The Structure and Composition of Parliament in India: Rajya Sabha, Lok Sabha, and the President

1. Introduction

The Parliament of India is the supreme legislative organ of the Union of India. India adopted the Westminster model of parliamentary government, characterized by an executive that is responsible to, and drawn from, the legislature. Under Article 79 of the Constitution of India, the Parliament is not merely a bicameral legislature but a tripartite institution:

$\text{Parliament} = \text{The President} + \text{The Council of States (Rajya Sabha)} + \text{The House of the People (Lok Sabha)}$

                  ┌──────────────────────────────────────┐
                  │         PARLIAMENT OF INDIA          │
                  │             (Article 79)             │
                  └──────────────────┬───────────────────┘
                                     │
         ┌───────────────────────────┼───────────────────────────┐
         ▼                           ▼                           ▼
┌─────────────────┐         ┌─────────────────┐         ┌─────────────────┐
│  THE PRESIDENT  │         │   RAJYA SABHA   │         │    LOK SABHA    │
│  (First Limb)   │         │ (Council of     │         │ (House of the   │
│                 │         │  States)        │         │  People)        │
└─────────────────┘         └─────────────────┘         └─────────────────┘

The Tripartite Rationale

Unlike the United States of America, where the President is the head of the executive branch and stands strictly outside the Congress (reflecting a rigid separation of powers), the Indian Constitution combines the executive and the legislature.

The President of India is an integral part of Parliament despite not being a member of either House and not participating in parliamentary debates. This design exists because:

• No bill passed by both Houses can become an Act of Parliament without the Presidential Assent (Article 111).
• The President performs vital parliamentary functions: summoning and proroguing the Houses, dissolving the Lok Sabha, and delivering the opening addresses (Articles 85, 86, and 87).

2. Historical and Constitutional Background

The structure of the modern Indian Parliament is the product of continuous constitutional evolution under British rule, heavily debated and refined by the Constituent Assembly.

Pre-Constitutional Evolution

1. Charter Act of 1853: For the first time, the legislative and executive functions of the Governor-General’s Council were separated. It introduced a 12-member Legislative Council, marking the genesis of a distinct legislative body.
2. Indian Councils Act of 1909 (Morley-Minto Reforms): Introduced an element of election to the legislative councils, though on a highly restrictive franchise and based on separate electorates.
3. Government of India Act of 1919 (Montagu-Chelmsford Reforms): Officially introduced bicameralism at the national level. The Indian Legislature was reconstituted into a Council of State (Upper House) and a Legislative Assembly (Lower House).
4. Government of India Act of 1935: Envisaged a Federal Legislature consisting of the King (represented by the Governor-General) and two chambers. Although the federal provisions were never fully implemented, this Act provided the structural blueprint for the post-independence Indian Parliament.

Constituent Assembly Debates: The Bicameralism Question

The necessity of a second chamber (Rajya Sabha) was a subject of intense debate in the Constituent Assembly:

• The Critics: Members like Loknath Misra opposed a second chamber, arguing that it would act as a "clog" in the wheel of progressive legislation, delay urgent public business, and serve as an expensive, redundant luxury.
• The Proponents: Leaders like N. Gopalaswami Ayyangar and Ananthasayanam Ayyangar argued that a second chamber was indispensable. They argued it would:
  • Prevent hasty, rash, and ill-considered legislation passed by the lower house under temporary political passions.
  • Provide a platform for seasoned, intellectual, and experienced professionals who might find direct, popular elections too challenging.
  • Secure the representation of the constituent States, maintaining the federal equilibrium of the Union.

Ultimately, the proponents won, establishing a bicameral legislature modified to suit the unique socioeconomic and federal realities of India.

3. Key Constitutional Articles Map

4. The President of India: The First Limb of Parliament

The executive power of the Union is vested in the President (Article 53), who is also the constitutional head of the State. Though the President does not sit or vote in Parliament, their constitutional roles as part of the legislature are extensive.

