PolitySeptember 20, 2026

Parliament of India: Composition, Lok Sabha, Rajya Sabha, Presiding Officers & Bicameralism for UPSC

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UPSC Planner Editorial Team

Summary

Understand Parliament's composition, Lok Sabha and Rajya Sabha, presiding officers, delimitation, disqualifications and bicameralism for UPSC.

Parliament is the Union legislature of India and the central institution through which representative government, political accountability, federal participation and national law-making operate. The Constitution creates a bicameral Parliament consisting of the President, Rajya Sabha and Lok Sabha, while assigning the two Houses different representative roles and certain distinct constitutional powers.

For UPSC, this chapter should be studied as the institutional foundation for the next chapter on parliamentary procedure, Bills, Budget, committees and the anti-defection law.


Why This Chapter Matters

Questions on Parliament regularly test distinctions rather than isolated facts:

  • Is the President a part of Parliament?
  • Why is Rajya Sabha called a permanent House?
  • Which House controls the Council of Ministers?
  • Who decides disqualification under Article 102(1)?
  • Who decides defection under the Tenth Schedule?
  • What powers belong specifically to Rajya Sabha?
  • What is the constitutional position of the Speaker?
  • When will women's reservation in Lok Sabha become operational?
  • What exactly is frozen until the first Census after 2026?

The key is to distinguish constitutional composition, political representation, presiding authorities, qualifications, disqualifications and federal functions.


Constitutional Framework: Articles 79 to 104

ArticleConstitutional subject
79Constitution of Parliament
80Composition of Rajya Sabha
81Composition of Lok Sabha
82Readjustment of constituencies after each Census
83Duration of the Houses of Parliament
84Qualifications for membership of Parliament
85Sessions, prorogation and dissolution
86President's right to address and send messages to Houses
87Special address by the President
88Rights of Ministers and Attorney-General in the Houses
89Chairman and Deputy Chairman of Rajya Sabha
90Vacation, resignation and removal of Deputy Chairman
91Deputy Chairman or another person to perform Chairman's duties
92Chairman or Deputy Chairman not to preside during removal proceedings
93Speaker and Deputy Speaker of Lok Sabha
94Vacation, resignation and removal of Speaker and Deputy Speaker
95Deputy Speaker or another person to perform Speaker's duties
96Speaker or Deputy Speaker not to preside during removal proceedings
97Salaries and allowances of presiding officers
98Separate secretarial staff of Parliament
99Oath or affirmation by members
100Voting, vacancies and quorum
101Vacation of seats
102Disqualifications for membership
103Decision on questions of disqualification
104Penalty for sitting and voting before oath or when not qualified

[!NOTE] Articles 79 to 104 establish the institutional structure of Parliament. Legislative procedure, Money Bills and financial business are dealt with primarily from Article 107 onward and belong to the next chapter.


Composition of Parliament

Article 79 provides that Parliament consists of:

  1. The President of India
  2. Council of States or Rajya Sabha
  3. House of the People or Lok Sabha

The President is therefore an integral constitutional component of Parliament, even though the President is not a member of either House. This distinction is important because parliamentary legislation requires presidential assent, Parliament is summoned by the President under Article 85, and the President exercises constitutional functions relating to addresses, messages and legislative assent.

Prelims Trap

The President is part of Parliament, but is not a member of either House.


Rajya Sabha: Council of States

Article 80 establishes Rajya Sabha as the federal chamber of Parliament. The Constitution permits:

  • 12 members nominated by the President
  • not more than 238 representatives of States and Union Territories

The nominated members are chosen from persons having special knowledge or practical experience in:

  • literature
  • science
  • art
  • social service

Election of State Representatives

Representatives of a State in Rajya Sabha are elected by the elected members of the State Legislative Assembly. The election uses:

  • Proportional Representation by means of the Single Transferable Vote

This differs from Lok Sabha elections, which use direct election from territorial constituencies.

Allocation of Seats

Rajya Sabha representation among States is not equal. Seats are allocated through the Fourth Schedule and broadly reflect differences in population. Therefore India does not follow the United States model of equal State representation in the upper chamber.


