CHAPTER II

Composition of Parliament
The Parliament of India is a bicameral Legislature and is composed of the
President, the Council of States (Rajya Sabha) and the House of the People
(Lok Sabha)
1
. These three constituent parts collectively constitute the Parliament.
President
The President is an integral part of the Parliament though he is not a member
of either House of Parliament. The powers of the President and his position in relation
to Parliament are described in Chapter III, and election to the Office of the President,
his term of Office, oath of Office, etc. are explained in Chapter V.
Rajya Sabha
The Rajya Sabha consists of twelve members nominated by the President and
not more than two hundred and thirty-eight representatives of the States and the
Union territories
2
. The members nominated by the President consist of persons having
special knowledge or practical experience in respect of such matters as literature,
science, art and social service
3
.
The allocation of seats in the Rajya Sabha to be filled by representatives of the
States and of the Union territories is in accordance with the provisions in that behalf
contained in the Fourth Schedule
4
to the Constitution.
The Rajya Sabha was duly constituted for the first time on 3 April 1952
5
. It
consisted of 216 members. Of these, 12 members were nominated by the President.
The remaining 204 members were elected to represent the States
6
. The four represen-
tatives of the J ammu and Kashmir State were chosen by the President in consultation
with the Government of the State as required by the Constitution (Application to
1. Art. 79.
On 14 May 1954, Speaker Mavalankar announced that the House of the People would thereafter
be known as the Lok Sabha. On 23 August 1954, the Chairman of the Council of States
announced a similar decision changing the name of the Council of States as the Rajya Sabha
fromthat date, L.S. Deb., 14-5-1954, cc. 7388-90 and R.S. Deb., 23-8-1954, cc. 35-37.
The terms Lok Sabha and Rajya Sabha were used for the first time in an amendment to the
Delhi (Control of Building Operations) Bill, 1955, which was adopted by the House.
2. Art. 80(1).
3. Art. 80(3).
4. Art. 80(2).
5. The first sitting of the Rajya Sabha was held on 13 May 1952.
6. 145 members represented Part A States, 49 members Part B States and 10 members Part C States
as laid down in the then Fourth Schedule to the Constitution.
14 Practice and Procedure of Parliament
J ammu and Kashmir) Order, 1950
7
. In actual practice, the State Government acted
upon a unanimous resolution of the Constituent Assembly of that State in recommending
the names of the persons to be chosen by the President. Consequent on the formation
of new States, the number of elective seats in the Rajya Sabha allotted to States and
Union territories has increased, from time to time
8
. The total number of seats in the
Rajya Sabha
9
at present is 245, including the 12 members nominated by the President.
The allocation of the 233 seats to be filled by representatives elected through
proportional representation by means of thesingle transferable vote is as follows
10
:
States No. of Seats States No. of Seats
Andhra Pradesh 18 Manipur 1
Arunachal Pradesh 1 Meghalaya 1
Assam 7 Mizoram 1
Bihar 16
11
Nagaland 1
Chhattisgarh
14
5 Orissa 10
Goa 1 Punjab 7
Gujarat 11 Rajasthan 10
Haryana 5 Sikkim 1
Himachal Pradesh 3 Tamil Nadu 18
J ammu and Kashmir 4 Tripura 1
J harkhand
14
6 Uttarakhand
15
3
14
Karnataka 12 Uttar Pradesh 3
13
Kerala 9 West Bengal 16
Madhya Pradesh 11
12
Union territories
Maharashtra 19 Delhi 3
Puducherry
16
1
7. According to the terms of the Constitution (Application to J ammu and Kashmir) Order of 14 May
1954, all future vacancies in the Rajya Sabha arising in the State of J ammu and Kashmir shall
be filled by election by the elected members of the J ammu and Kashmir Legislative Assembly. The
first such election took place in November 1954.
8. The number of elective seats in the Rajya Sabha, from time to time, has been: 1952: 204;
1954: 207; 1956: 220; 1960: 224; 1964: 226; 1966: 228; 1972: 231; 1976: 232 and 1987
(onwards): 233.
