Himachal Pradesh National Law University

Study of Composition and Qualification of Parliament

Course In-Charge: Submitted By:

Mr. Chanchal Kumar Singh Keshav Aggarwal1

1
1120192022
BBA LLB (Hons.) 3rd semester
Table of Contents

 Introduction

 Basic structure of an Indian parliament

 Feature of parliamentary system

 Advantages of parliamentary system

 Composition of an Indian parliament

 Rajya sabha (upper house)

 Lok sabha (lower house)

 President of India

 Qualifications to become a member of parliament

 Conclusion

 References
 ACKNOWLEDGEMENT

I would like to take this opportunity to express my heartfelt gratitude and deep
regard to Mr. Chanchal Kumar Singh for his guidance and valuable feedback
and constant support throughout the duration of project.
His suggestions were of monumental help in the rough work of my project. I
would also like to express my gratitude to Himachal Pradesh National
University of Law for giving me the topic that enriched my knowledge.
I would also like to thank the library staff for constant support. Lastly, I am
thankful to my parents and friends for their constant support and coordination in
the completion of research work
Introduction
India became independent on 15 August 1947. Many sections of society participated within the
struggle. People from various backgrounds joined the struggle and that they were inspired by the
ideas of freedom, equality and participation in deciding. Under colonial rule, the
people had lived in fear of a people government and didn't trust many of the decisions that they
took. But they faced grave danger if they tried to criticise these decisions.
The freedom movement changed this case. The nationalists began to openly criticise the
British government and make demands. As far back as 1885, the Indian National Congress
demanded that there be elected members within the legislature with a right to debate the budget
and ask questions. the govt of India Act 1909, allowed for a few elected representation. The dreams
and aspirations of the liberty struggle were made concrete within the Constitution of independent
India that laid down the principle of universal adult franchise, i.e that all adult citizens of the
country have the correct to vote.
Basic Stucture of Parliament
Article 79 declares: “There shall be a Parliament for theunion which shall comprises the President and
two Houses referred to as the Council of States and the House of the People” The term
‘Parliament’ is sometimes related to nation system of parliamentary government, a system which
has influenced the event of representative assemblies many parts of the planet. In pre-revolutionary
France the word ‘Parlement’ was applied to courts of justice which weren't representative
bodies the least bit. The word itself comes from the Latin ‘parliamentum’ and therefore the French
word ‘parler’ and originally meant a talk; and talking is, of course, what Parliaments do most of the
time. The origins of Parliaments and similar assemblies may be traced back to
several centuries. they're the central institutions of many systems of state. Although conceived
in earlier period, they appear to be infinitely adaptable and their numbers have proliferated and
developed many forms in present. The term ‘Parliament’ embraces many widely differing
assemblies: the us Congress, the State Duma of Russia, the japanese Diet, the National People’s
Congress of China, the Knesset of Israel,Sansad in India, to Name just few

Presently, India has 28 states and 8 union territories. Of the two houses of parliament, the Lok
Sabha, with its 543 elected members, has much more legislative powers. It is headed by
the speaker of the house, who is usually appointed by the majority party, but votes only in
the event of a tie. MP’s are elected on the basis of universal adult suffrage vote. At 18 as
the minimum voting age, India has the largest electorate in the world, now adding more
than 620 million voters. Lok Sabha members are chosen from a single member
constituency, in the first-last vote, where the candidate with the highest number of votes is
the winner. The participation rate generally ranged from 50% to 65%. Therefore, not
surprisingly, the parties that form a government, even though they apparently have
overwhelming majorities in parliament, often with a term of less than a one third
leadership

The Indian Constitution adopts universal adult suffrage as the basis for elections to the Lok
Sabha and state legislatures. Any citizen aged 18 or over has the right to vote without
discrimination of caste, creed, religion, sex, literacy, [Link] 326 of the Constitution
provides that the elections to the House of the People and to the Legislative Assembly of
every State shall be on the basis of adult suffrage, that is to say, a person should not be
less than 21 years of age but now it has been reduced to 18 years

While the Lok Sabha is elected directly by the people every five years, the Rajya Sabha, the
upper house or the Council of States as the second house of the parliament, which is a
 permanent and continuous body with its members elected by an electoral college. Each
member is elected for a six-year term and one third of the members retire every two
years. The 250 members of Rajya Sabha are led by the Vice President of India, who is
the ex officio chairman of the upper house. State legislatures elects 238 members and the
president appoints 12 members on the advice of Cabinet.
Features of Parliamentary System
The democratic system of presidency is divided into the parliamentary and
alsothe presidential system supported the connection between the manager and
therefore the legislature. in an exceedingly parliamentary system, executive could be
a a part of legislature, which implements the law and plays a lively role in framing
it similarly.

