Introduction

The Indian Parliament, known as the Bhāratīya Saṁsad, stands as the supreme legislative
authority of India. It comprises the President of India and two distinct houses—the Rajya Sabha
(Council of States) and the Lok Sabha (House of the People). Established on January 26, 1950,
coinciding with India's transition to a republic, the Parliament is entrusted with the critical
responsibility of framing laws, ensuring governance, and safeguarding the democratic
framework of the nation. It symbolizes the aspirations of over a billion citizens and serves as the
cornerstone of India's parliamentary democracy.

1. Introduction to the Indian Union Parliament

The Indian Parliament is the supreme legislative authority of the country. It frames laws, debates
national policies, and provides checks and balances to the executive. Parliament represents the
democratic ethos of India and is a forum for discussing the aspirations and grievances of its
citizens. India inherited its parliamentary system from the British model, but India customized it
according to the nation's federal form. The roots of the Indian parliamentary system were
formed by adopting the Constitution of India on January 26, 1950. India then became a
sovereign, socialist, secular, and democratic republic.

2. Role of the Parliamentary System in India

The parliamentary system is the one that holds India's democratic structure intact.

It is so because:

 It ensures all sections of society are represented.

 It provides a mechanism for making the government accountable to the people.
 It fosters debate, deliberation, and consensus-building, which are indispensable in a
country like India, where there is a diverse population.
 It provides a peaceful method for settling disputes between different states and regions.

3. Composition and Structure of the Indian Parliament

The Parliament of India is bicameral, with two houses – Lok Sabha (House of the People)
and Rajya Sabha (Council of States) – and the President of India.

a) Lok Sabha (House of the People):

Composition: Lok Sabha consists of members directly elected by the people of India through universal
adult suffrage. The maximum strength of the Lok Sabha is 552 members, comprising:

Up to 530 representatives of the states.

Up to 20 representatives of the Union Territories.

2 members nominated by the President from the Anglo-Indian community (only if deemed necessary).

Term: Members serve for a term of five years, but the house can be dissolved earlier.

Role: As the primary legislative body, the Lok Sabha plays a key role in initiating and passing laws,
particularly money bills.

b. Rajya Sabha (Council of States):

Composition: Rajya Sabha is a permanent house that can never be dissolved. It is the maximum strength
of 250 members that comprises:

238 members are elected by the legislative assemblies of states and union territories.

12 members nominated by the President who has given contributions to any of the areas such as art,
literature, science, or social service.

Term: The members have staggered terms for six years, while one-third of the total members retire every
two years.

Role: The Rajya Sabha acts as a revising chamber that presents the interest of states in Parliament.

4. Representation of States and Union Territories in Parliament

The Parliament gives a proportionate number to states and Union Territory both as:

States: Members are elected on the basis of the population of each state; this is done so that every state
has an equal opportunity for being heard in the legislature.

Union Territory: This region also enjoys special status, making its voices audible in the legislative system.

This setup shows federalism in India but with nation intact.

Lok Sabha and Rajya Sabha (Powers and Functions):-

a. Lok Sabha:
1. Legislative Powers:
 The Lok Sabha plays a central role in the legislative process by initiating and passing laws.
Most bills, including those related to taxation, national security, and social welfare, are
introduced in the Lok Sabha. The majority of legislation requires approval by the Lok Sabha
to become law.
 Money Bills: Probably the most influential power of Lok Sabha is their absolute dominance
on the passage of money bills in relation to issues of government expenditure, revenue and
borrowing. A money bill could be introduced in Lok Sabha, and Rajya Sabha can provide
suggestions to its amendments but, the final statement is in Lok Sabha.
  The Lok Sabha has important financial powers with the help of control over the nation
budget. Every year, the Lok Sabha receives an annual budget presented by the Finance
Minister, which has to be ratified by the House. The Lok Sabha exclusively possesses the
right to vote on financial issues, such as appropriation for governmental expenditure.
2. Executive Powers:
 The Lok Sabha has wide powers over the government. The most important area is the area
of holding the government accountable to it. A motion of no confidence can be brought
against the House to dismiss the Prime Minister and the Council of Ministers. The Council of
Ministers need to enjoy the confidence of Lok Sabha to hold office.
3. Judicial Powers:
 The Lok Sabha also has some judicial functions, especially in the process of impeachment. It
is a key body in the impeachment of the President of India, which is passed with a two-
thirds majority in both Houses of Parliament. In case the President is impeached, the issue is
referred to the Rajya Sabha, but the preliminary proceedings take place in the Lok Sabha.

