Law and You > Constitutional Law > Lok Sabha: The House of People
According to Article 79 of the Constitution of India, 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 (Rajya Sabha) and the House of the People (Lok Sabha). Thus Parliament has three components president, Council of States (Rajya Sabha) and the House of the People (Lok Sabha). In this article, we shall discuss provisions related to House of People “(Lok Sabha)
The Lok Sabha, often referred to as the “House of the People,” is the lower house of India’s bicameral Parliament. As the primary legislative body, it holds a pivotal role in the functioning of the Indian democracy, reflecting the will of the people through direct elections. This article explores the structure, functions, powers, and significance of the Lok Sabha, delving into its contribution to governance and policy-making in India.
Composition of the Lok Sabha
The Lok Sabha is composed of representatives of people chosen by direct election on the basis of Universal Adult Suffrage. The Constitution of India allows for a maximum of 550 members in the House, with 530 members representing the States (Article 81(1)(a)) and 20 representing the Union Territories (Article 81(1)(b)). At present, the Lok Sabha has 543 seats filled by elected representatives.
Certain number of seats have been reserved for Scheduled Castes and Scheduled Tribes in the Lok Sabha. Initially this provision was made for ten years from the commencement of the Constitution, which has been extended time and again for further ten years by various constitutional amendments. The 79th Amendment has extended it for sixty years from the commencement of the Constitution. Reservation of seats for the Scheduled Castes or Scheduled Tribes means the persons belonging to SC/ST will represent such reserved seats. That implies that only persons belonging to SC/ST can contest from the reserved constituencies. But we have joint electorate and all the voters of the reserved constituency vote irrespective of their caste/tribe. There is no separation of voters in terms of caste or tribe.
Constituencies of Lok Sabha:
For the purpose of elections to the Lok Sabha, the States are divided into single member constituencies on the basis of population.
According to Section 81(2)(a) of the Constitution, 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. The expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:
According to Section 81(2)(b) of the Constitution, 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:
Population of the State Population is the basis of allocation of seats of the Lok Sabha. As far as possible, every State gets representation in the Lok Sabha in proportion to its population as per census figures. Presently the population published by the census in 1971 is taken as reference. As the representation to the Lok Sabha is based on population. Therefore UP which is the most heavily populated State in India sends as many as 80 members while smaller States like Mizoram, Nagaland and Sikkim send just one representative each to the Lok Sabha. Seven members represent Delhi.
Tenure of Lok Sabha
According to Article 83(1) of the Constitution of India, 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.
The normal term of Lok Sabha is five years. But the President, on the advice of Council of Ministers, may dissolve it before the expiry of five years. In the case of national emergency, its term can be extended for one year at a time. But it will not exceed six months after the emergency is over. On several occasions Lok Sabha was dissolved prior to the end of its term. For example the 12th Lok Sabha elected in 1998 was dissolved in 1999.
Qualifications for Membership of Lok Sabha
According to Article 84(a) of the Constitution 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 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.
According to Article 84(a) of the Constitution the member of the Lok Sabha is not less than twenty five years of age and according to Article 84(c) of the Constitution he possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
The member can get elected from any state, even from a state he is not domiciled. He has to be an elector in a parliamentary constituency anywhere in India.
Disqualification of Member from Lok Sabha
Article 102(1) of the Constitution talks about disqualification of member of Parliament.
A person can be disqualified for being chosen as, and for being a member of Lok Sabha if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; if he is of unsound mind; if he is declared insolvent; if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; if he is so disqualified by or under any law made by Parliament; and if he is so disqualified under the Tenth Schedule which provides for disqualification on grounds of defection. The same rules apply for a member of the Rajya Sabha.
