Legislature

The Legislature forms a cornerstone of democratic governance, serving as a crucial institution for lawmaking, representation, and accountability. Legislatures, elected by the people, operate at both national and state levels in India, playing a pivotal role in maintaining the democratic structure of the government. In this section, the composition and functioning of legislatures in India, specifically the Parliament and State legislatures, are explored in detail.

Learning Outcomes:

1. Understand the importance of the legislature in a democratic system.
2. Comprehend the functions and powers of the Indian Parliament.
3. Grasp the law-making procedures followed in Parliament.
4. Recognize how the Parliament controls the executive.
5. Learn how Parliament regulates itself to ensure order and discipline.

Why Do We Need a Parliament?

The Parliament is not merely a law-making body; it acts as the central institution of democratic governance, hosting debates, protests, and cooperation between political entities. It helps hold representatives accountable, the essence of representative democracy. However, in many democracies, including India, the executive often overshadows the legislature, as the Cabinet sets governance agendas and carries them out. Yet, even powerful Cabinets must retain a majority in Parliament, ensuring democratic accountability.

1. Parliament’s Role in Democracy: It ensures that elected representatives are accountable to the people, facilitating debate and acting as a representative forum.
2. Cabinet and Parliament: While the executive might dominate policy-making, the Parliament’s power remains integral to a functioning democracy, as even a strong leader must answer to it.
3. Representation and Debate: Parliament remains the most democratic and open forum for debate, with representatives from various regions and social groups.
4. Power to Dismiss Governments: Parliament has the authority to choose or dismiss governments, a fundamental check on executive power.

Why Do We Need Two Houses of Parliament?

India follows a bicameral legislature, with two Houses in the Parliament: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).

1. Bicameral Legislature: This allows for reconsideration of decisions, as every decision taken by one House must be reviewed by the other, ensuring thorough discussion.
2. Representation of Regions: The Rajya Sabha represents states, while the Lok Sabha represents the people directly.
3. Two Approaches to Representation: One option is symmetrical representation, where all parts of the country have equal representation regardless of size, while the other is population-based representation, where more populous regions have more representatives.

Rajya Sabha

The Rajya Sabha is indirectly elected and represents the States. Members are elected by the State Legislative Assemblies and serve six-year terms. The representation is based on population, with more populous states like Uttar Pradesh sending more representatives compared to smaller states like Sikkim.

1. Term and Election Process: Members of Rajya Sabha serve for six years and are re-elected in staggered terms, ensuring the House is never fully dissolved.
2. Nominated Members: The President of India nominates 12 members, chosen for their expertise in fields like literature, science, art, and social service.
3. States’ Representation: Larger states get more seats based on population, with Uttar Pradesh having 31 members, while smaller states like Sikkim have only one seat.

Important Note: The Rajya Sabha, being a permanent House, continues to function even if the Lok Sabha is dissolved, ensuring that urgent matters can still be discussed and addressed.

Lok Sabha

The Lok Sabha is directly elected by the people. Constituencies across the country are divided based on equal population, and each constituency elects one representative through universal adult suffrage.

1. Term and Dissolution: The Lok Sabha has a maximum term of five years, although it can be dissolved earlier if no party can form a government or upon the Prime Minister’s advice to the President.
2. Constituency System: India is divided into 543 constituencies, each electing one member. This system ensures equal representation based on population.

What Does the Parliament Do?

The Parliament of India has various functions beyond lawmaking. These include controlling the executive, approving financial matters, and representing the diverse voices of India.

1. Legislative Function: The primary function of Parliament is to enact laws for the country. Though the Parliament passes laws, drafting is often done by the bureaucracy under the supervision of the concerned ministry.
2. Control of Executive: Parliament ensures that the executive remains accountable and does not exceed its powers. This control is exercised through mechanisms like questions during sessions.
3. Financial Function: Parliament controls government spending through the approval of taxes and budgets. It ensures that the government does not overspend.
4. Representation: As a representative body, Parliament reflects the views and concerns of various regional, social, and economic groups.
5. Debating Function: Parliament serves as the highest forum of debate, ensuring that issues of national importance are thoroughly discussed.
6. Constituent Function: The Parliament can amend the Constitution, with both Houses needing to approve constitutional amendments.
7. Electoral Functions: Parliament elects the President and Vice President of India.
8. Judicial Functions: Parliament considers the removal of key officials like the President, Vice President, and judges.

Powers of Rajya Sabha vs Lok Sabha

In a bicameral system, both Houses share some powers but differ in several key aspects.

1. Rajya Sabha Powers: Approves non-money bills, suggests amendments to money bills, and participates in constitutional amendments. It also participates in the election and removal of the President and Vice President.
2. Lok Sabha Powers: Has exclusive powers to introduce and pass money bills, approve taxation proposals, and control the executive by initiating no-confidence motions.
3. Special Powers of Rajya Sabha: If a matter on the State List needs to be shifted to the Union List, the Rajya Sabha’s approval is required.

How Does Parliament Make Laws?

The process of law-making follows specific steps, with a bill being the draft of the proposed law. There are various types of bills, including Government Bills, Private Member’s Bills, Money Bills, and Constitutional Amendment Bills.

1. Introduction of Bill: A bill can be introduced in either House (except for money bills, which must be introduced in Lok Sabha).
2. Committee Stage: Bills are often referred to committees, which review and suggest amendments before returning the bill for final discussion.
3. Voting and Passage: Once a bill is passed in one House, it is sent to the other House for approval. If disagreements arise, a joint session may be called.
4. Presidential Assent: After both Houses pass the bill, it goes to the President, who either approves or sends it back for reconsideration.

Important Note: The Rajya Sabha can delay money bills but cannot reject them. If the Rajya Sabha does not act within 14 days, the bill is considered passed.

How Does Parliament Control the Executive?

In a parliamentary democracy, the executive is drawn from the majority in Lok Sabha, but it is crucial that the Parliament controls its actions to prevent misuse of power.

1. Instruments of Control: These include deliberation during question hours, discussion of bills, approval of laws, and financial oversight.
2. Question Hour: One of the most effective methods for controlling the executive, where Ministers must respond to questions posed by members.
3. Financial Control: Parliament exercises control over government spending through the approval of budgets and the examination of reports by the Comptroller and Auditor General.
4. No Confidence Motion: The Lok Sabha can remove the government by passing a no-confidence motion.

Parliamentary Committees

Committees play a key role in law-making and overseeing government activities. India has developed a system of standing committees to scrutinize bills, budget proposals, and government expenditure.

1. Standing Committees: Focus on specific departments and play a role in supervising government activities.
2. Joint Parliamentary Committees (JPCs): Created to investigate financial irregularities or discuss specific bills. JPCs consist of members from both Houses.

How Does the Parliament Regulate Itself?

Order and discipline are essential for the Parliament to function effectively. The **presiding officers

** ensure the smooth conduct of sessions.

1. Anti-Defection Law: The 52nd Amendment prevents elected members from defecting to another party. Defection results in the loss of membership and disqualification from holding any political office.

Important Note: The anti-defection law has empowered party leadership and presiding officers, but it has also curtailed the independence of individual legislators.

MCQ:
The Rajya Sabha cannot:
a) Initiate a money bill
b) Suggest amendments to a money bill
c) Propose constitutional amendments
Answer: a) Initiate a money bill