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Parliament of India
5.1 Structure of Parliament
India's Parliament (Article 79) is bicameral — Rajya Sabha (upper house) + Lok Sabha (lower house) + the President.
Rajya Sabha (Council of States):
| Feature | Details |
|---|---|
| Permanent house? | Yes — cannot be dissolved |
| Total strength | Maximum 250 (238 elected + 12 nominated) |
| Currently | 245 members |
| Term of members | 6 years; 1/3 retire every 2 years |
| Nominated by President | 12 members — for eminence in arts, science, literature, social service |
| Minimum age | 30 years |
| Chairman | VP of India (ex-officio) |
| Deputy Chairman | Elected by Rajya Sabha from among its members |
| Special powers | Art 249 (state list legislation), Art 312 (All India Services), Permanent house |
Lok Sabha (House of the People):
| Feature | Details |
|---|---|
| Permanent house? | No — can be dissolved by President on PM's advice |
| Total strength | Maximum 552 (530 states + 20 UTs + 2 Anglo-Indian — Anglo-Indian nomination removed by 104th Amendment) |
| Current elected strength | 543 |
| Term | 5 years (extendable during National Emergency by 1 year at a time) |
| Minimum age | 25 years |
| Speaker | Elected by Lok Sabha from among its members |
| Deputy Speaker | Elected by Lok Sabha from among its members |
| Special powers | Money Bills, no-confidence motion |
5.2 Types of Bills
| Bill Type | Definition | Procedure | Rajya Sabha's Role |
|---|---|---|---|
| Ordinary Bill | Non-money, non-constitutional | Both Houses; joint sitting if deadlocked (Art 108) | Equal powers — can reject/amend |
| Money Bill (Art 110) | Tax, expenditure, borrowing bills certified by Speaker | Only in Lok Sabha first | Can recommend (not amend); 14-day limit |
| Financial Bill (Part I) | Contains money bill provisions + other matters | Lok Sabha first; President's recommendation | Can reject or amend |
| Financial Bill (Part II) | Involves expenditure from Consolidated Fund | Either House; President's recommendation | Equal powers |
| Constitution Amendment Bill (Art 368) | Amends the Constitution | Either House; special majority | Equal powers with Lok Sabha; no joint sitting |
| Private Member Bill | Introduced by non-minister MPs | Rarely passed; last PM Bill passed 1970 | Both Houses |
5.3 Special Money Bill Controversy — Aadhaar Case
The Speaker certified the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 as a Money Bill, allowing it to bypass Rajya Sabha.
The Supreme Court in Rojer Mathew v. South Indian Bank (2019) and Justice K.S. Puttaswamy (Aadhaar) (2019) held that the Speaker's certification is not absolutely immune from judicial review and referred the question to a 7-judge bench (pending). Justice Chandrachud in his dissent held the Speaker had wrongly certified the Aadhaar Bill as a Money Bill.
5.4 Parliamentary Procedures and Devices
Legislative Procedure:
- Introduction — First Reading (title only; no debate)
- Second Reading — General discussion + clause-by-clause consideration; bill may be referred to Select Committee / Joint Committee / circulated for public opinion
- Third Reading — Final vote; no amendments (only verbal/consequential)
- Assent — Presidential assent / withholding / return for reconsideration
Devices for Executive Accountability:
| Device | Nature | Details |
|---|---|---|
| Question Hour | First hour of every sitting | Starred (oral reply + supplementaries), Unstarred (written reply), Short Notice |
| Zero Hour | After Question Hour | No advance notice; matters of urgent public importance; not in Rules of Procedure |
| Calling Attention Motion | During any time of session | Member calls minister's attention to a matter of urgent public importance |
| Adjournment Motion | Rare; admits a definite matter of urgent public importance | Displaces day's business; implies censure on govt if passed |
| No-Confidence Motion (NCM) | Only in Lok Sabha | If passed, entire govt must resign; last passed 1999 (Vajpayee govt fell by 1 vote) |
| Censure Motion | Against a specific minister | Does not require resignation; distinguishable from NCM |
| Cut Motion | Against Demands for Grants | (a) Disapproval — reduce to Re.1; (b) Economy — reduce by specific amount; (c) Token — draw attention to grievance |
| Budget discussion | General discussion (no vote); departmental demands; passing of Appropriation Bill | Takes 3–4 weeks typically |
5.5 Parliamentary Sessions
The Constitution does not fix the number of sessions but mandates that Parliament must meet at least twice a year and the gap between sessions must not exceed 6 months (Article 85). Conventionally, Parliament meets in three sessions:
- Budget Session (February–May) — longest; Union Budget presented on 1 February
- Monsoon Session (July–August)
- Winter Session (November–December)
Parliamentary Dissolution vs. Prorogation vs. Adjournment
- Dissolution — ends Lok Sabha; all pending business lapses (except impeachment, joint sitting business)
- Prorogation — ends a session; pending business lapses (except Select Committee reports, bills passed by one House)
- Adjournment — ends a sitting within a session; pending business is NOT lost
5.6 Women's Reservation Act — 106th Amendment 2023
The Constitution (106th Amendment) Act 2023 (passed September 2023):
- Reserves one-third (33%) of seats in Lok Sabha, state legislative assemblies, and the Legislative Assembly of Delhi for women
- Reservations to be allocated through rotation among constituencies after each delimitation
- Commencement linked to the first census conducted after the Act comes into force (Census has not yet taken place as of 2026 — census delayed from 2021 due to COVID)
- Inserted as Article 330A (for Lok Sabha) and Article 332A (for state assemblies)