Legislature Notes-1
Legislature Notes-1
Legislature
Q.1 Why do we need a Parliament?
5. It is above all, vested with the power to choose and dismiss the government.
Q.2 Mention some instances which prove the importance of the Parliament in India.
Ans: 1. On March 11th 2002, the Finance Minister had to roll back the increases in fertilizer prices under
intense opposition pressure.
2. On 4th June 1998, the entire opposition staged a walkout of the Lok Sabha. The finance minister in his
budget proposal had proposed a hike of 50 paisa per kilogram of urea to reduce subsidy on it. This forced
the finance minister Mr. Yashwant Sinha to roll back the hike in urea prices.
3. Congress Members voiced protest against atrocities on Harijans in Andhra Pradesh on 3rd March,
1985.
Ans: 1. The Parliament in India has two houses. This is called a bicameral legislature.
2. The two Houses of the Indian Parliament are the Rajya Sabha and the Lok Sabha.
3. Countries with large size and much diversity usually prefer to have two houses of the national
legislature to give representation to all sections in the society and to give representation to all
geographical regions or parts of the country.
4. A bicameral legislature makes it possible to have every decision reconsidered. Every decision taken by
one house goes to the other house for its decision. This means that every bill and policy would be
discussed twice. This ensures a double check on every matter.
5. Even if one house takes a decision in haste, that decision will come for discussion in the other house
and reconsideration will be possible.
Q.4 What is symmetrical representation?
Ans: When equal representation is given to all the parts of the country, irrespective of their size or
population, it is called symmetrical representation. In the U.S.A, every state has equal representation in
the Senate. This ensures equality of all the states.
Q.5 What would happen if we were to follow the American system of equality representation in the Rajya
Sabha?
Ans: If we followed the same system of representation as USA, Uttar Pradesh with a population of
approximately 1700 lakhs would get seats equal to that of Sikkim whose population is only about 5.7
lakhs. The framers of the Constitution wanted to prevent such a discrepancy. States with larger population
get more representatives than States with smaller population. Thus, a more populous State like Uttar
Pradesh sends 31 members to Rajya Sabha, while a smaller and less populous State like Sikkim has one
seat in the Rajya Sabha.
Q.6 Why is the Rajya Sabha called the permanent house of Parliament?
Ans: Members of the Rajya Sabha are elected for a term of six years. They can get re-elected. All
members of the Rajya Sabha do not complete their terms at the same time. Every two years, one third
members of the Rajya Sabha complete their term and elections are held for those one third seats only.
Thus, the Rajya Sabha is never fully dissolved. Therefore, it is called the permanent House of the
Parliament. The advantage of this arrangement is that even when the Lok Sabha is dissolved and elections
are yet to take place, the meeting of the Rajya Sabha can be called and urgent business can be conducted.
Ans: 1. Legislative Function: The Parliament enacts legislations for the country. Despite being the chief
law making body, the Parliament often merely approves legislations. The actual task of drafting the bill is
performed by the bureaucracy under the supervision of the minister concerned. The substance and even
the timing of the bill are decided by the Cabinet. No major bill is introduced in the Parliament without the
approval of the Cabinet.
2. Control of Executive and ensuring its accountability: The Parliament ensures that the executive does
not overstep its authority and remains responsible to the people who have elected them.
3. Financial Function: The legislature controls taxation and the way in which money is used by the
government. If the Government of India proposes to introduce any new tax, it has to get the approval of
the Lok Sabha. The government has to give an account to the Legislature about the money it has spent
and resources that it wishes to rise. The legislature also ensures that the government does not misspend or
overspend. This is done through the budget and annual financial statements.
4. Representation: Parliament represents the divergent views of members from different regional, social,
economic, religious groups of different parts of the country.
5. Debating Function: The Parliament is the highest forum of debate in the country. Members are free to
speak on any matter without fear. This makes it possible for the Parliament to analyse any or every issue
that faces the nation.
6. Constituent Function: The Parliament has the power of discussing and enacting changes to the
Constitution. The constituent powers of both the houses are similar. All constitutional amendments have
to be approved by a special majority of both Houses.
7. Electoral functions: The Parliament also performs some electoral functions. It elects the President and
Vice President of India.
8. Judicial functions: The judicial functions of the Parliament include considering the proposals for
removal of President, Vice-President and Judges of High Courts and Supreme Court.
Ans: Any matter that affects the States must be referred to the Rajya Sabha for its consent and approval.
Thus, if the Union Parliament wishes to remove a matter from the State list (over which only the State
Legislature can make law) to either the Union List or Concurrent List in the interest of the nation, the
approval of the Rajya Sabha is necessary.
Q.9 What are the powers exercised by only the Lok Sabha?
Ans: The Rajya Sabha cannot initiate, reject or amend money bills. The Council of Ministers is
responsible to the Lok Sabha and not Rajya Sabha. Therefore, Rajya Sabha can criticise the government
but cannot remove it.
