Article 79 Constitution of Parliament

British Model

- Parliament

- House of People

- Council of States

Article 80 Composition of Council of States

- 1st Session - 31st May 1952

- 250 Members

- 238 (South Africa Model) State + UTs

-12 (Irish Model) Literature, Science, Social Services)

Article 81 Composition of House of People

1st Session - 17th April 1952

Members 550 -> Now 543

- 530 States

- 20 Union Territories

Earlier there were 552 members

2 for Anglo Indians 104th Amendment

- Indian and British descent mix ancestry

- All India Anglo Association

- 2nd August, World Anglo Indian day

Article 82 Readjustment after each census

Article 83 Duration of Houses

(1) Council of States 250 (1/3) 2 Parliament can extend through simple majority.

(2) House of people, 5

In case of Emergency

- 1 Year extension

- Election within 6 months

- 5+1+1/2

Article 84 Qualifications for membership of houses

(a) Citizen + EC oath

(b) Council of State 30, House of People 25

Article 85 Sessions of Parliament, Prorogation and Dissolution

Summon - Calling

Prorogation - Discounting a session without dissolution

President - Dissolution - Final

Maximum Duration between 2 meetings - 6 months

Article 86 Right of President to address and send member to the houses

Article 87 Special Addresses by the President

- One every year, any time

Article 88 Rights of Ministers and Attorney General in respects Houses Every Minister and the Attorney General of India shall have the right to speak in, and otherwise to take part in the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote Officers of Parliament

Article 89 Chairman and Deputy Chairman of Council of States

Article 90 Vacation and resignation of and removal from the office of Deputy Chairman

Vacation -> Dy Chairman ceases to be member

Resignation -> Dy Chairman to President

Removal -> 1. Resolution by 15%, 2. 14 day Notice, 3. Simple Majority

Article 91 Power of Deputy Chairman or other person to perform functions of the office of or to act as Chairman.

- Duties of Chairman by Deputy Chairman

- Absence of Deputy Chairman - MP

Article 92 Chairman and Deputy Chairman not to preside while a resolution for his removal from office is under Construction

Article 93 Speaker and Deputy Speaker of House of People

Article 94 Vacation and resignation of and removal from the office of Deputy Chairman

Vacation -> Ceases to be member

Resignation -> Speaker <-> Deputy Speaker

Removal ->

1. Resolution by 15%

2. 14 day Notice

3. Simple Majority

Article 95 Powers of Deputy Speaker or other person to perform functions of the office or to act as speaker.

If speaker is not there Deputy Speaker

If Speaker and Deputy Speaker is not there MP

Article 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

Article 97 Salaries and allowances of Chairman, Deputy Chairman, Speaker and Deputy Speaker

Article 98 Secretariat of Parliament

Article 99 Oath P-III

Article 100 Voting in Houses

Power of houses to act notwithstanding vacancies and quorum

- Casting vote only if draw

- Quorum 1/10

- Adjourning if no quorum

Article 101 Vacation of Seats

Only 1 house

Article 102 Disqualification of Membership

(i) Office of Profit

(ii) Unsound Mind

(iii) Insolvent

(iv) If not Citizen of India

(v) Disqualified by Parliament

(vi) Defection 10th Schedule

Article 103 Decision on questions as to Disqualification

Article 104 Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified

Rs. 500/- per day to Consolidated fund of India

Article 105 Powers, privileges, etc of the Houses of Parliament and of the members and committees thereof

- British system

(1) Freedom of speech and expression (except defamation)

(2) Vote cannot be questioned

(3) Right to Speak

Article 106 Salaries and Allowances of Members