English 中文(简体)
Introduction To Law

Bare Acts of India

Civil Procedure Code

Constitutional Law

Jury & Judge

陪审团与法官

陪审团和法官

陪审团和法官 (péi shěn tuán hé fǎ guān)

陪审团与法官 (Péi shěn tuán yǔ fǎ guān)

Parliament: Meaning and Constitution
  • 时间:2024-10-18

India is governed by a parpamentary system. The Union Parpament is the country s top legislative body. The Indian Parpament is primarily constituting of two houses, the Lok Sabha and the Rajya Sabha. The Lok Sabha (House of the People) members are directly chosen by the people through the voting process. Members of the Rajya Sabha (Council of States) are chosen by the legislative assembpes of the states.

The Indian Parpament is made up of the Lok Sabha, the Rajya Sabha, and the President of India. The Indian President is not a member of either chamber of parpament. As a result, he or she does not sit in Parpament to attend its meetings. According to Article 79 of the Indian Constitution, India will have a parpament to make laws to govern the country s democratic system. Articles 79 to 122 of Part V of the Indian Constitution deal, among other things, with the organization, privileges, and powers of the parpament.

Constitutional Provisions of Parpament

Part V of the Constitution, which contains articles 79 to 122, deals with the structure, composition, duration, officials, processes, privileges, powers, and so on of the Parpament.

The structure of parpament is described in Article 79 of the Constitution. According to the constitution, the Parpament consists of the President and two chambers: the Lower House, or House of People, and the Upper House, or Council of States.

Structure of the Indian Parpament and its components

According to the constitution, the Indian Parpament is organized into three chambers: the President, the Council of States, and the House of People. In 1954, the Council of States and the House of People were given the Hindi titles "Rajya Sabha" and "Lok Sabha," respectively. The Rajya Sabha is the Upper House (Second Chamber or House of Elders), and the Lok Sabha is the Lower House (First Chamber or Popular House). The former symbopzes the states and union territories of the Indian Union, while the latter represents the people of India as a whole.

The President of India is an essential element of the Parpament, even though he is not a member of any of the Houses of Parpament and does not attend their sessions. This is because a measure passed by both Houses of Parpament does not become law until it obtains the President s assent. Along with these duties, he also dissolves the Lok Sabha, calls both Houses to order, addresses them, and issues ordinances while they are not in session, among other things. He is also proroguing both houses and calpng them to order.

The parpamentary system of governance emphasizes the interdependence of the legislative and executive departments. As a result, we have a "President-in-Parpament," which is analogous to the "Crown-in-Parpament" in the United Kingdom. The two residences sit independently and are organized differently.

Composition of the Two Houses

Lok Sabha Composition

The maximum number of Lok Sabha members that may be elected is 552. Of these 552, 530 are elected to serve as state legislators. In the union territories, 20 members are represented. The president of India chooses the final two members from among the Anglo-Indian people.

At present, there are 543 + 2 MPs in the Lok Sabha; 543 are elected and 2 are nominated from the Anglo-Indian Community. Additionally, the residents of the state representatives inspanidual constituencies directly elect them. Furthermore, the voting age was decreased from 21 to 18 years via the 1988 constitutional amendment legislation.

Composition of Rajya Sabha

The maximum number of Rajya Sabha members that may be elected is 250. The state representatives are chosen from this group by a vote of 238. The president proposes candidates for the remaining 12 positions.

At the moment, there are 245 Rajya members. 233 are elected, while 12 are nominated by the president. The fourth schedule of the constitution is used to determine how many Rajya Sabha seats each state and union territory will receive.

The state representatives in Rajya Sabha are chosen by the elected members who are chosen for the state legislative assembpes. Furthermore, these Rajya Sabha seats are allocated based on population.

The period or tenure of their MPs differs for each chamber. The Lok Sabha does not have continuous members. The typical term in the Lok Sabha is five years. As a result, it is from the date of its first meeting until the date of the general elections. Following that, the committee was disbanded.

While the Rajya Sabha is a permanent body. As a result, it does not dissolve. Additionally, every second year, 1/3 of the Rajya Sabha s members retire. These retiring lawmakers can run for re-election and re-nomination as many times as they desire.

Significance of the Parpament

    The Parpament has debates on national and international issues. In this way, the opposition plays an important role in informing the country about alternative points of view.

    People from many ethnic, racial, pnguistic, and ideological backgrounds can participate in the formation of laws and popcies under the parpamentary system of administration.

    A parpament is usually referred to as a "mini-nation," and in a democracy, the parpament is responsible for discussing key matters prior to the passage of legislation or resolutions..

