Legislature

Why do we need a parliament?

Legislature is not merely a law making body.
Law making 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, concerned and cooperation.
The legislature helps people in holding the representatives accountable.
Legislature are losing Central Place to the executive.
In India too, cabinet initiates policies, sets the agenda for governance and carries them through.
A strong leader has to face the Parliament and answer to the satisfaction of the Parliament.
It is recognised as one of the most democratic and open forum of debate.

Why do we need two houses of parliament?

The term Parliament refer to the national legislature.
The Legislature of the states is described as a 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 houses of the people or the Lok Sabha.
The constitution has given the states the opinion of establishing other on unicameral or bicameral legislature.
At present only 7 States have a bicameral legislature.

States having a bicameral legislature:

Andhra Pradesh
Bihar
Jammu and Kashmir
Karnatak
Maharashtra
Telangana
Uttar Pradesh.

A bicameral legislature has one more advantage.
A bicameral legislature make its possible to have every decision reconsidered.
Every decision taken by one house goes to the other house off its decision.

Rajya Sabha

Each of the two houses of Parliament has different basis of Representation.
The Rajya Sabha represents the states of India is it is and 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.
one way is to give equal representation to all the part of the country in respective of their size of population.
The country may be given representation according to their population.
In the USA, every state has equal representation in the Senate .
The system of Representation adopter of the Rajya Sabha is different from that in the USA.
The number of members to be elected form each state has been fixed by the fourth schedule of the constitution.
Uttar Pradesh with a population of 1998. 12 lakh would get seats equal to that of Sikkim whose population is only 6.10 lakh.
The farmers of the Constitution wanted to prevent suChris discrepancy .
Member of the Rajya Sabha are elected for a term of 6 years.
All members of the Rajya Sabha do not complete their term at the same time
Every two years one third members of the Rajya Sabha complete their term and elections are held for those one third seats only.
The Rajya Sabha is never fully dissolved it is called the permanent of the Parliament.
The meeting of the Rajya Sabha can be called and urgent business can be contacted .
Apart from the elected members , Rajya Sabha also has 12 nominated members. The president nominated this members.

Lok sabha

The Lok Sabha and the state legislative assemblies are directly elected by the people.
One representatives elected from each constituency throw Universal adult suffrage where the value of vote of every individual would be equal to another.
At present there are 543 constituency this number has not changed since 1971 census.
The Lok Sabha is elected for a period of five years this is the maximum.

What does the Parliament do?

Apart from law making the parliament is engaged in many other function.

Let us list the functions of the Parliament

Legislative function

The parliament in acts legislations for the country.
The actual task of drafting the bill is performed by the Bureaucracy under the supervision of the Minister concerned.
The substance and even the timing of the bill are decided by the cabinet.
No measure bill is introduced in the Parliament without the approval of the cabinet.

Control of Executive and insulating its accountability:

Perhaps the most vital function of the Parliament is to ensure that the executive does not overstep its authority and remain responsible to the people who have elected them.

Financial function:

Government is about spending a lot of money in various matters.
Every government Rises resources through taxation.
The financial power of the Parliament involved in Grant of resources to the government to implement its programs.
The government has to give an account to the legislature about the money it spend and resources that it wishes to rise.
The legislature also ensure that the government does not misspend or overspend.

Representation:

Parliament represents the giant views of member from different regional, social, economic, religious group of different part of the country.

Debiting function:

The parliament is the highest forum of debate in the country.
There is no limitation on its power of discussion.

Constituent function:

The Parliament has the power of discussing and enacting change to the constitution.
The constituent powers of both the houses are similar.
All constitutional amendments have to be approved by a special majority of both houses.

Electoral functions:

The Parliament also perform some electrode functions
It elects the President and Vice President of India.

Judicial functions:

The judicial functions of the Parliament include considering the proposals for removal of president ,Vice-President and judge of High Court and Supreme Court.
Power of Loksabha
Make laws on matter included in union list and concurrent list introduced and enact money and non money bills.
Approves proposal for texans budgets and annual financial statements.
Amends the constitution.
Improves the proclamination of emergency.

Powers of Raja Sabha

Considers and approves non money bill and suggest amendment to money bills point
Approves constitutional amendment.
Exercise exercises control over the executive by asking questions, introducing motion and resolutions.

Special power of Rajya Sabha.

The Rajya Sabha is an institutional mechanism to provide representation to the states.
Its purpose is to protect the power of the states full stop 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 national the approval of the Rajya Sabha is necessary.
Powers exercised only by the Lok Sabha:
The Rajya Sabha cannot initiate reject or amend money bills.
The Council of Ministers is responsible to the Lok Sabha and not Rajya Sabha.
The Rajya Sabha is elected by the MLS and not directly by the people.
In a democratic form as adopted by our constitution of the people are the final authority.
In all other is a comma including passing of no money bills, constitutional amendments and implement the president and removing the power of Lok Sabha and Rajya Sabha are co equal.

How does the Parliament make laws?

The basic function of any legislature is to make law for its people.
A definite procedure is followed in the process of making law.
Some of the procedure of law making are mentioned in the constitution will some have evolved from conventions.
Law making is thought not merely a Legal procedure but also political course of action.

Bills:

A bill is a draught of the proposed laws.
There can be differentiate type of bills.
A bill proposed by a Minister is described as government bill.
A bill is introduced in the Parliament there may be of lot of debate on the need for introducing such a bill.

