India: Parliament, the Lok Sabha, the Rajya Sabha and the Speaker

1. Parliament

Parliament consists of the President and two Houses, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha) (Art. 79). The President is part of Parliament because no bill becomes law without assent, though the President does not sit in either House.

2. The Lok Sabha: composition and selection

• Strength (Art. 81): at most 530 members from the States and 20 from the Union Territories, chosen by direct election. The present House has 543 elected seats. The nomination of two Anglo-Indian members (old Art. 331) ended in January 2020 under the 104th Amendment.
• Method: single-member territorial constituencies, first-past-the-post, universal adult suffrage at 18 (61st Amendment, 1988).
• Reserved seats for Scheduled Castes and Scheduled Tribes (Art. 330). The 106th Amendment (2023) provides for one-third of seats for women, to take effect after the delimitation that follows the first census after its commencement.
• Seat allocation among States is frozen on the 1971 census until the first census after 2026.
• Qualifications (Art. 84): citizen, at least 25 years of age.
• Tenure (Art. 83(2)): five years unless dissolved earlier; during a national emergency Parliament may extend it one year at a time.

3. The Rajya Sabha: composition and selection

• Strength (Art. 80): at most 250, of whom 238 represent the States and Union Territories and 12 are nominated by the President for special knowledge in literature, science, art and social service. The present strength is 245.
• Method: State representatives are elected by the elected members of the State Legislative Assembly by proportional representation by single transferable vote (Art. 80(4)). Seats are allotted by population (Fourth Schedule), so representation is unequal, unlike the US Senate.
• Qualifications: citizen, at least 30 years of age.
• Tenure: a permanent body, not subject to dissolution; one-third of members retire every second year; a member’s term is six years (Art. 83(1)).
• The Vice-President is ex officio Chairman (Art. 64); a Deputy Chairman is elected from among the members.

4. Powers and functions of Parliament

1. Legislative. Laws on the Union List and Concurrent List, and on the State List in the cases in Arts. 249–253.
2. Financial. No tax without authority of law (Art. 265); the Annual Financial Statement (Art. 112); demands for grants voted by the Lok Sabha only (Art. 113); the Appropriation and Finance Bills.
3. Control of the executive. Question Hour, Zero Hour, calling attention and adjournment motions, committees (Public Accounts, Estimates, Committee on Public Undertakings, departmentally related standing committees), and the no-confidence motion.
4. Constituent. Amendment under Art. 368, both Houses having equal power.
5. Electoral. Elected members take part in electing the President; both Houses elect the Vice-President.
6. Judicial. Impeachment of the President; removal of judges, CAG and Chief Election Commissioner; punishment for breach of privilege.
7. Deliberative. Debate on policy and the approval of emergency proclamations.

5. Relations between the two Houses

Joint sittings have been held three times: on the Dowry Prohibition Bill (1961), the Banking Service Commission (Repeal) Bill (1978) and the Prevention of Terrorism Bill (2002). The Rajya Sabha is therefore weaker than the Lok Sabha but much stronger than the House of Lords: it has an equal voice in ordinary law and amendment, and represents the States.

6. The Speaker of the Lok Sabha

Election and tenure. Elected by the Lok Sabha from among its members (Art. 93). Holds office until ceasing to be a member, resignation, or removal by a resolution passed by a majority of all the then members after 14 days’ notice (Art. 94); does not preside while a removal resolution is under consideration but may speak and vote on it (Art. 96). On dissolution the Speaker continues until just before the new House first meets. A Deputy Speaker is elected similarly.

Powers and functions.

• Presides, maintains order, interprets the Rules of Procedure; may adjourn or suspend the House for want of quorum.
• Casting vote only in a tie (Art. 100).
• Certifies whether a bill is a money bill; the decision is final (Art. 110(3)).
• Presides over a joint sitting (Art. 118(4)).
• Appoints committee chairs and is ex officio chair of the Business Advisory Committee, Rules Committee and General Purposes Committee.
• Decides questions of disqualification for defection under the Tenth Schedule; in Kihoto Hollohan v. Zachillhu, 1991 INSC 287, the Supreme Court upheld the Schedule but held the Speaker’s decision open to judicial review.
• Guardian of the privileges of the House and of members.

Role. The Indian Speaker is modelled on the Westminster Speaker, but does not give up party membership and usually seeks re-election on a party ticket. Impartiality therefore rests on the individual and on convention. Nehru described the Speaker as the symbol of the freedom and liberty of the House.

How this is examined

For the essay on the Lok Sabha and Rajya Sabha (January 2026, Q.5), treat each House under composition, selection and tenure, then give the common powers and the table of relations. For the Council of States as a short note (February 2025), give composition, election by STV, permanence and the special powers. The Speaker is a frequent short note; the Tenth Schedule point with Kihoto Hollohan is where good answers stand out.