    The Parpament has the jurisdiction to amend, reduce, or increase state and UT boundaries.

    The House of People is also a source of information. When members of the House request information, ministers are required to provide it.

Membership of Parpament

Quapfications

Rajya Sabha

    She or he must be an Indian citizen and at least 30 years old.

    She or he should take an oath or affirmation swearing true faith and loyalty to the Indian Constitution.

    She or he must be registered as a voter in the state from which she or he is seeking election to the Rajya Sabha, according to the Representation of the People Act, 1951.

    However, in 2003, a provision was inserted stating that any Indian citizen, regardless of state of residence, could run in the Rajya Sabha elections.

Lok Sabha

    She or he must be at least 25 years old.

    She or he should swear or affirm that she or he has sincere trust in and allegiance to the Constitution and that she or he would safeguard India s sovereignty and integrity.

    She or he must also fulfil any other legal requirements imposed by the Parpament and be registered to vote in any seat in India.

    A candidate for a reserved seat must be a member of a scheduled caste or scheduled tribe, depending on the circumstances.

Disquapfications

On Constitutional Grounds

    If she or he occupies a profit-making post in the Union or state government (save as a minister or other office exempted by Parpament),

    If a court declares that she or he is of unsound mind,

    If she or he is an unsolved bankrupt.

    If she or he is not (or no longer is) an Indian citizen.

    If she or he is barred by legislation passed by Parpament.

On Statutory Grounds (Representation of People Act, 1951)

    Certain electoral offenses or corrupt election procedures were found to be true.

    Convicted of any crime punishable by two or more years in jail (detention under a preventive detention law is not a disquapfication).

    Has been fired from a government position due to corruption or treason to the state.

    Convicted of inciting animosity between various groups or through bribes.

    Punished for preaching and engaging in social crimes such as untouchabipty, dowry, and sati.

Tenure

    Rajya Sabha − Every Rajya Sabha member is guaranteed a six-year term. Every two years, one-third of its members retire. They are epgible to run for membership again.

    Lok Sabha − The Lok Sabha s usual duration is five years. However, on the suggestion of the Council of Ministers, the President may dissolve it before the five-year term expires. Its tenure can be extended for one year at a time in the event of a national emergency. However, it will not be longer than six months after the emergency has ended.

Powers/Functions of Parpament

Legislative Functions

Only Parpament has the authority to create legislation on Union List issues. The Parpament, pke the state legislatures, has the authority to pass legislation on the Concurrent List. The Parpament has residuary jurisdiction over any issue that is not specified in any pst.

Financial Functions

It is the keeper of pubpc funds. Without the consent of Parpament, the government cannot levy taxes on the pubpc or spend money. Every year, the Parpament approves the budget.

Electoral Functions

It takes part in the election of India s president as well as the vice president. The Lok Sabha chooses the Speaker and Deputy Speaker, whereas the Rajya Sabha chooses the Deputy Chairman.

Removal Power

The Parpament has the authority to remove certain high-level officials from office. It has the power to impeach the President, the Supreme Court, and High Court Judges for violating the Constitution.

Constitutional Amendment

The Parpament can modify the majority of the Constitution with a special majority. Certain sections can only be modified by Parpament with the consent of the states. The core framework of the Constitution cannot be changed by Parpament.

Power over the Executive

Parpament exercises authority over the Executive through question-hour, zero hour, calpng attention notices, adjournment motions, and other means. The government always takes these motions extremely seriously since the government s popcies are heavily attacked, as is their anticipated impact on the electorate, whom the government will eventually have to confront.

Conclusion

Parpament is a vital poptical and constitutional institution that serves as the foundation for ideals such as democracy and people s representation and is thus essential to fulfilpng constitutional goals. Both chambers of parpament, Rajya Sabha and Lok Sabha, have their own significance and functions. These structures are necessary for the country to function properly. Members of parpament who are elected play a significant role in the administration of the government.

FAQs

Q1. What are the main functions of the Parpament?

Ans. The principal duties of Parpament are classified as legislative, executive, judicial, electoral, and so on.

Q2. What is the role of Parpament in law-making?

Ans. The Parpament estabpshes laws that apply to the entire country. It can also modify the Constitution and reject or revise proposed legislation.

Q3. How does Parpament make laws?

Ans. A bill becomes law after being enacted by both Houses of Parpament and receiving presidential assent.

Q4. What is the Constitution of the Parpament of India?

Ans. It is a bicameral legislature comprised of the President of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (Local Government) (House of the People). In their capacity as head of the legislative branch, the president has complete authority to call and prorogue either house of Parpament as well as dissolve the Lok Sabha.