The Lok Sabha and Rajya Sabha under Part V (Art 79 to 122): composition, tenure, sessions, the legislative process, money versus financial versus ordinary bills, parliamentary devices, committees, and the special powers of each House
Parliament is the supreme legislative organ of the Union and the institution to which the executive is accountable. It is established by Part V, Chapter II of the Constitution (Art 79 to 122) and consists of the President and two Houses: the Rajya Sabha (Council of States, the Upper House) and the Lok Sabha (House of the People, the Lower House). India follows a bicameral, parliamentary system in which the Lok Sabha is directly elected by universal adult franchise and the Council of Ministers is responsible to it, while the Rajya Sabha is a permanent, continuing chamber that represents the States and is never fully dissolved. For CAPF this is a static-fact goldmine: the strengths and constitutional caps of each House, the tenure rules, the qualifications and minimum ages, the sessions and devices (Question Hour, Zero Hour, adjournment, prorogation), the legislative process and the precise difference between a money bill (Art 110), a financial bill, and an ordinary bill, the joint sitting (Art 108), and the special powers each House holds alone. The NCERT Class XI text "Indian Constitution at Work", Chapter 5 (Legislature), and Laxmikanth's chapter on Parliament are the standard references.
The Lok Sabha embodies the principle of direct democratic accountability: it is elected by the people, the government is formed from its majority, and only it can be the graveyard of a ministry through a no-confidence motion. The Rajya Sabha embodies federal representation: it gives the States a voice at the Centre and acts as a revising chamber that checks hasty legislation. The Rajya Sabha is also a permanent body (a "continuing chamber") so that legislative continuity survives the dissolution of the Lok Sabha. The two Houses are broadly equal on ordinary bills, but the Lok Sabha is dominant on financial matters and on the survival of the government.
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Constitutional maximum strength | 552 (530 from States + 20 from Union Territories + earlier 2 nominated Anglo-Indians, the nomination ended by the 104th Amendment, 2019) | 250 (238 representatives of States and UTs + 12 nominated by the President) |
| Current working strength | 543 elected | 245 (233 elected + 12 nominated) |
| How chosen | Direct election by universal adult franchise from territorial constituencies (Art 81) | Indirect election by the elected members of State Legislative Assemblies using STV and proportional representation; UT representatives as prescribed by Parliament; 12 Presidential nominees (Art 80) |
| Term | 5 years from the date of its first meeting unless dissolved earlier; extendable by up to one year at a time during a National Emergency (Art 83) | Permanent body, not subject to dissolution; one-third of members retire every second year; each member serves 6 years |
| Presiding officer | Speaker, assisted by the Deputy Speaker (Art 93) | Chairman, who is the Vice-President of India (ex officio), assisted by the Deputy Chairman (Art 89) |
| Minimum age to be a member (Art 84) | 25 years | 30 years |
| Quorum (Art 100) | One-tenth of the total number of members of the House | One-tenth of the total number of members of the House |
| Salary and allowances | Determined by Parliament (Art 106) | Determined by Parliament (Art 106) |
The President nominates 12 members to the Rajya Sabha for their special knowledge or practical experience in literature, science, art and social service (Art 80). The Rajya Sabha being a continuing chamber means a bill pending in it does not lapse on the dissolution of the Lok Sabha, whereas most bills pending in or originating in the Lok Sabha lapse.
| Item | Fact |
|---|---|
| Qualifications (Art 84) | Citizen of India; 25 years (Lok Sabha) or 30 years (Rajya Sabha); other qualifications prescribed by Parliament (Representation of the People Act, 1951) |
| Disqualifications (Art 102) | Office of profit; unsound mind; undischarged insolvent; not a citizen; disqualified under any law (e.g. the Representation of the People Act, 1951) |
| Anti-defection | Tenth Schedule (52nd Amendment, 1985); decided by the presiding officer; the "split" exception was removed by the 91st Amendment (2003), so now only a merger (two-thirds) is exempt |
| Vacation of seat | Double membership, defection, absence for 60 days without permission (Art 101) |
| Term | Meaning |
|---|---|
| Summoning | The President summons each House; the maximum gap between two sessions of the same House cannot exceed six months (Art 85) |
| Three sessions (by convention) | Budget session (February to May), Monsoon session (July to September), Winter session (November to December) |
| Sitting | A part of a day when the House meets |
| Adjournment | A suspension of work within a sitting or session for a specified time, ordered by the presiding officer |
| Adjournment sine die | Termination of a sitting without naming a day for reassembly, by the presiding officer |
| Prorogation | The end of a session, ordered by the President; pending notices lapse but pending bills do not |
| Dissolution | The end of the life of the Lok Sabha only; the Rajya Sabha is never dissolved |
| Question Hour | The first hour of a sitting, for questions to Ministers (starred, unstarred and short-notice questions) |
| Zero Hour | The period immediately after Question Hour; an Indian innovation, not mentioned in the rules of procedure |
| Quorum | One-tenth of the total membership (Art 100) |
| Device | Purpose |
|---|---|
| Question Hour | To extract information and hold Ministers to account |
| Zero Hour | To raise matters of urgent public importance without notice (informal) |
| Adjournment motion | To draw attention to a definite matter of urgent public importance, involving a censure of the government (Lok Sabha only) |
| No-confidence motion | To express that the House has no confidence in the Council of Ministers (Lok Sabha only); needs the support of 50 members to be admitted |
| Motion of thanks | On the President's address; its defeat amounts to the defeat of the government |
| Cut motions | To reduce the amount of a demand for grant (policy cut, economy cut, token cut) |
| Censure motion | To censure specific policies or Ministers; can be moved in either House |
| Calling attention motion | To call a Minister's attention to a matter of urgent public importance (an Indian innovation) |
| Privilege motion | To censure a Minister for a breach of parliamentary privilege |
An ordinary bill (not a money bill) may be introduced in either House and must be passed by both Houses and receive the President's assent (Art 111) to become law. A bill passes through three readings: the first reading (introduction), the second reading (clause-by-clause consideration, often after committee scrutiny), and the third reading (passing). A constitution amendment bill follows Art 368, and a money bill follows the special procedure in Art 109 and Art 110.
