Important Articles of Constitution

Important Articles of Constitution

Art-79. Constitution of Parliament

There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the council of States and the House of the People.

Art- 80. Composition of the Council of States

(1)       The Council of States shall consist of-  

(a) Twelve members to be nominated by the President in accordance with the provisions of clause (3); and

(b) not more than two hundred and thirty-eight representatives of the States and of the Union territories.

(2)      The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the fourth Schedule.  

(3)      The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-

Literature, science, art and social service.  

(4)     The representatives of each State in the council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.

(5)     The representatives of the Union Territories in the council of States shall be chosen in such manner as Parliament may by law prescribe.

Art- 83. Duration of Houses of Parliament.-

(1)       The council of States shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.  

(2)      The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year as a time and not extending in any case beyond a period of six months after s the Proclamation has ceased to operate.

Art- 84. Qualification for membership of Parliament.-

A person shall not be qualified to be chosen to fill a seat in Parliament unless he- 

(a)     is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;

(b)     is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and

(c)      Possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Art- 85. Sessions of Parliament, prorogation and dissolution.-

(1)       The President shall form time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.  

(2)      The President may from time to time-

(a) Prorogue the Houses or either House;

(b) Dissolve the House of the People.

Art- 102. Disqualification’s for membership.-

(1)       A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament-  

(a) If he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;

(b) If he is of unsound mind and stands so declared by a competent court;

(c) If he is an undischarged insolvent;

(d) If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;

(e) If he is so disqualified by or under any law made by Parliament.

Explanation- For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.

(2)      A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule

Art- 103. Decision on questions as to disqualifications of members.-

(1)       If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred for the decision of the President and his decision shall be final.

(2)      Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.