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Lok Sabha & Rajya Sabha — Powers & Composition

🎓 Class 11 Social Science CBSE Theory Ch 5 — Legislature ⏱ ~25 min
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Class 11 · Political Science · Indian Constitution at Work

Chapter 5 · Legislature — Part 2: Lok Sabha, Rajya Sabha & the Powers of Parliament

Now that we know why India has a Parliament and why it has two Houses, the next question is how each House is composed. How are members of the Lok Sabha chosen? Who elects the Rajya Sabha? What is a Money Bill, and why can the Rajya Sabha never reject one? Can the Rajya Sabha give Parliament permission to legislate on a State subject? In this part we work through Articles 80 and 81, the STV system used to elect the Rajya Sabha, the differential powers of the two Houses, and the special federal powers of the Council of States under Articles 249 and 312.

5.7 The Lok Sabha — House of the People

The Lok Sabha and the State Legislative Assemblies are directly elected by the people. For the purpose of election, the entire country (or, for a State Assembly, the entire State) is divided into territorial constituencies of roughly equal population. From each constituency, one representative is elected through universal adult suffrage?, where every adult citizen has one vote of equal value.

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Article 81
Sets the structure of the Lok Sabha — not more than 545 seats; today 543 are filled by direct election from territorial constituencies.
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Five-year term
The Lok Sabha is elected for a period of five years — this is the maximum. It can be dissolved earlier by the President.
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543 constituencies
At present there are 543 constituencies. This number has not changed since the 1971 census.
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Early dissolution
If no party or coalition can form government, or if the PM advises the President, the Lok Sabha can be dissolved before five years.

5.7.1 Composition under Article 81

Article 81 caps the strength of the Lok Sabha at 545. Of these, 543 are elected from territorial constituencies (530 from the States, 13 from the Union Territories). Reserved constituencies for SC and ST candidates are notified by Parliament. As we have just noted, the actual number 543 has been frozen since the 1971 census in order to give States with falling population growth a fair share.

5.7.2 The Five-Year Term — and How It Ends Early

The Lok Sabha is elected for a period of five years. Five years is the maximum. As you saw in the chapter on the executive, the Lok Sabha can be dissolved before the five-year term in two situations:

  • No party or coalition is able to form a government — the President may dissolve the House and order fresh elections.
  • The Prime Minister, while still enjoying a majority, advises the President to dissolve the Lok Sabha and hold an early election (a strategic call common in mature parliamentary democracies).
💡 Why freeze the number at 543?
After the 1971 census, the seat-allocation formula could have been re-applied each decade. But that would have punished States that successfully reduced their population growth (typically southern States) by giving them fewer seats. To avoid penalising good performance, Parliament froze the allocation. This is one reason the 543 figure has not changed for decades.

5.8 The Rajya Sabha — Council of States

The Rajya Sabha represents the States of India. It is an indirectly elected body. Residents of a State first elect members to that State’s Legislative Assembly. The elected members of the State Legislative Assembly in turn elect the members of the Rajya Sabha — using the proportional representation method by single transferable vote.

Lok Sabha vs Rajya Sabha — the structural comparison
FeatureLok SabhaRajya Sabha
Constitutional ArticleArticle 81Article 80
Maximum strength545 (today 543 filled)250 (currently 245)
Method of electionDirect, by all adult citizensIndirect, by State Legislative Assemblies
Voting systemFirst-Past-The-PostProportional representation by Single Transferable Vote (STV)?
Term5 years (maximum)Permanent — 1/3 retire every 2 years; each member serves 6 years
DissolutionCan be dissolved by PresidentNever dissolved — permanent House
Nominated membersNone12 nominated by the President from literature, science, art & social service
Presiding OfficerSpeaker of the Lok SabhaVice-President of India (ex-officio Chairman)

5.8.1 Why Population, Not Equality?

What if we adopted the American system of equal representation for every State in the Rajya Sabha? Uttar Pradesh, with a population of 1998.12 lakhs, would receive seats equal to those of Sikkim, whose population is only 6.10 lakhs. The framers of the Constitution wanted to prevent such a discrepancy — so the number of members elected from each State has been fixed by the Fourth Schedule on the basis of population. A more populous State like Uttar Pradesh sends 31 members to the Rajya Sabha, while a smaller and less populous State like Sikkim has only 1 seat.

