NCERT Textbook - Legislature | Indian Polity for UPSC CSE PDF Download

 Page 1


100
Indian Constitution at Work
Chapter Five
LEGISLATURE
INTRODUCTION
You have already studied the importance of elections and the method of election
adopted in India. Legislatures are elected by the people and work on behalf of
the people. In this chapter you would study how elected legislatures function
and help in maintaining democratic government. You will also learn about the
composition and functioning of the parliament and State legislatures in India
and their importance in democratic government. After reading this chapter you
would know
± the importance of the legislature;
± the functions and powers of the Parliament of India;
± the law making procedure;
± how the Parliament controls the executive; and
± how the Parliament regulates itself.
2024-25
Page 2


100
Indian Constitution at Work
Chapter Five
LEGISLATURE
INTRODUCTION
You have already studied the importance of elections and the method of election
adopted in India. Legislatures are elected by the people and work on behalf of
the people. In this chapter you would study how elected legislatures function
and help in maintaining democratic government. You will also learn about the
composition and functioning of the parliament and State legislatures in India
and their importance in democratic government. After reading this chapter you
would know
± the importance of the legislature;
± the functions and powers of the Parliament of India;
± the law making procedure;
± how the Parliament controls the executive; and
± how the Parliament regulates itself.
2024-25
101
Chapter 5: Legislature
WHY DO WE NEED A PARLIAMENT?
Legislature is not merely a law making body. Lawmaking is but one
of the functions of the legislature. It is the centre of all democratic
political process. It is packed with action; walkouts, protests,
demonstration, unanimity, concern and co-operation.  All these serve
very vital purposes. Indeed, a genuine democracy is inconceivable
without a representative, efficient and effective legislature. The
legislature also helps people in holding the representatives
accountable. This is indeed, the very basis of representative
democracy.
Yet, in most democracies, legislatures are losing central place to
the executive. In India too, 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. But even very
strong cabinets must retain majority in the legislature. A strong leader
has to face the Parliament and answer to the satisfaction of the
Parliament. Herein lies the democratic potential of the Parliament. It
is recognised as one of the most democratic and open forum of debate.
On account of its composition, it is the most representative of all
organs of government. It is above all, vested with the power to choose
and dismiss the government.
Activity
Consider these newspaper reports and then think:
what would happen if there were no legislatures?
After reading each news report, state how the
legislature succeeded or failed in  maintaining
control over the executive.
l 28
th
 February 2002: The Union Finance
Minister, Jaswant Singh, announced in the
Union budget proposal an increase of  Rs. 12
in the price of a 50 kg bag of urea and a smaller
increase in the price of two other fertilizers which
constituted about 5 per cent rise in prices. The
current urea price of Rs. 4,830 a tonne carries
a subsidy of as much as 80 per cent.
2024-25
Page 3


100
Indian Constitution at Work
Chapter Five
LEGISLATURE
INTRODUCTION
You have already studied the importance of elections and the method of election
adopted in India. Legislatures are elected by the people and work on behalf of
the people. In this chapter you would study how elected legislatures function
and help in maintaining democratic government. You will also learn about the
composition and functioning of the parliament and State legislatures in India
and their importance in democratic government. After reading this chapter you
would know
± the importance of the legislature;
± the functions and powers of the Parliament of India;
± the law making procedure;
± how the Parliament controls the executive; and
± how the Parliament regulates itself.
2024-25
101
Chapter 5: Legislature
WHY DO WE NEED A PARLIAMENT?
Legislature is not merely a law making body. Lawmaking is but one
of the functions of the legislature. It is the centre of all democratic
political process. It is packed with action; walkouts, protests,
demonstration, unanimity, concern and co-operation.  All these serve
very vital purposes. Indeed, a genuine democracy is inconceivable
without a representative, efficient and effective legislature. The
legislature also helps people in holding the representatives
accountable. This is indeed, the very basis of representative
democracy.
