सं Samvidhan

The Constitution of India

Article 79

Constitution of Parliament

Why this exists

The framers adopted a bicameral (two-house) Parliament modeled partly on the British Westminster system, wanting one directly elected house representing the people (Lok Sabha) and another representing the states and providing more deliberative, less populist scrutiny (Rajya Sabha). Including the President as part of Parliament reflects the British constitutional tradition where the head of state's assent is essential for a bill to become law, even though the President does not sit or vote in either House.

How courts read it

Courts have generally treated this Article as structural and definitional rather than a source of litigation itself. Judgments discussing parliamentary powers, privileges, or the passage of bills (such as cases on money bills or the President's role in legislation) often start from this Article to establish that 'Parliament' constitutionally includes the President, distinguishing the President's formal legislative role from executive functions performed separately under other Articles.

Common misconceptions
  • Myth: The President is separate from Parliament and just approves what Parliament decides.
    Fact: Article 79 explicitly makes the President part of Parliament, even though the President doesn't sit or vote in the Houses; presidential assent is a constitutional part of the lawmaking process, not an external check.
  • Myth: 'Parliament' only refers to the Lok Sabha and Rajya Sabha.
    Fact: Constitutionally, 'Parliament' is defined by this Article to include the President as well as the two Houses.