b. Rajya Sabha:
1. Legislative Powers:
 The Rajya Sabha acts as a reviewing body for bills passed by the Lok Sabha. It can amend or
delay the passage of legislation, but it cannot block bills indefinitely. If the Rajya Sabha
rejects a bill, the Lok Sabha can pass it again, and the bill may become law.
 It is entitled to take up discussions of policies that relate to the states and other general
concerns in the region. The Rajya Sabha is an arena where its members can raise national
and international matters of importance but in the interest of the states.
2. Advisory Role:
 It serves more as an advisory role because the Rajya Sabha provides expert analysis and
discussion of policy issues, such as federalism and regional policy. Many members are
experts in their respective fields; thus, they make more informed decisions through detailed
debates.
3. Special Privileges:
 The Rajya Sabha is given the power to sanction the formation of new All-India Services such
as the IAS and the IPS. This is a significant power that helps to sustain cooperative
federalism because it makes sure that the central government and the state governments
have an equal say in the formation of services that are necessary for the governance of the
administration in the country.
4. Judicial Powers:
 The Rajya Sabha, just like the Lok Sabha, is not very judicially empowered. It does not take
part directly in the impeachment of the President, but it is involved in investigating charges
against officials such as the Vice President or Judges of the Supreme Court or High Courts in
case of their impeachment.
  Also, the Rajya Sabha is responsible for judicial review of laws by ensuring that a law passed
through does not offend the Constitution. While the final judicial power rests in the courts,
Parliament plays an important role in shaping the legal framework.

The President of India:-

Eligibility Requirements and Electoral Procedure for the Presidency of India

Eligibility Requirements for the Presidency of India:

 To be eligible to be the President of India, one must fulfill the following conditions:
 She/he must be a citizen of India.
 She/he must have attained the age of 35 years at the time of his nomination.
 Parliamentary Qualification :-
He must be qualified enough to get elected as a Member of the Lok Sabha. In other words, he
should qualify for the provisions given in Articles 84 and 102 of the Constitution.
 No Office of Profit:
A. He should not hold any office of profit under the Government of India, any state
government or any local authority.
B. However, the Vice President, Governor of any State, or a Minister of the Union or any
State is not disqualified to vote in the election for the President because these offices
are not regarded as offices of profit.

Procedure for the Election of the President of India:

A. Electoral College:

The President is elected by an Electoral College comprising of:

(a) Elected Members of the Lok Sabha and Rajya Sabha, and

(b) Elected members of the Legislative Assemblies of States and Union Territories, which have Legislative
Assemblies like Delhi and Puducherry. It is relevant to mention that nominated members of both
Parliament and the Legislative Assemblies do not vote.

B. Electoral Process:
The election employs a system of proportional representation by a single transferable vote
method. The ballot is conducted by secret ballot to ensure the confidentiality of the voters.
C. Vote Counting:
 Every MLA vote has a value that depends on the population of the state he or she comes
from.
MLA vote value formula:
Value of MLA’s Vote= (State Population/Total MLAs in the State)×1000
  Every MP has equal value in the vote. The value of an MP vote is arrived at through dividing
all the value of MLA's votes by the total elected MPs.
D. Quota for Winning:
 The election requires a candidate to garner more than 50 percent of the valid votes cast for
the victory of the election.
 If no candidate manages to garner more than half of the votes in the first round, the vote
transfer procedure starts with counting of second and further preferences.
E. Role of Election Commission
A. The Presidential election is conducted and overseen by the Election Commission of India
F. Oath of Office
B. Upon taking over as President, either the Chief Justice of India or the senior most judge
sitting in the Supreme Court administers an oath of office.

Powers of the President :-

 Executive Powers
Appointments and making sure that the administration of the Union Government
runs without hitches fall under the president's executive power.
A. Head of the Union Administration:
o All actions taken by the Indian Government are in the name of the President. This is
how all government policies, decisions, and actions can be ascribed to the President,
although it is actually performed by ministers.

o All Union officials, including the bureaucracy, are formally responsible to the
President, though in practice, these officials report to the Prime Minister and the
Council of Ministers.

