Parliament of India, as per constitution supreme legislative, that constitutional principles that form bedrock of the nation.

What is the parliament as per Indian Constitution?

Introduction –

The Parliament of India, as enshrined in the Indian Constitution, stands as the supreme legislative authority, embodying the democratic spirit and constitutional principles that form the bedrock of the nation. Established to represent the diverse voices of the Indian populace, the Parliament is a bicameral institution comprising the Lok Sabha and the Rajya Sabha, each with distinct roles and responsibilities.

The Constitution delineates the powers, functions, and composition of the Parliament, reflecting a delicate balance between federalism and unity. The Parliament plays a pivotal role in lawmaking, financial oversight, and the democratic governance of the country. It serves as a forum where elected representatives deliberate, legislate, and hold the executive accountable to ensure the nation’s progress aligns with the aspirations of its people.

As a cornerstone of India’s democratic framework, the Parliament is not merely a legislative body; it is a reflection of the nation’s rich diversity, upholding the values of equality, justice, and liberty. This introduction captures the essence of the Parliament of India, a dynamic institution that continues to evolve in tandem with the ever-changing needs and aspirations of the Indian people.

What is the parliament as per the Indian Constitution?

The Parliament of India, as per the Indian Constitution, is the supreme legislative body in the country. It is a bicameral legislature, meaning it consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The structure and powers of the Parliament are detailed in Part V (The Union) and Part VI (The States) of the Constitution.

  1. Lok Sabha (House of the People):
    • Members: The Lok Sabha is composed of Members of Parliament (MPs) directly elected by the people through general elections and by-polls.
    • Duration: The term of the Lok Sabha is five years unless dissolved earlier.
    • Representation: The number of seats in the Lok Sabha is determined based on the population of each state and union territory. The representation is proportional to the population, and some seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
    • Powers: The Lok Sabha has significant powers, including the passage of legislation, approving the budget, and expressing confidence or no-confidence in the government.
  2. Rajya Sabha (Council of States):
    • Members: Members of the Rajya Sabha, often referred to as Rajya Sabha members or Rajya Sabha MPs, are not directly elected by the public. They are elected by the elected members of the State Legislative Assemblies, the members of the Electoral college for Union Territories, and the members of the Electoral college for graduates and teachers.
    • Duration: The Rajya Sabha is a permanent body, and its members are elected for six years, with one-third of the members retiring every two years.
    • Representation: The Rajya Sabha represents the states and union territories of India. The number of members is not fixed and can be altered by Parliament through legislation.
    • Powers: The Rajya Sabha plays a complementary role to the Lok Sabha in the legislative process. It reviews and suggests amendments to legislation initiated in the Lok Sabha, and it has special powers in certain constitutional matters.
  3. Functions of Parliament:
    • Legislation: Parliament is responsible for making laws on subjects specified in the Union List and Concurrent List.
    • Budget: The Union Budget, presented in the Lok Sabha, is a crucial function of Parliament. It includes the Annual Financial Statement, the demand for grants, and the appropriation bill.
    • Oversight: Parliament exercises control over the executive through various mechanisms, including question hour, debates, committees, and no-confidence motions.
    • Representation: Members of Parliament represent the concerns and interests of the people they serve.

The President of India is an integral part of the Parliament but is not a member. The President’s role includes the summoning and proroguing of sessions, addressing both houses, and giving assent to bills passed by Parliament before they become law. The Parliament, along with the President, forms the cornerstone of India’s democratic governance structure.

What is the formation history of parliament in India?

