Chapter 5 Legislature

As studied in the previous chapter, elections establish representation. Legislatures, elected by the people, function on their behalf. This chapter explores how elected legislatures operate within a democratic government, focusing on the composition, functions, and importance of the Parliament and State legislatures in India.

After reading this chapter, you will understand:

• The importance of the legislature in a democracy.
• The functions and powers of the Parliament of India.
• The process of law making in Parliament.
• How Parliament controls the executive.
• How Parliament regulates its own functioning.

Why Do We Need A Parliament?

A legislature, such as the Parliament in India, is more than just a law-making body; lawmaking is only one of its functions. It is the central arena of democratic political process, characterized by lively debates, actions like walkouts and protests, expressions of concern, and cooperation. These activities serve vital purposes in a democracy. A genuine democracy is considered inconceivable without a legislature that is representative of the people, efficient in its work, and effective in performing its functions.

The legislature plays a crucial role in holding elected representatives accountable to the people who elected them. This accountability is a fundamental aspect of representative democracy.

However, in many democracies, the executive branch (government) has gained prominence, leading critics to suggest a 'decline' of the legislature's central role. In India, the Cabinet often initiates policies and sets the government's agenda. Nevertheless, even powerful cabinets must maintain majority support in the legislature to remain in power. A strong leader must still face the Parliament and answer questions. This ongoing need for executive accountability to the legislature represents the democratic potential of the Parliament.

Parliament is recognized as one of the most democratic and open forums for debate in the country. Due to its composition through elections, it is the most representative organ of the government. Crucially, Parliament is vested with the power to choose and dismiss the government, making it a pivotal institution in a parliamentary democracy.

The Activity box provides examples of newspaper reports illustrating instances where the legislature (Parliament) influenced or challenged the executive's actions, such as forcing the rollback of price hikes or debating important social issues like atrocities. These examples highlight the legislature's role as a platform for expressing public opinion, holding the executive accountable through debate and pressure, and sometimes successfully influencing policy outcomes. They suggest that even if the executive sets the agenda, the legislature can use its powers (like financial control, debates, walkouts, or simply the threat of losing majority support) to exert control and ensure accountability.

Why Do We Need Two Houses Of Parliament?

The national legislature in India is called the Parliament. The legislatures at the State level are called State legislatures. The Indian Parliament is a bicameral legislature, meaning it has two houses. These are the Council of States or the Rajya Sabha and the House of the People or the Lok Sabha. The Constitution also allows States to choose between a unicameral (one house) or bicameral legislature; currently, only six states have bicameral legislatures (Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh).

Countries with large size and significant diversity often opt for a bicameral national legislature. The two houses provide representation to diverse sections of society and different geographical regions or parts of the country. One house might represent the population directly (like Lok Sabha), while the other represents the federating units (States, like Rajya Sabha).

A bicameral legislature also offers an advantage in terms of reconsideration of decisions. Every decision or bill passed by one house must be sent to the other house for its consideration and approval. This provides a system of double check; even if one house makes a decision in haste or without sufficient deliberation, the other house can discuss and reconsider it, ensuring more thorough scrutiny of legislation and policies.

Rajya Sabha

The Rajya Sabha (Council of States) is designed to represent the States of India. It is an indirectly elected body. Members are not directly elected by the citizens but are elected by the elected members of the State Legislative Assemblies (MLAs). The principle of representation in the Rajya Sabha is not based on equal representation for all States, as in the US Senate where each state has equal representation regardless of population. Instead, representation in the Rajya Sabha is based on the population of the States; States with larger populations send more representatives than those with smaller populations. The number of members from each State is fixed by the Fourth Schedule of the Constitution. This system aims to provide representation to the States while also reflecting their relative size.

For example, Uttar Pradesh, with a large population, sends 31 members to the Rajya Sabha, while a small State like Sikkim sends only one member. This prevents the discrepancy that would arise if all States had equal representation regardless of population.

Members of the Rajya Sabha are elected for a term of six years. They can be re-elected. The terms of all members do not end at the same time. Every two years, one-third of the members complete their term, and elections are held only for those seats. This ensures that the Rajya Sabha is a permanent House and is never fully dissolved. This arrangement is advantageous as it allows the Rajya Sabha to function even when the Lok Sabha is dissolved (e.g., before general elections), enabling urgent business to be conducted by Parliament.

Besides the elected members, the Rajya Sabha also has twelve nominated members. These members are nominated by the President from among persons who have distinguished themselves in fields such as literature, science, art, and social service. These nominated members are seen as bringing expertise and diverse perspectives to the Parliament. The question of whom they represent and their contribution is sometimes debated, but the intent is to include eminent individuals who may not seek election but can contribute to legislative discussions.

The check your progress questions encourage reflection on whether the Rajya Sabha's composition and indirect election adequately protect State positions and consider advantages/disadvantages of direct election and increasing Lok Sabha seats.

