Understanding the Central Legislature of India: Parliament’s Composition and Powers

India’s Parliament is the nerve center of its democracy – a forum where laws are born, budgets are passed, governments are held accountable, and the Constitution itself can be rewritten. With over 1.4 billion people represented, the way this institution is structured and how it functions directly shapes the lives of every Indian citizen. Understanding how Parliament is composed, how it makes laws, and what powers it holds is not just a matter of political science – it is essential to understanding democracy in action.

The three pillars: who makes up Parliament? 🔗

According to the Government of India, the legislature of the Union – Parliament – consists of the President and two Houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). This three-part structure is defined under Article 79 of the Constitution of India, which states that there shall be a Parliament for the Union consisting of the President and these two Houses.

While the President does not sit in either House or attend its meetings, the President is an integral constitutional component of Parliament. No bill passed by both Houses can become law without the President’s assent. Under Articles 60 and 111 of the Constitution, the President’s responsibility is to ensure that laws passed by Parliament adhere to relevant constitutional provisions and that the Constitution’s stipulated procedures are followed before granting approval to bills.

Lok Sabha: the house of the people 🔗

The Lok Sabha, also known as the House of the People, is the lower house of the bicameral Parliament of India. Members are elected by adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the union council of ministers.

The Lok Sabha currently has 543 members. Every citizen of India over 18 years of age, irrespective of gender, caste, religion, or race, is eligible to vote for members of the Lok Sabha. To stand for election, a candidate must be at least 25 years old, a citizen of India, and must not hold any office of profit under the government.

Of the 543 seats, 84 seats are reserved for Scheduled Castes and 47 seats are reserved for Scheduled Tribes , reflecting the Constitution’s commitment to inclusive representation. The Lok Sabha is presided over by the Speaker, elected from among its members.

The Lok Sabha holds greater legislative authority compared to the Rajya Sabha in most matters. Once the Lok Sabha passes the budget of the government or any money-related law, the Rajya Sabha cannot reject it. The Lok Sabha also holds the crucial power to pass a motion of no confidence against the Council of Ministers, making it the true site of governmental accountability.

Rajya Sabha: the council of states 🔗

The Rajya Sabha, or Council of States, is the upper chamber of Parliament and represents the rights of the Indian states and union territories. The Vice President of India serves as the ex officio chairman of the Rajya Sabha.

The Constitution provides that the Rajya Sabha shall consist of 250 members, of which 12 members shall be nominated by the President from amongst persons having special knowledge or practical experience in respect of such matters as literature, science, art, and social service; and not more than 238 representatives of the States and Union Territories. Currently, the Rajya Sabha has 245 seats.

A defining feature of the Rajya Sabha is that it is a permanent body – it cannot be dissolved. The terms of one-third of the house’s membership expire every two years, ensuring continuity of legislative work even when the Lok Sabha is dissolved for elections. Members serve six-year terms and are elected indirectly by the elected members of state legislative assemblies, through proportional representation.

The Rajya Sabha maintains the federal spirit by protecting the interests of the states, and hence it acts as an effective revising body. It also holds certain exclusive powers: under Article 249, it can authorize Parliament to legislate on subjects in the State List, and under Article 312, it can authorize the creation of new All-India Services.

How a bill becomes a law: the legislative process 🔗

The basic function of Parliament is to make laws. All legislative proposals have to be brought in the form of bills before Parliament. A bill is a statute in draft and cannot become law unless it has received the approval of both Houses of Parliament and the assent of the President of India. A bill can be introduced either by a Minister – called a Government Bill – or by a member other than a Minister, known as a Private Member’s Bill.

First reading: introduction 🔗

Once permission is granted, the member introduces the bill by reading its title and objectives. The bill is then published in the Gazette of India. This entire process from introduction to publication is called the First Reading. No discussion on the bill takes place at this stage.

Second reading: scrutiny and debate 🔗

The Second Reading is the most critical stage. This stage involves general as well as detailed scrutiny of the bill. It is at this stage that the bill assumes its final shape. During the consideration stage, the House can choose to take the bill up immediately, refer it to a Select Committee of the House, refer it to a Joint Committee of both Houses, or circulate it to elicit public opinion.

After the committee stage, the bill is debated clause by clause. Each clause is discussed and voted upon separately. Members can also move amendments and if accepted, they become part of the bill.

Third reading: final vote 🔗

The Third Reading is the final one. No amendments are permitted at this point because the general concepts of the bill have already been assessed during the second reading. The discussion is focused on whether the law should be accepted or rejected as a whole. If a majority of the members present and voting approve the measure, it is deemed to have passed by the House. The bill is then transmitted to the second House, which follows the same three-reading process.

The role of parliamentary committees 🔗

Parliamentary committees are the backbone of serious legislative scrutiny. They are also called “Workshops of Parliament” because the real, detailed, technical work of legislation and oversight happens here – away from the drama of the full House.

Parliament scrutinises legislative proposals in two ways. The first is by discussing it on the floor of the two Houses – a legislative requirement. The second mechanism is by referring a bill to a parliamentary committee, which addresses the limitation of debate on the floor of the House. Since Parliament typically meets for only 70 to 80 days in a year, committees allow for the in-depth examination that full House sessions simply cannot provide.

