LEGISLATURE
Need of Parliament
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● awmakingis one of the functions of the legislature.
● It is thecenter of all democratic political processesand is packed with action;
walkouts, protests, demonstrations, unanimity, concern, and cooperation.
● It alsohelps people in holding the representativesaccountable.
● It is recognized as one of themost democratic andopen forums of debate.
● It is themost representativeof all organs of government.
● It isvested with the power to choose and dismissthe government.
Parliament
● ‘Parliament’ refers to the national legislatureandthe legislature of the States is
described as the State legislature.
● Bicameral Legislaturemeans Legislature having twoHouses.
● Bicameral legislature:TheParliament in India hastwo Houses:
● The Council of Statesorthe Rajya Sabha
● The House of the Peopleorthe Lok Sabha.
● For States:TheConstitutionhasgiven the Statesthe option of establishing
either a unicameral or bicameral legislature. At presentonly six States have a
bicameral legislature.
● They are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh.
Need of Two Houses of Parliament
● T o give representation to all sections:It is usedby countries with large size and
much diversity.
● To giverepresentation to all geographical regionsorparts of the country.
● To ensure double check for every decision:Every decisiontaken by one House
goes to the other House for its decision so that every bill and policy would be
discussed twice.
Rajya Sabha
➔
B ase of representation: It represents the States ofIndia.
➔ Indirectly elected body: The elected members of theState Legislative Assembly
elect the members of theRajya Sabha.
➔ Two different principles of representation:
◆ Symmetrical representation:To give equal representationto all the parts of
the country irrespective of their size or population.
◆ Representation to parts of the country according to their population:
Regions or parts having larger populationhavemorerepresentatives in
the second chamber.So, States with larger populationget more
r epresentatives than States with smaller population. For example, InIndia,
we follow the second type of system whererepresentationis given
according to the size and population of the state.Thus, a more populous
state like UP sends 31 members while a state like Sikkim has 1 seat in the
Rajya Sabha.
Election to Rajya Sabha
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● embers of the Rajya Sabha areelected for a termof six years.
● They canget re-elected.
● Rajya Sabha is never fully dissolved:
● Tenure:All members of the Rajya Sabha do not completetheir terms at the
same time.
● Permanent House of the Parliament:Every two years,one-third members
of the Rajya Sabha complete their term,andelectionsare held for those
one-third seats only.
● Advantage:The meeting of the Rajya Sabha can be calledfor conducting
urgent business even when the Lok Sabha is dissolved, and elections are yet
to take place.
● There are245 seatsin the Rajya Sabha, of which12are nominatedand233
are elected.
● ThePresident nominates these 12 members.
● These nominations are made from among those persons who have made
their mark in the fields ofliterature, science, art,and social service.
Lok Sabha
● Election:
● The Lok Sabha and the State Legislative Assemblies aredirectly elected by
the people.
● For elections:The entire country (State, in the caseof the State Legislative
Assembly)is divided into territorial constituenciesof roughly equal
population.
● One representative is electedfromeach constituencythroughuniversal
adult suffrage.
● At present,there are 543 constituencieswhich havenot changed since
the 1971 census.
● Tenure
● The Lok Sabha iselected for a period of five years.
● Itcan be dissolvedbefore the completion of fiveyearsif no party or
coalition can form the governmentorif the PrimeMinister advises the
President to dissolve the Lok Sabhaand hold freshelections.
Functions of Parliament
1. Legislative Functions:
● Itenacts legislationsfor the country, but it often merely approves legislation.
● The actual task ofdrafting the bill is performedby the bureaucracyunder
thesupervision of the Ministerconcerned.
● Thesubstanceand even thetiming of the billaredecided by theCabinet.
● No major bill is introduced in the Parliament without the approval of the
Cabinet.
● Members other than ministerscan alsointroduce bills,but these haveno
chance of being passed without the supportof thegovernment.
2. Control of Executive and ensuring its accountability:
● It ensures that theexecutive does not overstep itsauthorityand remains
responsible to the people who have elected them.
3. Financial Functions:
● Controls taxation and the way of using money by the government:If the
Government of India proposes to introduce any new tax, it has to get the
approval of the Lok Sabha.
● The financial powers of the Parliament involvesgrantof resources to the
governmentto implement its programmes.
● The government has to give an account to the legislature about the money it
has spent and resources that it wishes to raise.
● Ensuring government does not misspend or overspend:This is done
through thebudgetandannual financial statements.
4. Representation:
● Parliamentrepresents the divergent views of membersfrom different
regional, social, economic, religious groups of different parts of the country.
5. Debating Function:
● Highest forum of debate in the country: There is nolimitation on its power
of discussion. Members are free to speak on any matter without fear which
makes it possible for the Parliament to analyse any or every issue that faces
the nation.
6. Constituent Function:
● The Parliament has the power of discussing and enacting changes to the
Constitution of India.
● Similar constituent powers: All constitutional amendmentshave to be
approved by a special majority of both Houses.
7. Electoral Function:
● Itelects the President and Vice President of India.