                    ┌──────────────────────────────────────┐
                    │     PRESIDENT'S LEGISLATIVE ROLE     │
                    └──────────────────┬───────────────────┘
                                       │
     ┌──────────────────┬──────────────┴───────┬──────────────────┐
     ▼                  ▼                      ▼                  ▼
┌──────────────┐ ┌──────────────┐       ┌──────────────┐   ┌──────────────┐
│ SESSIONS &   │ │   BILL       │       │ ORDINANCE-   │   │  NOMINATION  │
│ DISSOLUTION  │ │   ASSENT     │       │ MAKING       │   │  POWERS      │
│ (Art. 85)    │ │   (Art. 111) │       │ (Art. 123)   │   │  (Art. 80)   │
└──────────────┘ └──────────────┘       └──────────────┘   └──────────────┘

A. Legislative Powers of the President

• Summoning and Prorogation (Article 85): The President has the power to summon either House of Parliament to meet. However, the interval between two consecutive sessions cannot exceed six months. The President can also prorogue (terminate) a session of either House.
• Dissolution: The President can dissolve the Lok Sabha before the completion of its five-year tenure on the advice of the Council of Ministers led by the Prime Minister. The Rajya Sabha, being a permanent body, is immune to dissolution.
• Presidential Addresses (Articles 86 & 87):
  • Special Address (Article 87): At the commencement of the first session after each general election to the Lok Sabha and at the commencement of the first session of each year, the President addresses a joint sitting of both Houses. This address outlines the government's policy agenda and is followed by a debate and vote on the Motion of Thanks in both Houses. If the Motion of Thanks is defeated in the Lok Sabha, the government must resign, as it represents a loss of confidence.
• Prior Recommendation for Bills: Certain bills cannot be introduced in Parliament without the prior recommendation or consent of the President:
  1. Bills that seek to alter state boundaries or create new states (Article 3).
  2. Money Bills (Article 117(1)).
  3. Bills affecting taxation in which states are interested (Article 274).
  4. Bills imposing restrictions on the freedom of trade (Article 304).

B. Assent to Bills (Article 111)

When a bill is passed by both Houses of Parliament, it is presented to the President, who has three options:

1. Give Assent: The bill becomes an Act.
2. Withhold Assent: The bill dies and does not become law (Absolute Veto).
3. Return the Bill: The President can return a non-Money Bill to Parliament for reconsideration. If Parliament passes the bill again, with or without amendments, the President must give their assent (Suspensive Veto).

💡 The Pocket Veto: The Constitution does not prescribe a time limit within which the President must act on a bill presented for assent. By taking no action (neither assenting, withholding, nor returning), the President can let the bill lapse indefinitely. This is known as a Pocket Veto. (e.g., President Giani Zail Singh used this in 1986 against the Indian Post Office Amendment Bill).

C. Ordinance-Making Power (Article 123)

The President can promulgate ordinances when both Houses of Parliament are not in session, and immediate legislative action is required. An ordinance has the same force and effect as an Act of Parliament but is subject to strict limitations:

• It must be laid before both Houses of Parliament when they reassemble.
• It ceases to operate at the expiration of six weeks from the reassembly of Parliament, or earlier if disapproved by resolutions in both Houses.
• Because the maximum gap between two sessions of Parliament is six months, the maximum lifespan of an ordinance is six months and six weeks.

Landmark Judicial Pronouncements on Ordinances:

• R.C. Cooper v. Union of India (1970): The Supreme Court ruled that the President's satisfaction in promulgating an ordinance is not immune to judicial review and can be challenged on the grounds of malafides.
• D.C. Wadhwa v. State of Bihar (1987): The Court ruled that the practice of repeatedly repromulgating ordinances without placing them before the legislature is a subversion of the democratic legislative process and a "fraud on the Constitution."
• Krishna Kumar Singh v. State of Bihar (2017): A seven-judge bench of the Supreme Court held that the power to issue ordinances is an emergency power, not an alternative to the legislature. It ruled that failing to place an ordinance before the legislature is a constitutional abuse.

