Constitutional Framework
Article 79 establishes Parliament consisting of the President and two Houses — the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
India follows a bicameral legislature at the Union level. The President is an integral part of Parliament but does not sit in or participate in discussions.
Composition
Lok Sabha (House of the People)
| Feature | Detail |
|---|---|
| Constitutional basis | Articles 81, 331 |
| Maximum strength | 550 (530 from States + 20 from UTs) — after the 104th Amendment, 2019 which abolished Anglo-Indian nomination |
| Previous maximum | 552 (530 + 20 + 2 nominated Anglo-Indians) |
| Current strength | 543 elected members |
| Elected by | Direct election on the basis of universal adult franchise |
| Minimum age | 25 years |
| Term | 5 years (can be dissolved earlier; can be extended during National Emergency by 1 year at a time) |
| Presiding officer | Speaker (and Deputy Speaker) |
| Quorum | 1/10th of total membership |
Rajya Sabha (Council of States)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 80 |
| Maximum strength | 250 (238 elected + 12 nominated by President) |
| Current strength | 245 (233 elected + 12 nominated) |
| Elected by | Elected members of State Legislative Assemblies and UTs — by single transferable vote through proportional representation |
| Nominated members | 12 — persons with special knowledge/experience in literature, science, art, social service |
| Minimum age | 30 years |
| Term | Permanent body — not subject to dissolution; 1/3rd of members retire every 2 years (each member serves 6 years) |
| Presiding officer | Vice-President of India (ex officio Chairman) + Deputy Chairman |
| Quorum | 1/10th of total membership |
Sessions of Parliament
| Session | Typical Period | Purpose |
|---|---|---|
| Budget Session | Feb–May | Present and discuss Union Budget; pass Finance Bill and Appropriation Bill |
| Monsoon Session | Jul–Aug | Legislation, discussions |
| Winter Session | Nov–Dec | Legislation, discussions |
- The gap between two sessions cannot exceed 6 months (Article 85)
- President summons, prorogues, and can dissolve the Lok Sabha
- Adjournment = temporary suspension (by presiding officer); Prorogation = end of session (by President)
Legislative Process
How a Bill Becomes Law
- Introduction (First Reading) — Bill introduced in either House (except Money Bills — Lok Sabha only)
- Committee Stage — Referred to Standing Committee or Select Committee for detailed examination
- Second Reading — Clause-by-clause discussion and voting
- Third Reading — Bill passed by the House
- Sent to Other House — The other House can pass, reject, amend, or take no action for 6 months
- Presidential Assent — President can give assent, withhold assent, or return for reconsideration (except Money Bills)
Types of Bills
| Type | Introduced in | Rajya Sabha power | Joint Sitting possible? |
|---|---|---|---|
| Ordinary Bill | Either House | Can amend/reject | Yes (Article 108) |
| Money Bill | Lok Sabha only (Article 109) | Can only suggest amendments within 14 days; Lok Sabha may accept or reject suggestions | No |
| Financial Bill | Lok Sabha only | Can amend/reject | Yes (for Type I) |
| Constitutional Amendment Bill | Either House | Must be passed by both Houses separately with special majority | No |
Money Bill (Article 110)
A bill is a Money Bill if it deals exclusively with:
- Imposition, abolition, alteration of any tax
- Borrowing of money by the government
- Custody of the Consolidated Fund or Contingency Fund
- Appropriation of money from the Consolidated Fund
- Any matter incidental to the above
The Speaker certifies whether a bill is a Money Bill. This decision is final and cannot be questioned in any court.
Special Procedures
Joint Sitting (Article 108)
Called by the President when there is a deadlock between the two Houses on an Ordinary Bill. Presided over by the Speaker of Lok Sabha. Decided by majority of total members present and voting.
Joint sittings held so far (3 times):
| Bill | Year |
|---|---|
| Dowry Prohibition Bill | 1961 |
| Banking Service Commission (Repeal) Bill | 1978 |
| Prevention of Terrorism Bill (POTA) | 2002 |
No joint sitting for Money Bills or Constitutional Amendment Bills.
Budget Process
| Fund | Article | Nature |
|---|---|---|
| Consolidated Fund of India | Article 266(1) | All government revenues and loans; money can only be withdrawn with Parliamentary approval |
| Contingency Fund of India | Article 267 | At the disposal of the President for unforeseen expenditure; Parliament approves subsequently |
| Public Account of India | Article 266(2) | Money received in trust (provident funds, small savings); executive can operate without Parliamentary approval |
Parliamentary Privileges (Article 105)
Collective Privileges (of the House)
- Right to publish reports, debates, and proceedings
- Right to exclude strangers from proceedings
- Right to punish members and outsiders for breach of privilege or contempt
- Right to make rules for regulating its own procedure
Individual Privileges (of Members)
- Freedom of speech in Parliament — no member is liable to any court proceeding for anything said or any vote given (Article 105(2))
- Freedom from arrest in civil cases during session and 40 days before and after session
- Exemption from jury service when Parliament is in session
Note: Parliamentary privileges are not codified (unlike in the UK). Article 105(3) says Parliament may by law define its privileges — but no such law has been enacted.