The quote by Purnima Banerji from the Constituent Assembly debates suggests the role of the Upper House (Rajya Sabha) as a revising body, where experienced individuals who avoid active politics can offer advice and scrutiny, even if their votes may not carry the same weight as the directly elected house in all matters.

Lok Sabha

The Lok Sabha (House of the People) is directly elected by the people of India. For elections to the Lok Sabha (and State Legislative Assemblies), the country (or State) is divided into territorial constituencies, each having roughly equal population. One representative is elected from each constituency based on universal adult suffrage, where every eligible adult citizen has one vote of equal value.

Currently, there are 543 constituencies for the Lok Sabha. This number has remained unchanged since the 1971 census, although the population has grown significantly, leading to larger populations per constituency. The Lok Sabha is elected for a maximum term of five years. However, as seen in the chapter on the executive, the Lok Sabha can be dissolved earlier if no government can maintain majority support or if the Prime Minister advises the President to call for fresh elections before the term is complete.

What Does The Parliament Do?

The Parliament in India, comprising both the Lok Sabha and Rajya Sabha, performs a wide range of functions. While lawmaking is a core function, it is also engaged in numerous other vital roles essential for democratic governance.

Let's list the main functions of the Parliament:

• Legislative Function: Parliament is the primary body for enacting laws for the country. Although bills are often drafted by the bureaucracy under ministerial supervision and major bills require Cabinet approval, Parliament's role is to debate, amend, and approve these legislations. Members, including private members (non-ministers), can introduce bills, but government bills have a higher chance of passing with the support of the ruling majority.
• Control of Executive and ensuring its accountability: A vital function is ensuring the executive branch remains accountable to the elected representatives (people) and does not overstep its authority. This is achieved through various mechanisms discussed later.
• Financial Function: Government requires funds (raised through taxation) to implement its programs. Parliament controls government finances. No new tax can be introduced without Lok Sabha approval. Parliament grants resources (money) to the government through the budget and annual financial statements. It scrutinizes government spending and raising of resources, ensuring proper use of public money.
• Representation: Parliament serves as a forum representing diverse views and interests from different regions, social groups, economic strata, religions, and communities across the country.
• Debating Function: Parliament is the highest platform for debate in the country, with unlimited power of discussion on any national issue. Members can speak freely, enabling thorough analysis of problems facing the nation. Debates are central to democratic decision-making.

The cartoon depicts Parliamentarians looking humble while facing a powerful executive ('the boss'). This might imply that Parliament's power lies primarily in controlling finances and approving executive proposals, influencing the executive through its power over resources and scrutiny of spending.

A political cartoon by Shankar, humorously portraying humble Parliamentarians alongside a powerful executive, suggesting Parliament's control over government finances as a source of its authority.

• Constituent Function: Parliament has the power to discuss and make changes (amendments) to the Constitution. Both Houses (Lok Sabha and Rajya Sabha) have equal constituent powers; constitutional amendments require approval by a special majority in both Houses.
• Electoral functions: Parliament participates in the election of the President and Vice President of India.
• Judicial functions: Parliament considers proposals for removing the President, Vice President, and Judges of the Supreme Court and High Courts through impeachment or other removal procedures.

While Parliament performs these functions generally, there are differences in powers between the Lok Sabha and Rajya Sabha in a bicameral system.

Special Powers Of Rajya Sabha

The Rajya Sabha, as the representative of the States, has certain special powers to protect the interests of the States. Any matter that affects the States must be referred to it for approval. For example, if the Union Parliament wants to move a subject from the State List (on which only States can legislate) to the Union List or Concurrent List (allowing central legislation) in the national interest, the approval of the Rajya Sabha (by a special majority) is necessary. This power reinforces the federal structure and adds to the Rajya Sabha's significance.

However, experience shows that Rajya Sabha members often vote along party lines rather than strictly representing their State's interests. Despite its role in protecting State powers, the Rajya Sabha's powers are limited compared to the Lok Sabha in certain crucial areas.

Powers Exercised Only By The Lok Sabha

The Lok Sabha exercises certain powers exclusively. These include:

• Money Bills: Money bills (related to government revenue and expenditure) can only be initiated in the Lok Sabha. The Rajya Sabha cannot initiate, reject, or amend money bills; it can only suggest amendments or approve them within 14 days. If no action is taken by Rajya Sabha within 14 days, the money bill is deemed passed by both Houses.
• Council of Ministers Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha, not the Rajya Sabha. This means that a government must maintain the support of the majority in the Lok Sabha to remain in power. The Lok Sabha can remove the government by passing a no-confidence motion, a power not held by the Rajya Sabha. Therefore, the Rajya Sabha can criticize the government but cannot directly remove it.

