Parliament of India (Articles 79–122): Smart Notes for UPSC & UPPCS

Q: What are the three components of the Parliament of India under Article 79?

Under Article 79, the Parliament of India consists of three components: the President of India, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).

Q: What are the special powers of Rajya Sabha that Lok Sabha does not possess?

Rajya Sabha possesses two exclusive powers: authorizing Parliament to make laws on State List subjects under Article 249, and authorizing the creation of new All-India Services under Article 312.

Q: Who presides over a Joint Sitting of Parliament under Article 108?

A Joint Sitting is called by the President under Article 108, but it is presided over by the Speaker of Lok Sabha (or in his absence, Deputy Speaker of Lok Sabha, or Deputy Chairman of Rajya Sabha).

Q: What is a Money Bill and under which Article is it defined?

Defined under Article 110, a Money Bill contains provisions dealing exclusively with taxation, borrowing, or expenditure from the Consolidated Fund of India. It can be introduced only in Lok Sabha on the recommendation of the President, and the Speaker's decision on whether a bill is a Money Bill is final.

🧭 INTRODUCTION

The Parliament of India is the supreme legislative body of the Republic of India. Occupying a central position in the Indian democratic political system, Part V of the Constitution (Articles 79 to 122) deals with the organization, composition, duration, officers, procedures, privileges, and powers of Parliament. Modeled on the British Westminster System, Article 79 mandates that Parliament consists of three distinct organs: the President of India, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).

🔥 Core Structural Precedent

Although the President of India is not a member of either House and does not sit in Parliament to attend debates, he is an integral part of Parliament because a bill passed by both Houses cannot become law without Presidential Assent.

The Hindi names 'Rajya Sabha' and 'Lok Sabha' were officially adopted by the chairman and speaker respectively in 1954.

1. 🏛️ Composition of Rajya Sabha vs. Lok Sabha

Feature	Rajya Sabha (Council of States)	Lok Sabha (House of the People)
Max Strength	250 (238 elected from States/UTs + 12 nominated by President).	550 (530 from States + 20 from UTs). 2 Anglo-Indian seats abolished by 104th Amend Act 2019.
Current Strength	245 members.	543 members.
Nature of House	Permanent body; Not subject to dissolution. 1/3rd members retire every 2nd year.	Non-permanent body; standard term of 5 years from date of first meeting. Subject to dissolution by President.
Method of Election	Indirect election via Proportional Representation by Single Transferable Vote (STV) by elected MLAs.	Direct election by voters based on Universal Adult Suffrage using First-Past-The-Post (FPTP) system.
Minimum Age	30 years.	25 years.
Nominated Members	12 members nominated by President with special knowledge in Literature, Science, Art, and Social Service.	Nil (Anglo-Indian nomination provision under Art. 331 expired via 104th Amend 2019).

Exclusive Powers Comparison

Exclusive Powers of Rajya Sabha:
- Article 249: Pass a resolution by 2/3rd majority declaring a State List subject to be of national importance, authorizing Parliament to legislate on it.
- Article 312: Pass a resolution by 2/3rd majority authorizing creation of new All-India Services.
- Article 67: Resolution for removal of Vice-President can originate ONLY in Rajya Sabha.
Exclusive Powers of Lok Sabha:
- Money Bills (Art. 110) can originate ONLY in Lok Sabha. Rajya Sabha cannot amend or reject it (can hold for max 14 days).
- Financial Bills (I) under Art. 117(1) originate ONLY in Lok Sabha.
- Council of Ministers is collectively responsible ONLY to Lok Sabha (Art. 75(3)). No-Confidence Motion can be moved ONLY in Lok Sabha.
- Lok Sabha passes Demands for Grants (Budget voting) under Art. 113.

2. 👨‍⚖️ Presiding Officers: Speaker, Deputy Speaker & Chairman

1. Speaker of Lok Sabha

Elected by Lok Sabha from amongst its members. Remains in office during life of House (does not vacate office when Lok Sabha dissolves until first meeting of new House).

Powers & Functions: Maintains order and decorum in the House; final interpreter of constitutional rules of procedure within the House; adjourns or suspends House for lack of quorum.
Special Powers:
- Decides whether a bill is a Money Bill or not (decision is final and non-reviewable by courts).
- Presides over a Joint Sitting of both Houses of Parliament (Art. 108).
- Decides questions of disqualification of MPs under Tenth Schedule (Anti-Defection Law) (Subject to Judicial Review - Kihoto Hollohan Case 1992).
- Appoints Chairmen of all Parliamentary Committees of Lok Sabha and directly presides over Rules Committee, Business Advisory Committee, and General Purposes Committee.