Yet, in most democracies, legislatures are losing central place to
the executive. In India too, 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. But even very
strong cabinets must retain majority in the legislature. A strong leader
has to face the Parliament and answer to the satisfaction of the
Parliament. Herein lies the democratic potential of the Parliament. It
is recognised as one of the most democratic and open forum of debate.
On account of its composition, it is the most representative of all
organs of government. It is above all, vested with the power to choose
and dismiss the government.
Activity
Consider these newspaper reports and then think:
what would happen if there were no legislatures?
After reading each news report, state how the
legislature succeeded or failed in  maintaining
control over the executive.
l 28
th
 February 2002: The Union Finance
Minister, Jaswant Singh, announced in the
Union budget proposal an increase of  Rs. 12
in the price of a 50 kg bag of urea and a smaller
increase in the price of two other fertilizers which
constituted about 5 per cent rise in prices. The
current urea price of Rs. 4,830 a tonne carries
a subsidy of as much as 80 per cent.
2024-25
102
Indian Constitution at Work
WHY DO WE NEED TWO HOUSES OF PARLIAMENT?
The term ‘Parliament’ refers to the national legislature. The legislature
of the States is described as State legislature. The Parliament in India
has two houses. When there are two houses of the legislature, it is
called a bicameral legislature. The two Houses of the Indian
Parliament are the Council of States or the Rajya Sabha and the
House of the People or the Lok Sabha. The Constitution has given
the States the option of establishing either a unicameral or bicameral
legislature. At present only six States have a bicameral legislature.
l 11 March 2002. The Finance Minister had to
roll back the increases in fertilizer prices
under intense opposition pressure (The Hindu,
12 March 2002)
l On 4 June 1998, the Lok Sabha witnessed
acrimonious scenes over the hike in urea and
petroleum process. The entire opposition
staged a walkout. The issue rocked the house
for two days leading to walkout by opposition.
The finance minister in his budget proposal had
proposed a hike of 50 paisa per kilogram of
urea to reduce subsidy on it. This forced the
finance minister Mr. Yashwant Sinha to roll
back the hike in urea prices ( Hindustan Times,
4 and 5 June 1998)
l 22 February 1983: In a rare move, the Lok
Sabha today unanimously decided to suspend
official business and give precedence to debate
on Assam. Home Minister P.C.Sethi made a
statement “I seek the cooperation of all members
whatever their views and policies, in promoting
harmony among different communities and
groups living in Assam. What is needed now is
not acrimony but  a healing touch.” (Hindustan
Times, 22 February 1983)
l Congress Members voiced protest against
atrocities on Harijans in Andhra Pradesh (The
Hindu, 3 March 1985)
2024-25
Page 4


100
Indian Constitution at Work
Chapter Five
LEGISLATURE
INTRODUCTION
You have already studied the importance of elections and the method of election
adopted in India. Legislatures are elected by the people and work on behalf of
the people. In this chapter you would study how elected legislatures function
and help in maintaining democratic government. You will also learn about the
composition and functioning of the parliament and State legislatures in India
and their importance in democratic government. After reading this chapter you
would know
± the importance of the legislature;
± the functions and powers of the Parliament of India;
± the law making procedure;
± how the Parliament controls the executive; and
± how the Parliament regulates itself.
2024-25
101
Chapter 5: Legislature
WHY DO WE NEED A PARLIAMENT?
Legislature is not merely a law making body. Lawmaking is but one
of the functions of the legislature. It is the centre of all democratic
political process. It is packed with action; walkouts, protests,
demonstration, unanimity, concern and co-operation.  All these serve
very vital purposes. Indeed, a genuine democracy is inconceivable
without a representative, efficient and effective legislature. The
legislature also helps people in holding the representatives
accountable. This is indeed, the very basis of representative
democracy.
