Chapter 5 Legislature

Introduction

As discussed in the previous chapter, a constitution outlines not just the structure and relationship of government organs but also limits state power and safeguards citizens' rights within a democratic framework. This chapter focuses on the Legislature, which is elected by and acts on behalf of the people.

You will learn how elected legislatures function, their role in democratic governance, the structure and working of India's Parliament and State Legislatures, and their significance.

By the end of this chapter, you should understand:

• The importance of the legislature.
• The functions and powers of the Indian Parliament.
• The process of making laws.
• How Parliament maintains control over the executive.
• How Parliament manages its own operations.

Why Do We Need A Parliament?

The legislature is more than just a body that makes laws; it is central to the democratic political process. While lawmaking is one function, it serves crucial purposes through debate, protest, consensus, and scrutiny. A truly democratic system is difficult to imagine without a legislature that is representative, effective, and efficient.

A key role of the legislature is enabling people to hold their elected representatives accountable. This is a fundamental aspect of representative democracy.

In many modern democracies, including India, the executive (specifically the Cabinet led by the Prime Minister) has become increasingly dominant, often initiating policies and setting the government's agenda. This has led some to suggest that the influence of Parliament has declined. However, even a strong executive must maintain the support of the majority in the legislature. Powerful leaders are still required to face Parliament and respond to its queries and concerns satisfactorily. This necessity underscores the democratic potential of the legislature.

Parliament is recognised as a key forum for open democratic debate. Due to its composition, it is often the most representative branch of government. Crucially, it holds the power to select and, if necessary, remove the government.

Instances of the Legislature Controlling the Executive:

• In 2002, intense opposition pressure forced the Union Finance Minister to roll back increases in fertilizer prices announced in the budget.
• In 1998, opposition walkouts and debate over hikes in urea and petroleum prices led the Finance Minister to withdraw the increase in urea prices.
• In 1983, the Lok Sabha unanimously suspended regular business to debate the situation in Assam, prompting the Home Minister to seek cooperation and promote harmony.
• In 1985, Congress Members protested against atrocities on Dalits in Andhra Pradesh, highlighting a critical social issue through legislative means.

These examples show how the legislature can use its powers (through debate, opposition pressure, walkouts) to influence government policy and actions, forcing the executive to be accountable.

Why Do We Need Two Houses Of Parliament?

The national legislature in India is called Parliament, while state-level legislatures are called State Legislatures. The Indian Parliament has two houses, making it a bicameral legislature. These two Houses are the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

The Constitution gives States the flexibility to choose either a bicameral or unicameral (single house) legislature. Currently, six states have a bicameral legislature:

• Andhra Pradesh
• Bihar
• Karnataka
• Maharashtra
• Telangana
• Uttar Pradesh

Countries with large populations and significant diversity often prefer a bicameral national legislature. This helps provide representation to different sections of society and various geographical regions. Additionally, a bicameral system offers an important advantage: every decision requires consideration by both houses. A bill or policy passed by one house goes to the other for its approval. This provides a double check on all legislative matters, making reconsideration possible even if one house acts hastily.

Rajya Sabha

The two Houses of Parliament are represented differently. The Rajya Sabha represents the States of India. It is an indirectly elected body. Members are elected by the elected members of the State Legislative Assemblies.

Regarding representation in the second chamber, there are two main principles:

1. Symmetrical Representation: Equal representation is given to all states or parts of the country, regardless of population (like in the U.S. Senate, where each state gets two representatives).
2. Representation based on Population: Regions with larger populations get more representatives than those with smaller populations.

The Indian system for the Rajya Sabha adopts the second principle. Representation from each state is fixed based on its population, as specified in the Fourth Schedule of the Constitution. This prevents the discrepancy seen in the U.S. where a small state has the same representation as a very large one. For instance, Uttar Pradesh, with a large population, sends 31 members to the Rajya Sabha, while smaller states like Sikkim send only one.

Members of the Rajya Sabha serve a term of six years and can be re-elected. Their terms are staggered, with one-third of members completing their term every two years. Elections are held only for these one-third seats. Consequently, the Rajya Sabha is a permanent House that is never fully dissolved, ensuring continuity even when the Lok Sabha is dissolved before elections.

Besides elected members, the Rajya Sabha also includes twelve nominated members chosen by the President. These individuals are nominated based on their distinguished contributions in fields such as literature, science, art, and social service.

Bicameralism in Germany

Germany's bicameral legislature consists of the Federal Assembly (Bundestag) and the Federal Council (Bundesrat). The Bundestag is elected through a mixed direct and proportional representation system for four years. The Bundesrat represents the 16 federal states. Its 69 seats are distributed among the states based on population ranges. Members are typically state government ministers, appointed rather than elected, and must vote as a bloc according to state government instructions. Disagreements within state coalition governments can lead to abstention. The Bundesrat does not vote on all federal laws but must approve legislation in policy areas where states have concurrent powers and implementation responsibilities, giving it veto power in such matters.

Lok Sabha

The Lok Sabha (House of the People) is directly elected by the people of India. For elections to the Lok Sabha, the country is divided into territorial constituencies, each roughly equal in population. One representative is elected from each constituency based on the principle of universal adult suffrage, ensuring that each individual's vote carries equal value.

Currently, there are 543 Lok Sabha constituencies. This number has remained unchanged since the 1971 census.

The Lok Sabha is elected for a maximum term of five years. However, it can be dissolved earlier if no party or coalition can form a stable government, or if the Prime Minister advises the President to dissolve it and call for fresh elections.

(The question about nominated members suggests a potential debate on whether individuals chosen for their expertise truly represent constituents or significantly contribute to legislative proceedings compared to elected members.)

What Does The Parliament Do?

The Parliament performs multiple critical functions in addition to lawmaking. These functions demonstrate its vital role in the Indian political system:

Legislative Function

Parliament is the primary body responsible for enacting legislation for the country. However, the actual process often involves the executive. The bureaucracy, under the supervision of the relevant minister, usually drafts the bills. The Cabinet decides the substance and timing of major bills, which are then introduced in Parliament after Cabinet approval. While non-ministers can introduce 'private member's bills', they rarely pass without government support.

Control Of Executive And Ensuring Its Accountability

One of Parliament's most crucial roles is ensuring that the executive stays within its authority and remains accountable to the people who elected it. Parliament keeps a check on the executive, preventing potential overreach or arbitrary use of power. This function is discussed in greater detail later.

Financial Function

Governments require funds for their programmes, raised primarily through taxation. In a democracy, the legislature controls government finances. Any new tax proposal by the Government of India needs the approval of the Lok Sabha. Parliament's financial powers include granting resources for government programmes and ensuring accountability for expenditure. This is done through the annual budget and financial statements, allowing Parliament to scrutinise how money is raised and spent and ensuring financial propriety. Financial control also allows Parliament to indirectly control government policy as reflected in the budget allocations.

(This cartoon likely depicts the Parliamentarians holding bags labelled "Money", with ministers shown in a humble or subservient posture. It symbolises the Parliament's control over government finances, illustrating its power to approve or deny funds, making ministers dependent on its sanction.)

Representation

Parliament serves as a platform that represents the diverse views of members from different geographical regions and varied social, economic, religious, and linguistic groups across the country.

Debating Function

Parliament is the highest national forum for debate. Its power of discussion is unlimited, and members can speak freely on any national issue without fear (subject to parliamentary rules). This robust debating function enables Parliament to analyse and scrutinise any matter facing the nation, forming the core of democratic decision-making.

Constituent Function

Both Houses of Parliament share the power to discuss and enact amendments to the Constitution. Any constitutional amendment requires approval by a special majority in both the Lok Sabha and the Rajya Sabha.

Electoral Functions

Parliament performs certain electoral duties, including participating in the election of the President and the Vice President of India.

Judicial Functions

Parliament exercises judicial functions, such as considering proposals for the removal of the President, Vice President, and judges of the Supreme Court and High Courts through the process of impeachment.

Powers Of Rajya Sabha

The Rajya Sabha's powers:

• Considers and approves non-money bills.
• Can suggest amendments to money bills.
• Approves constitutional amendments.
• Exercises control over the executive through questions, motions, and resolutions.
• Participates in the election and removal of the President, Vice President, and judges of the Supreme Court and High Courts.
• Holds the exclusive power to initiate the procedure for the removal of the Vice President.
• Can authorise Parliament to make laws on matters listed in the State List if deemed in the national interest (Article 249).

Powers Of The Lok Sabha

The Lok Sabha's powers:

• Makes laws on subjects in the Union List and Concurrent List.
• Can introduce and pass both money bills and non-money bills.
• Approves tax proposals, the budget, and annual financial statements.
• Controls the executive primarily through mechanisms like questions, supplementary questions, resolutions, motions, and the no-confidence motion.
• Amends the Constitution (co-equal with Rajya Sabha).
• Approves the Proclamation of Emergency.
• Elects the President and Vice President and participates in removing judges of the Supreme Court and High Courts (co-equal with Rajya Sabha).
• Establishes committees and commissions and considers their reports.

(The statement "So, the Lok Sabha controls the purse! Then it must be the more powerful House." accurately identifies the Lok Sabha's unique financial powers as a key source of its authority and its dominant position relative to the Rajya Sabha in financial matters and executive control.)

Special Powers Of Rajya Sabha

The Rajya Sabha, representing the States, has certain special powers to protect state interests. Article 249 allows the Rajya Sabha to pass a resolution (with a special majority) authorising Parliament to make laws on a subject listed in the State List if it is deemed necessary in the national interest. This power enhances the federal nature of the Rajya Sabha. However, in practice, members often vote along party lines rather than solely representing their state's interests.

Powers Exercised Only By The Lok Sabha

The Lok Sabha holds exclusive powers over financial matters and the executive:

• Money Bills: The Rajya Sabha cannot introduce, reject, or amend a Money Bill; it can only suggest amendments and must return the bill within 14 days, after which the Lok Sabha may accept or reject the suggestions.
• Control over Executive: The Council of Ministers is collectively responsible only to the Lok Sabha. This means the Lok Sabha can remove the government through a no-confidence motion, a power the Rajya Sabha does not possess.

This distinction arises because the Lok Sabha members are directly elected by the people, considered the ultimate authority in a democracy. Consequently, the power to control government finances and remove the government is primarily vested in the representatives directly accountable to the electorate.

In most other legislative and judicial functions (passing non-money bills, constitutional amendments, impeachment of President and judges), the powers of the Lok Sabha and Rajya Sabha are co-equal.

How Does The Parliament Make Laws?

Lawmaking is the core function of the legislature, following a specific procedure, partly outlined in the Constitution and partly evolved through conventions. This process, following a bill through its stages, can be technical and time-consuming.

A bill is a draft of a proposed law. Bills can be classified as Government Bills (introduced by a minister) or Private Member's Bills (introduced by a non-minister). Money Bills can only originate in the Lok Sabha.

The lawmaking process begins even before a bill is formally introduced. There might be public debate, pressure from political parties (to fulfil election promises), interest groups, media, or citizens' forums advocating for specific legislation. Lawmaking is thus a political process as much as a legal one.

Drafting a bill involves considering practical aspects like resource requirements, potential public support or opposition, and the likely impact on the ruling party's electoral prospects. In coalition governments, consensus among partners is also crucial before proposing a bill.

Once the Cabinet approves the policy behind a proposed law, the relevant ministry drafts the bill (e.g., the Law Ministry for changes to marriage age, potentially involving the Ministry of Women and Child Welfare). The bill is then introduced in either the Lok Sabha or Rajya Sabha (except Money Bills, which only start in Lok Sabha) by the minister responsible for the subject.

The process generally involves several stages:

1. First Reading: Introduction of the bill in the House. The minister (or private member) reads out the title and objects.
2. Second Reading: This is the most crucial stage involving detailed scrutiny. It is divided into two substages:
   • Stage of Principles: General discussion on the bill's principles and provisions. The bill may be referred to a Select Committee (of that House), Joint Committee (of both Houses), or circulated for public opinion.
   • Committee Stage: Committees examine the bill clause by clause, discuss amendments, and prepare a report. Committees are sometimes called 'miniature legislatures' due to this detailed work.
   • Consideration Stage: The House discusses the committee's report and considers the bill clause by clause. Amendments can be moved and voted upon.
3. Third Reading: Simple voting on whether to pass or reject the bill as amended. No further amendments are typically discussed at this stage.

After being passed by one House, a non-money bill is sent to the other House, where it undergoes a similar procedure. For a bill to become law, it must be passed by both Houses.

If there is a disagreement between the two Houses on a non-money bill, a Joint Session of Parliament can be convened by the President to resolve the deadlock. Decisions in a joint session are made by a simple majority of members present and voting. As the Lok Sabha has more members than the Rajya Sabha, the outcome in joint sessions has historically favoured the Lok Sabha.

For Money Bills, after being passed by the Lok Sabha, it is sent to the Rajya Sabha. The Rajya Sabha can approve it or suggest amendments within 14 days. If it doesn't act or suggests amendments, the Lok Sabha can accept or reject the suggestions, but the bill is deemed passed by both Houses after 14 days.

Once a bill is passed by both Houses (or deemed passed in the case of Money Bills), it is sent to the President for assent. The President can give assent (making it law) or, in the case of non-money bills, send it back for reconsideration. However, if Parliament passes the bill again, the President is constitutionally bound to give assent.

(This cartoon likely suggests that despite formal rules and procedures for lawmaking, politicians sometimes resort to undesirable or disruptive tactics, questioning whether they truly follow the intended 'rules of the game' in the legislative process.)

Types of Bills

How Does The Parliament Control The Executive?

In a parliamentary democracy, the executive (Cabinet) is formed from the majority party or coalition in the Lok Sabha. This majority support could potentially allow the executive to become arbitrary. Therefore, active and vigilant parliamentary oversight is crucial to prevent the government from overstepping its authority and to ensure its accountability to the people. The effectiveness of this control depends significantly on the legislators' power and freedom to function effectively and fearlessly.

One measure protecting legislators is parliamentary privilege: immunity from legal action for anything said or done within the legislature during its proceedings. The presiding officer (Speaker/Chairman) decides on matters of breach of privilege. This privilege is meant to enable representatives to perform their duties and control the executive without intimidation.

Parliament exercises control over the executive at various stages (policy making, implementation) using several mechanisms:

Instruments Of Parliamentary Control

Parliament uses several instruments for controlling the executive:

• Deliberation and discussion
• Approval or refusal of laws
• Financial control
• No-confidence motion

Deliberation And Discussion

Parliamentary debates allow members to scrutinise government policies and their implementation. Key instruments for this include:

• Question Hour: The first hour of every sitting during sessions, where ministers answer questions from MPs on public interest issues. This is a crucial mechanism for accountability.
• Zero Hour: MPs can raise important matters with prior notice, though ministers are not bound to reply.
• Half-an-Hour Discussion: Discussions on matters of sufficient public importance for which a satisfactory answer was not given during Question Hour.
• Adjournment Motion: Used to draw the attention of the House to a definite matter of urgent public importance.

Question Hour is particularly effective in eliciting information, highlighting public concerns (price rise, social atrocities, corruption), and providing a platform for criticising the government and representing constituencies. While debates can be heated, sometimes disrupting proceedings, they also serve as political tactics to gain concessions and force executive accountability.

(The question "It must be difficult to be a minister. This is like giving an examination almost every day!" reflects the intense scrutiny ministers face during Question Hour and debates in Parliament, akin to being constantly tested on their performance and policies.)

(The question about "sting operations" and freedom of speech suggests a modern challenge to parliamentary privilege, raising whether external factors or media practices might impact the traditional protection of legislators' speech inside the House.)

Approval And Ratification Of Laws

Parliament's power to approve or reject bills is a form of control. A bill only becomes law with parliamentary approval. While a government with a strong majority can often pass bills, the process involves negotiation, even within the ruling party/coalition. If the government lacks a majority in the Rajya Sabha, as has happened historically, it must make concessions to gain approval from both Houses, demonstrating Parliament's influence.

Financial Control

Parliament controls government finances through the budget process. The government must present its budget for parliamentary approval, giving the legislature control over public spending. The Lok Sabha can discuss reasons for expenditure requests and scrutinise potential misuse of funds based on reports from the Comptroller and Auditor General (CAG) and Public Accounts Committees. Financial control is not just about financial correctness but also controlling government policy as reflected in resource allocation.

No Confidence Motion

The most potent tool for executive accountability is the no-confidence motion. If the Lok Sabha passes a motion of no confidence against the Council of Ministers, the government is obliged to resign. While this power may seem theoretical when a single party has a strong majority, it becomes very real in coalition governments. Since 1989, several governments have fallen after losing the confidence of the House, primarily due to coalition partners withdrawing support.

Despite these mechanisms, the effectiveness of parliamentary control is affected by factors like adequate time for deliberation, members' active participation, and willingness of government and opposition to compromise. Recent decades have seen a decline in legislative session duration and debate time, alongside disruptions, boycotts, and lack of quorum, which hinder Parliament's ability to effectively control the executive through discussion.

What Do The Committees Of Parliament Do?

Parliamentary committees are a significant feature of the legislative process, playing a crucial role beyond lawmaking in the daily business of the Houses. Since Parliament sessions have limited time, committees allow for in-depth study of issues, necessary for effective lawmaking.

Committees perform functions such as:

• Detailed study of bills.
• Examining demands for grants from ministries.
• Scrutinising departmental expenditures.
• Investigating cases of corruption or other irregularities.

India has a system of departmentally related Standing Committees, with over twenty such committees established since 1983. These committees oversee the work, budgets, expenditures, and relevant bills of specific government departments.

Joint Parliamentary Committees (JPCs) are special committees formed for specific purposes, such as examining a particular bill or investigating financial irregularities (like stock market scams). Members are drawn from both the Lok Sabha and Rajya Sabha.

The committee system has significantly reduced the Parliament's workload, allowing for more detailed scrutiny of bills and departmental functioning than possible in the full House. Many important bills are referred to committees, and while Parliament must formally approve the committee's work, it rarely rejects their suggestions. Legally, however, parliamentary approval remains mandatory for bills and budgets.

How Does The Parliament Regulate Itself?

Parliament is a forum for debate, and orderly and meaningful discussions are essential for its functions and dignity. The Constitution contains provisions to ensure smooth conduct of business, with the presiding officer (Speaker in Lok Sabha, Chairman in Rajya Sabha) having final authority in regulating the proceedings.

(The quote "So, the lawmakers too, are subject to some laws!" humorously points out that even the members of the legislative body must adhere to rules and procedures governing their own functioning within Parliament.)

Presiding officers also regulate members' conduct through measures like the anti-defection law. Legislators are typically elected representing a political party. The anti-defection law (52nd Amendment, 1985, modified by 91st Amendment) was introduced to prevent legislators from changing parties after being elected. The presiding officer is the authority who decides defection cases.

If a member is proven to have defected, they lose their membership in the House and are disqualified from holding political office (like ministership).

What Is Defection?

A member is considered to have 'defected' if they:

• Are absent from the House without permission when the party leadership requires their presence.
• Vote against the instructions or whip issued by their political party.
• Voluntarily give up their membership of the party on whose ticket they were elected.

While intended to curb unstable governments caused by party switching, the anti-defection law's implementation has sometimes given more power to party leaders and presiding officers over rank-and-file members, limiting their freedom to dissent from party lines.

(This cartoon likely depicts parliamentarians being forced out of the legislative chamber, possibly due to disciplinary action by the presiding officer for disruption or violation of rules. It could suggest situations where intense political disagreements or unruly behaviour lead to members being expelled, highlighting the challenges in maintaining order.)

Conclusion

India's Parliament, as seen in live broadcasts, reflects the country's vibrant diversity in terms of region, language, caste, religion, and social background. While debates can be intense and sometimes disruptive, Parliamentarians play a vital role in controlling the executive and representing the interests of various societal sections.

Due to its diverse composition, the Legislature is arguably the most representative organ of government, potentially making it more responsive to public expectations. In a parliamentary democracy, the legislature holds a position of significant power and responsibility as the body representing the people's will. This inherent democratic potential is central to the Parliament's importance.

Exercises

As per instructions, the content of the exercises is not included, only the section heading structure is provided.