JAGTIV · Previous Year Questions

UPPSC

POLITY · 2012

Previous Year Question

Indian Parliament consists of

A.

Lok Sabha and Rajya Sabha

B.

Lok Sabha, Rajya Sabha and Prime Minister

C.

Speaker and Lok Sabha

D.

President and both the Houses

Correct Answer: D

Detailed Solution

The correct answer is the President and both the Houses. Article 79 of the Constitution expressly provides that there shall be a Parliament for the Union consisting of the President and two Houses—the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Thus, the three constitutional components of the Indian Parliament are President + Rajya Sabha + Lok Sabha.

An important distinction must be understood here—the President is a constituent part of Parliament but is not a member of either House. Under Article 59(1), the President cannot be a member of the Lok Sabha or Rajya Sabha. If a Member of Parliament is elected President, his or her seat in that House is deemed vacant from the date of entering upon the office of President.

The President's position as a constitutional component of Parliament also has practical significance. Under Article 85, the President summons each House of Parliament, may prorogue the Houses and may dissolve the Lok Sabha. Articles 86 and 87 also give the President constitutional functions relating to addressing the Houses and sending messages to them.

Therefore, the Prime Minister is not a separate constitutional component of Parliament, nor is the Speaker of the Lok Sabha counted as its third component. Ministers may be members of Parliament, but under Article 79 the composition remains President + Rajya Sabha + Lok Sabha.

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