Parliament of India: Structure & Functions Explained

संसद (Parliament) — a place that decides which side of the road we will walk on, how long a murderer will be jailed, and whether one can vote at 18 or not.

Sounds distant? Formal? Let’s change that.

Because what happens inside that iconic triangular building in Delhi doesn't just affect netas and newsrooms — it shapes OUR life. From the price of petrol to your right to protest — every law, every amendment, every heated mic-off moment in Parliament eventually shows up in our everyday.

So, what exactly is the Parliament of India? Who sits there — and how did they even get those seats? What's the big deal about the Lok Sabha and the Rajya Sabha? And no, they're not just twin versions of the same thing.

In this no-jargon explainer, we're breaking down the structure, composition, duration, membership and full-on power moves of the Indian Parliament. Let's walk through the halls of power — a place that runs India.

What is Parliament?

The word "parliament" originates from the Old French word "parlement," which means "a discussion" or "discourse". The Parliament of India is the supreme legislative body, and its main function is to make laws for India.

Part V of the Constitution (Articles 79-122) covers the Parliament's organisation, composition, duration, officers, procedures, privileges, and powers.

In India's politico-administrative system, Parliament occupies a central position and plays a multifunctional role. It is not just a law-making body, but also holds responsibility over the executive, financial decisions, constitutional amendments, judicial actions, elections, and more.

Structure of the Parliament

Under the Indian Constitution, the Parliament of India comprises three components:

Parliament = The President + The Council of States (Rajya Sabha) + The House of the People (Lok Sabha)

In 1954, the Hindi names Rajya Sabha and Lok Sabha were officially adopted for the Upper and Lower Houses, respectively.

• The Rajya Sabha serves as the Upper House, also known as the Second Chamber or House of Elders. It represents the states and union territories of the Indian Union.

• The Lok Sabha functions as the Lower House, also called the First Chamber or Popular House. It represents the people of India as a whole.

Parliament System of India based on?

The framers of the Indian Constitution modelled the structure of Parliament on the British parliamentary system, not the American presidential model.

🇬🇧 In Britain, Parliament consists of: The Crown (King or Queen) + The House of Lords (Upper House)+ The House of Commons (Lower House)

🇮🇳 In India, the President-in-Parliament mirrors the Crown-in-Parliament in the UK. The system ensures interdependence between the legislature and the executive.

🇺🇸 In contrast, the United States follows a presidential form of government:

• The legislature, known as Congress, includes: The Senate (Upper House)+ The House of Representatives (Lower House)

• The President is not part of Congress and functions as a separate executive authority.

Differences amongst the Parliament of India, UK and USA

This is why the Indian parliamentary form of government is also known as the ‘Westminster’ model of government.

Composition of the Two Houses of Parliament

The Indian Parliament consists of two Houses—the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). Here's how they are composed:

System of Elections to Lok Sabha

📍 Territorial Constituencies

• Each state is divided into constituencies for electing Lok Sabha members.

• Every state gets seats based on its population, and within a state, each constituency should also have a roughly equal population.

• The goal: Equal representation across and within states.

📍 Readjustment After Each Census

Seats and constituency boundaries are supposed to be adjusted after every census. However, due to population control efforts, the number of seats per state was frozen in 1976 (42nd Constitutional Amendment Act 1976).

This freeze has been extended till 2026 (84th Constitutional Amendment Act, 2001).

📍 Reservation for SCs and STs

• Some seats are reserved for Scheduled Castes and Scheduled Tribes based on their population.

• These reserved seats are not separate elections—everyone in the constituency votes, but only SC/ST candidates can contest from those seats.

• Originally planned till 1960, this reservation has been extended repeatedly, now valid up to 2020 (95th Amendment).

📍 First-past-the-post (FPTP) System

India uses the FPTP system for Lok Sabha elections. Each constituency elects one representative, and whoever gets the most votes wins, even without a majority. This is known as a Single-Member Constituency system.

Duration of Two Houses: Rajya Sabha vs Lok Sabha

Membership Of Parliament

A person shall be qualified or disqualified as a member of either House of Parliament if:

Vacating of Seats in Parliament

A Member of Parliament (MP) must vacate their seat under the following circumstances:

1. Double Membership

• A person cannot simultaneously be:

  • A member of both the Lok Sabha and the Rajya Sabha.

  • A member of both Parliament and a state legislature.

• As per the Representation of the People Act, 1951:

  • If elected to both Houses, the person must choose one within 10 days, else the Rajya Sabha seat is vacated.

  • If a sitting member of one House gets elected to the other, the earlier seat is vacated.

  • If elected to two seats in the same House and no option is exercised, both seats become vacant.

  • If elected to Parliament and a state legislature, they must resign from the state post within 14 days, or else the Parliament seat is vacated.

2. Disqualification

If a member becomes disqualified under the Constitution (e.g., due to holding an office of profit, losing Indian citizenship, defection under the Tenth Schedule, etc.), their seat becomes vacant.

3. Resignation

• An MP may resign by writing to:

  • The Speaker (Lok Sabha) or

  • The Chairman (Rajya Sabha).

