Saturday, March 1, 2025

Parliament shyam institute

 Parliament

  • Part V of the Indian Constitution, from Article 79 to 122, explains the establishment, structure, and function of the Parliament.

  • India follows a parliamentary form of government.

  • In the world, the 'Mother of Parliaments' is called 'British Parliament'.

  • Another name for the parliamentary form of government:

    • "Westminster form of government"

  • The word 'Parliament' originated from the French word 'Parler' and the Latin word 'Parliamentum'.

  • 'Parler' and 'Parliamentum' mean "place for discussion".

  • According to the Charter Act of 1853, the Central Legislative Assembly was established for the first time in the center.

  • According to the Council Act of 1861, three Indians were given the opportunity in the Central Legislative Assembly.

  • According to the Montagu-Chelmsford Reforms Act of 1919, a bicameral system was established in the center.

    • Council of State

    • Legislative Assembly

  • On February 12, 1927, Governor-General Lord Chelmsford laid the foundation stone for the Parliament building.

  • On January 18, 1927, Governor-General Lord Irwin inaugurated the Parliament building.

  • On April 3, 1952, Rajya Sabha was formed.

  • On April 17, 1952, Lok Sabha was formed.

  • On May 13, 1952, the first session of Parliament was held.

  • On December 13, 2001, terrorists attacked the Parliament building.

  • On May 13, 2012, Parliament celebrated its diamond jubilee.

  • Architect of the Old Parliament: Sir Edwin Lutyens

  • Architect of the New Parliament: Sir Edward Baker

Features of the New Parliament Building:

  • The New Parliament Building was constructed as part of the Central Vista Redevelopment Project.

  • In 2019, the Union Ministry of Housing and Urban Affairs proposed to construct the New Parliament Building.

  • On December 10, 2020, Modi laid the foundation stone for the New Parliament Building.

  • Construction work of the Parliament building started from January 15, 2021.

  • Area of the New Parliament Building: 64,500 sq.m. (16 acres)

  • Shape of the New Parliament: Triangular.

  • Year of completion of construction of the New Parliament: 2023 (May 20th).

  • On May 28, 2023, Narendra Modi inaugurated the New Parliament Building.

  • New Parliament Construction Company: TATA Project

  • Architect: Bimal Patel, belonging to HCP Planning Design & Management Private Ltd, Ahmedabad, Gujarat.

  • Total seating capacity of the New Parliament: 1272

    • Lok Sabha: 888

    • Rajya Sabha: 384

  • Lok Sabha Chamber in the New Parliament: Shaped like the national bird Peacock.

  • Rajya Sabha Chamber in the New Parliament: Shaped like the national flower-Lotus (Lotus).

  • 92 rooms have been set up in the New Parliament Building for ministers.

  • The New Parliament has 3 main entrances.

    1. Gyan Dwar (Knowledge Gate)

    2. Shakti Dwar (Power Gate)

    3. Karma Dwar (Karma Gate)

  • In the New Parliament Building, Narendra Modi installed the historic Sengol to the right of the Lok Sabha Speaker's chair.

  • Sengol belongs to the Chola dynasty.

  • Cholas used Sengol as part of the transfer of power.

  • Lord Mountbatten handed over Sengol to Jawaharlal Nehru on August 14, 1947, as part of the transfer of power.

  • A 75 rupee coin (35 grams) was released on the occasion of the inauguration of the New Parliament.

Note: On July 11, 2022, Narendra Modi unveiled the national emblem on the Parliament building.

  • As part of the Central Vista Redevelopment, the following are being newly constructed:

    1. Parliament

    2. Prime Minister's Office

    3. Vice-President's Bhavan

    4. Council of Ministers Offices

    5. MPs' Residences

Article 79: Explains about the Parliament.

  • Parliament means Lok Sabha + Rajya Sabha + President.

  • The President is not a member of Parliament.

  • But an integral part of Parliament.

  • Because all the bills approved by the Lok Sabha and Rajya Sabha become law with the assent of the President.

Rajya Sabha

Article 80: Explains about the structure of Rajya Sabha.

  • Other names:

    • Council of States

    • Upper House

    • Permanent House

    • Permanent Body

    • House of Elders

    • House of Intellectuals

    • House of States

  • The Constitution does not mention the number of members of the Rajya Sabha.

  • Parliament decides the number of members of the Rajya Sabha.

  • Maximum number of members of Rajya Sabha = 250

    • From States and Union Territories = 238 members can be represented.

