Analyzing Articles 79 to 88 of the Indian Constitution: Structure and Functions of Indian Parliament

Analyzing Articles 79 to 88 of the Indian Constitution: Structure and Functions of Indian Parliament

Articles 79 to 88 of the Indian Constitution form the bedrock of the Indian Parliament's structure, functioning, and powers. They encompass the establishment, composition, sessions, procedures, and powers of both the Houses of Parliament - the Lok Sabha and the Rajya Sabha.

Article 79: Constitution of Parliament

Article 79 defines the Parliament of India, comprising the President and the two Houses - the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). It elucidates the composition and essential elements of the Indian Parliament.

Articles 80 to 88: Composition, Powers, and Procedures

Articles 80 to 88 delineate the composition of the Rajya Sabha, the allocation of seats, the qualifications and disqualifications for membership, the powers of the Houses in matters of legislation, sessions, privileges, and procedures for conducting business.

Modern Era Interpretation:

In the contemporary era, these articles continue to serve as the cornerstone of India's democratic governance. While they might not be laden with extensive case laws, their interpretation and application have evolved in response to the changing socio-political dynamics and legal interpretations.

Case Laws and Relevance:

Kihoto Hollohan v. Zachillhu (1992): This case affirmed the autonomy of the Speaker in deciding the validity of disqualification of members of the House under the Tenth Schedule of the Constitution. It emphasized that the decision of the Speaker in matters of disqualification is subject to judicial review only on limited grounds, preserving the integrity of parliamentary procedures outlined in Articles 80 to 88.

Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007): In this case, the Supreme Court upheld the Speaker's decision to disqualify Members of Parliament (MPs) involved in the cash-for-query scandal. The judgment reiterated the authority of the Speaker to take actions against MPs breaching ethical standards, underscoring the accountability of parliamentarians as outlined in these articles.

Contemporary Relevance and Challenges:

In the contemporary landscape, these articles face challenges pertaining to parliamentary disruptions, ethical conduct of members, and the effective functioning of legislative processes. The rise of disruptive tactics, hindering parliamentary proceedings, necessitates a balance between democratic dissent and effective governance.

The evolving nature of technology, media, and information dissemination poses challenges in upholding parliamentary decorum, ethical behavior, and ensuring informed legislative deliberations.

Conclusion:

Articles 79 to 88 of the Indian Constitution lay down the foundation for the functioning of the Parliament, ensuring representation, legislative procedures, and the balance of powers. While not heavily reliant on case laws, their interpretation and application resonate with the evolving nature of democratic governance and legal interpretations.

As India strides forward in the 21st century, the need to reinforce the sanctity of parliamentary proceedings, uphold ethical conduct, and ensure effective legislative functioning remains pivotal. The occasional legal interventions and evolving practices continue to shape and refine the operational aspects of these articles, underscoring their enduring significance in fostering a robust and dynamic parliamentary democracy.