9. For details regarding evolution, composition, powers and position of the Rajya Sabha, see,
Rajya Sabha at Work, Rajya Sabha Secretariat New Delhi, 2006.
10. Fourth Schedule to the Constitution, as amended by the Constitution (Fifty-sixth Amendment)
Act, 1987.
11. The Bihar Reorganization Act, 2000.
12. The Madhya Pradesh Reorganization Act, 2000.
13. The Uttar Pradesh Reorganization Act, 2000.
14. Three States, namely, Chhattisgarh, J harkhand and Uttaranchal were created by the
Madhya Pradesh Reorganization Act, 2000, the Bihar Reorganization Act, 2000 and the
Uttar Pradesh Reorganization Act, 2000, respectively.
15. The Uttaranchal (Alteration of Name) Act, 2006 altered the name of the State as Uttarakhand.
16. The Pondicherry (Alteration of Name) Act, 2006 altered the name of the Union territory as
Puducherry.
Composition of Parliament 15
The Rajya Sabha is not subject to dissolution, but as nearly as possible, one-
third of its members 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
17
. The
term of office of members begins(i) in case of members elected/ nominated biennially,
from the date on which their names are notified by the Government of India in the
Official Gazette
18
; and (ii) in case of member elected/nominated to fill a casual
vacancy, from the date of publication in the Official Gazette of the declaration of
election of such person, or of the Notification announcing the nomination of such
person, as the case may be
19
.
The normal term of office of a member of the Rajya Sabha is six years from
the date of election or nomination
20
. However, a member elected or nominated to fill
a casual vacancy holds office for the remainder of the term which his predecessor
would have held
21
.
Lok Sabha
The Lok Sabha
22
at present consists of not more than five hundred and thirty
members chosen by direct election from territorial constituencies in the States
23
, and
not more than twenty members to represent the Union territories
24
, chosen in such
manner as Parliament by law provides
25
. The limit on the maximum number of members
chosen directly from territorial constituencies in States may be exceeded if such an
increase is incidental to reorganisation of States by an Act of Parliament
26
.
17. Art. 83(1).
The procedure regarding periodic retirement of one-third of the members of the Rajya Sabha has
been laid down in (i) the Representation of the People Act, 1951 (R.P. Act), s. 154; and (ii) the
Council of States (Termof Office of Members) Order, 1952.
18. The Representation of the People Act, 1951, s. 155(1).
19. Ibid., s. 155(2).
20. Ibid., s. 154(1).
21. Ibid., s. 154(3).
22. The Lok Sabha was duly constituted for the first time on 17 April 1952. In the first Lok Sabha,
there were 499 seats. Out of these, 489 were filled by persons chosen by direct election from
territorial constituencies by adult suffrage, 2 persons nominated by the President under article 331
to represent the Anglo-Indian community and 8 persons nominated by the President under special
circumstances (one to represent Part B Tribal areas of Assam, six to represent J ammu and Kashmir
and one to represent Andaman and Nicobar Islands).
23. Under the Constitution (Seventh Amendment) Act, 1956, the maximumnumber was fixed as 500.
This was increased to 525 by the Constitution (Thirty-first Amendment) Act, 1973, and has been
further increased to 530 by the Goa, Daman and Diu Reorganisation Act, 1987.
24. Under the Constitution (Seventh Amendment) Act, 1956, the maximumnumber was fixed as 20.
The maximumnumber which was increased to 25 by the Constitution (Fourteenth Amendment)
Act, 1962 was again decreased to 20 by the Constitution (Thirty-first Amendment) Act, 1973.
25. Art. 81(1).
26. As a result of amendment of article 81 of the Constitution by Section 63 of the Goa, Daman and
Diu Reorganisation Act, 1987, the number of members of the Lok Sabha from States were
increased to 530.
See also Mangal Singh v. Union of India, (A.I.R. 1967 S.C. 944) wherein the validity of the
provisions of the Punjab Reorganisation Act, 1966. Providing that the membership of the Legislative
Assembly of Haryana shall be below the minimumprescribed by article 170(1), i.e. 60 members,
was upheld by the Supreme Court.
