Article 79 of the Indian Constitution is a foundational provision that defines the structure and composition of the Union Legislature, known as the Parliament of India. It establishes the key components that collectively exercise legislative authority at the national level, setting the stage for the legislative framework of the country.
This article is crucial as it not only names the legislative body but also specifies its constituent parts, highlighting the integration of the executive head (President) into the legislative framework, a feature borrowed from the British Westminster model.
Original Text
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.
Detailed Explanation
Article 79 mandates the establishment of a Parliament for the Union of India. This Parliament is not merely a body of elected representatives but is constitutionally defined as comprising three distinct, yet integrated, components:
- The President: Although the President is the head of the Executive, Article 79 explicitly makes the President a constituent part of the Parliament. This underscores the President’s crucial role in the legislative process. The President’s assent is required for a Bill passed by both Houses to become a law (Article 111). The President also has powers related to summoning, proroguing, and dissolving Parliament (Article 85), and addressing Parliament (Article 86). This integration reflects the Westminster parliamentary system, where the Head of State is part of the legislative authority (e.g., the Crown in the UK Parliament).
- The Council of States (Rajya Sabha): This is one of the two Houses of Parliament. It is commonly known as the Upper House. The Rajya Sabha represents the states and Union Territories of the Union. Its members are primarily elected by the elected members of the Legislative Assemblies of the respective states in accordance with the system of proportional representation by means of the single transferable vote (Article 80). It also has nominated members. Rajya Sabha provides a platform for states to have a say in national legislation, ensuring federal representation in the Union Parliament.
- The House of the People (Lok Sabha): This is the second House of Parliament, commonly known as the Lower House. The Lok Sabha is the popular house, directly representing the people of India. Its members are chosen by direct election from territorial constituencies in the states (Article 81). The Lok Sabha is the primary legislative body in terms of financial matters (Money Bills can only originate here) and is where the Council of Ministers is collectively responsible (Article 75).
Article 79, by stipulating these three components, establishes a bicameral legislature at the Union level, ensuring checks and balances and diverse representation in the legislative process.
Detailed Notes
- Article 79 is located in Part V of the Indian Constitution, which deals with “The Union.”
- It is the very first article in Chapter II of Part V, which is titled “Parliament.”
- Establishes the existence of a “Parliament for the Union” as the supreme legislative body.
- Defines the composition of this Parliament.
- Specifies that the Parliament shall consist of three integral parts:
- The President of India.
- The Council of States (Rajya Sabha).
- The House of the People (Lok Sabha).
- Explicitly includes the President as a component of Parliament, despite the President not being a member of either House.
- Highlights the constitutional position of the President as part of the legislative authority, necessary for the completion of the legislative process (e.g., assent to bills).
- Establishes a bicameral legislative system for the Union.
- Names the two Houses:
- Council of States (Rajya Sabha) - often referred to as the Upper House.
- House of the People (Lok Sabha) - often referred to as the Lower House.
- Rajya Sabha primarily represents the states and Union Territories (indirectly elected/nominated).
- Lok Sabha primarily represents the people directly (directly elected).
- This structure distinguishes the Indian parliamentary system from a purely presidential system where the executive head (President) is separate from the legislature (Congress).
- The legislative power of the Union is vested in this collective body comprising the President, Rajya Sabha, and Lok Sabha.
Additional Comments
- The inclusion of the President in the composition of Parliament reflects the adoption of key features of the British parliamentary system. In the UK, Parliament comprises the Crown, the House of Lords, and the House of Commons.
- This article lays the groundwork for subsequent articles (Articles 80, 81, etc.) that detail the composition, duration, membership qualifications, and powers of the two Houses.
- While Article 79 defines the composition, the functioning and powers of Parliament are elaborated in later articles of Chapter II, Part V.
- The bicameral structure ensures that legislation is debated and scrutinised by two different bodies, providing a check on hasty or ill-considered laws. Rajya Sabha, representing states, also acts as a safeguard for federal principles.
- In contrast to the Union, some state legislatures are unicameral (having only a Legislative Assembly), as permitted by Article 168, while others are bicameral (having a Legislative Council and a Legislative Assembly).
Summary
Article 79 of the Indian Constitution establishes the Parliament for the Union. It specifies that the Parliament is constituted by the President and two Houses, namely the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). This article formally creates India’s bicameral legislature at the central level, incorporating the President as an essential part of the legislative structure alongside the two Houses representing the states/UTs and the people directly, respectively.