Chapter 3 Parliament And The Making Of Laws

India is a nation that takes pride in its democratic identity. Understanding Indian democracy involves examining the relationship between the concepts of **citizen participation in decision-making** and the necessity for all democratic governments to operate with the **consent of their citizens**.

These principles collectively form the foundation of India's democracy, and they are most prominently embodied in the institution of the **Parliament**. This chapter will explore how the Indian Parliament facilitates citizen participation in decision-making processes and serves as a mechanism for citizens to hold the government accountable. In doing so, it highlights the Parliament's significance as a central symbol of Indian democracy and a key feature established by the Constitution.

India achieved independence on August 15, 1947, after a long and arduous struggle involving various sections of society. Participants in the freedom movement were inspired by ideals such as **freedom, equality, and the right to participate in decision-making**.

Under colonial rule, Indians lived in fear of the British government and were unable to openly criticise its decisions without facing severe repercussions. The freedom movement transformed this situation, empowering nationalists to openly challenge and criticise the British administration and voice their demands.

As early as 1885, the Indian National Congress articulated demands for elected representatives in the legislature, granting them the right to discuss the budget and ask questions. The Government of India Act of 1909 introduced limited elected representation in legislatures, but it did not extend voting rights to all adults, nor did it truly allow for widespread participation in decision-making.

Drawing from the colonial experience and the broad participation in the freedom struggle, Indian nationalists were firmly convinced that all citizens of independent India should have the right to participate in decision-making processes. With independence, Indians became citizens of a free country, implying that the government was not free to act arbitrarily but had to be responsive to the needs and demands of the people. This aspiration was concretised in the Constitution of independent India through the principle of **universal adult franchise**, granting all adult citizens the right to vote.

The photo shows a voter learning to use an Electronic Voting Machine (EVM). EVMs were first used nationwide in the 2004 general elections, replacing paper ballots and saving a large number of trees.

People And Their Representatives

The fundamental concept of democracy is **consent**, which refers to the approval, desire, and active participation of the people. It is the people's decision, expressed through democratic processes, that establishes a democratic government and shapes how it functions. The core principle is that the **individual citizen is paramount**, and the government and public institutions must earn and maintain the trust of these citizens.

Citizens grant their approval to the government primarily through **elections**. In elections, people elect their **representatives** to the Parliament. From among these elected representatives, one group forms the government.

The **Parliament**, which comprises all the elected representatives collectively, plays a crucial role in **controlling and guiding the government**. In essence, through their chosen representatives, the people not only form the government but also retain a mechanism to control its actions.

The idea of representation is central to this system. Citizens choose individuals (**representatives**) to voice their concerns and make decisions on their behalf in legislative bodies like the Parliament or State Legislative Assemblies.

This photo illustrates the logistical challenges in conducting elections across diverse terrains in India, showing election staff using an elephant to transport polling materials to a remote polling station. It highlights the vast scale and complexity of ensuring representation for all citizens, even in difficult-to-reach areas.

Democratic governments today are typically referred to as **representative democracies**. In these systems, people do not participate **directly** in day-to-day decision-making. Instead, they choose their **representatives** through an election process. These representatives then gather in assemblies (like the Parliament) to make decisions on behalf of the entire population. This system is only considered democratic if it allows for **universal adult franchise**, granting all adult citizens the right to vote.

Elected members, whether in the Panchayat, State Legislative Assembly (Vidhan Sabha), or Parliament, are elected for a **fixed period**, typically five years. This system of fixed terms is in place to ensure accountability. Representatives must seek re-election after their term, allowing citizens to approve or disapprove of their performance and the government's actions. This prevents representatives from holding power for life and ensures periodic review and consent from the electorate.

Beyond elections, citizens can express their approval or disapproval of government actions through various other means, such as participating in protests, expressing opinions in the media, engaging in public debates, or joining advocacy groups. These methods serve as important forms of citizen participation and feedback in a democracy.

The Role Of The Parliament

The Indian Parliament, established after 1947, is a tangible expression of the people's faith in the principles of democracy: **participation in decision-making** and **government by consent**. The Parliament holds immense power within the Indian system because it is the supreme representative body of the people. Elections to the Parliament (Lok Sabha) are conducted every five years, similar to state legislature elections.

For Lok Sabha elections, the country is divided into numerous **constituencies**, each electing one representative to the Parliament. Candidates contesting these elections usually belong to different political parties.

The Parliament of India (**Sansad**) is the apex law-making body and consists of two Houses: the **Rajya Sabha** (Council of States) and the **Lok Sabha** (House of the People), along with the **President of India**.

• **Rajya Sabha** has a total strength of 245 members (233 elected and 12 nominated by the President) and is chaired by the Vice-President of India.
• **Lok Sabha** has a total membership of 543 elected members and is presided over by the Speaker.