16 Practice and Procedure of Parliament
The President is empowered
27
, if he is of opinion that the Anglo-Indian
community is not adequately represented in the House, to nominate not more than two
members of that community to the Lok Sabha
28
.
For the purpose of election from territorial constituencies in the States, a number
of seats are allotted to each State in the Lok Sabha 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. Each State is thereafter divided into territorial constituencies in such
manner that the ratio between the population of each constituency and the number of
seats allotted to it, so far as practicable, is the same throughout the State
29
. The
expression population means the population as ascertained at the last preceding
census of which the relevant figures have been published. But, until the relevant
figures for the first census taken after the year 2026 have been published, the reference
to the last preceding census is to be construed as reference to the 1971 census
30
.
However, for the purpose of allocation of seats, in the House of the People, each State
shall be divided into territorial constituencies in such manner that the ratio between
the population of each constituency as per 2001 census and the number of seats
allotted to it, so far as practicable, be the same throughout the State.
The allocation of seats in the Lok Sabha to the States and the division of each
State into territorial constituencies are readjusted by such authority and in such manner
as Parliament determines by law, but such readjustment does not affect representation
in the Lok Sabha until the dissolution of the then existing House. The readjustment
of territorial constituencies takes effect from such date as the President specifies by
order, and until such readjustment takes effect, any election to the House is held on
the basis of the territorial constituencies existing before such readjustment
31
.
27. Art. 331.
28. Two members of the Anglo-Indian community have been nominated by the President in all the
Lok Sabhas so far.
29. Art. 81(2). This is not, however, applicable to any State as long as the population of that State
does not exceed six million.
30. Art. 81(3).
31. Art. 82.
The delimitation of constituencies has been done by the Delimitation Commission. Under the
Delimitation Commission Act, 1952 (since repealed), the Commission was required first to publish
its proposals in respect of the determination of numbers and then again in respect of the distribution
of seats and delimitation of constituencies. After considering any objections and suggestions
received in regard to them, the Commission was to determine the matters by one or more final
orders. Each of the final orders was to be published in the Gazette and upon such publication,
the order had the full force of law. Under the Delimitation Commission Act, 1962, (also
repealed) the Commission was authorised by order to determine forthwith the number of seats in
the Lok Sabha on the basis of the latest census figures and having regard to the constitutional
provisions on the subject. The Commission was required to publish only the proposals for the
delimitation of constituencies and after considering objections and suggestions received thereon
to determine by one or more orders the delimitation of constituencies. Each of such orders had
to be published in the Gazette and, upon publication, every such order had the force of law.
During discussion on the Delimitation Commission Bill, 1962, an amendment was moved by a
member for omission of the word full fromthe expression full force of law which was agreed
to by the House.L.S. Deb., 3-12-1962, cc. 4205-08.
Composition of Parliament 17
Seats are reserved in the Lok Sabha for the Scheduled Castes and the Scheduled
Tribes in almost all the States and some Union territories
32
.
The number of seats reserved in any State or Union territory for the Scheduled
Castes or the Scheduled Tribes bears, as nearly as may be, the same proportion to the
total number of seats allotted to that State or Union territory in the Lok Sabha as the
population of the Scheduled Castes or of the Scheduled Tribes in that State or Union
territory or part thereof, as the case may be, in respect of which seats are so reserved,
bears to the total population of the State or Union territory
33
. But the number of seats
reserved in the Lok Sabha for the Scheduled Tribes in the autonomous districts of
Assam has to bear to the total number of seats allotted to that State, a proportion not
less than what the population of the Scheduled Tribes in the said autonomous districts
bears to the total population of the State. The expression population used here bears
the same connotation as used in article 81(3)
34
.
A member of a Scheduled Caste or Scheduled Tribe does not forego his right
to seek election from the general seat, merely because he has the additional concession
of contesting from a reserved seat by making the prescribed declaration for that
purpose
35
.
Under the Delimitation Act, 1972, the Commission is required to readjust allocation of seats in
the Lok Sabha on the basis of the latest census figures. In other respects, the provisions made in
the Act follow the pattern of the provisions contained in the Delimitation Commission Act, 1962.
