Parliament of India ( Article 79 – 85)

Article 79 – 123 in part V deal with the provisions of the Parliament. Parliament enables citizens of Indian to participate in decision-making process indirectly through their representatives. It is the most important symbol of Indian democracy and a key feature of the Constitution

Article 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.

Article 80 – Composition of the Council of States.

1. The Council of States shall consist of 12 members to be nominated by the President in accordance with the provisions of clause and not more than 238 representatives of the States and of the Union territories total of 250 members.
2. The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the Fourth schedule.
3. The representatives of each state in the Council of States shall be elected by the elected member of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.
4. The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe.

Article 81 – Composition of the House of the People

• Subject to the provisions of article, the House of the People shall consist of —

1. not more than 4 [five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and
2. not more than 5 [twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide.

• For the purposes of sub-clause (1) –
• there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and
• For the purposes of sub-clause (2) –
• 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 (1) 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.

• In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:

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 have been published, 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 census.

Article 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:

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 have been published, it shall not be necessary to readjust – 

• the allocation of seats in the House of People to the States as readjusted on the basis of the 1971 census; and
• the division of each State into territorial constituencies as may be readjusted on the basis of the 2001 census.

Article 83 – Duration of House 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 five years from the date appointed for its first meeting and no longer and the expiration of the said period of 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.

Article 84 – Qualification of members of Parliament

A person shall not be qualified to be chosen to fill a seat in Parliament unless he —

• is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
• 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
• possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Article 85 – Session of Parliament, Prorogation and Dissolution

• 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.

• The President may from time to time –
  • prorogue the Houses or either House;
  • dissolve the House of the People.