Introduction

The freedom we enjoy today is ours due to the lifelong struggle of our ancestors who fought tooth and nail for it. People from different backgrounds joined the show, inspired by the ideology of freedom, equality and democracy. And as we know the conditions under which people were under the British Raj or colonial rule, the centuries of oppression and oppression of our ancestors made them yearn for freedom, a sense of justice and the ability to say “No” without fear of terrible punishment. The freedom movement changed the situation and brought them hope for a better and brighter future. The nationalists responsible for the movement began to educate people about right and wrong and encouraged them to fight for their rights; began publicly criticizing the colonial government and demanding equal and fair treatment for all whites. Legislation such as the Government of India Act of 1909 allowed Indians some form of elected representation under the British colonial government or commonly known as the British Raj. Established after 1947, the Indian parliament is a sign of people’s hope and faith in the democracy and secularism of the Indian government. The Indian Parliament presents to us the united front of our freedom fighters and reflects the country’s secularism and democracy. The purpose of the constitution and the parliaments formed was to ensure that corruption and other unfavorable conditions do not blind the freedom won through struggle and sacrifice. The idea of ​​”involving the people in the decision-making process and forming the government by giving them the privilege of choosing their own leaders not only made the government favorable to the citizens but also ensured that power and position could not be used by those in power with great importance because it is considered the property of the state because it consists of citizens of the country elected by the people. We know that Lok Sabha elections are usually held every five years so that no government or political authority can fulfill its responsibilities for the welfare of the citizens In short, democracy is the art and science of using the physical, financial and conceptual resources of the country for the common good of all citizens, and the parliament is a political institution that helps the government to achieve the concept of democracy and sovereignty.

Composition of Parliament and Qualification of its Members

Article 79 of the Constitution explains to us the structure of Parliament which consists of the President of India, the Upper House known as the Rajya Sabha and the Lower House known as the Lok Sabha.

President :

The President of our country is the highest form of government in our country and is considered to be the role of an emperor or queen. The President of India is the leader; the first Indian citizen to hold an executive and administrative post in the state. The president of the country is a symbol of the unity, integrity and solidarity of the nation. India’s president could be impeached for “unconstitutional” behavior before his term ends. Eligibility of the President to become the President of the country, a citizen must fulfill the requirements and requirements that he must be a citizen of India and must be 35 years of age. The president cannot be a member of either House, and if he holds any position in the Lok Sabha or Rajya Sabha, he must vacate that position on the first day  of his assumption of office. A candidate must not be employed by a government, state or public authority in an office for profit, and if he is in such a position for profit, he cannot run for president. The president must be a member of the House of Commons or better known as the Lok Sabha.

Impeachment of the President of India:

Impeachment refers to questioning the integrity or legitimacy of someone or something while in office; The charges explain that since the impeachment is known, the term “violation of the constitution” is not defined in the constitution. Either an Indian parliamentary building such as Lok Sabha or Rajya Sabha can raise the office of the president. ¼ of the members of parliament making the accusations must sign the accusations and the president must be given 14 days before the dismissal. A request is sent to the second chamber of the parliament to investigate and verify the accusations against the president, if 2/3 of the accusing deputies approve it. The President has the right to appear in the interrogation room and be represented to present the charges against him. If the proposal is also approved by a 2/3 majority in the second parliament, the president is considered dismissed on the same day. It should be noted here that candidate members who are not currently in office in the parliament can also participate in the impeachment process. However, elected members of state parliaments and the universities of Delhi and Puducherry cannot participate in the impeachment process, although they can vote in presidential elections and impeachment proceedings.

1.Rajya Sabha:

The upper chamber of parliament is called the Rajys Sabha and has a maximum of 250 members. The members of the states and federations form a total of 238 Rajya Sabha members, the remaining 12 are appointed by the President of India from various fields of arts, literature, science and social sciences. Members representing states are elected by state legislatures, while  members representing  union territories are elected by the electoral college in those union territories that do not have parliaments, such as Delhi and Puducherry. Members are elected by one transferable vote according to the principle of proportional representation.

• Qualifications: 

1. to be considered as a representative member of their state or federation, they must meet the requirements and qualifications, be a citizen of India and be at least 30 years of age.
2. He takes an oath or declaration affirming his allegiance to the Constitution of India and undertakes to affirm the sovereignty, solidarity and integrity of India before the authorized persons of the Election Commission.

• Disqualification:

1. He does not have the right to act there, if certain conditions are met; they are if the candidate is ignorant.
2. Applicants must not be insolvent if he/she has ceased to be a citizen of India.
3. If the applicant has been convicted of bribery, has been accused of intergroup enmity or has been convicted of preaching social crimes such as untouchability, dowry or sati.
4. If he or she was in prison for more than 2 years for some crime. If a candidate is removed due to corruption or disloyalty.

2. Lok sabha:

The maximum number of the House is 552 members and no more, of which no more than 530 members are directly elected from the regional offices of the state, and the number of representatives of each state depends on the population of the state and no more. However, 20 are selected from the Union Territories by law and Parliament. The parliament currently blocked a total of 543 members, of which 530 seats were given to states and 13 seats to universities.

•  Qualifications:

1. To be considered a respected representative of the state or federal government, a citizen must meet the needs and requirements. They must be citizens of India and at least 25 years of age.
2. They do not hold any salaried post under the Union or State Governments. They must have no previous criminal record. He must be a voter in all constituencies of the country.
3. He must not be in debt or unable to meet his financial needs. He must be a firm and critical person.
4. He must take an oath to declare his allegiance to the Constitution of India and promise to protect the sovereignty and integrity of India. The applicant has to pay a deposit of Rs.25,000/-.