5. The Rajya Sabha (Council of States)

The Rajya Sabha represents the federal character of the Indian polity. It is the Upper House of Parliament, designed to safeguard the interests of the constituent States and Union Territories against potential central encroachment.

A. Composition (Article 80)

The maximum strength of the Rajya Sabha is fixed at 250:

                       ┌─────────────────────────────────┐
                       │   RAJYA SABHA MAX STRENGTH:     │
                       │             250                 │
                       └────────────────┬────────────────┘
                                        │
                 ┌──────────────────────┴──────────────────────┐
                 ▼                                             ▼
    ┌─────────────────────────┐                   ┌─────────────────────────┐
    │ REPRESENTATIVES: 238    │                   │      NOMINATED: 12      │
    │ Elected by States & UTs │                   │ Appointed by President  │
    │                         │                   │ (Art, Science, etc.)    │
    └─────────────────────────┘                   └─────────────────────────┘

• Nominated Members: The 12 nominated members are selected by the President on the advice of the Council of Ministers. They must possess special knowledge or practical experience in:
  1. Literature
  2. Science
  3. Art
  4. Social Service
• Active Strength: The active strength of the Rajya Sabha is 245, of which 233 are elected representatives of the States and Union Territories (Delhi, Puducherry, and Jammu & Kashmir), and 12 are nominated.
• Allocation of Seats: Unlike the US Senate, where every state has equal representation (two senators per state), seats in the Rajya Sabha are allocated to states based on their population. This allocation is detailed in the Fourth Schedule of the Constitution. Consequently, Uttar Pradesh has 31 seats, while smaller states like Sikkim have only 1 seat.

B. Method of Election

The representatives of each State are elected by the elected members of their respective State Legislative Assemblies (MLAs).

• Voting System: The election is conducted through the system of Proportional Representation by means of the Single Transferable Vote (STV).
• Union Territories: The representatives of Union Territories are chosen by an electoral college specially constituted for that purpose (also using proportional representation by STV).

⚖️ Kuldip Nayar v. Union of India (2006): The Supreme Court upheld two major amendments to the Representation of the People Act, 1951, regarding Rajya Sabha elections:

1. Removal of the Domicile Requirement: An individual no longer needs to be a registered elector in the specific state from which they seek election to the Rajya Sabha.
2. Introduction of the Open Ballot: The secret ballot was replaced with an open ballot system for Rajya Sabha elections to prevent cross-voting, corruption, and the influence of money power. The Court ruled that this did not violate the democratic principle of free and fair elections.

C. Tenure and Institutional Permanence (Article 83)

The Rajya Sabha is a permanent house and is not subject to dissolution.

• Members are elected for a term of six years.
• One-third of its members retire every second year.
• Vacancies are filled through fresh elections and nominations at the beginning of every third year.
• There is no limit on the number of times a person can be re-elected or re-nominated.

D. Presiding Officers (Article 89)

• The Chairman: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. Because they are not a member of the House, they cannot vote in the first instance. However, they can cast a deciding vote in the event of a tie (casting vote).
• The Deputy Chairman: Elected by the members of the Rajya Sabha from among themselves. The Deputy Chairman performs the duties of the Chairman when the office is vacant or when the Vice-President acts as President.