In a parliamentary system, the top of the state is also a monarch or a president, but

both of those positions are ceremonial. the top of the govt, who is
mostly called because the Prime Minister, is that the real head. Thus, all the
important executive powers are vested within the Prime Minister.

The parliamentary government is additionally called because the Cabinet

government because of concentration of executive powers within the cabinet. Articles
74 and 75 deals with the parliamentary system at the centre and Article 163 and article
164 deals with the Parliamentary system at the states.

Elements and Features of Parliamentary System are

1. Nominal and Real Head: the top of the state holds a ceremonial position and is that
the nominal executive. for instance, the President.

2. In India, the pinnacle of state is that the Prime Minister who is that the real

executive. Article 75 of the Indian constitution provides for a primary Minister to be
appointed by the president. consistent with Article 74, the Prime Minister headed
council of ministers would aid and advise the President within the exercise of his
functions.

[Link] may be a a part of Legislature: the manager forms part of the legislature.

In India, the person should be a member of parliament to become a member of the
manager. However, the constitution provides that someone will be appointed as a
minister for a period of less than six consecutive months if he's not a member of the
parliament, after which the person ceases to be a minister.

4. Majority Party Rule: The party which wins majority seats within the elections of
the Lower House forms the govt. In India, the President invites the leader of the
bulk party in Lok Sabha to make the govt.. The President appoints the leader because
the Prime Minister and also the other ministers are appointed by the President on the
recommendation of the Prime Minister. The President may invite a coalition of
parties to make the govt, in case, no party has majority.

5. Collective Responsibility: The council of ministers are collectively responsible to

the parliament. The lower house of parliament has a capability to dismiss a
government by getting the no confidence motion passed within the house. In India, the
govt. survives till the time it enjoys support of the bulk of members within the Lok
Sabha. Thus, Lok Sabha is empowered to introduce no-confidence motion against the
govt.

[Link] Minister because the Centre of Power: In India, the Prime Minister is that

the real executive. he's the pinnacle of the govt, the council of ministers and also
the ruling government. Thus, he has got to play a major and important role within
the working of the govt.

7. A Parliamentary Opposition: No government within the parliament can get hundred

percent majority. The opposition plays a crucial role in checking the arbitrary use of
authority by the political executive.

8. Independent Civil Service: The civil servants advice and implement decisions
of the govt. Civil servants hold permanent appointments supported merit-based
selection process. They ensure continuity of employment even when the
govt. changes. The government officials also ensures efficiency in execution of duties
and responsibilities.

9. Bicameral Legislature: Most of the countries following parliamentary system,

including India, have bicameral legislature. The members of the Lower House of of
these countries are elected by the people. The Lower House may be dissolved, in case,
the term of the govt. is over or there's no scope of state formation because of lack of
majority in house. In India, the President can dissolve the Lok Sabha on
recommendation of the Prime Minister.

10. Secrecy: The members of the chief during this system need to follow the principle
of secrecy in matters like proceedings, executive meetings, policymaking etc. In India,
the ministers take oath of secrecy before entering their office.

Advantages of Parliamentary System

The parliamentary system has the subsequent advantages over the presidential system:

1. Represents Diverse Group: The parliamentary type of government provides

opportunity to numerous ethnically, racially, linguistically and ideologically diverse
groups to share their views in framing of laws and policymaking.
Countries, like India, which have high level of diversity enables accommodation by
providing political space to numerous diverse sections of the society.

2. Better Co-Ordination Between Legislature and Executive: the manager could be a a

part of the legislature. because the government enjoys the support of majority of
members within the lower house, the tendency of disputes and conflicts decreases. It
makes easy for the govt to pass the legislation within the parliament and implement
them.

