Legislature
1. Chapter Overview
2. Why Do We Need a Parliament?
- A genuine democracy is inconceivable without a representative, efficient and effective legislature.
- The legislature helps people in holding representatives accountable — this is the very basis of representative democracy.
- In most democracies, legislatures are losing central place to the executive. In India too, the Cabinet initiates policies and sets the governance agenda.
- Critics say Parliament has declined — but even strong cabinets must retain majority in the legislature. A strong leader must face Parliament and answer to its satisfaction.
- Parliament is recognised as one of the most democratic and open forums of debate — it is the most representative of all organs of government and is vested with the power to choose and dismiss the government.
📰 Real-Life Examples — Parliament Controlling the Executive
- 28 Feb 2002: Finance Minister Jaswant Singh proposed a hike of ₹12 in urea price in the Union Budget.
- 11 March 2002: The Finance Minister had to roll back the fertilizer price hike under intense opposition pressure — Parliament worked!
- 4 June 1998: Lok Sabha saw acrimonious scenes over urea and petroleum price hikes; the entire opposition staged a walkout. Finance Minister Yashwant Sinha was forced to roll back the urea price hike.
- 22 Feb 1983: Lok Sabha unanimously suspended official business to debate the Assam issue — Parliament rising above party lines for national concern.
3. Why Do We Need Two Houses of Parliament?
🏠 Advantages of Two Houses
- Gives representation to all sections of society
- Gives representation to all geographical regions
- Every decision is discussed twice — a double check
- If one House acts in haste, the other can reconsider
🗺️ India’s Two Houses
- Rajya Sabha — Council of States (Upper House)
- Lok Sabha — House of the People (Lower House)
- States may have unicameral or bicameral legislature
- Only 6 States have a bicameral legislature
🇩🇪 Box — Bicameralism in Germany
- Germany has two houses — Bundestag (Federal Assembly) and Bundesrat (Federal Council).
- Bundestag is elected by a complex system combining direct and proportional representation for 4 years.
- Bundesrat has 69 seats distributed among the 16 federal states based on population.
- Bundesrat members are state ministers appointed (not elected) by state governments; all members of one state must vote as a bloc.
- Bundesrat votes only on policy areas where states have concurrent powers and can veto such legislation.
4. Rajya Sabha — Council of States
🔑 Key Features
- Rajya Sabha represents the States of India.
- It is an indirectly elected body — voters elect MLAs → MLAs elect Rajya Sabha members.
- Seats are fixed by the Fourth Schedule of the Constitution — based on population, not equal like the US Senate.
- Example: Uttar Pradesh → 31 seats; Sikkim → 1 seat.
- Members are elected for a term of 6 years; they can be re-elected.
- Rajya Sabha is never fully dissolved — every 2 years, one-third of members retire and elections are held for those seats only.
- It is therefore called the “Permanent House of Parliament”.
- Even when Lok Sabha is dissolved, Rajya Sabha can be convened for urgent business.
- Apart from elected members, the President nominates 12 members from distinguished persons in literature, science, art, and social service.
5. Lok Sabha — House of the People
🔑 Key Features
- Lok Sabha is directly elected by the people through universal adult suffrage — each adult’s vote carries equal value.
- The country is divided into territorial constituencies of roughly equal population; one representative is elected from each.
- There are currently 543 constituencies — this number has not changed since the 1971 census.
- Lok Sabha is elected for a maximum period of 5 years.
- It can be dissolved before 5 years if no party or coalition can form the government, or if the Prime Minister advises the President to hold fresh elections.
6. Functions of Parliament
📜 1. Legislative Function
Parliament enacts legislation for the country. Bills are drafted by the bureaucracy under the concerned minister; their substance and timing are decided by the Cabinet. No major bill is introduced without Cabinet approval.
👁️ 2. Control of Executive
Parliament ensures the executive does not overstep its authority and remains responsible to the people. This is perhaps the most vital function of Parliament.
💰 3. Financial Function
Any new tax requires Lok Sabha’s approval. The government must account to the legislature for money spent. Budget and annual financial statements are the key instruments of financial control.
