LEGISLATURE (PARLIAMENT)

Introduction

• The Legislature is one of the three organs of the government, along with the Executive and the Judiciary.
• It is primarily responsible for making laws, representing the people, and checking the powers of the executive.
• In India, the legislature is known as Parliament, which functions at the national level, while states have their Legislative Assemblies.
• The term “Parliament” comes from the French word parler, meaning “to speak” – a place where people debate and make decisions.
• The legislature is a crucial pillar of democracy as it ensures that citizens’ voices are heard and policies reflect public interest.
• Functions of the legislature include:
  1. Lawmaking – Enacting, amending, and repealing laws.
  2. Representation – Representing citizens from different regions, communities, and interests.
  3. Control of the Executive – Ensuring accountability of the government.
  4. Financial Control – Approving budgets and expenditures.
  5. Deliberation – Discussing public issues and policies.

WHY DO WE NEED A PARLIAMENT?

• Parliament is essential for democratic governance. Key reasons:
  1. Law-making Authority: Only Parliament can make laws for the whole country.
  2. Representation of Citizens: Members of Parliament (MPs) are elected to voice citizens’ concerns.
  3. Accountability of Executive: Parliament monitors and checks government actions.
  4. Financial Oversight: Parliament authorizes government spending through budget approvals.
  5. Debate and Deliberation: It provides a platform for discussion on policies, bills, and national issues.
  6. Legitimacy to Laws and Policies: Laws passed in Parliament carry national legitimacy and enforceability.
  7. Conflict Resolution: Parliament ensures peaceful resolution of differences through dialogue rather than violence.

WHY DO WE NEED TWO HOUSES OF PARLIAMENT?

• India has a bicameral system – two houses: Lok Sabha (Lower House) and Rajya Sabha (Upper House).
• Reasons for two houses:
  1. Representation of States: Rajya Sabha represents states and union territories, ensuring federal balance.
  2. Review and Revision: Laws passed by Lok Sabha are examined in Rajya Sabha to avoid hasty legislation.
  3. Checks and Balances: Two houses provide a safeguard against misuse of power by a single body.
  4. Diverse Interests: Lok Sabha represents the people directly, Rajya Sabha represents states and experts.
  5. Stability in Legislation: Rajya Sabha is a permanent body, which prevents abrupt changes in law due to sudden political shifts in Lok Sabha.

RAJYA SABHA (COUNCIL OF STATES)

• Rajya Sabha is the Upper House of Parliament.
• Composition:
  1. Maximum 250 members.
  2. 12 members are nominated by the President for contributions to literature, science, art, and social service.
  3. Remaining members are elected by state and union territory legislatures using proportional representation.
• Tenure: 6 years; one-third of members retire every two years.
• Powers and Functions:
  1. Legislative Powers: Can make laws on any subject except money bills, which can only originate in Lok Sabha.
  2. Amendment of Constitution: Shares responsibility with Lok Sabha to amend the Constitution.
  3. Federal Representation: Gives voice to states in national legislation.
  4. Control over Executive: Questions ministers, participates in debates, and can seek explanations from the government.
  5. Special Powers: During national emergency, Rajya Sabha can authorize Parliament to make laws on state subjects.

LOK SABHA (HOUSE OF THE PEOPLE)

• Lok Sabha is the Lower House of Parliament and represents the direct will of the people.
• Composition:
  1. Maximum 552 members.
  2. 530 from states, 20 from union territories, 2 nominated by President for Anglo-Indian community (now abolished in 104th amendment).
• Tenure: 5 years, unless dissolved earlier.
• Functions:
  1. Lawmaking: Initiates and passes bills including money bills.
  2. Control of Executive: Can remove government through vote of no confidence.
  3. Financial Control: Approves budget, taxes, and government expenditure.
  4. Representation: Acts as the voice of citizens.
  5. Deliberation: Discusses policies, bills, and national issues.

POWERS OF RAJYA SABHA

• Legislative Powers: Can discuss bills passed by Lok Sabha and suggest amendments.
• Review Powers: Provides a second opinion on important legislation.
• Financial Powers: Can delay money bills for 14 days, but cannot reject them.
• Control Over Executive: Can question ministers, participate in debates, and hold discussions.
• Emergency Powers: Can authorize Parliament to legislate on state subjects during national emergency.
• Constitutional Amendment: Shares power with Lok Sabha to amend Constitution.

HOW DOES THE PARLIAMENT MAKE LAWS?

1. Introduction of Bill:
   • Can be introduced in either house (except money bills, which start in Lok Sabha).
   • Types of bills: Government bills and Private member bills.
2. First Reading:
   • Bill is introduced, objectives explained, and general discussion takes place.
3. Second Reading:
   • Detailed discussion clause by clause.
   • Amendments may be proposed.
4. Third Reading:
   • Final discussion and voting on the bill.
5. Approval by Other House:
   • Bill is sent to the other house, where similar procedure is followed.
6. President’s Assent:
   • After both houses pass the bill, it goes to the President for approval.
   • Upon assent, it becomes law.
7. Special Bills:
   • Money bills must be passed by Lok Sabha; Rajya Sabha can suggest changes.
   • Constitutional amendment bills require two-thirds majority in both houses.

HOW DOES THE PARLIAMENT CONTROL THE EXECUTIVE?

1. Question Hour:
   • Ministers are interrogated on policies and decisions.
2. Zero Hour:
   • MPs raise urgent public issues.
3. Debates and Discussions:
   • Ministers must justify government actions during discussions.
4. Vote of No Confidence:
   • Lok Sabha can remove government if it loses majority support.
5. Financial Control:
   • No money can be spent without Parliamentary approval.
6. Committees:
   • Standing and Select Committees scrutinize bills, budget, and government policies.
7. Adjournment Motion & Calling Attention Motion:
   • Tools to highlight government failures or public grievances.

HOW DOES THE PARLIAMENT REGULATE ITSELF?

1. Rules of Procedure:
   • Each house has its own rule book governing debates, voting, and behavior.
2. Presiding Officers:
   • Lok Sabha: Speaker; Rajya Sabha: Vice-President of India.
   • They maintain order, control debates, and decide on points of procedure.
3. Committees:
   • Departmental, Financial, and Ad-hoc Committees ensure smooth functioning.
4. Discipline:
   • Members must follow ethical conduct, dress code, and seating arrangements.
5. Voting Procedure:
   • Voice vote, division vote, or electronic voting ensures fair decision-making.
6. Code of Conduct:
   • MPs must declare assets, interests, and avoid conflicts.
7. Privileges:
   • Members enjoy freedom of speech, immunity in debates, and protection from certain legal actions to function effectively.

Conclusion

• Parliament is the heart of democracy, representing the voice, rights, and aspirations of citizens.
• Through its law-making, oversight, and deliberative functions, it ensures accountability and transparency in government.
• A bicameral system strengthens democracy by balancing popular representation and federal interests.
• By regulating itself through rules, committees, and ethical standards, Parliament maintains order, fairness, and effectiveness.
• Ultimately, a strong and functioning legislature is essential for the stability, growth, and democratic health of the nation.