LEGISLATURE

 
 
 
 
 
  • The legislature is a law-making body, that holds representatives accountable, a genuine democracy is inconceivable without a representative, efficient, effective legislature.
  • The Parliament of India is bicameral i.e. having two houses, one is the Council of States or Rajya Sabha other is the House of People or Lok Sabha.
  • Countries with large size and much diversity usually prefer to have two houses to give representation to all geographical regions and to give representation to all sections of society.
  • A bicameral legislature also has the advantage that every decision is reconsidered so the opportunity to be discussed twice.
  • The Constitution has given states the option of establishing either unicameral or bicameral legislature.6 states have bicameral legislature Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. 

1. Rajya Sabha

 
  • Represents states of India. Indirectly elected body
  • Residents of the state elect members of the state legislative assembly. the elected members of the state legislature in turn elects elect members of Rajya Sabha.
  • Two types of representation-equal representation or symmetrical representation-given to all parts of the country. Irrespective of size and population. 
  • The second one is based on population so regions having larger populations will have more representation. 
  • In the USA every state has equal representation in the Senate.
  • Term of members 6 years can be re-elected.  Every two years one-third of members retire and thereby election for that one-third of seats Rajya Sabha never fully dissolves and is therefore called a permanent house of Parliament
  • The advantage of this is that even though Lok Sabha dissolved meeting of Rajya Sabha can be called and urgent business can be conducted.
  • Rajya has 12 nominated members .president nominates them, and nominations are made from among the persons who have made their mark in the field of literature, science, art, social service
 
Bicameralism in Germany
  • The two Houses are known as the Federal Assembly (Bundestag) and the Federal Council (Bundesrat). Assembly is elected by a complex system combining direct and proportional representation for four years.
  • The 16 federal states of Germany are represented in the federal council.
  • The 69 seats of the Bundesrat are divided among states based on a range of populations
  • These members are generally the ministers in the governments at the state level and are appointed not elected by the governments of the federal states
  • As per German law all the members from one state have to vote as a bloc as per the instructions of the state governments.
  • Sometimes due to coalition government at the state level, they fail to reach an agreement and may have to abstain.
  • The Bundesrat does not vote on all legislative initiatives but all policy areas on which the federal states have concurrent powers and are responsible for federal regulations must be passed by it. It can also veto such legislation.

2. Lok Sabha

  • Lok sabha and state legislative assemblies are directly elected by people
  • For election purposes entire country divided into territorial constituencies of roughly equal population
  • One representative is elected from each constituency through universal adult suffrage where the value of the vote of every individual is equal to another. At present, there are 543 constituencies.
  • Lok sabha elected for 5 years. Before the completion of five years, it can be dissolved if no party or coalition can form a government or if the prime minister advises the president to dissolve the lok sabha and hold fresh elections
 
3. Functions of Parliament 
 
  • Legislative Functions: Enacts Legislation for Country members other than ministers can also introduce bills
  • Control of the executive and ensuring its accountability debate and discussion they ensure the executive remains responsible and doesn’t overstep authority.
  • Financial functions government introduce a new tax it has to get approval from Lok Sabha government has to give an account of money spent on resources that it wishes to raise.
  • Representation –parliament represent divergent views of members from different regional, social, economic, religious.
  • Debating function members are free to speak on any matter.
  • Constituent function- parliament has the power of discussing and enacting changes to the constitution. all constitutional amendments have to be approved by a special majority.
  • Judicial functions include considering the proposals for removal of the president, vice president and judges of HC and SC
  • Supplementary questions, resolutions, motion
  • And through no confidence
  • Amends constitution
  • Approve proclamation of emergency
  • Elects president, and vice president and removes judges of SCAnd HC
  • Establishes committees, commissions and
  • Consider their reports
Powers of Lok Sabha Powers of Rajya Sabha
Makes laws on matters included in the Union list and the Concurrent list. Can introduce and enact money and non-money bills. Considers and approves non-money bills and suggests amendments to money bills.
Approves proposals for taxation, budgets and annual financial statements. Approves constitutional amendments.
Controls the executive by asking questions, supplementary questions, resolutions and motions and through no-confidence motions.  Exercises control over executive by asking questions, introducing motions and resolutions
Amends the constitution Participates in the election and removal of the President, Vice President, and Judges of the Supreme Court and High Court. It can alone initiate the procedure for the removal of the vice–president. 
Approves the Proclamation of emergency Can give the Union Parliament power to make laws on matters included in the state list.
Elects the President and Vice President and removes judges of the Supreme Court and High court  
Establish committees and commissions and consider their reports.  