Why Rajya Sabha Is a Permanent House

Under Article 83:

  • Rajya Sabha is not subject to dissolution
  • approximately one-third of its members retire every second year
  • members normally have a six-year term

This continuity allows the Union legislature to retain an institutional chamber even when Lok Sabha is dissolved.

[!TIP] Rajya Sabha is a permanent House, but individual Rajya Sabha members do not hold permanent membership.


Lok Sabha: House of the People

Article 81 provides for the House of the People. Lok Sabha represents citizens through direct election from territorial constituencies. India currently has 543 Parliamentary Constituencies, each returning one elected member to Lok Sabha. The Election Commission confirms that the present system contains:

  • 543 Parliamentary Constituencies
  • 84 constituencies reserved for Scheduled Castes
  • 47 constituencies reserved for Scheduled Tribes

Reservation for SC and ST constituencies does not create a separate electorate. All eligible voters in the constituency vote in the election.


Lok Sabha vs Rajya Sabha

FeatureLok SabhaRajya Sabha
Constitutional nameHouse of the PeopleCouncil of States
Primary representationPeopleStates and Union Territories
ElectionDirect electionMainly indirect election
DissolutionCan be dissolvedPermanent House
Normal member term5-year House term6 years
Retirement by rotationNoAbout one-third every 2 years
Council of Ministers responsible toLok SabhaNo collective responsibility to Rajya Sabha
Money Bill predominanceYesRestricted role
Article 249 special powerNoYes
Article 312 special powerNoYes

Both Houses are otherwise important components of the bicameral legislative process, and neither should be described simply as a superior or inferior chamber for all constitutional purposes.


Duration of Lok Sabha

Article 83 provides that Lok Sabha normally continues for five years from the date appointed for its first meeting, unless sooner dissolved.

During a Proclamation of Emergency, Parliament may by law extend the term:

  • by not more than one year at a time
  • not beyond six months after the Emergency ceases to operate

This extension is exceptional and does not convert Lok Sabha into a permanent House.


Sessions, Prorogation and Dissolution

Article 85 empowers the President to:

  • summon each House
  • prorogue either House
  • dissolve Lok Sabha

A gap of more than six months cannot intervene between the last sitting of one session and the first sitting of the next session. In constitutional practice these powers operate within the parliamentary system and the aid-and-advice framework.

Key Distinctions

  • Adjournment: Interrupts or ends a sitting for a specified period. It is exercised within the House by the presiding authority.
  • Prorogation: Terminates a session of a House.
  • Dissolution: Ends the life of Lok Sabha itself. Rajya Sabha cannot be dissolved.

Representation, Census and Delimitation

Article 82 requires Parliament to provide for readjustment of Lok Sabha seats and territorial constituencies after each Census, subject to the constitutional framework. Two amendments are particularly important.

84th Constitutional Amendment Act, 2001

The freeze on readjustment of the allocation of Lok Sabha seats among States was extended until the relevant figures of the first Census taken after 2026 are published. The purpose was to avoid penalising States that had performed better in population stabilisation.

87th Constitutional Amendment Act, 2003

It permitted readjustment and delimitation of constituencies using 2001 Census figures, without changing the overall State-wise allocation that remained constitutionally frozen.

The Election Commission states that the existing parliamentary constituency framework is based substantially on the delimitation exercise using the 2001 Census, subject to subsequent legally authorised changes.

[!WARNING] The Constitution did not automatically order a nationwide delimitation exercise in the calendar year 2026. The relevant constitutional trigger concerns the first Census taken after 2026 and publication of its relevant figures.


Women's Reservation in Legislatures

The Constitution (One Hundred and Sixth Amendment) Act, 2023, popularly known as the Nari Shakti Vandan Adhiniyam, inserted provisions for reservation of seats for women. The Central Government brought the Amendment Act into force on 16 April 2026 through an official Gazette notification.

