Polity · Chapter 04

🏛️ Parliament

Lok Sabha, Rajya Sabha, sessions, bills and legislative powers.

🏛️ The Parliament of India

Parliament is the supreme legislative body of India. It consists of 3 parts: President + Rajya Sabha (Council of States) + Lok Sabha (House of the People).

Lok Sabha: Maximum 552 members (530 states + 20 UTs + 2 Anglo-Indian, now abolished by 104th Amdt). Currently 543. Term: 5 years. Presided by Speaker. Elected by direct vote. Money Bills originate here. More powerful than Rajya Sabha on financial matters.

Rajya Sabha: Maximum 250 (238 elected + 12 nominated by President). Currently 245. Permanent body — cannot be dissolved. 1/3 members retire every 2 years. Presided by Vice President (ex-officio Chairman). Elected by indirect vote (state legislative assemblies).

Sessions: Budget Session (Feb–May), Monsoon Session (Jul–Aug), Winter Session (Nov–Dec). Quorum = 1/10 of total members. Joint sitting called by President when houses disagree — presided by Lok Sabha Speaker.

📝 Types of Bills

Ordinary Bill — can originate in either house. Needs simple majority. If disagreement → joint sitting.
Money Bill (Art 110) — only in Lok Sabha. Rajya Sabha can only recommend (14 days), Lok Sabha can reject recommendations. Speaker certifies.
Finance Bill — deals with taxation. Requires Presidential recommendation.
Constitutional Amendment Bill (Art 368) — special majority (2/3 of members present and voting + majority of total membership). Some need state ratification too.
Private Member Bill — introduced by MP who is not a minister.

🔑 Powers of Parliament — SSC favorites

• Legislative — make laws on Union List (97 subjects) and Concurrent List
• Executive — Council of Ministers accountable to Lok Sabha. No-confidence motion removes government.
• Financial — Budget approval, no tax without Parliament, CAG report reviewed
• Constitutional — amend the Constitution (Art 368)
• Judicial — can impeach President, Vice President, SC/HC judges, CAG
• Electoral — elects President and Vice President
• Amending power — can amend Constitution (but not Basic Structure)

🎬

Parliament — Lok Sabha vs Rajya Sabha

Animation
PARLIAMENT STRUCTURE — CLICK EACH HOUSE LOK SABHA House of the People 🏛️ Members: 543 (max 552) Term: 5 years Presided by: Speaker Election: Direct vote by citizens Min age: 25 years Dissolution: Can be dissolved Money Bills: Originate here ONLY No confidence: Can remove govt Joint sitting: Speaker presides RAJYA SABHA Council of States 🏛️ Members: 245 (max 250) Term: Permanent (6yr rotating) Presided by: Vice President Election: Indirect (state assemblies) Min age: 30 years Dissolution: CANNOT be dissolved 12 nominated by President Special powers: Art 249, 312 Represents states in Centre CLICK EITHER HOUSE Parliament is the supreme legislative authority — it makes laws, controls finance, and holds government accountable.

Lok Sabha has the final say on money matters. Rajya Sabha protects states from central overreach.

📜

Types of Bills & Majority

Interactive
ArticleArticle 110
OriginOnly in Lok Sabha
Rajya Sabha roleCan only recommend changes (14 days) — Lok Sabha can reject
CertificationSpeaker of Lok Sabha certifies it as Money Bill
PresidentCannot return Money Bill — must give assent
Practice (SSC): What is Anti-Defection Law? Under what Schedule?
Anti-Defection Law — added by 52nd Constitutional Amendment Act, 1985. Placed in the 10th Schedule of the Constitution.

What it does: Prevents elected members of Parliament and state legislatures from defecting (switching parties) after election.

Grounds for disqualification:
• Voluntarily giving up membership of political party
• Voting against party whip (party direction) or abstaining from voting
• If an independent member joins a political party after election
• If a nominated member joins a party after 6 months of taking seat

Who decides disqualification: Speaker of Lok Sabha (or Chairman of Rajya Sabha). This power is controversial — Speaker is from ruling party.

Exception (Merger rule): If at least 2/3 of party members in the house merge with another party, it is NOT defection. No "split" allowed — only "merger."

Cases challenging it: Kihoto Hollohan v. Zachillhu (1993) — SC upheld validity of 10th Schedule. Speaker decision is subject to judicial review (limited).

Problem: The law has been criticized because it makes MPs and MLAs blind followers of party whip — reduces independent thinking.
Practice (SSC): What is the difference between simple majority, absolute majority, effective majority, and special majority?
Types of Majority in Parliament:

1. Simple Majority:
• More than 50% of members PRESENT AND VOTING
• Most common — used for ordinary bills, no-confidence motion
• If 300 members present and voting: need 151 votes

2. Absolute Majority:
• More than 50% of TOTAL MEMBERSHIP (regardless of attendance)
• Lok Sabha total = 543, so need 272 votes minimum
• Rarely mentioned explicitly in Constitution

3. Effective Majority:
• More than 50% of EFFECTIVE STRENGTH (excluding vacancies)
• Used for removing Speaker, Deputy Speaker

4. Special Majority (Article 368 — Constitutional Amendments):
• 2/3 of members PRESENT AND VOTING + majority of total membership
• Both conditions must be satisfied
• Used for most constitutional amendments

5. Special Majority + State Ratification:
• Special majority in Parliament PLUS ratification by at least 1/2 of state legislatures
• Used when federal features are changed (election of President, SC/HC, lists, representation of states in Parliament)

Key Article 368 — Parliament can amend Constitution but cannot destroy Basic Structure.
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