The formation history of the Parliament in India is closely tied to the country’s struggle for independence and the subsequent framing of its Constitution. Here is a brief overview:

  1. Pre-Independence Period:
    • Legislative Councils: The initial steps towards a representative legislative body were taken during British rule in India. The Indian Councils Act of 1861 and subsequent acts led to the establishment of legislative councils in various provinces. These councils had limited powers and were not fully representative.
    • Montagu-Chelmsford Reforms (1919): The Montagu-Chelmsford Reforms introduced a limited form of self-government in India. The Government of India Act 1919 expanded legislative councils and introduced a system of diarchy, allowing for elected members to have a say in certain matters.
    • Government of India Act (1935): The most significant pre-independence development was the Government of India Act 1935. It proposed a federal structure for India and established a bicameral federal legislature. However, the actual functioning of this legislature was short-lived due to the outbreak of World War II.
  2. Post-Independence Period:
    • Constituent Assembly: With India gaining independence in 1947, the Constituent Assembly was formed to draft the Constitution. This assembly also functioned as the interim Parliament until the new Constitution came into effect.
    • Adoption of the Constitution (1950): The Constitution of India came into effect on January 26, 1950. With this, the provisional Parliament transformed into the permanent Parliament of the Republic of India.
    • Formation of Lok Sabha and Rajya Sabha: The Parliament of India, as outlined in the Constitution, consisted of two houses: Lok Sabha (House of the People) and Rajya Sabha (Council of States). Members of the Lok Sabha were elected directly by the people, while members of the Rajya Sabha were elected by the elected members of the State Legislative Assemblies and by the members of the Electoral college for Union Territories.
    • First General Elections (1952): The first general elections in 1952 marked a historic moment, establishing India’s parliamentary democracy. Jawaharlal Nehru became the first Prime Minister of India, leading the government formed by the Indian National Congress.

Since then, the Indian Parliament has played a central role in the democratic governance of the country. It has witnessed multiple general elections, changes in government, and constitutional amendments, evolving as a dynamic institution that reflects the diverse and democratic ethos of India.

What is the Role President of India for Parliament?

The President of India plays a significant role in the functioning of the Parliament. While the President is not a member of either house of Parliament, their role is crucial in several constitutional and legislative processes. Here are the key roles and functions of the President of India concerning the Parliament:

  • Summoning and Proroguing Sessions:
    • The President has the authority to summon both Houses of Parliament (Lok Sabha and Rajya Sabha) at the beginning of each session. This is usually done through a formal notification.
    • The President also has the power to prorogue (end) a session. The session is prorogued by the President’s order, and a new session can then be summoned.
  • Dissolution of the Lok Sabha:
    • The President has the authority to dissolve the Lok Sabha, leading to the initiation of the process for general elections. However, the President can only do so on the advice of the Prime Minister.
  • Addressing Parliament:
    • The President addresses both Houses of Parliament at the beginning of the first session after each general election and at the commencement of the first session of each year. This is known as the President’s Address, and it outlines the government’s policies and priorities.
  • Assent to Bills:
    • After a bill is passed by both Houses of Parliament, it is sent to the President for assent. The President has the power to either give their assent, withhold assent, or, in the case of certain bills, seek clarifications (sending the bill back to Parliament for reconsideration).
  • Summons for Joint Sitting:
    • In the case of a deadlock between the two Houses over a non-money bill, the President can summon a joint sitting of both Houses to resolve the disagreement. The decision in the joint sitting is determined by a simple majority.
  • Appointment of the Prime Minister and Council of Ministers:
    • The President appoints the Prime Minister and, based on the advice of the Prime Minister, appoints other members of the Council of Ministers.
    • The President also has the power to dismiss the Council of Ministers if they no longer enjoy the confidence of the Lok Sabha.
  • Nomination of Members to the Rajya Sabha:
    • The President nominates 12 members to the Rajya Sabha who have special knowledge or practical experience in literature, science, art, and social service.
  • Discretionary Powers:
    • In certain situations, the President has discretionary powers, but these are exercised under specific constitutional provisions and are subject to constitutional conventions.

It’s important to note that while the President has these constitutional powers, they generally act on the advice of the Prime Minister and the Council of Ministers. The President’s role is largely ceremonial, and the real executive authority lies with the elected government.

What is the role of Upper House ( Rajya Sabha) of Parliament in India?

