Chapter II

CHAPTER II

Composition of Parliament

The Parliament of India is a bicameral Legislature and is composed of thePresident, the Council of States (Rajya Sabha) and the House of the People(Lok Sabha)1. These three constituent parts collectively constitute the Parliament.

President

The President is an integral part of the Parliament though he is not a memberof either House of Parliament. The powers of the President and his position in relationto Parliament are described in Chapter III, and election to the Office of the President,his term of Office, oath of Office, etc. are explained in Chapter V.

Rajya Sabha

The Rajya Sabha consists of twelve members nominated by the President andnot more than two hundred and thirty-eight representatives of the States and theUnion territories2. The members nominated by the President consist of persons havingspecial knowledge or practical experience in respect of such matters as literature,science, art and social service3.

The allocation of seats in the Rajya Sabha to be filled by representatives of theStates and of the Union territories is in accordance with the provisions in that behalfcontained in the Fourth Schedule4 to the Constitution.

The Rajya Sabha was duly constituted for the first time on 3 April 19525. Itconsisted of 216 members. Of these, 12 members were nominated by the President.The remaining 204 members were elected to represent the States6. The four represen-tatives of the Jammu and Kashmir State were chosen by the President in consultationwith the Government of the State as required by the Constitution (Application to

1. Art. 79.

On 14 May 1954, Speaker Mavalankar announced that the House of the People would thereafterbe known as the “Lok Sabha”. On 23 August 1954, the Chairman of the Council of Statesannounced a similar decision changing the name of the Council of States as the “Rajya Sabha”from that date, L.S. Deb., 14-5-1954, cc. 7388-90 and R.S. Deb., 23-8-1954, cc. 35-37.

The terms “Lok Sabha” and “Rajya Sabha” were used for the first time in an amendment to theDelhi (Control of Building Operations) Bill, 1955, which was adopted by the House.

2. Art. 80(1).

3. Art. 80(3).

4. Art. 80(2).

5. The first sitting of the Rajya Sabha was held on 13 May 1952.

6. 145 members represented Part A States, 49 members Part B States and 10 members Part C Statesas laid down in the then Fourth Schedule to the Constitution.

14 Practice and Procedure of Parliament

Jammu and Kashmir) Order, 19507. In actual practice, the State Government actedupon a unanimous resolution of the Constituent Assembly of that State in recommendingthe names of the persons to be chosen by the President. Consequent on the formationof new States, the number of elective seats in the Rajya Sabha allotted to States andUnion territories has increased, from time to time8. The total number of seats in theRajya Sabha9 at present is 245, including the 12 members nominated by the President.The allocation of the 233 seats to be filled by representatives elected throughproportional representation by means of the single transferable vote is as follows10 :—

States No. of Seats States No. of Seats

Andhra Pradesh 18 Manipur 1

Arunachal Pradesh 1 Meghalaya 1

Assam 7 Mizoram 1

Bihar 1611 Nagaland 1

Chhattisgarh14 5 Orissa 10

Goa 1 Punjab 7

Gujarat 11 Rajasthan 10

Haryana 5 Sikkim 1

Himachal Pradesh 3 Tamil Nadu 18

Jammu and Kashmir 4 Tripura 1

Jharkhand14 6 Uttarakhand15 314

Karnataka 12 Uttar Pradesh 313

Kerala 9 West Bengal 16

Madhya Pradesh 1112 Union territories

Maharashtra 19 Delhi 3

Puducherry16 1

7. According to the terms of the Constitution (Application to Jammu and Kashmir) Order of 14 May1954, all future vacancies in the Rajya Sabha arising in the State of Jammu and Kashmir shallbe filled by election by the elected members of the Jammu and Kashmir Legislative Assembly. Thefirst such election took place in November 1954.

8. The number of elective seats in the Rajya Sabha, from time to time, has been: 1952: 204;1954: 207; 1956: 220; 1960: 224; 1964: 226; 1966: 228; 1972: 231; 1976: 232 and 1987(onwards): 233.

9. For details regarding evolution, composition, powers and position of the Rajya Sabha, see,Rajya Sabha at Work, Rajya Sabha Secretariat New Delhi, 2006.

