Parliament:
The Parliament is the legislative organ of the Union
government. It occupies a pre-eminent and central position
in the Indian democratic political system due to adoption of
the parliamentary form of government, also known as
‘Westminster’ model of government.
Articles 79 to 122 in Part V of the Constitution deal with the
organisation, composition, duration, officers, procedures,
privileges, powers and so on of the Parliament.
ORGANISATION OF PARLIAMENT:
Under the Constitution, the Parliament of India consists of three
parts viz, the President, the Council of States and the House of
the People. In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok
Sabha’ were adopted by the Council of States and the House of
People respectively. The Rajya Sabha is the Upper House
(Second Chamber or House of Elders) and the Lok Sabha is the
Lower House (First Chamber or Popular House). The former
represents the states and union territories of the Indian Union,
while the latter represents the people of India as a whole.
Though the President of India is not a member of either House
of Parliament and does not sit in the Parliament to attend its
meetings, he is an integral part of the Parliament. This is because
a bill passed by both the Houses of Parliament cannot become
law without the President’s assent. He also performs certain
functions relating to the proceedings of the Parliament, for
example, he summons and pro-rogues both the Houses, dissolves
the Lok Sabha, addresses both the Houses, issues ordinances
when they are not in session, and so on.
In this respect, the framers of the Indian Constitution relied on
the British pattern rather than the American pattern. In Britain, the
Parliament consists of the Crown (King or Queen), the House of
Lords (Upper House) and the House of Commons (Lower House).
By contrast, the American president is not an integral part of the
legislature. In USA, the legislature, which is known as Congress,
consists of the Senate (Upper House) and the House of
Representatives (Lower House).
The parliamentary form of government emphasises on the
interdependence between the legislative and executive organs.
Hence, we have the ‘President-in-Parliament’ like the ‘Crown-in-
Parliament’ in Britain. The presidential form of government, on the
other hand, lays stress on the separation of legislative and
executive organs. Hence, the American president is not regarded
as a constituent part of the Congress.
COMPOSITION OF THE TWO HOUSES:
Composition of Rajya Sabha:
The maximum strength of the Rajya Sabha is fixed at 250, out of
which, 238 are to be the representatives of the states and union
territories (elected indirectly) and 12 are nominated by the
president.
At present, the Rajya Sabha has 245 members. Of these, 229
members represent the states, 4 members represent the union
territories and 12 members are nominated by the president.
The Fourth Schedule of the Constitution deals with the
allocation of seats in the Rajya Sabha to the states and union
territories2 .
1, Representation of States:
The representatives of states in the Rajya Sabha are elected by
the elected members of state legislative assemblies. The election
is held in accordance with the system of proportional
representation by means of the single transferable vote. The seats
are allotted to the states in the Rajya Sabha on the basis of
population. Hence, the number of representatives varies from
state to state. For example, Uttar Pradesh has 31 members while
Tripura has 1 member only. However, in USA, all states are given
equal representation in the Senate irrespective of their population.
USA has 50 states and the Senate has 100 members–2 from
each state.
2, Representation of Union Territories:
The representatives of each union territory in the Rajya Sabha are
indirectly elected by members of an electoral college specially
constituted for the purpose. This election is also held in
accordance with the system of proportional representation by
means of the single transferable vote. Out of the nine union
territories, only three (Delhi, Puducherry and Jammu & Kashmir)
have representation in Rajya Sabha. The populations of other six
union territories are too small to have any representative in the
Rajya Sabha.
3, Nominated Members:
The president nominates 12 members to the Rajya Sabha from
people who have special knowledge or practical experience in art,
literature, science and social service. The rationale behind this
principle of nomination is to provide eminent persons a place in
the Rajya Sabha without going through the process of election. It
should be noted here that the American Senate has no nominated
members.
Composition of Lok Sabha:
The maximum strength of the Lok Sabha is fixed at 552, Out of
this, 530 members are to be the representatives of the states, 20
members are to be the representatives of the union territories and
2 members are to be nominated by the president from the Anglo-
Indian community3 .
At present, the Lok Sabha has 545 members. Of these, 530
members represent the states, 13 members represent the union
territories and 2 Anglo-Indian members are nominated by the
President4 .
