Parliament of India & Legislative Procedures
1. Essential Legal Principles & Statutory Provisions
Constitution & Composition of Parliament
Article 79 Constitution of Parliament
Parliament consists of the President of India, Rajya Sabha (Council of States), and Lok Sabha (House of the People).
Article 80 Rajya Sabha (Council of States)
- Maximum strength: 250 members.
- 238 represent States/UTs.
- 12 members nominated by the President.
- Nominations are made from persons distinguished in: Literature, Science, Art, and Social Service.
- Permanent House, not subject to dissolution.
- One-third members retire every second year.
- Normal tenure of a member: 6 years.
Article 81 Lok Sabha (House of the People)
- Members elected directly from territorial constituencies.
- Normal term: 5 years.
- May be dissolved earlier by the President.
Disqualification & Anti-Defection
Article 102(1)
- Office of Profit.
- Unsound mind.
- Undischarged insolvent.
- Loss of citizenship.
Article 102(2)
Disqualification under the Tenth Schedule (Anti-Defection Law).
Article 103
Questions relating to disqualification of MPs (except anti-defection cases) are decided by the President after obtaining the opinion of the Election Commission of India. The Election Commission's opinion is binding.
Legislative Procedure & Money Bills
Article 108 Joint Sitting of Parliament
- Called when a deadlock arises between the two Houses.
- Not applicable to Money Bills.
- Not applicable to Constitutional Amendment Bills.
- Convened by the President.
- Presided over by the Speaker of the Lok Sabha.
Article 109 Special Procedure for Money Bills
- Can be introduced only in Lok Sabha.
- Requires prior recommendation of the President.
- Rajya Sabha cannot reject or amend a Money Bill.
- Rajya Sabha may only make recommendations.
- Must be returned within 14 days.
Article 110 Definition of Money Bill
A Bill dealing exclusively with matters such as:
- Taxation.
- Borrowing of money.
- Consolidated Fund of India.
- Contingency Fund.
- Appropriation of money.
Parliamentary Privileges
Article 105 Powers, Privileges & Immunities
- Freedom of speech in Parliament.
- Immunity from court proceedings regarding anything said or any vote given in Parliament.
- Protection extends to Parliamentary Committees.
2. Landmark Supreme Court Cases
Kihoto Hollohan v. Zachillhu (1992)
The Supreme Court upheld the constitutional validity of the Tenth Schedule (Anti-Defection Law).
The Court held that the Speaker/Chairman acts as a quasi-judicial tribunal while deciding anti-defection cases, and such decisions are subject to judicial review.
K.S. Puttaswamy (Aadhaar Case) v. Union of India (2018)
The Court examined whether the Aadhaar Act was validly enacted as a Money Bill.
While discussing Article 110, the Court recognized that the Speaker's certification of a Money Bill may be reviewed in exceptional cases involving constitutional violations or fraud on the Constitution.
P.V. Narasimha Rao v. State (CBI) (1998) & Sita Soren v. Union of India (2024)
In P.V. Narasimha Rao, certain legislative immunity protections were interpreted broadly.
A seven-judge Constitution Bench in Sita Soren (2024) overruled that position and held that Members of Parliament and State Legislatures do not enjoy immunity from prosecution for accepting bribes related to votes or speeches in the House.
3. Bare Act Navigation Tips for the Exam Hall
Who Presides Over a Joint Sitting?
Always remember: Speaker of the Lok Sabha. Many questions incorrectly tempt students to choose the Vice-President or Chairman of Rajya Sabha.
Money Bill Time Limit
Under Article 109, Rajya Sabha must return a Money Bill within 14 days. Failure to do so results in the Bill being deemed passed.
Rajya Sabha Nomination Grounds
Article 80(3): Literature, Science, Art, and Social Service. Remember that Sports is not expressly mentioned in the Constitution.
Most Tested Articles
Articles 79, 80, 81, 102, 103, 105, 108, 109, and 110 are among the most frequently asked Parliament-related provisions.
AIBE Revision Formula
Parliament = President + Rajya Sabha + Lok Sabha; Money Bills originate only in Lok Sabha; Rajya Sabha gets 14 days; Joint Sitting excludes Money Bills; Anti-Defection decisions are judicially reviewable.