3. Prevents Authoritarianism: in an exceedingly parliamentary system, the tendency of

authoritarianism decreases because the power is vested within the council of
minister instead of one individual. The parliament can remove the govt through no-
 confidence motion.

4. Responsible Government: The parliament can check the activities of the

manager because the latter is responsible to the previous. during a presidential system,
the president isn't responsible to the legislature. The members of the parliament can
ask question, move resolutions, and discuss matters of public importance to
pressurize the govt. Such provisions aren't available in Presidential system.

5. Availability of Alternate Government: The lower house of the parliament can

introduce and pass a no-confidence motion. In such a situation, the top of the state
invites the leader of the opposition party to create the govt.. within the uk, the
opposition forms a cabinet for the cupboard of the govt., in order that they
will become ready for the role.

Composition of an Indian Parliament

Parliament is the supreme legislative body of a country. Our 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 of Parliament or to dissolve Lok
Sabha.

India has parliamentary form of government. Article 79 of the Constitution of India states that there
will be a Parliament for the Union, which consists of the President and the two Houses - Rajya
Sabha (the Council of States) and Lok Sabha (House of the People). Article 80 of the Constitution
specifies the composition of the Council of States, which is made up of 12 members appointed by
the President and 238 representatives of the State and of the Union territories. The allocation of
seats on the Council of States to be completed by the representatives of the States and Union
territories in accordance with the provisions contained in the 4th schedule of Indian
[Link] are elected by the elected members of the state legislature in accordance with the
proportional representation system through a single transferable vote. Therefore, from the above, it
can be said that the number of seats in each state varies depending on the population of that state.
Therefore, large states occupy more seats than small [Link] members - The president has
the power to elect 2 members of the Anglo-Indian community if the president considers that their
community is not sufficiently represented.

Rajya Sabha (Council of States)

The Rajya Sabha is to comprises no more than 250 members. Of these, 12 are
nominated by the President for his or her special knowledge or practical experience in
such
matters as literature, science, art and work. The remaining seats are allocated to the
various States and Union territories, roughly in proportion to their population; each State
is,
however, represented by a minimum of one member. the entire number of seats within
the Rajya Sabha at present is 245, including 12 members nominated by the President.
The representatives of every State in Rajya Sabha are elected by the elected
members of the law-makers of the State in accordance with the system of
proportional representation by means of single transferable vote. The representatives of
the
Union territories are chosen in such manner as Parliament may by law prescribe. The
 minimum age for membership of the home is 30 years. The Rajya Sabha isn't subject to
dissolution, but as nearly as possible, one-third of its members retire as soon as is also on
the
expiration of each second year in accordance with the provisions made in this behalf by
Parliament by law. the traditional term of office of a member of Rajya Sabha is six years
fromthe date of election or nomination.
The Rajya Sabha is permanent body which cannot be dissolute in any circumstances. Its 1/3
members retired biennially. A member who is elected for full term retains his/her
membership for whole six years. In fact, he is eligible for re-election. According to
article 80(1) The Council of States shall consist of twelve members to be nominated by
the President in accordance with the provisions of clause andnot more than two hundred
and thirty-eight representatives of the States and of the Union [Link] 93-The
House of the People shall, as soon as may be, choose two members of the House to be
respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker
or Deputy Speaker becomes vacant, the House shall choose another member to be
Speaker or Deputy Speaker, as the case may be.

Lok Sabha (House of People)

According to article 81(1) The Lok Sabha, because the name itself signifies, consists of

representatives of the people chosen by direct election on the premise of adult suffrage. the
most strength of the House envisaged by the Constitution is 552 – upto 530 members to represent
the States, upto20 members to represent the Union territories and no more than two members of the
AngloIndian Community to be nominated by the President if, in his opinion, that community isn't
adequately represented within the House. the entire elective membership of the home is distributed
among the States in such some way that the ratio between the quantity of seats allotted
to each State and also the population of the State is, to this point as practicable, the identical for all
States. The qualifying age for membership of the Lok Sabha is 25 years. The Lok Sabha at
present consists of 545 members. The Lok Sabha, unless sooner dissolved, continues for five
years from the date appointed for its first meeting and therefore the expiration of the amount of 5
years operates as dissolution of the House. However, while a Proclamation of Emergency is
in operation, this era is also extended by Parliament by law for a period not exceeding
one year at a time and not exceeding in any case beyond a period of six months after the
Proclamation has ceased to control.

