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4. Fundamental Rights

The authority of the Parliament is also restricted by the incorporation of a code of justiciable fundamental rights under Part III of the Constitution. Article 13 prohibits the State from making a law that either takes away totally or abrogates in part a fundamental right. Hence, a Parliamentary law that contravenes the fundamental rights shall be void. In Britain, on the other hand, there is no codification of justiciable fundamental rights in the Constitution. The British Parliament has also not made any law that lays down the fundamental rights of the citizens. However, it

does not mean that the British citizens do not have rights. Though there is no charter guaranteeing rights, there is maximum liberty in Britain due to the existence of the Rule of Law.

Therefore, even though the nomenclature and organisational pattern of our Parliament is similar to that of the British Parliament, there is a substantial difference between the two. The Indian Parliament is not a sovereign body in the sense in which the British Parliament is a sovereign body. Unlike the British Parliament, the authority and jurisdiction of the Indian Parliament are defined, limited and restrained.

In this regard, the Indian Parliament is similar to the American Legislature (known as Congress). In USA also, the sovereignty of Congress is legally restricted by the written character of the Constitution, the federal system of government, the system of judicial review and the Bill of Rights.


Table 22.5 Allocation of Seats in Parliament for States and Union Territories (2019)


S.No. States/UTs

No. of Seats in Rajya Sabha

No. of Seats in Lok Sabha

I. States

1. Andhra Pradesh

11

25

2. Arunachal Pradesh

1

2

3. Assam

7

14

4. Bihar

16

40

5. Chhattisgarh

5

11

6. Goa

1

2

7. Gujarat

11

26

8. Haryana

5

10

9. Himachal Pradesh

3

4

10. Jharkhand

6

14


11. Karnataka

12

28

12. Kerala

9

20

13. Madhya Pradesh

11

29

14. Maharashtra

19

48

15. Manipur

1

2

16. Meghalaya

1

2

17. Mizoram

1

1

18. Nagaland

1

1

19. Odisha

10

21

20. Punjab

7

13

21. Rajasthan

10

25

22. Sikkim

1

1

23. Tamil Nadu

18

39

24. Telangana

7

17

25. Tripura

1

2

26. Uttarakhand

3

5

27. Uttar Pradesh

31

80

28. West Bengal

16

42

II. Union Territories

1. Andaman and Nicobar Islands

-

1

2. Chandigarh

-

1

3. Dadra and Nagar Haveli

-

1

4. Daman and Diu

-

1

5. Delhi (The National Capital Territory of Delhi)

3

7

6. Lakshadweep

-

1

7. Puducherry

1

1

8. Jammu and Kashmir

4

5




9 Ladakh

-

1

III. Nominated members

12

2

Total

245

545


Table 22.6 Seats Reserved for SCs and STs in the Lok Sabha (2019)


Name of the State/Union Territory

Total

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

I. STATES:

1. Andhra Pradesh

25

4

1

2. Arunachal Pradesh

2

-

-

3. Assam

14

1

2

4. Bihar

40

6

-

5. Chhattisgarh

11

1

4

6. Goa

2

-

-

7. Gujarat

26

2

4

8. Haryana

10

2

-

9. Himachal Pradesh

4

1

-

10. Jharkhand

14

1

5

11. Karnataka

28

5

2

12. Kerala

20

2

-

13. Madhya Pradesh

29

4

6

14. Maharashtra

48

5

4

15. Manipur

2

-

1

16. Meghalaya

2

-

2

17. Mizoram

1

-

1


18. Nagaland

1

-

-

19. Odisha

21

3

5

20. Punjab

13

4

-

21. Rajasthan

25

4

3

22. Sikkim

1

-

-

23. Tamil Nadu

39

7

-

24. Telangana

17

3

2

25. Tripura

2

-

1

26. Uttarakhand

5

1

-

27. Uttar Pradesh

80

17

-

28. West Bengal

42

10

2

II. UNION TERRITORIES:

1. Andaman and Nicobar Islands

1

-

-

2. Chandigarh

1

-

-

3. Dadra and Nagar Haveli

1

-

1

4. Daman and Diu

1

-

-

5. Delhi (The National Capital Territory of Delhi)

7

1

-

6. Lakshadweep

1

-

1

7. Puducherry

1

-

-

8. Jammu and Kashmir

5

-

-

9. Ladakh

1

-

-

Total

543

84

47


Table 22.7 Durations of the Lok Sabha (from First Lok Sabha to Present Lok Sabha)

Lok Sabha

Duration Remarks

First

1952-1957 Dissolved 38 days before expiry of its term.