Yet, in most democracies, legislatures are losing central place to
the executive. In India too, 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. But even very
strong cabinets must retain majority in the legislature. A strong leader
has to face the Parliament and answer to the satisfaction of the
Parliament. Herein lies the democratic potential of the Parliament. It
is recognised as one of the most democratic and open forum of debate.
On account of its composition, it is the most representative of all
organs of government. It is above all, vested with the power to choose
and dismiss the government.
Activity
Consider these newspaper reports and then think:
what would happen if there were no legislatures?
After reading each news report, state how the
legislature succeeded or failed in  maintaining
control over the executive.
l 28
th
 February 2002: The Union Finance
Minister, Jaswant Singh, announced in the
Union budget proposal an increase of  Rs. 12
in the price of a 50 kg bag of urea and a smaller
increase in the price of two other fertilizers which
constituted about 5 per cent rise in prices. The
current urea price of Rs. 4,830 a tonne carries
a subsidy of as much as 80 per cent.
2024-25
102
Indian Constitution at Work
WHY DO WE NEED TWO HOUSES OF PARLIAMENT?
The term ‘Parliament’ refers to the national legislature. The legislature
of the States is described as State legislature. The Parliament in India
has two houses. When there are two houses of the legislature, it is
called a bicameral legislature. The two Houses of the Indian
Parliament are the Council of States or the Rajya Sabha and the
House of the People or the Lok Sabha. The Constitution has given
the States the option of establishing either a unicameral or bicameral
legislature. At present only six States have a bicameral legislature.
l 11 March 2002. The Finance Minister had to
roll back the increases in fertilizer prices
under intense opposition pressure (The Hindu,
12 March 2002)
l On 4 June 1998, the Lok Sabha witnessed
acrimonious scenes over the hike in urea and
petroleum process. The entire opposition
staged a walkout. The issue rocked the house
for two days leading to walkout by opposition.
The finance minister in his budget proposal had
proposed a hike of 50 paisa per kilogram of
urea to reduce subsidy on it. This forced the
finance minister Mr. Yashwant Sinha to roll
back the hike in urea prices ( Hindustan Times,
4 and 5 June 1998)
l 22 February 1983: In a rare move, the Lok
Sabha today unanimously decided to suspend
official business and give precedence to debate
on Assam. Home Minister P.C.Sethi made a
statement “I seek the cooperation of all members
whatever their views and policies, in promoting
harmony among different communities and
groups living in Assam. What is needed now is
not acrimony but  a healing touch.” (Hindustan
Times, 22 February 1983)
l Congress Members voiced protest against
atrocities on Harijans in Andhra Pradesh (The
Hindu, 3 March 1985)
2024-25
103
Chapter 5: Legislature
States having a bicameral legislature are given below:
(i) Andhra Pradesh
(ii) Bihar
(iii) Karnataka
(iv) Maharashtra
(v) Telangana
(vi) Uttar Pradesh
2024-25
Page 5


100
Indian Constitution at Work
Chapter Five
LEGISLATURE
INTRODUCTION
You have already studied the importance of elections and the method of election
adopted in India. Legislatures are elected by the people and work on behalf of
the people. In this chapter you would study how elected legislatures function
and help in maintaining democratic government. You will also learn about the
composition and functioning of the parliament and State legislatures in India
and their importance in democratic government. After reading this chapter you
would know
± the importance of the legislature;
± the functions and powers of the Parliament of India;
± the law making procedure;
± how the Parliament controls the executive; and
± how the Parliament regulates itself.
2024-25
101
Chapter 5: Legislature
WHY DO WE NEED A PARLIAMENT?
Legislature is not merely a law making body. Lawmaking is but one
of the functions of the legislature. It is the centre of all democratic
political process. It is packed with action; walkouts, protests,
demonstration, unanimity, concern and co-operation.  All these serve
very vital purposes. Indeed, a genuine democracy is inconceivable
without a representative, efficient and effective legislature. The
legislature also helps people in holding the representatives
accountable. This is indeed, the very basis of representative
democracy.
