Structure and Functions of the Union Legislature in India

Every law that governs life in India, from income tax rules to criminal codes, begins its journey in one place: the Union Legislature. This is the country’s supreme law-making body, and it sits at the heart of the parliamentary system. Yet many students know it only as a list of names and numbers to memorise for exams. Understanding how it actually works, who its members are, and why it is built the way it is, reveals the machinery that keeps democracy running. This post breaks down the structure and functions of the Union Legislature in a clear, organised way.

The constitutional foundation of the Union Legislature 🔗

The Union Legislature is established by Article 79 of the Constitution, which states that there shall be a Parliament for the Union consisting of the President and two Houses, the Council of States and the House of the People. This is the formal beginning of Part V, Chapter II of the Constitution. The detailed provisions covering its organisation, composition, duration, officers, and powers run from Articles 79 to 122.

One point often confuses students. The President is part of Parliament but is not a member of either House. The President never sits in or debates within the chambers. Still, this role is integral, because no bill can become law without the President’s assent. This design unites the executive head with the legislative process, which is a defining feature of the parliamentary system inherited and adapted from the British model.

Why a bicameral structure? 🔗

India chose a bicameral legislature, meaning Parliament has two Houses rather than one. This was a deliberate decision. During the Constituent Assembly debates, a member actually proposed deleting the Council of States, calling it an outdated institution. The Drafting Committee disagreed, arguing that a second chamber would provide another platform for political participation and, crucially, would prevent hasty legislation.

The logic is straightforward. The lower House represents the people directly and reflects the popular will. The upper House represents the states and acts as a revising chamber that can slow down and re-examine legislation. Together they balance speed with caution, and popular sovereignty with federal representation.

The Lok Sabha: the House of the People 🔗

The Lok Sabha is the lower House and the popular chamber. Its members are chosen by direct election through universal adult suffrage, which means every citizen aged 18 and above can vote. Each member represents a territorial constituency, and the elections use the first-past-the-post system, where the candidate with the most votes in a constituency wins.

Its composition is laid out in Article 81. The Constitution sets the maximum strength at 550 elected members: up to 530 chosen from the states and up to 20 representing the Union Territories. With the now-removed provision for two nominated Anglo-Indian members, the figure historically cited was 552. The allocation of seats among states is based on population, so a populous state like Uttar Pradesh sends far more members than a smaller state, while every state is guaranteed at least one seat.

Tenure and dissolution 🔗

The Lok Sabha has a fixed normal tenure of five years, as provided in Article 83. However, this term is not guaranteed. The President can dissolve the House before five years are up, usually when a government loses its majority and fresh elections become necessary. During a national emergency, Parliament can extend the tenure by one year at a time, and this extension cannot continue beyond six months after the emergency ends.

Because it is directly elected, the Lok Sabha holds a special power. The Council of Ministers is collectively responsible to it. If a majority of Lok Sabha members pass a no-confidence motion, the entire government, including the Prime Minister, must resign. The Rajya Sabha has no such authority, which makes the Lok Sabha the decisive House in matters of government survival.

The Rajya Sabha: the Council of States 🔗

The Rajya Sabha is the upper House and represents the states and Union Territories of the federation. Its composition is governed by Article 80, which fixes the maximum strength at 250 members. Of these, up to 238 are representatives of the states and Union Territories, and 12 are nominated by the President.

The nominated members are not chosen at random. The President selects individuals with special knowledge or practical experience in fields such as literature, science, art, and social service. This brings domain expertise into law-making and is meant to enrich the quality of legislative debate. The state representatives, on the other hand, are indirectly elected by the elected members of the State Legislative Assemblies, using a system of proportional representation. The allocation of seats to each state is set out in the Fourth Schedule of the Constitution.

A permanent body with staggered terms 🔗

The most distinctive feature of the Rajya Sabha is that it is a permanent body and cannot be dissolved. Article 83 provides that its members serve six-year terms, but one-third of them retire every two years. New members are then elected to fill those seats. This staggered arrangement, sometimes described as a continuous flow, ensures that the House always exists and that legislative experience is never wiped out at once. The Rajya Sabha was officially constituted in April 1952 and has continued without interruption ever since.

This continuity gives the Rajya Sabha its character as the House of Elders. While governments and Lok Sabhas come and go, the upper House provides stability, protects the interests of the states against potential central dominance, and acts as a revising chamber that reviews and refines legislation passed by the lower House.