This difference in power is justified by the Constitution's democratic framework, where the final authority rests with the people, and the directly elected representatives in the Lok Sabha are given crucial powers like controlling government finances and the power to remove the government.

In all other matters, such as passing non-money bills, amending the Constitution, impeaching the President, or removing the Vice President, the powers of the Lok Sabha and Rajya Sabha are generally co-equal. The phrase "So, the Lok Sabha controls the purse! Then it must be the more powerful House" captures the significance of the Lok Sabha's exclusive financial control as a major source of its power over the executive.

How Does The Parliament Make Laws?

Lawmaking is the primary function of any legislature, and in India's Parliament, it follows a definite procedure. This procedure involves several stages, some outlined in the Constitution and some evolved through convention.

A bill is a draft of a proposed law. Bills can be classified based on who proposes them: a Government Bill is introduced by a minister (representing the government), while a Private Member's Bill is introduced by any other Member of Parliament. Bills are also categorized by subject matter, such as Ordinary Bills, Money Bills, and Constitution Amendment Bills.

The lawmaking process is both a legal procedure and a political course of action. Debates on the need for a bill often occur even before its introduction, influenced by political parties, interest groups, media, and citizens' forums. The preparation of a bill considers various factors, including implementation resources, potential public/political support or opposition, and the bill's impact on the ruling party's electoral prospects. In coalition governments, acceptability to all partners is crucial.

Once the Cabinet approves the policy behind a proposed law, the concerned ministry drafts the bill. A bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha), but a Money Bill can only be introduced in the Lok Sabha.

Stages in the life of a non-money bill (general procedure):

1. Introduction: Bill is introduced in either House.
2. Discussion and Committee Stage: Bill is discussed in detail in the House and/or referred to a Parliamentary Committee for in-depth study and recommendations. Committees act as 'miniature legislatures' due to their detailed deliberations.
3. Report and Voting: The Committee's recommendations are sent back to the House, debated, and the bill is voted upon clause by clause.
4. Passage in First House: If passed, the bill is sent to the other House.
5. Procedure in Second House: The bill goes through the same stages in the second House.
6. Resolution of Disagreement (if any): If there is a disagreement between the two Houses on a non-money bill, an attempt is made to resolve it through a Joint Session of Parliament. Historically, decisions in joint sessions have usually favored the Lok Sabha due to its larger number of members.
7. Presidential Assent: Once passed by both Houses (or resolved in a joint session), the bill is sent to the President for assent. The President's assent is required for the bill to become a law. The President can approve the bill, veto it, or send it back for reconsideration (except money bills).

Special procedure for Money Bills: A Money Bill can only be introduced in Lok Sabha. After passing Lok Sabha, it is sent to Rajya Sabha. Rajya Sabha can suggest amendments but cannot reject or amend the bill. If Rajya Sabha does not act within 14 days, the bill is deemed passed by both Houses. Amendments suggested by Rajya Sabha are not binding on Lok Sabha.

The cartoon suggests that following the 'rules of the game' (parliamentary procedures) might not always be straightforward or conflict-free, possibly implying disruptions or disagreements in the legislative process.

A political cartoon by R.K. Laxman, implying that the legislative process and adherence to parliamentary rules can be challenging or messy, possibly due to political disagreements or disruptions.

How Does The Parliament Control The Executive?

In a parliamentary democracy, the executive branch (government) is formed from the party or coalition with a majority in the Lok Sabha. With majority support, the executive can potentially wield significant power. To prevent this from becoming arbitrary or unlimited power ('Cabinet dictatorship'), Parliament exercises regular and effective control over the executive.

The basis for parliamentary control is the power and freedom of legislators, as representatives of the people, to act effectively and fearlessly. Members of Parliament enjoy parliamentary privilege, meaning no legal action can be taken against them for anything said within the legislature. This privilege is intended to enable legislators to speak freely and hold the executive accountable. The presiding officer of the House makes final decisions on matters of breach of privilege.

Parliament exercises control over the executive through various mechanisms at different stages of policy making and implementation:

Instruments Of Parliamentary Control

• Deliberation and Discussion: Parliament debates the policy direction of the executive and implementation of policies. This occurs during discussions on bills, general debates, and specific mechanisms like the Question Hour, Zero Hour, and adjournment motions. The Question Hour (daily session) is particularly effective, with ministers required to answer questions from MPs on issues of public interest, allowing for criticism and representing constituents' problems. Heated debates during Question Hour can sometimes lead to disruptions, but these are also political tactics to pressure the executive and force accountability.
• Approval and Ratification of Laws: Laws require parliamentary approval to be enacted. While a government with a majority may generally pass bills, approval is not guaranteed and can result from intense bargaining between ruling/coalition parties and the opposition. If the government lacks a majority in the Rajya Sabha, it may need to make concessions to secure approval (e.g., bills failing or requiring compromises).
• Financial Control: Parliament controls government finances through the budget process. The budget must be approved by the legislature, allowing debate on resource allocation, taxation proposals, and government spending. Lok Sabha can scrutinize reasons for spending, investigate misuse of funds (e.g., based on reports from the Comptroller and Auditor General and Public Accounts Committees). This financial control allows Parliament to influence government policy and ensure financial propriety.
• No Confidence Motion: The most direct and powerful tool for executive accountability. If the government loses the support of the majority in the Lok Sabha, a motion of no confidence can be moved. If passed by a majority of the Lok Sabha, the government is obliged to resign. This power becomes particularly relevant in coalition governments, where withdrawal of support by partners can lead to the government losing confidence (as seen in India since 1989).

