All You Need To Know About Members Of Parliament
Introduction
A parliament was established under the Indian constitution to serve as the country's legislative body. We achieve our vision of representative democracy in the parliament. Articles 79 to 122 deal with rules for the parliament, such as those pertaining to qualifications, duties, and exclusionary criteria.
Constitutional Provisions Regarding Parliamentary Membership
The following are the various provisions for parliamentary membership as set forth in Articles 79 through 122:
• The makeup of the legislature is outlined in Article 79. According to this, the President, the House of People (Lok Sabha), and the Council of States (Rajya Sabha) make up India's parliament.
• The members of the council of states are listed in Article 80, it allowed for a total of 250 members (238 elected from states and UTs plus 12 nominated by the Indian president).
• The members from the states are chosen indirectly, using the single transferable vote method, by the elected members of the individual state legislative assembly.
Fourth Schedule
• The law enacted by the parliament governs and dictates to the representatives by the UTs.
• The 12 members are chosen by the president from the fields of literature, science, social service, and the arts.
• There are now 245 members of the Rajya Sabha, of which 233 are from states and UTs. (229 plus 4 in that order plus 12 Nominated)
• The interests of the states in our federal democracy are represented by the council of states. According to the population of each state, there is representation. It differs from the US, where each state has an equal number of representatives.
• Rajya Sabha is a house that never changes. It does not disband after five years like the Lok Sabha does.
• Every two years, a third of the membership retires, and the election replaces them with new 1/3rd members.
• If a member is chosen to fill a temporary vacancy, he or she only serves the remainder of the six-year term for that seat.
Lok Sabha's Membership (Article 81)
• The Lok Sabha will have a total of 552 members, according to the constitution. Out of which 530 were nominated by states, 20 by UTs, and 2 by the president from the Anglo-Indian community.
• Through the Universal Adult Franchise process, they are chosen in an open election. First past the post and a single constituency are included in the principles.
House's Term Limit (Article 83)
• According to Article 83 of the Indian Constitution, both chambers of parliament have a fixed term. The Rajya Sabha is the permanent house, whereas Lok Sabha has a five-year term.
Qualifications For Eligibility (Article 84)
The constitution's Article 84 outlines the requirements for becoming a Member of Parliament. The following criteria must be met to qualify:
• S/He must meet the requirements set forth by any statute passed by Parliament for that purpose, including being an Indian citizen, being at least 30 years old, and possessing the other qualities.
Disqualifications Under Article 102
• A member of either House of Parliament may be disqualified under the provisions of Article 102 of the Constitution. The participant will be excluded if:
• Other than the post specified in the statute of parliament, s/he holds a profit-making office (under the Government of India or the Government of any State).
• If a competent court has determined that the person is not of sound mind.
• If s/he is discovered to be an undischarged insolvent, if s/he is not an Indian citizen, if s/he has chosen to become a citizen of another country, if he has pledged his loyalty to another country, or if he is otherwise ineligible due to a law passed by Parliament.
Additional Disqualifying Factors
• If someone is found guilty of using unethical voting procedures.
• If the offender is found guilty of violating certain laws, such as the IPC, the Civil Rights Act of 1955, the UAPA Act of 1967, etc.
• If the defendant is found guilty of a crime carrying a minimum 2-year sentence.
• If the person gets fired from their position with the government.
• If an individual is excluded from the 10th schedule.
• In the event of such disqualification, the President's decision (Article 103) for MPs and the Governor's decision (Article 192) for members of state legislatures are both final.
• Before making any decisions in this regard, the President and Governor must consult the Indian Election Commission.
• High courts have the authority to hear appeals of these disqualifications.
• The following are additional grounds for disqualification listed in Article 101:
• A person must renounce one membership if they are elected as both an MLA and MP. Otherwise, he wouldn't be eligible for either position.
• If s/he hands in his resignation to the presiding officer and leaves his position.
• If s/he misses more than 60 days of proceedings without informing the presiding officer.
The Anti-Defection Law Provisions (10th Schedule)
• A person may not run if they: Voluntarily renounce their party affiliation.
• Refuse to cast a ballot or behave in a way that goes against the wishes of his or her political party.
• After being elected, joins a political party.
• If a nominated member joins another political party after the initial six months have passed.
• According to the 91st Constitution Amendment Act of 2003, if two-thirds of the members of a party switch to another political party, they are not automatically disqualified. (In the past, it was one-third).
• The Speaker's and Chairman's decision in such a case shall be final.
Mps' Authority And Privileges (Articles 105 And 194)
The MPs and MLAs enjoy the following rights and immunities, collectively and individually, to uphold the independence and dignity of the parliament and to efficiently carry out their duties.
1. right to free speech
2. Freedom from Arrest Waiver of Witness Attendance
3. Right to Publish Debates and Proceedings in Collective
4. Right to reject outsiders
5. The ability to punish both insiders and outsiders
6. The law passed by the parliament governs their rights and privileges.
7. The Indian Attorney and Advocate General also enjoy these privileges.
Related Controversies
• The Kerala Legislative Assembly's MLAs are the targets of criminal charges that the Supreme Court has refused to drop. During the budget session in 2015, these MLAs damaged the property at the house.
• Parliamentary privileges are not applicable to crimes, according to the Supreme Court. These do not serve as automatic points of immunity.
• Vandalism is not an essential legislative action, although advantages are available for carrying out those that are.
• Vandalism committed on a residential floor is not equivalent to an opposing party's right to demonstrate.
• According to the Prevention of Damage to Public Property Act of 1984, which is equally applicable to all Indian residents, vandalism is a crime.
• Parliamentarians are obligated to defend India's unity and integrity and to behave in accordance with their constitutional loyalty oath. They have to operate within the boundaries of the public's trust.
• In addition, the use of privileges against the media is another contentious topic.
Conclusion
The face of democracy is represented by the members of parliament. In light of this, the Indian constitution specifies all-inclusive requirements for membership. Political justice for all is ensured by the legal definitions of qualification and disqualification. There are benefits for carrying out legislative business without restriction. These, according to the SC, are not inflexible.