1, Representation of States:
The representatives of states in the Lok Sabha are directly elected
by the people from the territorial constituencies in the states. The
election is based on the principle of universal adult franchise.
Every Indian citizen who is above 18 years of age and who is not
disqualified under the provisions of the Constitution or any law is
eligible to vote at such election. The voting age was reduced from
21 to 18 years by the 61st Constitutional Amendment Act, 1988,
2, Representation of Union Territories:
The Constitution has empowered the Parliament to prescribe the
manner of choosing the representatives of the union territories in
the Lok Sabha. Accordingly, the Parliament has enacted the
Union Territories (Direct Election to the House of the People) Act,
1965, by which the members of Lok Sabha from the union
territories are also chosen by direct election.
3, Nominated Members:
The president can nominate two members from the Anglo-Indian
community if the community is not adequately represented in the
Lok Sabha. Originally, this provision was to operate till 1960 but
has been extended till 2020 by the 95th Amendment Act, 2009,
SYSTEM OF ELECTIONS TO LOK SABHA:
The various aspects related to the system of elections to the Lok
Sabha are as follows:
Territorial Constituencies:
For the purpose of holding direct elections to the Lok Sabha, each
state is divided into territorial constituencies. In this respect, the
Constitution makes the following two provisions:
1, Each state is allotted a number of seats in the Lok Sabha in
such a manner that the ratio between that number and its
population is the same for all states. This provision does not
apply to a state having a population of less than six millions.
2, Each state is divided into territorial constituencies in such a
manner that the ratio between the population of each
constituency and the number of seats allotted to it is the
same throughout the state.
In brief, the Constitution ensures that there is uniformity of
representation in two respects: (a) between the different states,
and b) between the different constituencies in the same state.
The expression ‘population’ means the population as
ascertained at the preceding census of which the relevant figures
have been published.
Readjustment after each Census:
After every census, a readjustment is to be made in (a) allocation
of seats in the Lok Sabha to the states, and (b) division of each
state into territorial constituencies. Parliament is empowered to
determine the authority and the manner in which it is to be made.
Accordingly, the Parliament has enacted the Delimitation
Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.
The 42nd Amendment Act of 1976 froze the allocation of seats
in the Lok Sabha to the states and the division of each state into
territorial constituencies till the year 2000 at the 1971 level. This
ban on readjustment was extended for another 25 years (ie, upto
year 2026) by the 84th Amendment Act of 2001, with the same
objective of encouraging population limiting measures.
The 84th Amendment Act of 2001 also empowered the
government to undertake readjustment and rationalisation of
territorial constituencies in the states on the basis of the
population figures of 1991 census. Later, the 87th Amendment Act
of 2003 provided for the delimitation of constituencies on the basis
of 2001 census and not 1991 census. However, this can be done
without altering the number of seats allotted to each state in the
Lok Sabha.
Reservation of Seats for SCs and STs:
Though the Constitution has abandoned the system of communal
representation, it provides for the reservation of seats for
scheduled castes and scheduled tribes in the Lok Sabha on the
basis of population ratios5 .
Originally, this reservation was to operate for ten years (ie, up
to 1960), but it has been extended continuously since then by 10
years each time. Now, under the 95th Amendment Act of 2009,
this reservation is to last until 2020.
Though seats are reserved for scheduled castes and scheduled
tribes, they are elected by all the voters in a constituency, without
any separate electorate. A member of scheduled castes and
scheduled tribes is also not debarred from contesting a general
(non-reserved) seat.
The 84th Amendment Act of 2001 provided for refixing of the
reserved seats on the basis of the population figures of 1991
census as applied to rationalisation of the general seats. Later, the
87th Amendment Act of 2003 provided for the refixing of the
reserved seats on the basis of 2001 census and not 1991 census.
First-Past-The-Post System:
Though the Constitution has adopted the system of proportional
representation in the case of Rajya Sabha, it has not preferred the
same system in the case of Lok Sabha. Instead, it has adopted
the system of territorial representation (First-past-the-post system)
for the election of members to the Lok Sabha.
Under territorial representation, every member of the legislature
represents a geographical area known as a constituency. From
each constituency, only one representative is elected. Hence such
a constituency is known as single-member constituency. In this
system, a candidate who secures majority of votes is declared
elected. This simple majority system of representation does not
represent the whole electorate. In other words, it does not secure
due representation to minorities (small groups).
