The Union Legislature (Parliament)

Why Do We Need A Parliament? (Class 8)

A Parliament is essential in a democracy because it is the institution where the will of the people is expressed and translated into governance. It serves several vital functions:

Representation: It is the forum where elected representatives from different parts of the country come together to voice the concerns, needs, and opinions of their constituents.
Law-Making: Parliament is the supreme law-making body. It debates, amends, and passes laws that govern the country, ensuring that these laws reflect societal needs and values.
Government Formation: The government is formed based on the majority support in Parliament, making the executive accountable to the elected representatives of the people.
Control over the Executive: Parliament keeps a check on the government's actions through questioning, debates, and financial oversight, ensuring accountability and transparency.
Public Forum: It serves as a platform for public discussion on important national issues, policies, and government performance, thereby informing and engaging the citizenry.

In essence, Parliament is the symbol and instrument of popular sovereignty in a democracy.

Why Should People Decide?

In a democratic system, the principle that "people should decide" is fundamental. This is because:

Legitimacy: When people participate in deciding who governs them and how they are governed, the government gains legitimacy and authority derived from the consent of the governed.
Accountability: People can hold their elected representatives accountable for their actions and decisions. If the government fails to meet expectations or acts against the public interest, citizens can replace them in subsequent elections.
Representation of Diverse Needs: India is a vast country with immense diversity. Allowing people to decide ensures that the government is responsive to the varied needs, interests, and aspirations of different regions and communities.
Self-Determination: It upholds the right of people to shape their own destiny and manage their own affairs.
Preventing Arbitrary Rule: When decisions are made through people's representatives, it reduces the scope for arbitrary rule and ensures governance is guided by public welfare.

The Indian Constitution establishes universal adult franchise, signifying that the ultimate power rests with the people.

People And Their Representatives

In a democratic system, the relationship between the people and their representatives is the bedrock of governance.

Election: Citizens elect representatives through universal adult suffrage to voice their concerns and make decisions on their behalf in Parliament and state legislatures.
Representation: Elected representatives are expected to understand and articulate the needs, interests, and problems of their constituents in the legislative bodies.
Accountability: Representatives are accountable to the people. If they fail to act in the public interest or represent their constituents effectively, voters have the power to remove them in the next election.
Interaction: Citizens can interact with their representatives by writing to them, meeting them, or participating in public forums to express their views and concerns.
Shared Responsibility: This relationship fosters a sense of shared responsibility for governance, where citizens participate by voting and staying informed, and representatives work to serve the public good.

The effectiveness of democracy hinges on a responsive and accountable relationship between the people and their elected representatives.

The Role Of The Parliament (Class 8)

Parliament is the supreme legislative body in India, playing several vital roles in the country's governance.

To Select The National Government

Process: The political party or coalition that wins a majority in the Lok Sabha (the lower house) forms the government. The leader of the majority party is invited by the President to become the Prime Minister, and the Council of Ministers is formed under the Prime Minister. This ensures that the government is accountable to the elected representatives of the people.

To Control, Guide And Inform The Government

Parliament exercises oversight over the executive through various means:

Question Hour: MPs ask questions to ministers about government policies and actions.
Debates: Discussions on national issues and policies allow for scrutiny.
Motions: Such as 'no-confidence' motions, which can challenge the government's majority.
Financial Control: Parliament approves the budget and scrutinizes government spending.

Law-Making

Process: Parliament is responsible for making laws. Bills are introduced, debated, amended, and passed by both Houses (Lok Sabha and Rajya Sabha) before being presented to the President for assent. This ensures laws are carefully considered and reflect public opinion.

Who Are The People In Parliament?

The people in Parliament are primarily the elected representatives of the citizens. They are chosen through a democratic process to make laws and govern the country.

Members of Parliament (MPs): They are elected by the people from different constituencies across India.
Lok Sabha Members: Directly elected by adult citizens from territorial constituencies.
Rajya Sabha Members: Indirectly elected by the elected members of the State Legislative Assemblies, representing the states.
Diversity: Ideally, Parliament should reflect the diversity of India in terms of region, religion, caste, gender, profession, and socio-economic background.
Political Parties: MPs usually belong to various political parties, representing different ideologies and platforms.

These representatives are entrusted with the responsibility of voicing the people's concerns and legislating for the nation.

Legislature (Class 11)

The Legislature is the branch of government responsible for making laws. In India, the Union Legislature is called Parliament, and it plays a central role in the country's governance.

Structure of Indian Parliament: Bicameral:

Lok Sabha (House of the People): The lower house, directly elected by the people. It represents the general populace.
Rajya Sabha (Council of States): The upper house, indirectly elected by state legislators. It represents the states.
President: The President is an integral part of Parliament, though not a member of either House. The President's assent is required for a bill to become law.

Primary Functions: Law-making, controlling the executive, financial oversight, and providing a forum for national debate.

Why Do We Need A Parliament? (Class 11)

Parliament is a cornerstone of democracy, fulfilling several critical functions:

Law-Making: It is the supreme body for enacting laws that govern the nation, ensuring a systematic and deliberative process for legislation.
Representation: It provides a platform for diverse voices and interests from across the country to be heard through elected representatives.
Accountability of Executive: Parliament holds the government accountable for its policies and actions through questioning, debates, and financial oversight, preventing arbitrary rule.
Financial Control: It controls public finances by approving the budget and overseeing government spending, ensuring fiscal responsibility.
Public Debate and Information: It serves as a forum for discussing national issues, informing the public, and shaping informed public opinion.
Constitutional Amendments: Parliament plays a key role in amending the Constitution, enabling it to adapt to changing societal needs.

