Union Legislature

                                     Union Legislature

Article 79 to 122 in part V chapter II of the Constitution deals with the organization, composition, duration, officers, procedures, privilege, power, etc of Parliament. 

• The Rajya Sabha is the upper house and the Lok Sabha is the lower house.

• Rajya Sabha represents the states and union territories. Lok Sabha represents the people of India.

Article 80 of the Rajya Sabha's composition

• Article 80 stipulates that the State Council should be composed with

a. The President will propose 12 members, and

b. No more than 238 state and union territory representatives.

• A person with exceptional expertise or relevant experience in areas like literature, science, art, or social service should be among the members to be nominated by the president.

• The requirements in the fourth schedule article 80[2] on the allotment of seats in the Council of States to be filled by representatives of the states and union territories should be followed.

Members of state legislative assemblies elect the representatives from each state to the Rajya Sabha. Single Transferable Vote is used in the election in line with the proportional representation system (Article 80[4]).

• The representatives of Union Territories in the Council of States must be chosen in accordance with any procedures that Parliament may by law provide. • The seats in the Rajya Sabha are allocated to the states based on population.

• The only two union territories with representation in the Rajya Sabha are Delhi and Puducherry.

Lok Sabha membership [Article 81]

• Article 81 stipulates that the Lok Sabha should be made up of the following :

A. maximum of 530 members may be selected by direct election from the States.

B. There can be no more than 20 members to represent the union areas, and 

C. The president is required under Article 331 to designate two members from the Anglo-Indian community.[Removed from the 104th Amendment to the Constitution Act of 2020]

•  The Lok Sabha's maximum membership is set at 552.

• The Union Territory [Direct Election to the House of People] Act of 1965 was passed by the Parliament, and it provides for the direct election of

Lok Sabha members from the union territory.

After each census, adjustments are made [article 82].

• According to Article 82, the following must be readjusted after each census:

1. he distribution of Lok Sabha seats to the states and

2. b) the creation of territorial constituencies within each state

• The Delimitation Commission Act was passed by Parliament in 1952, 1962, 19, and 2000 with this goal in mind. Parliament has the jurisdiction to decide the authority and the way in which it is to be formed.

• The 42nd Constitutional Amendment Act of 1976 set a deadline of 2000 for the 1971 level of geographical constituencies and the distribution of Lok Sabha members among the states.

• The 84th constitutional amendment of 2001 extended this limitation on readjustment for an additional 25 years, or until 2026.

• The 87 Constitutional Amendment Act of 2003 allowed for constituency delimitation based on the 2001 census rather than the 1991 census.

Rajya Sabha's [Article 83 [1]] term limit

• According to Article 83[1], the State Council shall not be dissolved, but roughly one-third of the members shall retire at the end of every second year in line with the conditions set by legislation on behalf of the Parliament.

• Re-election and re-nominations are open to retiring members at any time.

• The Rajya Sabha members' terms of office are not set down in the constitution; instead, the Parliament must make the decision by passing legislation.

•  The Parliament established the 6-year term of office for Rajya Sabha members in the Representation of Peoples Act of 1951.

Lok Sabha's [Article 83[2]] term limit

•  According to Article 83[2], the House of People must continue for five years from the date set for its first meeting.

• The Lok Sabha would automatically dissolve after five years.

• The President may dissolve the Lok Sabha at any point before its five-year term is out.

• While a proclamation of emergency is in effect, the period of five years may be extended by Parliament by law for intervals not to exceed one year at a time and not to exceed a period of six months after the proclamation has ceased to be in effect. [provision to article 83[2]].

Qualifications for Parliamentary Membership [Article 84]

• Article 84 stipulates the following requirements for selection as a member of parliament: 

1. He must be an Indian citizen.

2. Before the person designated by the Election Commission for this purpose, he must take and sign an oath or affirmation.

3. He must be at least 25 years old to serve in the Lok Sabha and at least 30 years old to serve in the Rajya Sabha.

4. He must meet other requirements outlined by the parliament.

Article 102: Ineligibility for Parliamentary Membership

• Clause 1 of Article 102 states that no one is eligible to be elected to, or to serve as, a member of either house of parliament.

a) If he occupies a position of profit in the Indian government or in a state government that is not one whose occupant has been granted immunity from disqualification by a parliamentary act.

b) If the court has determined that he is mentally ill and has made that determination,

c) If he has an outstanding insolvency case.

d) If he is not an Indian citizen, has chosen to become a citizen of another country, or is a party to an alliance between two foreign countries.

e) If he is ineligible under or by any law passed by the legislature[Representation]

Of the Peoples Act 1951

A person must not be deemed to hold any office of profit under the Government of India for the Government of any state just because he is a Minister for the Union or for such state.

Clause 2

• A person shall be disqualified for being a member of either of the houses of Parliament if he is so disqualified under the tenth schedule 

[Article 102[2]].

• The Supreme Court held in Jaya Bachchan v. Union of India 2016 that the office of profit is an office that is capable of yielding profit or monetary gain.

• The office of profit is an office to which some benefit is derived or to which the holder of the office may reasonably expect to make. It doesn't matter if someone really gets the game.

Disqualification due to defection

• The constitution further stipulates that if a person is disqualified due to defection in accordance with the terms of the 10th schedule, they are also prohibited from serving as members of parliament. [52ND CAA, 1985] a class member who is ineligible under the law.

A) If he voluntarily renounces his affiliation with the political party on whose platform he was elected to the house.

B) If he votes or abstains from voting in the house against any instructions issued by his political party.

If any member who was nominated joins a political party after the six-month period has passed, as well as 

C) If any independently elected member joins any political party.

D) If any nominee joins a political party after the first six-month period has passed.

• The speaker of the Lok Sabha and the chairman of the rajya sabha respectively decide on the issue of disqualification under the 10th schedule.

• The Supreme Court concluded in Kihoto Hollohan V. Zachillhu that the speaker's or chairman's role in enforcing the anti-defection statute is that of a tribunal, making it subject to judicial scrutiny.

• The 91st constitutional amendment of 2003 included article 75, which states that any member of either house of parliament who is barred from serving in the house under paragraph off Schedule 10 shall likewise be barred from serving as a minister.

• The 91st constitutional amendment of 2003 included article 75, which states that any member of either house of parliament who is barred from serving in the house under paragraph off Schedule 10 shall likewise be barred from serving as a minister.

• Decisions on the topic of members' disqualification under Article 103

• According to Article 103, the president will decide on any disputes over whether a member of either House of Parliament has been subject to any of the disqualifications listed in Article 102[1], and his judgment will be final.

• The president must first get the election commission's view before making any judgments on these issues, and then he or she must act in accordance with that conclusion.

Vacation of seats Article 101

• Article 101 provides for the vacation of seats. In the following circumstances, a Member of Parliament vacates his seat. 

1. No person shall be a member of both houses of Parliament and provision shall be made by Parliament by law for vacation by a person who is chosen a member of both houses of his seat in one house or the other. article 101[ 1].

• The president must first get the election commission's view before making any judgments on these issues, and then he or she must act in accordance with that conclusion.