Chapter
2 - PARLIAMENT
It shall be the duty
of the Prime Minister--
(a) to communicate
to the President all decisions of the Council of Ministers relating to the
administration of the affairs of the Union and
proposals for legislation;
(b) to furnish such
information relating to the administration of the affairs of the Union and proposals for legislation as the President may
call for; and
(c) if the
President so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which
has not been considered by the Council.
Article 79 to 88 - General
It shall be the
duty of the Prime Minister--
(a) to communicate
to the President all decisions of the Council of Ministers relating to the
administration of the affairs of the Union and
proposals for legislation;
(b) to furnish such
information relating to the administration of the affairs of the Union and proposals for legislation as the President may
call for; and
(c) if the
President so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which
has not been considered by the Council.
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) 1 [2 [***] The
Council of States] shall consist of-
(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 3 [and of
the Union territories].
(2) The allocation
of seats in the Council of States to be filled by representatives of the States
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 4 [***] 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 5 [Union Territories
1. Substituted by the
Constitution (Thirty-fifth Amendment) Act, 1974, section 3, for "The
Council of States" (w.e.f. 1-3-1975).
2. The words "Subject to the provisions of
paragraph 4 of the Tenth Schedule" Omitted by the Constitution
(thirty-sixth Amendment) Act, 1975, section 5 (w.e.f. 26-4-1975).
4. The words and letters "specified in Part A or
part B of the first Schedule" omitted by the Constitution (Seventh
Amendment) Act, 1956, section 3.
5. Substituted by the Constitution (Seventh Amendment) Act, 1956, section
3, for "States specified in Part C of the First Schedule".
Article 81 - Composition of the House of the People
1[81.
Composition of the House of the People
(1)2[Subject
to the provisions of Article 3313[***], the House of the People
shall consist of-
(a) not more than4[five
hundred and thirty members] chosen by direct election from territorial
constituencies in the States, and
(b) not more than5[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 that 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 number of seats allotted to it
is, so far as practicable, the same throughout the State:
6[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.]
(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:
7[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 year8[2026]
have been published,9[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
the10[2001] census.]
1
. Substituted by the Constitution (Seventh Amendment) Act, 1956, section 4, for
Article 81 and 82
2
. Substituted by the Constitution (Thirty-fifth Amendment) Act, 1974, section
4, for "Subject to the provisions of Article 331" (w.e.f. 1-3-1975).
3 .
The words and figure "and paragraph 4 of the Tenth Schedule" omitted
by the Constitution (Thirty-sixth Amendment) Act, 1975, section 5 (w.e.f.
26-4-1975).
4 .
Substituted by the Goa, Daman and Diu
Reorganisation Act, 1987 (18 of 1987), section 63, for "five hundred and
twenty-five members" ( w.e.f. 30-5-1987) .
5 .
Substituted by the Constitution (Thirty-first Amendment) Act, 1973, section 2,
for "Twenty-five members".
6 .
Inserted by Constitution (Thirty-first Amendment) Act, 1973, section 2.
7.
Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 15
(w.e.f. 3-1-1977).
8.
Substituted by the Constitution (Eighty-fourth Amendment) Act, 2001, section 3,
for "2000" (w.e.f. 21-2-2002).
9.
Substituted by the Constitution (Eighty-fourth Amendment) Act, 2001, section 3,
for " be construed as a reference to the 1971 census" (w.e.f.
21-2-2002).
10. Substituted by the
Constitution (Eighty-Seventh Amendment) Act, 2003 for '1991' (w.e.f.
22-06-2003).
Article 82
- Readjustment after each census
1[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:]
2[Provided further that such readjustment
shall take effect from such date as 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 year3[2026]
have been published, it shall not be necessary to]
4[readjust-
(i) the allocation
of seats in the House of the 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 the5[2001] census.
Under this Article.]]
1.
Substituted by the Constitution (Seventh Amendment) Act, 1956, section 4 for Article
82.
2.
Inserted by Constitution (Forty-second Amendment) Act, 1976, section 16 (w.e.f.
