Parliament and State Legislature Questions for UPSC CSE

Structure of Parliament

Parliament of India consists of three parts: the President, the Lok Sabha (House of the People), and the Rajya Sabha (Council of States). This bicameral structure is given under Article 79. The President is an integral part of Parliament but does not sit in either House. Rajya Sabha is a permanent body — it cannot be dissolved, only one-third of its members retire every two years. Lok Sabha has a normal term of five years but can be dissolved earlier by the President on advice of the Prime Minister.

• Article 79: Constitution of Parliament (President + LS + RS)
• Lok Sabha: max 552 members (530 states + 20 UTs + 2 Anglo-Indians — note: Anglo-Indian nomination abolished by 104th Amendment 2020)
• Rajya Sabha: max 250 members (238 elected + 12 nominated by President for expertise in art, science, literature, social service)
• Rajya Sabha members elected by State Legislative Assemblies through Single Transferable Vote (proportional representation)
• Lok Sabha term: 5 years; Rajya Sabha: permanent, members serve 6-year terms
• Quorum: 1/10th of total membership of each House

Presiding Officers

The Speaker presides over Lok Sabha and is elected by Lok Sabha members. The Vice-President of India is the ex-officio Chairman of Rajya Sabha. The Speaker's role is crucial — they decide on money bills, admit no-confidence motions, maintain order, and adjudicate disqualification under the Tenth Schedule (anti-defection). Importantly, the Speaker can be removed only by a resolution passed by an effective majority of Lok Sabha — a 14-day advance notice is required.

• Speaker of Lok Sabha elected by members; Deputy Speaker also elected by members
• Vice-President = ex-officio Chairman of Rajya Sabha
• Speaker decides whether a bill is a Money Bill (Article 110) — decision is final
• Speaker presides over joint sitting of Parliament (Article 118)
• Speaker adjudicates disqualification under Tenth Schedule (anti-defection law)
• Speaker removal: resolution by effective majority with 14 days notice

Legislative Procedure — Types of Bills

Bills can be classified as Ordinary Bills (Article 107), Money Bills (Article 110), Financial Bills, and Constitutional Amendment Bills (Article 368). An Ordinary Bill can originate in either House. A Money Bill can only originate in Lok Sabha and Rajya Sabha can only make recommendations (not binding) within 14 days — if it does not return it within 14 days, it is deemed passed. The President can withhold assent from ordinary bills but not from Money Bills. A joint sitting is called for an Ordinary Bill deadlock but NOT for Money Bills or Constitution Amendment Bills.

• Ordinary Bill: can be introduced in either House; joint sitting possible if deadlock
• Money Bill (Article 110): only in Lok Sabha; RS has 14 days to recommend; Lok Sabha may accept or reject
• Financial Bill: partly money, partly ordinary — different types have different rules
• Constitution Amendment (Article 368): special majority required; some need ratification by half the states
• Joint sitting: convened by President, presided by Speaker of Lok Sabha — only for Ordinary Bills
• President's assent options: give assent, withhold assent, or return (not applicable to Money Bills)

Sessions, Sittings, and Special Powers

Parliament meets in three sessions: Budget Session (Feb-May), Monsoon Session (Jul-Aug), Rainy/Autumn Session (Nov-Dec). There is no fixed minimum number of sessions constitutionally, but the gap between two sessions cannot exceed six months. The President summons, prorogues, and dissolves Lok Sabha. Parliament can make laws on State List subjects under five special circumstances — national emergency, Rajya Sabha resolution, request by two or more state legislatures, international treaty, and President's Rule.

• Three sessions: Budget, Monsoon, Winter — but gap between sessions cannot exceed 6 months
• President summons (Article 85) and prorogues Parliament; only Lok Sabha can be dissolved
• Ordinance-making power of President (Article 123) — equivalent to Parliament's legislative power; valid for 6 weeks after reassembly
• Parliament on State List: Article 249 (RS resolution), Article 250 (national emergency), Article 252 (state request), Article 253 (international treaty), Article 356 (President's Rule)
• Zero Hour: informal device, not in rules; Question Hour is for 1st hour of sitting
• No-confidence motion only in Lok Sabha; Confidence motion also only in Lok Sabha

Anti-Defection Law (Tenth Schedule)

Added by the 52nd Constitutional Amendment (1985), the Tenth Schedule disqualifies members if they voluntarily give up party membership or vote/abstain against party direction without prior permission. Originally allowed merger if 2/3rd of members agreed; the 91st Amendment (2003) raised this — now no merger of less than 2/3rd is valid and the split provision was removed. The Speaker/Chairman is the final authority for disqualification, but their decision is subject to judicial review by the Supreme Court.