Types of Bills

Government bill
private members bill
No money bill

Ordinary bill
Constitution Amendment Bill

4. Money bill

A bill may be introduced in the Lok Sabha or Rajya Sabha by a member of house.
A money bill can be introduced only in Lok Sabha full stop.
Once passed there it is sent to the Rajya Sabha.
A large part of the discussion on the bill take place in the committee.
the Recommendation of the committee is then sent to the house.
This is the second stage in the law making process.
In the third and final stage the bill bill is voted upon.
If a non money bill is passed by a bi on house it is sent to the house where it goes through actually the same procedure a bill has to be passed by both houses for enactment.
In the few instances when joint session of the Parliament were called to resolve deadlock discussion has also gone in favour of the Lok Sabha.
If it is a money bill in the Rajya Sabha can either approve the bill or suggest changes but cannot reject it.
If it take no action within 14 days the bill is paid to have been passed .
Amendments to the bill suggested by Rajya Sabha, may or may not be accepted by the Loksabha.
When a bill is passed by both houses, it is sent to the president for his assent.
The assent of the president results in the enactment of a bill into a law.

How does the Parliament control the executive?

In a parliamentary democracy .

the executive is drawn from the party or of qualification of parties that has a majority in Lok Sabha.
In such a situation parliamentary democracy May slip into cabinet director ship, where the cabinet lead and the house merely follows.
Only if the parliament is active and really get brilliant can it keep regular and effective check on the executive.
For instance, no action can be taken against the a member for whatever.
The member may have said in the legislature.This is known as parliamentary privileges.
The president preceding officer of the Legislature has the final powers is deciding matters of breach of privilege.
The main purpose of such privilege in to enable the members of the Legislature to represent the people and exercise effective control over the executive.

Instruments of parliamentary control

The legislature is parliamentary system in shorts executive accounts ability at various stages:
Police making, implementation of law policy and during and post implementation stage.
The legislature does this through the use of a variety of device:

Deliberation and discussion
approval or refusal of laws
financial control
no confidence motion

Deliberation and discussion:

During the law making process members of the Legislature get an opportunity to deliberate on the policy direction of the executive and the way is which policies are implemented.
The question hour which is held every day during the Seasons of Parliament aware ministers have to respond to searching question raised by the members. Zero hour where members are free to rise any matter that they think is important half and hour discussion on matters of public employee importance at the element motion etc.
Are some instrument of exercising control.
Members of parliament have shown great interest in question hour and maximum attendance in is recorded during this time.
Most of the question am collecting information from the government on issues of public interest such as price rise availability of food grain Atta city on weaker section of the society right black-marketing etc.
The discussion during the question are also hated that it is not uncommon to see members rice their voice for a walk to the well of the house or walk out in protest to make their point.

Approval and ratification of law.

A bill can become a law only with the approval of the Parliament.
A government that has the support of the disciplined maturity may not find it difficult to get the approval of the Legislature.
If the government has majority in Lok Sabha but not in the Rajya Sabha as has happened during the Janata party rule in 1977 and N. D. A rule in 2000,the government will be forced to make the substantial concession to gain the approval of both the houses.
Many bills, such as the lok Pal bill have failed enactment, prevention of terrorism bill 2002 was rejected by the Rajya Sabha.

Financial control:

As mentioned earlier financial resource to implement the programs of the government are granted through the budget.
Preparation and presentation of budget for the approval of the Legislature is Constitutional obligation of the government.
The legislature Mein refused to grant resources to the government.
The legislature is concerned about the policy of the government that are reflected in the budget.
Through financial control the legislature controls the policy of the government.

No confidence motion:

The most powerful weapon that enable the Parliament to ensure the executive accountability is the no confidence motion.
After 1989, several governments have been forced to resign due to lack of confidence of the house.
Each of these governments lost the confidence of the Loksabha because they fail to retain the support of their correlation partners.

What do the committees of Parliament do?

A significant feature of the legislative process is the appointment of committee for various legislative purpose.
These committee play a vital role not merely in law making for May but also in the day-to-day business of the house.
The making of low for intense requires in depth study of the issue under consideration.
parliamentary committee performs such functions. Since 1983, Indian has developed a system of parliamentary standing committee. There are over 20 such department related committees
Apart from standing committees, the joint parliamentary committee have occupied position of emergency in our country
joint parliamentary committee can be set up for the purpose of discussing a particular bill, like the joint committee to discuss bill or for the purpose of investigating financial irregularities.
Member of this committee as select from both house
The committee system has reduced the burden on the Parliament
Many important will have been referred to committee
The Parliament has merely approve the work done in the committee is with occasional alteration.

How does the Parliament regulate itself?

Parliament as mentioned earlier is a debating forum.
It is through debates that the Parliament performs all its Vittal function.
The constitution itself has made certain provisions to ensure smooth conduct of business.
The preceding officer of the Legislature is the final authority in matters of regulating the business of the Legislature.
The president officer of the Legislature is the final authority in matters of regulating the business of the Legislature.

An amendment to the constitution was made in 1985 this is known as anti defection amendment it has also been subsequently. modified by the 91st amendment
The presiding officer of the house is the authority to take Final Decision on all such cases .
if it is approved that a member has defect then such member lose the membership of the house.

B.R.Foundation

Class - 11NCERT political chapter - 5