E. Special and Exclusive Powers of Rajya Sabha

While the Rajya Sabha is often seen as less powerful than the Lok Sabha (particularly on financial matters), the Constitution grants it several exclusive, federal powers:

                    ┌──────────────────────────────────────┐
                    │     EXCLUSIVE POWERS OF R.S.         │
                    └──────────────────┬───────────────────┘
                                       │
     ┌─────────────────────────────────┴─────────────────────────────────┐
     ▼                                                                   ▼
┌────────────────────────────────────────┐          ┌────────────────────────────────────────┐
│             ARTICLE 249                │          │             ARTICLE 312                │
│ Authorizes Parliament to legislate on  │          │ Authorizes the creation of new         │
│ State List subjects in national        │          │ All India Services common to the       │
│ interest (requires 2/3 present/voting).│          │ Union and the States.                  │
└────────────────────────────────────────┘          └────────────────────────────────────────┘

1. Legislating on State List Subjects (Article 249): The Rajya Sabha can pass a resolution, supported by not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List. Such a resolution remains in force for up to one year, but can be extended indefinitely for one year at a time.
2. Creation of All India Services (Article 312): The Rajya Sabha can pass a resolution (by a two-thirds majority of members present and voting) authorizing Parliament to create new All India Services (such as the Indian Forest Service, created in 1966) common to both the Union and the States.
3. Approval of Proclamations during Lok Sabha Dissolution (Articles 352, 356, 360): If a proclamation of National Emergency, President's Rule, or Financial Emergency is issued when the Lok Sabha is dissolved, the proclamation can survive if it is approved by the Rajya Sabha within the constitutionally mandated timeframe.

6. The Lok Sabha (House of the People)

The Lok Sabha is the popular chamber of Parliament, representing the people of India. It exercises primary control over national finances and the life of the executive.

A. Composition (Article 81)

Under Article 81, the maximum strength of the Lok Sabha was originally fixed at 552:

• Up to 530 representatives of the States.
• Up to 20 representatives of the Union Territories.
• Up to 2 nominated members of the Anglo-Indian community (nominated by the President under Article 331 if they were underrepresented).

⚠️ The 104th Constitutional Amendment Act (2019): This amendment ended the provision for nominating two members of the Anglo-Indian community to the Lok Sabha and State Legislative Assemblies. Consequently, the maximum strength of the Lok Sabha is 550, and its current active strength is 543 (all of whom are directly elected).

B. Recent Constitutional Developments: The 2026 Delimitation Framework

Historically, the allocation of seats to states in the Lok Sabha was frozen based on the 1971 Census figures. This freeze was introduced by the 42nd Amendment Act (1976) and extended by the 84th Amendment Act (2001) until the publication of the first census after 2026. The freeze aimed to ensure that states undertaking effective family planning and population control measures (such as the southern states) were not politically penalized by a reduction in their legislative representation.

The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam)

This amendment, which came into force on April 16, 2026, inserts Article 330A and Article 332A into the Constitution. It mandates a 33% (one-third) reservation of seats for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.

Under the original 2023 framework, this reservation was to take effect only after a post-census delimitation exercise.

                                  106th Amendment (2023)
                                            │
                                            ▼
                                   Effective: Apr 2026
                                            │
                                            ▼
                           ┌─────────────────────────────────┐
                           │   How to implement reservation? │
                           └────────────────┬────────────────┘
                                            │
                     ┌──────────────────────┴──────────────────────┐
                     ▼                                             ▼
        [Option A: Deferred Path]                     [Option B: Fast-Track Path]
        Wait for 2027 Census &                        131st Amendment & Delimitation Bills
        subsequent Delimitation                       - Expand Lok Sabha to 850 seats
        (Delayed execution)                           - Use 2011 Census to expedite

The Fast-Track Legislative Initiatives

To address delays in implementing this reservation, the government introduced three bills: the Constitution (One Hundred and Thirty-First Amendment) Bill, 2026, the Delimitation Bill, 2026, and the Union Territories Laws (Amendment) Bill, 2026.

