Difference between Lok Sabha and Rajya Sabha

India's political system follows a federal structure, consisting of two tiers of government: the Union Government and the State Government. The concept of bicameralism was introduced in 1919 under the Government of India Act. In the subsequent article, we will delve into the disparities between the two houses of Parliament: the Lok Sabha and the Rajya Sabha.
 

The Lok Sabha:

The Lok Sabha, also known as the House of the People, is the lower house of the Union Parliament and holds significant power. It represents the Indian population and its members are directly elected by the people. The Lok Sabha is a fully democratic, representative, and national house of Parliament.

 I. Composition:

The Lok Sabha currently comprises a total of 543 members out of which 523 are elected by the citizens from all states of India, while the remaining 20 are elected by the people of the Union Territories. Additionally, the President appoints two members from the Anglo-Indian community. It is worth mentioning that until the year 2010, the maximum membership of the Lok Sabha was fixed at 552. Each state is allocated a specific number of seats, with some reserved for individuals belonging to the Scheduled Castes (SC) and Scheduled Tribes (ST). For instance, Odisha has a representation of 21 seats, with certain seats being reserved for members of the SC and ST communities.
 

 II. Method of Election:

 Members of the Lok Sabha are elected based on the following principles:

 a) Universal Adult Franchise: Every citizen over the age of 18 has the right to vote in Lok Sabha elections if their name appears on the voter's list of their respective constituency.

 b) Reservation of Seats for SCs and STs: Certain constituencies are reserved for SCs and STs, and only candidates belonging to these communities can contest elections from these constituencies. Voters in these constituencies exercise their right to vote for the SC or ST candidate of their choice.

 c) Single Member Territorial Constituencies: The country is divided into territorial constituencies based on the total number of Lok Sabha members to be elected. Each constituency elects one Member of Parliament (MP).

 d) Secret Ballot: Members of the Lok Sabha are elected through a secret ballot, ensuring the confidentiality of their voting decisions. Electronic Voting Machines (EVMs) are now utilized for voting.

 e) Direct Election and Simple Majority Vote Victory System: Lok Sabha members are directly elected by the people. Voters have the freedom to cast their votes for any candidate of their choice from their respective constituencies. The candidate securing the highest number of votes becomes the representative of that constituency in the Lok Sabha.
 

 III. Qualifications for Membership:

 To be a member of the Lok Sabha, an individual must:

1) Be an Indian citizen.

2) Be at least 25 years old.

3) Not hold any office of profit in the government.

4) Not have an unsound mind or be bankrupt.

5) Not be a declared offender in a serious crime by any court.

6) Possess the qualifications prescribed by Parliament.
 

 IV. Tenure:

The Lok Sabha has a customary period of five years. In times of emergency, this period may be prolonged by one year. Nevertheless, fresh elections must be conducted within six months following the conclusion of the emergency. The President possesses the authority to dissolve the Lok Sabha based on the counsel of the Prime Minister or when no political party exhibits the capability to establish a government. In these situations, a new Lok Sabha must be elected within six months.
 

 V. Sessions:

 The President can convene a session of Parliament at any time, but there should not be a gap of more than six months between two sessions. At least two sessions of the Lok Sabha are mandatory in a year.
 

 VI. Quorum:

 For a Lok Sabha meeting to commence, the presence of at least 1/10th of its total members is necessary. If this quorum is not met, the Speaker of the House can adjourn the meeting.
 

 VII. Presiding Officers of the Lok Sabha:

 The Lok Sabha is chaired and presided over by the Speaker, who is elected by the members of the House. The Speaker conducts the proceedings, maintains discipline, and ensures decorum. The Speaker's authority is supreme in the Lok Sabha. In their absence, the Deputy Speaker assumes these responsibilities. If both the Speaker and Deputy Speaker are absent, a member chosen from a panel of chairmen presides over the meeting.
 

 VIII. Privileges of Members:

 Members of the Lok Sabha enjoy several privileges, including the freedom to express their views without inhibition within the House. They are immune from legal action relating to their statements made in the Lok Sabha. Additionally, they cannot be arrested for civil offenses during the session and up to 40 days prior to its commencement and 40 days after its conclusion. Arrest in criminal cases can only be made with the Speaker's prior knowledge.
 

 Powers and Functions of the Lok Sabha

1. Legislative Powers:

   - An ordinary bill can become law only after being passed by both the Lok Sabha and Rajya Sabha.

   - The Lok Sabha primarily introduces and passes most of the bills, with the Rajya Sabha providing its approval.

   - In case of disagreement, a joint sitting of both houses is summoned, and the decision of the joint sitting is accepted.
 

2. Executive Powers:

- The Council of Ministers holds collective responsibility to the Lok Sabha. - The leader of the majority party in the Lok Sabha assumes the position of the Prime Minister. - The Lok Sabha has the power to dismiss the ministry by passing a vote of no-confidence.

3. Financial Powers: 

The Lok Sabha possesses extensive financial powers.

- Exclusively, a money bill can be introduced in the Lok Sabha.

- Ultimately, the Lok Sabha exercises absolute control over the finances of the state.
 

4. Judicial Powers:

   - The Lok Sabha is involved in impeachment proceedings against the President.

   - It investigates charges against the Vice-President and has the power to remove judges of the Supreme Court or High Court.

   - It can also take action against members or citizens for contempt of the House.
 

5. Electoral Functions:

   - Members of the Lok Sabha participate in the election of the President and Vice-President.

   - The Lok Sabha elects its own Speaker and Deputy Speaker.
 

6. Other Powers of Lok Sabha:

   - The Lok Sabha, along with the Rajya Sabha, approves ordinances and makes decisions regarding state boundaries, qualifications of members, changes to court jurisdiction, and other administrative matters.
 

