Understanding the Union Legislature: Composition, Elections, and Qualifications
The Parliament of India is the supreme legislative body, responsible for making laws for the entire country. It is bicameral, consisting of the President, the Lok Sabha (House of the People), and the Rajya Sabha (Council of States). This module delves into the composition, electoral process, and eligibility criteria for members of both houses, crucial for mastering UPSC Polity and Constitution.
The Lok Sabha (House of the People)
The Lok Sabha is the lower house of the Parliament. Its members are directly elected by the people of India on the basis of universal adult franchise. The maximum strength of the Lok Sabha is currently fixed at 552 members. Of these, up to 530 members are elected from territorial constituencies in the States, and up to 20 members are elected from Union Territories. Additionally, the President can nominate not more than two members from the Anglo-Indian community if they are not adequately represented in the House.
Lok Sabha elections are based on 'First Past the Post'.
In the 'First Past the Post' system, the candidate who secures the highest number of votes in a constituency wins, regardless of whether they achieve a majority. This system is used for Lok Sabha elections.
The electoral system for the Lok Sabha is the 'First Past the Post' (FPTP) system. In this system, the country is divided into single-member territorial constituencies. During an election, voters cast their votes for a candidate. The candidate who receives the most votes in a constituency is declared the winner. This system is simple and generally leads to clear winners, but it can sometimes result in a party winning a majority of seats without winning a majority of the popular vote.
First Past the Post (FPTP).
Qualifications for Lok Sabha Membership
To be eligible for election as a member of the Lok Sabha, a person must fulfill certain qualifications as laid down by the Constitution of India. These ensure that representatives are capable and responsible citizens.
| Qualification | Requirement |
|---|---|
| Citizenship | Must be a citizen of India. |
| Age | Must have attained the age of 25 years. |
| Mental Capacity | Must be of sound mind, not declared by a competent court to be of unsound mind. |
| Insolvency | Must not be an undischarged insolvent. |
| Disqualification | Must not have been convicted of any offence involving moral turpitude or sentenced to imprisonment for two years or more. Must not be disqualified under any law made by Parliament (e.g., Representation of the People Act). |
The Rajya Sabha (Council of States)
The Rajya Sabha is the upper house of the Parliament, representing the states and union territories of India. It is a permanent body, not subject to dissolution. Its members are elected indirectly by the elected members of the legislative assemblies of the respective states and by the members of the electoral colleges for Union Territories. The total strength of the Rajya Sabha is 250 members. Of these, 238 are representatives of the States and Union Territories, and 12 are nominated by the President.
Rajya Sabha members are elected indirectly.
Members of the Rajya Sabha are not directly elected by the public. Instead, they are elected by the elected members of the State Legislative Assemblies using a system of proportional representation by means of the single transferable vote.
The election of Rajya Sabha members is conducted through the system of proportional representation by means of the single transferable vote. This method ensures that the composition of the Rajya Sabha reflects the strength of different political parties in the respective State Legislative Assemblies. The nominated members are chosen by the President for their distinguished service in various fields like literature, science, art, and social service.
Indirectly, by elected members of State Legislative Assemblies, using proportional representation with a single transferable vote.
Qualifications for Rajya Sabha Membership
The qualifications for a member of the Rajya Sabha are similar to those for the Lok Sabha, with one key difference regarding residency.
| Qualification | Requirement |
|---|---|
| Citizenship | Must be a citizen of India. |
| Age | Must have attained the age of 30 years. |
| Mental Capacity | Must be of sound mind, not declared by a competent court to be of unsound mind. |
| Insolvency | Must not be an undischarged insolvent. |
| Disqualification | Must not have been convicted of any offence involving moral turpitude or sentenced to imprisonment for two years or more. Must not be disqualified under any law made by Parliament. |
| Residency (for State Representatives) | Must be a resident of the State from which he is seeking election. |
The age requirement for Rajya Sabha members (30 years) is higher than for Lok Sabha members (25 years), reflecting the Rajya Sabha's role as a council of elders representing the states.
Disqualifications
Members of Parliament can be disqualified on several grounds, primarily related to allegiance to a political party and certain criminal convictions. The President decides on disqualification matters after consulting the Election Commission.
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Key Differences in Composition and Election
Understanding the distinctions between the Lok Sabha and Rajya Sabha is vital for grasping the nuances of India's parliamentary system.
The Lok Sabha, often called the 'people's house', is directly elected and represents the population. Its members are elected from single-member constituencies using the 'First Past the Post' system. The Rajya Sabha, the 'council of states', is indirectly elected by state legislatures, reflecting the federal structure. Its members are elected via proportional representation with the single transferable vote. The age requirement for Lok Sabha members is 25 years, while for Rajya Sabha members it is 30 years. The Lok Sabha has a maximum of 552 members, while the Rajya Sabha has a maximum of 250 members.
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Learning Resources
Provides the foundational legal text for the structure and functioning of the Union government, including Parliament.
Official website of the Lok Sabha, offering details on its composition, history, and functioning.
Official website of the Rajya Sabha, providing information on its members, sessions, and legislative activities.
Explains the electoral systems used in India, including the 'First Past the Post' system for Lok Sabha elections.
A clear explanation of the 'First Past the Post' electoral system and its implications.
An educational video detailing the concept of proportional representation, relevant to Rajya Sabha elections.
Key legislation that governs the conduct of elections and disqualifications of members of Parliament.
Comprehensive notes on the Indian Parliament, tailored for UPSC preparation, covering composition and elections.
A widely recommended book for UPSC preparation, offering in-depth coverage of the Indian Parliament's structure and functions.
A broad overview of the Indian Parliament, its history, composition, and legislative powers.