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.
Return to Index: Indian Polity