constitution of india

Constitutional Provisions Relating to Parliament | Articles 79–90

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constitution of india

CONSTITUTIONAL PROVISIONS RELATING TO PARLIAMENT

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CONSTITUTION OF INDIA EXPLAINED

The Constitution of India forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:


PART V: PARLIAMENT

Constitution of Parliament      Article 79

  • Parliament consists of
    • The President
    • House of People
    • Council of States

Composition of Council of States      Article 80

  • Council of States shall consist of
    • 12 members to be nominated by President
    • maximum of 238 members representing States and UTs
  • Allocation of seats in Rajya Sabha to States and UTs
    • is specified in the Fourth Schedule

Requirement for nomination:

  • Special knowledge or practical experience in
    • Literature
    • Science
    • Art
    • Social service
  • Representatives of a State in Rajya Sabha are to be elected
    • by elected members of Legislative Assembly
  • Representatives of UTs
    • are to be chosen as per law made by Parliament

Composition of Lok Sabha      Article 81

  • Lok Sabha shall consist of
    • not more than 530 members chosen by direct election
      • from territorial constituencies in States
    • not more than 20 members to represent UTs
  • Number of seats to be allocated to each State
    • is to be in proportion to its population
  • Ratio between number of seats and population of the State
    • should be the same for all States
  • Population here is
    • as determined by 1971 census
  • Each State is to be divided
    • into territorial constituencies
  • Each constituency
    • is to have practically the same population
  • Population here is
    • as determined by 2001 census

Readjustment after each census      Article 82

  • Allocation of seats to States and
  • division of each State into territorial constituencies
    • is to be readjusted after every census
    • by an authority determined by Parliament [Delimitation Commission]
  • No readjustment is now required
    • till the first census taken after 2026

Duration of Houses      Article 83

Council of States:

  • Not subject to dissolution
  • 1/3rd of its members shall retire every second year

House of People:

  • Normal term: 5 years
  • Expiration of 5 years shall operate as dissolution
  • Can be dissolved sooner than 5 years
  • During Emergency: term may be extended by Parliament by 1 year at a time

Extension of Lok Sabha term

  • Term of 5th Lok Sabha was extended
    • by 1 year, from March 1976 to March 1977
    • by House of People (Extension of Duration) Act, 1976

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Qualification for members      Article 84

  • Should be a citizen of India
  • Should make an oath before Election Commission
  • Should not be less than 30 years for RS and 25 years for LS
  • Should possess other qualifications as prescribed by Parliament

Sessions of Parliament      Article 85

  • President to summon Houses from time to time
  • 6 months shall not intervene
    • between the last and first sittings of two sessions
  • President to prorogue Houses from time to time
  • President may dissolve Lok Sabha

Right to address and send messages to Houses      Article 86

  • President has the right
    • to address either House of Parliament
  • President has the right
    • to send messages to either House, relating to a pending bill, or otherwise

Special address by President      Article 87

  • President shall address
    • both Houses assembled together
    • at the start of
      • first session after each general election to LS
      • first session of each calendar year

Rights of Ministers      Article 88

  • Every Minister has the right
    • to speak in and take part in proceedings of either House
    • but not entitled to vote
  • Attorney General of India
    • also has similar right

Officers of Council of States      Article 89

  • Chairman:
    • Vice-President of India, ex-officio
  • Deputy Chairman:
    • to be chosen by the Council from amongst its members

Removal of Dy. Chairman      Article 90

  • Chairman to vacate his office
    • if he ceases to be a member of the Council
  • Removal
    • by a resolution of the Council
    • by a majority of all the then members of the Council
  • 14 days notice to be given
    • to move the resolution

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