Yet, in most democracies, legislatures are losing central place to
the executive. In India too, 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. But even very
strong cabinets must retain majority in the legislature. A strong leader
has to face the Parliament and answer to the satisfaction of the
Parliament. Herein lies the democratic potential of the Parliament. It
is recognised as one of the most democratic and open forum of debate.
On account of its composition, it is the most representative of all
organs of government. It is above all, vested with the power to choose
and dismiss the government.
Activity
Consider these newspaper reports and then think:
what would happen if there were no legislatures?
After reading each news report, state how the
legislature succeeded or failed in  maintaining
control over the executive.
l 28
th
 February 2002: The Union Finance
Minister, Jaswant Singh, announced in the
Union budget proposal an increase of  Rs. 12
in the price of a 50 kg bag of urea and a smaller
increase in the price of two other fertilizers which
constituted about 5 per cent rise in prices. The
current urea price of Rs. 4,830 a tonne carries
a subsidy of as much as 80 per cent.
2024-25
102
Indian Constitution at Work
WHY DO WE NEED TWO HOUSES OF PARLIAMENT?
The term ‘Parliament’ refers to the national legislature. The legislature
of the States is described as State legislature. The Parliament in India
has two houses. When there are two houses of the legislature, it is
called a bicameral legislature. The two Houses of the Indian
Parliament are the Council of States or the Rajya Sabha and the
House of the People or the Lok Sabha. The Constitution has given
the States the option of establishing either a unicameral or bicameral
legislature. At present only six States have a bicameral legislature.
l 11 March 2002. The Finance Minister had to
roll back the increases in fertilizer prices
under intense opposition pressure (The Hindu,
12 March 2002)
l On 4 June 1998, the Lok Sabha witnessed
acrimonious scenes over the hike in urea and
petroleum process. The entire opposition
staged a walkout. The issue rocked the house
for two days leading to walkout by opposition.
The finance minister in his budget proposal had
proposed a hike of 50 paisa per kilogram of
urea to reduce subsidy on it. This forced the
finance minister Mr. Yashwant Sinha to roll
back the hike in urea prices ( Hindustan Times,
4 and 5 June 1998)
l 22 February 1983: In a rare move, the Lok
Sabha today unanimously decided to suspend
official business and give precedence to debate
on Assam. Home Minister P.C.Sethi made a
statement “I seek the cooperation of all members
whatever their views and policies, in promoting
harmony among different communities and
groups living in Assam. What is needed now is
not acrimony but  a healing touch.” (Hindustan
Times, 22 February 1983)
l Congress Members voiced protest against
atrocities on Harijans in Andhra Pradesh (The
Hindu, 3 March 1985)
2024-25
103
Chapter 5: Legislature
States having a bicameral legislature are given below:
(i) Andhra Pradesh
(ii) Bihar
(iii) Karnataka
(iv) Maharashtra
(v) Telangana
(vi) Uttar Pradesh
2024-25
104
Indian Constitution at Work
Countries with large size and much diversity usually prefer to
have two houses of the national legislature to give representation to
all sections in the society and to give representation to all geographical
regions or parts of the country. A bicameral legislature has one more
advantage. 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. Even if one house takes a decision in haste, that decision will
come for discussion in the other house and reconsideration will be
possible.
Rajya Sabha
Each of the two Houses of Parliament has different bases of
representation. 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 the Rajya Sabha.
We can imagine two different principles of representation in the
second chamber. One way is to give equal representation to all the
parts of the country irrespective of their size or population. We may
call this as symmetrical representation. On the other hand, parts of
the country may be given representation according to their
“...an Upper House could perform
the...useful function of being a
revising body, and ...its views may
count but not its votes... ...,those
who could not enter into the rough
and tumble of active politics
could...advise the Lower House.”
Purnima Banerji
CAD, Vol. IX, p. 33, 30 July 1949
2024-25