PARLIAMENT

Table of Contents

Constitution of Parliament (Article 79)

Article 79 of the Constitution of India provides that there shall be a Parliament for the Union, which shall consist of the President and two Houses—Council of States (Rajya Sabha) and House of the People (Lok Sabha).

Qualifications for Membership (Article 84)

• Citizen of India
• Minimum age: 30 years for Council of States and 25 years for House of the People
• Other qualifications as prescribed by Parliament

Council of States (Rajya Sabha)

Composition:

• 12 members nominated by the President for their expertise in literature, science, arts, or social service
• Up to 238 members elected by the legislative assemblies of States and Union Territories

Manner of Election: These 238 Seats in Council of States(Rajya Sabha) is to be filled by elected members of legislative assemblies with the system of proportional representation by means of single transferrable vote.(Article 81) Duration: Rajya Sabha is a permanent body; 1/3rd of its members retire every two years (Article 83) Chairman and Deputy Chairman: The vice president is the chairman of council of states and a member of council becomes deputy chairman(Article 89)

House of People (Lok Sabha)

Composition:

• Up to 530 members elected from States
• Up to 20 members from Union Territories

Seat Allocation: Based on population to ensure uniformity in representation Duration: The house of people shall continue for the term of five years from the date of its first meeting. The duration of house of people can be extended by parliament by law for a period  of one year at the time of emergency and beyond a period of six months after emergency has ceased to operate.(Article 83) Presiding Officers: Members of House of People elect a Speaker and Deputy Speaker (Article 93)

Vacation of Seats (Article 101)

• No person shall be member of both houses of parliament and parliament shall make law for vacation of its seats
• No person shall be a member of Parliament and of the house of state legislature and if it happens then the person`s seat in parliament will become vacant after the specified time.
• The seat of a member of either house of parliament will become vacant if-:
• Becomes subject to disqualification
• Resign by writing to chairman or speaker
• If a member absent himself from all meetings for a period of 60 days, the house may declare his seat vacant provided that while counting 60 days the period where house is prorogued or is adjourned for consecutive 4 days is not counted.

Disqualification for Membership (Article 102)

A person shall be disqualified for being chosen as member of parliament if

• holds an office of profit under the government
• Declared of unsound mind by a court
• Is an undischarged insolvent
• Is not a citizen of India or voluntarily acquires citizenship of a foreign state
• Disqualified under any law by Parliament

Final Decision: Final decision regarding disqualification of membership lies with the President (Article 103)

Secretariat of Parliament (Article 98)

Each House shall have its own secretarial staff. Parliament may by law regulate recruitment and conditions of service of this staff.