NCERT Summary: Legislature- 1

Table of Contents
1. Introduction
2. Why do we need a Parliament?
3. Why do we need two Houses of Parliament?
4. Rajya Sabha
5. Lok Sabha
6. Special powers of the Rajya Sabha
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Introduction

The legislature is the elected body that makes laws and acts on behalf of the people. Studying the legislature shows how representative institutions function in a democracy, how they hold the executive accountable, and how they deliberate on public policy. This chapter explains the composition and functioning of the Parliament of India and the State legislatures, and the importance of these institutions in a democratic system.

Why do we need a Parliament?

• The legislature is not merely a law-making body; law-making is only one of its functions. The legislature is the central arena for democratic politics where debates, protests, walkouts, consensus and scrutiny take place. These activities allow citizens' representatives to discuss public problems and make collective decisions.
• The legislature makes the government accountable to the people. Representatives question ministers, seek explanations and can withdraw support from a government that fails to command a majority in the directly elected House. This accountability is the basis of representative democracy.
• In many democracies, including India, the executive (the Cabinet) plays a central role in initiating policies and setting the agenda. However, the Cabinet must retain the confidence of the legislature; a strong government remains answerable to the Parliament. The Parliament thus remains a principal democratic forum and has the constitutional power to choose and dismiss the government.

Why do we need two Houses of Parliament?

• The term Parliament denotes the national legislature. India's Parliament is bicameral - it has two Houses. A legislature with two Houses is called a bicameral legislature. State legislatures may be unicameral or bicameral; at present only a few States have two Houses.
• The two Houses of the Indian Parliament are the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The Constitution allows States to choose their own legislative structure; the parliamentary (national) legislature, however, is bicameral.

• Large and diverse countries frequently adopt bicameralism to provide representation both to the people (usually through a directly elected lower house) and to territorial units or regions (usually through an upper house). A second chamber can ensure that regional interests are represented in the national legislature.
• A bicameral legislature provides a built-in mechanism for reconsideration and review: a proposal approved by one House is examined by the other. This "double check" helps avoid hasty decisions and improves the quality of legislation by subjecting proposals to two rounds of scrutiny.

Rajya Sabha

• The Rajya Sabha (Council of States) is intended to represent the States and Union Territories of India. Its members are not directly elected by the general electorate; they are elected by the elected members of the State Legislative Assemblies. This is an example of indirect election.
• Two broad principles can govern representation in an upper house: equal representation of territorial units (symmetrical representation) or representation in proportion to population. The United States Senate follows the first principle: each state, regardless of population, has equal representation in the Senate. India follows a different method: representation in the Rajya Sabha is allocated roughly in proportion to the population of the States (details of allocation are given in the Fourth Schedule of the Constitution).
• The framers of the Constitution chose population-based representation to avoid the large disparity that would result if very small States had the same membership as very large States. For example, populous States like Uttar Pradesh send many more members to the Rajya Sabha (Uttar Pradesh sends 31 members) than small States like Sikkim (which sends one member).
• Members of the Rajya Sabha are elected for a term of six years and are eligible for re-election. The Rajya Sabha is a permanent House because it is not dissolved. One third of its members retire every two years and elections are held for those seats. This staggered retirement maintains continuity in the House.
• The method of election to the Rajya Sabha is proportional representation by means of the single transferable vote, where elected members of State Legislative Assemblies cast votes to elect Rajya Sabha members in multi-member constituencies (the State is the constituency).
• In addition to elected members, the President of India nominates up to twelve members to the Rajya Sabha from among persons who have distinguished themselves in literature, science, art, social service or other fields of public life.
• The permanence of the Rajya Sabha gives it an advantage: even when the Lok Sabha is dissolved and national elections are in progress, the Rajya Sabha can meet and carry out urgent parliamentary business.

Lok Sabha

• The Lok Sabha (House of the People) and the State Legislative Assemblies are directly elected by the people. For elections, the country (or the State) is divided into territorial constituencies of roughly equal population. One representative is elected from each constituency through universal adult suffrage, where each vote has equal value.
• At present there are 543 Lok Sabha constituencies; this number has remained fixed since 1971. The Lok Sabha is elected for a maximum term of five years, after which fresh elections must be held. The Lok Sabha can, however, be dissolved earlier, and it can also be extended for a limited period under exceptional circumstances (as provided by the Constitution).

• Legislative functions: The Parliament enacts laws for the country. Bills are usually prepared by the bureaucracy under the direction of the concerned Minister and the Cabinet decides on the substance and timing of important bills. Although non-ministers may introduce private member bills, major legislation typically requires government support to be passed.
• Control of the executive and accountability: A primary function of Parliament is to ensure that the executive acts within its authority and remains accountable. Ministers must answer questions, participate in debates and justify policies before the House that can pass a motion of no confidence against the government.
• Financial functions: The Lok Sabha has special powers over money and finances. The government needs parliamentary approval to raise taxes and to spend public money. The annual budget and financial statements are presented in Parliament and must be approved by the Lok Sabha.
• Parliament monitors government revenues and expenditures through debates, questions, special committees (such as the Public Accounts Committee and Estimates Committee) and other parliamentary procedures.
• Representation: Parliament brings together representatives from different regions and social groups and provides a forum where diverse interests are articulated.
• Debating function: Parliament is the highest forum of public debate. Members may discuss any matter of public importance; such debates help in analysing issues and shaping public policy.
• Constituent function: Parliament has the power to amend the Constitution. Constitutional amendments require a special majority in both Houses and, for certain provisions, ratification by at least half of the State Legislatures.
• Electoral functions: Parliament participates in constitutional electoral processes. The President of India is elected by an electoral college that includes elected members of both Houses of Parliament and elected members of the State Legislative Assemblies. The Vice-President of India is elected by members of both Houses of Parliament.
• Judicial and removal functions: Parliament has procedures to consider removal of high constitutional officials. It conducts impeachment proceedings against the President and has the power to remove judges of the Supreme Court and High Courts through a prescribed parliamentary process.
• Discussion points for students: Do you think the composition of the Rajya Sabha protects the interests of States? Should Rajya Sabha members be directly elected by the people? Since 1971 the number of Lok Sabha seats has not increased. Should the number of seats be increased, and on what basis?

Special powers of the Rajya Sabha

• The Rajya Sabha is intended to protect the federal character of the Union and to represent the interests of the States. For this reason, if the Parliament (the two Houses) wishes to make a law on a matter in the State List in the national interest, the proposal requires the concurrence of the Rajya Sabha. Such provisions help safeguard State powers.
• However, in practice, Rajya Sabha members often act along party lines rather than purely as State representatives.
• Exclusive powers of the Lok Sabha: The Lok Sabha alone can pass money bills. The Rajya Sabha cannot initiate, amend or reject money bills; it can only make recommendations within a limited time (fourteen days), and the Lok Sabha may accept or reject those recommendations. The Council of Ministers is responsible to the Lok Sabha; consequently, only the Lok Sabha can remove the government by passing a no-confidence motion.
• In all other legislative matters - including ordinary legislative bills, constitutional amendments, impeachment, and removal proceedings - both Houses enjoy co-equal powers, subject to the particular provisions of the Constitution.
• If the two Houses disagree on an ordinary bill, the Constitution provides a procedure for a joint sitting of both Houses to resolve the deadlock; money bills are excluded from this procedure.