Indian Constituition & Polity

Parts of the Constitution

Part - I (Article 1 - 4)Deals with territory of India formation of new states, alterations, names of existing states.
Part - II (Art. 5 - 11)Deals with various rights of citizenship.
Part - III (Art. 12 - 35)Deals with fundamental rights of Indian citizens. (Art. 31 - dealing with the right to property was deleted by 44th amendment).
Part - IV (Art. 36-51)Deals with Directive Principles of State Policy.
Part - IV - A (Art. 51A)Added by 42nd amendment in 1976. Contains the duties of the citizens.
Part - V (Art. 52 - 151)Deals with govt. at the Union Level. (Duties & Function of PM, Ministers, Presidents, Attorney General, Parliament - Lok Sabha & Rajya Sabha, Comptroller & Auditor General).
Part - VI (Art. 152 - 237)Deals with govt. at the State Level. (Duties & functions of Chief Minister & his ministers, Governor, State legislature, High Court, Advocate General of the State).
Part - VII (Art. 238)Deals with States, was replaced in 1956 by the 7th amendment.
Part - VIII (Art. 239 - 241)Deals with Union Territories.
Part - IXConsists of 2 parts:
1. Added by 73rd amendment in 1992. Contains a new schedule 'SCHEDULE ELEVEN'. It contains 29 subjects related to Panchayati Raj. (They have been given administrative powers).
2. Added by 74th amendment in 1992. Contains a new schedule 'SCHEDULE TWELVE'. It contains 18 subjects related to Municipalities. (They have been given administrative powers).
Part - X (Art. 244, 244A)Deals with Scheduled & Tribal Areas.
Part - XI (Art. 245 - 263)Deals with relation between Union & States.
Part - XII (Art. 264 - 300A)Deals with distribution of revenue between Union & States, appointment of Finance Commission (Article 280), contracts, liabilities etc.
Part - XIII (Art.301 - 307)Relates to trade, commerce & intercourse within the Territory of India.
Part - XIV (Art.308 - 323)Deals with UPSC and Public Service Commissions.
Part - XV (Art.324 - 329)Deals with elections (Also Election Commission)
Part - XVI (Art.330 - 342)Deals with special provisions for Scheduled Castes & Scheduled Tribed & Anglo - Indian Representation.
Part - XVII (Art. 343 - 351)Relates to official language.
Part, XVIII (Art.352 - 360)Deals with emergency provisions.
Part - XIX (Art.361 - 367)Exemption of criminal proceedings for their official acts as President & Governors.
Part - XX (Art. 368)Deals with Amendment of Constitution.
Part - XXI (Art.369 - 392)(Art-369 gives temporary powers to the Parliament to make laws for State list).
(Art -370 contains temporary provisions of J & K - Restricts the parliament to make laws for that State).
Part - XXII (Art.393 - 395)Concerns the short title, commencement and repeal of the Constitution.
Part - XIV - A (Art.323A, 323B)By 42nd amendment in 1976. Deals with administrative tribunals set up by parliament to hear disputes & complaints regarding Union, States or local govt.Employees.

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Parliament

Parliament is the supreme legislative body of India. The Indian Parliament comprises of the President and the two Houses-Lok Sabha (House of the People) and Rajya Sabha (Council of States). The President has the power to summon and prorogue either House ofParliament or to dissolve Lok Sabha.


The Constitution of India came into force on January 26, 1950. The first general elections under the new Constitution were held during the year 1951-52 and the first elected Parliament came into being in April, 1952, the Second Lok Sabha in April, 1957, the Third Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May, 1996, the Twelfth Lok Sabha in March, 1998 and Thirteenth Lok Sabha in October, 1999.




Visit the Parliament of India Website(External website that opens in a new window)
Rajya Sabha

The origin of Rajya Sabha can be traced back to 1919, when in pursuance to the Government of India Act, 1919, a second chamber known as the Council of States was created. This Council of States, comprising of mostly nominated members was a deformed versionof second chamber without reflecting true federal features. The Council continued to function till India became independent. The Rajya Sabha, its Hindi nomenclature was adopted in 23 August, 1954.


The Rajya Sabha is to consist of not more than 250 members - 238 members representing the States and Union Territories, and 12 members nominated by the President.


Rajya Sabha is a permanent body and is not subject to dissolution. However, one third of the members retire every second year, and are replaced by newly elected members. Each member is elected for a term of six years.


The Vice President of India is the ex-officio Chairman of Rajya Sabha. The House also elects a Deputy Chairman from among its members. Besides, there is also a panel of "Vice Chairmen" in the Rajya Sabha. The senior most Minister, who is a member of Rajya Sabha, is appointed by the Prime Minister as Leader of the House.




More information of Rajya Sabha(External website that opens in a new window)
Lok Sabha

Parliamentary institutions in India, with all their modern ramifications, owe their origin to India's British connections. Until1853, there was no legislative body distinct from the Executive. The Charter Act of 1853, for the first time provided some sortof a legislature in the form of a 12 member Legislative Council. The Indian Independence Act, 1947 declared the Constituent Assembly of India to be a full sovereign body. Apart from being a Constitution drafting body, it also assumed full powers for the governance of the country. With the coming into force of the Constitution on 26 January, 1950, the Constituent Assembly functioned as the Provisional Parliament until the first Lok Sabha, then known as the House of People, and was constituted following General Elections in 1952. Lok Sabha, the Hindi nomenclature was adopted on 14 May, 1954.


