Indian Parliament: Part 5, Chapter II [General] of the Indian Constitution: Overview and Key Provisions

Articles at a Glance

General

Article 79: Constitution of Parliament

Article 79 sets the foundation for the Union’s legislative body, which is referred to as Parliament. It specifies that the Parliament of India consists of the President and two houses:

• The Council of States (Rajya Sabha).
• The House of the People (Lok Sabha).

Article 80: Composition of the Council of States

This article details the composition and election process of the Rajya Sabha:

• Members: It consists of up to 250 members, including 12 members nominated by the President for their expertise in fields like literature, science, art, and social service. The remaining members represent the states and Union territories.
• Allocation of Seats: The allocation of seats is governed by the Fourth Schedule of the Constitution, ensuring proportional representation based on the states’ population.
• Election Process: Representatives from the states are elected by the elected members of the State Legislative Assemblies using proportional representation with the single transferable vote system. Union territories’ representatives are chosen as prescribed by Parliament.

Article 81: Composition of the House of the People

Article 81 defines the composition of the Lok Sabha:

• Members: It comprises up to 552 members, with 530 representing the states and up to 20 representing Union territories.
• Allocation and Division: The seats are allocated to states based on their population, aiming for uniformity in representation. Each state is divided into territorial constituencies to ensure proportional representation relative to population.

Article 82: Readjustment after Each Census

Article 82 mandates the readjustment of Lok Sabha seats and constituency boundaries after each census to reflect population changes. This readjustment process ensures equitable representation but has been paused until the post-2026 census figures are available, maintaining the 1971 census as the basis for seat allocation and the 2001 census for constituency division until then.

Article 83: Duration of Houses of Parliament

This article addresses the tenure of the two houses:

• Council of States: Rajya Sabha is a permanent body that is not subject to dissolution, with one-third of its members retiring every two years.
• House of the People: Lok Sabha members serve for a term of five years unless dissolved earlier. However, during a state of emergency, the term can be extended by up to one year at a time.

Article 84: Qualification for Membership of Parliament

Article 84 outlines the eligibility criteria for becoming a member of Parliament:

• Citizenship: The individual must be an Indian citizen.
• Age: Minimum age is 30 years for Rajya Sabha and 25 years for Lok Sabha.
• Other Qualifications: Any additional qualifications are prescribed by Parliament through legislation.

Article 85: Sessions of Parliament, Prorogation, and Dissolution

This article empowers the President to:

• Summon Sessions: Call for sessions of Parliament at least once every six months.
• Prorogue and Dissolve: Prorogue (temporarily discontinue without dissolving) either House and dissolve the Lok Sabha.

Article 86: Right of President to Address and Send Messages to Houses

Article 86 allows the President to:

• Address Parliament: Address either or both Houses of Parliament.
• Send Messages: Send messages to either House regarding pending bills or other issues, which the House must consider promptly.

Article 87: Special Address by the President

At the beginning of the first session after each general election and the first session of each year, the President addresses both Houses of Parliament together, outlining the government’s agenda and priorities.

Article 88: Rights of Ministers and Attorney-General as Respects Houses

Article 88 grants rights to Ministers and the Attorney-General to:

• Participate in Proceedings: Speak and participate in the proceedings of either House, joint sittings, and any parliamentary committees they are part of.
• Right to Vote: However, they are not entitled to vote solely by virtue of these rights.

Read More: Officers of the Parliament

Conclusion

Chapter II of Part V of the Indian Constitution establishes the framework for the functioning of the Union’s legislative branch. It sets out the composition, roles, and procedural rules of Parliament, ensuring a structured and representative legislative process for the country. This chapter underscores the democratic principles of proportional representation and the importance of periodic reevaluation to maintain equitable representation in the face of changing demographics.

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