• 52nd Amendment 1985 — added Tenth Schedule
• Disqualification: voluntary resignation from party OR voting against party whip without permission
• 91st Amendment 2003: removed split provision; only merger of 2/3rd members valid
• Speaker decides disqualification — but Supreme Court can review (Kihoto Hollohan case 1992)
• Exception: Speaker/Chairman themselves can be disqualified — decided by a member elected by the House
• Party whip does not apply during Presidential/Vice-Presidential elections

State Legislature

Each state has a Legislature consisting of the Governor and one or two Houses. Only 6 states have bicameral legislatures (Vidhan Parishad + Vidhan Sabha): Uttar Pradesh, Maharashtra, Karnataka, Bihar, Andhra Pradesh, and Telangana. All other states have unicameral Vidhan Sabha only. Vidhan Sabha maximum strength is 500, minimum is 60 (exception: Goa, Sikkim, Mizoram, Puducherry have less). Vidhan Parishad is a permanent body like Rajya Sabha; Vidhan Sabha can be dissolved.

• 6 states with Vidhan Parishad: UP, Maharashtra, Karnataka, Bihar, Andhra Pradesh, Telangana — mnemonic: UMKABT
• Vidhan Parishad: 1/3rd elected by Vidhan Sabha, 1/3rd by local bodies, 1/12th graduates, 1/12th teachers, 1/6th nominated by Governor
• Vidhan Sabha max 500 / min 60 members; Vidhan Parishad cannot exceed 1/3rd of Vidhan Sabha
• Governor summons, prorogues, and can dissolve Vidhan Sabha on CM advice
• Money Bill in states: same logic — only Vidhan Sabha, Vidhan Parishad has 14 days
• Parliament can create or abolish Vidhan Parishad by simple majority + request from the state (Article 169)

• Confusing Rajya Sabha's role on Money Bills — it can only RECOMMEND, not amend or reject; and its 14-day silence means the bill is deemed passed, not rejected
• Thinking joint sitting applies to Money Bills and Constitution Amendment Bills — it does NOT; only Ordinary Bills
• Forgetting that the 104th Amendment (2020) abolished Anglo-Indian nomination to Lok Sabha and State Assemblies
• Mixing up the 52nd Amendment (Anti-defection law) with the 91st Amendment (removed split, raised merger threshold) — both relate to Tenth Schedule but different provisions
• Assuming all states have two houses — only 6 states have Vidhan Parishad; confusing Vidhan Parishad composition percentages is a frequent trap

• 6 states with Vidhan Parishad: UMKABT — UP, Maharashtra, Karnataka, Andhra, Bihar, Telangana
• Money Bill flow: Born in Lok Sabha, Rajya Sabha babysits for 14 days, Speaker certifies the birth certificate — RS cannot reject it
• Anti-defection: 52 came first (law made), 91 came later (loophole closed) — 52+91 = defection story
• Parliament on State List — RETIRE mnemonic: Rajya Sabha resolution, Emergency (national), Treaty, International agreement, Request by states, Emergency (President's Rule)

• Prelims frequently asks about specific Articles — know Article 79 (constitution of Parliament), 85 (sessions), 108 (joint sitting), 110 (money bill), 112 (budget), 123 (ordinance), 368 (amendment) by number
• The distinction between Money Bill and Financial Bill is a classic MCQ trap — UPSC has asked this at least 3 times in last 10 years; know that not every finance-related bill is a Money Bill
• Mains 2023 and 2019 asked about declining legislative oversight and role of Parliament — prepare 3-4 specific examples of parliamentary tools: zero hour, question hour, calling attention motion, privilege motion
• Anti-defection questions have appeared in Prelims and Mains both — the Kihoto Hollohan judgment (Speaker's decision is subject to judicial review) is a key fact often tested
• For Rajya Sabha's special powers, remember it is NOT a weaker house — it has exclusive powers under Articles 249 and 312 (All India Services creation) that Lok Sabha does not have; this is a common Mains angle