The role of the President in the legislative process 🔗

Though largely a constitutional head who acts on the advice of the Council of Ministers, the President performs several functions essential to keeping Parliament running. These powers are real, even if exercised on advice.

Summoning, proroguing, and dissolving 🔗

Under Article 85, the President summons each House of Parliament to meet. Parliament cannot assemble on its own; it needs the President’s summons. The Constitution adds an important safeguard: the gap between the last sitting of one session and the first sitting of the next cannot exceed six months. This forces Parliament to meet at least twice a year and keeps the executive answerable at regular intervals. By convention, three sessions are held annually, the Budget, Monsoon, and Winter sessions.

The President can also prorogue a session, which formally ends it, and can dissolve the Lok Sabha, which terminates it completely and triggers fresh elections. Prorogation is different from adjournment, which is only a temporary suspension by the presiding officer. The Rajya Sabha, being permanent, can be prorogued but never dissolved.

Assent to bills 🔗

Under Article 111, once both Houses pass a bill, it goes to the President for assent. The President has options: grant assent so the bill becomes law, withhold assent, or, for ordinary bills, return it to Parliament for reconsideration. If Parliament passes the bill again, even unchanged, the President is then obliged to grant assent. Money bills and constitutional amendment bills cannot be returned in this way.

The functions of the Union Legislature 🔗

The Union Legislature does far more than pass laws. Its functions span several areas of national governance.

Legislative function: Making laws on subjects in the Union List and the Concurrent List is its primary role. A bill must clear both Houses before going to the President.

Financial control: Parliament controls the nation’s finances. No tax can be levied and no public money spent without its approval. The annual budget is presented to and passed by Parliament.

Executive accountability: Through devices like question hour, debates, motions, and the no-confidence motion, Parliament holds the government answerable for its actions.

Constitutional amendment: Under Article 368, Parliament has the power to amend the Constitution, though landmark judgments such as Kesavananda Bharati v. State of Kerala (1973) established that this power cannot alter the basic structure of the Constitution.

Resolving deadlocks between the two Houses 🔗

What happens when the two Houses disagree on an ordinary bill? Article 108 provides the answer through a joint sitting. The President can summon both Houses together to deliberate and vote on the bill if one House rejects it, if they disagree on amendments, or if more than six months pass without the bill being passed by the second House.

In a joint sitting, the bill passes if a majority of the total members present and voting approve it. Because the Lok Sabha has many more members, it tends to dominate the outcome. This mechanism is used sparingly. Only three bills have been passed through joint sittings since independence, the most contentious being the Prevention of Terrorism Act in 2002. Importantly, joint sittings do not apply to money bills or constitutional amendment bills, which follow separate procedures.

The special position of money bills 🔗

On financial matters, the two Houses are not equal. A money bill, defined under Article 110, can only originate in the Lok Sabha. After the Lok Sabha passes it, the bill goes to the Rajya Sabha, which must return it within 14 days with recommendations. The Lok Sabha may accept or reject these recommendations, and the bill is deemed passed regardless. This gives the lower House clear supremacy over the nation’s purse, reflecting its direct mandate from the people.

What do you think? Does the indirect election of the Rajya Sabha make it less democratic than the Lok Sabha, or does its role as a revising chamber justify a different design? And should a permanent upper House have more power to check legislation, or would that risk slowing down a government that the people directly elected?

References

1. https://www.constitutionofindia.net/articles/article-79-constitution-of-parliament/
2. https://www.nextias.com/blog/parliament-of-india/
3. https://www.gktoday.in/article-80/
4. https://vajiramandravi.com/current-affairs/article-83-of-indian-constitution/
5. https://careers360.com/legal-studies/lok-sabha-of-india-topic-pge
6. https://www.maansarovarlawcentre.com/indian-parliament
7. https://www.gktoday.in/article-85/
8. https://lawbhoomi.com/legislative-powers-of-the-president-of-india/
9. https://www.constitutionofindia.net/articles/article-108-joint-sitting-of-both-houses-in-certain-cases/
10. https://effectivelaws.com/article-108-of-indian-constitution/
11. https://data.ipu.org/parliament/IN/IN-UC01/law-making-oversight-budget/law-making-oversight-budget/