Important provisions include:

  • Article 330A: reservation for women in Lok Sabha
  • Article 332A: reservation for women in State Legislative Assemblies
  • Article 334A: commencement and operation of the reservation framework
  • related changes to Article 239AA for the Legislative Assembly of Delhi

What Is Reserved?

As nearly as may be:

  • one-third of the total seats filled by direct election in Lok Sabha are to be reserved for women
  • one-third of SC/ST-reserved Lok Sabha seats are to be reserved for women belonging to those categories

Has the Reservation Become Operational Immediately?

No. Article 334A links operationalisation to:

  1. publication of the relevant figures of the first Census taken after commencement of the 106th Amendment Act, and
  2. a delimitation exercise undertaken for this purpose.

Therefore:

The Amendment is in force from 16 April 2026, but reservation of seats does not become operational merely because the commencement notification has been issued. The delimitation condition under Article 334A must also be satisfied.

This distinction is extremely important for current UPSC preparation.


Presiding Officers of Lok Sabha

Articles 93 to 96 deal primarily with the Speaker and Deputy Speaker.

Speaker

Lok Sabha chooses two of its members to be:

  • Speaker
  • Deputy Speaker

The Speaker:

  • presides over Lok Sabha
  • maintains order and regulates proceedings
  • exercises powers under the Rules of Procedure
  • has a casting vote in case of equality of votes
  • performs important functions concerning parliamentary committees
  • presides over a joint sitting of Parliament when one is summoned
  • performs functions assigned under the Tenth Schedule
  • exercises constitutional responsibilities relating to Money Bill certification under Article 110

Continuity After Dissolution

A major constitutional safeguard appears in Article 94. Although Lok Sabha may be dissolved, the Speaker does not vacate office on dissolution. The Speaker continues until immediately before the first meeting of the next Lok Sabha. This ensures continuity in a key parliamentary office.

Removal of Speaker or Deputy Speaker

A Speaker or Deputy Speaker may be removed by a resolution of Lok Sabha passed by a majority of all the then members of the House.

At least 14 days' notice must be given before moving such a resolution. When a resolution for the Speaker's removal is under consideration, the Speaker cannot preside over that sitting.


Presiding Officers of Rajya Sabha

Chairman

Under Articles 64 and 89, the Vice-President of India is the ex-officio Chairman of Rajya Sabha. Therefore, unlike the Speaker:

  • the Chairman need not be a member elected from Rajya Sabha
  • the office arises from holding the Vice-Presidency

Deputy Chairman

Rajya Sabha chooses one of its members as Deputy Chairman. The Deputy Chairman performs the Chairman's duties when constitutionally required.

Removal

The removal mechanism for the Vice-President, who serves as Chairman of Rajya Sabha, arises under Article 67(b). A resolution must:

  • originate in Rajya Sabha
  • be passed by a majority of all the then members of Rajya Sabha
  • be agreed to by Lok Sabha
  • satisfy the constitutional notice requirement

The Deputy Chairman's removal is separately governed by Article 90.


Voting and Quorum

Article 100 provides the general voting rule. Questions in either House are generally decided by a majority of members present and voting.

The presiding officer ordinarily does not vote in the first instance, but exercises a casting vote when votes are equally divided.

Quorum

Unless Parliament provides otherwise by law, the constitutional quorum is one-tenth of the total number of members of the House. If there is no quorum, the presiding authority must adjourn or suspend the meeting until there is a quorum.


Qualifications for Membership

Article 84 specifies constitutional qualifications. A person must:

  • be a citizen of India
  • make and subscribe the prescribed oath or affirmation
  • satisfy the minimum age requirement
  • possess other qualifications prescribed by Parliament

The minimum age is:

  • 25 years for Lok Sabha
  • 30 years for Rajya Sabha

Additional statutory qualifications are governed principally by election law, including the Representation of the People Act, 1951.


Vacation of Seats: Article 101

Article 101 addresses circumstances including:

  • simultaneous membership of both Houses
  • simultaneous membership of Parliament and a State Legislature
  • resignation
  • prolonged absence under constitutional conditions

A person cannot continue indefinitely as a member of incompatible legislatures contrary to the constitutional framework.