10. Fourth Schedule to the Constitution, as amended by the Constitution (Fifty-sixth Amendment)Act, 1987.

11. The Bihar Reorganization Act, 2000.

12. The Madhya Pradesh Reorganization Act, 2000.

13. The Uttar Pradesh Reorganization Act, 2000.

14. Three States, namely, Chhattisgarh, Jharkhand and Uttaranchal were created by theMadhya Pradesh Reorganization Act, 2000, the Bihar Reorganization Act, 2000 and theUttar Pradesh Reorganization Act, 2000, respectively.

15. The Uttaranchal (Alteration of Name) Act, 2006 altered the name of the State as “Uttarakhand”.

16. The Pondicherry (Alteration of Name) Act, 2006 altered the name of the Union territory asPuducherry.

Composition of Parliament 15

The Rajya Sabha is not subject to dissolution, but as nearly as possible, one-third of its members retire as soon as may be on the expiration of every second yearin accordance with the provisions made in that behalf by Parliament by law17. Theterm of office of members begins–(i) in case of members elected/ nominated biennially,from the date on which their names are notified by the Government of India in theOfficial Gazette18; and (ii) in case of member elected/nominated to fill a casualvacancy, from the date of publication in the Official Gazette of the declaration ofelection of such person, or of the Notification announcing the nomination of suchperson, as the case may be19.

The normal term of office of a member of the Rajya Sabha is six years fromthe date of election or nomination20. However, a member elected or nominated to filla casual vacancy holds office for the remainder of the term which his predecessorwould have held21.

Lok Sabha

The Lok Sabha22 at present consists of not more than five hundred and thirtymembers chosen by direct election from territorial constituencies in the States23, andnot more than twenty members to represent the Union territories24, chosen in suchmanner as Parliament by law provides25. The limit on the maximum number of memberschosen directly from territorial constituencies in States may be exceeded if such anincrease is incidental to reorganisation of States by an Act of Parliament26.

17. Art. 83(1).

The procedure regarding periodic retirement of one-third of the members of the Rajya Sabha hasbeen laid down in (i) the Representation of the People Act, 1951 (R.P. Act), s. 154; and (ii) theCouncil of States (Term of Office of Members) Order, 1952.

18. The Representation of the People Act, 1951, s. 155(1).

19. Ibid., s. 155(2).

20. Ibid., s. 154(1).

21. Ibid., s. 154(3).

22. The Lok Sabha was duly constituted for the first time on 17 April 1952. In the first Lok Sabha,there were 499 seats. Out of these, 489 were filled by persons chosen by direct election fromterritorial constituencies by adult suffrage, 2 persons nominated by the President under article 331to represent the Anglo-Indian community and 8 persons nominated by the President under specialcircumstances (one to represent Part B Tribal areas of Assam, six to represent Jammu and Kashmirand one to represent Andaman and Nicobar Islands).

23. Under the Constitution (Seventh Amendment) Act, 1956, the maximum number was fixed as 500.This was increased to 525 by the Constitution (Thirty-first Amendment) Act, 1973, and has beenfurther increased to 530 by the Goa, Daman and Diu Reorganisation Act, 1987.

24. Under the Constitution (Seventh Amendment) Act, 1956, the maximum number was fixed as 20.The maximum number which was increased to 25 by the Constitution (Fourteenth Amendment)Act, 1962 was again decreased to 20 by the Constitution (Thirty-first Amendment) Act, 1973.

25. Art. 81(1).

26. As a result of amendment of article 81 of the Constitution by Section 63 of the Goa, Daman andDiu Reorganisation Act, 1987, the number of members of the Lok Sabha from States wereincreased to 530.

See also Mangal Singh v. Union of India, (A.I.R. 1967 S.C. 944) wherein the validity of theprovisions of the Punjab Reorganisation Act, 1966. Providing that the membership of the LegislativeAssembly of Haryana shall be below the minimum prescribed by article 170(1), i.e. 60 members,was upheld by the Supreme Court.


