1. Structure and Composition of Parliament
– India vs. USA
Anil Pawar
One Year LL.M. Student.
BVDU New Law College,
Pune
2. • Parliament
• Indian Parliament
– Structure
– Tenures
– Qualification for membership
– Presiding officers
• American Parliament
– Structure
– Tenures
– Qualification for membership
– Presiding officers
Content
3. Parliament
• A parliament is a legislative body of government.
• The word Parliament comes from a French word ‘parlement’ which signifies a
place of speaking.
• In mid-14th century, this term is used for the body of people who would meet
to discuss matters of the state.
• By the 15th century, in Britain, it had come to specifically mean the
legislature.
• Parliament is the key link between the common man and the government.
4. Structure of Parliament of India
Indian
parliament
President
Council of States
(Rajya Sabha)
Not more than 250
members
238 representatives
of states and UTs
(IV-schedule)
12 members-
Literature, Science,
Art and Social Service
(President)
House of People
(Lok Sabha)
Not more than 550 or
552 members
530 elected members
of states
20 members from UTs
2 members from
Anglo-Indian
community (President)
5. Tenures of Rajya Sabha and Lok Sabha
Tenures
Council of States (Rajya
Sabha)
Permanent Body
Term of individual
member- 6 yrs.
1/3rd members retires after
every 2nd year
House of People
(Lok Sabha)
Term - 5 years from
commencement of first session
President may dissolve earlier
May be extended for one year
at a time during emergency
6. Qualification for membership of Parliament
Indian parliament
Council of States
(Rajya Sabha)
Citizen of India
Age not less than 30
years
Oath as per form set
out in Third Schedule
House of People
(Lok Sabha)
Citizen of India
Age not less than 25
years
Oath as per form set
out in Third Schedule
Disqualification conditions for membership of parliament
7. Presiding Officers of Parliament
Presiding officers
Council of States
(Rajya Sabha)
Chairman
(Vice-President)
Deputy Chairman
(Member of house)
House of People
(Lok Sabha)
Speaker
Deputy speaker
8. Structure of American Parliament
President
(Non-Integral part)
American parliament
(Congress)
Senate
100 members
2 from each state
(Directly elected)
House of Representatives
435 members
Number of representatives
depends on the population
9. Tenures of American Parliament
American parliament (Congress)
Senate
Permanent body
Serves for 6 years
1/3rd members retire
after every two years
House of Representatives
Serves for 2 years
10. Qualification for membership of Parliament
American parliament
(Congress)
Senate
Not less than 35 years
of age
Must live in the state
they represent
House of
Representatives
Not less than 25 years of
age
Must live in the state
they represent
11. Presiding Officers of Parliament
Presiding officers
Senate
Vice-President
President pro
tempore
(Senior Senator of
majority party)
Chief Justice
House of
Representatives
Speaker
Speaker pro tempore
(Senior member of
same party)
12. Differences between Indian and American
Parliament
Indian
• President is integral part
• In Upper house, state
representation is
population-based
• Members of Rajya Sabha
are indirectly elected
• Member of Lok Sabha and
Rajya Sabha should be
Indian Citizen.
• Term of Lok Sabha is 5 years
• Speaker of Lok Sabha
should be the member of
the house
American
• President is non-integral
part
• In Senate, allocation of
state representation is fixed
• Members of Senate are
directly elected
• Member of Senate and
House of representatives
must live in the state they
represent
• Term of House of
representatives is 2 years
• Speaker of House of
representatives can be non-
member of the house
13. References
1. Dr. J. N. Pandey. Constitutional Law of India. 54th Ed. 2017.
Central Law Agency, Allahabad. pp. 503-512.
2. https://www.toppr.com/guides/legal-aptitude/indian-constitution/indian-
parliament-structure-of-indian-parliament/, accessed on 29/01/2021.