LEGISLATURE

Legislatures are elected by the people and work on behalf of the people.

Why do we need a Parliament? 

1. Legislature is not merely a law making body, but it is the centre of all democratic political processes.

2. It is packed with action; walkouts, protests, demonstration, unanimity, concern and co-operation.

3. The legislature also helps people in holding the representatives accountable. This is indeed, the very basis of representative democracy. 

4. The Cabinet initiates policies, sets the agenda for governance and carries them through. This has led some critics to remark that the Parliament has declined. It is recognized as one of the most democratic and open forum of debate. 

5. It is the most representative of all organs of government. ‘It is above all,’ vested with the power to choose and dismiss the government.

Why do we need two Houses of Parliament?

1. The term ‘Parliament’ refers to the national legislature. The legislature of the States is described as State legislature. 

2. The Parliament in India has two houses. When there are two houses of the legislature, it is called a bicameral legislature. 

3. A bicameral legislature makes it possible to have every decision reconsidered. Every decision taken by one house goes to the other house for its decision. This means that every bill and policy would be discussed twice. This ensures a double check on every matter.

4.  The two Houses of the Indian Parliament are the Council of States or the Rajya Sabha and the House of People or Lok Sabha. 

5. The Constitution has given the States the option of establishing either a unicameral or bicameral legislature ( Article-169). 

6. At present only 6 States have a bicameral legislature. 

7. They are: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Uttar Pradesh, Telangana.  

Andhra Pradesh Assembly recently passed a resolution to abolish the state’s Legislative Council (LC). Jammu and Kashmir had a Council until the state was bifurcated into the Union Territories of J&K and Ladakh. The Odisha Assembly has passed a resolution for a Legislative Council. Proposals to create Councils in Rajasthan and Assam are pending in Rajya Sabha.

Rajya Sabha 

1. The Rajya Sabha represents the States of India. It is an indirectly elected body. Residents of the State elect members to State Legislative Assembly. The elected members of State Legislative Assembly in turn elect the members of Rajya Sabha. 

2. Two different principles of representation in the second chamber.

- Symmetrical Representation : It is to give equal representation to all the parts of the country irrespective of their size or population (can be seen in US). 

- The regions or parts having larger population would have more representatives in the second chamber than regions having less population (can be seen in India). India adopted it because there is a wide gap between the states regarding population. So framers of the constitution, made it clear that states with larger population to get more representatives than states with smaller population get. 

3. Members of the Rajya Sabha are elected for a term of six years. They can get re-elected. 

4. All members of the Rajya Sabha do not complete their terms at the same time. Every two years, one third members of the Rajya Sabha complete their term and elections are held for those one third seats only. Thus, the Rajya Sabha is never fully dissolved. Therefore, it is called the permanent House of the Parliament. 

5. The advantage of this arrangement is that even when the Lok Sabha is dissolved and elections are yet to take place, the meeting of the Rajya Sabha can be called and urgent business can be conducted. Rajya Sabha has twelve nominated members. The President nominates these members (on the basis of literature, arts, social service, science etc).

Lok Sabha 

1. The Lok Sabha and the State Legislative Assemblies are directly elected by the people. The entire country (State, in case of State Legislative Assembly) is divided into territorial constituencies of roughly equal population.

2. One representative is elected from each constituency through universal, adult suffrage where the value of vote of every individual would be equal to another. 

3. At present there are 543 constituencies. This number has not changed since 1971. 

4. The Lok Sabha is elected for a period of five years. This is the maximum. Executive that before the completion of five years, the Lok Sabha can be dissolved

i). If no party or coalition can form the government or 

ii). If the Prime Minister advises the President to dissolve the Lok Sabha and hold fresh elections.

Functions of the Parliament

The various functions of the Parliaments are as follows:

1. Legislative Functions: The Parliament enacts legislations for the country. The actual task of drafting the bill is performed by the bureaucracy under the supervision of the minister concerned. The substance and even the timing of the bill are decided by the Cabinet. No major bill is introduced in the Parliament without the approval of the Cabinet. Members other than ministers can also introduce bills(called private bills) but these have no chance of being passed without the support of the government. 

2. Control of Executive and ensuring its accountability :  It is to ensure that the executive does not overstep its authority and remains responsible to the people who have elected them.

3. Financial Function : In a democracy, legislature controls taxation and the way in which money is used 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, involve grant of resources to the government to 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. The legislature also ensures that the government does not misspend or overspend. This is done through the budget and annual financial statements. 

4. Representation : Parliament represents the divergent views of members from different regional, social, economic, religious groups of different parts of the country. 

5. Debating Function : The Parliament is the highest forum of debate in the country. There is no limitation on its power of discussion. These discussions constitute the heart of democratic decision making. 

6. Constituent Function : The Parliament has the power of discussing and enacting changes to the Constitution. The constituent powers of both the houses are similar. All constitutional amendments have to be approved by a special majority of both Houses.

7. Electoral Functions : The Parliament also performs some electoral functions. It elects the President and Vice President of India. 

8. Judicial functions : The judicial functions of the Parliament include considering the proposals for removal of President, Vice-President and Judges of High Courts and Supreme Court.

