Article 79 – Constitution of Parliament

Article 79 of the Constitution of India deals with the constitution of Parliament. It establishes the Parliament of India as the Union’s principal legislative body and provides that Parliament consists of the President and two Houses: the Council of States and the House of the People.

Meaning of Article 79

Article 79 provides that there shall be a Parliament for the Union, consisting of:

1. The President;
2. The Council of States (Rajya Sabha); and
3. The House of the People (Lok Sabha).

Therefore, the Indian Parliament is constitutionally a bicameral legislature consisting of two Houses, with the President forming an integral part of Parliament.

Composition of Parliament

The constitutional structure can be represented as:

Parliament of India

→ President

→ Rajya Sabha – Council of States

→ Lok Sabha – House of the People

Both Houses perform important legislative functions, although their powers are not identical in every matter.

President as a Part of Parliament

The President is not a member of either House of Parliament.

However, Article 79 expressly includes the President as a constituent part of Parliament.

This is important because several constitutional functions relating to legislation are performed by the President, including:

• Summoning and proroguing Parliament;
• Addressing Parliament;
• Giving assent to Bills;
• Promulgating Ordinances when Parliament is not in session, under Article 123.

Thus, Parliament is constitutionally composed of the President and the two Houses.

Council of States – Rajya Sabha

The Council of States is commonly known as the Rajya Sabha.

It represents the States and Union Territories at the Union level and forms the Upper House of Parliament.

The detailed provisions relating to its composition are provided under Article 80.

House of the People – Lok Sabha

The House of the People is commonly known as the Lok Sabha.

It is the Lower House of Parliament and directly represents the people of India through elected members.

The composition of the Lok Sabha is dealt with primarily under Article 81.

Bicameral Legislature

Article 79 establishes India’s bicameral parliamentary system.

A bicameral legislature has two Houses.

In India:

• Rajya Sabha → Upper House
• Lok Sabha → Lower House

The bicameral structure provides a system in which legislation can be considered by two separate Houses.

Why Does India Have Two Houses?

The two-House structure serves several purposes.

Representation of States

Rajya Sabha provides representation to the States and Union Territories at the Union level.

Representation of the People

Lok Sabha directly represents the people.

Legislative Deliberation

Bills can be considered and debated in two Houses, allowing additional scrutiny and discussion.

Federal Balance

The existence of the Council of States reflects the federal character of India’s constitutional structure.

Article 79 and Article 80

These provisions should be read together.

Article 79 → Establishes Parliament and its three constitutional components.

Article 80 → Deals with the composition of Rajya Sabha.

Article 79 and Article 81

Similarly:

Article 79 → Constitution of Parliament

Article 81 → Composition of Lok Sabha

Article 79 therefore provides the basic constitutional structure, while Articles 80 and 81 provide details concerning the two Houses.

Article 79 and Article 85

Article 85 deals with the sessions of Parliament, prorogation and dissolution.

Article 79 establishes Parliament, while Article 85 deals with important aspects of its functioning.

Article 79 and Article 93

Article 93 provides for the Speaker and Deputy Speaker of the Lok Sabha.

These provisions demonstrate that the Constitution separately regulates the composition and functioning of Parliament through a series of provisions.

Parliament vs Legislature

The Parliament of India is the Union Legislature.

However, Parliament is constitutionally composed of the President and the two Houses.

Therefore, it is important not to describe Parliament simply as “Lok Sabha and Rajya Sabha.”

The constitutional formulation is:

President + Rajya Sabha + Lok Sabha = Parliament

Is the President a Member of Parliament?

No.

The President is not a member of either House.

However, the President is a constituent part of Parliament under Article 79.

This distinction is important.

Is Rajya Sabha More Powerful Than Lok Sabha?

Neither House is universally superior in every legislative matter.

However, the Lok Sabha has special powers in certain areas, particularly concerning:

• Money Bills;
• Financial matters;
• Confidence in the Council of Ministers.

Rajya Sabha also has important constitutional powers, including certain special powers relating to matters affecting the federal distribution of legislative competence.

Role of Parliament

Parliament performs several major constitutional functions, including:

• Making laws;
• Controlling public finance;
• Discussing matters of public importance;
• Holding the executive accountable;
• Representing citizens and States;
• Participating in constitutional amendment under Article 368.

Article 79 provides the constitutional foundation for this parliamentary structure.

Article 79 at a Glance

Point	Constitutional Position
Article	Article 79
Subject	Constitution of Parliament
Parliament consists of	President + Rajya Sabha + Lok Sabha
Upper House	Rajya Sabha
Lower House	Lok Sabha
Nature	Bicameral legislature
Rajya Sabha composition	Article 80
Lok Sabha composition	Article 81
Sessions of Parliament	Article 85
Speaker and Deputy Speaker	Article 93

Importance of Article 79

1. Establishes Parliament

It constitutionally provides for a Parliament for the Union.

2. Establishes Bicameralism

It recognises two Houses of Parliament.

3. Includes the President

It makes the President a constituent part of Parliament even though the President is not a member of either House.

4. Provides the Basic Legislative Structure

It forms the starting point for understanding the constitutional provisions relating to Parliament.

5. Reflects India’s Federal Structure

The Council of States provides institutional representation for States and Union Territories at the Union level.

Common Confusions

What Does Article 79 Deal With?

It deals with the constitution of Parliament.

How Many Houses Does Parliament Have?

Two:

• Rajya Sabha
• Lok Sabha

Is the President Part of Parliament?

Yes. Article 79 expressly includes the President as a constituent part of Parliament.

Is the President a Member of Rajya Sabha or Lok Sabha?

No.

The President is not a member of either House.

What Is the Other Name for Council of States?

Rajya Sabha.

What Is the Other Name for House of the People?

Lok Sabha.

Is Indian Parliament Bicameral?

Yes.

It consists of two Houses.

Quick Revision

• Article 79 → Constitution of Parliament.
• Parliament consists of the President + Rajya Sabha + Lok Sabha.
• Rajya Sabha → Council of States → Upper House.
• Lok Sabha → House of the People → Lower House.
• India follows a bicameral parliamentary system at the Union level.
• President is a constituent part of Parliament, but is not a member of either House.
• Article 80 → Composition of Rajya Sabha.
• Article 81 → Composition of Lok Sabha.
• Article 85 → Sessions, prorogation and dissolution of Parliament.
• Article 93 → Speaker and Deputy Speaker of Lok Sabha.

Conclusion

Article 79 provides the constitutional foundation for the Parliament of India. It declares that Parliament consists of the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).

The provision establishes India’s bicameral Union legislature and makes clear that, although the President is not a member of either House, the President is constitutionally a part of Parliament.

The key point to remember is:

Article 79 → Parliament consists of the President, Rajya Sabha and Lok Sabha.