5.8.2 The Six-Year Staggered Term

Members of the Rajya Sabha are elected for a term of six years. They can be re-elected. All members of the Rajya Sabha do not complete their terms at the same time. Every two years, one-third of the members complete their term and elections are held for those one-third seats only. Thus, the Rajya Sabha is never fully dissolved — that is why it is called the permanent House of the Parliament.

The advantage of this arrangement is that even when the Lok Sabha has been dissolved and elections are yet to take place, the Rajya Sabha can be summoned and urgent business can be conducted. This continuity is a quiet but powerful safeguard.

Rajya Sabha’s rolling retirement schedule: every two years, one-third of the seats are renewed — so the House never empties.

5.8.3 The Twelve Nominated Members

Apart from the elected members, Rajya Sabha also has twelve nominated members. The President nominates these members. These nominations are made from among those persons who have made their mark in the fields of literature, science, art and social service. Critics ask whom they really represent and whether they contribute much to proceedings. Defenders argue that they bring expertise that an electoral process cannot easily produce — a soldier-statesman, a celebrated scientist or a Sahitya Akademi awardee may add a depth of perspective that political negotiation alone cannot provide.

5.9 Lok Sabha vs Rajya Sabha — Visual Comparison

LOK SABHA Article 81 Max 545 · 543 elected Direct election by people FPTP voting system 5-year term (max) Can be dissolved early Speaker presides UNIQUE POWERS: • Money Bills only here • Removes the government • No-confidence motion • Approves Emergency proclamation RAJYA SABHA Article 80 Max 250 · 233 elected + 12 nom. Indirect by State Assemblies STV (proportional) voting 6-year staggered term Permanent House — never dissolved Vice-President = ex-officio Chairman UNIQUE POWERS: • Article 249: shifts a State subject • Article 312: creates All-India Service • Alone initiates VP’s removal • Twelve nominated experts
A side-by-side glance at the two Houses. Both share many functions, but each has powers no other House can exercise.

5.10 What Does the Parliament Do? — Powers of the Two Houses

We have already seen the eight functions of the Parliament. In a bicameral legislature, however, each House does not possess identical powers. The NCERT chapter sets out the comparison clearly.

Powers of the Lok Sabha and the Rajya Sabha (NCERT comparative table)
Powers of the Lok SabhaPowers of the Rajya Sabha
Makes laws on matters in the Union List and Concurrent List. Can introduce and enact money bills and non-money bills. Considers and approves non-money bills and suggests amendments to money bills.
Approves proposals for taxation, budgets and annual financial statements. Approves constitutional amendments.
Controls the executive by asking questions, supplementary questions, resolutions and motions, and through the no-confidence motion. Exercises control over executive by asking questions, introducing motions and resolutions.
Amends the Constitution. Approves the Proclamation of Emergency. Participates in the election and removal of the President, Vice-President, Judges of the Supreme Court and the High Courts. Alone initiates the procedure for the removal of the Vice-President.
Elects the President and Vice-President; takes part in the removal of Judges of the Supreme Court and High Courts. Can authorise the Union Parliament to make laws on matters in the State list (Article 249).
Establishes committees and commissions, and considers their reports. Co-equal with Lok Sabha on non-money bills, constitutional amendments and impeachment of the President.

5.11 The Three Lawmaking Functions in Detail

5.11.1 Ordinary Bills

An ordinary bill deals with any matter other than financial subjects. It can be introduced in either House — Lok Sabha or Rajya Sabha. To become a law, it must be passed by both Houses (with or without amendments) and then receive the President’s assent. If there is disagreement between the two Houses on an ordinary bill, the deadlock can be resolved through a joint sitting? of the two Houses.