There should be Lok Sabha or Lower house, which consists of five hundred and fifty-two
seats. Out of which five hundred thirty directly elected from the state constituencies and
twenty from union territories. Remaining two Anglo Indians nominated by the president
of India. Seats are also reserved in the Lok Sabha for the Scheduled Castes and the
Scheduled Tribes who are elected from constituencies specially earmarked for them all
over the country. Now, under the 95th amendment act of 2009, this reservation last until
2020. The Representation of People Act 1951 makes provision for allocation to various
States and Union territories. The 42nd amendment act of 1976 froze the allocation of
seats in the Lok Sabha to the states and the division of each state into territorial
constituencies till the year 2000 at the 1971 level. This ban on readjustment was extended
for another 25 years (up to 2026) by the 84th amendment act of 2001 with the same
objective of encouraging population limitation measures.
 The first Lok Sabha was constituted after the general election held in 1952. Also, The Lok
Sabha dissolve continues for 5 years from the date of appointed for its first meeting.

President of India
The Indian President is the head of the state and he is also called the first citizen of India. He is
a part of Union Executive, provisions of which are dealt with Article 52-78 including
articles related to President (Article 52-62). Under these articles, information on how a
President is elected, his powers and functions, and also his impeachment process is given.
Once elected president, he serves for five years. He even sits after five years, as no new
election has taken place or no new president has been elected so far. he can also be re-
elected and there is no limit to your re-election The Indian President is the head of the state.
He is a symbol of solidarity, unity, and integrity of the nation. He is a part of Union
Executive along with the Vice-President, Prime Minister, Council of Ministers, and
Attorney-General of India. He is the commander of the all types of defence forces of India
consists of air, navy and army forces.
Article 53(1)- The executive power of the Union shall be vested in the President and shall be
exercised by him either directly or through officer’s subordinate to [Link] article 72,
president of India has been conferred with power to grant pardon against punishment for
any offense against union law, punishment by a martial court, or death [Link]
85(1)-The President shall from time to time summon each House of P arliament to meet at
such time and place as he thinks fit, but six months shall not intervene between its last
sitting in one session and the date appointed for its first sitting in the next session.

There is no direct election for the Indian President. An electoral college elects him. The electoral
college responsible for President’s elections comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

The following group of people is not involved in electing the President of India:

1. Nominated Members of Lok Sabha (2) and Rajya Sabha (12)

2. Nominated Members of State Legislative Assemblies
3. Members of Legislative Councils (Both elected and nominated) in bicameral legislatures
4. Nominated Members of union territories of Delhi and Puducherry

A candidate has to meet some qualifications to be elected as the president. Those qualifications of
the President are:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok Sabha
4. He should not hold any office of profit under the central government, state government, or
any public authority

There are a few conditions for the candidate running for the President’s elections:
 1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either
of the house, he should vacate the seat on his first day as President in the office
2. He should not hold any office of profit
3. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent
4. Parliament decides his emoluments, allowances and privileges
5. Parliament cannot diminish his emoluments and allowances during his term of office
6. He is given immunity from any criminal proceedings, even in respect of his personal acts
7. Arrest or imprisonment of the President cannot take place. Only civil proceedings can be
initiated for his personal acts that too after giving two months’ of prior notice.

Powers of Parliament
the Parliament of India has the cardinal functions of legislation, overseeing of administration, passing of
budget, ventilation of public grievances and discussing various subjects like development plans,
international relations and national policies. The distribution of powers between the Union and the states,
followed as per the constitution, emphasizes in many ways the general predominance of the Parliament in
the legislative field. Apart from a wide range of subjects, even in normal times, Parliament can, under
certain circumstances, assume legislative power, falling within the sphere exclusively reserved for the
states. Parliament is also vested with powers to impeach the President and to impeach the judges of the
Supreme Court and High Courts, the Chief Election Commissioner and Comptroller and Auditor General in
accordance with procedure laid down in the constitution. 11 Functions and importance of Parliament,
[Link] accessed on
06/10/2013 at 02:04 IST All legislation requires consent of both the Houses of Parliament. In the case of
money bills, however, the will of the Lok Sabha prevails. Delegated legislation is also subject to review and
control y Parliament. Besides the power to legislate, the constitution vests in Parliament the power to initiate
amendment of the constitution. The functions of Parliament are not only varied in nature, but considerable
in volume.