• Proposed Seat Expansion: The Constitution (131st Amendment) Bill, 2026 proposes to increase the maximum strength of the Lok Sabha from 550 to 850 members (815 from States and 35 from Union Territories).
• Expedited Delimitation: The Delimitation Bill, 2026 seeks to constitute a new Delimitation Commission to redraw constituencies based on the 2011 Census figures. This would bypass the wait for the upcoming 2027 Census, enabling the 33% women's reservation to be operationalized sooner.
• The Federal Representation Debate: This proposed expansion highlights a major federal challenge. Applying a pure population-ratio model (as required by Article 81) to allocate the expanded seats would significantly increase representation for high-growth northern states while reducing the relative influence of southern states that stabilized their populations. To address this, the government proposed a pro-rata model where seats are increased across all states to ensure no state loses its relative share of representation. Critics argue this model is in tension with Article 81's requirement that seat distribution strictly match updated demographic data.

C. Method of Election

Members of the Lok Sabha are directly elected by the people of India.

• Universal Adult Suffrage (Article 326): Every citizen of India who is not less than 18 years of age (reduced from 21 years by the 61st Constitutional Amendment Act, 1988) and is not otherwise disqualified on grounds of non-residence, unsoundness of mind, crime, or corrupt practice, has the right to vote.
• First-Past-The-Post (FPTP) System: In this system, the candidate who secures the highest number of votes in a single-member constituency is declared elected, even if they do not secure an absolute majority of the total votes cast.

Why India Chose FPTP over Proportional Representation (PR) for Lok Sabha:

1. Simplicity: The FPTP system is easy to understand for a large, diverse, and historically low-literacy electorate. It avoids the complex calculations associated with transfer sheets or party-list mathematics.
2. Political Stability: FPTP tends to produce stable, single-party or clear coalition majorities in the legislature, whereas PR often leads to highly fragmented parliaments and unstable coalition governments.
3. Voter-Representative Connection: FPTP links a representative to a specific geographical constituency, ensuring clear accountability. In PR systems (such as the party-list system), this link can be weak.

D. Tenure

• The normal term of the Lok Sabha is five years from the date of its first meeting.
• The President can dissolve the Lok Sabha at any time before the end of this term on the advice of the Prime Minister. This decision is not subject to a fixed minimum period.
• During a National Emergency (declared under Article 352), the term of the Lok Sabha can be extended by Parliament by law for one year at a time, for any period. However, this extension cannot continue beyond six months after the emergency proclamation has ceased to operate.

E. Presiding Officers (Article 93)

• The Speaker: Elected by the Lok Sabha from among its members. The Speaker is the guardian of the powers, privileges, and immunities of the House and its committees.
• The Deputy Speaker: Also elected by the House from among its members. By parliamentary convention, the post of Deputy Speaker is usually offered to the main opposition party.

Key Constitutional Powers of the Speaker:

1. Certification of Money Bills: The Speaker has the final authority to decide whether a bill is a Money Bill under Article 110. Their decision is final and cannot be questioned in a court of law or by the President (subject to certain constitutional qualifications).
2. Presiding over Joint Sittings: The Speaker presides over any joint sitting of both Houses of Parliament, which is summoned to resolve a deadlock over an ordinary bill (Article 108).
3. Disqualification under Tenth Schedule (Anti-Defection Law): The Speaker decides on the disqualification of Lok Sabha members on grounds of defection.
   • Kihoto Hollohan v. Zachillhu (1992): The Supreme Court ruled that when deciding defection cases under the Tenth Schedule, the Speaker acts as a tribunal. Consequently, their decisions are subject to judicial review on grounds of infirmity, malafides, or violation of natural justice.

F. Exclusive Powers of the Lok Sabha

1. Financial Primacy: Money Bills (Article 110) and Financial Bills (Category I under Article 117(1)) can only be introduced in the Lok Sabha, and only on the recommendation of the President. The Rajya Sabha has limited powers regarding Money Bills; it can neither reject nor amend them and must return them with or without recommendations within 14 days. The Lok Sabha can accept or reject any of these recommendations.
2. Control over the Executive (Article 75(3)): The Constitution states that the Council of Ministers is collectively responsible to the Lok Sabha. Consequently, a No-Confidence Motion can only be introduced, debated, and voted on in the Lok Sabha. If passed, the entire government must resign.
3. Demanding Budgetary Votes: Demands for Grants (under Article 113) are submitted exclusively to the Lok Sabha, which has the power to assent to, refuse, or reduce any demand.

