The Union Parliament: Lok Sabha, Rajya Sabha and the Speaker — Notes

Parliament consists of the President, the Rajya Sabha and the Lok Sabha. India is a federation: the Constitution divides law-making powers between the Union and the States through three lists in the Seventh Schedule.

• Union List: subjects of national importance, e.g. defence, foreign affairs, railways, banking.
• State List: subjects of local importance, e.g. police and public order, agriculture, public health.
• Concurrent List: both may legislate, e.g. education, forests, marriage, trade unions. In a clash, the Union law generally prevails.
• Residuary powers (subjects in no list) belong to Parliament.

The House of the People, elected directly by adult citizens. Up to 530 members from the States and 20 from the Union Territories (maximum 550); 543 are elected at present. Seats are reserved for Scheduled Castes and Scheduled Tribes.

Dated note: until January 2020 the President could nominate two members of the Anglo-Indian community, making the maximum 552; the 104th Amendment (2020) did not extend this, so no members are nominated now.

Qualifications: citizen of India; at least 25 years; name on an electoral roll; must not hold an office of profit under the government; must not be of unsound mind or an undischarged insolvent.

Term: five years from the first meeting. It may be dissolved earlier by the President on the advice of the Prime Minister. During a national emergency Parliament may extend it by law, one year at a time, but not beyond six months after the emergency ends.

Election: by the members of the Lok Sabha from among themselves. Tenure: the life of the House; continues after dissolution until just before the first meeting of the new House.

Removal: a resolution after at least 14 days' notice, passed by a majority of all the then members (effective majority); the Speaker does not preside during it but may speak and vote.

Functions: presides and keeps order; certifies Money Bills (final); casting vote in a tie; presides over joint sittings; adjourns the House if the quorum of one-tenth is not present. The Deputy Speaker presides in the Speaker's absence.

Composition: maximum 250 = up to 238 representatives of the States and Union Territories + 12 nominated by the President (literature, science, art, social service). Present strength 245 (as of 2024).

Election: by the elected members of the State Legislative Assemblies, by proportional representation with the single transferable vote.

Qualifications: citizen; at least 30 years; other conditions as for the Lok Sabha. Term: six years. It is a permanent House: never dissolved; about one-third retire every second year.

Presiding Officer: the Vice-President as ex-officio Chairman; an elected Deputy Chairman.

The Lok Sabha is more powerful: the Council of Ministers is responsible to it; Money Bills start there and the Rajya Sabha can delay them only 14 days; a no-confidence motion can be moved only there. The Rajya Sabha still matters: it represents the States, brings in experts and re-examines bills.