Summary
Highlights
The module introduces the constitutional framework of legislatures in India, discussing the composition, privileges, and law-passing procedures in Parliament and state legislatures. India operates under a federal system with legislatures at both Union and State levels, with their powers defined by the Seventh Schedule of the Constitution through the Union, State, and Concurrent Lists. The Union Legislature is known as the Parliament of India, which is bicameral, comprising the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), with the President also being a part of Parliament as per Article 79.
Article 80 outlines the composition of the Rajya Sabha, which has a maximum strength of 250 members. Of these, 238 are elected representatives from states and Union territories (Delhi and Puducherry), and 12 are nominated by the President for their special knowledge in fields like literature, science, art, and social services. Unlike some federal systems, India's Rajya Sabha allocates seats based on the population of each state, as detailed in the Fourth Schedule of the Constitution. Members are indirectly elected by the elected members of State Legislative Assemblies (MLAs) through proportional representation by means of a single transferable vote.
According to Article 81, the Lok Sabha has a maximum strength of 550 members: 530 from states and 20 from Union territories. Members of the Lok Sabha are directly elected by the people from specific territorial constituencies, distinguishing it from the Rajya Sabha. A Lok Sabha MP represents a territorial constituency, while a Rajya Sabha MP represents a state. The allocation of seats for both houses is based on population.
The tenure for a Lok Sabha MP is five years, after which the house dissolves and new elections are held. For the Rajya Sabha, an MP's term is six years, and the house is a continuous body, with one-third of its members retiring every two years and replaced by new members. Qualifications for membership include Indian citizenship. For the Lok Sabha, the minimum age is 25 years, and for the Rajya Sabha, it is 30 years. Members must take an oath or affirmation, and Parliament can prescribe additional qualifications as per Article 84.
Disqualifications for members are governed by various laws. Under Article 102, grounds for disqualification include renouncing Indian citizenship, unsoundness of mind, being an undischarged insolvent, or holding an office of profit. An 'office of profit' refers to a remunerative post under the Union or state government, restricted to prevent undue influence. The 10th Schedule addresses anti-defection, aiming to prevent floor-crossing between political parties. The Representation of the People's Act of 1951 (RP Act) lists other disqualifications, such as corrupt practices in elections or conviction leading to more than two years imprisonment. These disqualification measures are similar for state legislatures.
Parliamentary privileges, influenced by the British system, are crucial for the democratic and parliamentary system's effective functioning without interference. These privileges are common to both Union and State legislatures, outlined in Article 105 and 194 respectively. They are twofold: collective privileges for the house and individual privileges and immunities for members. Article 105 grants freedom of speech in Parliament and immunity from court proceedings regarding anything said or voted on. This immunity also extends to publications authorized by Parliament. The house can take action and punish for breaches of privilege.