Position of the Lok Sabha:

The Lok Sabha is a powerful house with significant responsibilities and control. It holds the Council of Ministers accountable and dominates in the introduction and passage of bills. It controls the financial aspects of the state and has the authority to remove the Ministry. The Lok Sabha's role in decision-making and executive control makes it a crucial institution in India's political system.
 

Rajya Sabha

The Rajya Sabha, also known as the Council of States, serves as the Upper House of the Union Parliament. It represents the various states of India, although not all states have equal representation. The number of representatives allocated to each state is determined based on their population size.

 I. Composition of the Rajya Sabha: The Rajya Sabha has a maximum strength of 250 members, with 238 representing the States and 12 members nominated by the President for their achievements in art, literature, science, or social services. Currently, the Rajya Sabha has 245 members, 233 elected and 12 nominated. Each State Legislative Assembly collectively elects their allotted number of MPs for the Rajya Sabha, while the President nominates 12 MPs. Odisha holds 10 seats in the Rajya Sabha.
 

 II. Method of Election: Members of the Rajya Sabha are indirectly elected by the people. The people of each state elect the members of their state legislative assembly, who then elect the members of the Rajya Sabha using a proportional representation system known as the single transferable vote. Each State Legislative Assembly elects representatives based on the number allocated to them by the Constitution. Odisha Legislative Assembly, for example, with its 147 MLAs, elects 12 Rajya Sabha members.
 

 III. Qualifications for Membership of Rajya Sabha: To become a member of the Rajya Sabha, an individual must be an Indian citizen, at least 30 years old, possess all other qualifications as laid down by Parliament, not hold any office of profit under any government, not be insane or bankrupt, and not have been disqualified under any law of Parliament. Additionally, residency in the concerned state is not essential, allowing individuals from any part of India to contest elections to the Rajya Sabha from any state.
 

 IV. Tenure: The Rajya Sabha is designated as a quasi-permanent House, as it is not susceptible to dissolution as a unit. One-third of its members retire biennially, prompting elections to be conducted in order to replenish the vacant seats. The duration of a Rajya Sabha member's tenure spans six years.
 

 V. Sessions: The President convenes the sessions of the Rajya Sabha, usually alongside the sessions of the Lok Sabha or whenever deemed necessary. However, there cannot be a gap of more than six months between sessions of the Rajya Sabha. In the event of the Lok Sabha being dissolved, the President can call a special session of the Rajya Sabha to approve an emergency declaration.
 

 VI. Quorum for Rajya Sabha Meetings: The quorum for Rajya Sabha meetings is set at 1/10th of its members. This means that at least 1/10th of the members must be present for the House to conduct its work.
 

 VII. Privileges of Members: Members of the Rajya Sabha enjoy several privileges. They have the freedom to express their views in the House without fear of repercussions, as they are protected from legal action for anything said during a session. Members also cannot be arrested for any civil offense during the session or within 40 days before or after. To safeguard these privileges, the Committee on Privileges has been in existence since the establishment of the Rajya Sabha.
 

VIII. Chairman and Deputy Chairman of the Rajya Sabha: The ex-officio Chairman of the Rajya Sabha is the Vice-President of India, who is not a member of the House but presides over its meetings and conducts its proceedings. In the absence of the Vice-President, the Deputy Chairman of the Rajya Sabha, elected by the MPs themselves, assumes the role of presiding over meetings.
 

 Powers and Functions of Rajya Sabha

 1. Legislative Powers: The Rajya Sabha possesses equivalent legislative powers to the Lok Sabha in the process of ordinary law-making. Nevertheless, in the event of an impasse occurring between the two Houses with regards to a bill, the President has the authority to summon a joint session to overcome the deadlock. During this joint session, the Speaker of the Lok Sabha assumes the role of presiding over the proceedings.

 2. Financial Powers: The Rajya Sabha has limited powers in financial matters. Money bills can only be introduced in the Lok Sabha, and if the Rajya Sabha fails to pass a money bill within 14 days, it is deemed to have been passed by Parliament. The Rajya Sabha can propose amendments to a money bill, which the Lok Sabha can accept or reject.

 3. Executive Powers: While the Rajya Sabha cannot remove the Council of Ministers through a vote of no-confidence, its members can exercise control over the ministers through criticism, questioning, and moving adjournment motions. Some ministers can also be taken from the Rajya Sabha. The Prime Minister can also be from the Rajya Sabha if the majority party in the Lok Sabha elects them as their leader.

 4. Amendment Powers: The Rajya Sabha, along with the Lok Sabha, can amend the constitution with a two-thirds majority in each House.

 5.Election Authority: The Rajya Sabha, in conjunction with the Lok Sabha and State Legislative Assemblies, assumes the responsibility of conducting the electoral process for electing the President and the Vice-President of India. Additionally, the Rajya Sabha exercises the authority to elect its own Deputy Chairman.

 6. Judicial Powers: The Rajya Sabha, when acting with the Lok Sabha, can impeach the President, address the removal of a judge, level charges against the Vice-President, and pass resolutions for the removal of certain high officers.

 7. Miscellaneous Powers: The Rajya Sabha and the Lok Sabha jointly perform functions such as approving ordinances, ratifying emergency proclamations, changing jurisdiction of courts, and amending qualifications for Members of Parliament.
 

Position of the Rajya Sabha

The Rajya Sabha holds a unique position, neither as powerful as the Lok Sabha, nor as weak as the British House of Lords. It has significant powers and functions, but ultimately, the Council of Ministers is responsible to the Lok Sabha. Nevertheless, the Rajya Sabha plays a vital role in the legislative process, providing representation to the states and contributing to the functioning of the Union Parliament. Its powers and functions have been utilized in accordance with the Constitution, ensuring its relevance as the second House of Parliament.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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