    • The President nominates 12 members to the Rajya Sabha.

  • The Constitution has determined the qualifications for nominated members.

Article 80(3): According to this, the President nominates to the Rajya Sabha members who are distinguished in the fields of arts, literature, science, social service, and service sectors.

  • Current number of Rajya Sabha members = 245

  • Currently from the states = 225

  • Currently from the Union Territories = 8

  • Current number of nominated members = 12

  • 245 = Total

  • State-wise Rajya Sabha seats:

    • Uttar Pradesh - 31

    • Tamil Nadu - 18

    • West Bengal - 16

    • Bihar - 16

    • Karnataka - 12

    • Andhra Pradesh - 11

    • Madhya Pradesh - 11

    • Gujarat - 11

    • Rajasthan - 10

    • Kerala - 9

    • Telangana - 7

    • Punjab - 7

    • Assam - 6

    • Jharkhand - 6

    • Chhattisgarh - 5

    • Haryana - 5

    • Uttarakhand - 3

    • Himachal Pradesh - 3

    • Sikkim - 1

    • Nagaland - 1

    • Manipur - 1

    • Meghalaya - 1

    • Tripura - 1

    • Arunachal Pradesh - 1

    • Goa - 1

  • Union Territory-wise Rajya Sabha seats:

    • Delhi - 3

    • Jammu & Kashmir - 4

    • Puducherry - 1

  • Rajya Sabha seats are determined based on the population of the state.

  • As mentioned in the Fourth Schedule, Rajya Sabha seats are allotted to States and Union Territories.

Note: No reservations apply in Rajya Sabha.

  • Indian Rajya Sabha is compared to the American Senate. However, the American Senate has given equal representation to all states without considering their state population.

  • However, in the Indian Rajya Sabha, equal representation has not been given to all states.

  • In Rajya Sabha, only 3 Union Territories have been given opportunity.

Election of Rajya Sabha Members:

  1. India adopted the method of electing Rajya Sabha members from South Africa.

  2. Rajya Sabha has indirectly elected members & nominated members.

  3. Rajya Sabha members are elected by the members of the Legislative Assemblies of the states based on the system of Proportional Representation by means of Single Transferable Vote. (Proportional system or Andrae system).

  4. Since 2003, Rajya Sabha elections are being conducted based on the Open Ballot system for Rajya Sabha members.

Note:
(i) The Central Election Commission has issued a circular stating that NOTA can be used in Rajya Sabha elections.
(ii) On August 21, 2018, a bench headed by Supreme Court Chief Justice Dipak Misra gave a verdict.
(iii) In this case, the Supreme Court ruled that NOTA should not be used in Rajya Sabha elections. Because Rajya Sabha elections are held in an indirect manner. And elections are held through ballot paper and ballot boxes. (EVMs are not used for Rajya Sabha elections)

Article 83: Term of Parliament, Term of Rajya Sabha.
Rajya Sabha Term:

  1. Rajya Sabha is a permanent body.

  2. Rajya Sabha cannot be dissolved by anyone.

  3. The Constitution does not mention about the term of office of Rajya Sabha members.

  4. According to the Representation of the People Act of 1951, the term of office of Rajya Sabha members is - 6 years.

  5. Elections are held for Rajya Sabha every 2 years for 1/3rd of the members.

  6. All members in Rajya Sabha do not get elected at the same time & do not retire at the same time.

Article 84: Qualifications of Members of Parliament.

  1. Must be a citizen of India.

  2. Rajya Sabha minimum age must be 30 years.

  3. Must not hold any office of profit.

  4. Must possess other qualifications prescribed by Parliament.

  5. A candidate contesting for Rajya Sabha must be a resident of the state from which they are contesting.

    • Must be registered as a voter in that state, there is a condition.

  6. In 2003, the Representation of the People Act (1951) was amended, and any person in the country, from any state, can contest for Rajya Sabha.

Article 99: Oath of Office.

  • Members of Parliament take oath of office in the presence of the President or in the presence of a person appointed by the President.

Article 101(3): Resignation.

  • Explains about the resignation of Members of Parliament.

  • Rajya Sabha members shall submit their resignation letter to the Chairman of the Rajya Sabha. In the absence of the Chairman, the Deputy Chairman shall submit.

  • In 1974, through the 33rd Constitutional Amendment, it was decided that the resignation made by the members is accepted only after the Speaker determines whether it is voluntary or not.