This illustration shows the Parliament building, representing the central legislative body of India, where elected representatives gather to make laws and deliberate on national issues.

A. To Select The National Government

One of the Parliament's most critical functions, particularly the Lok Sabha, is to **select the National Government** (Executive). After the Lok Sabha elections, a list is compiled showing the number of MPs each political party has won.

To form the government, a political party or a coalition of parties must secure a **majority of the elected MPs** in the Lok Sabha. With 543 elected seats, a majority requires at least 272 members (half plus one).

The party or coalition that does not form the government constitutes the **Opposition**. The largest party or coalition among the opposition members is called the **Opposition party**.

The **Executive** is the group of people responsible for implementing the laws made by Parliament and running the administration. This executive is often referred to simply as the 'government'.

The **Prime Minister of India** is the leader of the party or coalition that holds the majority in the Lok Sabha. The Prime Minister selects ministers from among the MPs belonging to their party or coalition. These ministers are then assigned charge of different government departments and functions (like health, education, finance) to work with the Prime Minister in implementing decisions.

In situations where no single party achieves a clear majority (272+ seats) in the Lok Sabha, multiple political parties with similar interests often **join together to form a coalition** and collectively achieve the required majority to form the government. This is known as a **coalition government**.

The table shows the results of the 17th Lok Sabha elections in May 2019. The Bharatiya Janata Party (BJP) secured 303 seats, which is more than the required majority of 272, enabling them to form the national government.

The Rajya Sabha primarily represents the **states of India** in the Parliament. It has the power to initiate legislation, and bills passed by the Lok Sabha must also be approved by the Rajya Sabha to become law. Therefore, the Rajya Sabha plays an important role in reviewing and potentially proposing changes to legislation passed by the Lok Sabha. The members of the Rajya Sabha are elected by the elected members of the Legislative Assemblies of the respective states. Some members (12) are also nominated by the President.

B. To Control, Guide And Inform The Government

Parliament sessions begin with a **Question Hour**, which is a crucial mechanism for MPs to gather information about the government's functioning. This allows Parliament to **control the Executive**. By asking questions, MPs hold the government accountable, bring attention to its shortcomings, and convey public opinion from their constituencies to the government.

Asking questions is a vital duty for every MP. The **Opposition parties** play a particularly critical role in a democracy by highlighting flaws in government policies and programmes and mobilising support for alternative approaches. The government receives valuable feedback and is kept vigilant through the questions raised by MPs. Furthermore, Parliament's approval is mandatory for all financial matters, providing another layer of control over the government. Through these mechanisms, MPs, as representatives of the people, play a central role in controlling, guiding, and informing the Parliament and, by extension, the government, which is a key aspect of Indian democracy.

These photos show the South Block and North Block buildings in New Delhi. Built in the 1930s, they house important ministries of the Union Government (Executive), including the Prime Minister's Office, Ministry of Defence, Ministry of External Affairs (South Block), and Ministry of Finance, Ministry of Home Affairs (North Block). Their location near the Parliament signifies the close working relationship between the legislative and executive branches.

An example of a question asked in Parliament highlights how MPs seek specific information from ministers to scrutinise government actions and policies. For instance, an MP might ask the Minister of Women and Child Development about government proposals to consolidate schemes for children, seeking details about specific plans and their implementation.

How Do New Laws Come About?

The Parliament's significant role includes making laws for the country. New laws are often initiated by addressing urgent social issues and concerns raised by various groups in society. Parliament is expected to be sensitive to the problems faced by the people and translate these concerns into legislation.

The process of how a new law comes into being involves collaboration between citizens, organisations, and Parliament. The journey of the **Protection of Women from Domestic Violence Act, 2005** serves as a compelling illustration of this process.

Recognising that existing laws, often criminal in nature, did not adequately address the specific needs of women facing violence within their homes (such as protection from abuse, the right to stay in a shared household, and monetary relief), women's organisations and activists highlighted the urgent need for a new **civil law**.

The process involved:

• **Establishing the Need:** Through testimonies, reports, and advocacy in different forums throughout the 1990s, activists highlighted the problems faced by survivors of domestic violence and the limitations of existing legal options.
• **Drafting the Bill:** In 1999, a group including Lawyers Collective, activists, and law students took the lead in drafting a proposed law, the Domestic Violence (Prevention and Protection) Bill, after extensive consultations nationwide. This draft was widely circulated for feedback.
• **Lobbying and Advocacy:** Women's groups actively lobbied Parliament, government committees, and the public. They held **press conferences**, initiated **online petitions**, and made **submissions to the Parliamentary Standing Committee** reviewing the initial government bill (which was deemed insufficient) to voice their suggestions and opposition to inadequate provisions.
• **Parliamentary Process:** The issue gained enough traction to be taken up by Parliament. A bill was introduced (in 2002), reviewed by a Standing Committee (which accepted most demands from women's groups), and a new bill (incorporating suggestions) was reintroduced in 2005.
• **Enactment:** After being passed by both Houses of Parliament (Lok Sabha and Rajya Sabha), the Bill was sent to the President for assent, becoming the **Protection of Women from Domestic Violence Act, 2005**, which came into effect in 2006.

