Parliament and the State Legislature
The legislature is the law-making organ of the state. In India there is a Parliament at the Union level and a Legislature in every state. The Constitution adopts the bicameral system at the centre and permits it in the states as well. Parliament consists of the President and two Houses - the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). A state legislature consists of the Governor and, in most states, a single house called the Vidhan Sabha (Legislative Assembly), while a few states also have a second house called the Vidhan Parishad (Legislative Council). This topic explains the composition, powers and working of Parliament and the state legislature, which is a high-scoring area in APSC, ADRE and Assam Police examinations.
Composition of Parliament
Article 79 provides that Parliament shall consist of the President and the two Houses - the Rajya Sabha and the Lok Sabha. Thus the President is an integral part of Parliament, though he does not sit in either House. Parliament's main functions are to make laws, to control the executive, to control finance and to represent the people.
The Lok Sabha
The Lok Sabha is the lower house and the directly elected house. Its maximum strength is 552 - up to 530 members from the states, up to 20 members from the Union Territories, and, before the 104th Constitutional Amendment (2019), 2 members nominated by the President from the Anglo-Indian community. As that nomination has not been extended, the effective strength is now 550. Members are elected directly by the people on the basis of adult suffrage. The normal term of the Lok Sabha is five years, though it can be dissolved earlier by the President, and a National Emergency can extend its life. The Speaker and the Deputy Speaker are elected by the members from among themselves. The minimum age for membership is 25 years. A Money Bill can be introduced only in the Lok Sabha, and the Speaker certifies whether a Bill is a Money Bill.
The Rajya Sabha
The Rajya Sabha is the upper house and the house of the states. Its maximum strength is 250 - up to 238 members elected by the elected members of the State Legislative Assemblies and the Assemblies of certain Union Territories, and 12 members nominated by the President from persons having special knowledge in literature, science, art and social service. The Rajya Sabha is a permanent house and cannot be dissolved. One-third of its members retire every two years, and the term of a member is six years. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha, and a Deputy Chairman is elected by the House. The minimum age for membership is 30 years. The Rajya Sabha has special powers: under Article 249 it can empower Parliament to legislate on a State List subject, and under Article 312 it can create an All India Service.
Officers and Sessions
The Speaker of the Lok Sabha presides over the House, maintains order, interprets rules and exercises a casting vote in case of a tie; the Speaker is the guardian of the powers of the House and continues in office even after the dissolution of the House until a new Speaker is elected. The Chairman of the Rajya Sabha is the Vice-President of India. The President summons and prorogues the sessions of Parliament, and the gap between two sessions cannot be more than six months. The quorum for a meeting is one-tenth of the total number of members of the House.
Law-Making Procedure
- Ordinary Bills can be introduced in either House and must be passed by both Houses before receiving the President's assent. In case of a deadlock a joint sitting of both Houses may be held under Article 108, presided over by the Speaker.
- Money Bills (defined in Article 110) can be introduced only in the Lok Sabha on the recommendation of the President. The Rajya Sabha can only make recommendations and must return the Bill within 14 days; it cannot amend or reject it.
- Financial Bills and Constitutional Amendment Bills have their own procedures. A Constitution Amendment Bill under Article 368 requires a special majority in each House separately.
Parliament's Control over the Executive
Parliament exercises control over the Council of Ministers through Question Hour, Zero Hour, adjournment motions, calling attention notices, no-confidence motions and the Budget. The Council of Ministers is collectively responsible to the Lok Sabha, and a successful no-confidence motion requires the government to resign. Parliamentary committees such as the Public Accounts Committee and Estimates Committee also examine government spending.
The State Legislature
Article 168 provides that there shall be a Legislature for every state, consisting of the Governor and one or two Houses. At present six states have a bicameral legislature - Uttar Pradesh, Bihar, Maharashtra, Karnataka, Telangana and Andhra Pradesh. In all other states the legislature is unicameral. The Vidhan Sabha (Legislative Assembly) is the lower house, and the Vidhan Parishad (Legislative Council) is the upper house.
The Vidhan Sabha and Vidhan Parishad
- Vidhan Sabha: its maximum strength is 500 and minimum strength is 60 (smaller states such as Sikkim and Goa have special provisions). Members are directly elected, the term is five years, and the minimum age is 25 years. The Speaker presides over the House, and a Money Bill can be introduced only in the Vidhan Sabha.