• The seat is vacated once the resignation is accepted.

• The resignation may be rejected if found not voluntary or genuine.

4. Absence from the House

• If a member is absent for 60 consecutive days without permission, the House may declare the seat vacant.

• The 60-day count excludes periods when the House is prorogued or adjourned for more than 4 consecutive days.

5. Other Situations Leading to Vacating of Seat

• If the election is declared void by a court.

• If the member is expelled from the House.

• If elected as President or Vice-President.

• If appointed as a Governor of any state.

If a disqualified person is elected, the Representation of the People Act, 1951 empowers the High Court to declare the election void. Appeals against such decisions can be made to the Supreme Court.

Oath or Affirmation by Members

Before taking their seat, every MP must take an oath or affirmation before the President (or a person appointed by him), swearing:

1. To bear true faith and allegiance to the Constitution.

2. To uphold the sovereignty and integrity of India.

3. To faithfully discharge their duties.

Until this oath is taken:

• The MP cannot participate in debates or vote.

• They are not entitled to any parliamentary privileges.

Leaders in the Indian Parliament

Functions of the Parliament of India

Parliament’s functions can be broadly classified into the following categories:

1. Legislative Powers and Functions

The primary function of Parliament is to make laws for the governance of the country.

• Parliament has exclusive power to legislate on subjects in the Union List (98 subjects) and residuary subjects (not listed in any of the three lists).

• On the Concurrent List (currently 52 subjects), Parliament has overriding powers. If there's a conflict, the central law prevails over state law.

• Parliament can also legislate on the State List (59 subjects) under five specific conditions:

  1. When the Rajya Sabha passes a resolution.

  2. During a National Emergency.

  3. When two or more states request legislation.

  4. To implement international treaties or agreements.

  5. When President’s Rule is in operation in a state.

• Ordinances issued by the President during Parliament’s recess must be approved by it within 6 weeks of reassembly.

• It also uses delegated legislation, where detailed rules are made by the Executive within the framework of a law passed by Parliament.

2. Executive Powers and Functions

India follows a parliamentary form of government, which means the Executive is accountable to Parliament for their policies & acts.

• Parliament exercises control through:

  • Question Hour, Zero Hour, Short-duration discussions, and various motions (e.g., no-confidence, adjournment, censure).

  • Parliamentary committees like the Committee on Government Assurances, Subordinate Legislation, and Petitions.

• Ministers are collectively responsible to the Lok Sabha. They must maintain the confidence of the majority to stay in office.

• The Lok Sabha can remove the government by:

  • Not passing the motion of thanks to the President's address.

  • Rejecting a money bill.

  • Passing a censure/adjournment motion.

  • Defeating the government on a crucial issue.

  • Passing a cut motion on the budget.

3. Financial Powers and Functions

No tax can be levied or money spent by the Executive without Parliament's approval.

• Parliament enacts the Union Budget, legalising the government's income and expenditure for the financial year.

• It has pre- and post-budgetary control:

  • Pre: Enactment of the Budget.

  • Post: Through committees like:

    • Public Accounts Committee (PAC)

    • Estimates Committee

    • Committee on Public Undertakings

• The ‘Rule of Lapse’ applies — unspent money lapses at year-end, ensuring annual scrutiny but often causing the ‘March Rush’ of spending.

4. Constituent Powers and Functions

Parliament has the authority to amend the Constitution under Article 368.

• It can amend by:

  1. Simple majority (for some provisions),

  2. Special majority (for most provisions),

  3. Special majority + ratification by half of the state legislatures (for federal features).

• Parliament alone can initiate constitutional amendments (except in the case of creating or abolishing a state legislative council).

• The ‘Basic Structure Doctrine’ (Kesavananda Bharati case, 1973) limits Parliament's power — it can’t alter the Constitution's basic features.

5. Judicial Powers and Functions

Though not a court, Parliament has judicial functions in special circumstances:

• It can impeach the President for violating the Constitution.

• It can remove the Vice-President and recommend the removal of:

  • Judges of the Supreme Court and High Courts,

  • Chief Election Commissioner,

  • Comptroller and Auditor General (CAG).

• It can also punish members or outsiders for breach of privilege or contempt of Parliament.

6. Electoral Powers and Functions

Parliament participates in the election process of several constitutional offices:

• Elects the Vice-President (alone) and participates in the Presidential election (along with state legislatures).

• Lok Sabha elects Speaker and Deputy Speaker; Rajya Sabha elects Deputy Chairman.

• It also enacts laws for conducting elections:

  • Representation of the People Act (1950 & 1951)

  • Presidential and Vice-Presidential Elections Act (1952)

7. Other Powers and Functions

Besides the above, Parliament performs a number of miscellaneous important functions:

• Acts as the highest deliberative forum on national and international matters.

• Approves all three types of emergencies (National, State, and Financial).

• Can create/abolish legislative councils in states.

• Can alter the boundaries, names, or area of states.

• Regulates the jurisdiction of courts and can establish a common high court for multiple states.

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