8. Judicial Function:
● It includesconsidering the proposals for removalof President,
Vice-PresidentandJudges of High CourtsandSupremeCourt.
Powers of Lok Sabha and Rajya Sabha
Special Powers of Rajya Sabha
Its purpose is to protect the powers of the States. Therefore,any matter that affects the
Statesmust bereferred to it for its consent andapproval.
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he approval of the Rajya Sabha is necessary if theParliament wishes to remove
a matter from the State listtoeither the Union Listor Concurrent Listin the
interest of the nation.
Powers Exercised only by the Lok Sabha
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● heRajya Sabha cannot initiate, reject or amend moneybills.
● TheCouncil of Ministers is responsible to the LokSabhaand not Rajya Sabha.
Therefore, Rajya Sabha can criticise the government but cannot remove it.
Reasons for Giving Crucial Powers to Lok Sabha
● P eople are the final authority in democracy:Therepresentatives, directly elected
by the people,should have the crucial powersof removingagovernmentand
controlling the finances.
● In all other spheres, including the passing of non-money bills, constitutional
amendments, impeaching the President, and removing the Vice President, the
powers of Lok Sabha and Rajya Sabha are co-equal.
Procedure of Making Laws in Parliament
● A definite procedure is followed in the process of making law.
● Some of the procedures of law-making are mentioned in the Constitution, while some
have evolved from conventions.
Law-making process is technical and even tedious.
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● Billis adraft of the proposed law.
● Different types of Bills:
● Private member’s Bill:When anon-minister proposesa Bill.
● Government Bill:ABill proposed by a Minister.
Different Stages in the Life of a Bill
● Even before a bill is introduced in the Parliament:
● T here may be a lot ofdebate on the need for introducing such a bill.A
political party may pressurise the government to initiate a bill.
● Interest groups, media, and citizens’ forums may also persuade the
government for a particular legislation.
● Lawmaking is thus not merely a legal procedure but also a political course of
action.
During the Preparation of a Bill:
●
● It involvesmany considerationssuch asresourcesrequired to implement
the law,the supportoroppositionthat the bill islikely to produce, etc.
● TheCabinet considers all these before arriving ata decisionto enact a
law.The task of Drafting the Legislation:
■ It begins once the Cabinet approves the policy behind the legislation.
■ Thedraft of any bill is prepared by the concernedministry.
● First Stage of Law aking (Within the Parliament):
■ Abill may be introduced in the Lok Sabha or RajyaSabhaby a
member of the House (but often a Minister responsible for the subject
introduces the bill).
■ Amoney billcan beintroduced only in Lok Sabha.
● Second Stage of Law-making:A large part of thediscussionon the bills
takes place in the committees. The recommendationof the committee is
then sent to the House.Committeesare referred toasminiature
legislatures.
● Third and Final Stage:
■ The bill is voted upon.
■ If a non-money bill is passed by one House, it is sent to the other
House where it goes through exactly the same procedure.
■ A bill has to be passed by both Houses for enactment.
■ Ifthere is a disagreementbetween the two Houseson the proposed
bill, an attempt is made to resolve itthrough a JointSession of
Parliamentwhere usually the decision goes in favourof the Lok
Sabha.
■ Special Procedure in respect of Money Bills:
● Article 109 (1)A Money Bill shallnot be introducedin the
Council of States.
● TheRajya Sabha can either approve the billorsuggest
changesbutcannot reject it.
● Ifit takes no action within 14 days, thebill isdeemed to
have been passed.
● Amendments to the bill, suggested by Rajya Sabha,may or
may not be acceptedby the Lok Sabha.
● When a bill is passed by both Houses, it is sent to the President for his
assent.
● The assent of the President results in the enactment of a bill into a law.
Control on Executive by Parliament:
● In a parliamentary democracy,the executive is drawn from the party or a
coalition of partiesthat has a majority in Lok Sabha.
● It is not difficult for the executiveto exerciseunlimited and arbitrary powerswith
the support of the majority party.
● In such a situation,parliamentary democracy may slipinto Cabinet dictatorship,
where the Cabinet leads and the House merely follows.
● Anactive and vigilant Parliamentcan keep regularand effective check on the
executive.
Parliamentary Privileges
● N o action can be taken against a member for whatever the member may have said in
the legislature. This is known asparliamentary privilege.
● Thepresiding officer of the legislature has the finalpowersin deciding matters
of breach of privilege.
● Purpose:To enable the members of the legislatureto represent the people and
exercise effective control over the executive.
Instruments of Parliamentary Control
he legislature in the parliamentary systemensuresexecutive accountabilityat various
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stages:policy making, implementation of law or policyand during and
post-implementation stage.
Various Devices Used by Legislature
1. Deliberation and Discussion:
● D uring the law-making process: Members of the legislatureget an opportunity to
deliberate on the policy direction of the executive and the ways in which policies are
implemented.
● The control may also be exercised during the general discussions in the House.
● Zero Hour: Members are free to raise any matter thatthey think is important (though
theministers are not bound to reply).
● Question Hour:
○ It isheld every day during the sessionsof ParliamentwhereMinisters
have to respondto searching questions raised by themembers.