Delimitation of constituencies was first effected in 1952 and then in 1956. It was again effected
in 1961 under Section 7 of the Two-Member Constituencies (Abolition) Act, 1961. The delimitation
of constituencies was effected in accordance with the census of 1961 before the 1967 general
elections. Again, this was done in accordance with the census of 1971 and the Delimitation
Commission completed its work (except in respect of the then Union territory of
Arunachal Pradesh) before the 1977 general elections. The Delimitation of Parliamentary and
Assembly Constituencies Order, 1976, was made by the Election Commission on 1 December
1976. The Constitution (Eighty-fourth Amendment) Act, 2001 and the Constitution (Eighty-seventh
Amendment) Act, 2003 have, inter alia amended articles 81, 82, 170, 330 and 332 of the
Constitution. Accordingly, a new Delimitation Commission was constituted by the Delimitation
Act, 2002 (No. 33 of 2002) and the Delimitation Act, 1972 stands repealed. As on 17 August
2007, the Delimitation Commission had issued Notifications in respect of 25 States.
32. To facilitate adequate representation to the Scheduled Castes and the Scheduled Tribes, the
Delimitation Commission Act, 1952 provided that all parliamentary and Assembly constituencies
should be either single-member or two-member constituencies, that wherever practicable, seats
should be reserved for the Scheduled Castes or the Scheduled Tribes in single-member constituencies
and that in every two-member constituency, one seat should be reserved either for the Scheduled
Castes or for the Scheduled Tribes and the other seat should be a general seat.
The two-member constituencies were, however, considered not viable by the political parties since
their contesting candidates had to cover double the area, canvass twice the number of electors and
consequently incur twice the expense, as compared to those candidates who stood for election
fromsingle-member constituencies. Fromthe administrative point of view also, these large two-
member constituencies were found difficult to manage. There was, therefore, demand for doing
away with the double-member constituencies and as a result, the Two-member Constituencies
(Abolition) Act, 1961 was passed. The task of dividing each one of these constituencies into two
compact and convenient single-member constituencies and deciding in which of themthe seat
should be reserved for the Scheduled Castes or Scheduled Tribes was given to the Election
Commission.
33. Art. 330(2).
34. Art. 330 (3).
35. V.V. Giri v. D. Suri Dora, A.I.R. 1959 S.C. 1318.
18 Practice and Procedure of Parliament
The total number of seats in the Lok Sabha is 545 out of which two seats to
represent the Anglo-Indian community are filled by nomination by the President. The
elective seats numbering 543 are filled by persons chosen by direct election
36
. The
allocation of seats to the States and the Union territories and the number of seats, if
any, reserved for the Scheduled Castes and the Scheduled Tribes of each State and
Union territory are as under
37
:
Name of State/ Total No. Reserved for the Reserved for
Union territory of Seats Scheduled Castes the Scheduled
Tribes
1 2 3 4
I. States
1. Andhra Pradesh 42 6 2
2. Arunachal Pradesh 2 - -
3. Assam 14 1 2
4. Bihar 40 7 -
5. Chhattisgarh 11 - -
6. Goa 2 - -
7. Gujarat 26 2 4
8. Haryana 10 2 -
9. Himachal Pradesh 4 1 -
10. J ammu & Kashmir 6 - -
11. J harkhand 14 1 5
12. Karnataka 28 4 -
13. Kerala 20 2 -
14. Madhya Pradesh 29 6 9
15. Maharashtra 48 3 4
16. Manipur 2 - 1
17. Meghalaya 2 - -
18. Mizoram 1 - 1
19. Nagaland 1 - -
20. Orissa 21 3 5
21. Punjab 13 3 -
22. Rajasthan 25 4 3
23. Sikkim 1 - -
24. Tamil Nadu 39 7 -
36. The Representation of the People Act, 1950, s. 4.
37. First Schedule to the Representation of the People. Act, 1950, as amended by the Representation
of the People (Amendment) Act, 1976 and as further amended by the Constitution (Fifty-third
Amendment) Act, 1986.