🎤 4. Representation
Parliament represents the divergent views of members from different regional, social, economic, and religious backgrounds from across the country.
💬 5. Debating Function
Parliament is the highest forum of debate in the country. Members are free to speak on any matter without fear — no limitation on its power of discussion. These debates form the heart of democratic decision-making.
📝 6. Constituent Function
Parliament can discuss and enact changes to the Constitution. Both Houses have similar constituent powers. All constitutional amendments must be approved by a special majority of both Houses.
🗳️ 7. Electoral Functions
Parliament elects the President and Vice-President of India.
⚖️ 8. Judicial Functions
Parliament considers proposals for removal of the President, Vice-President, and Judges of High Courts and the Supreme Court.
7. Lok Sabha vs Rajya Sabha — Powers Compared
| Power / Function | 🏠 Lok Sabha | 🏛️ Rajya Sabha |
|---|---|---|
| Law Making | Makes laws on Union List & Concurrent List; can introduce both Money and Non-money Bills | Considers and approves Non-money Bills; can only suggest amendments to Money Bills — cannot reject them |
| Financial Control | Approves taxation, budgets, and financial statements — exclusive power of Lok Sabha | Cannot initiate, reject, or amend Money Bills; has only 14 days to give suggestions |
| Executive Accountability | Can remove the government through a No-Confidence Motion | Can criticise the government but cannot remove it |
| Constitutional Amendment | Can amend with special majority | Can amend with special majority — co-equal power |
| Emergency Provisions | Approves Proclamation of Emergency | Limited role |
| President/VP Election & Removal | Participates in election and removal | Participates; only Rajya Sabha can initiate the removal of the Vice-President |
| State List Laws | No direct power | Special Power: Can authorise Parliament to make laws on State List subjects |
8. How Does Parliament Make Laws?
📊 Types of Bills
🏛️ Government Bill
Proposed by a Minister. The Cabinet approves the policy; the concerned Ministry drafts the bill. Can be introduced in either House (Money Bill only in Lok Sabha).
👤 Private Member’s Bill
Proposed by a non-minister member. Almost impossible to pass without government support — very rarely enacted.
💰 Money Bill
Deals with taxation and government expenditure. Can only be introduced in Lok Sabha. Rajya Sabha can give suggestions within 14 days — it cannot reject it.
📜 Constitution Amendment Bill
For making changes to the Constitution. Requires a special majority in both Houses. A separate and very important category of bill.
🔄 Bill to Law — Step-by-Step
9. How Does Parliament Control the Executive?
🎯 Instruments of Parliamentary Control
💬 1. Deliberation & Discussion
Question Hour — held daily during sessions; Ministers must respond to questions raised by members. Zero Hour — members may raise any issue (ministers are not bound to reply). Half-hour Discussion and Adjournment Motion are other tools for pressing the executive.
✅ 2. Approval of Laws
No bill can become law without Parliament’s approval. If the government has majority in Lok Sabha but not Rajya Sabha, it must make substantial concessions. Examples: Lok Pal Bill failed; Prevention of Terrorism Bill (2002) rejected by Rajya Sabha.
💰 3. Financial Control
The government must present the Budget for Parliament’s approval — a constitutional obligation. The CAG (Comptroller and Auditor General) and Public Accounts Committee investigate fund misuse. Parliament controls government policy through financial scrutiny.
🚨 4. No-Confidence Motion
Parliament’s most powerful weapon. If passed in Lok Sabha, the government must resign. After 1989, several governments fell because coalition partners withdrew support. This is real democratic accountability in action.
10. What Do Committees of Parliament Do?
- Since 1983, India has a system of Parliamentary Standing Committees — there are over 20 departmentally related committees.
- Standing Committees supervise the work of various departments — their budget, expenditure, and related bills.
- Committees are referred to as “Miniature Legislatures” — detailed bill discussions happen here.
- Joint Parliamentary Committees (JPCs) are set up for investigating a specific bill or financial irregularity. Members from both Houses participate.