The time at its disposal is limited. It cannot make very detailed scrutiny of all legislative and other matters
that come up before it. A good deal of its business is, therefore, transacted in committees. Both Houses of
Parliament have a similar committee structure, with a few exceptions. Their appointment, terms of office,
functions and procedure of conducting business, are also more or less, similar and are regulated under rules
made by the two Houses under Article 118(1) of the constitution. Broadly, parliamentary committees are of
two kinds — standing committees and ad hoc committees. The former are elected or appointed every year
or periodically and their work goes on, more or less on a continuous basis. The latter are appointed on an ad
hoc basis as need arises and they cease to exist as soon as they complete the work assigned to them Standing
Committees : Among standing committees three financial committees — Committee on Estimates, Public
accounts and Public Undertakings — constitute a distinct group and they keep an unremitting vigil on
Government expenditure and performance. While members of the Rajya Sabha are associated with
committees on Public Accounts and Public Undertakings, members of the Committee on Estimates are
drawn entirely from the Lok Sabha.

The Estimates Committee reports on “what economies, improvements in organisation, efficiency or

administrative reform consistent with policy underlying the estimates” may be affected. It also examines
whether the money is well laid out within the policy limits implied in the estimates and suggests the form in
which estimates shall be presented to the Parliament. The Public Accounts Committee scrutinises
appropriation and finance accounts of Government and reports of the Comptroller and Auditor General. It
ensures that public money is spent in accordance with Parliament’s decision. It calls attention to cases of
waste, extravagance, loss or nugatory expenditure. The Committee on Public Undertakings examines the
reports of the Comptroller and Auditor General if any. It also examines whether Public Undertakings are
being run efficiently and managed in accordance with sound business principles and prudent commercial
practices. The control exercised by these committees is of a continuous nature. They gather information
through questionaires , memoranda from representative non-official organisations and knowledgeable
individuals, on-the-spot studies of organisations and oral examination of non-official and official witnesses.
Between themselves, the financial committees examine and report on a fairly large area of multifarious
activities of the Government of India. Legislative Powers The Parliament has the right to frame laws for the
whole of the country. It can frame laws on the subject mentioned in the union list & concurrent list. Under
certain special circumstances the Parliament gets the right to frame laws on the subjects-mentioned in the
State List. The Parliament frames laws on State subjects for Union territories.

The Rajyasabha can transfer a State subject in favor of the centre for the purpose of making laws. In case of
the proclamation of emergency by the President the Parliament can legislate on State subjects. The power to
legislate on residue subjects also vests with the Parliament. The Bill is sent to the-President after it is passed
by both the Houses. Excepting the money Bill he can give his assent & make use of his veto powers. If the
Parliament passes that Bill for the second time then the President' is bound to give his assent to that Bill.
12The Parliament of the Union Government is competent to legislate on all matters that are enumerated in
the Union List and the Concurrent List of the Constitution. In the Concurrent List, the Parliament and the
State Legislatures have joint jurisdiction. However, in case of conflict over any law made under the
Concurrent List, the Union Law will prevail upon the State Law provided the State Law has not received the
earlier assent of the President. The Union Parliament is also competent to make law over the State List
under the following circumstances:- (i) When the proclamation of Emergency is in operation the Parliament
can make law in any item included in the State List. In case of the declaration of President's Rule in any
State under Article 356 of the Constitution, the Parliament is competent to legislate on any matter included
in the State List (Article 250). (ii) In normal times when Rajya Sabha passes a resolution by two-thirds
majority of its members present and voting that it is necessary in the national interest that Parliament should
make law with regard to any matter enumerated in the State List, then Parliament is competent to make law
in that matter for the whole or any part of India (Article 249). 12 Law making power,

) The Parliament is competent to legislate on any matter pertaining to the State List if such legislation is
deemed necessary for the implementation of international treaties or agreements concluded with foreign
States (Article 253). (iv) If the legislatures of two or more States pass a resolution to the effect that it is
desirable to have a parliamentary law in any matter in the State List, then the Parliament can make law for
those States (Article 252). Except in the above-mentioned occasions, the Parliament of India is not
competent to make law in the State List. If at any time, the Parliament encroaches upon the rights of the
States, the Supreme Court can prevent such encroachment of the Parliament through its power of Judicial
Review. The Parliament must make law in accordance with the provisions of the Constitution. Parliament’s
Legislative Power to Make Laws for the States:-

If Rajya Sabha passes a resolution supported by two-thirds of the members present and voting declaring
that it is necessary and expedient in National interest that Parliament should make laws with respect to any
matter In the State List specified in the resolution, Parliament can make laws … with respect to that matter.
Art.249 When a Proclamation of Emergency is in operation, Parliament shall Have power to make laws for
the whole or any part of the territory of India With respect to any of the matters in the State list. Art.250
Parliament can make a law in respect of a matter mentioned in the State List at the instance of two or more
states. But such state’s Legislature must have passed a resolution that such matter must be regulated by an
Act of Parliament. If the State’s Legislature is bicameral, then both Houses should have passed the
resolution. Any other State which desires to adopt the Act made by Parliament can do so by passing a
resolution to that effect in its Legislature, Art.252

Financial Power

The Parliament controls the finances of the State. The Government places the budget before the start of the
financial year. The Parliament discusses the budget & gives its assent to the Bill. The Government can
neither impose any tax upon the public nor can it spend the money without the approval of the' Parliament.
The President will have to give his assent to the Money Bill passed by, the Parliament. 13In the financial
domain the Parliament is the supreme authority. Not a single paisa can be spent by the Executive without
parliamentary sanction. The budget is annually prepared by the Cabinet and it is submitted for the approval
of the Parliament. The Parliament also approves all proposals of the Union Government to impose taxes.
Money Bills can originate only in the Lok Sabha. After they have been passed by the Lok Sabha, they are
sent to the Rajya Sabha for approval. Within 14 days the Rajya Sabha is expected to give its consent. Thus
the power of the Rajya Sabha is limited with regards to money Bills. Further, to keep a vigil on the way the
Executive spends the money granted by the legislature, there are two Standing Committees of the
Parliament. They are the Public Accounts Committee and the Estimates Committee. These two Committees
exercise legislative control over the Executive on behalf of the Parliament. There are certain items of
expenditure included in the Budget which are not votable in the Parliament. These items include salary of
the President, the Judges of the Supreme Court, and the members of the Union Public Service Commission
etc. They are charged from the Consolidated Fund of India. In the Financial Sphere, Parliament enjoys the
supreme authority. No tax can be imposed without the authority of law. Executive cannot spend any money
without Parliament sanction. Executive has to prepare Annual Budgets and seek Parliament’s approval. As
stated earlier, Money Bills can originate only in Lok Sabha. Two Standing Committees namely the public
accounts committee and the Estimates committee keep a watch over the ways the Executive spends the
money sanctioned by Parliament.

Other Powers:-

\ 14Parliament has judicial power of impeachment of President, Vice-President and Supreme Court
Judges. In England Parliament i.e, the House of Lords act as the highest court of appeal. In India, members
of the Parliament participate in the election of President. Members of the lower house elect members of
the upper house. Parliament has power to make laws but the laws but the laws are executed by the 
execution of headed by the Ministries which are again a part of Parliament. The Judiciary punishes the
transgressors of the law, but the Parliament has the power to impeach the judges of the Supreme Court.
Control over the Executive

The Parliament controls the executive in the following ways: 1. The Prime Minister & the other ministers
are taken from the Parliament & after becoming ministers they remain the members of the Parliament. They
participate in the meetings of the Parliament. 2. The ministers are responsible to the Parliament for their
actions & policies. 3. The members of the Parliament can ask the ministers questions regarding the
functioning of the administration. The ministers are to give a satisfactory reply to all these questions. 4. The
members of the Parliament by introducing "Adjournment Motion" can invite the attention of the
Government to a serious problem or event. 5. During discussion on budget the members of the Parliament
discuss the working of different departments of the Government & criticize the policies of the Government.
6. The Cabinet continues to remain in office according to the wishes of the Lok Sabha. It can seek the
removal of the Cabinet by passing a no confidence motion against or by rejecting an important Government
Bill & by passing a resolution for reducing the salary of a particular minister. Through Questions,
Supplementary Questions, Adjournment Motions, No-confidence Motions, Parliament seeksto exercise
control over the Executive. Committee on Ministerial Assurances constituted by Parliament seeks to ensure
that the assurances made by the Ministries to Parliament are fulfilled.

Judicial Powers

The Parliament exercises some judicial powers also.. The Parliament can remove the President from office
through impeachment. 2. The parliament can also remove the Vice-President from office. 3. The parliament
can remove the judges of the High Courts and Supreme Court by passing a resolution to the effect. 4. The
parliament can extend or reduce the jurisdiction of the Supreme Court. Electoral Powers: 1. The elected
members of the Parliament participate in the election of the President. 2. The Vice-President is elected by
the members of both the Houses of Parliament. Amendment of the Constitution Parliament plays a major
role in the amendment of the constitution. Major portions of the constitution can be amended by the
parliament alone by a simple or two thirds majority. In some important matters the amendment proposals
 after being passed by the parliament are to be sent for the approval of Legislatures of the states. The states
cannot introduce a resolution of amendment of the constitution. Miscellaneous Powers: 1. The Parliament
can create new state or change the boundary of the state by the procedure of law. 2. The Parliament has the
power to ratify treaties. 3. The Parliament has the power to create or abolish Legislative Council. But the
recommendation should come from the Legislative Assembly. The Indian Parliament enjoys vast powers
and it is a very important institution. It represents the entire nation. The laws framed by it are enforced in
the whole of the state. But the Indian Parliament is not a supreme, sovereign body. The Indian Parliament is
less powerful than the British Parliament.

Qualification to become member of Parliament

As per article 84 of the constitution, a person is qualified to be a member of parliament provided

he:He must be a citizen of India He must make and subscribe on oath or affirmations before the
person authorised by He has completed 30 years of age in case of Rajya Sabha and 25 years in
case of Lok Sabha. He possesses such other qualifications as may be prescribed in that behalf by
or under any law made by Parliament.
The third condition above led the parliament to include other qualifications for MPs in the
Representation of People Act (1951).these qualifications are as follows: Only an elector can be elected.
Thus, the candidate must be registered as a voter in a parliamentary constituency and must be
eligible to vote. If due to any reason the person loses eligibility to vote, he would lose eligibility to
contest also. For example, if a person is jailed or in lawful detention at the time of elections, he
shall not be eligible for voting. However, if a person is in preventive custody, he can vote. These
define if a person is able to contest for election of MP or not. It is not necessary that a person
should be registered as a voter in the same constituency. This is applicable for both Lok Sabha and
Rajya Sabha. A person from reserved category only can contest election if the Lok Sabha seat is
reserved for these categories. However, an SC/ST person can contest election on an unreserved seat
also.
Conclusion

After reading this unit, we've got come to understand how the Parliament of India is constituted
and what are its composition and qualification. The Parliament of India consists of two houses - the
LokSabha and therefore the Rajya Sabha. Between the 2 houses. The Lok Sabha is more powerful
than the Rajya Sabha because it has complete control over the finances of the country and therefore
the Council of Ministers is collectively responsible thereto for its activities. However, the
importance of the Rajya Sabha can't be ignored because it may be a permanent house. The
President of India cannot dissolve it. While we will legitimately happy with the reasonably
successful working of Parliament during the last five decades, Parliament has relevancy only as a
dynamic institution ever adjusting its functions and procedures to the changing needs of the days.
If democracy and freedom are to endure, if representative institutions are to be made impregnable
and if the new economic reforms and an all round effort at liberalization
are involved fruits, it's essential to restore to Parliament and its Members their traditional esteem
and honour within the affections of the people. Reforming the Parliament in essential respects is
already a categorical imperative. An integrated approach to political and economic systems reforms
is necessary. No single reform can provide a miracle cure. Also, parliamentary reforms cannot
be affected in a very hurry. We must proceed with care and caution and start by putting in a
Parliamentary Reforms Commission or a ‘Study of Parliament Group’ outside parliament as
was drained U.K. before the procedural reforms. Finally, of course, the foundations committee or a
Special Procedure Committee of the House should report on the matter. After reading the
various aspects of topic powers and importance of Indian Parliament the project is summed
up. In summation the researcher through his research has analysed the powers, role,
importance of Indian Parliament.

References

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