What are the differences between Lok Sabha and Rajya Sabha?

By Dhruv Kumar|Updated : June 9th, 2021

Lok Sabha is composed of representatives of the people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the constitution is 552, which made up by election up to 530 members to represent the States, up to 20 members to represent the Union Territories and not more than two members of Anglo- Indian Community to be nominated by the Hon’ble President, if, in his/her opinion, that community is not adequately represented in the House.  The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the Population of the State is, so far as practicable, the same for all States.

The Lok Sabha or "House of the People"

Qualifications for being a member of Lok Sabha

  • The qualifying age for membership of Lok Sabha is 25 years.
  • He / She should be a citizen of India.
  • He/ She possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
  • He / She should not be proclaimed criminal i.e. they should not be a convict, a confirmed debtor or otherwise disqualified by law.
  • He / She should have his/ her name in the electoral rolls in any part of the country.

However, a member can be disqualified for being a member of Parliament:

  • If he/ she holds the office of profit
  • If he/she is of unsound mind and stands so declared by the competent court
  • If he/ she is not a citizen of India, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state
  • If he/ she is violating party discipline

Lok Sabha, unless sooner dissolved, continues for five years from the date appointed for its first meeting and the expiration of the period of five years operated as the dissolution of the House. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not extending, in any case, beyond a period of six months after the proclamation has ceased to operate.

Lok Sabha elects one of its own members as its Presiding Officer and he is called the Speaker. He is assisted by the Deputy Speaker who is also elected by Lok Sabha. The conduct of business in Lok Sabha is the responsibility of the Speaker.

The Rajya Sabha or "Council of States"

  • Rajya Sabha is the Upper House of the Parliament of India.
  • The origin of Rajya Sabha can be traced to Montague- Chelmsford Report, 1918. It was established in 1921 for the first time.
  • First Rajya Sabha was convened in 1952 in Independent India.
  • As per Article 80 of the Indian Constitution, the maximum strength of the Rajya Sabha is 250 members - out of which 238 members representing the States and Union Territories, and 12 members nominated by the President.
  • Maximum Seats - Uttar Pradesh (31), Maharashtra (19), Tamil Nadu (18).
  • NCR, Delhi (3) and Puducherry (1) are the only two UTs which have representation in Rajya Sabha
  • Rajya Sabha is a permanent body and is not subject to dissolution.
  • One-third of the members retire every second year and are replaced by newly elected members.
  • Each member is elected for a term of six years.
  • The Vice-President of India is the ex-officio Chairman of Rajya Sabha.
  • The House also elects a Deputy Chairman from among its members. There is also a panel of Vice-Chairman in the Rajya Sabha.
  • The senior minister, who is a member of Rajya Sabha, is appointed by the Prime Minister as Leader of the House.

Qualifications for the member of Rajya Sabha

  • One should be a citizen of India
  • One should be at least 30 years old
  • Be elected by the Legislative Assembly of States and Union Territories by means of single transferable votes through proportional representation.

Limitations

  • Money bills, as defined in the constitution of India Article 110, can only be introduced in Lok Sabha. If Lok Sabha passed a Money Bill and transmitted it to Rajya Sabha, the Rajya Sabha has only 14 days to return the bill with or without amendments.
  • If Rajya Sabha fails to return the bill in 14 days, the bill is deemed to have passed by both Houses. Also, if Lok Sabha rejects any of the amendments proposed by Rajya Sabha, the bill is deemed to have been passed by Houses of Parliament in the form Lok Sabha finally passes it. Hence, Rajya Sabha cannot stall, or amend a money bill without Lok Sabha’s concurrence on the same.

Powers of Rajya Sabha

  • The constitution empowers the Parliament of India to make laws on matters reserved for States. This can only be done if Rajya Sabha first passes a resolution by two-third special majority granting such a power to the Union Parliament. The union government can’t make a law on a matter reserved for stated without authorization from Rajya Sabha.
  • If Rajya Sabha passes a resolution by a majority of not less than two- thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services.

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