Chapter Notes

Why do we need a Parliament?

A Legislature is the law-making body of a country, elected by the people to work on their behalf. In India, the national legislature is called the Parliament. It is much more than just a place where laws are made; it is the very center of our democratic process.

A true democracy cannot exist without a representative and effective legislature. Its primary roles include:

• Ensuring Accountability: The legislature holds the government's representatives accountable for their actions. This is the foundation of representative democracy.
• Center of Democratic Action: Parliament is a dynamic place filled with debates, protests, walkouts, and cooperation. All these actions are vital for a functioning democracy.
• Forum for Debate: It is the most open and democratic platform for discussion in the country. Because it is composed of representatives from all parts of society, it is the most representative government body.
• Power over the Government: Crucially, the Parliament has the power to choose and dismiss the government.

Even though the Cabinet (the group of senior ministers) often initiates policies and sets the government's agenda, it must always have the support of a majority in the legislature. This is the ultimate check on the executive's power, ensuring that even the strongest leaders must answer to the Parliament.

Why do we need Two Houses of Parliament?

The Indian Parliament has two houses, which is known as a bicameral legislature. The two houses are:

1. The Rajya Sabha (Council of States)
2. The Lok Sabha (House of the People)

The Constitution allows states to choose between having one house (unicameral) or two houses (bicameral). Currently, six states have a bicameral legislature: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.

There are two main advantages to having a bicameral system, especially for a large and diverse country like India:

• Representation: It allows for representation of all sections of society and all geographical regions. The Rajya Sabha, for instance, represents the interests of the states.
• Double-Check on Decisions: Every bill and policy is discussed twice, once in each house. This ensures that every decision is reconsidered, preventing hasty laws from being passed. If one house makes a decision in a hurry, the other house has a chance to review and debate it.

Rajya Sabha

The Rajya Sabha is the upper house of Parliament and represents the States of India.

Composition and Election

• Indirect Election: Its members are not elected directly by the people. Instead, the citizens of a state elect their State Legislative Assembly, and the members of that assembly then elect the members of the Rajya Sabha.
• Representation by Population: Unlike the USA where every state gets equal representation, India uses a system where states with larger populations get more representatives. For example, Uttar Pradesh sends 31 members to the Rajya Sabha, while the much smaller state of Sikkim sends only one. This was done to avoid a situation where a small state has the same influence as a very large one.
• Nominated Members: The President nominates twelve members to the Rajya Sabha. These are individuals who have distinguished themselves in fields like literature, science, art, and social service.

Term and Function

• Term of Members: Members are elected for a six-year term and can be re-elected.
• A Permanent House: The Rajya Sabha is never fully dissolved. Every two years, one-third of its members complete their term, and elections are held for those seats. This ensures continuity, allowing the Rajya Sabha to meet and conduct urgent business even when the Lok Sabha is dissolved and new elections are pending.

Lok Sabha

The Lok Sabha is the lower house of Parliament and is directly elected by the people.

Composition and Election

• Direct Election: The entire country is divided into 543 constituencies, with each constituency having a roughly equal population.
• Universal Adult Suffrage: One representative is elected from each constituency through a direct vote by all adult citizens. The value of every person's vote is equal.
• Term: The Lok Sabha is elected for a five-year term. However, it can be dissolved before completing its full term if no party can form a government or if the Prime Minister advises the President to hold fresh elections.

What does the Parliament do?

The Parliament performs many crucial functions beyond just making laws.

Key Functions of the Parliament

• Legislative Function: It enacts laws for the country. Although the actual drafting of a bill (a proposed law) is done by the bureaucracy under the supervision of a minister, the Parliament debates and must approve it.
• Control of Executive and Ensuring its Accountability: This is perhaps its most vital role. Parliament ensures that the executive (the government) does not overstep its authority and remains responsible to the people.
• Financial Function: The government cannot raise taxes or spend money without the approval of the Parliament. The legislature controls government finances through the budget and annual financial statements, ensuring money is not misspent. Any new tax must be approved by the Lok Sabha.
• Representation: Parliament brings together members from different regional, social, economic, and religious groups, representing the diverse views of the nation.
• Debating Function: It is the highest forum for debate in the country. Members are free to speak on any matter without fear, allowing for a thorough analysis of all issues facing the nation.
• Constituent Function: The Parliament has the power to discuss and amend the Constitution. Both houses have similar powers in this regard, and constitutional amendments require a special majority in both.
• Electoral Functions: It elects the President and Vice President of India.
• Judicial Functions: It can consider proposals for the removal of the President, Vice-President, and judges of the Supreme Court and High Courts.

Powers of Rajya Sabha

While both houses work together, their powers are not identical.