○ It is themost effective method of keeping vigilonthe executive and the
administrative agencies of the government. MPs have shown great interest in
Question Hour and maximum attendance is recorded during this time.
○ Itgives the members an opportunity to criticise thegovernmentand
represent the problems of their constituencies.
● Some other instruments are -half-an-hour discussionon matters of public
importance,adjournment motion, etc.
2. Approval and Ratification of Laws
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● bill can become a lawonlywith the approval ofthe Parliament.
● A government that has thesupport of a disciplinedmajoritymay not find it difficult
to get the approval of the Legislature. Such approvals however,cannot be taken for
granted. They are the products ofintense bargainingand negotiationsamongst
the members of ruling party or coalition of parties and even government and
opposition.
● If the government has majority in Lok Sabha but not in the Rajya Sabha, the
government will be forced to make substantial concessions to gain the approval of
both the Houses.
Many bills, such as the Lok Pal Bill have failed enactment, Prevention of Terrorism
●
bill (2002) was rejected by the Rajya Sabha.
3. Financial Control
● F inancial resources to implement the government programmes aregranted through
the Budget.
● Preparation and presentation of budgetfor the approvalof the legislature is
constitutional obligation of the government.Thisobligation allows the legislature
to exercise control over the purse strings of the government.
● Thelegislature may refuse to grant resources to thegovernment.(This seldom
happens because the government ordinarily enjoys support of the majority in the
parliamentary system)
● Before granting money,the Lok Sabha can discuss thereasonsfor which the
government requires money.
● It canenquire into cases of misuse of fundson thebasis of the report of the
Comptroller and Auditor General and Public Accounts committees.
● Through financial control, thelegislature controlsthe policy of the government.
4. No Confidence Motion
● It is themost powerful weaponthat enables the Parliamentto ensure executive
accountability.
● Governments areforced to resigndue to lack of confidenceof the House.
● The power of the House to dismiss the government is fictional rather than real till the
governments has majority in the Lok Sabha.
hus, the Parliament can effectively control the executive and ensure a more responsive
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government.
Decline of Parliament
● In the last two decades, there has been agradualdecline in sessions of the Lok
Sabha and State Legislative Assembliesand time spenton debates.
● The Houses of the Parliament have beenplagued bythe absence of quorum and
boycott of sessions by the oppositionwhich deprivethe House of the power to
control the executive through discussion.
Committees of Parliament
Need
● T hey play avital role not merely in law making, butalso in the day-to-day
businessof the House.
● Limited time with the Parliament:As the Parliamentmeets only during sessions.
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he making of lawrequires in-depth study of the issueunder consideration. This
in turn demands more attention and time.
Functions Performed by Parliamentary Committees
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● tudying the demands for grantsmade by various ministries.
● Looking into expenditure incurredby various departments.
● Investigating cases of corruption.
Since 1983, India has developed a system ofparliamentarystanding committees.
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● here areover twenty such departmentally relatedcommittees.
● Standing Committeessupervisethe work ofvariousdepartments,their budget,
their expenditureand bills that come up in the Houserelating to the department.
Joint Parliamentary Committees (JPCs)
● T hey can beset upfor thepurpose of discussing aparticular bill, like the joint
committee to discuss bill, or for the purpose of investigating financial irregularities.
● Membersof these committees are selected frombothHouses.
Importance
● T he committee system hasreduced the burden on theParliament. The Parliament
has merely approved the work done in the committees with few occasional
alterations.
● Many important billshave beenreferred to committees.
● No bill can become law, and no budget will be sanctioned unless approved by the
Parliament. But theParliament rarely rejects thesuggestionsmade by the
committees.
Regulation of Parliament by itself
● P arliament as debating forum:It is through debatesthat the parliament performs
all its vital functions which must be meaningful and orderly so that the functions of the
Parliament are carried out smoothly and its dignity is intact.
● The Constitution itself has madecertain provisionsto ensure smooth conduct of
business.
● Thepresiding officerof the legislature is thefinalauthorityin matters of regulating
the business of the legislature.
● Other wayto control the behaviour of members isantidefection law.
Anti-defection law
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here was an agreement among the parties that a legislator who is elected on one
party’s ticket must be restricted from ‘defecting’ to another party.
● C onstitutional Amendment (52nd Amendment Act) in 1985:This is known as
anti-defection amendment. It has also beensubsequentlymodified by the 91st
amendment.
● Thepresiding officer of the Houseis theauthoritywho takes final decisionson
all such cases.
● If it is proved that a member has ‘defected’, thensuch member loses the
membershipof the House and is alsodisqualified fromholding any political
officelike ministership, etc.
● Defection: A member is considered to be defected ifs/he remains absent in the
House when asked by the party leadership to remain present or votes against the
instructions of the party or voluntarily leaves the membership of the party.
Interesting Points
● Bicameralism in Germany:
● Federal Assembly (Bundestag)
● Federal Council (Bundesrat)
● Equality of states in USA:Every state has equal representationin the Senate.
● The fourth Schedule of the Constitutionfixed thenumber of members to be
elected from each Statein the Rajya Sabha.
