79 Constitution of Parliament
There shall be a Parliament
for the Union which shall consists of the President and two Houses to
be known respectively as the Council of States and the House of the
80 Composition of the Council of States -
Council of States shall consists 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 and of the Union territories.
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
(3) The members to be nominated by the
President under sub-clause (a) and clause (1) shall consists of
persons having special knowledge or practical experience in respect
of such matters as the following, namely: -
art and social service.
(4) The representatives of each State in
the Council of States shall be elected members of the Legislative
Assembly of the State in accordance with the system of proportional
representation by means of the single transferable vote.
representatives of the 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
to the provisions of article 331 ,
the House of the People shall consists of - (a) not more than five
hundred and thirty members chosen by direct election from territorial
constituencies in the States, and
(b) not more than 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 ration between that number and the population of the
State is, so far as practicable, the same for all States; and
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.
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 2000 have been
published, be construed as a reference to the 1971 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:
that such readjustment shall not affect representation in the House
of the People until the dissolution of the then existing
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
Provided also that until the relevant figures for
the first census taken after the year 2000 have been published, it
shall not be necessary to readjust the allocation of seats in the
House of the People to the States and the division of each State into
territorial constituencies 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 five years from
the date appointed for its first meeting and no longer and the
expiration of the said period of 5 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
(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
(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
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 lasting sitting in one session and the date
appointed for its first sitting in the next session.
President may from time to time -
(a) prorogue the Houses or
(b) dissolve the House of the People.
86 Right of President to address and send messages to Houses
The President may address either House of Parliament or
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 despatch consider any matter
required by the message to be taken into consideration.
87 Special address by the President
(1) At the
commencement of 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
(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.
88 Rights of Ministers and Attorney-General as respects Houses
Minister and the Attorney-General of India shall have the right to
speak in, and otherwise to take part in the proceeding 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.