Principal Organs of Union & State Govt | PSIR Optional for UPSC (Notes) PDF Download

Introduction - Principal Organs of Union & State Govt

The legislature is a governing body responsible for enacting laws on behalf of the people, originating from the Latin word "lex" which means a legal rule. There are two main models of legislative structure: Parliamentary, where the executive is chosen from and responsible to the legislature, and Presidential, which separates executive and legislative powers. In India, the legislative system exists at both the union level, with the Parliament of India, and the state level, with state legislatures. The Parliament of India is the supreme representative authority of the people, serving as the highest legislative organ and a national platform for expressing public opinion.

Union Legislature

The Parliament of India, as outlined in Article 79, is composed of the President and two Houses - the Lower House, known as the Lok Sabha (House of the People), and the Upper House, called the Rajya Sabha (Council of States). The Lok Sabha can be dissolved, while the Rajya Sabha is a permanent chamber that cannot be dissolved. Additionally, the President's office is never vacant.

• The Role of the President in the Indian Parliament: Unlike the American President, who is not part of the Legislature (Congress), the President of India is an integral component of the Indian Parliament. However, the President is not allowed to sit and participate in the discussions in either of the two Houses. The President has several important responsibilities related to the Parliament. They have the authority to summon and prorogue the House between sessions and can dissolve the Lok Sabha. Furthermore, a bill cannot become law without the President's approval, even if it has been passed by both Houses.
• The President's Power to Issue Ordinances: The President of India also has the authority to promulgate Ordinances when both Houses are not in session. These Ordinances, while temporary, carry the same weight and power as a law passed by Parliament. In Unit 8, the position and powers of the President of India will be examined in greater detail.

Lok Sabha: The House of the People

The Lok Sabha, also known as the Lower House or the House of the People, comprises members who are directly elected by the citizens of India. It has a maximum of 530 members representing territorial constituencies in the states, 20 members representing Union Territories, and two members from the Anglo-Indian community nominated by the President if they are inadequately represented. Seats are allocated based on the principle of territorial representation, with each state receiving seats proportional to its population. Members must be at least 25 years old and meet other qualifications prescribed by law. The Lok Sabha has a five-year tenure, although it can be dissolved earlier by the President.

Rajya Sabha: The Council of States

Rajya Sabha, also known as the Council of States, represents the states of India and comprises no more than 250 members. Twelve members are nominated by the President for their expertise in literature, science, art, and social service, while the remaining members are elected by the members of the State Legislative Assemblies based on the state's population. The Rajya Sabha has an indirect election process and is a permanent body, with one-third of its members retiring every two years. Members serve a six-year term.

Special Powers of the Rajya Sabha

• Although the Rajya Sabha has limited influence on matters such as Money Bills and votes of no-confidence, it possesses certain special powers granted by the Constitution. Under Article 249, the Rajya Sabha can pass a resolution with a two-thirds majority, declaring a matter of national interest within the State List. Laws passed on such matters are valid for one year. 
• Additionally, under Article 312, the Rajya Sabha can pass a resolution to create one or more All India Services, also requiring a two-thirds majority. These special provisions make the Rajya Sabha a significant component of the Indian Legislature, providing continuity and stability to the system.

The Presiding Officers

Each chamber of the Indian Parliament has a presiding officer. In the Lok Sabha, the main presiding officer is the Speaker, who is supported by a Deputy Speaker. The Deputy Speaker takes over the duties and functions of the Speaker whenever they are absent. The Rajya Sabha is chaired by a Chairperson and a Deputy Chairperson, with the latter assuming the former's duties in their absence.

The Speaker

• The role of the Lok Sabha's Speaker is similar to that of the Speaker of the English House of Commons. The Speaker's office is a symbol of high dignity and authority. Upon being elected, the Speaker relinquishes any party affiliations and works impartially as the guardian of the rights and privileges of the members.
• The Speaker ensures that the proceedings of the House are conducted in an orderly and efficient manner. They maintain decorum within the House, decide on points of order, and interpret and apply the House's rules. The Speaker's decisions on such matters are final. They also certify whether a bill is a money bill and authenticate that the House has passed the bill before it is presented to the other chamber or the President of India for approval. In consultation with the leader of the House, the Speaker determines the order of business and decides on the admissibility of questions, motions, and resolutions. The Speaker does not vote initially but can exercise a casting vote in the event of a tie. They appoint the chairpersons of all House committees and oversee the House's secretarial staff. The Speaker's conduct cannot be discussed in the House without a substantive motion, and their salary and allowances are charged to the Consolidated Fund of India.
• A unique aspect of the Speaker's office is that it is not vacated when the House is dissolved. The Speaker remains in office until a new House elects their successor. The Deputy Speaker presides over the House in the Speaker's absence.

