Lok Sabha

A major portion of the Indian subcontinent was under British rule from 1858 to 1947.[14] During this period, the office of the Secretary of State for India (along with the Council of India) was the authority through whom British Parliament exercised its rule in the Indian sub-continent, and the office of Viceroy of India was created, along with an Executive Council in India, consisting of high officials of the British government. The Indian Councils Act 1861 provided for a Legislative Council consisting of the members of the Executive Council and non-official members. The Indian Councils Act 1892 established legislatures in each of the provinces of British India and increased the powers of the Legislative Council. Although these Acts increased the representation of Indians in the government, their power remained limited, and the electorate very small. The Indian Councils Act 1909 admitted some Indians to the various councils. The Government of India Act 1919 further expanded the participation of Indians in the administration, creating the Central Legislative Assembly, for which Parliament House, New Delhi, was built and opened in 1927.[15]

The Government of India Act 1935 introduced provincial autonomy and proposed a federal structure in India.[16] The Indian Independence Act 1947, passed by the British parliament on 18 July 1947, divided British India (which did not include the Princely States) into two newly independent countries, India and Pakistan, which were to be dominions under the Crown until they had each enacted a new constitution. The Constituent Assembly was divided into two for the separate nations, with each new Assembly having sovereign powers transferred to it for the respective dominion.

The Constitution of India was adopted on 26 November 1949 and came into effect on 26 January 1950, proclaiming India to be a sovereign, democratic republic. This contained the founding principles of the law of the land which would govern India in its new form, which now included all the princely states which had not acceded to Pakistan.

According to Article 79 (Part V-The Union.) of the Constitution of India, the Parliament of India consists of the President of India and the two Houses of Parliament known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).[17]

The Lok Sabha (Lower house of the People) was duly constituted for the first time on 17 April 1952 after the first General Elections held from 25 October 1951 to 21 February 1952.

Article 84 (under Part V. – The Union)[18] of Indian Constitution sets qualifications for being a member of Lok Sabha, which are as follows:

1. They should be a citizen of India, and must subscribe before the Election Commission of India, an oath or affirmation according to the form set out for the purpose in the Third Schedule of the Indian Constitution.
2. They should not be less than 25 years of age.
3. They possess other such qualifications as may be prescribed in that behalf by or under any law made by the Parliament.
4. They should not be proclaimed criminal i.e. they should not be a convict, a confirmed debtor or otherwise disqualified by law; and
5. They should have their name in the electoral rolls in any part of the country.

However, a member can be disqualified from being a member of Parliament:

1. If they hold the office of profit;
2. If they are of unsound mind and stand so declared by a competent court
3. If they are an undischarged insolvent;
4. If they are not a citizen of India, or have voluntarily acquired the citizenship of a foreign State, or are under any acknowledgement of allegiance or adherence to a foreign State;
5. If they are violating party discipline (as per the Tenth Schedule of the constitution); disqualified under Representation of People Act.

A seat in the Lok Sabha will become vacant in the following circumstances (during the normal functioning of the House):

1. When the holder of the seat, by writing to the speaker, resigns.
2. When the holder of the seat is absent from 60 consecutive days of proceedings of the House, without prior permission of the Speaker.
3. When the holder of the seat is subject to any disqualifications mentioned in the Constitution or any law enacted by Parliament.
4. A seat may also be vacated when the holder stands disqualified under the 'Anti-Defection Law'.

Furthermore, as per article 101 (Part V.—The Union)[19] of the Indian Constitution, a person cannot be:

1. A member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
2. A member both of Parliament and of a House of the Legislature of a State.

The Lok Sabha has certain powers that make it more powerful than the Rajya Sabha.

• Motions of no confidence against the government can be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the Council of Ministers resign collectively. The Rajya Sabha has no power over such a motion and hence has no real power over the executive. This is because the Constitution of India has only made the Union Council of ministers responsible to the Lok Sabha, not to the Rajya Sabha.
• Money bills can only be introduced in the Lok Sabha, and upon being passed, are sent to the Rajya Sabha, where it can be deliberated on for up to 14 days. If not rejected by the Rajya Sabha, or 14 days lapse from the introduction of the bill in the Rajya Sabha without any action by the House, or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha, the bill is considered passed. The budget is presented in the Lok Sabha by the Finance Minister in the name of the President of India.
• In matters about non-financial (ordinary) bills, after the bill has been passed by the House where it was originally tabled (Lok Sabha or Rajya Sabha), it is sent to the other house, where it may be kept for a maximum period of 6 months. If the other House rejects the bill or a period of 6 months elapses without any action by that House, or the House that originally tabled the bill does not accept the recommendations made by the members of the other house, it results in a deadlock. This is resolved by a joint session of both Houses, presided over by the speaker of the Lok Sabha and decided by a simple majority. Though the Constitution has placed both houses on the same footing in this regard, in reality, it is the Lok Sabha's opinions that mostly prevail—due to its bigger numerical strength.
• Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional Amendment (by a majority of the total membership of the House and at least two-thirds majority of the members present and voting).
• Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the President (by two-thirds of the membership of the House).
• Equal Powers with the Rajya Sabha in the impeachment process (initiating and passing a motion for the removal) of the judges of the Supreme Court and the state High Courts (by a majority of the membership of the House and at least two-thirds majority of the members present and voting), who then can be removed by the President of India.
• Equal Powers with the Rajya Sabha in initiating and passing a resolution declaring war or national emergency (by two-thirds majority) or constitutional emergency (by simple majority) in a state.
• If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole Parliament. It cannot be dissolved. This is a limitation on the Lok Sabha. But there is a possibility that the president can exceed the term to not more than 1 year under the proclamation of emergency and the same would be lowered down to six-month if the said proclamation ceases to operate.