Composition of Parliament 19
1 2 3 4
25. Tripura 2 - 1
26. Uttar Pradesh 80 18 -
27. Uttarakhand 5 - -
28. West Bengal 42 8 2
II. Union Territories
1. Andaman and Nicobar Islands 1 - -
2. Chandigarh 1 - -
3. Dadra and Nagar Haveli 1 - 1
4. Daman and Diu 1 - -
5. National Capital Territory of Delhi 7 1 -
6. Lakshadweep 1 - 1
7. Puducherry
38
1 - -
Total 543 79 41
The provisions of the Constitution relating to the reservation of seats for the
Scheduled Castes and the Scheduled Tribes and the representation of the
Anglo-Indian community in the Lok Sabha shall cease to have effect on the expiration
of a period of sixty years from the commencement of the Constitution
39
. The
representation in the Lok Sabha will, however, not be affected until the dissolution of
the then existing House.
Unless sooner dissolved, the Lok Sabha continues for five years from the date
appointed for its first meeting and no longer, as the expiration of the period of
five years operate as a dissolution of the House
40
. However, while a Proclamation of
Emergency is in operation, this period may be extended by Parliament by law for a
period not exceeding one year at a time and not exceeding in any case beyond a
period of six months after the Proclamation has ceased to operate. The five-year term
of the Fifth Lok Sabha was to have normally expired on 18 March 1976. Having
regard to the Proclamations of Emergency issued on 3 December 1971 and
25 J une 1975, which were in operation, the life of the Fifth Lok Sabha was extended
first on 4 February 1976 by a period of one year and again on 5 November 1976 by
another period of one year upto 18 March 1978
41
.
38. The Pondicherry (Alteration of Name) Act, 2006 altered the name of the Union territory as
Puducherry.
39. Art. 334. Originally, the period was for ten years. It was raised to twenty years by the Constitution
(Eighth Amendment) Act, 1959; to thirty years, by the Constitution (Twenty-third Amendment)
Act, 1970; to forty years by the Constitution (Fifty-fifth Amendment) Act, 1980; to fifty years
by the Constitution (Sixty-second Amendment) Act, 1989; and to sixty years by the Constitution
(Seventy-ninth Amendment) Act, 1999.
40. Art. 83(2). Originally, the life of the Lok Sabha was for five years. It was raised to six years by
the Constitution (Forty-second Amendment) Act, 1976. It was again reduced to five years by the
Constitution (Forty-fourth Amendment) Act, 1978.
41. The House of the People (Extension of Duration) Act, 1976 and the House of the People (Extension
of Duration) Amendment Act, 1976.
20 Practice and Procedure of Parliament
The dissolution of the Lok Sabha before the completion of its full term is not
unconstitutional
42
. The Fourth Lok Sabha was dissolved on 27 December 1970 after
a span of three years and 285 days
43
. The Fifth Lok Sabha was dissolved on
18 J anuary 1977, before the completion of its extended term. The Sixth Lok Sabha
was dissolved on 22 August 1979, before the completion of its term. The Ninth, the
Eleventh and the Twelfth Lok Sabhas were also dissolved on 13 March 1991,
4 December 1997 and 26 April 1999, respectively, before the completion of their
terms. While the Thirteenth Lok Sabha was dissolved by the President on 6 February
2004, the Fourteenth Lok Sabha was dissolved on 18 May 2009.
42. The Second Lok Sabha was dissolved by the President on 31 March 1962, when it had not
completed the full termof five years as laid down in article 83(2) of the Constitution. A Petition,
filed by Dr. N.C. Samant Sinha before the Circuit Bench of the Punjab High Court at Delhi under
article 226, praying that a rule nisi be issued (and in the interval respondents be directed not to
proceed with the summoning of the Third Lok Sabha on 16 April 1962) declaring the premature
dissolution void and ineffective, was dismissed by the High Court on 4 April 1962.
43. The main consideration for dissolution of the Fourth Lok Sabha was the Governments desire to
seek a fresh mandate fromthe people to enable the Government to implement effectively its
programmes and policies. This was because of the split of the Congress Party, into two,
viz. Congress (I) and Congress (O) in November 1969, the party [Congress (I)] forming the
Government had lost its majority in the House.