School of Law Jithin 2023 24 Parliament Composition and Privileges

Summary

This module explores the constitutional framework of India's legislatures, detailing the structure, composition, and privileges of both the Parliament and state legislatures. It highlights the bicameral nature of Parliament, comprising the Lok Sabha and Rajya Sabha, and their respective roles in representing the people and states. Key aspects include eligibility criteria, disqualifications, and parliamentary privileges that ensure legislative independence. The session sets a foundational understanding of the legislative processes in India, preparing students for deeper discussions on bill passage and legislative procedures.

Takeaways

• 😀 The Indian Parliament consists of two houses: Lok Sabha (House of the People) and Rajya Sabha (Council of States).
• 🏛️ Lok Sabha is made up of directly elected representatives from constituencies, with a maximum strength of 550 members.
• 🌍 Rajya Sabha has a total of 250 members, with 238 elected and 12 nominated by the President based on expertise in various fields.
• 🗳️ Elections for Lok Sabha members are direct, while Rajya Sabha members are elected by the legislative assemblies of the states.
• 📅 The tenure for Lok Sabha members is 5 years, whereas Rajya Sabha members serve for 6 years with staggered elections every two years.
• 🇮🇳 To qualify for Lok Sabha, one must be at least 25 years old; for Rajya Sabha, the minimum age is 30 years, with Indian citizenship required for both.
• ❌ Disqualifications for membership include loss of Indian citizenship, unsoundness of mind, insolvency, and holding an office of profit.
• 🔒 The anti-defection law restricts members from switching political parties to promote stability and integrity within the legislature.
• 💬 Parliamentary privileges include freedom of speech within Parliament and immunity from legal proceedings related to parliamentary actions.
• ⚖️ Breaches of parliamentary privileges can result in contempt of Parliament, allowing for disciplinary actions against offenders.

Q & A

What is the primary focus of the lecture regarding the legislatures in India?

The lecture focuses on the constitutional framework of the legislatures in India, particularly the composition, privileges, and procedures for passing laws in both Parliament and state legislatures.

How is the Parliament of India structured?

The Parliament of India is bicameral, consisting of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), along with the President, who is also part of Parliament.

What are the differences between the Lok Sabha and Rajya Sabha?

The Lok Sabha is composed of directly elected representatives from territorial constituencies, while the Rajya Sabha represents states and union territories, with members elected by state legislative assemblies and some nominated by the President.

What is the maximum membership of the Rajya Sabha, and how are its members elected?

The Rajya Sabha can have a maximum of 250 members, with 238 elected and 12 nominated by the President based on their special knowledge or experience in fields like literature, science, and social service.

How are seats allocated in the Rajya Sabha?

Seats in the Rajya Sabha are allocated based on the population of each state and union territory, which differs from systems like the U.S. Senate that provide equal representation to all states.

What is the tenure for members of the Lok Sabha and Rajya Sabha?

Members of the Lok Sabha serve a term of 5 years, while members of the Rajya Sabha serve a term of 6 years, with one-third of Rajya Sabha members retiring every two years.

What qualifications are required to become a member of the Lok Sabha or Rajya Sabha?

To become a member, one must be an Indian citizen, at least 25 years old for Lok Sabha and 30 years old for Rajya Sabha, and must take an oath of office.

What are some grounds for disqualification from membership in Parliament?

Grounds for disqualification include unsoundness of mind, insolvency, holding an office of profit, and violations of the anti-defection law.

What are parliamentary privileges, and why are they important?

Parliamentary privileges, derived from the British parliamentary system, include freedom of speech in Parliament and immunity from court proceedings. They are important for ensuring the effective functioning of the legislature without external interference.

What does the anti-defection law aim to achieve in the context of parliamentary membership?

The anti-defection law aims to prevent members from switching political parties, thereby promoting stability and accountability within the political system.