PARLIAMENT – General
79. Constitution of Parliament:- There shall be a Parliament for the Union which
shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.
80. Composition of the Council of States:- (1) [( Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for “The Council of States” (w.e.f. 1-3-1975). The Council of States] shall consist of— (The words “subject to the provisions of paragraph 4 of the Tenth Schedule” omitted by the Constitution (Thirty sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of the States (Added by the Constitution (Seventh Amendment) Act, 1956, s. 3.) [and of the Union territories.] (2) The allocation of seats in the Council of States to be filled by representatives of the States (Added by the Constitution (Seventh Amendment) Act, 1956, s. 3.) [and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. (3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:- Literature, science, art and social service. (4) The representatives of each State (The words and letters “specified in Part A or Part B of the First Schedule” omitted by Constitution (Seventh Amendment) Act,1956, s.3)*** in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. (5) The representatives of the ( Subs. by s. 3, ibid., for “States specified in Part C of the First Schedule”.) [Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe.
[81. Composition of the House of the People:- (Subs. by s. 4, ibid, for arts, 81 and 82.) (1) ( Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974 s. 4, for “Subject to the provisions of article 331” (w.e.f. 1-3-1975). [Subject to the provisions of article 331 (The words and figure “and paragraph 4 of the Tenth Schedule” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). ***], the House of the People shall consist of— (a) not more than (Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “five hundred and twentyfive members” (w.e.f. 30-5-1987) [five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and (b) not more than (Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for “twenty-five members”.) [twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide. (2) For the purposes of sub-clause (a) of clause (1),— (a) there shall be allotted to each State a number of seats in the House of the People in such manner hat the ratio between that number and the population of the State is, so far as practicable, the same for all States; and (b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State: [Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.] (Ins.by the Constitution (Thirty-first Amendment) Act, 1973, s.2.)
(3) In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published: ( Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f. 3-1-1977) [Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year [2026] (Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for “2000”) have been published, (Subs. by s. 3, ibid., for certain words.) [be construed,— (i) for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and (ii) for the purposes of sub-clause (b) of clause (2) as a reference to the [2001] (Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 2, for “1991”) census.]]
82. Readjustment after each census:- Upon the completion of each census, the
allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House: (Ins. by the Constitution (Forty-Second Amendment) Act, 1976, s. 16, (w.e.f. 3-1-1977). [Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year [2026] ( Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 4, for “2000”) have been published, it shall not be necessary to (Subs.by s.4, ibid, for certain words.) [readjust— (i) the allocation of seats in the House of People to the States as readjusted on the basis of the 1971 census; and (ii) the division of each State into territorial constituencies as may be readjusted on the basis of the [2001] ( Subs by Constitution (Eighty-seventh Amendment) Act, 2003, s.3, for ”1991)”.)
census, under this article.]]
83. Duration of Houses of Parliament:- (1) The Council of States shall not be
subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. (2) The House of the People, unless sooner dissolved, shall continue for ( Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 13, for ”six years” (w.e.f. 20.6.1979). The Words ”six years” were subs.for the original words ”five years” by the Constitution (Forty-second Amendment) Act, 1976, s. 17 (w.e.f.3.1.1977) [five years] from the date appointed for its first meeting and no longer and the expiration of the said
period of 1[five years] shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
84. Qualification for membership of Parliament:- A person shall not be qualified to be chosen to fill a seat in Parliament unless he — (Subs.by Constitution (Sixteenth Amendment) Act, 1963, s.3 for clause (a). [(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;] (b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
[85. Sessions of Parliament, prorogation and dissolution:- ( Subs by Constitution (First Amendment) Act, 1951, s.6, for art. 85.) (1) The President shall
from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The President may from time to time— (a) prorogue the Houses or either House;
(b) dissolve the House of the People.]
86. Right of President to address and send messages to Houses:- (1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. (2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message
is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.
87. Special address by the President:- (1) At the commencement of ( Subs. by the Constitution (First Amendment) Act, 1951, s. 7, for “every session”.) [the first
session after each general election to the House of the People and at the commencement of the first session of each year] the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. (2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address (The words “and for the precedence of such discussion over other business of the House” omitted by s. 7, ibid.)
88. Rights of Ministers and Attorney- General as respects Houses:- Every Minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote.
Source: The Constitution Of India (AS ON 14th JANUARY 2019), Government Of India, Ministry of Law and Justice, Legislative Department, Karnataka Official Language (Legislative) Commission and Directorate of Translations, Government of Karnataka, Page No. 33 – 36