Article 89: Chairman and Deputy Chairman of Rajya Sabha.

  • The Vice-President of India presides over the meetings of the Rajya Sabha.

  • When the Chairman is absent, members of the Rajya Sabha elect one of themselves as the Deputy Chairman to preside over the House.

  • If the post of Deputy Chairman falls vacant, another person should be elected as Deputy Chairman as soon as possible.

Article 90: Explains about the Deputy Chairman, vacancy, resignation, and removal procedure.

  • If the Deputy Chairman loses membership of the Rajya Sabha, they shall vacate their office.

  • The Deputy Chairman shall submit their resignation letter to the Chairman of the Rajya Sabha.

  • A 14-day advance notice must be given before introducing a resolution to remove the Deputy Chairman of the Rajya Sabha.

  • The resolution to remove the Deputy Chairman must then be approved by a 'majority of the members present' in the House. (By Absolute Majority).

  • This bill is not sent to the Lok Sabha.

Article 91: If the posts of Chairman of Rajya Sabha and Deputy Chairman of Rajya Sabha fall vacant for any reason, the person appointed by the President presides over the meetings.

  • If the Chairman and Deputy Chairman of Rajya Sabha are absent, the 'Panel of Chairmen' presides over the House.

  • Panel of Chairmen are appointed by the Chairman of Rajya Sabha.

Article 92: In the following circumstances, the Chairman of the Rajya Sabha and the Deputy Chairman shall not preside over the House.

  • When a resolution to remove the Chairman of the Rajya Sabha or the Deputy Chairman is under consideration in the Rajya Sabha, whomever the removal resolution is under consideration, they shall not preside over that House.

  • When removing the Chairman (or) Deputy Chairman, they may attend the House. Can participate in the discussion. Only the Deputy Chairman has the right to vote on the resolution to remove them. (The Chairman of the Rajya Sabha does not have the right to vote on the resolution to remove them).

Special Powers of Rajya Sabha:

  • According to Article 249, if the Rajya Sabha believes that any matter in the State List is of national importance and Parliament should legislate on such matter, that resolution must first be introduced in the Rajya Sabha.

  • If this resolution is passed by a 2/3rd majority of those present and voting in the Rajya Sabha, Parliament may legislate.

  • This law can be made to apply to the whole country or to some parts.

  • The law made in the above manner shall be in force for one year.

  • If Rajya Sabha approves with 2/3rd majority, it can be extended for another year.

  • This way, with the approval of Rajya Sabha, it can be extended every year.

  • After the national importance is over, it will remain in force for 6 months after one year.

Article 312: According to this, if a new All India Service is to be established, the first resolution must be approved by the Rajya Sabha with a 2/3rd majority, and Parliament shall enact a law as per that resolution.

  • Rajya Sabha has passed such resolutions on two occasions.

    1. 1961 Indian Service of Engineers

    2. Indian Forest Service

    3. Indian Medical & Health Service (Proposed)

    4. 1965 Indian Agriculture Service

    5. Indian Educational Service

Note: Only Indian Forest Service came into force among these.

Article 67(b): The resolution to remove the Vice-President must first be introduced in the Rajya Sabha.

Other Important Points:

  • First Chairman of Rajya Sabha: Sarvepalli Radhakrishnan

  • First Deputy Chairman of Rajya Sabha: S.V. Krishnamurthy Rao

  • First Leader of Rajya Sabha: Gopalaswami Ayyangar.

  • First Leader of Opposition in Rajya Sabha: Kamalapati Tripathi (First recognized Leader of Opposition)

Note: Parliament passed the Leader of Opposition Act in 1977.

  • To get the status of Leader of Opposition in Lok Sabha (or) Rajya Sabha, 1/10th of the total seats must be won.

  • Current Chairman of Rajya Sabha: Jagdeep Dhankhar

  • Current Deputy Chairman of Rajya Sabha: Harivansh Narayan Singh

  • Current Leader of Rajya Sabha: Piyush Goyal

  • Current Leader of Opposition in Rajya Sabha: Mallikarjun Kharge.

  • Women who served as Deputy Chairman of Rajya Sabha:

    1. Violet Alva

    2. Najma Heptulla

    3. Pratibha Patil

  • Person who served as Deputy Chairman of Rajya Sabha for the longest time in India: Najma Heptulla.

  • Person who served as Deputy Chairman for the shortest period: Jacob.



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