Powers of the Lok Sabha

• Makes laws on subjects in the Union List and Concurrent List.
• Can introduce and pass both money bills and non-money bills.
• Approves budgets, taxation proposals, and financial statements.
• Controls the executive through questions, motions, and, most importantly, the no-confidence motion.
• Amends the Constitution.
• Elects the President and Vice President and can remove high officials.

Powers of Rajya Sabha

• Considers and approves non-money bills and can suggest amendments to money bills.
• Approves constitutional amendments.
• Exercises control over the executive by asking questions and introducing motions.
• Participates in the election and removal of the President, Vice President, and judges.
• It alone can initiate the procedure for the removal of the Vice President.

Special Powers of Rajya Sabha

The Rajya Sabha's main purpose is to protect the powers of the states. Therefore, if the Union Parliament wants to make a law on a matter that is on the State List, it must get the approval of the Rajya Sabha. This is a significant power that strengthens the principle of federalism.

How does the Parliament make Laws?

The process of making a law is technical and follows a specific procedure.

• A bill is a draft of a proposed law.
• A bill proposed by a minister is a Government Bill.
• A bill proposed by a member who is not a minister is a Private Member's Bill.

The Law-Making Process

1. Drafting the Bill: Before a bill is introduced, there is often public debate. The Cabinet approves the policy, and the concerned ministry drafts the bill.
2. Introduction: The bill is introduced in either the Lok Sabha or Rajya Sabha. However, a money bill can only be introduced in the Lok Sabha.
3. Committee Stage: The bill is often sent to a parliamentary committee for detailed study and discussion. The committee prepares a report and sends it back to the House. This is why committees are sometimes called "miniature legislatures."
4. Discussion and Voting: The House discusses the bill clause by clause, and each clause is voted upon.
5. Passing in the Other House: Once passed in one house, the bill goes to the other house, where it follows the same procedure.
6. Resolving Disagreements: If the two houses disagree, a Joint Session of Parliament can be called to resolve the deadlock. In such cases, the decision usually favors the Lok Sabha because it has more members.
7. President's Assent: After being passed by both houses, the bill is sent to the President for approval. The President's assent turns the bill into a law.

How does the Parliament Control the Executive?

In a parliamentary system, the executive (government) needs the support of the majority in the Lok Sabha. Without proper checks, this could lead to the Cabinet becoming a dictatorship. An active and vigilant Parliament is essential to keep the executive accountable.

Legislators are protected by parliamentary privilege, which means no action can be taken against a member for anything they say in the legislature. This freedom allows them to exercise effective control over the executive without fear.

Instruments of Parliamentary Control

• Deliberation and Discussion:
  • Question Hour: Held every day during sessions, ministers must answer searching questions from members on issues of public interest. This is a very effective tool for keeping a check on the government.
  • Zero Hour: Members can raise any matter they feel is important.
  • Other tools include half-an-hour discussions and adjournment motions.
• Approval or Refusal of Laws: A bill can only become a law if Parliament approves it. A government without a majority in the Rajya Sabha may be forced to make compromises to get bills passed.
• Financial Control: Parliament controls the government's finances by approving the budget. The Lok Sabha can discuss why the government needs money and can investigate the misuse of funds.
• No-Confidence Motion: This is the most powerful weapon. If a majority of Lok Sabha members vote for a no-confidence motion, the government must resign. Since 1989, several governments have been forced to resign after losing the confidence of the House, especially coalition governments.

What do the Committees of Parliament do?

Parliamentary committees play a vital role in the legislative process. Since the full Parliament only meets during sessions and has limited time, committees handle the in-depth work.

• Functions: Committees study demands for grants from ministries, look into departmental spending, investigate corruption, and examine bills in detail.
• Standing Committees: Since 1983, India has developed a system of departmentally related standing committees. These committees supervise the work, budget, and bills related to specific government departments.
• Joint Parliamentary Committees (JPCs): These can be set up to discuss a particular bill or investigate financial irregularities. Members are selected from both Houses.

The committee system reduces the burden on Parliament. While Parliament must legally approve all bills and budgets, it rarely rejects the suggestions made by its committees.

How does the Parliament Regulate Itself?

Parliament is a forum for debate, and these discussions must be orderly for it to function smoothly.

• The Presiding Officer: The Speaker (in Lok Sabha) or Chairman (in Rajya Sabha) is the final authority in matters of regulating the business of the House. They ensure proceedings are conducted according to the rules.
• The Anti-Defection Law: This law was created through the 52nd Amendment Act in 1985 to prevent legislators from switching parties after being elected.
  • What is defection? A member is considered to have defected if they voluntarily leave their party, vote against the party's instructions, or remain absent when asked by the party to be present.
  • Consequences: The presiding officer of the House decides on cases of defection. If a member is found to have defected, they lose their membership in the House and are disqualified from holding any political office, like a ministership.

While the law aimed to curb political instability, critics argue it has not been fully effective and has given more power to party leaders over individual legislators.