Legislature| Chapter 5 Class 11 Polity Notes

The Legislature, Executive, and Judiciary are the three organs of government. Legislatures are elected by the people and work on behalf of the people. The elected legislatures function and help in maintaining the democratic government. A genuine democracy is inconceivable without a representative, efficient, and effective legislature.

In this article, we will study the Legislature in detail.

Legislature| Chapter 5 Class 11 Polity Notes

Need of Parliament

• Parliament serves as the nucleus of all democratic political processes, teeming with actions such as walkouts, protests, demonstrations, unanimity, concern, and cooperation.
• Along with lawmaking it aids in holding representatives accountable to the people.
• It is the most representative of all organs of government and is recognized as one of the most democratic and open forums for debate.
• It is endowed with the power to appoint and dismiss the government.

Parliament of India

“Parliament” refers to the national legislature, while the legislature of the States is termed the State legislature.

Bicameral legislature

The Parliament in India comprises two Houses:

• The Council of States or the Rajya Sabha.
• The House of the People or the Lok Sabha.

For States the Constitution permits States to choose between a unicameral or bicameral legislature. Presently, only six States like Andhra Pradesh, Maharashtra, Karnataka, Orissa, Telangana, Bihar, and Uttar Pradesh have a bicameral legislature.

Need of Two Houses of Parliament

• To provide representation to all sections, regions due to the large size and diversity of the country.
• Every decision made by one House undergoes review by the other House, ensuring bills and policies are thoroughly discussed twice.

Rajya Sabha

Represents the States of India. Members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies.

Two different principles of representation:

1. Symmetrical representation: Provides equal representation to all parts of the country.
2. Propotional representation:Areas with larger populations have more representatives in the Rajya Sabha, while those with smaller populations have fewer representatives. For instance, Uttar Pradesh sends 31 members to the Rajya Sabha, whereas Sikkim has only one seat.

Election to Rajya Sabha

• Members of the Rajya Sabha serve a term of six years and can be re-elected.
• The Rajya Sabha is never fully dissolved:
  • Members do not complete their terms simultaneously.
  • Every two years, one-third of the members retire, and elections are held for those one-third seats only.
  • The Rajya Sabha can convene for urgent business even when the Lok Sabha is dissolved, and elections are pending.
• Nominated members in Rajya Sabha
  • The Rajya Sabha includes twelve nominated members besides the elected ones who are nominated by the President.
  • Nominations are made from individuals who have excelled in literature, science, art, and social service.

Lok Sabha – Elections and Tenure

The Lok Sabha and the State Legislative Assemblies are directly elected by the people.

• The entire country (or the State, in the case of State Legislative Assembly) is divided into territorial constituencies of roughly equal population.
• One representative is elected from each constituency through universal adult suffrage.
• Currently, there are 543 constituencies, a number that has remained unchanged since the 1971 census.

The Lok Sabha is elected for a tenure of term of five years.

• It can be dissolved before completing its five-year term if no party or coalition can form a government.
• If the Prime Minister advises the President to dissolve the Lok Sabha and conduct fresh elections.

Functions of Parliament

Type	Functions
Legislative Functions	While it enacts legislations for the country, the Lok Sabha often merely approves legislations The actual task of drafting bills is performed by the bureaucracy under the supervision of the concerned Minister. The substance and timing of bills are decided by the Cabinet, and no major bill is introduced without Cabinet approval. Members other than ministers can introduce bills, but these have little chance of passing without government support.
Financial Functions	Controls taxation and government expenditure: New taxes proposed by the Government require Lok Sabha approval. Parliament grants resources to the government for implementing programs. The government is required to report to the legislature about its expenditure and resource-raising activities. Ensures government doesn’t mis-spend or over-spend through the budget and annual financial statements.
Constituent Function	Parliament has the power to discuss and enact changes to the Constitution, with all amendments requiring approval by a special majority of both Houses.
Debating Function	It is the highest forum of debate as members are free to speak on any matter without fear, enabling analysis of national issues.
Electoral Function	Elects the President of India. Elects the Vice President of India.
Judicial Functions	Considers proposals for the removal of the President, Vice-President, and Judges of High Courts and the Supreme Court.