Disqualification Under Article 102

Article 102(1) provides constitutional grounds for disqualification. A person is disqualified if the person:

  • holds an office of profit under the Union or a State, except an office exempted by law
  • is of unsound mind and stands so declared by a competent court
  • is an undischarged insolvent
  • is not a citizen of India, has voluntarily acquired citizenship of a foreign State, or is under acknowledgement of allegiance or adherence to a foreign State
  • is disqualified by or under a law made by Parliament

The Representation of the People Act, 1951 contains major statutory disqualifications.


Article 103: Who Decides a Disqualification?

For a question arising under Article 102(1) concerning an existing Member of Parliament:

  • the question is referred to the President
  • before deciding, the President must obtain the opinion of the Election Commission of India
  • the President must act according to the Election Commission's opinion

This is different from disqualification for defection.

[!IMPORTANT] Article 103 disqualification and Tenth Schedule disqualification do not use the same decision-making mechanism.


Anti-Defection and the Tenth Schedule

Article 102(2) connects parliamentary membership with disqualification under the Tenth Schedule. The Tenth Schedule deals with defection by members of legislatures.

Questions of disqualification under the Tenth Schedule are decided by:

  • the Speaker in Lok Sabha
  • the Chairman in Rajya Sabha

subject to constitutional judicial review.

Kihoto Hollohan v. Zachillhu

The Supreme Court upheld the broad constitutional validity of the Tenth Schedule. A key principle is:

The Speaker or Chairman exercises an adjudicatory function as a tribunal under the Tenth Schedule, and the final decision is subject to judicial review.

Judicial review is ordinarily exercised after the presiding officer's decision, subject to exceptional circumstances recognised in subsequent jurisprudence. The detailed anti-defection framework belongs to the next chapter on parliamentary procedure.


Leader of the House

The Leader of the House is an important parliamentary functionary. In Lok Sabha, this is generally:

  • the Prime Minister, if the Prime Minister is a member of Lok Sabha, or
  • a minister nominated to function as Leader of the House where required

The office is important for organisation of government business and coordination within the House. It is not a separate constitutional office created by a specific Article comparable to the Speaker.


Leader of the Opposition

The Leaders of Opposition in Parliament have statutory recognition under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

The Act identifies the Leader of Opposition in relation to a House as the member who is:

  • leader in that House of the party in opposition to the Government having the greatest numerical strength, and
  • recognised as such by the Speaker or Chairman, as applicable

The 10 Percent Issue

A frequent UPSC misconception is: "The 1977 Act requires an opposition party to have at least 10 percent of the House to get a Leader of Opposition."

This is not stated as a 10 percent requirement in the text of the 1977 Act itself. Historically, parliamentary directions and recognition practices have used numerical criteria, including the one-tenth concept, but this should not be confused with an express statutory requirement in the 1977 Act.


Whip

A Whip is an important party functionary used to organise legislative attendance, voting and party coordination. The office of Whip is:

  • not created by the Constitution as an independent constitutional office
  • not equivalent to the Speaker, Chairman or Leader of Opposition
  • principally part of parliamentary party organisation and practice

However, party directions can acquire constitutional significance under the Tenth Schedule, particularly where a member votes or abstains contrary to a party direction without the required permission or condonation.


Rajya Sabha's Special Constitutional Powers

Although Lok Sabha has greater control over government survival and financial business, Rajya Sabha has significant constitutional powers of its own.

Article 249: Parliament and the State List

If Rajya Sabha passes a resolution supported by not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest, Parliament may legislate on the specified State List matter. Such a resolution remains in force for the period constitutionally permitted and may be renewed according to Article 249. This reflects Rajya Sabha's role as the federal chamber.

Article 312: Creation of All India Services

Rajya Sabha may, by a resolution supported by not less than two-thirds of members present and voting, declare that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and States. Parliament may then legislate accordingly.

Role During Lok Sabha Dissolution

The permanent character of Rajya Sabha becomes especially important when Lok Sabha is dissolved. Under the emergency provisions, Rajya Sabha can perform constitutionally specified approval functions during the period when Lok Sabha is unavailable, subject to the special time limits governing approval by the newly constituted Lok Sabha.