B. Key Appointments:
The President appoints people to key posts essential for governance and hence
determines the working of the Indian administration
o The President appoints the Prime Minister and the Council of Ministers; however,
the Prime Minister shall always be the leader of the majority party in the Lok Sabha.
o The Governor of states are appointed by the President and, under the direct
guidance of the President, the Governors play an important role in administering the
state governments.
o Judicial appointments like the Chief Justice and Judges of the Supreme Court and
High Courts are provided by the President with the consultative process through the
judiciary and the government.
o Other appointments that are essential in the judicial, financial, and election
processes are the Attorney General of India, Comptroller and Auditor General of
India, and Election Commissioners.
 C. Control Over Union Territories and Border Areas:

The Union Territories, that do not possess full statehood, are governed by the
President through administrators appointed by him/her. Thus, it guarantees the
control of the President in crucial areas wherein full state legislative power is not
provided.

D. President's Rule in Controlling the State Governments

In a constitutional breakdown, like where the state government is unable to

function in compliance with the constitutional provisions, Article 356 places the
President's Rule. He takes direct responsibility for the management of the state
and dismisses the existing government of the state, taking on the role.

2. Legislation Powers

He has legislative authority, which allows him to work with the function of Parliament, and influence
parliamentary processes.

 The President addresses both Houses of Parliament at the beginning of each Parliamentary
session, setting out the government's priorities and legislative agenda for the session ahead.
The address also takes place after each general election, providing a comprehensive policy
direction.
 Messages to Parliament:
The President may address messages to either House on the subject of bills or other matters.
Such messages may appeal to Parliament to reconsider certain measures or bills and contain
the President's opinions concerning legislative matters.
 Summon and Prorogue Parliament:
The President shall have the power to summon, prorogue Parliament, and to dissolve
Parliament
 .Dissolution of Lok Sabha:
The President can dissolve the Lok Sabha, the lower house of Parliament, at the request of the
Prime Minister. This leads to fresh elections. The President's power helps the smooth working of
democracy by providing a fresh mandate of the people.
 Nomination of Members:
The President can nominate 12 members to the Rajya Sabha (Council of States) to represent
eminent personalities in areas like literature, science, arts, and social service. The nominated
members bring in valuable expertise and represent diverse fields.

 Consensus to Bills:
 Any bill that passes at Parliament has to be agreed to by the President as law. However, the
President can either approve, withhold, or return the bill with provisions for reconsideration.
Although money bills only allow the President's decision to be final without an avenue of
appeal.
The President's role here ensures that Parliament adheres to constitutional processes.

 Ordinance-Making Powers:

The ordinances made have the force of law when the Parliament is not in session, and those
have to be ratified by Parliament within six weeks after its next sitting. Thus, this allows the
government to be responsive in acting on an emergency without awaiting a sitting session.

 Approval of State Bills:

Bills enacted by the state legislatures may require to be kept in abeyance for the
consideration of the President. This would ensure that the state laws were not in violation of
the Constitution or to the detriment of national interest.

 New States and Alteration of State Boundaries:

Need approval of the President to constitute new states or to change the boundaries to
shape the Union fabric.


3. Diplomatic Powers
As the representative of India in the international arena, the President undertakes various
diplomatic functions:

 The President appoints Indian ambassadors to other countries and receives ambassadors
and high commissioners from other nations.
 The President is a symbol of India in great international functions and conferences and
forges diplomatic relationships with other nations and international bodies.
 The appointment by the President to conclude treaties and other international agreements
on the advice and consent of the Council of Ministers gives expression to the prominent
place that office enjoys in the conduct of foreign policy in India.

4. Financial Powers
Role of the President in National Finances:

Presenting money bills for introduction to the parliament related to any issue that raises or gives
money back from taxation is made by a person whose initiative must come as recommendation
of the president, with all of that showing careful review by the very head.

Giving an Annual Budget.

The Finance Minister submits the Annual Budget to the parliament on behalf of the President.
The Annual Budget contains all the proposals of the Revenue and Expenditure for the next
financial year.

Withdrawal from Contingency Fund:

The President is empowered to withdraw sums from the Contingency Fund of India for meeting
unforeseen and urgent expenditures. This gives the government the flexibility to undertake
emergency expenditure.

Appointment of the Finance Commission:

Every five years, the President appoints the Finance Commission, which recommends how
revenues should be distributed between the Union and the States, ensuring the fiscal balance of
the country.

