Article 79 of the Costitution of India with Case law
📘 Article 79 of the Constitution of India
Title: Constitution of Parliament
🔹 Text of Article 79:
“There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the Council of States and the House of the People.”
🏛️ Explanation:
Article 79 formally establishes the Parliament of India, which includes:
The President of India
The Rajya Sabha (Council of States) – Upper House
The Lok Sabha (House of the People) – Lower House
👉 Even though the President is not a member of either House, the President is an integral part of the Parliament because no bill becomes law without the President’s assent under Article 111.
📌 Key Features:
India follows a bicameral legislature at the Union level.
The President’s role in Parliament is formal and constitutional, not deliberative.
This Article is the starting point for understanding the structure and powers of Parliament (Part V, Chapter II).
⚖️ Important Case Laws on Article 79:
1. Keshav Singh's Case (Special Reference No. 1 of 1964)
Facts: Concerned the power of the Legislature and its privilege over a citizen.
Observation: The President, Rajya Sabha, and Lok Sabha together form the Parliament as per Article 79.
Importance: Clarified that Parliament is not complete without the President, even though the President does not sit in either House.
2. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184
Facts: Related to the expulsion of MPs in the cash-for-query scam.
Relevance: Reinforced the constitutional structure of Parliament under Article 79 and the authority it holds.
Held: Parliament’s powers are broad but must be exercised within the constitutional framework.
3. Shamsher Singh v. State of Punjab (1974) 2 SCC 831
Facts: Questioned the extent of the President’s powers.
Relevance to Article 79: Supreme Court clarified that while the President is part of Parliament, actual powers are exercised on the aid and advice of the Council of Ministers.
📌 Associated Articles:
Article 80: Composition of Rajya Sabha
Article 81: Composition of Lok Sabha
Article 85: Sessions of Parliament
Article 111: Assent to Bills by the President
✅ Summary:
Article 79 constitutes the Parliament as a three-part body: the President, Rajya Sabha, and Lok Sabha.
It ensures a check-and-balance system between executive and legislature.
The President’s role, though indirect, is essential for legislative procedure.
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