5.11.2 Money Bills

A Money Bill? is a bill that deals with taxation, government borrowing, or expenditure from the Consolidated Fund of India. Article 109 sets out a special procedure: a Money Bill cannot be introduced in the Council of States. It can only be introduced in the Lok Sabha. Once passed by the Lok Sabha, the bill is sent to the Rajya Sabha. The Rajya Sabha may either approve the bill or suggest changes — but it cannot reject it. If it takes no action within 14 days, the bill is deemed to have been passed. Amendments to a Money Bill suggested by the Rajya Sabha may or may not be accepted by the Lok Sabha.

📜 Article 109 — Special procedure for Money Bills
“Special procedure in respect of Money Bills.—(1) A Money Bill shall not be introduced in the Council of States...” The article goes on to set out the 14-day rule and the limited role of the Rajya Sabha in making suggestions.
— Constitution of India, Article 109

5.11.3 Constitutional Amendment Bills

A Constitutional Amendment Bill? aims to alter the Constitution itself. The constituent powers of both the Houses are similar. All constitutional amendments have to be approved by a special majority of both Houses — that is, a majority of total membership of each House and a two-thirds majority of those present and voting. Some categories of amendments (e.g., changes affecting the federal balance) need additional ratification by at least half of the State legislatures.

5.12 Financial Powers — The Power of the Purse

Government spends large amounts on programmes ranging from defence to subsidies. Where does this money come from? Every government raises resources through taxation. In a democracy, the legislature controls taxation and the way money is used. If the Government of India proposes to introduce any new tax, it has to get the approval of the Lok Sabha. The financial powers of Parliament involve granting resources to the government to implement its programmes. The government has to give an account to the legislature about money spent and resources to be raised. The legislature also ensures that the government does not misspend or overspend — achieved through the budget and annual financial statements.

💰 The cartoon’s message
In the NCERT chapter, a 1955 cartoon by Shankar shows ministers looking very humble before Parliament. The legend reads: “The Parliament is the boss and the ministers are looking very humble here. That is the effect of the Parliament’s power to sanction money to different ministries.” The message is simple: the power to grant or refuse money is the deepest tool of legislative control.

5.13 Control of the Executive — Tools, Not Just Talk

The most vital function of Parliament is to ensure that the executive does not overstep its authority and remains responsible to the people who have elected it. The Parliament does this not just through grand debates but through a daily toolkit:

  • Question Hour? — the first hour of every sitting day, when ministers must answer questions from MPs.
  • Zero Hour? — the hour after Question Hour, when MPs may raise any matter; ministers are not bound to reply.
  • Half-an-hour discussion on matters of public importance.
  • Adjournment motion to draw attention to an urgent matter.
  • The No-confidence motion? — the most powerful weapon, which can bring down the government if the Lok Sabha withdraws confidence.

Each of these will be examined in greater depth in Part 3, but it is helpful to note them here so that the difference in the executive-control powers of the two Houses becomes clear: only the Lok Sabha can pass a no-confidence motion that removes the government, because the Council of Ministers is collectively responsible to the Lok Sabha alone.

5.14 Why Lok Sabha Controls the Executive More Effectively

The Council of Ministers is responsible to the Lok Sabha and not to the Rajya Sabha. Therefore, the Rajya Sabha can criticise the government but cannot remove it. The Rajya Sabha cannot initiate, reject or amend money bills. Why this asymmetry? In a democratic form, the people are the final authority. By this logic, the representatives directly elected by the people — that is, the Lok Sabha — should have the crucial powers of removing a government and controlling the finances. The Rajya Sabha is elected by the MLAs and not directly by the people, so the Constitution stops short of giving these powers to it.

