Constitution of Parliament

Bicameral parliament structure in India is established by Article 79 of the Constitution, which declares that "there shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People." Unlike a purely legislative body, the Union Parliament under the Constitution is a three-part institution — the President together with the Rajya Sabha (Council of States) and the Lok Sabha (House of the People) — and no law can come into force without passing through all three.

The President as Part of Parliament

Article 79 places the President inside the constitutional definition of Parliament, not outside it. This is not a ceremonial detail: a bill passed by both Houses becomes law only after receiving the President's assent under Article 111, and the President can summon, prorogue, or dissolve the Houses (Article 85), address either or both Houses and send them messages (Article 86), and deliver a special address at the start of the first session after a general election and the first session of each year (Article 87). The President is therefore an integral constitutional organ of Parliament even though, in ordinary usage, "Parliament" is often loosely used to mean only the two Houses.

Why Bicameral: Council of States and House of the People

The Constitution establishes a bicameral Parliament at the Union level — the Lok Sabha as the directly elected lower House representing the population, and the Rajya Sabha as the indirectly elected upper House representing the States. The Lok Sabha's membership is capped at a maximum of 550, drawn from not more than 530 members representing the States and not more than 20 representing Union territories, all chosen by direct election from territorial constituencies on the basis of universal adult franchise. The Rajya Sabha, by contrast, is built to give the States a voice in Union law-making and to bring specialised knowledge into the legislature through Presidential nominees — details that fall under Articles 80 and 81 and are treated separately.

This dual structure means ordinary legislation generally needs the assent of both Houses, giving India's Parliament the combination of a directly accountable popular chamber and a more insulated, continuing chamber intended to provide a check through revision and deliberation.

Structure of Chapter II — Parliament (Articles 79–122)

Chapter II of Part V of the Constitution, titled "Parliament," lays out the entire architecture of the Union legislature in a logical sequence, moving from composition to conduct of business:

Powers, Privileges and Freedom of Speech

Article 105 guarantees freedom of speech within Parliament: subject to the Constitution and the rules and standing orders regulating its procedure, no member is liable to any court proceedings for anything said or any vote given in Parliament or in any of its committees. This privilege is what allows members to debate policy, question the executive, and criticise the government without fear of civil or criminal liability for their words on the floor of the House, and it is foundational to Parliament functioning as a genuinely deliberative body.

Office of Profit and Disqualification

To keep legislators independent of executive patronage, the Constitution disqualifies a person from membership of either House if they hold an "office of profit" under the government, though the term itself is not precisely defined in the constitutional text. Parliament has used its own law-making power to carve out exemptions: the Parliament (Prevention of Disqualification) Act, 1959, exempts a specified list of posts from being treated as offices of profit, so that holding them does not disqualify a member.

Sessions Without a Fixed Minimum

Article 85 gives the President the power to summon Parliament to meet "at such time and place as he thinks fit." In practice, Parliament has met in three sessions a year — the Budget, Monsoon and Winter sessions — but this three-session pattern is a convention, not a constitutional mandate, and the Constitution does not fix a minimum number of days Parliament must sit in a year.

UPSC Relevance

Prelims

• Article 79: Parliament consists of the President and two Houses — the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
• Lok Sabha ceiling: not more than 550 members (530 States + 20 Union territories), directly elected.
• Article 105: freedom of speech in Parliament; members not liable to court proceedings for anything said or voted in the House or its committees.
• Parliament (Prevention of Disqualification) Act, 1959 exempts certain posts from the "office of profit" disqualification.

Mains

• Discuss why the President is constitutionally treated as a part of Parliament rather than as an authority outside it.
• Examine the rationale for a bicameral Parliament at the Union level and the distinct roles envisaged for the Lok Sabha and the Rajya Sabha.
• Analyse the significance of parliamentary privileges, particularly freedom of speech under Article 105, for the functioning of a deliberative legislature.

FAQ

Q1. What does Article 79 of the Constitution provide? Article 79 provides that there shall be a Parliament for the Union consisting of the President and two Houses — the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Q2. Is the President a part of Parliament? Yes. Under Article 79, the President is constitutionally part of Parliament, with powers to summon, prorogue and dissolve the Houses, give assent to bills, and address Parliament.

Q3. Why does India have a bicameral Parliament? The Lok Sabha directly represents the population through universal adult franchise, while the Rajya Sabha represents the States and brings in nominated members with special knowledge, giving the Union legislature both popular accountability and a revising, continuing chamber.

Q4. What is the maximum strength of the Lok Sabha under the Constitution? Not more than 550 members: up to 530 representing the States and up to 20 representing Union territories, chosen by direct election.

Q5. What protects a member's freedom of speech in Parliament? Article 105 protects freedom of speech in Parliament, shielding members from court proceedings over anything said or any vote given in the House or its committees, subject to the Constitution and the House's own rules.

Quick Revision

• Article 79: Parliament = President + Rajya Sabha + Lok Sabha.
• Lok Sabha ceiling: 550 (530 States + 20 UTs), directly elected.
• Article 105: freedom of speech and privilege from court proceedings for parliamentary speech/vote.
• Article 85: President summons/prorogues Houses and dissolves Lok Sabha; no fixed minimum sittings mandated.
• Parliament (Prevention of Disqualification) Act, 1959: exempts specified posts from office-of-profit disqualification.

Sources

• Constitution of India, Article 79 — legislative.gov.in
• Constitution of India, Article 105 — legislative.gov.in
• Parliament (Prevention of Disqualification) Act, 1959 — Government of India.

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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