Lok Sabha – Composition, Election, Duration etc.

The Parliament – Lok Sabha

• (Article 79 to 122 of Part V)
• Parliament is the legislative organ of the Union Government.
• Since, India has a Parliamentary system, hence Parliament occupies the central Position.

Organisation of Parliament

• In the Constitution, the Parliament of India consist of three parts –
  • 1. The President
    2. House of States or Upper House or Rajya Sabha – represents States and Union territories
    3. House of Commons or Lower House or Lok Sabha – represents People of India as a whole
• Though President is not a member of a Parliament but after that also he is integral part of the Parliament because all the bills passed by the Parliament need assent of the President to become law.
• He also perform certain proceedings such as Summons or prorogue the sessions, dissolving of Lok Sabha etc. of the Parliament.
• The Parliamentary form of Government emphasises on the interdependence between legislative and executive organ due to which President is integral part of Parliament.

Lok Sabha

• Also Known as House of Common.

Composition of Lok Sabha

• Maximum Strength – 552 (fixed)
• Out of this 552 members, 530 members are to be representative of States, 20 members are to be the representative of Union Territories and 2 members to be nominated by the President from Anglo Indian community.
• At Present, there are 545 members, out of which 530 members are from states, 13 members represents the Union Territories and 2 Anglo Indian members nominated by President.

Representation of States

• • Representative of Lok Sabha are directly elected by the People from territorial constituencies in the states.
  • Elections are based on the Principle of Universal Adult Franchise. (Every Citizen who is above 18 years and is not disqualified under provisions of Constitution to vote)
  • The voting age was reduced from 21 to 18 years by the 61st Amendment Act, 1988.

Representation of Union Territories

• • Chosen by direct election held in the Union Territories

Nominated Members

• • The president can nominate two members from the Anglo-Indian community
  • Originally, this provision was to operate till 1960 but has been extended till 2020 by the 95th Amendment Act, 2009.

System of Elections to Lok Sabha

Territorial Constituencies

• • To held the direct elections of Lok Sabha, each state is divided into territorial Constituencies.
  • The Constitution makes following Provisions in this regards –
    1. Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio between that number and its population is same for all the states. This Provision does not stand for states having population less than six millions.
    2. Each state is divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.
  • In simple terms, there should be uniformity of representation throughout the constituencies.

Readjustment after each Census

• • After every census, a readjustment is to be made in –
    • Allocation of seats in Lok Sabha to the States
    • Division of each state into territorial constituencies
  • The 42nd Amendment Act, 1976 froze 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 Census level.
  • The 84th Amendment Act, 2001 extended this ban on readjustment for another 25 year (i.e. till 2026) to encourage population limiting measures. It also empowered Government to readjust and rationalize the territorial constituencies in States on the basis of 1991 Census of Population.
  • The 87th Amendment Act, 2003 provided for delimitation of Constituencies on the basis of 2001 Census without altering the number of seats allotted to each state in Lok Sabha.

Reservation of Seats for SCs and STs

• • Constitution provides for reservation of Seats for Schedule Tribes and Schedule Castes in Lok Sabha on the basis of Population ratios.
  • Originally, this provision was for 10 years (i.e. upto 1960) but is continuously extended since then.
  • Under 95th Amendment act, 2009 this reservation will last until 2020.
  • The 84th Amendment Act, 2001 provided for refixing of the reserved seats on the basis of population census of 1991. But, the 87th Amendment Act, 2003 changed the Census of 1991 with the population census of 2001 for the refixing of reserved seats.

Proportional Representation not adopted

• • System of territorial representation for the election of members to the Lok Sabha.
  • Under territorial representation, every member of the legislature represents a geographical area known as a constituency.
  • From each constituency, only one representative is elected. Hence such a constituency is known as single member constituency.
  • In this system, a candidate who secures majority of votes is declared elected.
  • This simple majority system of representation does not represent the whole electorate.
  • Proportional Representation for General Election is not adopted due to following –
    • 1. Difficulty for the voters to understand the system (which is complicated) due to low literacy scale in the country.
      2. Unsuitability to the parliamentary government due to the tendency of the system to multiply political parties leading to instability in government.
      3. It is highly expensive.
      4. It does not give any scope for organising by-elections.
      5. It eliminates intimate contacts between voters and representatives.
      6. It promotes minority thinking and group interests.
      7. It increases the significance of party system and decreases that of voter.