The system of proportional representation aims at removing the
defects of territorial representation. Under this system, all sections
of the people get representation in proportion to their number.
Even the smallest section of the population gets its due share of
representation in the legislature.
There are two kinds of proportional representation, namely,
single transferable vote system and list system. In India, the first
kind is adopted for the election of members to the Rajya Sabha
and state legislative council and for electing the President and the
Vice-President.
Though some members of the Constituent Assembly had
advocated the system of proportional representation for the
election of members to the Lok Sabha, the Constitution has not
adopted the system due to two reasons.
1, Difficulty for the voters to understand the system (which is
complicated) due to low literacy scale in the country.
2, Unsuitability to the parliamentary government due to the
tendency of the system to multiply political parties leading to
instability in government.
Additionally, the system of proportional representation has the
following demerits:
1, It is highly expensive.
2, It does not give any scope for organising by-elections.
3, It eliminates intimate contacts between voters and
representatives.
4, It promotes minority thinking and group interests.
5, It increases the significance of party system and decreases
that of voter.
DURATION OF TWO HOUSES:
Duration of Rajya Sabha:
The Rajya Sabha (first constituted in 1952) is a continuing
chamber, that is, it is a permanent body and not subject to
dissolution. However, one-third of its members retire every second
year. Their seats are filled up by fresh elections and presidential
nominations at the beginning of every third year. The retiring
members are eligible for re-election and renomination any number
of times.
The Constitution has not fixed the term of office of members of
the Rajya Sabha and left it to the Parliament. Accordingly, the
Parliament in the Representation of the People Act (1951)
provided that the term of office of a member of the Rajya Sabha
shall be six years. The act also empowered the president of India
to curtail the term of members chosen in the first Rajya Sabha. In
the first batch, it was decided by lottery as to who should retire.
Further, the act also authorised the President to make provisions
to govern the order of retirement of the members of the Rajya
Sabha6 .
Duration of Lok Sabha:
Unlike the Rajya Sabha, the Lok Sabha is not a continuing
chamber. Its normal term is five years from the date of its first
meeting after the general elections, after which it automatically
dissolves. However, the President is authorised to dissolve the
Lok Sabha at any time even before the completion of five years
and this cannot be challenged in a court of law.
Further, the term of the Lok Sabha can be extended during the
period of national emergency be a law of Parliament for one year
at a time for any length of time. However, this extension cannot
continue beyond a period of six months after the emergency has
ceased to operate.
MEMBERSHIP OF PARLIAMENT:
Qualifications:
The Constitution lays down the following qualifications for a
person to be chosen a member of the Parliament:
1, He must be a citizen of India.
2, He must make and subscribe to an oath or affirmation
before the person authorised by the election commission for
this purpose. In his oath or affirmation, he swears
(a) To bear true faith and allegiance to the Constitution of
India
(b) To uphold the sovereignty and integrity of India
3, He must be not less than 30 years of age in the case of the
Rajya Sabha and not less than 25 years of age in the case
of the Lok Sabha.
4, He must posses other qualifications prescribed by
Parliament.
The Parliament has laid down the following additional
qualifications in the Representation of People Act (1951).
1, He must be registered as an elector for a parliamentary
constituency. This is same in the case of both, the Rajya
Sabha and the Lok Sabha. The requirement that a candidate
contesting an election to the Rajya Sabha from a particular
state should be an elector in that particular state was
dispensed with in 2003, In 2006, the Supreme Court upheld
the constitutional validity of this change.
2, He must be a member of a scheduled caste or scheduled
tribe in any state or union territory, if he wants to contest a
seat reserved for them. However, a member of scheduled
castes or scheduled tribes can also contest a seat not
reserved for them.
Disqualifications:
Under the Constitution, a person shall be disqualified for being
elected as a member of Parliament:
1, if he holds any office of profit under the Union or state
government (except that of a minister or any other office
exempted by Parliament).8
2, if he is of unsound mind and stands so declared by a court.
3, if he is an undischarged insolvent.
4, if he is not a citizen of India or has voluntarily acquired the
citizenship of a foreign state or is under any
acknowledgement of allegiance to a foreign state; and
5, if he is so disqualified under any law made by Parliament.
