ANALYSE THE 

COMPOSITION, 
TENURE AND 
DISQUALIFICATIO
N OF MEMBER OF 
PARLIAMENT 
Name of the Institution​ JEMTEC
-​

SCHOOL OF LAW

Affiliated To-
​GGSIP University

Submitted by-
Shivani Vashisth
3​rd​ Semester, Sec-A
B.B.A L.L.B
Constitution
2017-2022
 ACKNOWLEDGEMENT

I would like to acknowledge the able guidance and constant support of our director
Dr. R.K. Raghuvanshi whose help from the starting to the finishing of the project
enabled me to develop an understanding
of the subject.
I would like to express my gratitude to my mentor whose help and support gave
me the strength to complete this project with complete understanding.
This is an outcome of an unparallel infrastructural support that I have received
from
JEMTEC School of Law, IP University
It would never have been possible to complete this project without an untiring
support from my family.
I do hereby acknowledge that all the information contained in this true to my
knowledge and understanding.Any material written by another person that has
been used in this project has been thoroughly acknowledged.
 CONTENTS

S.No. Topic

1 Introduction

2 Composition of the Parliament

3 Tenure of the Parliament

4 Dissolution of the Parliament

5 Conclusion
 INTRODUCTION
Parliament is the supreme legislative body of India. The Indian Parliament comprises of the
President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the
People). The President has the power to summon and prorogue either House of Parliament or to
dissolve Lok Sabha. The Constitution of India came into force on January 26, 1950. The first
general elections under the new Constitution were held during the year 1951-52.
In India, the Constitution establishes a Parliamentary form of Government as distinguished from
American Presidential type of government. The essence of Parliamentary type of government is
that the head of Ministers. The Prime Minister is the head of the Council of Ministers. The
council of ministers is responsible to the House of People. Though the executive power is vested
in the President but he exercises this power with the aid and advice of the Council of Ministers.
The members of Council of Ministers are all elected by the people and they are members of the
legislature.
 COMPOSITION OF THE PARLIAMENT
Parliament of India consists of three organs. The President, the Council of States(the Rajya
Sabha) and the House of People( the Lok Sabha). Though President is not a member of either
house of Parliament yet, like the British Crown, he is integral part of the parliament and performs
certain functions relating to its proceedings. In India the President summons the two Houses of
Parliament,dissolves the House of People and gives assent of Bills.
It is to be noted that, though Indian Constitution provides for parliamentary form of government
but unlike Britain, the Prialament is not supreme under Indian Constitution. In India the
Constitution is supreme. In England , laws passed by the parliament cannot be declared
unconstitutional while the Indian Constitution expressly vests this power in the court. The Indian
Parliament is the creature of the constitution and derives all its powers from the Constitution. It
is not a sovereign body.
The Rajya Sabha:
The Rajya Sabha or Council of States is the upper house of the Union Parliament. The Rajya
Sabha should consist of not more than 250 members - 238 members representing the States and
Union Territories, and 12 members nominated by the President. Rajya Sabha is a permanent
body and is not subject to dissolution. However, one third of the members retire every second
year, and are replaced by newly elected members. Each member is elected for a term of six
years. The Vice President of India is the ex-officio Chairman of Rajya Sabha. The House also
elects a Deputy Chairman from among its members. Besides, there is also a panel of "Vice
Chairmen" in the Rajya Sabha. The senior most minister, who is a member of Rajya Sabha, is
appointed by the Prime Minister as Leader of the House.
The Lok Sabha:
The Lok Sabha is a popular House. Its members are directly elected by the people.The Lok
Sabha is composed of representatives of people chosen by direct election on the basis of
Universal Adult Suffrage. Maximum strength of the House is 552 members - 530 members to
represent the States, 20 members to represent the Union Territories, and 2 members to be
nominated by the President from the Anglo-Indian Community. At present, the strength of the
House is 545. The term of the Lok Sabha, unless dissolved, is five years from the date appointed
for its first meeting. However, while a proclamation of emergency is in operation, this period
may 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.
 TENURE OF THE PARLIAMENT
The 233 elected members of Rajya Sabha are elected by the elected members of legislative
assemblies of the states in accordance with the System of Proportional Representation by means
of Single Transferable Vote. Thus election of Rajya Sabha members is an indirect election. We
note here that nominated members of legislative assemblies and members of legislative councils
in bicameral legislatures don’t participate in the election of Rajya Sabha members.
Rajya Sabha has an indefinite term and not subject to dissolution (Article 83.1). The term of an
Individual Rajya Sabha member is 6 years and one third of its members retire every two years, in
accordance with the rules as prescribed by the parliament of India.
Rajya Sabha has an indefinite term and not subject to dissolution (Article 83.1). The term of an
Individual Rajya Sabha member is 6 years and one third of its members retire every two years, in
accordance with the rules as prescribed by the parliament of India.