Key Parliamentary Devices
| Device | Purpose |
|---|---|
| Question Hour | First hour of every sitting; members ask questions to ministers (Starred — oral answer; Unstarred — written; Short Notice — less than 10 days) |
| Zero Hour | Informal device (starts at noon); members raise matters of urgent importance without prior notice |
| Calling Attention Motion | Member calls the attention of a minister to a matter of urgent public importance |
| Adjournment Motion | Censure device to draw attention to a definite matter of urgent public importance; needs 50 members' support |
| No-Confidence Motion | Against the Council of Ministers; needs 50 members' support; if passed, government must resign |
| Cut Motions | Disapproval of demands for grants — Disapproval of Policy Cut, Economy Cut, Token Cut |
Lok Sabha vs. Rajya Sabha: Powers Compared
| Matter | Lok Sabha | Rajya Sabha |
|---|---|---|
| Money Bills | Exclusive power to introduce and pass | Can only suggest amendments within 14 days |
| No-Confidence Motion | Only Lok Sabha can pass | Cannot pass |
| Budget and Demands for Grants | Exclusive to Lok Sabha | Discussed but cannot vote on Demands |
| Joint Sitting | Lok Sabha prevails (larger numbers) | Minority position |
| Creating All-India Services | — | Special power under Article 312 (by 2/3rd majority) |
| State emergency (Article 356) | — | Can approve when Lok Sabha is dissolved |
Important Articles at a Glance
| Article | Subject |
|---|---|
| 79 | Constitution of Parliament |
| 80 | Composition of Rajya Sabha |
| 81 | Composition of Lok Sabha |
| 83 | Duration of Houses |
| 85 | Sessions, prorogation, dissolution |
| 100 | Voting, quorum |
| 105 | Powers, privileges of Houses and members |
| 108 | Joint sitting |
| 109 | Special procedure for Money Bills |
| 110 | Definition of Money Bills |
| 112 | Annual Financial Statement (Budget) |
| 123 | Ordinance-making power of President |
Important for UPSC
Prelims Focus
- Maximum strength of Lok Sabha (550 after 104th Amendment) and Rajya Sabha (250)
- Minimum age for Lok Sabha (25) vs. Rajya Sabha (30)
- Money Bill — Article 110; Speaker certifies; Rajya Sabha has 14 days
- Joint sitting — Article 108; 3 instances; not for Money/Amendment Bills
- Three funds — Consolidated (Art 266), Contingency (Art 267), Public Account (Art 266)
Mains GS-2 Dimensions
- Is Rajya Sabha a redundant House or an essential check?
- Declining number of Parliamentary sittings — impact on legislative scrutiny
- Misuse of Money Bill route to bypass Rajya Sabha (e.g., Aadhaar Act)
- Role of Parliamentary Committees in ensuring executive accountability
- Should Anti-defection law be reformed? (Tenth Schedule)
Interview Angles
- "Should India shift to a directly elected upper house?"
- "How can Parliamentary productivity be improved?"
- "Is the ordinance-making power misused?"
Previous Year Questions (PYQs)
Prelims
Q. With reference to Finance Bill and Money Bill in the Indian Parliament, consider the following statements: 1. When the Lok Sabha transmits Finance Bill to the Rajya Sabha, it can amend or reject the Bill. 2. When the Lok Sabha transmits Money Bill to the Rajya Sabha, it cannot amend or reject the Bill, it can only make recommendations. 3. In the case of disagreement between the Lok Sabha and the Rajya Sabha, there is no joint sitting for Money Bill, but a joint sitting becomes necessary for Finance Bill. How many of the above statements are correct? (CSE Prelims 2023) (a) Only one (b) Only two (c) All three (d) None Answer: (b) — Statement 1 is incorrect (Rajya Sabha can amend or reject a Finance Bill, unlike a Money Bill). Statements 2 and 3 are correct.
Q. Consider the following statements: 1. The Rajya Sabha has no power either to reject or to amend a Money Bill. 2. The Rajya Sabha cannot vote on the Demands for Grants. 3. The Rajya Sabha cannot discuss the Annual Financial Statement. Which of the statements given above is/are correct? (CSE Prelims 2015) (a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: (b) — Rajya Sabha cannot reject/amend a Money Bill and cannot vote on Demands for Grants. However, it can discuss the Annual Financial Statement (Budget).
Q. The Parliament of India exercises control over the functions of the Council of Ministers through: 1. Adjournment motion 2. Question hour 3. Supplementary questions. Select the correct answer using the code given below: (CSE Prelims 2017) (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: (d) — All three are parliamentary devices to hold the Council of Ministers accountable: adjournment motions draw attention to urgent matters, question hour enables direct questioning of ministers, and supplementary questions allow follow-up probing.
Mains
Q. Rajya Sabha has been transformed from a 'useless stepney tyre' to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (CSE Mains 2020, GS Paper 2, 15 marks)
Q. How far have the financial committees helped in the institutionalisation of the Indian Parliament? Explain. (CSE Mains 2018, GS Paper 2, 15 marks)
Current Affairs Connect
Link these static concepts with live developments:
| Topic | Where to Follow | Why It Matters |
|---|---|---|
| Parliament sessions & Bills passed | Ujiyari — Polity News | Track every session — Bills introduced, passed, ordinances replaced |
| Money Bill controversies | Ujiyari — Editorials | Aadhaar Act passed as Money Bill — SC upheld with dissent; recurring exam theme |
| Anti-defection & floor tests | Ujiyari — Daily Updates | State-level political crises test your 10th Schedule knowledge |
Exam tip: During every Parliament session, note how many Bills were passed and whether any were referred to committees. Read Ujiyari session summaries — this is a direct Prelims + Mains source.
Sources: Lok Sabha — india.gov.in, Rajya Sabha — india.gov.in, Digital Sansad, PRS India