Prelims Trap: Article 252

Article 252 is sometimes incorrectly listed as a "special power of Rajya Sabha". It is not. Article 252 allows Parliament to legislate for two or more States on a State List matter after those States adopt the constitutionally required resolutions. It is not a special Rajya Sabha power comparable to Articles 249 and 312.


Where Lok Sabha Has a Distinct Constitutional Position

Lok Sabha's special importance flows mainly from popular representation and responsible government.

Collective Responsibility

Under Article 75(3), the Council of Ministers is collectively responsible to the House of the People. Therefore the Union Government must retain the confidence of Lok Sabha. Rajya Sabha may debate, criticise and scrutinise the Government, but it does not determine the survival of the Council of Ministers through collective responsibility.

Financial Predominance

Lok Sabha also has a constitutionally stronger role concerning:

  • Money Bills
  • Demands for Grants
  • financial control over the executive

These mechanisms are examined in detail in the next chapter.


Why India Has a Bicameral Parliament

Indian bicameralism serves several constitutional purposes:

  1. Popular Representation: Lok Sabha directly reflects electoral representation of citizens.
  2. Federal Representation: Rajya Sabha gives States and eligible Union Territories representation at the Union legislative level.
  3. Legislative Deliberation: A second chamber provides an additional institutional stage for legislative scrutiny and debate.
  4. Continuity: Rajya Sabha remains in existence even when Lok Sabha is dissolved.
  5. Constitutional Balance: Certain powers are deliberately distributed differently between the Houses.

Indian bicameralism therefore combines popular representation, federal participation, legislative scrutiny, and institutional continuity.


Parliament and Parliamentary Sovereignty

India does not follow the British doctrine of unlimited parliamentary sovereignty. Parliament operates under a written Constitution and is subject to constitutional limitations. Its laws may be reviewed by constitutional courts. Constitutional amendments are also subject to the Basic Structure doctrine.

Therefore the Indian model is better described as constitutional supremacy with a powerful but constitutionally limited Parliament.


Parliamentary Privileges

Article 105 provides constitutional privileges relating to Parliament, its members and committees. The most important explicit protection is freedom of speech in Parliament, subject to the Constitution and parliamentary rules.

Parliamentary privilege is designed to enable the legislature to perform its constitutional functions independently. It does not place every parliamentary action completely beyond constitutional judicial review.

Raja Ram Pal v. Speaker, Lok Sabha (2007)

The Supreme Court recognised Parliament's power concerning its privileges and internal functioning, while also holding that constitutional limitations and judicial review are not completely excluded merely because parliamentary privilege is involved.


High-Yield Constitutional Distinctions

QuestionCorrect position
Is President part of Parliament?Yes, under Article 79
Is President a member of either House?No
Can Rajya Sabha be dissolved?No
Is Rajya Sabha representation equal for every State?No
Which House controls survival of Union Council of Ministers?Lok Sabha
Who decides Article 102(1) disqualification of an existing MP?President acting according to ECI opinion under Article 103
Who decides Tenth Schedule disqualification?Speaker or Chairman, subject to judicial review
Is the 10 percent LoP threshold written in the 1977 Act?No
Is Article 252 a special Rajya Sabha power?No
Which Articles provide major special Rajya Sabha powers?Articles 249 and 312
Is women's reservation already operational in Lok Sabha merely because the 106th Amendment commenced?No. Article 334A Census and delimitation conditions must be satisfied