3-1-1977).
3.
Substituted for "2000" by the Constitution (Eighty-forth Amendment)
Act, 2001 (w.e.f. 21-02-2002).
4.
Substituted by the Constitution (Eighty-forth Amendment) Act, 2001, section 4
for certain words (w.e.f. 21-02-2002).
5. Substituted by the
Constitution (Eighty-seventh Amendment) Act, 2003 for '1991' (w.e.f. 22.06.2003).
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 for1[five years]
from the date appointed for its first meeting and no longer and the expiration
of the said period of1[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.
1.
Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 13,
for "six years" (w.e.f. 20-6-1979). The words "six years"
were Substituted for the original words "five years" by the
Constitution (Forty-second Amendment) Act, 1976, section 17 (w.e.f. 3-1-1977).
Article 84 - Qualification for membership of Parliament
A person shall not
be qualified to be chosen to fill a seat in Parliament unless he--
1[(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.
1. Substituted by the
Constitution (Sixteenth Amendment) Act, 1963, section 3, for clause (a) (w.e.f.
5-9-1963)
Article 85
- Sessions of Parliament, prorogation and dissolution
1[85. Sessions of Parliament, prorogation and
dissolution
(1) The President
shall form lime 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 lime to time--
(a) prorogue the
Houses or either House;
(b) dissolve the
House of the People.]
1. Substituted by the
Constitution (First Amendment) Act, 1951, section 6, for Article 85 (w.e.f.
18-6-1951).
Article 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.
Article 87
- Special address by the President
(1) At the commencement of1[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 rules regulating the procedure of either
House for the allotment of time for discussion of the matters referred to in
such address2[***].
1.
Substituted by the Constitution (First Amendment) Act, 1951, section 7, for
"every session".
2. Certain words omitted by
the Constitution (First Amendment) Act, 1951 section 7.
Article 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.
Article 89 to 98 - Officers of Parliament
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.
Article 89 - The Chairman and Deputy Chairman of the Council of States
(1) The Vice-President of India
(2) The Council of
States shall, as soon as may be, choose a member of the Council to be Deputy
Chairman thereof and, so often as the office of Deputy Chairman becomes vacant,
the Council shall choose another member to be Deputy Chairman thereof.
Article 90 - Vacation and resignation of, and removal from, the office of Deputy Chairman
A member holding
office as Deputy Chairman of the Council of States--
(a) shall vacate
his office if he ceases to be a member of the Council;
(b) may at any
time, by writing under his hand addressed to the Chairman, resign his office;
and
(c) may be removed
from his office by a resolution of the Council passed by a majority of all the
then members of the Council:
Provided that no
resolution for the purpose of clause (c) shall be moved unless at least
fourteen days' notice has been given of the intention to move the resolution.
Article 91 - Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman
(1) While the office of Chairman is vacant, or
during any period when the Vice-President is acting as, or discharging the
functions of, President, the duties of the office shall be performed by the
Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such
member of the Council of States as the President may appoint for the purpose.
(2) During the
absence of the Chairman from any sitting of the Council of States the Deputy
Chairman, or, if he is also absent, such person as may be determined by the
rules of procedure of the Council, or, if no such person is present, such other
person as may be determined by the Council, shall act as Chairman.
Article 92 - The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the Council of States,
while any resolution for the removal of the Vice-President from his office is
under consideration, the Chairman, or while any resolution for the removal of
the Deputy Chairman from his office is under consideration, the Deputy
Chairman, shall not, though he is present, preside, and the provisions of
clause (2) of Article 91 shall apply in relation to every such sitting as they
apply in relation to a sitting from which the Chairman, or, as the case may be,
the Deputy Chairman, is absent.
(2) The Chairman
shall have the right to speak in, and otherwise to take part in the proceedings
of, the Council of States while any resolution for the removal of the
Vice-President from his office is under consideration in the Council, but,
notwithstanding anything in Article 100, shall not be entitled to vote at all
on such resolution or on any other matter during such proceedings.