In conclusion, the Lok Sabha is more powerful than the Rajya Sabha in almost all matters. Even in those matters in which the Constitution has placed both Houses on an equal footing, the Lok Sabha has more influence due to its greater numerical strength. This is typical of parliamentary democracies, many of which have a lower house that is more powerful than the upper.

Speaker and Deputy Speaker

As per Article 93 of the Indian Constitution, the Lok Sabha has a Speaker and a Deputy Speaker. In the Lok Sabha, both presiding officers—the Speaker and the Deputy Speaker- are elected from among its members by a simple majority of members present and voting in the House. No specific qualifications are prescribed for being elected Speaker; the Constitution only requires that Speaker should be a member of the House. But an understanding of the Constitution and the laws of the country and the rules of procedure and conventions of Parliament is considered a major asset for the holder of the office of the Speaker. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker are mentioned under Article 94 of the Constitution of India. As per Article 94 of the Indian Constitution, a Speaker or a Deputy Speaker should vacate their office, a) if they cease to be a member of the House of the People, b) they resign, or c) is removed from office by a resolution of the House passed by a majority.

The Speaker of Lok Sabha is both a member of the House and its Presiding Officer. The Speaker conducts the business in the House. They decide whether a bill is a money bill or not. They maintain discipline and decorum in the house and can punish a member for their unruly behaviour by suspending them. They permit the moving of various kinds of motions and resolutions like the motion of no confidence, motion of adjournment, motion of censure and calling attention notice as per the rules. The Speaker decides on the agenda to be taken up for discussion during the meeting. It is the Speaker of the Lok Sabha who presides over joint sittings called in the event of disagreement between the two Houses on a legislative measure. Following the 52nd Constitution amendment, the Speaker is vested with the power relating to the disqualification of a member of the Lok Sabha on grounds of defection. The Speaker makes obituary references in the House, formal references to important national and international events, and the valedictory address after every Session of the Lok Sabha and also when the term of the House expires. Though a member of the House, the Speaker does not vote in the House except on those rare occasions when there is a tie at the end of a decision. To date, the Speaker of the Lok Sabha has not been called upon to exercise this unique casting vote. While the office of Speaker is vacant due to absence/resignation/removal, the duties of the office are performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose. The Lok Sabha has also a separate non-elected Secretariat staff.[22]

Shri G. V. Mavalankar was the first Speaker of Lok Sabha (15 May 1952 – 27 February 1956) and Shri M. Ananthasayanam Ayyangar was the first Deputy Speaker (30 May 1952 – 7 March 1956). In the 17th Lok Sabha, Om Birla is the current Speaker.[23]

Secretariat

The Secretariat of Lok Sabha was set up according to the provisions contained in Article 98 of the Constitution. The said Article, which provides for a separate secretarial staff for each House of Parliament, reads as follows:- 98. Secretariat of Parliament – Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament. (2) Parliament may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either House of Parliament.[24]

The Lok Sabha Secretariat functions under the overall guidance and control of the Speaker. The main activities of the Secretariat inter alia include the following :

(i) providing secretarial assistance and support to the effective functioning of the House of the People (Lok Sabha) possible to Members of Lok Sabha; (ii) providing amenities as admissible to Members of Lok Sabha; (iii) servicing the various Parliamentary Committees; (iv) preparing research and reference material and bringing out various publications; (v) recruitment of manpower in the Lok Sabha Secretariat and attending to personnel matters; & (vi) preparing and publishing a record of the day-to-day proceedings of the Lok Sabha and bringing out such other publications, as may be required concerning the functioning of the Lok Sabha and its Committees, among other things.

In the discharge of his constitutional and statutory responsibilities, the Speaker of the Lok Sabha is assisted by the Secretary-General, who holds the rank equivalent to the Cabinet Secretary to the Government of India. The Secretary-General, in turn, is assisted by senior functionaries at the level of Secretary, Additional Secretary, Joint Secretary and other officers and staff of the Secretariat.[25] Since November 2020, the Secretary-General of Lok Sabha is Utpal Kumar Singh, IAS.[26]

Each Lok Sabha is constituted after a general election:

As of 26 January 2020, the Lok Sabha is composed of 543 members [27] while maximum seats will fill up to 550 (after article 331- 2 seats reserved for Anglo Indian but by 126th Constitution Amendment article 331 is null by Parliament, before this amendment maximum seat will 552). The maximum size of the Lok Sabha as outlined in the Constitution of India is 552 members, made up of up to 524 members representing the people of 28 states and 19 members representing people of 8 Union territories based on their population. See the table below for details:

No. of Lok Sabha MP's party-wise:

As of 22 October 2022

• List of constituencies of the Lok Sabha
• Parliament of India
• Rajya Sabha

Wikimedia Commons has media related to Lok Sabha.

• Lok Sabha website
• General Elections 2019