Effective parliamentary control requires adequate time for discussion, interested and participating members, and willingness to compromise. However, recent trends show a decline in parliamentary sessions, time spent on debates, increased disturbances, and opposition boycotts, potentially hindering Parliament's ability to control the executive effectively.

The quote "With so many sting operations are MPs still free to speak anything anywhere?" refers to unauthorized recordings exposing potential wrongdoing. While MPs have parliamentary privilege for what they say in the legislature, this doesn't extend to actions outside, and public scrutiny can still impact them. The question implies a tension between freedom within Parliament and accountability/scrutiny outside.

What Do The Committees Of Parliament Do?

Parliamentary committees are a significant feature of the legislative process. They play a vital role beyond the main sessions, which have limited time. Lawmaking and other functions require in-depth study, investigation, and scrutiny. Committees handle these tasks, making the legislative process more efficient and thorough.

Committees are appointed for various purposes, including studying bills in detail, examining demands for grants from ministries, scrutinizing government expenditure, investigating corruption, and considering reports. Since 1983, India has a system of parliamentary standing committees (over twenty, departmentally related) that supervise the work, budget, and expenditure of specific government departments and examine bills related to them. Apart from standing committees, Joint Parliamentary Committees (JPCs) are set up for specific purposes, like investigating financial irregularities or discussing particular bills, with members from both Houses.

The committee system reduces the burden on Parliament, allowing for detailed work on bills and other matters. While Parliament legally approves bills and budgets, it often relies heavily on the recommendations of committees, rarely rejecting their suggestions. Committees are essential for effective legislative functioning and oversight.

The statement "So, the lawmakers too, are subject to some laws!" refers to the rules and procedures that govern the conduct of business within the Parliament itself, highlighting that even legislators must abide by norms and regulations to ensure orderly functioning and maintain the dignity of the institution. N.V. Gadgil's quote emphasizes that while Parliament has sovereignty in lawmaking, its procedures are regulated.

How Does The Parliament Regulate Itself?

To ensure meaningful and orderly debates and smooth functioning, Parliament regulates its own business and the behavior of its members. The Constitution provides some basic provisions for this, and conventions and rules of procedure have also developed over time. The presiding officer of each House (Speaker in Lok Sabha, Chairman in Rajya Sabha) is the final authority in matters regulating the proceedings and business of the legislature.

One way presiding officers control member behavior is through the anti-defection law. Most legislators are elected as members of a political party. Historically, legislators would sometimes change allegiance to another party after being elected ('defection'), leading to political instability. To curb this, an anti-defection amendment (52nd Amendment, 1985, later modified by 91st Amendment) was added to the Constitution. It restricts a legislator from defecting to another party after election. If a member defects (by voting against party instructions, being absent when required, or voluntarily leaving the party), they lose their membership in the House and are disqualified from holding political office. The presiding officer makes the final decision in such cases.

The anti-defection law has given additional powers to party leadership (to issue directives) and presiding officers (to disqualify members) but has not fully stopped defections. It has, however, helped reduce political instability caused by frequent party changes by legislators. The cartoon "We are not walking out, we have been ordered out" humorously depicts MPs being expelled or suspended by the presiding officer, suggesting disciplinary actions for disrupting proceedings rather than voluntary walkouts for protest.

A political cartoon by Irfan, depicting Members of Parliament being ordered out of the House by the Speaker, illustrating disciplinary actions taken by the presiding officer to maintain order in the legislature.

The question "I don’t understand why they change parties. Do they even come back to the party they once left?" reflects public bewilderment at political opportunism (changing parties, sometimes returning later), a behavior the anti-defection law tries to discourage.

Conclusion

The Indian Parliament is a vibrant institution reflecting the country's diversity in its composition. Despite appearances of conflict or inefficiency at times, Parliamentarians effectively control the executive and represent various societal interests. As the most representative organ of government, the legislature embodies the wishes of the people and holds a high position of power and responsibility in a parliamentary democracy. The democratic potential of Parliament lies in this representation and its ability to ensure executive accountability, contributing to responsive governance.

Exercises

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