• Disqualifications: 

1. They are Candidates must not be insolvent if they cease to be citizens of India If the candidates are mentally challenged
2. If the candidate has been convicted of bribery, has been accused of enmity between different groups or was judged for social in crimes like immunity, dowry or sati etc.
3. If the applicant has been sentenced to more than 2 years of imprisonment for a crime. If an applicant is rejected for corruption or disloyalty to the country.

Procedure for making laws

Both the Lok Sabha and the Rajya Sabha must be present for a bill to become law or be considered. Before a bill becomes law in India, it has to go through rigorous procedural steps. The process of approval of the draft starts again with a proposal in both chambers of the parliament. The Member of Parliament either prepares a new law or proposes to change existing laws. The draft is then submitted to the relevant ministry for review and approval. Once a bill is passed, it requires a majority vote in parliament, after which the bill is introduced in either the Lok Sabha or the Rajya Sabha, depending on the type of bill being introduced. For example, money has to be introduced in the Lok Sabha, while other bills can be introduced in both houses.

First reading: In the first reading of the bill, it is presented either by members of parliament or by ministers. A minister or member of the parliament gives an explanation of its objectives, name and main features. There is no debate or vote at this time. The draft is published in the Gazette before it is sent.

Second reading:  In the second reading, the bill goes through several stages, for example; below are the four actions Parliament can take on the bill at this second reading.

General discussion stage:

• The draft is discussed on the same day or time is fixed for this discussion. To understand the purpose of the bill, the bill can be referred to a special committee consisting of members of the house where the bill was introduced.
• It can be send to the proposal to a joint committee consisting of members of both chambers. Members of parliament will discuss and debate its provisions to gain a useful understanding of this bill. The assembled commission can then send the bill out for public comment.
• After the draft is revised, it may be amended or an additional clause or clause may be added to help fulfill its social purpose.
• This stage involves discussion rounds where the member of parliament discusses the pros and cons of the bill in detail and concludes whether the bill is suitable for the current scenarios of the country or not. This is an opportunity for MPs to express their views and concerns about the bill.

Procedural stage:

• Parliament, after receiving the aforementioned proposal from the selected committee member after thorough consideration, considers the provisions of the bill or the justification clause clause by clause to see the longevity of the bill as enforceable law.
• Each point and paragraph of the bill will be discussed and voted on separately to avoid possible misuse or confusion in the future. Members can also suggest a desired change with appropriate justifications and explanations and  its importance, and if approve by other members or by a majority, the change becomes part of the project. The process that allows bills to be debated in parliament

Committee stage:

• After the general debate stage, the bill moves to the committee stage. A select group of committee members review the bill thoroughly and in detail, sentence by sentence, to ensure that the bill helps citizens and the government.
• The committee is created to focus on those small or important provisions that clarify the bill and make it a better law for the future and to change its provisions, but to make sure that these changes do not change the main idea behind the bills introduction.
• After review and discussion, the commission returns the bill to the parliament to ensure that the parliament receives a large majority of votes to pass the bill across the country.

Third reading and voting:

The Parliament receives the final proposal at the third reading, when MPs vote on the proposal. If the bill receives a majority vote, the bill is approved and considered approved by the House, otherwise it is considered rejected. The bill is considered to have been approved by the Parliament only when both chambers of the Parliament have approved the basic provision of the bill with or without changes and approved its execution by law.

Proposal in the Second Chamber of Parliament:

The first three stages that are said to be followed by the first house in the parliament where the bill was introduced is said to be i.e.:

First Reading

Second Reading

Third Reading

The second house where the bill arrives for discussion and acceptance can take one of the four actions with regards to it:

• The chamber can accept the proposal in the form sent by the first chamber or if changes were made to the original proposal before the meeting.
• The house has the privilege of sending it back or sending it back to the first house for reconsideration.
• Parliament can leave the draft for consideration without taking any related actions or reject it completely.
• If the house that presented the other bill does not seem to take any action for 6 months or more, then due to the appearance of deadlock, a hearing is called on the matter, which is called by the president of the house.

Acceptance by the president:

The president has the right to approve a bill and turn it into an official order or law. If he is dissatisfied with the bill or feels the need to rectify the contents he has the right to reject the bill and suspend its sanction, ask for a restudy where the houses also have the right where they can send it back to the president with or without changes, after which the president must give his assent/acceptance.

References

• Lok Sabha – Important Insights for UPSC Examination; https://testbook.com/ias-preparation/lok-sabha-upsc-notes
• COMPOSITION OF PARLIAMENT; https://www.shomish.com/study-materials.php/composition-of-parliament
• Dhruv Vatsyayan; The Parliament of India Under Indian Constitution; https://blog.ipleaders.in/the-parliament/
• Chapter 3 Why Do We Need a Parliament.pdf; https://ceodelhi.gov.in/eLearningv2/admin/EnglishPDF/Chapter%203%20Why%20Do-%20We%20Need%20a%20Parliament.pdf
• How a Bill is Passed in Indian Parliament: Detailed Procedure For UPSC; https://testbook.com/ias-preparation/how-a-bill-is-passed-in-indian-parliament#:~:text=A%20Member%20of%20Parliament%20(MP,and%20Third%20Reading%20and%20Vo-ting%20.
• How a Bill is Passed in Indian Parliament- types and stages of the bill; https://byjus.com/free-ias-prep/how-a-bill-is-passed-in-indian-parliament/
• Impeachment of President in India – Grounds & Procedure For Impeachment, Its Impact and More; https://testbook.com/ias-preparation/impeachment-of-president-in-india#:~:text=The%20impeachment%20of%20President%20in,believes%20them%20to%20be%20genuine.
• Impeachment of the President of India; https://unacademy.com/content/clat/study-material/legal-reasoning/impeachment-of-the-president-of-india/