This storyboard visually traces the steps involved in transforming the social issue of domestic violence into a law. It shows women sharing their experiences, activists advocating for a new law, the drafting process, critical evaluation of the initial bill, public pressure through media and petitions, submissions to Parliament, and finally, the law being passed and celebrated as providing new rights and protections.

**Domestic violence** generally refers to physical, emotional, verbal, sexual, or economic abuse or harm caused by an adult male, typically a husband, against his wife or any woman living in a shared domestic space. The 2005 Act expanded this to include any woman who lives or has lived in a shared household with the perpetrator.

The Protection of Women from Domestic Violence Act 2005 helped achieve several rights for survivors of violence, including:

• The **right to live in a shared household**, protecting women from being unjustly evicted.
• The right to seek a **protection order** from the court to prevent further violence or abuse.
• The right to receive **monetary relief** to cover expenses like medical costs caused by the violence.

Processes used to raise awareness about the need for this law included gathering testimonies, nationwide consultations, drafting and circulating a proposed bill, holding press conferences, and starting online petitions.

People lobbied Parliament in different ways, such as making formal **submissions to the Parliamentary Standing Committee** reviewing the bill and holding **press conferences** to mobilise public opinion and pressure lawmakers.

This poster with the phrase 'Equal Relationships are Violence Free' suggests that violence often stems from unequal power dynamics in relationships. Promoting equality and mutual respect between partners is seen as essential for preventing domestic violence and creating safe homes.

As this example demonstrates, citizens play a vital role in the law-making process. From identifying the need for a law to lobbying for its passage and ensuring its effectiveness, the voice of the citizen is crucial. This voice is amplified through various channels like **TV reports, newspaper editorials, radio broadcasts, and public meetings**, making Parliament's work more accessible and accountable to the people. The journey of a bill becoming a law is not just a parliamentary procedure but a reflection of societal needs and citizens' efforts to bring about change.

Unpopular And Controversial Laws

While Parliament is responsible for making laws, not all laws are universally accepted or remain popular. Sometimes, a law may be **constitutionally valid** and legally enforceable, but large sections of the population may find it **unpopular and unacceptable** because they perceive its underlying intention as unfair or harmful.

In such cases, citizens have the right in a democracy to criticise the law. They can hold **public meetings, write about the law in newspapers, report on it via TV news channels**, and express their unwillingness to accept what they view as repressive legislation. When a significant number of people voice their opposition, it creates pressure on Parliament to reconsider and potentially amend or repeal the law.

An example of potentially unpopular or controversial laws includes certain municipal laws regulating the use of public spaces, such as those making street hawking and vending illegal. While rules are needed for public order (e.g., keeping pavements clear), these laws can be seen as unfair because they threaten the livelihood of street vendors who provide affordable and convenient services to many. When a law appears to favour one group while disregarding the needs of another, it can become controversial and lead to conflict.

In a democracy like India, people who believe a law is unfair can approach the **courts**. The judiciary has the power to review laws passed by Parliament. If a court finds that a law does not adhere to the **basic structure or principles of the Constitution** (including Fundamental Rights), it has the authority to **modify or cancel** that law.

History, particularly India's freedom struggle, provides examples of how nationalists protested arbitrary and repressive laws imposed by the British, such as the Sedition Act of 1870.

**Sedition** laws, like the British Sedition Act of 1870, often apply to anything deemed by the government as inciting resistance or rebellion against it. Under the 1870 Act, the British had a very broad definition of sedition, allowing them to arrest and detain individuals without needing concrete evidence or providing them with a trial. This was seen as **arbitrary** because arrests could be made for vague reasons without prior clarification, and detainees were often held without trial. This contradicted the **rule of law**, which requires clear, consistently applied laws and due process.

Historical figures like **Rosa Parks** in the USA refusing to give up her bus seat in 1955 protested unjust segregation laws, sparking the Civil Rights Movement that led to the Civil Rights Act of 1964 prohibiting racial discrimination. These historical instances illustrate how people struggle against laws they perceive as unjust and discriminatory, often appealing to fundamental principles of equality and rights.

These photos depict various methods of public protest, such as rallies, demonstrations, or civil disobedience, illustrating ways citizens express opposition to government policies or laws they deem unjust or unpopular.

The role of citizens extends beyond simply electing representatives. It involves actively monitoring their actions and criticising them when necessary, using media and other means. The effectiveness of Parliament in truly representing the people depends significantly on the active involvement and enthusiasm of the citizenry. This ongoing engagement ensures accountability and helps uphold democratic principles.