The President is empowered27, if he is of opinion that the Anglo-Indiancommunity is not adequately represented in the House, to nominate not more than twomembers of that community to the Lok Sabha28.

For the purpose of election from territorial constituencies in the States, a numberof seats are allotted to each State in the Lok Sabha in such manner that the ratiobetween that number and the population of the State is, so far as practicable, the samefor all States. Each State is thereafter divided into territorial constituencies in suchmanner that the ratio between the population of each constituency and the number ofseats allotted to it, so far as practicable, is the same throughout the State29. Theexpression “population” means the population as ascertained at the last precedingcensus of which the relevant figures have been published. But, until the relevantfigures for the first census taken after the year 2026 have been published, the referenceto the last preceding census is to be construed as reference to the 1971 census30.However, for the purpose of allocation of seats, in the House of the People, each Stateshall be divided into territorial constituencies in such manner that the ratio betweenthe population of each constituency as per 2001 census and the number of seatsallotted to it, so far as practicable, be the same throughout the State.

The allocation of seats in the Lok Sabha to the States and the division of eachState into territorial constituencies are readjusted by such authority and in such manneras Parliament determines by law, but such readjustment does not affect representationin the Lok Sabha until the dissolution of the then existing House. The readjustmentof territorial constituencies takes effect from such date as the President specifies byorder, and until such readjustment takes effect, any election to the House is held onthe basis of the territorial constituencies existing before such readjustment31.

27. Art. 331.

28. Two members of the Anglo-Indian community have been nominated by the President in all theLok Sabhas so far.

29. Art. 81(2). This is not, however, applicable to any State as long as the population of that Statedoes not exceed six million.

30. Art. 81(3).

31. Art. 82.

The delimitation of constituencies has been done by the Delimitation Commission. Under theDelimitation Commission Act, 1952 (since repealed), the Commission was required first to publishits proposals in respect of the determination of numbers and then again in respect of the distributionof seats and delimitation of constituencies. After considering any objections and suggestionsreceived in regard to them, the Commission was to determine the matters by one or more “final”orders. Each of the “final” orders was to be published in the Gazette and upon such publication,the order had the “full force of law”. Under the Delimitation Commission Act, 1962, (alsorepealed) the Commission was authorised by order to determine forthwith the number of seats inthe Lok Sabha on the basis of the latest census figures and having regard to the constitutionalprovisions on the subject. The Commission was required to publish only the proposals for thedelimitation of constituencies and after considering objections and suggestions received thereonto determine by one or more orders the delimitation of constituencies. Each of such orders hadto be published in the Gazette and, upon publication, every such order had the “force of law”.During discussion on the Delimitation Commission Bill, 1962, an amendment was moved by amember for omission of the word “full” from the expression “full force of law” which was agreedto by the House.—L.S. Deb., 3-12-1962, cc. 4205-08.


Seats are reserved in the Lok Sabha for the Scheduled Castes and the ScheduledTribes in almost all the States and some Union territories32.

The number of seats reserved in any State or Union territory for the ScheduledCastes or the Scheduled Tribes bears, as nearly as may be, the same proportion to thetotal number of seats allotted to that State or Union territory in the Lok Sabha as thepopulation of the Scheduled Castes or of the Scheduled Tribes in that State or Unionterritory or part thereof, as the case may be, in respect of which seats are so reserved,bears to the total population of the State or Union territory33. But the number of seatsreserved in the Lok Sabha for the Scheduled Tribes in the autonomous districts ofAssam has to bear to the total number of seats allotted to that State, a proportion notless than what the population of the Scheduled Tribes in the said autonomous districtsbears to the total population of the State. The expression “population” used here bearsthe same connotation as used in article 81(3)34.

A member of a Scheduled Caste or Scheduled Tribe does not forego his rightto seek election from the general seat, merely because he has the additional concessionof contesting from a reserved seat by making the prescribed declaration for thatpurpose35.

Under the Delimitation Act, 1972, the Commission is required to readjust allocation of seats inthe Lok Sabha on the basis of the latest census figures. In other respects, the provisions made inthe Act follow the pattern of the provisions contained in the Delimitation Commission Act, 1962.