The Rajya Sabha, or the Council of States, is the upper house of the Parliament of India. It plays a crucial role in the Indian parliamentary system, providing representation to states and union territories and serving as a revising chamber for legislation. Here are the key roles and functions of the Rajya Sabha:

  1. Representation of States and Union Territories:
    • Members of the Rajya Sabha are not directly elected by the public. They are elected by the elected members of the State Legislative Assemblies, the members of the Electoral college for Union Territories, and the members of the Electoral college for graduates and teachers.
    • This composition ensures that the Rajya Sabha represents the states and union territories of India, contributing to federalism.
  2. Permanent House:
    • Unlike the Lok Sabha, which may be dissolved before the completion of its term, the Rajya Sabha is a permanent body. One-third of its members retire every two years, and new members are elected or appointed, ensuring continuity.
  3. Review and Revision of Legislation:
    • The Rajya Sabha acts as a revising chamber. It reviews and suggests amendments to bills initiated in the Lok Sabha. If there is a disagreement between the two houses, they may resolve it through discussions or, in some cases, a joint sitting summoned by the President.
  4. Representation of Diverse Expertise:
    • The President of India nominates members to the Rajya Sabha who have special knowledge or practical experience in literature, science, art, and social service. This provision allows for the inclusion of individuals with expertise beyond politics.
  5. Role in Federal Structure:
    • The Rajya Sabha plays a crucial role in maintaining the federal structure of the Indian Constitution. It provides a platform for states and union territories to participate in the legislative process at the national level.
  6. Special Powers in Certain Matters:
    • The Rajya Sabha has special powers in matters related to the creation or abolition of states, representation of states in Parliament, and the implementation of provisions in the Constitution relating to the All-India Services.
  7. Approval of Financial Matters:
    • While the Lok Sabha has the primary role in financial matters, the Rajya Sabha can make recommendations on money bills. However, the Lok Sabha has the final say, and its decisions prevail.
  8. Oversight and Questioning:
    • Members of the Rajya Sabha can question the government and discuss various issues through debates, motions, and questions. This oversight function ensures accountability of the executive to the legislature.
  9. Participation in Constitutional Amendments:
    • Constitutional amendments can be initiated in either house, but certain amendments require the approval of both houses, with the Rajya Sabha playing a crucial role in the amendment process.

In summary, the Rajya Sabha acts as a critical component of India’s bicameral parliamentary system, offering representation to states and union territories, reviewing legislation, and contributing to the democratic and federal character of the country.

What is the role of Lower House ( Lok Sabha) of Parliament in India?

The Lok Sabha, or the House of the People, is the lower house of the Parliament of India. It holds a central role in the legislative process and the functioning of the Indian government. Here are the key roles and functions of the Lok Sabha:

  • Directly Elected Representatives:
    • Members of the Lok Sabha, known as Members of Parliament (MPs), are directly elected by the people of India through general elections and by-polls. Each member represents a specific geographic constituency.
  • Legislation and Lawmaking:
    • The Lok Sabha has the primary responsibility for the enactment of laws. Bills can be introduced in the Lok Sabha, and after discussion, debate, and voting, they may be sent to the Rajya Sabha (upper house) for further consideration.
  • Executive Control:
    • The Lok Sabha is essential for the formation of the government. The political party or coalition that commands a majority in the Lok Sabha forms the government, and its leader becomes the Prime Minister. The government is accountable to the Lok Sabha.
  • Budget Approval:
    • The Lok Sabha plays a crucial role in financial matters, especially the approval of the Union Budget. The government presents the budget in the Lok Sabha, and it needs the approval of the house for government expenditures and taxation proposals.
  • Representation of People’s Will:
    • As the directly elected house, the Lok Sabha is seen as a direct reflection of the will and preferences of the people of India. It represents the diverse constituencies and communities across the country.
  • Questioning and Debates:
    • Members of the Lok Sabha can question the government, discuss policies, and participate in debates on various issues. Question Hour is a designated time during parliamentary sessions when members can ask questions of ministers, holding the government accountable.
  • Impeachment Proceedings:
    • The Lok Sabha has the power to initiate impeachment proceedings against the President of India. However, this requires a special majority and subsequent approval by the Rajya Sabha.
  • Constitutional Amendments:
    • While constitutional amendments can be initiated in either house, certain amendments require the approval of both houses. The Lok Sabha, along with the Rajya Sabha, participates in the process of amending the Constitution.
  • No-Confidence Motions:
    • Members of the Lok Sabha can bring a motion of no confidence against the government. If the motion is passed, it may lead to the resignation of the government and potentially trigger early elections.
  • Representation of Scheduled Castes and Scheduled Tribes:
    • The Lok Sabha ensures representation of Scheduled Castes (SCs) and Scheduled Tribes (STs) through reserved seats. The reservation is in proportion to their population.

