Key Points

Legislature

15 Sections
  • Role of the Legislature

    The legislature, or Parliament, is the center of the democratic process. It is not just a law-making body but also ensures the executive is accountable to the people.

  • Bicameralism in India

    India has a bicameral legislature, meaning it has two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). This system allows for reconsideration of every decision and representation for states.

  • Lok Sabha: The House of the People

    The Lok Sabha is directly elected by the people for a term of five years. It is the lower house and holds primary power in financial matters and in removing the government.

  • Rajya Sabha: The Council of States

    The Rajya Sabha represents the States of India and its members are elected by the State Legislative Assemblies. It is a permanent house, with one-third of its members retiring every two years.

  • Representation in Rajya Sabha

    Representation in the Rajya Sabha is based on the population of each state, not on the principle of equal representation for all states. For example, Uttar Pradesh has more seats than Sikkim.

  • Key Functions of Parliament

    Parliament's major functions include legislative (making laws), control of the executive, financial (approving budgets and taxes), representation of diverse views, and constituent powers (amending the Constitution).

  • The Law-Making Process

    A proposed law is called a bill. It goes through stages including introduction, discussion, referral to a committee, voting in both Houses, and finally requires the President's assent to become a law.

  • Power Difference Between Houses

    The Lok Sabha exercises supreme power in money matters and the Council of Ministers is responsible to it. The Rajya Sabha has special powers to protect the rights of states.

  • Control Over the Executive

    Parliament ensures executive accountability through instruments like deliberation, Question Hour, financial control via the budget, and the ability to pass a no-confidence motion.

  • The No-Confidence Motion

    The no-confidence motion is the most powerful tool of the Lok Sabha to ensure executive accountability. If this motion is passed, the government must resign.

  • Financial Powers of Parliament

    The government cannot levy any tax or spend money without the approval of the Parliament. The budget and annual financial statements must be approved by the legislature, primarily the Lok Sabha.

  • Role of Parliamentary Committees

    Parliamentary committees act as 'miniature legislatures' by scrutinizing proposed laws, departmental budgets, and government expenditures in detail. Their recommendations are usually accepted by the Parliament.

  • Parliamentary Privileges

    Members of the legislature are granted certain privileges, such as freedom of speech within the House, to enable them to work effectively and exercise control over the executive without fear.

  • The Anti-Defection Law

    The 52nd Amendment to the Constitution in 1985 introduced the anti-defection law. It disqualifies a member who voluntarily leaves their party or votes against the party's direction.

  • Authority in Defection Cases

    The presiding officer of the House, such as the Speaker of the Lok Sabha, is the final authority in deciding cases of disqualification under the anti-defection law.

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