| Type of bill | Where introduced | Role of the Rajya Sabha | Joint sitting |
|---|---|---|---|
| Ordinary bill | Either House | Equal power; can amend or reject; deadlock resolved by a joint sitting (Art 108) | Available (Art 108) |
| Money bill (Art 110) | Lok Sabha only, on the recommendation of the President | Can only make recommendations; must return the bill within 14 days; the Lok Sabha may accept or reject the recommendations; effectively Lok Sabha dominance (Art 109) | Not available |
| Financial bill | Category I (Art 117(1)): Lok Sabha only, with the President's recommendation; Category II (Art 117(3)): either House | Like an ordinary bill for Category II and the non-money portions of Category I | Available |
| Constitution amendment bill (Art 368) | Either House | Must pass each House separately by a special majority; no provision for a joint sitting | Not available |
A money bill is certified as such by the Speaker of the Lok Sabha, whose decision is final and cannot be questioned in any court (Art 110(3) and Art 110(4)). A joint sitting (Art 108) is summoned by the President to resolve a deadlock on an ordinary or financial bill, is presided over by the Speaker of the Lok Sabha (in his absence the Deputy Speaker, then the Deputy Chairman of the Rajya Sabha; the Chairman of the Rajya Sabha never presides), and is decided by a simple majority of the total number of members present and voting. A joint sitting is not available for a money bill or a constitution amendment bill.
| Lok Sabha alone | Rajya Sabha alone |
|---|---|
| A money bill can be introduced only here (Art 110) | Can authorise Parliament to make a law on a State List subject in the national interest (Art 249), by a two-thirds resolution |
| A no-confidence motion against the Council of Ministers lies only here (Art 75) | Can authorise the creation of a new All-India Service common to the Union and the States (Art 312), by a two-thirds resolution |
| The Speaker certifies a money bill (Art 110(3)) | Represents the States in the federal scheme |
| The fate of recommendations on a money bill is decided here (Art 109) | A continuing chamber, never dissolved (Art 83) |
| The Council of Ministers is collectively responsible to it | Approval of an emergency proclamation can continue through it when the Lok Sabha is dissolved |
| Committee | Composition / head | Function |
|---|---|---|
| Public Accounts Committee (PAC) | 22 members (15 Lok Sabha + 7 Rajya Sabha); a Minister cannot be a member; the Chairman is from the Opposition by convention | Examines the CAG's audit reports on appropriation accounts |
| Estimates Committee | 30 members, all from the Lok Sabha | Examines the estimates in the Budget and suggests economies |
| Committee on Public Undertakings (COPU) | 22 members (15 Lok Sabha + 7 Rajya Sabha) | Examines the reports and accounts of public-sector undertakings |
| Departmentally Related Standing Committees | 24 committees; each 31 members (21 Lok Sabha + 10 Rajya Sabha) | Detailed scrutiny of demands for grants, bills and policy of each ministry |
| Business Advisory Committee | Presiding officer chairs | Allocates time for legislative and other business |
These three financial committees (PAC, Estimates, COPU) are the core of legislative financial control; the PAC works closely with the CAG (Art 148). See constitutional and statutory bodies.
| Article | Subject |
|---|---|
| Art 79 | Constitution of Parliament (President + two Houses) |
| Art 80 | Composition of the Rajya Sabha |
| Art 81 | Composition of the Lok Sabha |
| Art 83 | Duration of the Houses (5-year Lok Sabha, permanent Rajya Sabha) |
| Art 84 | Qualifications for membership |
| Art 85 | Sessions, prorogation and dissolution (the six-month rule) |
| Art 93 | The Speaker and Deputy Speaker of the Lok Sabha |
| Art 100 | Voting in Houses and quorum |
| Art 102 | Disqualifications for membership |
| Art 105 | Powers, privileges and immunities of Parliament and its members |
| Art 108 | Joint sitting of the two Houses |
| Art 109 | Special procedure in respect of money bills |
| Art 110 | Definition of a money bill |
| Art 111 | Assent to bills |
| Art 112 | Annual financial statement (the Budget) |
| Art 117 | Financial bills |
| Art 123 | Ordinance power of the President |
| Art 249 | Rajya Sabha power to legislate on a State subject |
| Art 312 | Rajya Sabha power to create a new All-India Service |
| Fact | Value |
|---|---|
| Lok Sabha constitutional cap | 552 |
| Lok Sabha current strength | 543 elected |
| Rajya Sabha constitutional cap | 250 (238 + 12) |
| Rajya Sabha current strength | 245 (233 + 12) |
| Minimum age, Lok Sabha / Rajya Sabha | 25 / 30 |
| Lok Sabha term | 5 years (extendable by 1 year during emergency) |
| Rajya Sabha member term | 6 years; one-third retire every 2 years |
| Quorum | One-tenth (Art 100) |
| Maximum gap between sessions | 6 months (Art 85) |
| Money bill return deadline (Rajya Sabha) | 14 days |
| Members needed to admit a no-confidence motion | 50 |
| Anglo-Indian nomination ended | 104th Amendment, 2019 |
Parliament questions are crisp and factual: single-correct on strengths and ages, "how many statements are correct" on bill procedure, Article-to-subject matching, and assertion-reason on the Lok Sabha's financial dominance.
Authored practice