2. Chairman of Rajya Sabha

The Vice-President of India is the ex-officio Chairman of Rajya Sabha. Unlike Speaker, the Chairman is NOT a member of the House.

Chairman cannot vote in first instance; casts a Casting Vote in case of equality of votes.
Cannot preside over Joint Sitting. Cannot decide whether a bill is a Money Bill.
When Vice-President acts as President of India, he does not perform duties of Chairman of Rajya Sabha and receives President's salary.

3. ⏱️ Sessions, Quorum & Devices of Parliamentary Proceedings

Sessions of Parliament

President summons each House. Max gap between two sessions of Parliament cannot exceed 6 months (Parliament must meet at least twice a year). India conventionally holds 3 sessions annually:

Budget Session: February to May (longest).
Monsoon Session: July to September.
Winter Session: November to December (shortest).

Key Procedural Terminology

Quorum: Minimum number of members required to be present to conduct business = 1/10th of total strength of the House (55 in Lok Sabha, 25 in Rajya Sabha) including the Presiding Officer.
Adjournment: Suspends sitting for a specified time (hours, days, weeks) by Presiding Officer.
Adjournment Sine Die: Terminating a sitting of Parliament without naming a day for reassembly. Done by Presiding Officer.
Prorogation: Terminates a session of Parliament. Done by President via notification. Does not affect pending bills (they remain alive).
Dissolution: Ends the life of the existing Lok Sabha. Done by President. Pending bills lapse as per rules.

Devices of Parliamentary Proceedings

Device	Timings / Definition & Scope
Question Hour	First hour of every parliamentary sitting. Members ask questions to Ministers. Divided into: • Starred Question: Oral answer required; supplementary questions allowed. • Unstarred Question: Written answer required; NO supplementary questions. • Short Notice Question: Asked by giving less than 10 days' notice; answered orally.
Zero Hour	Informal device unique to India (introduced in 1962). Starts immediately after Question Hour until regular agenda is taken up. Members raise urgent public importance matters without prior notice.

4. 📜 Legislative Procedure & Types of Bills Breakdown

Bill Type	Originating House	Presidential Prior Recommendation	Rajya Sabha Powers	Joint Sitting Provision
Ordinary Bill (Art. 107)	Either Lok Sabha or Rajya Sabha.	Not required.	Equal powers. Can delay up to 6 months, amend, or reject.	Yes (Art. 108).
Money Bill (Art. 110)	Lok Sabha ONLY.	Mandatory (President's prior recommendation).	Extremely limited. Cannot reject or amend. Must return within 14 days.	No (Lok Sabha's decision is final).
Financial Bill (I) (Art. 117(1))	Lok Sabha ONLY.	Mandatory for introduction.	Equal powers post-introduction. Can amend or reject.	Yes.
Financial Bill (II) (Art. 117(3))	Either House.	Required for consideration, not introduction.	Equal powers in all respects.	Yes.
Constitutional Amendment Bill (Art. 368)	Either House.	Not required.	Equal powers. Must pass by Special Majority in both Houses separately.	No (Must pass in both Houses independently).

5. 🔍 Deep Dive: Joint Sitting of Both Houses (Article 108)

Joint Sitting under Article 108 is an extraordinary mechanism provided to resolve a deadlock between Lok Sabha and Rajya Sabha over the passage of an Ordinary Bill or Financial Bill.

Conditions Triggering Deadlock (6 Months Expiry):

If a bill passed by one House is sent to the other House and:

The bill is rejected by the other House; or
The Houses have finally disagreed as to amendments made; or
More than 6 months lapse without the bill being passed by the second House.

Key Procedural Rules for Joint Sitting:

Summoned by: President of India.
Presided over by: Speaker of Lok Sabha. (If absent: Deputy Speaker of LS -> Deputy Chairman of RS -> Member chosen by Joint Sitting). Chairman of RS NEVER presides.
Majority required: Passed by a Simple Majority of total members present and voting. (Since Lok Sabha strength is double RS, Lok Sabha usually dominates).
Exceptions: Joint Sitting CANNOT be called for Money Bills or Constitutional Amendment Bills.

