PARLIAMENT COMPOSITION, FUNCTIONING, Lecture notes of Law

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Parliament (Art 76-

Constitution of Parliament: Parliament of India consists of three organs : 1. House of the People 2. The Council of States (The Rajya Sabha) 3. The President

 Indian Constitution is Parliamentary form of Government. In India Constitution is the Supreme. Indian Constitution expressly vest this power in the courts.  The Indian Constitution is the creature of the Constitution and derives all its power from the Constitution. It is not sovereign body.  In England, laws passed by the Parliament cannot be declared unconstitutional.

1 Andhra

Allocation of Seats as per

• 18 15 Uttar Pradesh Pradesh
• 2 Assam 7 16 Utralhand
• 3 Bihar 16 17 West Bengal
• 4 Jharkhand 6 18 Jammu & Kashmir
• 5 Goa 1 19 Nagaland
• 6 Gujarat 11 20 Himachal Pradesjh
• 7 Haryana 5 21 Manipur
• 8 Kerala 9 22 Tripura
• 9 Madhya Pradesh 11 23 Meghalaya
• 10 Chhatisgarh 5 24 Sikkim
• 11 Tamil Nadu 18 25 Mizoram
• 12 Maharashtra 19 26 Arunachal Pradesh
• 13 Karnataka 12 27 Delhi
• 14 Odhisa 10 28 Pondechari

 (^) The Vice-President of India – Ex Officio Chairman or Rajya Sabha  (^) Rajya Sabha select a member of House to be a Deputy Chairman(Art-89)  (^) When office of Chairman vacant or he is acting as the VP or discharging function of President, his duties shall be performed by the Dy. Chairman  (^) If office of Dy. Chairman also vacant the duties shall be performed by such member as the President may appoint for that purpose. Chairman and Deputy Chairman

 A office of Dy. Chairman shall vacate his office if he ceases to be a member of the Council.  Resign by witting to the Chairman  He may also removed from his office by a resolution of the Council passed by a majority of all the member present.(art-90)  Resolution can only be moved by giving at least 14 days’ notice.

 While a resolution for removal of the Chairman (Vice-President) is under consideration, the Chairman and while a resolution for the removal of the Dy. Chairman is under consideration, the Dy. Chairman shall not preside.  The Chairman shall have right to speak and take part in the proceedings but shall not have right to vote on such resolution or on other proceedings. (Art-92)

 Is a popular House  Members are directly elected by the people  Total M.P. – 550 or 552(Including Anglo Indian)  out of -- 530 elected by voters of States 20 by the Union Territories  2 Anglo Indians shall be nominated by the President. The Lok Sabha

 for the purpose of elections to the Lok Sabha each State is divided into territorial constituency.  Ration of seat and population should remain same for all states  It is decided on the basis of census.  New census after 2026 Territorial Constituencies

 Must be a citizen of India  Not less than 30 years of age in than case of the Council of State and not less that 25 years of age in the case of House of People  Possessing such other qualification as may be prescribed by Parliament  Taken an oath before authorised person  Person’s name should be registered as a voter in any Parliamentary Constituency.

Qualification for membership of

Parliament

 If he hold s any office of profit  If he is of unsound mind and a competent court has declared him to be so.  If he discharged insolvent  If he is not citizen  Disqualified under any law made by Parliament Disqualifications

 Corrupt practice at an election  Conviction for an offence resulting in imprisonment for two or more years  Failure to lodge an account for election expenses  Having interest or share contract for supply of goods and execution  Being a director or managing agent or holding an office of profit  Dismissal from govt. service for corruption to the state.

Disqualifications under the

Representation of People Act

 52 nd^ Amendment has amended Article 101,102 190 and 191 and added a new Schedule, the Tenth Schedule, to Constitution which specifies the Disqualifications on the ground of defection.

1. If he voluntary gives up the membership of the political party on whose tickets he is elected to the House.
2. If he votes or abstains from voting in the House against the direction of political party or without prior permission, of such party and unless it has been condoned by the party within 15 days from the date of voting or abstention or

Disqualification on ground of

defection

 If a member, after being elected as the presiding officer gives up the membership of the party to which he belonged, or does not rejoin that party or becomes a member of another party.  If any question arises as to whether a member of a House has become subject to any of the disqualifications under the Tenth Schedule, the question shall be referred to Chairman or Speaker of such House, whose decision shall be final. The decision of Presiding Officer shall not be called in question in any court of Law. (Paragraph-7)

 If any question arises as to whether a member of either house of Parliament has become subject to any disqualification mentioned u/A 102 the question shall be referred to the President whose decision shall be final.  However, President is required to obtain the opinion of the Election Commission before giving any decision on matter of disqualifications and shall act according to it.

Decision on questions of

disqualification of Members