⚠ A common misconception
Some students think the Rajya Sabha has “less democratic legitimacy” than the Lok Sabha. This is partly true (it is indirectly elected) but partly misleading. In all other spheres — passing of non-money bills, constitutional amendments, impeachment of the President, removal of the Vice-President — the powers of the Lok Sabha and the Rajya Sabha are co-equal.

5.15 Special Powers of the Rajya Sabha (Articles 249 & 312)

As we saw, the Rajya Sabha is an institutional mechanism to provide representation to the States. Its purpose is to protect the powers of the States. Therefore, any matter that affects the States must be referred to it for consent and approval. Two articles flesh this out and give the Rajya Sabha unique federal powers.

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Article 249
If the Rajya Sabha passes a resolution by two-thirds of members present and voting, Parliament can legislate on a matter in the State list for up to one year (renewable). This is the only constitutional way for the Union to legislate on a State subject for “national interest”.
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Article 312
The Rajya Sabha alone can authorise Parliament, by a similar two-thirds resolution, to create new All-India Services common to the Union and the States — for example, the Indian Forest Service was created in this way.
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Removal of Vice-President
The procedure for removal of the Vice-President can be initiated only in the Rajya Sabha (Article 67). The Lok Sabha is consulted thereafter.
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Twelve nominated voices
Only the Rajya Sabha contains 12 nominated experts. They can vote on all bills except a Money Bill and the election of the President.
📜 Practical experience
However, NCERT cautions: experience shows that the members of the Rajya Sabha represent their parties more than they represent their States. The federal logic of the chamber and its political reality often pull in different directions.
THINK ABOUT IT — Why is Money-Bill power kept with Lok Sabha?
Bloom: L4 Analyse

Construct an argument explaining why the framers gave the Lok Sabha — and not the Rajya Sabha — the exclusive power to introduce, amend and pass Money Bills.

  1. Recall who directly elects each House.
  2. Recall the “no taxation without representation” principle in democratic theory.
  3. Apply the principle to who pays taxes and to whom representatives must answer.
  4. Conclude why the Council of States, however valuable as a federal voice, is not the right body for tax decisions.
✅ Pointers
The Lok Sabha is directly elected by the taxpaying citizens. The classical democratic principle “no taxation without representation” demands that fiscal power lie with the directly elected House. The Rajya Sabha’s job is to protect federal balance and revise hasty laws — not to authorise daily taxation.

5.16 Visualising Lok Sabha — Women’s Representation Trend

One useful indicator of how representative the popular House actually is, is the share of women MPs over time. The chart below shows the steady but slow rise.

Women members in the Lok Sabha as a percentage of total seats. While numbers have been climbing, India has not yet reached parity — one reason behind the case for the Women’s Reservation Bill (passed as the 106th Amendment, 2023) reserving one-third of Lok Sabha seats for women, to take effect after delimitation.

5.17 Closer Look — The Vice-President as Chairman of the Rajya Sabha

The presiding officer of the Rajya Sabha is the Vice-President of India, who serves as the ex-officio Chairman. The Vice-President is elected by an Electoral College consisting of the members of both Houses of Parliament. He or she does not vote in ordinary divisions of the Rajya Sabha but has a casting vote in case of a tie. The Lok Sabha by contrast elects its own Speaker?, who is one of the most powerful figures in the Indian parliamentary system.