The Parliament has laid down the following additional
disqualifications in the Representation of People Act (1951):
1, He must not have been found guilty of certain election
offences or corrupt practices in the elections.
2, He must not have been convicted for any offence resulting in
imprisonment for two or more years. But, the detention of a
person under a preventive detention law is not a
disqualification.
3, He must not have failed to lodge an account of his election
expenses within the time.
4, He must not have any interest in government contracts,
works or services.
5, He must not be a director or managing agent nor hold an
office of profit in a corporation in which the government has
at least 25 per cent share.
6, He must not have been dismissed from government service
for corruption or disloyalty to the State.
7, He must not have been convicted for promoting enmity
between different groups or for the offence of bribery.
8, He must not have been punished for preaching and
practising social crimes such as untouchability, dowry and
sati.
On the question whether a member is subject to any of the
above disqualifications, the president’s decision is final. However,
he should obtain the opinion of the election commission and act
accordingly.
Disqualification on Ground of Defection:
The Constitution also lays down that a person shall be disqualified
from being a member of Parliament if he is so disqualified on the
ground of defection under the provisions of the Tenth Schedule. A
member incurs disqualification under the defection law:
1, if he voluntary gives up the membership of the political party
on whose ticket he is elected to the House;
2, if he votes or abstains from voting in the House contrary to
any direction given by his political party;
3, if any independently elected member joins any political
party; and
4, if any nominated member joins any political party after the
expiry of six months.
The question of disqualification under the Tenth Schedule is
decided by the Chairman in the case of Rajya Sabha and Speaker
in the case of Lok Sabha (and not by the president of India). In
1992, the Supreme Court ruled that the decision of the Chairman/
Speaker in this regard is subject to judicial review.
Vacating of Seats:
In the following cases, a member of Parliament vacates his seat.
1, Double Membership:
A person cannot be a member of both Houses of Parliament at
the same time. Thus, the Representation of People Act (1951)
provides for the following:
(a ) If a person is elected to both the Houses of Parliament, he
must intimate within 10 days in which House he desires to
serve. In default of such intimation, his seat in the Rajya
Sabha becomes vacant.
(b ) If a sitting member of one House is also elected to the other
House, his seat in the first House becomes vacant.
(c) If a person is elected to two seats in a House, he should
exercise his option for one in 14day. Otherwise, both seats become
vacant.
Similarly, a person cannot be a member of both the Parliament
and the state legislature at the same time. If a person is so
elected, his seat in Parliament becomes vacant if he does not
resign his seat in the state legislature within 14 days9 .
2, Disqualification:
If a member of Parliament becomes subject to any of the
disqualifications specified in the Constitution, his seat becomes
vacant. Here, the list of disqualifications also include the
disqualification on the grounds of defection under the provisions of
the Tenth Schedule of the Constitution.
3, Resignation:
A member may resign his seat by writing to the Chairman of Rajya
Sabha or Speaker of Lok Sabha, as the case may be. The seat
falls vacant when the resignation is accepted. However, the
Chairman/ Speaker may not accept the resignation if he is
satisfied that it is not voluntary or genuine.
4, Absence:
A House can declare the seat of a member vacant if he is absent
from all its meetings for a period of sixty days without its
permission. In computing the period of sixty days, no account
shall be taken of any period during which the House is prorogued
or adjourned for more than four consecutive days.
5, Other cases:
A member has to vacate his seat in the Parliament:
(a) if his election is declared void by the court;
(b) if he is expelled by the House;
(c) if he is elected to the office of President or Vice-President;
and
(d) if he is appointed to the office of governor of a state.
If a disqualified person is elected to the Parliament, the
Constitution lays down no procedure to declare the election void.
This matter is dealt by the Representation of the People Act
(1951), which enables the high court to declare an election void if
a disqualified candidate is elected. The aggrieved party can
appeal to the Supreme Court against the order of the high court in
this regard.
Oath or Affirmation:
Every member of either House of Parliament, before taking his
seat in the House, has to make and subscribe to an oath or
affirmation before the President or some person appointed by him
for this purpose. In his oath or affirmation, a member of Parliament
swears:
1, to bear true faith and allegiance to the Constitution of India;
2, to uphold the sovereignty and integrity of India; and
3, to faithfully discharge the duty upon which he is about to
enter.