Delimitation of constituencies was first effected in 1952 and then in 1956. It was again effectedin 1961 under Section 7 of the Two-Member Constituencies (Abolition) Act, 1961. The delimitationof constituencies was effected in accordance with the census of 1961 before the 1967 generalelections. Again, this was done in accordance with the census of 1971 and the DelimitationCommission completed its work (except in respect of the then Union territory ofArunachal Pradesh) before the 1977 general elections. The Delimitation of Parliamentary andAssembly Constituencies Order, 1976, was made by the Election Commission on 1 December1976. The Constitution (Eighty-fourth Amendment) Act, 2001 and the Constitution (Eighty-seventhAmendment) Act, 2003 have, inter alia amended articles 81, 82, 170, 330 and 332 of theConstitution. Accordingly, a new Delimitation Commission was constituted by the DelimitationAct, 2002 (No. 33 of 2002) and the Delimitation Act, 1972 stands repealed. As on 17 August2007, the Delimitation Commission had issued Notifications in respect of 25 States.

32. To facilitate adequate representation to the Scheduled Castes and the Scheduled Tribes, theDelimitation Commission Act, 1952 provided that all parliamentary and Assembly constituenciesshould be either single-member or two-member constituencies, that wherever practicable, seatsshould be reserved for the Scheduled Castes or the Scheduled Tribes in single-member constituenciesand that in every two-member constituency, one seat should be reserved either for the ScheduledCastes or for the Scheduled Tribes and the other seat should be a general seat.

The two-member constituencies were, however, considered not viable by the political parties sincetheir contesting candidates had to cover double the area, canvass twice the number of electors andconsequently incur twice the expense, as compared to those candidates who stood for electionfrom single-member constituencies. From the administrative point of view also, these large two-member constituencies were found difficult to manage. There was, therefore, demand for doingaway with the double-member constituencies and as a result, the Two-member Constituencies(Abolition) Act, 1961 was passed. The task of dividing each one of these constituencies into twocompact and convenient single-member constituencies and deciding in which of them the seatshould be reserved for the Scheduled Castes or Scheduled Tribes was given to the ElectionCommission.

33. Art. 330(2).

34. Art. 330 (3).

35. V.V. Giri v. D. Suri Dora, A.I.R. 1959 S.C. 1318.


The total number of seats in the Lok Sabha is 545 out of which two seats torepresent the Anglo-Indian community are filled by nomination by the President. Theelective seats numbering 543 are filled by persons chosen by direct election36. Theallocation of seats to the States and the Union territories and the number of seats, ifany, reserved for the Scheduled Castes and the Scheduled Tribes of each State andUnion territory are as under37:

Name of State/ Total No. Reserved for the Reserved forUnion territory of Seats Scheduled Castes the Scheduled

Tribes

1 2 3 4

I. States

1. Andhra Pradesh 42 6 2

2. Arunachal Pradesh 2 - -

3. Assam 14 1 2

4. Bihar 40 7 -

5. Chhattisgarh 11 - -

6. Goa 2 - -

7. Gujarat 26 2 4

8. Haryana 10 2 -

9. Himachal Pradesh 4 1 -

10. Jammu & Kashmir 6 - -

11. Jharkhand 14 1 5

12. Karnataka 28 4 -

13. Kerala 20 2 -

14. Madhya Pradesh 29 6 9

15. Maharashtra 48 3 4

16. Manipur 2 - 1

17. Meghalaya 2 - -

18. Mizoram 1 - 1

19. Nagaland 1 - -

20. Orissa 21 3 5

21. Punjab 13 3 -

22. Rajasthan 25 4 3

23. Sikkim 1 - -

24. Tamil Nadu 39 7 -

36. The Representation of the People Act, 1950, s. 4.

37. First Schedule to the Representation of the People. Act, 1950, as amended by the Representationof the People (Amendment) Act, 1976 and as further amended by the Constitution (Fifty-thirdAmendment) Act, 1986.