7. Comparative Analysis & Functional Dynamics

A. Lok Sabha vs. Rajya Sabha: Comparative Framework

B. Global Models: Indian Parliament vs. UK Parliament vs. US Congress

┌────────────────────────────────────────────────────────────────────────┐
│                      MODELS OF LEGISLATIVE DESIGN                      │
├────────────────────────────────────────────────────────────────────────┤
│ 1. WESTMINSTER MODEL (UK)                                              │
│    Sovereignty of Parliament; Crown is part of Parliament.             │
│                                                                        │
│ 2. SEPARATION OF POWERS MODEL (US)                                     │
│    Strict separation. President is NOT part of Congress.               │
│                                                                        │
│ 3. INDIAN SYNTHESIS                                                    │
│    President is part of Parliament (Westminster style) but bound by a │
│    Written Constitution & Judicial Review (US style).                  │
└────────────────────────────────────────────────────────────────────────┘

The Indian system synthesizes elements of British parliamentary sovereignty and American constitutional supremacy:

1. Indian Parliament vs. British Parliament (Westminster):
   • Sovereignty: The British Parliament is a sovereign body and can make or unmake any law; there is no judicial review of its Acts. The Indian Parliament is not sovereign; its powers are limited by a written Constitution, federal distribution of powers, fundamental rights, and judicial review.
   • Head of State: The British Parliament includes a hereditary monarch (the Crown-in-Parliament). The Indian Parliament includes an elected President, reflecting India's status as a republic.
2. Indian Parliament vs. US Congress:
   • Executive Linkage: The US President is independent of Congress and does not belong to either chamber. In India, the executive is drawn directly from Parliament and remains accountable to it.
   • Bicameral Equality: The US Senate is often considered the most powerful upper house in the world, exercising equal power to the House of Representatives on all bills and holding exclusive powers over treaties and appointments. In contrast, the Rajya Sabha has subordinate powers on financial matters compared to the Lok Sabha.

8. Key Judicial Interpretations & Evolving Debates

The functioning of the Indian Parliament has led to several constitutional debates and landmark judicial rulings.

A. The Money Bill Classification Controversy

The classification of bills as Money Bills under Article 110 has been a major point of friction between the executive and the opposition. By certifying a bill as a Money Bill, the government can bypass the Rajya Sabha, where it may lack a majority.

• K.S. Puttaswamy v. Union of India (2018) (Aadhaar Case): The Supreme Court, by a 4:1 majority, upheld the classification of the Aadhaar Act as a Money Bill because its primary objective (under Section 7) was the delivery of subsidies and benefits funded by the Consolidated Fund of India. However, in his dissenting opinion, Justice D.Y. Chandrachud characterized the bypass of the Rajya Sabha as a "subversion of bicameralism" and a "fraud on the Constitution."
• Roger Mathew v. Union of India (2019): The Supreme Court expressed doubts about the Puttaswamy ruling’s interpretation of Money Bills (specifically regarding amendments to the Finance Act, 2017, which altered the service conditions of judicial tribunals). The issue was referred to a larger seven-judge bench to clarify the scope of Article 110.

B. Anti-Defection and the Role of the Speaker

The Tenth Schedule (introduced by the 52nd Amendment Act, 1985) gives the Speaker the power to disqualify members on grounds of defection. Critics argue that because Speakers often remain connected to their political parties, they may not always act as impartial arbiters.

