Essential Concepts & Key Facts
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- The Parliament of India is bicameral under Article 79, consisting of the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).
- Bicameralism preserves the federal equilibrium by representing state interests and providing checks against hasty or majoritarian legislation.
- The Lok Sabha represents the people of India directly on the basis of universal adult suffrage under Article 326.
- The Rajya Sabha represents the constituent States and Union Territories, ensuring federal voices participate in national lawmaking.
- Bicameralism in central governance originated in the Montagu-Chelmsford Reforms under the Government of India Act, 1919.
- The Government of India Act, 1935, further consolidated bicameralism at the federal level and introduced it in six British Indian provinces.
- In Constituent Assembly debates, Dr. B.R. Ambedkar and N. Gopalaswami Ayyangar defended the Second Chamber as a vital revising deliberative body.
- Unlike the Lok Sabha which has a 5-year term and can be dissolved, the Rajya Sabha is a permanent body not subject to dissolution (Article 83(1)).
- One-third of Rajya Sabha members retire every second year, giving members a six-year tenure and providing continuous legislative oversight.
- Rajya Sabha members are elected indirectly by elected MLAs of the States through proportional representation by single transferable vote (STV).
- Under Article 80, the President nominates 12 distinguished members to the Rajya Sabha from literature, science, art, and social service.
- Unlike the US Senate with equal state representation, the Rajya Sabha allocates seats based on population (Fourth Schedule), from 31 (UP) to 1 (small states).
- Under Article 249, the Rajya Sabha can authorize Parliament by a two-thirds majority to legislate on State List matters in the national interest.
- Under Article 312, the Rajya Sabha possesses the exclusive constitutional power to initiate the creation of new All-India Services.
- If a National Emergency (Art 352) or President's Rule (Art 356) occurs while Lok Sabha is dissolved, Rajya Sabha can approve the proclamation alone.
- In financial affairs, Lok Sabha is supreme: Money Bills (Article 110) can only originate in Lok Sabha, and Rajya Sabha has only 14 days to review them.
- The Council of Ministers is collectively responsible solely to the Lok Sabha under Article 75(3); No-Confidence Motions cannot be moved in the Rajya Sabha.
- In legislative deadlocks on ordinary Bills, Article 108 provides for a Joint Sitting summoned by the President and chaired by the Lok Sabha Speaker.
- In a Joint Sitting, the numerical superiority of the Lok Sabha (up to 543 members) typically prevails over the Rajya Sabha (up to 250 members).
- Constitutional Amendment Bills under Article 368 require separate special majorities in each House; Joint Sittings are not permitted under Article 368.
- At the state level, bicameralism is optional: Article 169 empowers Parliament to create or abolish a Legislative Council upon a State Assembly resolution.
- The Vice-President of India is the ex-officio Chairman of the Rajya Sabha under Article 64, linking the executive and the Upper House.
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