Powers of Lok Sabha and Rajya Sabha

Powers of Lok Sabha 

i). Makes Laws on matters included in Union List and Concurrent List. Can introduce and enact money and non money bills. 

ii). Controls the executive by asking questions, supplementary questions, resolutions and motions and through no confidence motion. 

iii). Elects the President and Vice President and removes Judges of Supreme Court and High Court.

iv). Amends the Constitution.  

v). Approves proposals for taxation, budgets and annual financial statements. 

vi). Approves the Proclamation of emergency. 

vii). Establishes committees and commissions and considers their reports. 

 

Powers of Rajya Sabha 

i). Considers and approves non money bills and suggests amendments to money bills. 

ii). Exercises control over executive by asking questions, introducing motions and resolutions. 

iii). Participates in the election and removal of the President, Vice President, Judges of Supreme Court and High Court. It can alone initiate the procedure for removal of Vice President.

iv). Approves constitutional amendments. 

v). Can give the Union parliament power to make laws on matters included in the State list. 

Special Powers of Rajya Sabha and Lok Sabha 

1. The Rajya Sabha is an institutional mechanism to provide representation to the States. Its purpose is to protect the powers of the States. 

2. Therefore, any matter that affects the States must be referred to it for its consent and approval like, to remove a matter from the State list. This provision adds to the strength of the Rajya Sabha. 

3. However, experience shows that the members of the Rajya Sabha represent their parties more than they represent their States. 

Powers Exercised only by Lok Sabha

1. A Money bill can be introduced only in the Lok Sabha and not in Rajya Sabha.

2. Rajya Sabha cant amend or reject a money bill (because they are not directly elected by the people).

3. The final power to decide whether a particular bill is money bill or not is vested in the Speaker of Lok Sabha. 

How Does Parliament Make Laws?

Types of Bills

1. Bill is a draft of the proposed law. 

2. Government bill (Bill proposed by a Minister). 

3. Private member bill (Bill proposed by a Member of Parliament but not a Minister). 

4. Money bill.

5. Non-Money bill : Ordinary Bill and Constitutional Amendment Bill.

How does Parliament Control Executive?

Parliamentary Privilege : No action can be taken against a member for whatever the member may have said in the legislature.

Instruments of parliamentary control

The legislature in parliamentary system ensures executive accountability at various stages: policy making, implementation of law or policy and during and post implementation stage. The legislature does this through the use of a variety of devices.

1. Deliberation and Discussion:

- During the law making process, members of the legislature get an opportunity to deliberate on the policy direction of the executive and the ways in which policies are implemented.

- Apart from deliberating on bills, control may also be exercised during the general discussions in the House like Question Hour, Zero Hour and Motions especially Adjournment Motion.

Perhaps the question hour is the most effective method of keeping vigil on the executive and the administrative agencies of the government. Zero Hour -Indian innovation. 

2. Approval and ratification of laws :

- Parliamentary control is also exercised through its power of ratification. 

- A bill can become a law only with the approval of the Parliament. 

- 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 : 

- Preparation and presentation of budget for the approval of the legislature is constitutional obligation of the government. 

- The legislature may refuse to grant resources to the government. This seldom happens because the government ordinarily enjoys support of the majority in the parliamentary system. 

- It can enquire into cases of misuse of funds on the basis of the report of the Comptroller and Auditor General and Public Accounts committees. 

- The legislative control is not only aimed at financial propriety, but also about the policies of the government that are reflected in the budget. Through financial control, the legislature controls the policy of the government.

4. No Confidence Motion : 

- The most powerful weapon that enables the Parliament to ensure executive accountability is the no-confidence motion. 

- As long as the government has the support of its party or coalition of parties that have a majority in the Lok Sabha, the power of the House to dismiss the government is fictional rather than real.

- However, after 1989, several governments have been forced to resign due to lack of confidence of the house. 

Thus, the Parliament can effectively control the executive and ensure a more responsive government. 

Parliamentary Committees

The appointment of committees for various legislative purposes. These committees play a vital role not merely in law making, but also in the day-to-day business of the House. 

Since 1983, India has developed a system of parliamentary standing committees. 

Standing Committees supervise the work of various departments, their budget, their expenditure and bills that come up in the house relating to the department. 

Joint Parliamentary Committees (JPCs) can be set up for the purpose of discussing a particular bill, like the joint committee to discuss bill, or for the purpose of investigating financial irregularities. Members of these committees are selected from both Houses. 

How does Parliament regulate itself?

It is through debates that the parliament performs all its vital functions. The presiding officer of the legislature is the final authority in matters of regulating the business of the legislature. Presiding officer is Speaker in Lok Sabha and Chairman in Rajya Sabha. 

Anti Defection Laws 

A legislator who is elected on one party’s ticket must be restricted from ‘defecting’ to another party. This is known as anti-defection. Made through 52nd amendment act in 1985 amendment. It has also been subsequently modified by the 91st amendment. The presiding officer of the House is the authority who takes final decisions on all such cases. If it is proved that a member has ‘defected’, then such member loses the membership of the House and also person is also disqualified from holding any political office like minister ship, etc. 

Defection 

If a member 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, it is deemed as defection. 

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