politicz

• Legislature is not merely a law-making body
• Lawmaking is one of the functions of the legislature
• The legislature is the center of all democratic political processes
• A genuine democracy is inconceivable without a representative, efficient, and effective legislature
• The legislature helps in holding representatives accountable, which is the basis of representative democracy
• The term "Parliament" refers to the national legislature
• The Parliament in India has two houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha)
• The Constitution allows States to have either a unicameral or bicameral legislature
• Advantages of a bicameral legislature:

  • Provides representation to all sections of society and geographical regions
  • Allows every decision to be reconsidered
  • Ensures a double check on every matter
• Rajya Sabha:

  • Represents the States of India
  • Indirectly elected body
  • Members elected by State Legislative Assembly
  • Principles of representation: symmetrical representation and representation based on population
  • Members serve a term of six years and can be re-elected
  • One-third of members complete their term every two years
  • Never fully dissolved, known as the permanent House of Parliament
  • Includes twelve nominated members appointed by the President
• Lok Sabha:

  • Directly elected by the people
  • Divided into territorial constituencies
  • One representative elected from each constituency
  • Currently has 543 constituencies
• Functions of the Parliament:

  • Legislative function: enacts legislations for the country
  • Control of Executive and ensuring its accountability
  • Financial function: controls taxation and government spending
  • Representation: represents diverse views of different groups
  • Debating function: highest forum of debate
  • Constituent function: power to discuss and enact changes to the Constitution
  • Electoral functions: elects President and Vice President
  • Judicial functions: considers proposals for removal of officials
• Powers of Lok Sabha:

  • Makes laws on Union and Concurrent List matters
  • Introduces and enacts bills
  • Approves taxation, budgets, and financial statements
  • Controls the executive through various means
  • Amends the Constitution
  • Approves Proclamation of emergency
  • Elects and removes officials
  • Establishes committees and commissions
• Powers of Rajya Sabha:

  • Considers and approves non-money bills
  • Suggests amendments to money bills
  • Approves constitutional amendments
  • Exercises control over the executive
  • Participates in election and removal of officials
  • Special powers to protect State powers
• How Parliament makes laws:

  • A bill is a draft of the proposed law
  • Types of bills: Government Bill and Private Member's Bill
  • When passed by both Houses, sent to the President for assent
• Types of Bills:

  • Government Bill
  • Private Bill
  • Non-Money Bill
  • Ordinary Bill
  • Constitution Amendment Bill
  • Money Bill
• Parliament controls the Executive through:

  • Deliberation and discussion
  • Approval or Refusal of laws
  • Financial control
  • No confidence motion
• Deliberation and discussion:

  • Members of the legislature deliberate on policy direction and implementation
  • Control exercised during general discussions in the House
  • Question Hour, Zero Hour, half-an-hour discussion, adjournment motion are instruments of control
  • Question Hour is effective for keeping vigil on the executive
  • Members raise voice, walk out in protest during discussions
  • Actions are political techniques to gain concessions from the government
• Approval and ratification of laws:

  • A bill can become a law only with Parliament's approval
  • Intense bargaining and negotiations may be required for approval
  • Government may need to make concessions to gain approval from both Houses
  • Some bills have failed enactment due to lack of approval
• Financial control:

  • Budget preparation and presentation is a constitutional obligation
  • Legislature grants resources to the government through the budget
  • Lok Sabha can discuss reasons for fund requirements
  • Legislative control aims at financial propriety and government policies
• No Confidence Motion:

  • No-confidence motion ensures executive accountability
  • Government can be forced to resign if it loses confidence of the House
  • Parliament can effectively control the executive through the no-confidence motion
  • Adequate time, interest, and willingness to compromise are essential for effective control
• Parliament Regulates Itself through:

  • Debates for performing vital functions
  • Meaningful and orderly discussions are necessary
  • Presiding officer (Speaker/Chairman) regulates the business of the legislature
• Anti-Defection law:

  • Legislators elected on a party's ticket must not defect to another party
  • 52nd amendment act in 1985 introduced anti-defection law
  • Presiding officer takes final decisions on defection cases
• Defection:

  • Absence in the House against party instructions, voting against party, leaving party membership is deemed as defection