The Chairperson of Rajya Sabha

• The Vice-President of India serves as the ex-officio chairperson of the Rajya Sabha, the upper house of the Indian Parliament. However, during times when the Vice-President assumes the role of the President or carries out the President's functions, they do not perform their duties as the presiding officer of the Rajya Sabha. The Vice-President's election involves members of both Houses of Parliament assembled at a joint meeting, following a system of proportional representation through a single transferable vote. Voting in these elections is done through a secret ballot.
• The Vice-President does not have membership in either House of Parliament or any State Legislature. Their term of office lasts for five years from the date they enter office, or until they resign or are removed from office by a resolution passed by a majority of Rajya Sabha members and agreed upon by the Lok Sabha. The responsibilities and duties of the Rajya Sabha Chairperson are similar to those of the Lok Sabha Speaker.

Legislative Procedure in India: An Overview

1. Introduction of a Bill: The first stage of legislation involves introducing a bill, which contains the proposed law and is accompanied by the "Statement of Objects and Reasons." The introduction of the bill is also known as the first reading. Bills can be ordinary or money bills and may be introduced in either House of Parliament. A bill must pass both Houses before being presented for the President's assent. Bills can be introduced by ministers or private members and must be published in the Gazette.
2. Four Alternative Courses: After its introduction, a bill may be taken into consideration, referred to a Select Committee of the House, referred to a Joint Committee of both Houses, or circulated for soliciting public opinion. The first three options are usually adopted for routine legislation, while the last option is used when the proposed legislation is likely to cause public controversy and agitation.
3. Consideration and Amendments: If a bill is taken into consideration, amendments are proposed, and a clause-by-clause examination of the provisions is undertaken. If referred to a Select Committee, the Committee reviews the bill and submits a report to the House. Clauses of the bill can then be considered and amended. This stage is the most time-consuming.
4. Third Reading and Passing: In the third stage, the member in charge moves that "the bill be passed." The third reading is usually brief, with only verbal or purely formal amendments being moved. Once all amendments are disposed of, the bill is passed in the House where it was introduced and then transmitted to the other House for consideration.
5. Consideration by the Other House: The other House can either pass the bill as sent by the originating House, reject or amend it and return it to the originating House, or not take any action on the bill for more than six months, which is considered as rejection
6. Resolving Disagreements between Houses: If the Houses do not agree on the returned bill, the President can convene a joint-sitting of both Houses to resolve the disputed provision, which is finally adopted or rejected by a simple majority vote of those present and voting.
7. Presidential Assent: A bill that is passed by both Houses is presented to the President for their assent. If the President assents, the bill becomes an Act and is placed in the Statute Book. If the President withholds their assent, the bill is rejected. The President can also return the bill for reconsideration, but if the Houses pass the bill again, the President cannot withhold their assent.

In conclusion, the legislative procedure in India is a lengthy, complex, and time-consuming process. Proper drafting of bills and skillful soliciting of opposition support can make the task of passing a bill easier.

Money Bills

• A finance bill is a type of legislation that deals with matters related to revenue and expenditure. However, it is important to note that not all finance bills are categorized as money bills. According to Article 110 of the Indian Constitution, a bill can only be considered a money bill if it has been certified by the Speaker of the Lok Sabha.
• Money bills hold a unique position in the Indian parliamentary system, as they can only be introduced in the Lok Sabha and not in the Rajya Sabha. After the Lok Sabha passes a money bill, it is sent to the Rajya Sabha for review. The Rajya Sabha, however, cannot reject a money bill outright. Instead, it has a limited timeframe of 14 days to provide its recommendations on the bill, which the Lok Sabha may choose to accept or reject.
• If the Lok Sabha accepts any of the Rajya Sabha's recommendations, the money bill is considered to have been passed by both Houses of Parliament. On the other hand, if the Lok Sabha does not accept any recommendations, the money bill is still treated as having been passed by both Houses, without any amendments. In case the Rajya Sabha fails to return the money bill within the stipulated 14-day period, the bill is deemed to have been passed by both Houses in its original form.