In summary, the Lok Sabha is a critical institution in India’s parliamentary democracy, representing the voice of the people, making laws, approving the budget, and overseeing the executive branch. It forms the cornerstone of India’s democratic governance structure.

What are the important key features of Parliament of india?

The Parliament of India, as outlined in the Constitution, exhibits several key features that define its structure, functions, and role in the democratic governance of the country. Here are some important key features of the Parliament of India:

  1. Bicameral Legislature:
    • The Parliament of India is bicameral, consisting of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This bicameral structure provides for representation based on both population (Lok Sabha) and states/union territories (Rajya Sabha).
  2. Federal Structure:
    • The Parliament plays a crucial role in maintaining the federal structure of the Indian Constitution. It provides representation to states and union territories, ensuring a balanced and inclusive legislative process.
  3. Directly Elected Members:
    • Members of the Lok Sabha are directly elected by the people of India through general elections and by-polls. This ensures a direct link between the elected representatives and the electorate.
  4. Representation of States and Union Territories:
    • The Rajya Sabha represents states and union territories, with members elected by the elected members of State Legislative Assemblies, Electoral college for Union Territories, and Electoral college for graduates and teachers.
  5. Election of the President:
    • Members of both houses, along with the elected members of the Legislative Assemblies of states and union territories, participate in the election of the President of India.
  6. Financial Powers:
    • The Lok Sabha has the exclusive power to approve money bills, and it plays a primary role in the budgetary process. The Rajya Sabha can make recommendations on money bills, but the Lok Sabha has the final say.
  7. Impeachment Powers:
    • The Parliament has the power to initiate impeachment proceedings against the President, the Vice President, judges of the Supreme Court and High Courts, and the Comptroller and Auditor General.
  8. Constitutional Amendment:
    • The Parliament has the authority to amend the Constitution. Certain amendments require a special majority in both houses, while others may need ratification by a majority of states.
  9. Accountability and Oversight:
    • Members of both houses hold the government accountable through various mechanisms, including question hours, debates, motions, and discussions. The Parliament exercises oversight over the executive branch.
  10. Emergency Powers:
    • The Parliament is vested with the power to declare a state of emergency under specific circumstances. During an emergency, normal constitutional provisions may be temporarily suspended.
  11. Role in Foreign Policy:
    • The Parliament plays a role in shaping India’s foreign policy. Treaties and international agreements require parliamentary approval, and the Parliament is kept informed about significant developments in foreign relations.
  12. Secular Character:
    • The Indian Parliament operates within the framework of a secular constitution, respecting the diversity of religions and ensuring that there is no discrimination based on religion.

These features collectively define the nature and functions of the Parliament of India, reflecting the principles of democracy, federalism, and accountability in the governance structure of the country.

Critical Analysis of Parliament of India as per Indian Constitution –

A critical analysis of the Parliament of India, as per the Indian Constitution, involves an examination of its strengths, weaknesses, and the challenges it faces in fulfilling its constitutional mandate. Here are some key points for consideration:

Strengths:

  1. Democratic Representation:
    • The Parliament serves as a vital institution for democratic representation, allowing citizens to elect their representatives and participate in the decision-making process.
  2. Bicameral Structure:
    • The bicameral structure, consisting of the Lok Sabha and the Rajya Sabha, provides for a balanced representation of the population and the states/union territories, contributing to federalism.
  3. Constitutional Amendment Powers:
    • The Parliament’s authority to amend the Constitution provides a mechanism for adapting the legal framework to changing needs, ensuring the longevity and relevance of India’s constitutional system.
  4. Financial Oversight:
    • The Lok Sabha’s control over financial matters, especially the approval of the Union Budget, ensures accountability and transparency in the government’s fiscal policies.
  5. Accountability Mechanisms:
    • Various mechanisms, such as question hours, debates, motions, and discussions, enable Members of Parliament to hold the government accountable, fostering transparency and responsiveness.
  6. Emergency Powers:
    • While the provision for declaring a state of emergency is essential for addressing crises, it is designed with checks and balances to prevent its misuse.
  7. Representative of Diversity:
    • The Parliament represents the diverse demographics and cultural mosaic of India, fostering inclusivity and unity in a country with varied languages, religions, and traditions.

