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Subject: Polity

Topic: Parliament of India

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Indian democracy is based on the Westminster model (British model of democracy is referred to as the Westminster model) where the importance of Parliament in the political system is central. Preamble to the Indian Constitution begins with the people.” which confers sovereignty on the Parliament as ‘people’ in an indirect democracy means the representative body.

Art. 79 says that there shall be a Parliament for the Union which shall consist of the President and two Houses to be known as the Rajya Sabha or the federal chamber or Council of States or Upper House and the Lok Sabha or the popular chamber or Lower House or House of the 'People'.

Even though the President of India is not a member of the parliament, he is a part of the Parliament for the following reasons

• in a parliamentary system, the Executive is a part of the Legislature unlike the Presidential form of democracy where there is a strict separation between the two institutions.
• Bills passed by the Parliament need Presidential assent before they become laws
• President performs certain other legislative duties like summoning and proroguing the Parliament; recommending the introduction of certain Bills in the Parliament etc.

The term in Constitutional law, President-in-Parliament, is used to refer to the President in his legislative role, acting with the advice and consent of the two Houses of Parliament. It is similar to Crown-in-Parliament which means the Crown acting with the advice and consent of the British Parliament.

Role of the President of India with regard to Parliament

The President is the constitutional head of Republic of India. He is elected by an electoral college that includes elected members of both-Houses of Parliament and the elected members of the Legislative Assemblies of the States. The President performs the following constitutional functions vis-a-vis Parliament

• He invites the leader of the majority party to form the Government after a new Lok Sabha is duly elected.
• He summons the two Houses of Parliament to meet from time to time.
• He has the power to prorogue a session in the two Houses and dissolve the Lok Sabha.
• The President has to assent to a Bill before it can become a law.
• If the Houses are not in session, the President can promulgate Ordinances having the same validity as a law passed in Parliament.
• The President has the right to address either or both houses of Parliament.
• The President has the power to call both houses for a joint Sitting in case a dispute arises over passing a Bill.
• He nominates 12 members of the Rajya Sabha and has the right to nominate two members from the Anglo Indian community to the Lok Sabha if they are under represented.

Thus, President is a constituent part o the Parliament.

Rajya Sabha

It is the federal house representing the States.

Maximum strength (sanctioned strength) of Rajya Sabha is two hundred and fifty (250), of which 238 are to be elected and 12 are nominated by the President of India. The actual strength of Rajya Sabha is two hundred and forty five (245), of which 233 are elected and 12 are nominated by the President. The actual strength is also known as total membership. Each State and the two Union Territories of Delhi and Puduchery are represented in the Rajya Sabha. The allocation of seats in Rajya Sabha is contained in the Fourth Schedule to the Constitution.

Article 80 provides that the Rajya Sabha shall consist of:

• twelve members nominated by the President from amongst persons having special knowledge or practical experience in respect of such matters as Literature, science, art and social service; and
• not more than two hundred and thirty-eight representatives of the States and of the Union Territories.

The elected members of the (233 Members) Rajya Sabha are elected by the elected members of the Assemblies of States and the two Union Territories of Delhi and Puduchery in accordance with the system of proportional representation by means of the single transferable vote. Of the UTs, only NCT of Delhi and Puduchery are represented in the Rajya Sabba. No other UT has an assembly and so has any representation in the Rajya Sabha.

While the nominated members of Rajya Sabha have a right to vote in the election of the Vice-President of India, they are not entitled to vote in the election of the President of India.

The Council of States was set up under the Constitution in 1952. Dr. Radhakrishnan was the first Chairman of Rajya Sabha. He was the longest serving Chairman (1952-62).

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