Parliament of India: Structure, Functions, and Law-Making Process

1. Introduction

The Parliament of India is the supreme legislative authority of the country, representing the will of the people in the world’s largest democracy. Established under Part V of the Constitution (Articles 79–122), it performs the crucial task of lawmaking, controlling the executive, and safeguarding the rights of citizens. It serves as the primary link between the people and the government, embodying the principles of representative democracy.

For UPSC aspirants, Parliament is a high-yield topic—frequently asked in Prelims (factual questions) and Mains (analytical and descriptive), as well as in essays on democracy, governance, and constitutionalism.

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2. Historical Background

• The roots of parliamentary democracy in India trace back to the Charter Acts and the gradual introduction of representative institutions during British rule.
• Indian Councils Act, 1861: Introduced legislative councils in provinces.
• Government of India Act, 1919: Bicameral legislature at the center.
• Government of India Act, 1935: Provided for a federal legislature.
• The present Parliament came into existence on 26 January 1950, following the enforcement of the Constitution.

3. Constitutional Provisions

The Indian Parliament is governed by:

• Article 79: Composition of Parliament—President, Rajya Sabha, and Lok Sabha.
• Articles 80–122: Cover composition, duration, powers, privileges, sessions, procedures, and more.
• Schedule 7: Distribution of legislative subjects into Union, State, and Concurrent Lists.
• Schedule 4: Allocation of seats in the Rajya Sabha.

4. Structure of Parliament

4.1 President of India

• Part of the Parliament but not a member of either House.
• Performs legislative functions like summoning, proroguing sessions, dissolving the Lok Sabha, and giving assent to bills.

4.2 Rajya Sabha (Council of States)

• Upper House of Parliament.
• Maximum strength: 250 members (currently 245).
  • Elected: 233 representatives of States and UTs (indirect election via proportional representation).
  • Nominated: 12 members by the President for contributions to art, literature, science, and social service.
• Term: 6 years, with one-third retiring every 2 years.
• Chairperson: Vice-President of India.

4.3 Lok Sabha (House of the People)

• Lower House of Parliament.
• Maximum strength: 552 members (currently 543 elected + 2 nominated Anglo-Indian seats discontinued by 104th Amendment, 2019).
  • Elected: 543 from constituencies via first-past-the-post system.
• Term: 5 years (can be dissolved earlier).
• Speaker: Presiding officer, elected by members.

5. Functions of Parliament

5.1 Legislative Function

• Enacts laws on subjects in the Union and Concurrent Lists.
• Can legislate on State List under certain conditions (Article 249, during Emergency, or with state consent).

5.2 Executive Control

• Council of Ministers is collectively responsible to the Lok Sabha.
• Parliament exercises control through:
  • Question Hour
  • Zero Hour
  • No-confidence motions
  • Cut motions
  • Committee system.

5.3 Financial Functions

• Annual Budget and Appropriation Bills must be approved by Parliament.
• No tax can be levied without its approval (Article 265).
• Financial bills and money bills must originate in the Lok Sabha.

5.4 Electoral Functions

• Elects the President and Vice-President.
• Elects members to various statutory bodies.

5.5 Judicial Functions

• Impeachment of the President.
• Removal of judges of Supreme Court and High Courts.
• Punishing members for breach of privilege.

5.6 Amendment of the Constitution

• Plays a key role under Article 368 in amending the Constitution.

6. Law-Making Process in Parliament

Step 1: Introduction of a Bill

• Types: Government Bill (introduced by a Minister) or Private Member’s Bill (by any MP not a Minister).
• Categories:
  • Ordinary Bill (Articles 107–111)
  • Money Bill (Article 110)
  • Financial Bill
  • Constitutional Amendment Bill (Article 368)

2: First Reading

• Bill introduced in either House (except Money Bills—Lok Sabha only).
• No debate on the merits; only a general introduction.

Step 3: Second Reading

• Stage 1: General Discussion on the principles of the bill.
• Stage 2: Committee Stage: Bill is referred to a Select Committee, Joint Committee, or considered clause-by-clause.
• Stage 3: Consideration Stage: House discusses each clause with possible amendments.

4: Third Reading

• Debate restricted to acceptance or rejection; no major changes allowed.
• Bill is voted upon.

Step 5: Transmission to the Other House

• The other House repeats similar stages.
• If both Houses disagree, a Joint Sitting (Article 108) may be called—presided over by the Speaker.

Step 6: President’s Assent

• Can give assent, withhold it, or return (for Ordinary Bills).
• For Constitutional Amendment Bills, President must give assent.

7. Important Parliamentary Committees

• Public Accounts Committee (PAC)
• Estimates Committee
• Committee on Public Undertakings
• Department-related Standing Committees
• Ethics Committee

Committees enhance legislative scrutiny and ensure accountability.

8. Landmark Judicial Pronouncements

• Kesavananda Bharati v. State of Kerala (1973): Parliament can amend the Constitution but cannot alter the basic structure.
• Indira Nehru Gandhi v. Raj Narain (1975): Limited Parliament’s power to curtail judicial review.
• Shamsher Singh v. State of Punjab (1974): Reaffirmed parliamentary control over executive powers.

9. Challenges Faced by the Indian Parliament

1. Declining Quality of Debates: Increasing disruptions and politicisation.
2. Overuse of Ordinances: Weakens parliamentary supremacy.
3. Party Whip System: Limits free speech of MPs.
4. Lack of Adequate Research Support for MPs.
5. Underrepresentation of Women: Currently ~14% in Lok Sabha.
6. Low Sittings: Average days have fallen from 120+ in the 1950s to ~60 in recent years.

10. Reform Measures Suggested

• Strengthening Committee System with more expert input.
• Code of Conduct for MPs to ensure discipline.
• Empowering Parliamentary Research Services like PRS India model.
• Women’s Reservation Bill to improve gender representation.
• Increasing Sitting Days to at least 100 for effective lawmaking.
• Revisiting the Anti-Defection Law to allow greater freedom in debates.

11. UPSC Relevance

Prelims Focus:

• Articles 79–122, 110, 108, 368
• Types of Bills, Joint Sitting provisions
• Parliamentary Committees

Mains Angle:

• GS Paper II: “Discuss the role of Parliament in ensuring accountability of the executive.”
• Essay Topics: “Parliament as the temple of democracy” / “Declining standards in Parliamentary functioning.”

12. Conclusion

The Indian Parliament stands as a cornerstone of democratic governance, entrusted with translating the aspirations of 1.4 billion citizens into laws and policies. However, its effectiveness depends on constructive debate, accountability mechanisms, and meaningful participation. For India’s democratic promise to be fully realised, Parliament must remain deliberative, representative, and responsive.

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