Powers of Lok Sabha and Rajya Sabha

Lok Sabha	Rajya Sabha
Making laws on matters included in the Union List and Concurrent List. It can introduce and enact both money and non-money bills.	Considering and approving non-money bills and suggesting amendments to money bills.
Approving proposals for taxation, budgets, and annual financial statements.	Approving constitutional amendments.
Controlling the executive by asking questions, supplementary questions, resolutions, motions, and through motions of no confidence.	Exercising control over the executive by asking questions, introducing motions, and resolutions.
Amending the Constitution.	Participating in the election and removal of the President, Vice President, Judges of the Supreme Court and High Court.
Approving the Proclamation of emergency.	Empowered to grant the Union Parliament the authority to make laws on matters included in the State list.
Electing the President and Vice President and removing Judges of the Supreme Court and High Court.	It can initiate the procedure for the removal of the Vice President.
Special Power of Lok Sabha	Special Power of Rajya Sabha
Only Lok Sabha can initiate a Money bills, Rajya Sabha cannot initiate, reject, or amend money bills. The Council of Ministers is accountable to the Lok Sabha, not the Rajya Sabha. Therefore, the Rajya Sabha can criticize the government but cannot remove it.	Any matter affecting the States must be referred to the Rajya Sabha for its consent and approval. Parliament needs Rajya Sabha’s approval to transfer matters from the State list to the Union or Concurrent list for the nation’s interest.

Procedure of Making Laws in Parliament

A definite procedure is followed in the process of making law, comprising elements outlined in the Constitution and conventions that have evolved over time. The law-making process is technical and often tedious.

A bill is essentially a draft of the proposed law. There are two type of bill Government Bill and Private bill.

Different Stages in the Life of a Bill

1. Before introduction in Parliament
   • Debate on the necessity of introducing the Bill, which may be influenced by political parties, interest groups, media, and citizens’ forums.
   • Lawmaking is not solely a legal procedure but also a political course of action.
2. During preparation of a Bill
   • Considerations include resources required for implementation, expected support or opposition, etc.
   • The Cabinet considers these before deciding to enact a law.
3. Drafting the legislation
   • Begins once the Cabinet approves the policy behind the legislation.
   • The concerned ministry prepares the draft of any bill.
4. First stage of law-making (Within the Parliament):
   • A bill can be introduced in the Lok Sabha or Rajya Sabha by a member of the House, often a Minister responsible for the subject.
   • Money bills can only be introduced in the Lok Sabha.
5. Second stage of law-making
   • Most of the bill discussions occur in committees, often referred to as miniature legislatures.
   • Committee recommendations are sent to the House.
6. 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 undergoes the same procedure.
   • A bill must be passed by both Houses for enactment.
   • Disagreements between the Houses are resolved through a Joint Session of Parliament, where the decision typically favors the Lok Sabha.
7. Special procedure for Money Bills:
   • Article 109(1): A Money Bill shall not be introduced in the Council of States (Rajya Sabha).
   • Rajya Sabha can approve the bill or suggest changes but cannot reject it.
   • If Rajya Sabha takes no action within 14 days, the bill is deemed to have been passed.
   • Amendments suggested by Rajya Sabha may or may not be accepted by Lok Sabha.
   • When a bill is passed by both Houses, it is sent to the President for assent.
   • The President’s assent results in the enactment of the bill into law.

Parliamentary Privileges

• Members of the parliament have some privileges. They cannot face legal action for anything said within the legislature.
• The presiding officer holds final powers in determining breaches of privilege.
• Facilitate effective representation of the people and exercise control over the executive by legislators.

Control of the Executive by Parliament

The executive is typically formed from the party or coalition with a majority in the Lok Sabha.

• With majority support, the executive may potentially wield unlimited and arbitrary powers causing risk of unlimited powers.
• This situation may lead to Cabinet dictatorship, where the Cabinet dominates and the House merely follows.
• An active and vigilant Parliament can effectively check the executive’s actions, ensuring accountability and preventing abuse of power.
• The legislature in parliamentary system ensures executive accountability at various stages: policy making, implementation of law or policy and during and post-implementation stage.