 

Special Powers of Rajya Sabha: If the union parliament wishes to remove a matter from the state list to either the union list or concurrent list in the interest of the nation, approval of Rajya Sabha is necessary

Powers of Lok Sabha: Rajya Sabha cannot initiate reject amend money bills .council of ministers is responsible to the lok sabha therefore Rajya Sabha can criticize the government but cannot remove it. Both houses have co-equal powers in money bills, constitutional amendments, impeaching the president, and removing the vice president.

 

4. How Parliament Make Law?

  • Private member bill proposed by the non-minister
  • Government bill proposed by a minister
  • I STAGE=Drafting legislation by concerned ministry-bill introduced in LS/RS-
  • II stage discussion on the bill by committees-recommendation of committees sent to the house. Therefore committees called miniature legislature
  • III stage- the bill is voted
  • If the non-money bill is passed by one house it is sent to another house where it goes through the same process.
  • A bill passed by both houses of disagreement then a joint sitting to resolve the deadlock
  • In case of a money bill RS either approves the bill or suggests changes but cannot reject it. If no action is within 14 days then the bill is deemed to have been passed .amendments to the bill suggested by RS may or may not accepted by LS
  • Types of bill-1) government bill 2) private members bill 3) non-money bill-a)ordinary bill b) constitutional amendment bill 4) money bill. 
 
5. Parliamentary control over executives
 
Instruments of Parliamentary Control
 
1) Deliberation and discussion hour, which is held every day where the minister has to respond to searching questions  raised by members Zero hour where members are free to raise any matter which they think is important Half an hour discussion on matters  of public importance Adjournment motion
2) Approval and ratification of laws bill can become law only with the approval of parliament
3) Financial control- the legislature refuses to grant resources this seldom happens as govt enjoys a majority. It can enquire into cases of misuse of funds based on reports of CAG AND PAC
4) No Confidence Motion: if the government acts against constitutional provisions it can be voted out of office by passing a confidence motion

What do Committees of Parliament Do? 

  • Studying the demands for grants made by various ministries looking into expenditures incurred by various departments investigating cases of corruption etc. 
  • There are 24 departmental committees
  • Standing committees supervise the work of various departments, their budget, and their expenditure bills that come up in-house.
  • Joint parliamentary committees to discuss particular bills or for discussing financial irregularities.

How does  Parliament regulate itself

  • The presiding officer of the legislature is the final authority in matters of regulating the business of the legislature.
  • Anti defection amendment-Regulating behaviour of members from leaving the party on whose ticket elected by 52 Amendment Act,1985-who are elected on one party ticket are restricted from defecting to another party. Subsequently modified by 91 amendments. Presiding officer of house. is the final authority on such cases. if defective then lose membership of the house, disqualified from holding any political office
  • Defection is if a member remains absent in the house when asked by the party leadership to remain present votes against the instruction of the party or voluntarily leaves the membership of the party.
 
Previous Year Questions
 

1. With reference to the Finance Bill and Money Bill in the Indian Parliament, consider the following statements: (UPSC 2023)

  1. When the Lok Sabha transmits the Finance Bill to the Rajya Sabha, it can amend or reject the Bill.
  2. When the Lok Sabha transmits Money Bill to the Rajya Sabha, it cannot amend or reject the Bill, it can only make recommendations.
  3. In the case of disagreement between the Lok Sabha and the Rajya Sabha, there is no joint sitting for Money Bill, but a joint sitting becomes necessary for the Finance Bill.

How many of the above statements are correct?

(a) Only one         (b) Only two           (c) All three            (d) None

Answer: A
 

2. Consider the following statements: (UPSC 2022)

1. A bill amending the Constitution requires a prior recommendation of the President of India.

2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.

3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: B

 
3. Consider the following statements: (UPSC 2022)

1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.

2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.

Which of the statements given above is/are correct?

(a) 1 only    (b) 2 only              (c) Both 1 and 2               (d) Neither 1 nor 2

Answer: B


4. Which of the following is/are the exclusive power(s) of Lok Sabha?  (UPSC 2022)

1. To ratify the declaration of Emergency

2. To pass a motion of no-confidence against the Council of Ministers

3. To impeach the President of India

Select the correct answer using the code given below:

(a) 1 and 2      (b) 2 only      (c) 1 and 3             (d) 3 only

Answer: B
 
1. “Once a speaker, Always a speaker’! Do you think the practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India. (upsc 2020)
2. Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (upsc 2020)
3. Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha. (upsc 2022)
 

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