The total seats for elected members of Lok Sabha are distributed among the states in such way
that ratio between the number of seats allotted to each State and the population of the State is, so
far as practicable, the same for all States. Further, each State is 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. The
Constitution had left to the parliament to decide by law how representatives of people from
Union territories will be elected. Parliament enacted the Union Territories (Direct Election to the
House of the People) Act, 1965, by which the members of Lok Sabha from the union territories
are also chosen by
direct election. Thus, as far as election of members of Lok Sabha is concerned, there is no
difference between states and union territories.Lok Sabha has a fixed term of 5 years and can be
dissolved by the President at any time. The original Constitution had a term of Lok Sabha as 6
years. It was changed to 5 years by Constitution 44th Amendment Act 1978. While a
Proclamation of Emergency is in operation, 5 year period for Lok Sabha may be extended by
Parliament by law for a period not exceeding one year at a time and not exceeding in any case
beyond a period of six months after the Proclamation has ceased to operate.The speaker and
deputy speakers are presiding officers of Lok Sabha who are elected by the members of that
house.The speaker and deputy speakers are presiding officers of Lok Sabha who are elected by
the members of that house.
DISSOLUTION OF THE MEMBERS
Under the Constitution of India, the President is empowered to dissolve the Lok Sabha. The Lok
Sabha is elected for a term of five years and the expiration of the said period of five years shall
operate as a dissolution of the House. Article 85(2)(b) however, gives the power to the President
to dissolve the lower house of Parliament before the expiry of five year period. The Rajya Sabha
is a permanent house and is not subject to dissolution.
The concept of 'dissolution' is intimately linked with the history of representative parliamentary
institutions.No assembly of men, howsoever popularly elected, can possibly represent the people
for all times. Hence, there is a need for periodic renewals of the popular mandate.
Similarly in 1971, the Governor of Orissa accepted the advice of the Chief Minister for the
dissolution of the Assembly without providing an opportunity to the 12 Opposition to form an
alternative Government.Thus, it is evident from the above stated example that the Governors
have often exercised their discretion in accepting the demand of the Chief Ministers for the
dissolution of the Assemblies or refusing such a demand.In the matter of dissolving the lower
House of the Legislature, some guidance may also be sought from the British practice where also
the dissolution of Parliament is still by far the most eminent of Royal prerogatives and one of the
prime functions of the Crown, though the position in England in this respect is also not entirely
free from doubt.The question of premature dissolution of Lok Sabha became a live issue in
Indian politics for the first time in 1970. The President, Mr. V.V. Girl, dissolved the Lok Sabha
in December, 1970 - one year before its normal term and ordered a mid-term poll as soon as
possible. This was done on the recommendation of the Prime Ministers, Mrs.
Indira Gandhi.
 CONCLUSION
Parliamentary form of government hints at legislative supremacy. But
the federal nature of the Constitution makes it imperative that the highest judiciary is able to
exercise the power of Judicial Review. The roots of the present problem also lie in the design of
the Indian Constitution. In Indian democracy rule of law aims to protect fundamental rights as
well as socio-economic rights of its citizens. Success of rule of law depends upon administration
of justice. Unlike the other two branches of government – policy making and policy
implementation which draw their strength from their representative character, judiciary is placed
on a different pedestal. It draws its strength from its professionalism and jurisprudential
competence. So far as the Parliament is concerned Art 105(2) provides that no member of
Parliament shall be liable to any proceedings in any court in respect of anything said in
Parliament. Art. 121 restricts Parliament from discussing the conduct of any judge of the
Supreme Court or the High Court in the discharge of his duties, except upon a motion addressed
to the President for his removal. On the other hand, Art. 122 provides that the validity of any
proceedings in Parliament shall not be called in question on the ground of any alleged
irregularity of procedure. These Articles show the ‘mutual restrained’ to be exercised by the two
organs, namely the legislature and the judiciary.