The Lok Sabha is composed of representatives of people chosen by direct election on the basis of Universal Adult Suffrage. The Constitution provides that the maximum strength of the House be 552 members - 530 members to represent the States, 20 members to represent the Union Territories, and 2 members to be nominated by the President from the Anglo-Indian Community. At present, thestrength of the House is 545 members.


The term of the Lok Sabha, unless dissolved, is five years from the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case, beyond a period of six months after the proclamation has ceased to operate.




More information of Lok Sabha(External website that opens in a new window)
Difference between Lok Sabha and Rajya Sabha
1.Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya Sabha are elected by the elected members of State Legislative Assemblies in accordance with the system of proportional representation by means of single transferable vote.
2.The normal life of every Lok Sabha is 5 years only while Rajya Sabha is a permanent body.
3.Lok Sabha is the House to which the Council of Ministers is responsible under the Constitution. Money Bills can only be introduced in Lok Sabha. Also it is Lok Sabha, which grants the money for running the administration of the country.
4.Rajya Sabha has special powers to declare that it is necessary and expedient in the national interest that Parliament may make laws with respect to a matter in the State List or to create by law one or more all-India services common to the Union and theStates.
Functions and Powers

The cardinal functions of the Legislature include overseeing of administration, passing of budget, ventilation of public grievances, and discussing various subjects like development plans, international relations, and national policies. The Parliament can,under certain circumstances, assume legislative power with respect to a subject falling within the sphere, exclusively reservedfor the states. The Parliament is also vested with powers to impeach the President, remove judges of Supreme and High Courts, the Chief Election Commissioner, and Comptroller and Auditor General in accordance with the procedure laid down in the Constitution. All legislation requires the consent of both Houses of Parliament. In the case of Money Bills, the will of the Lok Sabha prevails. The Parliament is also vested with the power to initiate amendments in the Constitution.


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Parliament of India

LOK SABHA:

*.Maximum strength - 550 + 2 nominated members. (530 - States/ 20 - Union Territories)
*.Present strength of Lok Sabha - 545.
*.The Eighty Fourth Amendment, 2001, extended freeze on Lok Sabha and State Assembly seats till 2026.
*.The normal tenure of the Lok Sabha is five years, but it may be dissolved earlier by the President. The life of the Lok Sabhacan be extended by the Parliament beyond the five year term, when a proclamation of emergency under Article 352 is in force. But the Parliament cannot extend the normal life of the Lok Sabha for more than one year at a time (no limit on the number of times in the Constitution).
*.The Candidate must be: (a) Citizen of India. (b) Atleast 25 yrs of age. (c ) Mustn't hold any office of profit. (d) No unsound mind/ insolvent. (e) Has registered as voter in any Parliamentary Constituency.
*.Oath of MPs is conducted by the Speaker. Can resign, by writing to Speaker.
*.Presiding officer is Speaker (In his absence Deputy Speaker). The members among themselves elect him.
*.The Speaker continues in office even after the dissolution of the Lok Sabha till a newly elected Lok Sabha meets.
*.Usually the Speaker, after his election cuts-off all connection with his party & acts in an impartial manner. He does not vote in the first instance, but exercises his casting vote only to remove a deadlock.
*.Charges his salary from Consolidated Fund of India.
*.Speaker sends his resignation to deputy Speaker.
*.The Majority of the total membership can remove Speaker after giving a 14 days notice. (During this time, he doesn't preside over the meetings). After his removal, continues in office till his successor takes charge.
RAJYA SABHA
*.Maximum Strength - 250 {Out of these, President nominates 12 amongst persons having special knowledge or practical experiencein the fields of literature, science, art and social service}.
*.Presently, the Parliament, by law, has provided for 233 seats for the States and the Union Territories. The total membership of Rajya Sabha is thus 245.
*.All the States and the Union Territories of Delhi and Pondicherry are represented in the Rajya Sabha.
*.Representatives of the State are elected by members of State legislative assemblies on the basis of proportional representation through a single transferable vote.
*.There are no seats reserved for Scheduled Castes and Scheduled Tribes in Rajya Sabha.
*.The candidate must be:A (a) Citizen of India.A (b) 30 yrs of age. (c ) Be a parliamentary elector in the State in which he isseeking election. (d) Others as prescribed by parliament from time-to-time.
*.The Rajya Sabha MPs are elected for a term of 6 years, as 1/3rd members retire every 2 years.
*.Vice-President is the ex-officio chairman of Rajya Sabha. He presides over the proceedings of the Rajya Sabha as long as he does not act as the President of India during a vacancy in the office of the President of India.
*.Also a deputy chairman is elected from its members.
*.In Rajya Sabha any bill can originate, apart from money bill (including budget).