Article 93 - The Speaker and Deputy Speaker of the House of the People
The House of the
People shall, as soon as may be, choose two members of the House to be
respectively Speaker and Deputy Speaker thereof and, so often as the office of
Speaker or Deputy Speaker becomes vacant, the House shall choose another member
to be Speaker or Deputy Speaker, as the case may be.
Article 94 - Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
A member holding
office as Speaker or Deputy Speaker of the House of the People--
(a) shall vacate
his office if he ceases to be a member of the House of the People;
(b) may at any
time, by writing under his hand addressed, if such member is the Speaker, to
the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker,
resign his office; and
(c) may be removed
from his office by a resolution of the House of the People passed by a majority
of all the then members of the House:
Provided that no
resolution for the purpose of clause (c) shall be moved unless at least
fourteen days' notice has been given of the intention to move the resolution:
Provided further
that, whenever the House of the People is dissolved, the Speaker shall not
vacate his office until immediately before the first meeting of the House of
the People after the dissolution.
Article 95 - Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
(1) While the office of Speaker is vacant; the
duties of the office shall be performed by the Deputy Speaker or, if the office
of Deputy Speaker is also vacant, by such member of the House of the People as
the President may appoint for the purpose.
(2) During the
absence of the Speaker from any sitting of the House of the People the Deputy
Speaker or, if he is also absent, such person as may be determined by the rules
of procedure of the House, or, if no such person is present, such other person
as may be determined by the House, shall act as Speaker.
Article 96 - The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the House of the People,
while any resolution for the removal of the Speaker from his office is under
consideration, the Speaker, or while any resolution for the removal of the
Deputy Speaker from his office is under consideration, the Deputy Speaker,
shall not, though he is present, preside, and the provisions of clause (2) of Article
95 shall apply in relation to every such sitting as they apply in relation to a
sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is
absent.
(2) The Speaker
shall have the right to speak in, and otherwise to take part in the proceedings
of, the House of the People while any resolution for his removal from office is
under consideration in the House and shall, notwithstanding anything in Article
100, be entitled to vote only in the first instance on such resolution or on
any other matter during such proceedings but not in the case of an equality of
votes.
Article 97 - Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker
There shall be paid
to the Chairman and the Deputy Chairman of the Council of States, and to the
Speaker and the Deputy Speaker of the House of the People, such salaries and
allowances as may be respectively fixed by Parliament by law and, until
provision in that behalf is so made, such salaries and allowances as are
specified in the Second Schedule.
Article 98 - Secretariat of Parliament
(1) Each House of Parliament shall have a separate
secretarial staff:
Provided that
nothing in this clause shall be construed as preventing the creation of posts
common to both Houses of Parliament.
(2) Parliament may
by law regulate the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of either House of Parliament.
(3) Until provision
is made by Parliament under clause (2), the President may, after consultation
with the Speaker of the House of the People or the Chairman of the Council of
States, as the case may be, make rules regulating the recruitment, and the
conditions of service of persons appointed, to the secretarial staff of the
House of the People or the Council of States, and any rules so made shall have
effect subject to the provisions of any law made under the said clause.
Article 99
to 100 - Conduct of Business
(1) Each House of Parliament shall have a
separate secretarial staff:
Provided that
nothing in this clause shall be construed as preventing the creation of posts
common to both Houses of Parliament.
(2) Parliament may
by law regulate the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of either House of Parliament.
(3) Until provision
is made by Parliament under clause (2), the President may, after consultation
with the Speaker of the House of the People or the Chairman of the Council of
States, as the case may be, make rules regulating the recruitment, and the
conditions of service of persons appointed, to the secretarial staff of the
House of the People or the Council of States, and any rules so made shall have
effect subject to the provisions of any law made under the said clause.
Article 99 - Oath or affirmation by members
Every member of
either House of Parliament shall, before taking his seat, make and subscribe
before the President, or some person appointed in that behalf by him, an oath
or affirmation according to the form set out for the purpose in the Third
Schedule.
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