• Keisham Meghachandra Singh v. Hon’ble Speaker, Manipur Legislative Assembly (2020): The Supreme Court ruled that Speakers must decide disqualification petitions under the Tenth Schedule within a reasonable time, suggesting a period of three months as a guide. The Court also recommended that Parliament amend the Constitution to vest this power in an independent, external tribunal (such as one chaired by a retired judge) to ensure impartiality.

9. Conclusion & Key Takeaways

The tripartite structure of the Indian Parliament balances the federal interests of the states (Rajya Sabha), the democratic representation of the population (Lok Sabha), and the constitutional oversight of the executive head (the President).

• The President serves as the vital link that transforms legislative bills into binding national laws, holding essential powers to summon and prorogue sessions, issue emergency ordinances, and grant final assent.
• The Rajya Sabha acts as a permanent revising chamber. It ensures that state interests are represented at the federal level and checks potential legislative haste by the lower house.
• The Lok Sabha is the center of democratic accountability. It holds the power of the purse and maintains direct control over the executive through the principle of collective responsibility.

As India navigates structural changes—such as the 106th Constitutional Amendment Act (Nari Shakti Vandan Adhiniyam), the Constitution (131st Amendment) Bill, 2026, and the upcoming Delimitation Commission—the design of Parliament continues to evolve. These developments highlight the ongoing challenge of maintaining federal balance and representative fairness in a highly populous and diverse republic.

10. Practice Exercises & Evaluation

A. Multiple-Choice Questions (MCQs)

Q1. Which of the following statements is/are correct regarding the legislative status of the President of India within the parliamentary system?

1. The President is an ex-officio member of the Lok Sabha and can participate in legislative debates.
2. No bill passed by both Houses of Parliament can become law without the assent of the President.
3. The President can dissolve the Rajya Sabha on the advice of the Union Cabinet. Select the correct answer using the codes below: (a) 1 and 2 only
   (b) 2 only
   (c) 2 and 3 only
   (d) 1, 2, and 3

• Answer: (b)
• Explanation: Under Article 79, the President is an integral part of Parliament but is not a member of either House, making Statement 1 incorrect. Statement 2 is correct (Article 111). Statement 3 is incorrect because the Rajya Sabha is a permanent body and cannot be dissolved (Article 83).

Q2. The special powers of the Rajya Sabha under Article 249 of the Constitution allow it to: (a) Create a new All India Service common to the Union and the States.
(b) Authorize Parliament to make laws on a subject in the State List in the national interest.
(c) Amend the representation of states in the Fourth Schedule.
(d) Initiate impeachment proceedings against the President of India.

• Answer: (b)
• Explanation: Article 249 empowers the Rajya Sabha to pass a resolution, by a two-thirds majority of members present and voting, authorizing Parliament to legislate on a State List subject in the national interest. The creation of All India Services falls under Article 312, making option (a) incorrect.

Q3. Consider the following statements regarding the 106th Constitutional Amendment Act, 2023:

1. It provides for a 33% reservation of seats for women in both the Lok Sabha and the Rajya Sabha.
2. Its implementation is procedurally linked to a delimitation exercise conducted after the first census following the Act's commencement. Which of the statements given above is/are correct? (a) 1 only
   (b) 2 only
   (c) Both 1 and 2
   (d) Neither 1 nor 2

• Answer: (b)
• Explanation: Statement 1 is incorrect because the reservation applies to the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly, but not to the Rajya Sabha or State Legislative Councils. Statement 2 is correct; under the original Act, the reservation is deferred until a post-census delimitation exercise is completed.

Q4. According to the Supreme Court's ruling in the Kihoto Hollohan case (1992), the decision of the Speaker under the Tenth Schedule is: (a) Fully sovereign and immune to judicial review.
(b) Subject to judicial review as the Speaker functions as a tribunal in this capacity.
(c) Subject to the approval of the President of India.
(d) Appealable only before a joint sitting of Parliament.

