Name - Sumit Dubey

Enrollment no. 03219103819

BA LLB - 3

PSDA Activity

Constitutional Law
Topic 1 – Parliament – Composition, Functions of Lok Sabha and Rajya Sabha

Parliament of India –

Indian Parliament is the supreme legislative body of India. The Indian parliament is
considered as a bicameral structure. The Indian Parliament comprises of the President and the
two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the People).1

Composition –

The composition of Parliament can be described as follows –

 In our country, the Parliament consists of two Houses - the Council of States,
popularly known as the Rajya Sabha and the House of the People, known as the Lok
Sabha.
 The President of India is a part of the Parliament, although he is not the member of
either House. That is why all laws made in the Houses come into force only after they
receive the assent of the President.

Composition of Lok Sabha : Lok Sabha is also known as the House of the People. Lok
Sabha represents the house of people and the lower house. It represents the Indian people. The
maximum number of people that can be elected in Lok Sabha is 552. Out of these 552 people,
530 are elected to be members of the states. While 20 are the members represented in the
union territories. The remaining 2 people are from the Anglo-Indian community that is elected
by the president of India. The current structure of Lok Sabha consists of 530 members.2

Composition of Rajya Sabha - Rajya Sabha represents the council of states and the upper
house. The maximum people that can be elected in Rajya Sabha is 250. Out of this, 238 are
elected as the state representatives. While the remaining 12 are nominated by the president.
The 238 people also consist of representatives from union territories.3

1. Article 79 of the Constitution of India

2. Article 80(1) of the Constitution of India
3. Article 81(1) of the Constitution of India
Functions of Lok Sabha

The important functions of the Lok Sabha are:

1) Legislative Function: The primary function of Parliament is a law making function. Lok
Sabha plays an important part. It can pass bills concerning to all those subject which have
been included in Union and Concurrent list. No bill can become law unless it has been passed
by Lok Sabha.

2) Financial Power: The power of control over the finances by the Lok Sabha is powerful.
The money bill has to be introduced in the Lok Sabha first, and when passed by the Lok Sabha
it is to be transmitted to Rajya Sabha for the recommendation. It is upon the Lok Sabha to
accept or not to accepts the recommendations. The Lok Sabah alone has the exclusive power
of sanctioning all government expenditures.

3) Executive Control: Article 75(3) of the Constitution provides that ' Council of Ministers
are collectively responsible to the Lok Sabha.' Thus, the Government is accountable to the
Lok Sabha for its acts. It is only the Lok Sabha which can pass a no-confidence vote against
the Council of Ministers and force them to resign.

Functions of Rajya Sabha

LEGISLATIVE POWERS - All Bills, other than Money Bills can originate in any House of
the Parliament. No bill can become a law unless agreed to by both the Houses. The Parliament
is competent to make laws on: i) Matters in the Union List ii) Matters in the Concurrent List
iii) Residuary Powers iv) Matters in the State List v) Ordinances v) Emergency Powers

FINANCIAL POWERS - In the financial domain the Parliament is the supreme authority.
The budget is annually prepared by the Cabinet and it is submitted for the approval of the
Parliament. The Parliament also approves all proposals of the Union Government to impose
taxes. Money Bills can originate only in the Lok Sabha. After they have been passed by the
Lok Sabha, they are sent to the Rajya Sabha for approval.

CONTROL OVER THE EXECUTIVE - The Parliament keeps a day-to-day watch over the
activities of the Executive. Parliament may remove a Cabinet out of power by a vote of no
confidence.

JUDICIAL POWERS - The Constitution vested in the Parliament the power to impeach the
President, the Vice-President, and the other High Federal Officers like the Judges of the
Supreme Court and High Courts, Auditor-General, Members of the Public Service
Commission etc.
ELECTORAL FUNCTIONS - The Parliament participates in the election of the President
and the Vice-President. The Lok Sabha also elects its own Speaker and Deputy Speaker while
the Rajya Sabha elects its Deputy Chairman.

CASE LAWS – Jaya Bachchan v. Union of India 11: A member of Rajya Sabha was
appointed as Chairperson of the Film Development Council. The Parliament ( Prevention of
Disqualification) Act did not exempt the said office of profit from the disqualification under
Article 102(1)(a) of the constitution. The office carried with monthly honorarium of Rs.5000/-
entitlement expenditure of Rs. 10,000/- staff car with driver, telephones at office residence,
free accommodation and medical treatment facilities to self and family members, apart from
other allowances. The petitioner’s membership on this ground was challenged and after
obtaining the opinion of the Election Commission as required by Article 103(2) she was
disqualified as a member of Rajya Sabha. The petitioner challenged the validity of her
disqualification order in the Supreme Court. She claimed that the benefits and facilities given
by the State Government was not received by her. The Supreme Court held that the
petitioner’s disqualification from the membership was valid. The court held that an office of
profit is an office which is capable of yielding a profit of pecuniary gain. Nature of the
payment must be considered as a matter of substantive rather than of form.

2. Keshav Laxman Borkar v. Dr. Devrao Laxman Anande 2 - For the election to the Bombay
Legislative Assembly from the Electoral Constituency No. 129 of Mazagaon in Greater
Bombay held on March 11, 1957, there were originally four candidates for the unreserved
seat. Out of them two had withdrawn before the polling, leaving the appellant and the
respondent as the two contesting candidates. On April 10, 1957, the appellant filed an Election
Petition (No. 190 of 1957) alleging that as the respondent was, at all material times, an
Insurance Medical Practitioner, Bombay under the Employees' State Insurance Act, 1948, he
was holding an office of profit under the Government of Bombay and as such was not, under
Art. 191 of the Constitution of India, eligible for election. The Tribunal by its order dated
September 17, 1957, held that the respondent was holding an office of profit under the
Government of Bombay and as such was disqualified under Art. 191(1)(a) of the Constitution
and accordingly, declared the election of the respondent to the Legislative Assembly of the
State of Bombay from Constituency No. 129 Mazagaon void. The Tribunal further held that
the appellant was duly elected to the State Legislative Assembly from the said constituency.

_________________________________________________________

1. AIR 2006 SC 2119

2. AIR 1968 SC 1959
Critical Analysis : Indian Parliament is the supreme legislative body of India. The Indian
Parliament comprises of the President and the two Houses - Rajya Sabha (Council of States)
and Lok Sabha (House of the People). The maximum number of people that can be elected in
Lok Sabha is 552. Out of these 552 people, 530 are elected to be members of the states.
While 20 are the members represented in the union territories. The remaining 2 people are
from the Anglo-Indian community that is elected by the president of India. The current
structure of Lok Sabha consists of 530 members. Rajya Sabha represents the council of states
and the upper house. The maximum people that can be elected in Rajya Sabha is 250. Out of
this, 238 are elected as the state representatives. While the remaining 12 are nominated by
the President. The 238 people also consist of representatives from union territories.