Our Parliament

          The Constitution of India which came into force on 26 January 1950 provides for a bicameral Parliament consisting of the President and the two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

The President

          The President of the Republic is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies (popular Houses) of the States.  Though the President of India is a constituent part of Parliament, he does not sit or participate in the discussions in either of the two  Houses.  There are certain constitutional functions which he has to perform with respect to Parliament.  The President summons and prorogues the two Houses of Parliament from time to time.  While the Rajya Sabha is a continuing body, the power to dissolve the Lok Sabha vests in the President.  His assent is essential for a Bill passed by both Houses of Parliament.  When the Parliament is not in Session and he is satisfied that circumstances exist which render it necessary for him to take immediate action, the President can promulgate Ordinances having the same force and effect as laws passed by Parliament.

The Two Houses of Parliament

Composition and Duration 

Council of States (Rajya Sabha)

        The Rajya Sabha is to consist of not more than 250 members.  Of these, 12 are nominated by the President for their special knowledge or practical experience in such matters as literature, science, art and social service.  The remaining seats are allocated to the various States and Union territories, roughly in proportion to their population; each State is, however, represented by at least one member. The total number of seats in the Rajya Sabha at present is 245, including 12 members nominated by the President.

          The representatives of each State in Rajya Sabha are elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of single transferable vote. The representatives of the Union territories are chosen in such manner as Parliament may by law prescribe.  The minimum age for membership of the House is 30 years.

The allocation of seats in the Rajya Sabha to be filled by the representatives of the States/Union territories is as follows:

Name of the State/Union Territory	Total Number of Seats
1.                  Andhra Pradesh 2.                  Arunachal Pradesh 3.                  Assam 4.                  Bihar 5.                  Chhattisgarh 6.                  Goa 7.                  Gujarat 8.                  Haryana 9.                  Himachal Pradesh 10.              Jammu & Kashmir 11.              Jharkhand 12.              Karnataka 13.              Kerala 14.              Madhya Pradesh 15.              Maharashtra 16.              Manipur 17.              Meghalaya 18.              Mizoram 19.              Nagaland 20.              Orissa 21.              Punjab 22.              Rajasthan 23.              Sikkim 24.              Tamil Nadu 25.              Tripura 26.              Uttaranchal 27.              Uttar Pradesh 28.              West Bengal 29.              The National Capital Territory of   Delhi 30.              Pondicherry 31.             Nominated by the President under (article 80 (1) (a) of theConstitution	18  1  7 16  5  1 11  5  3  4  6 12  9 11 19  1  1  1  1 10  7 10  1 18  1  3 31 16  3 1  12
Total	245

                            

The Rajya Sabha is not subject to dissolution, but as nearly as possible, one-third of its members retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.  The normal term of office of a member of Rajya Sabha is six years from the date of election or nomination.

House of the People (Lok Sabha) 

        The Lok Sabha, as the name itself signifies, 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 – upto 530 members to represent the States, upto 20 members to represent the Union territories and not more than two members of the Anglo-Indian Community to be nominated by the President if, in his opinion, that community is not adequately represented in the House.  The total elective membership of the House 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 qualifying age for membership of the Lok Sabha is 25 years.  The Lok Sabha at present consists of 545 members.  The allocation of seats to the States and the Union territories  is as under:

Name of State/Union Territory	Total Number of Seats
I. States 1.                  Andhra Pradesh 2.                  Arunachal Pradesh 3.                  Assam 4.                  Bihar 5.                  Chhattisgarh 6.                  Goa 7.                  Gujarat 8.                  Haryana 9.                  Himachal Pradesh 10.              Jammu & Kashmir 11.              Jharkhand 12.              Karnataka 13.              Kerala 14.              Madhya Pradesh 15.              Maharashtra 16.              Manipur 17.              Meghalaya 18.              Mizoram 19.              Nagaland 20.              Orissa 21.              Punjab 22.              Rajasthan 23.              Sikkim 24.              Tamil Nadu 25.              Tripura 26.              Uttaranchal 27.              Uttar Pradesh 28.              West Bengal	42 2 14 40 11 2 26 10 4 6 14 28 20 29 48 2 2 1 1 21 13 25 1 39 2 5 80 42
II. Union Territories
1.                  Andaman and Nicobar Islands 2.                  Chandigarh 3.                  Dadra and Nagar Haveli 4.                  Daman and Diu 5.                  The National Capital Territory of Delhi 6.                  Lakshadweep 7.                  Pondicherry 8.                  Anglo-Indians (if nominated by the President under article 331 of the Constitution)	1 1 1 1 7 1 1 2
Total	545

          The 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 operates as 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 exceeding in any case beyond a period of six months after the Proclamation has ceased to operate.

