Parliament: Lok Sabha

This is also called the Lower House of the parliament. The maximum strength of Lok Sabha is 552. Out of this 530 are the representatives of states directly elected by the people.

20 members are the representatives of Union Territories directly elected by the people.

The remaining 2 members are nominated by the President from the Anglo-Indian community.

Note: The nominated members in the 15^th Lok Sabha are Smt. Ingrid Mcleod and Shri Charles Dias.

Present strength of Loksabha is 545 (530 (states) +13 (UT’S) + 2 (nominated).

All the citizens of India who are above the age of 18 are eligible to vote. Initially, the voting age was fixed at 21. Through the 61^st constitutional amendment this was reduced to 18. 

The provision to nominate Anglo-Indians was to operate until 1960 only. Periodically it has been extended 10 years through the constitutional amendments. 

Now it has been extended up to 2020 through 109^th amendment of the constitution.

=> The number of seats in Lok Sabha must be readjusted after every census. In India, the Census operation is Conducted every 10 years

=>  Accordingly, the Parliament enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.

42^nd Constitutional amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division of each state into territorial constituencies till the year 2000 at the 1971 census level.

84^th Constitutional amendment Act of 2001 it was readjusted and the number of seats in Lok Sabha frozen up to the year 2026.

=> The Constitution provided the reservation of seats for Schedule castes and Scheduled tribes in the Lok Sabha on the basis of population ratio.

=> The term of Lok sabha is 5 years from the date of its first meeting after general elections.

=> The President can dissolve the Lok Sabha at any time before the completion of 5 years. (Mid term election).

=> The term of Lok Sabha can be extended by the Parliament during National Emergency. This is for one year at a time for any length of time.

QUALIFICATIONS:

• Must be a citizen of India.
• Must not less than 25 years of age.
• Must possess other qualifications as prescribed by the Parliament.
• Must be registered as an elector for some parliamentary constituency in India.

The Parliament has laid down additional qualifications in the Representation of Peoples Act of 1951.

DISQUALIFICATIONS (Article 102)

• If holds any office of profit under the Union or State government.
• If the person is of unsound mind and stands so declared by a court.
• If the person is an un-discharged insolvent.
• If the person is not a citizen of Indian or has voluntarily acquired the citizenship of a foreign state.
• If so disqualified under any law made by the Parliament.

With relation to the above disqualification, the decision of the President is final after obtaining the opinion of the election commission.

RESOLUTION FOR REMOVAL OF SPEAKER OR DEPUTY SPEAKER FROM OFFICE: THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN LOK SABHA

The rules pertaining to the resolution for the removal of the Speaker or the Deputy Speaker of the Lok Sabha from his office, under the Rules of Procedure and Conduct of Business in Lok Sabha are given below.

Rule 200: Notice of resolution for removal of Speaker or Deputy Speaker

(1) A member wishing to give notice of a resolution, under clause (c) of Article 94 of the Constitution, for the removal of the Speaker or the Deputy Speaker shall do so in writing to the Secretary-General and shall furnish the full text of such resolution.

(2) On receipt of a notice under sub-rule (1) a motion for leave to move the resolution shall be entered in the list of business in the name of the member concerned, on a day fixed by the Speaker, provided that the day so fixed shall be any day after fourteen days from the date of the receipt of notice of the resolution.

Rule 200A: Admissibility of Resolution

In order that such a resolution may be admissible, it shall satisfy the following conditions, namely:—

(i) it shall be specific with respect to charges;

(ii) it shall be clearly and precisely expressed; and

(iii) it shall not contain arguments, inferences, ironical expressions, imputations or defamatory statements.

Rule 201: Leave of House to move a resolution

(1) Subject to the provisions of article 96 of the Constitution, the Speaker or the Deputy Speaker or such other person as is referred to in clause (2) of Article 95 of the Constitution shall preside when a motion under sub-rule (2) of rule 200 is taken up for consideration.

(2) The member in whose name the motion stands on the list of business shall unless makes a statement conveying unwillingness to move the motion, move the motion when called upon to do so, but in either case no speech shall be permitted at this stage.

(3) The Speaker or the Deputy Speaker or the person presiding, as the case may be, shall thereupon place the motion before the House and shall request those members who are in favour of leave being granted to rise in their places. If not less than fifty members rise accordingly, the Speaker or the Deputy Speaker or the person presiding, as the case may be, shall declare that leave has been granted and that the resolution will be taken upon such day, “not being more than ten days from the date on which leave is asked for”, as the Speaker or the Deputy Speaker or the person presiding, as the case may be, may appoint. If less than fifty members rise, the Speaker or the Deputy Speaker or the person presiding, as the case may be, shall inform that the member has not the leave of the House.

Rule 202 : Inclusion of resolution in the list of business

On the appointed day the resolution shall be included in the list of business.

Rule 202A: Scope of discussion

The discussion on the resolution shall be strictly confined to the charges preferred in the resolution.

Rule 203: Time limit for speeches

Except with the permission of the Speaker or the person presiding, a speech on the resolution shall not exceed fifteen minutes in duration:

Provided that the mover of the resolution when moving the same may speak for such longer time as the Speaker or the person presiding may permit.

Thus, the procedure for the resolution for the removal of the Speaker or the Deputy Speaker of the Lok Sabha is followed as per the above rules and then the resolution is taken up for the voting in the Lok Sabha.

Accordingly, the Speaker or the Deputy Speaker of the Lok Sabha stands removed from his office from the date on which the resolution is so passed by a majority of all the then members of the Lok Sabha.

Please note that a member of the Lok Sabha who is holding office as the Speaker or Deputy Speaker of the Lok Sabha is provided with a security of tenure of his office. He can be removed only by a resolution passed by the House of the People (Lok Sabha) by a special majority (i.e., a majority of all the then members of the House) and not by a simple majority (i.e., a majority of the members present and voting in the House).

COMPOSITION

YEARS OF ELECTION TO LOK SABHA

Out of the 543 MPs elected in 2009, at least 162, or 30%, have criminal cases pending against them. This was more than those elected in 2004 when 128, or 24%, had pending criminal cases.