5. Military Powers
As the Supreme Commander of the Armed Forces of India, the President has the following
powers:

Appointments:

The President appoints the Chiefs of the Army, Navy, and Air Force, which are crucial in
maintaining national security.

Declaring War or Peace:

The President can declare war or peace, but only on the advice of the Council of Ministers,
ensuring that the military remains under civilian control.

6. Judicial Powers
The judicial powers of the President reflect his role as the guardian of the Constitution:
Immunity from Legal Action:

The President shall not be answerable to any court for the performance of any functions in or
relating to an official capacity as President.

Power to Grant Pardons

Pursuant to Article 72, the President shall have the power to grant pardons and reprieves to
people convicted of offenses in respect of crimes. This provision is very effective in matters
pertaining to capital sentences or military offense cases.

7. Emergency Powers
The President, under Articles 352, 356, and 360, assumes extraordinary powers during a crisis:

1. National Emergency (Article 352): When there is a war, or external aggression or armed
rebellion, the President can declare a National Emergency, enabling the central
government to take drastic actions.
2. State Emergency (Article 356): When a state's constitutional machinery breaks down,
the President can dissolve the state government and take control.
3. Financial Emergency (Article 360): The President may declare a Financial Emergency if
there is a danger to the country's financial stability, thus giving the central government
financial discipline.

8. Discretionary Powers

The President is endowed with discretionary powers in such situations as in case of election
when no party in the Parliament attains clear majority. Such discretionary powers empower the
President to decide at critical junctures: Appointment of Prime Minister in the event of no party
getting majority. Decisions during the hung parliament, where they might form a coalition
Sending a bill back to the parliament for reassessment. Dissolving the Lok Sabha when the
ruling party loses its majority but does not step down.

Vice President :-
Election of Vice President of India- Eligibility and Procedure
Qualifications to Become the Vice President of India
In order to stand eligible for an election to be elected for the position of the Vice President of India, an
individual must satisfy the following eligibility requirements:

Citizenship:

Candidate to be a citizen of India.

Minimum Age:

Candidate should have attained the age of 35 years on or before nomination date.

Parliamentary Qualification:

Candidate must be qualified to become elected as Member of Rajya Sabha under Article 84 and 102 of
the Constitution.

No Office of Profit:

Candidate should not hold any office of profit under Government of India, any state government or any
local authority. Similar to the Presidential election, certain positions like the Governor of a State,
Union Ministers, or State Ministers are exempted from this restriction.

Procedure for the Election of Vice President of India:

Electoral College: The Vice President is elected through an Electoral College of members of both Houses
of Parliament: (a) Elected Members of Lok Sabha and Rajya Sabha, along with (b) Nominated Members
of Lok Sabha and Rajya Sabha.

(Unlike the Presidential election, members of State Legislatures do not vote in this election.)

System of Voting:

As in the case of the Presidential election, the Vice President is elected through a system of proportional
representation by means of a single transferable vote.

Voting is held through a secret ballot.

Role of the Vice President :

The Vice President is the ex-officio Chairman of the Rajya Sabha and presides over its sessions.

In case of resignation, removal, death, or incapacity rendering the President incapable of performing the
duties attached to the office, the Vice President acts as president until a successor is elected according to
the appropriate procedure.
Oath of Office:

The Vice President upon election is to take an oath of office, which is administered by the President of
India.

Powers :-
o Powers of the Vice President of India
The Vice President of India is an influential constituent official, mostly as the ex-officio
Chairman of the Rajya Sabha, having some executive functions in certain
circumstances.
1. Position of Chairman of the Rajya Sabha

Presiding over the Rajya Sabha:

The Vice President chairs the sittings of the Rajya Sabha and ensures that proceedings
adhere to parliamentary practice and obviates disorderly and unparliamentary words and
expressions during debates.

Ruling on Points of Order:

The Vice President has the power to declare points of order raised in the Rajya Sabha,
interpreting the rules of procedure.

Casting Vote:
When there is a tie during voting in the Rajya Sabha, the Vice President gives the
casting vote.

The Vice President can send bills to the appropriate parliamentary committees for
scrutiny before bringing them into debate.

2. Executive Powers

o If the President is away, ill, or dead, the Vice President shall act as President and take
over all executive, legislative, and emergency powers provisionally.

o The Vice President shall be the Returning Officer in the election of the President.