If any question arises as to whether a member of the House has become subject to disqualification under Article 102(1) of the Constitution, the question is referred for the decision of the President and his decision is final. However, before giving his decision on such question the President obtains the opinion of the Election Commission of India and acts according to such opinion. On the other hand, if any question arises as to whether a member of the House has become subject to disqualification under the Tenth Schedule to the Constitution, the question is referred to the Chairman, Rajya Sabha and his decision is final. In the case of Lok Sabha, the question is referred to the Speaker, Lok Sabha and his/her decision would be final.
Officials of the Lok Sabha
The Speaker and the Deputy Speaker:
The presiding officer of Lok Sabha is known as Speaker. The members of the House elect him. He/she remains the Speaker even after Lok Sabha is dissolved till the next House elects a new Speaker in his place. In the absence of the Speaker , a Deputy Speaker who is also elected by the House presides over the meetings. Both the Speaker as well as the Deputy Speaker can be removed from office by a resolution of Lok Sabha passed by a majority of all the then members of the House.
Some of the powers and functions of the speaker are given below:
- The basic function of the Speaker is to preside over the house and conduct the meetings of the House in orderly manner. No member can speak in the House without the permission. He/she may ask a member to finish his speech and in case the member does not obey he/she may order that the speech should not be recorded.
- All the Bills, reports, motions and resolutions are introduced with Speaker’s permission. He/she puts the motion or bill to vote. He/she does not participate in the voting but when there is a tie i.e. equal number of votes on both sides, he/she can use his casting Structure of Government vote. But he/she is expected to caste her vote in a manner so that her impartiality and independence is retained.
- His/her decisions in all parliamentary matters are final. She also rules on points of order raised by the members and her decision is final.
- He/she is the custodian of rights and privileges of the members.
- He/she disqualifies a member of his/her membership in case of defection. He/she also accepts the resignation of members and decides about the genuineness of the resignation.
- In case of joint sitting of Lok Sabha and Rajya Sabha, the Speaker presides over the meeting.
Delimitation of Constituencies
According to Article 82 of the Constitution, 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. Such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House:
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 of India. The cumulative effect of these amendments to the Constitution is that –
- the total number of existing seats as allocated to various States in the House of the People on the basis of 1971 census shall remain unaltered till the first census to be taken after the year 2026;
- the total number of existing seats in the Legislative Assemblies of all States as fixed on the basis of 1971 census shall also remain unaltered till the first census to be taken after the year 2026;
- the number of seats to be reserved for the Scheduled Castes (SCs) and Scheduled Tribes (STs) in the House of the People and State Legislative Assemblies shall be re-worked out on the basis of 2001 census;
- each State shall be redelimited into territorial parliamentary and assembly constituencies on the basis of 2001 census and the extent of such constituencies as delimited now shall remain frozen till the first census to be taken after the year 2026; and
- the constituencies shall be so re-delimited that population (on the basis of 2001 census) of each parliamentary and assembly constituency in a State shall, so far as practicable, be the same throughout the State.
Functions and Powers of the Lok Sabha
The Lok Sabha holds extensive powers and responsibilities that encompass legislative, financial, executive, and electoral functions. Its supremacy is evident in areas such as financial legislation and government formation.
- Legislative Functions: The Lok Sabha is the principal law-making body in India. It can introduce and pass bills on subjects in the Union and Concurrent Lists. Ordinary bills can be introduced in either house but must be approved by both. The Lok Sabha’s larger membership often gives it a decisive edge in joint sittings convened to resolve disagreements.
- Financial Powers: The Lok Sabha enjoys exclusive authority over money bills, which can only be introduced in this house. The Rajya Sabha can only suggest amendments to such bills, which are not binding on the Lok Sabha. The annual budget, along with other financial proposals like the Finance Bill, must be approved by the Lok Sabha.
- Executive Functions: The Indian system of government is parliamentary which means that the ministers are responsible to the legislature. Hence they both must have individually as well as collectively support the confidence of the majority in the Lok Sabha. A vote of no confidence in the Lok Sabha can lead to the resignation of the entire Council of Ministers. Members of the Lok Sabha regularly question ministers, scrutinize policies, and hold the government accountable.