          Following the first General Elections held in the country in 1952, the First Lok Sabha met for the first time on 13 May 1952. The Second Lok Sabha met for the first time on  10 May 1957, the Third Lok Sabha on  16 April 1962, the Fourth Lok Sabha on  16 March  1967, the Fifth Lok Sabha on 19 March 1971, the Sixth Lok Sabha on 25 March 1977, the Seventh Lok Sabha on  21 January 1980, the Eighth Lok Sabha on 15 January 1985, the Ninth Lok Sabha on 18 December 1989, the Tenth Lok Sabha on 9 July 1991, the Eleventh Lok Sabha on 22 May 1996, the Twelfth Lok Sabha on 23 March 1998, the Thirteenth Lok Sabha on 20 October 1999 and Fourteenth Lok Sabha on 2 June, 2004.

Functions  

        The main function of both the Houses is to make laws. Every Bill has to be passed by both the Houses and assented to by the President before it becomes law. The subjects over which Parliament can legislate are the subjects mentioned under the Union List in the Seventh Schedule of the Constitution of India. Broadly speaking, Union subjects are those important subjects which for reasons of convenience, efficiency and security are administered on all-lndia basis. The principal Union subjects are defence, foreign affairs, railways, insurance, communications, currency and coinage, banking, income tax, customs, excise duties, atomic energy, census, etc.

Apart from the wide range of subjects allotted to it in the Seventh Schedule of the Constitution, even in normal times Parliament can, under certain circumstances, assume legislative power over a subject falling within the sphere exclusively reserved for the States.

Further, in times of grave emergency when the security of India or any part thereof is threatened by war or external aggression or armed rebellion, and a Proclamation of Emergency is made by the President, Parliament acquires the power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.  Similarly, in the event of the failure of the constitutional machinery in a State, the powers of the Legislature of that State become exercisable by or under the authority of Parliament. This apart, the Constitution also vests in the Parliament the constituent power or the power to initiate amendment of the Constitution.

          Besides passing laws, Parliament can by means of resolutions, motions for adjournment, discussions, questions addressed by members to Ministers, system of committees, etc., exercise control over the administration of the country and safeguard people's liberties.

Relative Roles

          As between the two Houses, the Lok Sabha has supremacy in financial matters. It is also the House to which the Council of Ministers drawn from both Houses is collectively responsible. 

          On the other hand, the Rajya Sabha has a special role in enabling Parliament to legislate on a State subject if it is necessary in the national interest.  It has a similar  power in regard to the creation of an All-India Service common to the Union and the States.  In other respects, the Constitution proceeds on a theory of equality of status of the two Houses.

          Disagreement between the two Houses on amendments to a Bill may be resolved by both the Houses meeting in a joint sitting where questions are decided by majority vote.  However, this provision of joint sitting does not apply to Money Bills and Constitution Amendment Bills.

The Presiding Officers

          Each House of  Parliament has its own Presiding Officers.  In the Lok Sabha, both the Presiding Officers, i.e. the Speaker and the Deputy Speaker are elected from amongst its members.  In the Rajya Sabha, the Vice-President of India is the ex officio Chairman.  He is elected by the members of an electoral college consisting of the members of both the Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote.  The Deputy Chairman of the Rajya Sabha is, however, elected by the members of the Rajya Sabha from amongst themselves.

Leader of the House

        Each House of  Parliament has a Leader.  The Prime Minister, who is the Leader of the majority party in the Lok Sabha, functions as the Leader of the House in the Lok Sabha except when he is not a member of the Lok Sabha. In the case, when the Prime Minister is not a member of the Lok Sabha, he appoints/nominates a Minister, who is a member of the Lok Sabha,  to be the leader of the House in the Lok Sabha. The senior-most Minister, who is a member of the Rajya Sabha, is appointed by the Prime Minister as the Leader of the House in the Rajya Sabha.