- The committee system has reduced the burden on Parliament. Parliament mostly approves committee work with few alterations.
- Legally, no bill becomes law and no budget is sanctioned without Parliament’s approval — but Parliament rarely rejects committee recommendations.
11. How Does Parliament Regulate Itself?
👨⚖️ Role of the Presiding Officer
- The Presiding Officer (Speaker in Lok Sabha; Chairman in Rajya Sabha) is the final authority in regulating the business of the legislature.
- The Presiding Officer takes final decisions on breach of privilege and controls member behaviour.
🚫 Anti-Defection Law
- Most legislators are elected on a political party’s ticket. The problem of members switching parties after election led to the need for this law.
- The 52nd Constitutional Amendment (1985) introduced the Anti-Defection Law. It was later modified by the 91st Amendment.
- If a member is proved to have defected → loses membership of the House + is disqualified from holding any political office (e.g., ministry).
12. Mind Map — Chapter 5 at a Glance
Rajya Sabha
Bicameral
Financial
Representation
Committee
President’s Assent
Zero Hour
No-Confidence
JPC
Miniature Leg.
Anti-Defection
52nd Amendment
Direct election
6 yrs · Indirect
13. Summary — Quick Revision
The legislature is not merely a law-making body — it is the centre of democratic political process. A genuine democracy is inconceivable without a representative legislature.
India’s Parliament is bicameral — Lok Sabha (House of the People) and Rajya Sabha (Council of States). Only 6 States also have bicameral legislatures.
Rajya Sabha — indirectly elected, Permanent House (never fully dissolved), 6-year term, 1/3 members retire every 2 years, 12 nominated members by the President.
Lok Sabha — directly elected, 543 constituencies, maximum 5-year term, can be dissolved. More powerful — holds exclusive power over Money Bills and No-Confidence Motion.
Parliament performs 8 functions: Legislative, Executive Control, Financial, Representation, Debating, Constituent, Electoral, and Judicial.
Bill → Law process: Initiation → Drafting → Introduction → Committee → Detailed Discussion → Voting → Other House → Joint Session (if needed) → President’s Assent.
Money Bill can only be introduced in Lok Sabha. Rajya Sabha can only suggest changes within 14 days — it cannot reject it (Article 109).
Executive control tools: Question Hour, Zero Hour, Adjournment Motion, Financial Control (Budget), and No-Confidence Motion — the most powerful weapon.
Parliamentary Committees are “Miniature Legislatures” — 20+ Standing Committees since 1983. JPCs investigate specific bills or financial irregularities.
Anti-Defection Law (52nd Amendment, 1985) — a member who defects loses House membership and is disqualified from political office. Presiding Officer is the final authority.
14. Important Terms to Remember
- Bicameral Legislature: A legislature with two houses. India’s Parliament is bicameral — Lok Sabha and Rajya Sabha.
- Money Bill: A bill dealing with taxation and government expenditure — can only be introduced in Lok Sabha; Rajya Sabha cannot reject it (Article 109).
- No-Confidence Motion: A motion moved in Lok Sabha — if passed, the government must resign. Parliament’s most powerful tool for executive accountability.
- Question Hour: A daily session in Parliament where Ministers must respond to questions raised by members — the most effective instrument for keeping a check on the executive.
- Parliamentary Privilege: The protection given to legislators — no action can be taken against a member for anything said inside the legislature.
- Anti-Defection Law: Introduced by the 52nd Constitutional Amendment (1985) — a legislator who switches party or violates party directions loses membership of the House.
- Standing Committees: Permanent parliamentary committees that supervise the work, budget, and expenditure of specific departments — often called “Miniature Legislatures.” India has over 20 such committees since 1983.
- Parliamentary Privilege: Members cannot be prosecuted for their speech or votes inside Parliament — ensures free and fearless debate.
- Joint Session: A combined sitting of both Houses called to resolve a deadlock on a bill — in practice, decisions always favour Lok Sabha due to its larger membership.