Prelims Traps

  • Trap 1: Rajya Sabha is a weak House. Incorrect. Rajya Sabha has limited power in certain financial matters and cannot determine the survival of the Council of Ministers, but it has equal or significant authority in many constitutional areas and special powers under Articles 249 and 312.
  • Trap 2: The President is outside Parliament. Incorrect. Article 79 expressly makes the President a constituent part of Parliament.
  • Trap 3: Rajya Sabha members are directly elected. Incorrect. Representatives of States are elected indirectly by elected members of State Legislative Assemblies using proportional representation by means of the single transferable vote.
  • Trap 4: Leader of Opposition requires 10 percent because the 1977 Act says so. Incorrect. The 1977 Act itself does not expressly prescribe a 10 percent threshold.
  • Trap 5: Article 103 applies to defection cases. Incorrect. Article 103 deals with questions concerning Article 102(1). Defection is governed by Article 102(2) read with the Tenth Schedule.
  • Trap 6: Article 252 is a Rajya Sabha special power. Incorrect. Articles 249 and 312 provide major special powers to Rajya Sabha. Article 252 concerns Parliament legislating for consenting States.
  • Trap 7: Women's reservation became immediately operational on 16 April 2026. Incorrect. The 106th Amendment Act commenced on that date, but Article 334A links actual operation of seat reservation to the constitutionally required Census and delimitation process.

GS-II Mains Framework

A question on the role of Parliament can be approached through five dimensions:

  1. Representative Function: Lok Sabha represents citizens directly, while Rajya Sabha introduces a federal dimension.
  2. Accountability Function: Parliament scrutinises the executive through debates, questions, motions, committees and financial control.
  3. Legislative Function: Parliament makes Union laws and exercises constitutionally permitted legislative power in State subjects under exceptional provisions.
  4. Federal Function: Rajya Sabha gives States institutional representation at the Union level and possesses special powers under Articles 249 and 312.
  5. Constitutional Function: Parliament participates in constitutional amendment, removal procedures, emergency approvals and institutional appointments or processes where the Constitution so provides.

A balanced conclusion should recognise that the effectiveness of Parliament depends not only on formal constitutional power but also on deliberation, committee scrutiny, opposition participation and respect for parliamentary procedure.


Frequently Asked Questions

Is the President of India a member of Parliament?

The President is not a member of Lok Sabha or Rajya Sabha, but Article 79 makes the President an integral constituent part of Parliament.

Why is Rajya Sabha called a permanent House?

Article 83 provides that Rajya Sabha is not subject to dissolution. Its members serve terms with approximately one-third retiring every second year.

What are the special powers of Rajya Sabha?

Two major special powers are Article 249, which can enable Parliament to legislate on a State List matter in the national interest, and Article 312, which can enable creation of All India Services. Both require the constitutionally prescribed two-thirds majority of members present and voting in Rajya Sabha.

Who decides whether a Member of Parliament is disqualified?

For questions under Article 102(1), Article 103 places the decision with the President, who must obtain and act according to the Election Commission's opinion. Defection cases under the Tenth Schedule are decided by the Speaker or Chairman, subject to judicial review.

Is the 10 percent rule mandatory for recognition of the Leader of Opposition under the 1977 Act?

The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 does not itself prescribe an express 10 percent threshold. The statutory definition focuses on leadership of the opposition party having the greatest numerical strength and recognition by the relevant presiding officer.

Has women's reservation in Lok Sabha already become operational?

The Constitution (One Hundred and Sixth Amendment) Act, 2023 came into force on 16 April 2026. However, Article 334A provides that the reservation framework takes effect after the relevant Census figures are published and a delimitation exercise is undertaken for that purpose.


Official Primary References

Exam Insights

Prelims Facts

  • Article 79 establishes that Parliament consists of the President of India, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).
  • The President is an integral constitutional component of Parliament under Article 79, but is not a member of either House.
  • Rajya Sabha is a permanent House under Article 83 and is not subject to dissolution; one-third of its members retire every second year.
  • The 84th Constitutional Amendment Act, 2001 froze the readjustment of Lok Sabha seats among States until figures of the first Census taken after 2026 are published.
  • The Constitution (106th Amendment) Act, 2023 commenced on 16 April 2026, but Article 334A makes actual seat reservation operational only after post-commencement Census and delimitation.
  • The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 gives statutory recognition to the Leader of the Opposition without prescribing a 10 percent quota in the Act.
  • Under Article 103, the President decides post-election disqualification questions under Article 102(1) based on the binding opinion of the Election Commission of India.