Instruments of Parliamentary Control

Device/Instruments	Description
General Discussions	Members deliberate on policy direction and implementation methods of the executive during law-making process and other general discussions in the House.
Zero Hour	Members raise important matters for discussion and ministers are not obligated to respond.
Question Hour	Ministers respond to daily questions during parliamentary sessions. Crucial method for scrutinizing the executive and administrative agencies. It gives the members an opportunity to criticise the government and represent the problems of their constituencies.
No Confidence Motion	Most powerful tool for ensuring executive accountability. Governments forced to resign due to lack of confidence in the House.
Financial Control	Government programs receive financial resources through the budget, which requires approval from the legislature. Budget approval required for government programs. The legislature scrutinizes the government’s financial requests and can refuse to grant resources if deemed necessary. The legislature can investigate cases of fund misuse based on reports from the Comptroller and Auditor General and Public Accounts Committees.
Approval and ratification of laws	A bill can become a law only with the approval of the Parliament. If the government has not a disciplined majority, such approvals are the products of intense bargaining and negotiations amongst the members of ruling party or coalition of parties and even government and opposition. Many bills, such as the Lok Pal Bill have failed enactment, Prevention of Terrorism bill (2002) was rejected by the Rajya Sabha.
Other instruments	These may include half-an-hour discussions on public importance matters, adjournment motions, etc.

Decline of Parliament Functioning

Over the last two decades, there has been a gradual reduction in the frequency of Lok Sabha and State Legislative Assembly sessions, as well as the time allocated for debates. Houses of Parliament have faced challenges with quorum, where the minimum number of members required to conduct proceedings is not met. Opposition parties occasionally boycott sessions, depriving the House of the ability to effectively scrutinize and control the executive through discussions and debates.

Need of Parliamentary Committees – Their Functions and Importance?

Parliamentary committees play a crucial role not only in lawmaking but also in the routine operations of the House. As Parliament convenes only during sessions, committees provide a platform for more in-depth study of issues requiring legislative attention. Lawmaking necessitates thorough examination of the subject matter, demanding additional attention and time.

Functions performed by Parliamentary Committees

• Committees scrutinize budget allocations and expenditures of various ministries and departments thus studying demands for grants and expenditures in detail.
• Committees are tasked with investigating allegations of corruption.
• Standing Committees since 1983
  • Standing Committees supervise the work of various departments, their budget, their expenditure
  • and bills that come up in the House relating to the department.
  • Over twenty departmentally related committees have been established.
• Joint Parliamentary Committees (JPCs):
  • Formed to discuss specific bills or investigate financial irregularities.
  • Members selected from both Houses of Parliament.

Importance of Parliamentary Committees

• Committees reduce the workload on Parliament, with Parliament typically approving committee recommendations with minimal alterations.
• Many significant bills are referred to committees for thorough examination.
• No bill becomes law or budget is sanctioned without Parliament approval, though Parliament rarely rejects committee suggestions.

Anti-Defection Law

Anti defection law was bought to stop deflection from one party to the other. In 1985 by making a constitutional amendment (52nd Amendment Act) the anti-defection was introduced, subsequently modified by the 91st amendment.

• There was a consensus among political parties that legislators elected on one party’s ticket should be prohibited from switching allegiance to another party.
• The presiding officer of the House holds final authority in all cases related to defection.
• If it is proven that a member has defected, they lose their membership of the House and are disqualified from holding any political office, such as ministership.

People Also View

1. The State Legislature
2. Legislative Procedure in Parliament
3. Separation of Powers in the Indian Constitution: Executive, Legislature and Judiciary

FAQs on Legislature

What is called legislature?

Legislature is a branch of government that is empowered with such powers as making laws, amend, revoke laws of a nation or region.

What are the main functions of a legislature?

The main functions of a legislature include enacting laws, overseeing the executive branch, representing the interests of the public, and ensuring accountability of the government.

Is Parliament called legislature?

Yes, Parliament is called the supreme legislature in India.

Indian legislature is bicameral or unicamreal ?

Indian legislature is bicameral are central level, Rajya Sabha and Lok Sabha are the two houses of Indian Parliament.

Examples of countries having unicameral legislature?

Sweden, Denmark, Finland, New Zealand are some of the countries with unicameral legisalture.

What does the state legislature contain?

The state legislature typically consists of two chambers: the upper house (such as the State Legislative Council or Vidhana Parishad) and the lower house (such as the State Legislative Assembly or Vidhana Sabha).