Duration and Term of Lok Sabha

• It not a continuing chamber.
• Normal term – 5 years from the date of its first meeting after general election.
• The President can dissolve the Lok Sabha at any time even before the completion of the term and this act cannot be challenged in the court.
• The term of the Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time.

Qualification For member of Lok Sabha

• The Constitution lays the following qualification for a person to be a member of Lok Sabha –
  1. 1. He must be a Citizen of India.
     2. He must not be less than 25 years of age.
     3. He must make and subscribe to an oath or affirmation before the person authorised by the election commission for this purpose. In his oath or affirmation, he swears –
        1. 1. • To bear true faith and allegiance to the Constitution of India
              • To uphold the sovereignty and integrity of India
     4. He must possess other qualification prescribed by Parliament

• The Parliament has added additional qualification in the Representation of People Act (1951) –

1. 1. He must be registered as an elector for a parliamentary constituency.
   2. He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them. However, People of SC & St category can also contest from unreserved seat.

Oath or Affirmation for Members

• Oath or affirmation is taken by the elected person before the President or some person appointed by him for this purpose.
• In his oath or affirmation, a Member of Parliament swears –
  1. To bear true faith and allegiance to the Constitution of India.
  2. To uphold the sovereignty and integrity of India.
  3. To faithfully discharge the duty upon which he is about to enter.
• Unless a member takes the oath, he cannot vote and participate in the proceedings of the House and does not become eligible to parliamentary privileges and immunities.

Disqualifications from the Lok Sabha

• A person is Disqualified from the membership of Lok  Sabha if –

1. 1. 1. If he holds any office of profit under the Union or state government.
      2. If he is of unsound mind and stands so declared by a court.
      3. If he is an undischarged insolvent.
      4. If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state.
      5. If he is so disqualified under any law made by Parliament.

• The Parliament in Representation of People Act (1951) added following additional disqualifications measures –
  • 1. He must not have been found guilty of certain election offences or corrupt practices in the elections.
    2. He must not have been convicted for any offence resulting in imprisonment for two or more years.
    3. He must not have failed to lodge an account of his election expenses within the time.
    4. He must not have any interest in government contracts, works or services.
    5. He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
    6. He must not have been dismissed from government service for corruption or disloyalty to the State.
    7. He must not have been convicted for promoting enmity between different groups or for the offence of bribery.
    8. He must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati.

Disqualification on Ground of Defection

• • • A member incurs disqualification under the defection law –

1. 1. 1. If he voluntary gives up the membership of the political party on whose ticket he is elected to the House.
      2. If he votes or abstains from voting in the House contrary to any direction given by his political party.
      3. If any independently elected member joins any political party.
      4. If any nominated member joins any political party after the expiry of six months.

• • • The question of Disqualification under 10th Schedule is decided by the Speaker of the Lok Sabha.

Vacating of Seats of Parliament

• In the following cases, a Member of Parliament vacates his seat –

Double Membership

• • A person cannot be a member of both the Houses of Parliament at the same time.
  • The Representation of People Act (1951) provides for the following:
  • If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant.
  • If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.
  • If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant.

Disqualification

• • If a Member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant.

Resignation

• • A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha. The seat falls vacant when the resignation is accepted.

Absence

• • A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission.

Other cases

• • A member has to vacate his seat in the Parliament –
  • If his election is declared void by the court.
  • If he is expelled by the House.
  • If he is elected to the office of President or Vice-President.
  • If he is appointed to the office of governor of a state.

 

So, this was all about the Parliament of India and the Lok Sabha. You can learn about other House of Parliament,  Rajya Sabha Here.

In the Next Post (Click Here), we will discuss about the Presiding Officers of the Parliament.