ASKiIMAN™ ARCHIVE / INDIAN POLITY
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Composition & Position

The Tripartite Legislature & Constitutional Boundaries

PART I — THE TRIPARTITE STRUCTURE

ARTICLE 79

Constitution of Parliament

  • The Parliament of India consists of three parts: The **President**, the **Council of States (Rajya Sabha)**, and the **House of the People (Lok Sabha)**.
  • Though not a member of either House, the President is an integral part because a bill passed by both Houses cannot become law without their assent.
  • Also, the President summons/prorogues the Houses and issues ordinances.
STRUCTURAL DESIGN

Bicameralism

  • Adopted to ensure a federal equilibrium and check hasty legislation.
  • **Rajya Sabha (Upper House/Second Chamber):** Represents the States and Union Territories. Protects state interests against undue central interference.
  • **Lok Sabha (Lower House/First Chamber):** Represents the people of India as a whole. Directly elected and exercises real financial and executive control.

PART II — SOVEREIGNTY & THE CROWN

CONSTITUTIONAL LIMITS

Sovereignty of Parliament

  • Unlike the British Parliament (which is fully sovereign and can make/unmake any law), the **Indian Parliament is not a sovereign body**.
  • Its authority is strictly limited by the written Constitution, the federal distribution of powers, and Fundamental Rights.
  • Most importantly, its laws are subject to **Judicial Review** by the Supreme Court (which can strike them down as *ultra vires*).
COMPARATIVE POLITY

President vs. The Crown

  • The Indian model is based on the **British Westminster system**, where the Crown (Monarch) is part of Parliament (Crown-in-Parliament).
  • Unlike the American Presidential system, where the President is strictly separated from the legislature (Congress).
  • **Difference from UK:** India is a Republic; the President is elected, whereas the British Crown is hereditary.
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