Unless a member takes the oath, he cannot vote and
participate in the proceedings of the House and does not become
eligible to parliamentary privileges and immunities.
A person is liable to a penalty of 500 for each day he sits or
votes as a member in a House in the following conditions:
1, Before taking and subscribing to the prescribed oath or
affirmation; or
2, When he knows that he is not qualified or that he is
disqualified for its membership; or
3, When he knows that he is prohibited from sitting or voting in
the House by virtue of any parliamentary law.
Salaries and Allowances:
Members of either House of Parliament are entitled to receive
such salaries and allowances as may be determined by
Parliament, and there is no provision of pension in the
Constitution. However, Parliament has provided pension to the
members.
In 1954, the Parliament enacted the Salaries, Allowances and
Pension of Members of Parliament Act. In 2018, the salary of
members was increased from 50,000 to 1,00,000 per month,
the constituency allowance from 45,000 to 70,000 per month
and the office expenses allowance from 45,000 to 60,000 per
month. Earlier in 2010, the daily allowance was increased from
1,000 to 2,000 for each day of residence on duty.
From 1976, the members are also entitled to a pension on a
graduated scale for each five-year-term as members of either
House of Parliament. Besides, they are provided with travelling
facilities, free accommodation, telephone, vehicle advance,
medical facilities and so on.
The salaries and allowances of the Speaker and Deputy
Speaker of Lok Sabha and the Chairman and Deputy Chairman of
Rajya Sabha are also determined by Parliament. They are
charged on the Consolidated Fund of India and thus are not
subject to the annual vote of Parliament.
In 1953, the Parliament enacted the Salaries and Allowances of
Officers of Parliament Act. Under this Act, “Officer of Parliament”
means any of the following officers, namely, the Chairman and
Deputy Chairman of the Rajya Sabha and the Speaker and the
Deputy Speaker of the Lok Sabha. In 2018, the Parliament
increased the salary of the Chairman of the Rajya Sabha from
1,25 lakh to 4 lakh per month. Similarly, other Officers of
Parliament (ie, the Speaker and the Deputy Speaker of the Lok
Sabha and the Deputy Chairman of the Rajya Sabha) are entitled
to receive a salary per month at the same rates as are payable to
the Members of Parliament. Further, each Officer of Parliament
(other than the Chairman of the Rajya Sabha) is entitled to receive
a daily allowance (for each day during the whole of his term) at
the same rate as is payable to the Members of Parliament.Also,
each Officer of Parliament (other than the Chairman of the Rajya
Sabha) is entitled to receive a constituency allowance at the same
rate as is payable to the Members of Parliament.
According to the same Act, the sumptuary allowance is paid to
the Speaker of the Lok Sabha at the same rate as is payable to a
Cabinet Minister (ie, 2,000 per month). Likewise, the
sumptuary allowance is paid to the Deputy Speaker of the Lok
Sabha and the Deputy Chairman of the Rajya Sabha at the same
rate as is payable to a Minister of State9f (ie, 1000 per month).
PRESIDING OFFICERS OF PARLIAMENT:
Each House of Parliament has its own presiding officer. There is a
Speaker and a Deputy Speaker for the Lok Sabha and a
Chairman and a Deputy Chairman for the Rajya Sabha. A panel of
chairpersons for the Lok Sabha and a panel of vice-chairpersons
for the Rajya Sabha is also appointed.
Speaker of Lok Sabha:
Election and Tenure of Speaker of Loksabha:
The Speaker is elected by the Lok Sabha from amongst its
members (as soon as may be, after its first sitting). Whenever the
office of the Speaker falls vacant, the Lok Sabha elects another
member to fill the vacancy. The date of election of the Speaker is
fixed by the President.
Usually, the Speaker remains in office during the life of the Lok
Sabha. However, he has to vacate his office earlier in any of the
following three cases:
1, if he ceases to be a member of the Lok Sabha;
2, if he resigns by writing to the Deputy Speaker; and
3, if he is removed by a resolution passed by a majority of all
then members of the Lok Sabha. Such a resolution can be
moved only after giving 14 days’ advance notice.
When a resolution for the removal of the Speaker is under
consideration of the House, he cannot preside at the sitting of the
House, though he may be present. However, he can speak and
take part in the proceedings of the House at such a time and vote
in the first instance, though not in the case of an equality of votes.