Weaknesses:

  1. Disruptions and Productivity:
    • Periodic disruptions and adjournments during sessions often hinder the smooth functioning of the Parliament, affecting its productivity and the timely passage of legislation.
  2. Anti-Defection Law Challenges:
    • The Anti-Defection Law, while intended to curb political defections, has faced challenges in its enforcement, with instances of lawmakers switching parties without facing disqualification.
  3. Executive Dominance:
    • The dominance of the executive branch over the legislative branch, especially in the context of the Lok Sabha, can lead to reduced effectiveness in scrutinizing government actions.
  4. Legislative Overload:
    • The volume of legislation, coupled with limited time for scrutiny, may result in the passage of bills without thorough examination, potentially leading to unintended consequences.
  5. Delayed Judicial Appointments:
    • Delays in the appointment of judges, especially to higher courts, can impact the judiciary’s effectiveness and contribute to a backlog of cases.

Challenges:

  1. Erosion of Parliamentary Norms:
    • The erosion of parliamentary norms, such as healthy debates and consensus-building, poses a challenge to the effective functioning of the Parliament.
  2. Electoral Reforms:
    • The need for electoral reforms, including issues related to campaign financing and the first-past-the-post electoral system, remains a challenge for enhancing the representativeness of the Parliament.
  3. Regional Disparities:
    • Ensuring equitable representation and addressing regional disparities in development and resource allocation present ongoing challenges.
  4. Information Overload:
    • Managing information overload and ensuring that Members of Parliament are adequately informed about complex issues can be a challenge in an era of rapid information dissemination.
  5. Socioeconomic Inclusivity:
    • Enhancing the participation of marginalized groups, such as women and minorities, in parliamentary proceedings is an ongoing challenge for achieving true socioeconomic inclusivity.

In conclusion, while the Parliament of India serves as a cornerstone of the country’s democratic governance, addressing weaknesses and challenges is crucial for ensuring its effectiveness, responsiveness, and continued relevance in the evolving socio-political landscape. Striking a balance between executive and legislative powers, fostering a culture of constructive debate, and implementing reforms are essential for strengthening the institution and upholding the constitutional ideals it embodies.

Conclusion –

In conclusion, the Parliament of India, as envisioned by the Indian Constitution, stands as a foundational pillar of the nation’s democratic governance. Its bicameral structure, democratic representation, and powers of legislation and constitutional amendment embody the principles of federalism, accountability, and inclusivity. While the Parliament has played a pivotal role in shaping the trajectory of the country, it faces challenges such as disruptions, executive dominance, and the need for electoral and procedural reforms.

The strengths of the Parliament lie in its ability to represent the diverse voices of the nation, enact laws, and hold the government accountable. The constitutional provisions granting emergency powers are tempered by safeguards to prevent misuse. However, addressing weaknesses, including legislative overload and erosion of parliamentary norms, is essential to enhance the institution’s efficiency and effectiveness.

To fortify the Parliament’s role in upholding democratic values, there is a pressing need for continuous efforts to strengthen parliamentary norms, encourage constructive debates, and facilitate greater public engagement. Electorate reforms, addressing regional disparities, and ensuring the socio-economic inclusivity of underrepresented groups are imperative for sustaining the Parliament’s relevance in the evolving socio-political landscape.

In essence, the Parliament of India remains a dynamic institution that reflects the democratic aspirations and pluralistic identity of the nation. Navigating the challenges and building on its strengths, the Parliament is central to fostering a thriving democracy that upholds the principles enshrined in the Indian Constitution.

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