Parliament embodies popular sovereignty and is the central institution for democratic governance.

Why Do We Need Two Houses Of Parliament?

India's Parliament is bicameral, comprising the Lok Sabha and the Rajya Sabha. This structure is designed to provide balance, thoroughness, and federal representation in the legislative process.

Rajya Sabha

Description: The upper house, representing the states and union territories of India. It ensures that the interests of the states are considered in national legislation.

Composition: Members are indirectly elected by the elected members of the State Legislative Assemblies, with some members nominated by the President for their expertise.

Purpose:

State Representation: Gives states a voice in federal matters.
Review and Scrutiny: Acts as a deliberative body to review bills passed by the Lok Sabha, allowing for further scrutiny and amendment.
Stability: Being a permanent body (not dissolved), it provides continuity.

Lok Sabha

Description: The lower house, directly representing the people of India based on universal adult franchise.

Composition: Members are directly elected from territorial constituencies.

Purpose:

Direct Representation: Reflects the will of the electorate.
Government Formation: The government is formed based on its majority support in the Lok Sabha.
Executive Accountability: The government is accountable to the Lok Sabha.
Financial Authority: Holds primary control over financial matters like the budget.

Benefits of Bicameralism: This structure ensures more thorough consideration of legislation, provides checks and balances within the legislature, and accommodates both popular representation (Lok Sabha) and federal representation (Rajya Sabha).

What Does The Parliament Do? (Class 11)

Parliament performs a variety of functions crucial for the governance of India.

Special Powers Of Rajya Sabha

Article 249: Can pass a resolution by a special majority to enable Parliament to legislate on a State List subject in the national interest.

Article 312: Can create new All-India Services common to the Union and states by a special majority.

Powers Exercised Only By The Lok Sabha

Confidence in Government: The Lok Sabha alone can dismiss the Council of Ministers through a no-confidence motion.

Financial Supremacy: Money Bills must be introduced in the Lok Sabha, and it has the final say on financial matters.

Election of President/VP: Lok Sabha members participate in the election of the President and Vice-President.

Other Powers (Shared): Both Houses participate in law-making, constitutional amendments, and discussing national issues.

How Does The Parliament Make Laws?

The law-making process in Parliament is a structured procedure involving multiple stages:

Introduction of a Bill: A bill can be introduced in either Lok Sabha or Rajya Sabha (except Money Bills).
First Reading: Introduction and publication of the bill.
Second Reading: Detailed discussion, clause-by-clause examination, committee review, and voting on amendments. This is the most crucial stage.
Third Reading: Final debate on the bill as a whole, followed by a final vote.
Passage in the Other House: The bill then goes through similar stages in the second House.
Joint Sitting: If there's a deadlock on an ordinary bill, a joint sitting may be called.
Presidential Assent: The bill becomes law after receiving the President's assent.

This process ensures thorough deliberation and scrutiny before a bill becomes law.

How Does The Parliament Control The Executive?

Parliament exercises control over the executive (government) to ensure accountability and responsiveness.

Instruments Of Parliamentary Control

Question Hour: MPs ask questions to ministers.
Zero Hour: Raising urgent matters without prior notice.
Motions: Including No-Confidence Motion, Adjournment Motion, Calling Attention Motion.
Debates: Discussing policies and government performance.
Financial Control: Approving the budget and scrutinizing expenditure via committees (PAC, COE).
Legislation: Approving, amending, or rejecting government bills.
Parliamentary Committees: Detailed examination of executive actions and policies.

These instruments ensure that the government functions in line with parliamentary approval and public will.

What Do The Committees Of Parliament Do?

Parliamentary committees are specialized groups that assist Parliament in its work by conducting detailed examination and oversight.

Detailed Scrutiny: Examine legislation, budgets, and government policies in depth.
Expert Input: Hear from experts and stakeholders to gather information.
Oversight of Executive: Scrutinize the functioning, performance, and expenditures of government ministries and departments.
Financial Control: Financial committees (PAC, COE) ensure public funds are used judiciously.
Legislative Aid: Select and Joint committees help refine bills.
Promoting Accountability: By examining issues and reporting, they enhance executive accountability to Parliament.

Committees act as Parliament's 'eyes and ears', ensuring efficient governance.

How Does The Parliament Regulate Itself?

Parliament maintains order and ensures the smooth conduct of its business through internal rules and procedures:

Rules of Procedure: Both Lok Sabha and Rajya Sabha have their own rules governing debates, question-asking, bill passage, and voting.
Presiding Officers: The Speaker (Lok Sabha) and Chairman (Rajya Sabha) enforce these rules, maintain decorum, and guide proceedings.
Parliamentary Privileges: MPs have certain privileges that enable them to perform their duties freely.
Disciplinary Actions: The presiding officer can take action against members who disrupt proceedings, including suspension.
Internal Committees: Bodies like the Business Advisory Committee and Rules Committee manage parliamentary business and procedures.
Party Whips: Whips ensure party discipline and guide members' participation.

These self-regulatory mechanisms ensure that parliamentary functioning is orderly and effective.