Parliamentary Privileges

Parliamentary Privileges and Devices to Control the Executive
1. Types of Parliamentary Privileges
Parliamentary privileges are rights that ensure the free and efficient functioning of Parliament members. These privileges are divided into two categories: enumerated and unenumerated.
Enumerated Privileges

• Freedom of speech in Parliament
• Immunity from legal proceedings for speeches and votes
• Immunity from liability for authorized publications
• Freedom from arrest in civil cases during sessions and 40 days before and after
• Exemption from attending court as a witness

Unenumerated Privileges: These privileges empower the Indian Parliament to punish anyone, whether a member or not, for contempt of Parliament.

2. Mechanisms to Control the Executive
Parliament controls the executive through various devices, including:

• Question Hour: Members can ask questions to point out shortcomings in the administration and ascertain the government's policy.
• Request for Discussion: If a member is unsatisfied with an answer, they can request a discussion in public interest with the presiding officer's permission.
• Calling Attention to Matters of Public Importance: Members can request a Minister to make a statement on a matter of public importance.
• Adjournment Motion: This extraordinary procedure allows members to set aside normal business to discuss urgent matters of public importance. Adoption of an adjournment motion amounts to censure of the government.

3. Parliamentary Committees
These committees help Parliament oversee and scrutinize the executive's functioning. Important committees include:

• Public Accounts Committee
• Estimates Committee

These committees provide a platform for discussing controversial matters impartially and utilizing the experience and abilities of members. They also serve as training grounds for future ministers and presiding officers.

State Legislature

The state legislature in India comprises the Governor and the Legislative Assembly. These legislatures share similarities with the Parliament of India, but differ in terms of their structure. Some states have bicameral legislatures, consisting of the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad), while others have unicameral legislatures with only a Vidhan Sabha. The choice of having a unicameral or bicameral legislature was left to the states, with financial considerations often playing a significant role in the decision-making process. As of 2019, only seven out of twenty-nine states have opted for bicameral legislatures.

• The Legislative Assembly of each state is composed of members chosen through direct elections based on adult suffrage from territorial constituencies. The size of the Assembly varies from a minimum of 60 to no more than 500 members, with a duration of five years.
• The membership of the Legislative Council, where it exists, ranges between 40 and one-third of the total membership of the Assembly. The Council is composed of both elected and nominated members, with the Governor nominating 1/6 of the total members. The remaining members are indirectly elected through a complex formula involving graduates, educators, and members of the Assembly.
• The role of the Legislative Council is generally considered weaker than that of the Legislative Assembly. This is due to several factors such as the Council's mixed composition, its dependency on the Assembly's will for survival, and the Council

Conclusion

In conclusion, the legislative system in India operates at both the union and state levels, with the Parliament of India being the supreme representative authority at the national level. The Parliament consists of the President, the Lok Sabha, and the Rajya Sabha, while state legislatures comprise the Governor and the Legislative Assembly, with some states also having a Legislative Council. The legislative process involves several stages, including the introduction of bills, consideration by both Houses, and Presidential assent. Additionally, various parliamentary privileges and mechanisms are in place to ensure the smooth functioning of the legislature and to maintain control over the executive.

Frequently Asked Question (FAQs) of Principal Organs of Union & State Govt

What are the two Houses of the Indian Parliament called?

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

What is the difference between a money bill and a finance bill in the Indian Parliament?

A money bill deals specifically with matters related to revenue and expenditure, and can only be introduced in the Lok Sabha. It must also be certified by the Speaker of the Lok Sabha. A finance bill, on the other hand, is a broader term that can include money bills as well as other financial legislation.

How does the Parliament of India control the executive?

The Parliament controls the executive through various devices such as the Question Hour, Request for Discussion, Calling Attention to Matters of Public Importance, Adjournment Motion, and Parliamentary Committees.

How many states in India have bicameral legislatures?

As of 2019, only seven out of twenty-nine states have opted for bicameral legislatures, consisting of the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).

What is the role of the President of India in the legislative process?

The President of India has several important responsibilities related to the Parliament. They have the authority to summon and prorogue the House between sessions, dissolve the Lok Sabha, and approve bills before they become law.