Describe the composition of Indian Parliament i.e. Rajya Sabha and Lok Sabha. Compare the Powers of the Rajya Sabha with those of the Lok Sabha.

Composition of Parliament of India:

1. Rajya Sabha: Rajya Sabha is the Upper Chamber of the Parliament. It can have at the most 250 members in it. The President of India nominates 12 members. These are the persons who have distinguished themselves in the field of art, commerce, science and social service. Rest of the members are elected by the members of State Legislatures. At present is consists of 245 (233 + 12) members in all. 1/3 of its members retire after every two years and other members are elected to fill up the vacancies. Each member remains in office for a period of 6 years.

2. Lok Sabha: Lok Sabha is the lower chamber of the Parliament. It can have at the most 545 elected members. 525 members can be directly elected by the voters from different States and 20 members can be elected from Union Territories. The members will be elected according to the laws framed by the Union Parliament. The President can nominate two members of the Anglo-Indian community if he feels that in the Lok Sabha this community has not got adequate representation. The present Lok Sabha has 543 elected members. The members of the Lok Sabha are elected for a period of 5 years. The President of India can dissolve the Lok Sabha before the expiry of its term and can order fresh elections. The Members of the Lok Sabha elect one Speaker and one Deputy Speaker from amongst its members.

Relations between the Two Houses of Parliament:

1. Ordinary Bills: Ordinary Bill can originate in either House of Parliament. Unless passed by both the Houses they cannot be sent to the President for his assent. A Bill passed by one House is sent to the other House. If the other House passes the Bill in the form in which it was passed by the originating House, it is sent to the President for his assent. The other House may propose amendments in the Bill or may even reject the Bill. Thus, if the two Houses do not agree on the proposed amendments or if the two Houses finally disagree on the Bill, the President, under Article 108 of the Constitution is empowered to call a joint meeting of the two Houses. In case the receiving House takes no action on the Bill for six months from the date of its receipt in that case also the President may summon a joint meeting of both the Houses if the Bill has lapsed because of the dissolution of the Lok Sabha. Even if the President has already issued a notification for joint sitting and even if the date, time and place of the meeting has been announced and summons issued, the meeting shall have to be cancelled because no joint sitting can be held for deliberating and voting on a Bill which has already lapsed. When the President has notified his intention to summon the two Houses to meet in a joint sitting, neither House can proceed with the Bill. If at the joint meeting of the two Houses the Bill is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed to have been passed by both the Houses. At the joint sitting of the two House, the voice of the Lok Sabha should prevail because of its numerical strength.

2. Financial Powers: Money Bills and Budget can originate in the Lok Sabha only. The Rajya Sabha is the receiving end. When a Money Bill is passed by the Lok Sabha it is sent to Rajya Sabha for its recommendations. The Rajya Sabha, has the right to propose amendments in the Money Bill. It must return the Bill to the Lok Sabha, with or without amendments within 14 days, but Lok Sabha may or may not agree to those recommendations. If the Rajya Sabha does not return the Money Bill within 14 days from the date of the receipt of the Bill, the same shall be considered to have been passed by both the Houses of Parliament in the same form in which it was passed by the Lok Sabha. All these provisions clearly prove that the hold of the Lok Sabha over the finance of the country is complete and absolute. It should be noted that in case of disagreement over Money Bill, there cannot be a joint sitting of the two Houses. The Senate of Australia possesses the power to reject even a Money Bill. The House of Lords of England can delay a Money Bill for a month. The Upper House of Japan can also delay the passage of a money bill for 30 days. In matters of finance the powers of the Rajya Sabha are insignificant.

3. Control over the Executive: In India, Parliamentary system of Government has been established. The essence of this form of Government is that the executive is responsible to the Legislature for its actions and policies. In practice it is answerable to the Popular House. Thus, according to the Constitution of India, the Council of Ministers has been made collectively responsible to the Lok Sabha. No doubt, the Rajya Sabha can exert its influence on the Government in a number of ways and it may even put the Government in an awkward position, but it cannot remove the Government from office. This power belongs to the Lok Sabha only. This power of the Lok Sabha is exclusive and not concurrent. The Government must enjoy the confidence of the Lok Sabha or else resign. The Lok Sabha can express its lack of confidence in a number of ways, for example by rejecting a Government Bill, a Money Bill or by passing a no confidence resolution. Thus, the Government must either be in tune with the Lok Sabha or face expulsion. One point may be noted here. The Council of Ministers is collectively responsible to the Lok Sabha. The Constitution does not speak of individual responsibility. Moreover, it is not clear that when the Lok Sabha stands dissolved, before whom the Council of Minister is responsible then? After the dissolution of the Lok Sabha in December, 1970, the continuance of Indira Government was challenged in the Supreme Court. The Supreme Court upheld the legality of the continuance of Indira Gandhi Government.