1 2 3 4

25. Tripura 2 - 1

26. Uttar Pradesh 80 18 -

27. Uttarakhand 5 - -

28. West Bengal 42 8 2

II. Union Territories

1. Andaman and Nicobar Islands 1 - -

2. Chandigarh 1 - -

3. Dadra and Nagar Haveli 1 - 1

4. Daman and Diu 1 - -

5. National Capital Territory of Delhi 7 1 -

6. Lakshadweep 1 - 1

7. Puducherry38 1 - -

Total 543 79 41

The provisions of the Constitution relating to the reservation of seats for theScheduled Castes and the Scheduled Tribes and the representation of theAnglo-Indian community in the Lok Sabha shall cease to have effect on the expirationof a period of sixty years from the commencement of the Constitution39. Therepresentation in the Lok Sabha will, however, not be affected until the dissolution ofthe then existing House.

Unless sooner dissolved, the Lok Sabha continues for five years from the dateappointed for its first meeting and no longer, as the expiration of the period offive years operate as a dissolution of the House40. However, while a Proclamation ofEmergency is in operation, this period may be extended by Parliament by law for aperiod not exceeding one year at a time and not exceeding in any case beyond aperiod of six months after the Proclamation has ceased to operate. The five-year termof the Fifth Lok Sabha was to have normally expired on 18 March 1976. Havingregard to the Proclamations of Emergency issued on 3 December 1971 and25 June 1975, which were in operation, the life of the Fifth Lok Sabha was extendedfirst on 4 February 1976 by a period of one year and again on 5 November 1976 byanother period of one year upto 18 March 197841.

38. The Pondicherry (Alteration of Name) Act, 2006 altered the name of the Union territory asPuducherry.

39. Art. 334. Originally, the period was for ‘ten years’. It was raised to ‘twenty years’ by the Constitution(Eighth Amendment) Act, 1959; to ‘thirty years’, by the Constitution (Twenty-third Amendment)Act, 1970; to ‘forty years’ by the Constitution (Fifty-fifth Amendment) Act, 1980; to ‘fifty years’by the Constitution (Sixty-second Amendment) Act, 1989; and to ‘sixty years’ by the Constitution(Seventy-ninth Amendment) Act, 1999.

40. Art. 83(2). Originally, the life of the Lok Sabha was for five years. It was raised to six years bythe Constitution (Forty-second Amendment) Act, 1976. It was again reduced to five years by theConstitution (Forty-fourth Amendment) Act, 1978.

41. The House of the People (Extension of Duration) Act, 1976 and the House of the People (Extensionof Duration) Amendment Act, 1976.


The dissolution of the Lok Sabha before the completion of its full term is notunconstitutional42. The Fourth Lok Sabha was dissolved on 27 December 1970 aftera span of three years and 285 days43. The Fifth Lok Sabha was dissolved on18 January 1977, before the completion of its extended term. The Sixth Lok Sabhawas dissolved on 22 August 1979, before the completion of its term. The Ninth, theEleventh and the Twelfth Lok Sabhas were also dissolved on 13 March 1991,4 December 1997 and 26 April 1999, respectively, before the completion of theirterms. While the Thirteenth Lok Sabha was dissolved by the President on 6 February2004, the Fourteenth Lok Sabha was dissolved on 18 May 2009.

42. The Second Lok Sabha was dissolved by the President on 31 March 1962, when it had notcompleted the full term of five years as laid down in article 83(2) of the Constitution. A Petition,filed by Dr. N.C. Samant Sinha before the Circuit Bench of the Punjab High Court at Delhi underarticle 226, praying that a rule nisi be issued (and in the interval respondents be directed not toproceed with the summoning of the Third Lok Sabha on 16 April 1962) declaring the prematuredissolution void and ineffective, was dismissed by the High Court on 4 April 1962.

43. The main consideration for dissolution of the Fourth Lok Sabha was the Government’s desire toseek a fresh mandate from the people to enable the Government to implement effectively itsprogrammes and policies. This was because of the split of the Congress Party, into two,viz. Congress (I) and Congress (O) in November 1969, the party [Congress (I)] forming theGovernment had lost its majority in the House.

Documents

Chapter II