Second

1957-1962 Dissolved 40 days before expiry of its term.

Third

1962-1967 Dissolved 44 days before expiry of its term.

Fourth

1967-1970 Dissolved one year and 79 days

before expiry of its term.

Fifth

1971-1977 Term of the Lok Sabha was

extended two times by one year at a time. However, the House was dissolved after having been in existence for a period of five years, 10 months and six days.

Sixth

1977-1979 Dissolved after having been in

existence for a period of two years, four months and 28 days.

Seventh

1980-1984 Dissolved 20 days before expiry of its term.

Eighth

1985-1989 Dissolved 48 days before expiry of its term.

Ninth

1989-1991 Dissolved after having been in

existence for a period of one year, two months and 25 days.

Tenth

1991-1996 -

Eleventh

1996-1997 Dissolved after having been in

existence for a period of one year, six months and 13 days.

Twelfth

1998-1999 Dissolved after having been in

existence for a period of one year, one month and four days.

Thirteenth

1999-2004 Dissolved 253 days before expiry of its term.

Fourteenth

2004-2009

-

Fifteenth

2009-2014

-

Sixteenth

2014-2019

-

Seventeenth

2019-

Continuing

-


Table 22.8 Speakers of the Lok Sabha (from First Lok Sabha to Present Lok Sabha)


Lok Sabha Name

Tenure (Remarks)

First 1. Ganesh Vasudev Mavalanker

1952 to 1956 (Died)

2. Ananthasayanam Ayyangar

1956 to 1957

Second

Ananthasayanam Ayyangar

1957 to 1962

Third

Hukum Singh

1962 to 1967

Fourth

1. Neelam Sanjiva Reddy

1967 to 1969

(Resigned)


2. Gurdial Singh Dhillan

1969 to 1971

Fifth

1. Gurdial Singh Dhillan

1971 to 1975

(Resigned)


2. Bali Ram Bhagat

1976 to 1977

Sixth

1. Neelam Sanjiva Reddy

1977 to 1977

(Resigned)


2. K.S. Hegde

1977 to 1980

Seventh

Balram Jakhar

1980 to 1985

Eighth

Balram Jakhar

1985 to 1989

Ninth

Rabi Ray

1989 to 1991

Tenth

Shivraj Patil

1991 to 1996

Eleventh

P.A. Sangma

1996 to 1998

Twelfth

G.M.C. Balayogi

1998 to 1999

Thirteenth

1. G.M.C. Balayogi

1999 to 2002 (Died)

2. Manohar Joshi

2002 to 2004

Fourteenth

Somnath Chatterjee

2004 to 2009

Fifteenth

Ms. Meira Kumar

2009 - 2014

Sixteenth

Ms. Sumitra Mahajan

2014 - 2019

Seventeenth

Om Birla

2019 - till date


Table 22.9 Articles Related to Parliament at a Glance


Article No. Subject Matter

General

79. Constitution of Parliament

80. Composition of the Council of States

81. Composition of the House of the People

82. Readjustment after each census

83. Duration of Houses of Parliament

84. Qualification for membership of Parliament

85. Sessions of Parliament, prorogation and dissolution

86. Right of President to address and send messages to Houses

87. Special address by the President

88. Rights of Ministers and Attorney-General as respects Houses

Officers of Parliament

89. The Chairman and Deputy Chairman of the Council of States

90. Vacation and resignation of, and removal from, the office of Deputy Chairman

91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman


92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

93. The Speaker and Deputy Speaker of the House of the People

94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker

98. Secretariat of Parliament