• Answer: (b)
• Explanation: The Supreme Court ruled that when deciding disqualification cases under the Tenth Schedule, the Speaker acts as a tribunal, meaning their decisions are subject to judicial review.

Q5. Arrange the following events regarding the evolution of bicameralism and constitutional governance in India in chronological order (from earliest to latest):

1. Enactment of the Government of India Act of 1935.
2. Introduction of the Morley-Minto Reforms.
3. Introduction of bicameralism at the national level via the Montagu-Chelmsford Reforms.
4. Passage of the 61st Constitutional Amendment Act (reducing the voting age). Select the correct code: (a) 2 — 3 — 1 — 4
   (b) 3 — 2 — 1 — 4
   (c) 2 — 1 — 3 — 4
   (d) 3 — 1 — 2 — 4

• Answer: (a)
• Explanation:
  • Morley-Minto Reforms: 1909.
  • Montagu-Chelmsford Reforms (introduced bicameralism): 1919.
  • Government of India Act: 1935.
  • 61st Constitutional Amendment Act: 1988.

B. Scenario-Based Questions

Scenario 1: A Hung Parliament and the Limits of President's Discretion

• Scenario: Following a general election to the Lok Sabha, no single political party or pre-poll alliance secures an absolute majority. The incumbent Prime Minister resigns.
• Question: What are the constitutional options and conventions available to the President of India in this situation? How does the President balance executive stability with democratic principles?

Analysis & Solution:

1. Constitutional Conventions: In a hung Lok Sabha, the President must exercise situational discretion (an exception to Article 74, which generally requires the President to act on the advice of the Council of Ministers).
2. Order of Preference: By convention (reinforced by the Sarkaria Commission guidelines), the President should invite leaders in the following order of preference to form the government:
   • The pre-poll alliance that secured the highest number of seats.
   • The single largest party that claims to form a government with the support of others.
   • A post-poll coalition of parties formed to secure a majority.
   • A post-poll alliance of parties where some join the government and others support it from outside.
3. The Confidence Vote: The President must invite the individual most likely to command the confidence of the Lok Sabha. The appointee is typically given a set time limit (usually 15 to 30 days) to prove their majority on the floor of the House (Floor Test, as mandated in S.R. Bommai v. Union of India). This approach prevents the President from acting as an arbitrary decision-maker and keeps the ultimate authority with the Lok Sabha.

Scenario 2: Joint Sitting and a Constitutional Amendment

• Scenario: The Lok Sabha passes a critical Bill amending Article 368 to alter the procedure for amending the Constitution. When the Bill is sent to the Rajya Sabha, it is rejected by a majority of members. The government seeks to call a Joint Sitting of both Houses under Article 108 to resolve the deadlock.
• Question: Can the President summon a Joint Sitting of Parliament in this scenario? Explain the constitutional rules governing this situation.

Analysis & Solution:

1. Inapplicability of Article 108: No, the President cannot summon a Joint Sitting for a Constitutional Amendment Bill.
2. Constitutional Basis: Under Article 368, a bill seeking to amend the Constitution must be passed by each House separately by a special majority (a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting).
3. The Federal Principle: The Constitution deliberately excludes Joint Sittings for amendment bills to ensure that the Rajya Sabha cannot be bypassed by the Lok Sabha's superior numbers on matters of constitutional change. If either House rejects a Constitutional Amendment Bill, the bill dies.

C. Matching Exercises

Match the following Constitutional Provisions with their respective Articles:

Correct Combinations:

• A ➔ 2 (Article 110(4) requires the Speaker to endorse their certificate on a Money Bill).
• B ➔ 3 (Article 87 governs the President's special address to both Houses at the start of the first session after an election and the first session of each year).
• C ➔ 4 (Article 312 governs the creation of All-India Services).
• D ➔ 1 (Article 85 governs the summoning, prorogation, and dissolution of Parliament).

Recommended Books

You can explore these highly recommended resources for a deeper understanding.

• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
• Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
• Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE