Article 79

Article 79 of the Constitution of India formally establishes the Parliament of India, the supreme legislative authority of the Union. It marks the beginning of Part V, Chapter II of the Constitution, which deals with the structure, composition, powers, and functioning of the Indian Parliament. The Article symbolises the cornerstone of India’s democratic governance by creating a bicameral legislature under the federal framework.

Constitutional Provision and Composition

Article 79 declares that the Parliament shall consist of the President of India, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha). This tripartite structure ensures both federal representation and popular sovereignty.
While the President is not a member of either House, he or she is an integral part of Parliament, as no law can come into effect without the President’s assent. Thus, Article 79 provides a constitutional foundation for the legislative process, uniting the executive and legislative functions within the bounds of constitutional accountability.

The Rajya Sabha (Council of States)

The Rajya Sabha, or Upper House, represents the States and Union Territories of India. It is a permanent body that cannot be dissolved but is subject to partial renewal.
Key features include:

• Maximum strength: 250 members (238 representatives of States and Union Territories and 12 nominated members).
• Elected members: Chosen by the elected members of the State Legislative Assemblies using the system of proportional representation by means of a single transferable vote.
• Nominated members: Appointed by the President for their special knowledge or practical experience in fields such as literature, science, art, and social service.
• Tenure: Each member serves a term of six years, with one-third retiring every two years, ensuring continuity.

The Rajya Sabha acts as the federal chamber, protecting the interests of States while providing stability in the legislative process. It reviews, debates, and refines legislation passed by the Lok Sabha.

The Lok Sabha (House of the People)

The Lok Sabha, or Lower House, represents the people directly. It is the primary law-making body and reflects the democratic principle of “government of the people, by the people, and for the people.”
Important features include:

• Maximum strength: 552 members — 530 representing the States, 20 representing the Union Territories, and 2 nominated by the President from the Anglo-Indian community (a provision discontinued after the 104th Constitutional Amendment Act, 2020).
• Tenure: The normal term is five years, but it can be dissolved earlier by the President on the advice of the Prime Minister. During a national emergency, the term can be extended by one year at a time.
• Election: Members are directly elected by citizens of India under the universal adult suffrage system.

The Lok Sabha controls the executive branch, as the Council of Ministers remains in office only as long as it enjoys the confidence of the majority in this House.

Role of the President in Parliament

The President of India plays a crucial constitutional role in the functioning of Parliament. Although not a sitting member, the President’s participation is mandatory in the legislative process. Key powers and functions include:

• Summoning, proroguing, and dissolving either House of Parliament.
• Addressing both Houses at the commencement of the first session after each general election and the first session of each year.
• Assenting to bills, which is necessary for any bill to become law.
• Recommending the introduction of certain types of bills, such as Money Bills, and returning non-Money Bills for reconsideration.

This role reflects the President’s position as the constitutional head of Parliament and the guardian of legislative propriety.

Legislative Powers of Parliament

The Indian Parliament has wide-ranging legislative authority under Articles 245 to 255. It can make laws for the entire territory of India or any part thereof. Its powers extend to:

• Subjects in the Union List (e.g., defence, foreign affairs, currency).
• Subjects in the Concurrent List, shared with States (e.g., education, trade unions).
• Under special conditions, Parliament may also legislate on State List subjects, such as in cases of national interest or during an emergency (Article 249 and Article 250).

Additionally, Article 252 allows Parliament to legislate on State matters if two or more States consent to it, and Article 253 empowers Parliament to make laws to implement international agreements.

Sessions and Functioning of Parliament

The Constitution mandates that Parliament must meet at least twice a year, with not more than six months between two sessions. Traditionally, there are three main sessions:

• Budget Session (February–May)
• Monsoon Session (July–September)
• Winter Session (November–December)

Each House conducts its proceedings under detailed rules of procedure, and the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha (Vice-President of India) preside over their respective Houses.

Quorum and Voting

A quorum is the minimum number of members required to conduct business. In both Houses, the quorum is one-tenth of the total membership. Voting may occur through various methods such as:

• Voice vote, where members orally express agreement or disagreement.
• Division vote, where members physically divide into groups.
• Recorded vote, where votes are electronically or manually recorded.

Decisions are generally made by a simple majority, except in constitutional amendment cases that require special majorities.

Parliamentary Committees

Committees are the backbone of parliamentary efficiency, allowing detailed examination of issues. These include:

• Standing Committees (e.g., Public Accounts Committee, Estimates Committee, Committee on Public Undertakings).
• Ad hoc Committees, which are temporary and formed for specific purposes.
• Departmentally Related Standing Committees (DRSCs), introduced in 1993, to ensure effective legislative scrutiny.

Such committees enhance accountability and help members deliberate on complex matters beyond regular floor discussions.

Judicial Interpretation and Landmark Cases

Judicial decisions have played a vital role in defining the scope and limits of Parliament’s powers:

• Keshavananda Bharati v. State of Kerala (1973): Established the Basic Structure Doctrine, limiting Parliament’s power to amend the Constitution.
• Indira Gandhi v. Raj Narain (1975): Clarified the limitations on parliamentary supremacy, striking down parts of the 39th Amendment.
• Minerva Mills Ltd. v. Union of India (1980): Reinforced the balance between Fundamental Rights and Directive Principles, reiterating that Parliament’s power to amend is not absolute.

These judgments collectively ensure that parliamentary authority remains subject to constitutional boundaries.

Amendment Process

Under Article 368, Parliament has the power to amend the Constitution. Amendments are categorised into:

• Simple majority amendments, applicable to certain provisions like admission of new States.
• Special majority amendments, requiring two-thirds support in each House.
• Special majority with State ratification, necessary for federal provisions such as the election of the President or the distribution of legislative powers.

This flexibility ensures that the Constitution remains both dynamic and durable.

Significance of the Indian Parliament

The Parliament of India symbolises the sovereignty of the people and the essence of representative democracy. Its significance lies in:

• Enacting laws for the governance of the nation.
• Holding the executive accountable through questions, motions, and debates.
• Controlling public finances and approving taxation and expenditure.
• Acting as a forum for national deliberation and policy-making.