A bill can usually be referred to a parliamentary committee in three ways: the minister piloting the bill can seek permission of the House; the Chairman or Speaker has the discretion to refer it; or, when a bill reaches a House where the government does not have a majority, MPs of that House can move a motion to refer it to a committee.

There are currently 24 Departmentally Related Standing Committees – of which 8 work under the direction of the Chairman of the Rajya Sabha, and 16 under the direction of the Speaker of the Lok Sabha. In addition, Select Committees and Joint Parliamentary Committees (JPCs) are formed for specific bills or investigations, and cease to exist once their report is submitted.

The essential role of the opposition 🔗

A Parliament without a functioning opposition is a Parliament without accountability. During the Second Reading, members of the Treasury and the Opposition give speeches in favour of or against the bill’s guiding ideas. It is through this adversarial process that weaknesses in legislation are exposed, alternative perspectives are heard, and the government is kept in check.

The opposition’s most powerful tool is often the demand for committee referral. As PRS Legislative Research notes, when ministers are trying to build political consensus on a bill, they welcome its being referred to a committee. However, when they are in a hurry to get their legislative proposals approved, they resist this. This dynamic – between the government’s desire for speed and the opposition’s insistence on scrutiny – is at the heart of parliamentary democracy.

By convention, the chairmanship of the Public Accounts Committee (PAC) – Parliament’s most important financial oversight body – has been held by the opposition since 1967 , ensuring that government expenditure is examined by those with no interest in covering it up.

Parliament’s financial powers 🔗

Parliament’s control over national finances is one of its most consequential functions. Parliament passes the Budget and exercises oversight over public expenditure, while also having the power to ventilate public grievances and discuss development plans, national policies, and international relations.

Money Bills – those relating to taxation and government spending – can only be introduced in the Lok Sabha. The Rajya Sabha cannot introduce, reject, or amend revenue bills, which are the sole prerogative of the Lok Sabha. If the Rajya Sabha does not return a Money Bill within 14 days, it is deemed passed – a provision that prevents the upper house from obstructing the government’s financial agenda.

Beyond the budget, Parliament controls the Consolidated Fund of India, and no money can be drawn from it without parliamentary authorization. Three financial committees – the Public Accounts Committee, the Estimates Committee, and the Committee on Public Undertakings – together scrutinize every major aspect of government finance, from budget estimates to actual expenditure to the performance of public sector enterprises.

Amending the Constitution: Parliament’s ultimate authority 🔗

Perhaps the most significant power held by Parliament is the ability to amend the Constitution itself, governed by Article 368.

A constitutional amendment under Article 368 requires a special majority. The bill must be passed in each House by a majority of the total membership of that House and by at least two-thirds of the members present and voting. For amendments affecting federal structure – such as the election of the President, distribution of legislative powers, or the judiciary – the amendment must also be ratified by at least half of the State Legislatures before being presented to the President for assent.

This power, however, is not unlimited. In the landmark Kesavananda Bharati v. State of Kerala (1973) judgment, the Supreme Court upheld Parliament’s amending authority but introduced the Basic Structure Doctrine, stating that essential constitutional features cannot be destroyed. This means Parliament cannot use Article 368 to abolish democracy, secularism, federalism, or judicial review – the foundational pillars of the Indian constitutional order.

When the two Houses disagree: joint sittings 🔗

Disagreements between the Lok Sabha and Rajya Sabha on ordinary bills are resolved through a joint sitting of both Houses. New amendments cannot be proposed during a joint sitting. In such a session, members of the Lok Sabha would generally prevail, since the Lok Sabha includes more than twice as many members as the Rajya Sabha. Importantly, joint sittings cannot be convened for Money Bills or Constitutional Amendment Bills – in these cases, the rules described above apply exclusively.

When Parliament is not in session and urgent action is needed, the President may promulgate ordinances under Article 123 of the Constitution. An ordinance has the same force and effect as an act of Parliament, but every ordinance shall cease to operate if not passed by Parliament within six weeks of its reassembly.

Why Parliament’s design matters 🔗

India’s bicameral Parliament was not designed by accident. The framers of the Constitution chose this structure deliberately – to balance popular representation with federal representation, speed with deliberation, and majoritarian impulse with constitutional restraint. The Lok Sabha gives voice to the people; the Rajya Sabha gives voice to the states. Together, with the President providing a final constitutional check, the system is designed to ensure that no law is passed lightly. The legislative process – with its three readings, committee referrals, financial controls, and the demanding threshold for constitutional amendment – reflects a deeply considered vision of what responsible governance looks like in a diverse democracy.

What do you think? With Parliament meeting for as few as 70-80 days a year, is there enough time for meaningful scrutiny of all legislation? And given that the Basic Structure Doctrine limits how the Constitution can be amended, do you think Parliament’s amending power strikes the right balance between flexibility and permanence?

References

1. https://knowindia.india.gov.in/profile/the-union/legislature.php
2. https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/parliament
3. https://prsindia.org/articles-by-prs-team/to-ensure-legislative-scrutiny-every-bill-must-be-sent-to-a-parliamentary-committee
4. https://www.constitutionofindia.net/articles/article-368-power-of-parliament-to-amend-the-constitution-and-procedure-therefor/
5. https://indiankanoon.org/doc/594125/