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Case Study · Article 249 in action
When Parliament legislates on a State subject
Article 249 has been invoked rarely but with care. For example, when Parliament needed to enact uniform laws on goods movement during national crises, the Rajya Sabha passed two-thirds resolutions allowing the Union to legislate on items normally reserved to the States. Each such resolution lapses after one year unless renewed — preserving federalism while still permitting national-interest action.
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Case Study · Why the Money-Bill rule matters
A Lok Sabha that disagrees with its own Rajya Sabha
Suppose a tax raises political opposition in the Rajya Sabha but the Lok Sabha’s ruling coalition supports it. Article 109 ensures that the Rajya Sabha cannot block the tax — it can only suggest amendments. If the Rajya Sabha sits on the bill for 14 days, it is deemed passed. This rule guarantees that the budget cycle is never derailed by the indirectly elected House.
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Competency-Based Questions — Part 2

Case Study: A bill that proposes to raise excise duty on cigarettes is introduced. After lengthy debate, the Lok Sabha passes the bill. It is sent to the Rajya Sabha, which proposes amendments and returns it. The Lok Sabha rejects all the proposed amendments and re-passes the bill in its original form. The Rajya Sabha takes no further action for 16 days.
Q1. Under which Article of the Constitution is the Lok Sabha’s structure described?
L1 Remember
  • (A) Article 79
  • (B) Article 80
  • (C) Article 81
  • (D) Article 109
Answer: (C) — Article 81 caps the Lok Sabha at 545 seats and sets the framework for direct elections from territorial constituencies.
Q2. In the case-study scenario above, what becomes of the bill after 16 days of inaction by the Rajya Sabha?
L3 Apply
  • (A) The bill lapses, since the Rajya Sabha has rejected it
  • (B) The bill is deemed to have been passed and goes to the President for assent
  • (C) The Lok Sabha must call a joint sitting
  • (D) The Speaker may refer the bill to the Supreme Court
Answer: (B) — A tax bill is a Money Bill. Under Article 109, if the Rajya Sabha takes no action within 14 days the bill is deemed passed. Joint sittings are not used for Money Bills.
Q3. In about 60 words, evaluate the claim that “the Rajya Sabha is a useless duplicate”. Use Articles 249, 312, and the experience of the 1977 and 2000 governments to argue your case.
L5 Evaluate
Model Answer: The Rajya Sabha is far from useless. Article 249 lets it lend Parliament temporary power over a State subject; Article 312 allows the creation of All-India Services. During the Janata rule (1977) and the NDA rule (2000), governments without a Rajya Sabha majority had to negotiate substantial concessions to pass laws. The Rajya Sabha thus protects federal balance and forces deliberation rather than steamrolling.
HOT Q. Imagine that the Constitution is amended to allow a Money Bill to be introduced in the Rajya Sabha as well. Predict two consequences for India’s parliamentary democracy.
L6 Create
Hint: (i) The principle of “no taxation without representation” would weaken: an indirectly elected House could initiate fresh taxation. (ii) The annual budget cycle could be delayed: a Rajya Sabha unwilling to send back a Money Bill within 14 days could now sit on its own version, paralysing finance ministries.
⚖ Assertion–Reason Questions — Part 2
Options:
(A) Both A and R are true, and R is the correct explanation of A.
(B) Both A and R are true, but R is NOT the correct explanation of A.
(C) A is true, but R is false.
(D) A is false, but R is true.
Assertion (A): The Rajya Sabha is called the permanent House of Parliament.
Reason (R): One-third of its members retire every two years, so the House is never fully dissolved.
Answer: (A) — Both statements are true, and R is the structural reason for A. Even when the Lok Sabha is dissolved, the Rajya Sabha can be summoned and the country’s legislative work continues.
Assertion (A): A Money Bill can be introduced only in the Lok Sabha.
Reason (R): The Rajya Sabha is indirectly elected by the State Legislative Assemblies and is therefore not held responsible by the people for tax-and-spend decisions.
Answer: (A) — Both statements are true and R is exactly the rationale used by the framers. Article 109 codifies the rule that flows from the principle.
Assertion (A): The Rajya Sabha can authorise Parliament to make laws on matters in the State list.
Reason (R): Article 249 requires a two-thirds resolution by the Rajya Sabha, valid for one year, to enable Parliament to legislate on a State subject in the national interest.
Answer: (A) — Both statements are true and R is the operative constitutional mechanism. This federal safeguard is unique to the Rajya Sabha.
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