- Electoral Functions: The Lok Sabha participates in the election of the President and Vice President of India. Along with the Rajya Sabha, it plays a role in the impeachment process of the President and the removal of judges and other constitutional authorities.
- Constitutional Functions: The Lok Sabha is involved in the process of amending the Constitution. Constitutional amendment bills require the approval of both houses of Parliament.
- Judicial Powers: The Lok Sabha shares the power of impeaching the President for violation of the Constitution with Rajya Sabha. It also shares with the latter the power of removing the judges of the Supreme Court or the High Courts by an address to the President if supported by majority of the total membership of the house and less than 2/3rd majority of its members present and voting.
Significance of the Lok Sabha
The Lok Sabha is the bedrock of India’s parliamentary democracy, performing several critical roles:
- Representation of the People: As a directly elected body, the Lok Sabha represents the voice of the citizens. It reflects the diversity of India, ensuring that different regions and communities have a platform.
- Policy Formulation: The Lok Sabha debates and discusses key national issues, shaping policies that impact the country.
- Accountability of the Government: Through mechanisms like Question Hour, Zero Hour, and debates, the Lok Sabha ensures that the executive is accountable to the legislature.
- Legislative Supremacy: The Lok Sabha’s control over financial matters and its ability to form and dissolve governments underscore its central role in the legislative framework.
Challenges Faced by the Lok Sabha
- Disruptions in Proceedings: Frequent disruptions and adjournments hinder effective debate and decision-making.
- Underrepresentation of Women: Despite discussions on reservations for women in legislatures, their representation in the Lok Sabha remains low.
- Influence of Money and Muscle Power: Electoral processes are sometimes influenced by financial and coercive means, undermining the spirit of democracy.
- Lack of Adequate Debate: Complex and significant bills are sometimes passed without thorough discussion or scrutiny.
- Overburdened Members: The increasing complexity of governance and legislation places significant demands on members, who may lack adequate resources and support.
Reforms and Suggestions
To enhance the effectiveness and integrity of the Lok Sabha, several reforms have been proposed:
- Addressing Disruptions: Enforcing stricter rules and penalties for members causing repeated disruptions.
- Increasing Representation of Women: Implementing the Women’s Reservation Bill to ensure greater gender diversity.
- Enhancing Transparency: Strengthening mechanisms to curb the influence of money and muscle power in elections.
- Improving Legislative Processes: Allocating more time for debate and scrutiny of bills, particularly those with far-reaching implications.
- Capacity Building for Members: Providing training and resources to help members better understand complex policy issues and perform their roles effectively.
Conclusion
The Lok Sabha, or House of the People, is the lower house of the Parliament of India and a central pillar of the country’s democratic system. It plays a critical role in shaping the national legislation, representing the will of the people, and ensuring the accountability of the government. The members of the Lok Sabha are directly elected by the citizens of India through general elections held every five years, based on universal adult suffrage. The number of seats in the Lok Sabha is determined by the population of each state, with a total of 545 members.
The primary function of the Lok Sabha is law making. It debates, discusses, and votes on bills and resolutions proposed by the government or members. It also plays a crucial role in controlling government expenditure through the power of the purse, where the government must seek approval for its financial plans, including the annual budget. Furthermore, the Lok Sabha holds the executive accountable by questioning ministers, conducting debates, and passing motions of no-confidence if required.
One of the key strengths of the Lok Sabha is its direct accountability to the people, as its members are elected through popular votes. This makes it more representative and responsive to public concerns. However, challenges exist, such as the growing influence of money and political parties, which can impact the fairness of elections and representation. Furthermore, political instability and frequent disruptions in the house can affect its functioning.
In conclusion, the Lok Sabha is the cornerstone of India’s democratic governance, enabling the people to actively participate in law making and ensuring government accountability. While it faces challenges, it remains vital in the ongoing evolution of India’s political system.