Q.10 Why does the Lok Sabha have more power than the Rajya Sabha?
Ans: The Rajya Sabha is elected by the MLAs and not directly by the people. Therefore, the Constitution
stopped short of giving certain powers to the Rajya Sabha. In a democratic form as adopted by our
Constitution, the people are the final authority. So, the representatives, directly elected by the people,
should have the crucial powers of removing a government and controlling the finances.
Ans: 1. A bill is a draft of the proposed law. When a non-minister proposes a bill, it is called private
member’s Bill. A bill proposed by a minister is described as Government Bill.
2. The preparation of a bill itself involves many considerations such as resources required to implement
the law, the support or opposition that the bill is likely to produce, the impact that the law may have on
the electoral prospect of the ruling party etc. In the era of coalition politics especially, a bill proposed by
the government has to be acceptable to all the partners of the coalition.
3. Once the Cabinet approves the policy behind the legislation, the task of drafting the legislation begins.
The draft of any bill is prepared by the concerned ministry.
4. Within the Parliament, a bill may be introduced in the Lok Sabha or Rajya Sabha by a member of the
House. A money bill can be introduced only in Lok Sabha. Once passed there, it is sent to the Rajya
Sabha.
5. A large part of the discussion on the bills takes place in the committees. The recommendation of the
committee is then sent to the House.
6. Finally, the bill is voted upon. If a non-money bill is passed by one House, it is sent to the other House
where it goes through exactly the same procedure.
7. A bill has to be passed by both Houses for enactment. If there is disagreement between the two Houses
on the proposed bill, an attempt is made to resolve it through Joint Session of Parliament.
8. If it is a money bill, the Rajya Sabha can either approve the bill or suggest changes but cannot reject it.
9. When a bill is passed by both Houses, it is sent to the President for his assent. The assent of the
President results in the enactment of a bill into a law.
b) Zero hour- The time which begins soon after the question hour, i.e. 12 pm is known as Zero Hour,
where members are free to raise any matter that they think is important, without any permission or prior
notice (though the ministers are not bound to reply). Sometimes, they raise questions for publicity. Hence,
it leads to obstruction of regular proceeding and business of the house.
c) Half-an- hour discussion- A Half-an-Hour Discussion can be raised on a matter of public importance
d) Adjournment motion- adjournment motion proposes that the house should lay aside all other business
and take up the matter of urgent public importance. Thus it interrupts the regular business of the house.
2. Approval and ratification of laws: Parliamentary control is also exercised through its power of
ratification.
A bill can become a law only with the approval of the Parliament. Many bills, such as the Lok Pal Bill
have failed enactment, Prevention of Terrorism bill (2002) was rejected by the RajyaSabha.
3. Financial control:Preparation and presentation of budget needs the approval of the legislature.The
legislature may refuse to grant resources to the government. This seldom happens because the
government ordinarily enjoys support of the majority in the parliamentary system. Nevertheless, before
granting money the LokSabha can discuss the reasons for which the government requires money.
Through financial control, the legislature controls the policy of the government.
4. No-confident motion- If the majority of the LokSabha members say they have ‘no confidence’ in the
Council of Ministers, all ministers including the Prime Minister, have to quit. After 1989, several
governments have been forced to resign due to lack of confidence of the house. Each of these
governments lost the confidence of the LokSabha because they failed to retain the support of their
coalition partners.
Thus, the Parliament can effectively control the executive and ensure a more responsive government.
Ans: 1. These committees play a vital role not merely in law making, but also in the day-to-day business
of the House.
2. They are responsible for studying the demands for grants made by various ministries, looking into
expenditure incurred by various departments, investigating cases of corruption etc.
4. Standing Committees supervise the work of various departments, their budget, their expenditure and
bills that come up in the house relating to the department.
5. Joint Parliamentary Committees (JPCs) can be set up for the purpose of discussing a particular bill or
for the purpose of investigating financial irregularities.
6. Members of these committees are selected from both Houses. The committee system has reduced the
burden on the Parliament. Many important bills have been referred to committees. The Parliament has
merely approved the work done in the committees with few occasional alterations.
Ans: Most of the members of the legislatures are elected on the ticket of some political party. However,
often, many members would leave that political party after getting elected. For many years after
independence, this issue was unresolved. Finally there was an agreement among the parties that a
legislator who is elected on one party’s ticket must be restricted from ‘defecting’ to another party. So, an
amendment to the Constitution was made known as the anti-defection amendment. The presiding officer
of the House is the authority who takes final decisions on all such cases. If it is proved that a member has
‘defected’, then such member loses the membership of the House. Besides, such a person is also
disqualified from holding any political office like ministership, etc
Ans: If a member remains absent in the House when asked by the party leadership to remain present or
votes against the instructions of the party or voluntarily leaves the membership of the party, it is called
defection.
2. Generally, does not turn into a law because it 2. Generally becomes a law because it gets the
lacks support in the house support of the majority of the house.