Leader of the Opposition

          Each House of Parliament has a Leader of the Opposition.  The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 defines the term ‘Leader of the Opposition’ as that member of the Rajya Sabha or the Lok Sabha who, for the time being, is the Leader of that House of the Party in Opposition to the Government  having the greatest numerical strength and recognized,  as such, by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha.

Sessions

        Normally, three Sessions of Parliament are held in a year: (i) Budget Session (February-May); (ii) Monsoon Session (July-August); and (iii) Winter Session (November-December).

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Duties to the Clients

A client is entrusting a case with an advocate because of his trust and confidence on him.  In order to honour this trust and confidence the Bar Council of India Rules 11-33 prescribes the following duties as duty to the client.

1. An advocate is bound to accept a case in the courts or tribunals where he is normally practicing.
2. He will not withdraw from a case which he has already accepted without sufficient reasons.  He will not withdraw from the case merely because his fees have not been paid in full.  He will withdraw from a case only after giving a reasonable notice to his client.  After his withdrawal he must refund such part of the fees which is in excess in his hand.
3. He will not accept a case in which he has reason to believe that he will be called as a witness.  If he is already engaged in a case in which he is called as a witness then he should return the case.  But if his retirement will cause irreparable loses to the client then he can continue to appear as a lawyer.
4. He must make full and frank disclosures to his client relating to his connection with the parties and his interest in the controversy which may likely to affect his clients’ interest.
5. He should fearlessly uphold the interest of his client by fair and honourable means without the fear of any unpleasant consequences to himself or to any other person.  He will not refuse to appear for an accused person merely because in his personal opinion the accused has committed the offence.
6. An advocate appearing as a prosecution counsel shall be fair and shall not conduct the prosecution with hostility to the accused to secure conviction.  He should not obstruct the defence counsel in placing the relevant material evidence to prove the innocence of the accused.
7. He will not disclose any matter communicated to him in his professional capacity to any other person without the consent of his client.
8. He will not be a party to fomenting of litigation.
9. He should act at the instructions of his client and not at the instruction of any other person.
10. He will not stipulate a fee depending on the success of the case or agree to share the proceeds of the litigation.
11. He will not buy or agree to share the interest of the litigation.
12. He will not directly or indirectly bid or purchase in his own name or in any other name any property sold in execution of a decree in which he was engaged as a lawyer.
13. He will not adjust fees payable to him by his client against his own personal liability to the client.
14. He will not do anything whereby he abuses or takes advantage of the confidence reposed in him by the client.
15. He should keep regular accounts of the clients money entrusted to him.  The account should show the particulars of the amount received from the client and the expenses incurred for him.
16. He should maintain separate accounts for the amount received for fees and for the expenses.  The amount received for the expense shall not be converted for fees without the consent of the client.
17. Where any amount is received on behalf of the client (either from the court or from any other person) it should be intimated to the client as early as possible.
18. After the proceedings are over, he will take the settled fee from the client’s money in his hand and the balance, if any, should be returned to the client.
19. If the Advocates fee is left unsettled, he shall take a reasonable fee from the client’s money in his hand, after the proceedings are over.
20. A copy of the client’s account shall be furnished to him on demand.
21. He will not convert the client’s money in his hand as loan given to him by the client.
22. He will not lend money to his client for the purpose of any legal proceeding in which he is engaged as lawyer.  But, any amount given to his client in an unanticipated emergency shall not be treated as breach of this duty.
23. An advocate who has advised or prepared the pleadings or appeared for a party in any suit or appeal shall not act, appear or plead for the opposite party.

In addition to the above duties prescribed by the Bar council of India an advocate is expected to perform the following duties also to the client.

1. He will give advice to his client honestly and in good faith.
2. He will prepare the case with due care and skill.
3. He will submit all relevant documents before the court in support of the claim of his client.
4. He should attend the court on every day fixed for hearing of his client’s case.
5. He should return the whole fees received from his client, if he is not in a position to conduct the case.