Parliament of India: Rajya Sabha, Lok Sabha and Articles 79-106

Article 79 - Constitution of Parliament

Parliament for the Union consists of the President of India and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Article 80 - Composition of the Council of States (Rajya Sabha)

• The Constitution permits a maximum strength of 250.
• 12 members are nominated by the President from persons having special knowledge or practical experience in literature, science, art and social service.
• Not more than 238 representatives may represent the States and Union territories.
• State representatives are elected by the elected members of the State Legislative Assemblies by proportional representation through the single transferable vote.
• Seat allocation is governed by the Fourth Schedule to the Constitution.

Rajya Sabha is the Upper House and is a continuing chamber; it is not dissolved as a body.

Article 81 - Composition of the House of the People (Lok Sabha)

• Not more than 530 members may be chosen by direct election from territorial constituencies in the States.
• Not more than 20 members may represent Union territories in the manner provided by Parliament by law.
• The present elected strength of Lok Sabha is 543 seats.

Article 82 - Readjustment after each Census

After completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies are to be readjusted by such authority and in such manner as Parliament determines by law, subject to the constitutional provisions governing the timing of readjustment.

Article 83 - Duration of Houses of Parliament

Rajya Sabha

Rajya Sabha is not subject to dissolution. As nearly as possible, one-third of its members retire every second year. The ordinary term of an elected Rajya Sabha member is six years under parliamentary law.

Lok Sabha

Unless sooner dissolved, Lok Sabha continues for five years from the date appointed for its first meeting.

While a Proclamation of Emergency is in operation, Parliament may by law extend the Lok Sabha term for a period not exceeding one year at a time, but not beyond six months after the Emergency ceases.

Article 84 - Qualifications for Membership of Parliament

• The person must be a citizen of India.
• The person must make and subscribe the prescribed oath or affirmation before a person authorised by the Election Commission.
• Minimum age: 30 years for Rajya Sabha and 25 years for Lok Sabha.
• The person must possess any other qualifications prescribed by Parliament by law.

Article 85 - Sessions, Prorogation and Dissolution

• The President summons each House of Parliament.
• Not more than six months may intervene between the last sitting of one session and the first sitting of the next session.
• The President may prorogue either House or both Houses.
• The President may dissolve the Lok Sabha.

Summoning calls a House to meet; prorogation ends a session; dissolution ends the life of the Lok Sabha.

Articles 86-88 - President, Ministers and Attorney-General

Article 86 - President's right to address and send messages

The President may address either House or both Houses assembled together and may send messages to either House regarding pending Bills or other matters.

Article 87 - Special Address by the President

The President addresses both Houses assembled together at the commencement of the first session after each general election to the Lok Sabha and at the commencement of the first session of each year.

Article 88 - Rights of Ministers and Attorney-General

Every Minister and the Attorney-General of India may speak in and otherwise participate in the proceedings of either House, a joint sitting, and relevant parliamentary committees, but Article 88 does not by itself confer a right to vote.

Articles 89-92 - Chairman and Deputy Chairman of Rajya Sabha

Article 89

The Vice-President of India is the ex-officio Chairman of Rajya Sabha. Rajya Sabha chooses one of its members as Deputy Chairman.

Article 90

• The Deputy Chairman vacates office on ceasing to be a member of Rajya Sabha.
• The Deputy Chairman may resign by writing addressed to the Chairman.
• The Deputy Chairman may be removed by a resolution of Rajya Sabha passed by a majority of all the then members of the Council.
• At least 14 days' notice is required before such a removal resolution is moved.

Article 91

The Deputy Chairman, or another person as constitutionally provided, performs the duties of the Chairman when required.

Article 92

The Chairman or Deputy Chairman does not preside while a resolution for his removal from office is under consideration.

Articles 93-98 - Speaker, Deputy Speaker and Parliamentary Secretariat

Article 93

Lok Sabha chooses two of its members to be the Speaker and Deputy Speaker.

Article 94

• The Speaker or Deputy Speaker vacates office on ceasing to be a member of Lok Sabha.
• The Speaker resigns to the Deputy Speaker; the Deputy Speaker resigns to the Speaker.
• Either may be removed by a resolution passed by a majority of all the then members of Lok Sabha.
• At least 14 days' notice is required.
• After dissolution of Lok Sabha, the Speaker continues until immediately before the first meeting of the newly constituted House.

Article 95

The Deputy Speaker, or another person as provided by the Constitution and House rules, performs the Speaker's duties when the office is vacant or the Speaker is absent.

Article 96

The Speaker or Deputy Speaker does not preside while a resolution for his removal is under consideration.

Article 97

Deals with salaries and allowances of the Chairman, Deputy Chairman, Speaker and Deputy Speaker.

Article 98

Provides for a separate secretarial staff for each House of Parliament, subject to parliamentary law.

Articles 99-100 - Oath, Voting and Quorum

Article 99 - Oath or Affirmation

A member must make and subscribe an oath or affirmation according to the form set out in the Third Schedule before taking a seat in the House.

Article 100 - Voting and Quorum

• Questions are ordinarily decided by a majority of members present and voting.
• The presiding officer does not ordinarily vote in the first instance but has a casting vote in case of equality of votes.
• The quorum is one-tenth of the total number of members of the House, unless Parliament otherwise provides by law.
• If there is no quorum, the presiding officer must adjourn the House or suspend the meeting until quorum is present.

Articles 101-104 - Vacation of Seats, Disqualification and Penalty

Article 101 - Vacation of Seats

Article 101 regulates situations including dual membership, resignation, disqualification and prolonged absence without permission. A person cannot simultaneously be a member of both Houses of Parliament.

Article 102 - Disqualifications for Membership

• Holding an office of profit under the Union or a State, except an office exempted by law.
• Being of unsound mind and so declared by a competent court.
• Being an undischarged insolvent.
• Not being a citizen of India, voluntarily acquiring foreign citizenship, or acknowledging allegiance or adherence to a foreign State.
• Being disqualified by or under a law made by Parliament.
• Disqualification under the Tenth Schedule on the ground of defection.

Article 103 - Decision on Questions of Disqualification

Where a question arises as to whether a member has become subject to a disqualification under Article 102(1), the matter is decided by the President, who acts according to the constitutional process involving the Election Commission's opinion.

Article 104 - Penalty for Sitting and Voting Unlawfully

A person who sits or votes in Parliament before taking the required oath, or when knowingly not qualified or disqualified, is liable to a constitutional penalty of ₹500 for each day, recoverable as a debt due to the Union.

Articles 105-106 - Parliamentary Privileges and Members' Salaries

Article 105 - Powers, Privileges and Immunities

• Subject to the Constitution and parliamentary rules and standing orders, there is freedom of speech in Parliament.
• No member is liable to proceedings in any court in respect of anything said or any vote given in Parliament or a committee of Parliament.
• Constitutional protection also applies to authorised publication of parliamentary reports, papers, votes or proceedings as provided by Article 105.

Article 106 - Salaries and Allowances of Members

Members of either House are entitled to salaries and allowances as Parliament may determine by law.

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