It should be noted here that, whenever the Lok Sabha is
dissolved, the Speaker does not vacate his office and continues
till the newly-elected Lok Sabha meets.
Role, Powers and Functions of speaker:
The Speaker is the head of the Lok Sabha, and its representative.
He is the guardian of powers and privileges of the members, the
House as a whole and its committees. He is the principal
spokesman of the House, and his decision in all Parliamentary
matters is final. He is thus much more than merely the presiding
officer of the Lok Sabha. In these capacities, he is vested with
vast, varied and vital responsibilities and enjoys great honour,
high dignity and supreme authority within the House.
The Speaker of the Lok Sabha derives his powers and duties
from three sources, that is, the Constitution of India, the Rules of
Procedure and Conduct of Business of Lok Sabha, and
Parliamentary Conventions (residuary powers that are unwritten
or unspecified in the Rules). Altogether, he has the following
powers and duties:
1, He maintains order and decorum in the House for
conducting its business and regulating its proceedings. This
is his primary responsibility and he has final power in this
regard.
2, He is the final interpreter of the provisions of (a) the
Constitution of India, (b) the Rules of Procedure and
Conduct of Business of Lok Sabha, and (c) the
parliamentary precedents, within the House.
3, He adjourns the House or suspends the meeting in absence
of a quorum. The quorum to constitute a meeting of the
House is one-tenth of the total strength of the House.
4, He does not vote in the first instance. But he can exercise a
casting vote in the case of a tie. In other words, only when
the House is divided equally on any question, the Speaker is
entitled to vote. Such vote is called casting vote, and its
purpose is to resolve a deadlock.
5, He presides over a joint setting of the two Houses of
Parliament. Such a sitting is summoned by the President to
settle a deadlock between the two Houses on a bill.
6, He can allow a ‘secret’ sitting of the House at the request of
the Leader of the House. When the House sits in secret, no
stranger can be present in the chamber, lobby or galleries
except with the permission of the Speaker.
7, He decides whether a bill is a money bill or not and his
decision on this question is final. When a money bill is
transmitted to the Rajya Sabha for recommendation and
presented to the President for assent, the Speaker endorses
on the bill his certificate that it is a money bill.
8, He decides the questions of disqualification of a member of
the Lok Sabha, arising on the ground of defection under the
provisions of the Tenth Schedule. In 1992, the Supreme
Court ruled that the decision of the Speaker in this regard is
subject to judicial review10 .
9, He acts as the ex-officio chairman of the Indian
Parliamentary Group which is a link between the Parliament
of India and the various parliaments of the world. He also
acts as the ex-officio chairman of the conference of
presiding officers of legislative bodies in the country.
10, He appoints the chairman of all the parliamentary
committees of the Lok Sabha and supervises their
functioning. He himself is the chairman of the Business
Advisory Committee, the Rules Committee and the General
Purpose Committee.
Independence and Impartiality:
As the office of the Speaker is vested with great prestige, position
and authority, independence and impartiality becomes its sine qua
non .
The following provisions ensure the independence and
impartiality of the office of the Speaker:
1, He is provided with a security of tenure. He can be removed
only by a resolution passed by the Lok Sabha by a special
majority (ie, a majority of all the then members of the House)
and not by an ordinary majority (ie, a majority of the
members present and voting in the House). This motion of
removal can be considered and discussed only when it has
the support of at least 50 members.
2, His salaries and allowances are fixed by Parliament. They
are charged on the Consolidated Fund of India and thus are
not subject to the annual vote of Parliament.
3, His work and conduct cannot be discussed and criticised in
the Lok Sabha except on a substantive motion.
4, His powers of regulating procedure or conducting business
or maintaining order in the House are not subject to the
jurisdiction of any Court.
5, He cannot vote in the first instance. He can only exercise a
casting vote in the event of a tie. This makes the position of
Speaker impartial.
6, He is given a very high position in the order of precedence.
He is placed at seventh rank, along with the Chief Justice of
India. This means, he has a higher rank than all cabinet
ministers, except the Prime Minister or Deputy Prime
Minister.
In Britain, the Speaker is strictly a nonparty man. There is a
convention that the Speaker has to resign from his party and
remain politically neutral. This healthy convention is not fully
established in India where the Speaker does not resign from the
membership of his party on his election to the exalted office.