- Vidhan Parishad: its strength cannot exceed one-third of the strength of the Vidhan Sabha and cannot be less than 40. Members are elected by local bodies, teachers, graduates and by the members of the Assembly, and about one-sixth are nominated by the Governor from persons with special knowledge or experience. It is a permanent house and the minimum age for membership is 30 years. The Chairman presides over the Council.
Lok Sabha versus Rajya Sabha
- Election: the Lok Sabha is directly elected; the Rajya Sabha is indirectly elected.
- Term: the Lok Sabha has a term of five years and can be dissolved; the Rajya Sabha is permanent and cannot be dissolved.
- Age: the minimum age is 25 years for the Lok Sabha and 30 years for the Rajya Sabha.
- Money Bill: only the Lok Sabha can introduce a Money Bill; the Rajya Sabha can only recommend.
- Strength: the maximum strength is 552 for the Lok Sabha and 250 for the Rajya Sabha.
Significance for Competitive Examinations
Parliament and the State Legislature is a standard topic in APSC, ADRE, Assam Police, DHS, SSC and Railway examinations. Questions are asked on the maximum and minimum strength of the two Houses, the term of office, age limits, the election and powers of the Speaker and Chairman, the Money Bill procedure, the joint sitting, and the bicameral states. Assam-specific questions on the Assam Legislative Assembly are also common.
How to Prepare This Topic
- Memorise Articles 79, 80, 81, 83, 93, 108, 110, 168, 169 and 171.
- Remember the strengths: Lok Sabha 552, Rajya Sabha 250, Vidhan Sabha 60-500, Vidhan Parishad 40 to one-third of the Assembly.
- Learn the age limits: 25 years for the Lok Sabha and Vidhan Sabha, 30 years for the Rajya Sabha and Vidhan Parishad.
- Note the special powers of the Rajya Sabha under Articles 249 and 312.
- Remember that a Money Bill starts only in the Lok Sabha and that the Rajya Sabha must return it within 14 days.
- Practise the questions on this page and revise the FAQ answers.
Common Exam Traps
- The Speaker presides over the Lok Sabha and the Vice-President is the ex-officio Chairman of the Rajya Sabha.
- The Rajya Sabha is a permanent house and cannot be dissolved; only the Lok Sabha can be dissolved.
- A Money Bill can be introduced only in the Lok Sabha, not in the Rajya Sabha.
- The Rajya Sabha must return a Money Bill within 14 days; it can recommend but not reject it.
- The joint sitting under Article 108 is presided over by the Speaker, not the Chairman of the Rajya Sabha.
Frequently Asked Questions
What is the composition of the Parliament of India and the State Legislature?
Under Article 79, the Parliament of India consists of the President, the Rajya Sabha and the Lok Sabha. The President is an integral part of Parliament and gives assent to Bills. Under Article 168, the Legislature of a state consists of the Governor and one or two Houses. If there is only one House it is the Vidhan Sabha, and if there are two Houses they are the Vidhan Sabha and the Vidhan Parishad.
What are the maximum strengths of the Lok Sabha and the Rajya Sabha?
The maximum strength of the Lok Sabha is 552, of which up to 530 members represent the states, up to 20 represent the Union Territories, and before the 104th Amendment two were nominated from the Anglo-Indian community. The maximum strength of the Rajya Sabha is 250, of which 238 are elected by the elected members of the State Legislative Assemblies and 12 are nominated by the President.
What is the difference between the Lok Sabha and the Rajya Sabha?
The Lok Sabha is the directly elected lower house with a maximum strength of 552 and a term of five years, and it can be dissolved. The Rajya Sabha is the indirectly elected upper house with a maximum strength of 250, is a permanent house that cannot be dissolved, and one-third of its members retire every two years with a six-year term. Only the Lok Sabha can introduce a Money Bill.
How is a Money Bill passed and what is the role of the Rajya Sabha?
A Money Bill, as defined in Article 110, can be introduced only in the Lok Sabha on the recommendation of the President, and the Speaker certifies it as a Money Bill. After it is passed by the Lok Sabha it is sent to the Rajya Sabha, which must return it within 14 days with or without recommendations. The Rajya Sabha cannot amend or reject a Money Bill, and the Lok Sabha may accept or reject its recommendations.
Which states have a bicameral State Legislature and what are the age limits for members?
Six states have a bicameral legislature - Uttar Pradesh, Bihar, Maharashtra, Karnataka, Telangana and Andhra Pradesh. The minimum age for membership of the Lok Sabha and the Vidhan Sabha is 25 years, while the minimum age for membership of the Rajya Sabha and the Vidhan Parishad is 30 years. The maximum strength of a Vidhan Sabha is 500 and the minimum is 60.