This MCQ module is based on: Lok Sabha & Rajya Sabha — Powers & Composition
Lok Sabha & Rajya Sabha — Powers & Composition
This assessment will be based on: Lok Sabha & Rajya Sabha — Powers & Composition
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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.
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).
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.
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Constitutional Article | Article 81 | Article 80 |
| Maximum strength | 545 (today 543 filled) | 250 (currently 245) |
| Method of election | Direct, by all adult citizens | Indirect, by State Legislative Assemblies |
| Voting system | First-Past-The-Post | Proportional representation by Single Transferable Vote (STV)? |
| Term | 5 years (maximum) | Permanent — 1/3 retire every 2 years; each member serves 6 years |
| Dissolution | Can be dissolved by President | Never dissolved — permanent House |
| Nominated members | None | 12 nominated by the President from literature, science, art & social service |
| Presiding Officer | Speaker of the Lok Sabha | Vice-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.
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
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 | Powers 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.
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.
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.
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.
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.
- Recall who directly elects each House.
- Recall the “no taxation without representation” principle in democratic theory.
- Apply the principle to who pays taxes and to whom representatives must answer.
- Conclude why the Council of States, however valuable as a federal voice, is not the right body for tax decisions.
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.
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.
Competency-Based Questions — Part 2
(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.