6. 🙋‍♂️ Parliamentary Motions Breakdown

Motion	Key Features & Application Rules
No-Confidence Motion	Moved under Rule 198 of Lok Sabha. Can originate ONLY in Lok Sabha. Needs support of 50 members to be admitted. If passed, the entire Council of Ministers must resign. Reason for moving does NOT need to be specified.
Censure Motion	Can be moved only in Lok Sabha against an individual minister or entire ministry. Must state reasons for adoption. If passed, government does NOT have to resign, but must regain confidence immediately.
Adjournment Motion	Introduced in Lok Sabha ONLY to draw attention to a definite matter of urgent public importance involving government failure. Needs support of 50 members. Involves an element of censure. Debate lasts at least 2 hours 30 minutes.
Calling Attention Motion	Indian innovation (since 1954). Moved by member to call attention of a minister to a matter of urgent public importance and solicit an authoritative statement. Allowed in both Houses.
Cut Motions (Budget)	Moved during budget voting in Lok Sabha: • Policy Cut: Disapproval of policy; demand reduced to Re. 1. • Economy Cut: Demand reduced by a specified amount. • Token Cut: Express specific grievance; demand reduced by Rs. 100.

7. 🛡️ Parliamentary Privileges & Anti-Defection Law

Parliamentary Privileges (Article 105)

Special rights, immunities, and exemptions enjoyed by Houses of Parliament, their committees, and members:

Collective Privileges: Right to publish debates/reports and exclude strangers; right to hold secret sittings; right to punish members/outsiders for breach of privilege or contempt of House.
Individual Privileges:
- Freedom from Arrest: Cannot be arrested in civil cases 40 days before, 40 days after, or during session. (No immunity in criminal cases or preventive detention).
- Freedom of Speech: No member liable to court proceedings for anything said or vote given in Parliament.

Anti-Defection Law (Tenth Schedule - 52nd Amend 1985)

Disqualifies an MP on grounds of defection if they voluntarily give up party membership, or vote/abstain against party whip without 15 days prior permission.
Independent member disqualified if joining any political party after election. Nominated member disqualified if joining a party after 6 months.
Decision taken by Speaker/Chairman. Subject to judicial review (Kihoto Hollohan 1992).

8. 📊 Parliamentary Committees Master Breakdown

Financial Standing Committees:

Committee	Composition	Chairperson & Features
Public Accounts Committee (PAC)	22 members (15 Lok Sabha + 7 Rajya Sabha). Elected by PR-STV. Term: 1 year.	Examines CAG reports, public expenditure. Conventionally, Chairman is appointed from the Opposition Party by Speaker. Ministers CANNOT be members.
Estimates Committee	30 members (ALL 30 from Lok Sabha ONLY; RS has no representation). Term: 1 year.	Examines budget estimates, suggests alternative policies/economies. Known as 'Continuous Economy Committee'. Chairman from ruling party.
Committee on Public Undertakings (COPU)	22 members (15 Lok Sabha + 7 Rajya Sabha). Term: 1 year.	Examines reports/accounts of Public Sector Undertakings (PSUs). Minister cannot be a member.

9. 🎯 UPSC PRELIMS FACTS

📌 High-Yield Facts

Parliament components: President + Rajya Sabha + Lok Sabha (Art. 79).
Rajya Sabha formed on April 3, 1952; Lok Sabha on April 17, 1952.
104th Amendment Act 2019: Abolished 2 nominated Anglo-Indian seats in Lok Sabha.
Speaker decision on Money Bill (Art. 110) is final and non-questionable in courts.
Joint Sitting (Art. 108) presiding order: Speaker -> Deputy Speaker -> Deputy Chairman RS.
Joint Sitting called ONLY 3 times in history (Dowry Prohibition 1961, Banking Services Commission 1978, POTA 2002).
Estimates Committee has 30 members, ALL from Lok Sabha.
Max gap between two sessions of Parliament is 6 months.
Freedom from arrest for MPs applies ONLY to Civil Cases, not Criminal/Preventive Detention.
Zero Hour is an Indian Innovation (since 1962), not mentioned in Rules of Procedure.

10. ✍️ UPSC MAINS VALUE ADDITION

💡 Analytical Anchor Points

Decline of Parliamentary Debates: Issues include shrinking annual sittings (<70 days/year), rushing bills without scrutiny, misuse of 'Money Bill' route to bypass Rajya Sabha, and frequent disruptions replacing debate.
Departmentally Related Standing Committees (DRSCs): 24 DRSCs scrutinize ministry demands and bills in detail across party lines away from public camera glare. Strengthening DRSCs restores legislative oversight over executive expansion.
Office of Speaker Neutrality: Unlike UK Speaker who resigns from party upon election ("Once a Speaker, always a Speaker"), Indian Speakers retain political party links, driving demands for reforms to ensure impartiality in defection rulings.

11. ❓ FREQUENTLY ASKED QUESTIONS (FAQ)

What are the three components of the Parliament of India under Article 79?