Chapter 5: The Legislature | 11th Class

Introduction: The Necessity and Role of the Legislature

Legislatures are fundamental institutions in a democracy, comprising bodies elected directly or indirectly by the people to represent and work on their behalf. While often viewed solely as a law-making mechanism, the legislature is far more significant; it stands as the center of the entire democratic political process .

The function of the legislature is dynamic and action-packed, characterized by protests, demonstrations, walkouts, as well as unanimity and cooperation. All these elements serve vital democratic purposes, proving that a genuine democracy is fundamentally “inconceivable without a representative, efficient and effective legislature” . Crucially, the legislature helps the people in holding their representatives accountable, forming the very basis of representative democracy.

B. Legislature vs. Executive: The Balance of Power

In many modern democracies, a concern is often raised that legislatures are losing their central role to the Executive, specifically the Cabinet. This critique suggests that the Parliament has declined because the Cabinet often initiates policies, sets the entire agenda for governance, and then carries these policies through .

However, the constitutional design of parliamentary democracy ensures that even very strong cabinets must retain the confidence and majority support in the legislature. A powerful leader or government must still “face the Parliament and answer to the satisfaction of the Parliament,” confirming the institution’s inherent democratic potential . The Parliament is recognized as the most democratic and open forum for debate and, due to its diverse composition, is considered the most representative of all organs of government. Ultimately, it is Parliament that is vested with the power to choose and dismiss the government.

The legislature plays a vital role in ensuring executive accountability, especially in financial matters, not only through formal votes but also via political pressure. In June 1998, the Lok Sabha forced Finance Minister Yashwant Sinha to roll back a proposed urea price hike after heated protests and opposition walkouts. Similarly, in 2002, Jaswant Singh withdrew a budgetary increase in fertilizer prices within weeks due to sustained pressure. These cases show how legislative debate and action can check executive policies, affirming Parliament as the center of political decision-making. At times, it also acts in unity, as in February 1983, when the Lok Sabha unanimously prioritized a debate on Assam, with Home Minister P.C. Sethi urging  harmony over division.

The Structure of the Indian Parliament: Bicameralism

Defining Bicameralism and State Legislatures

The national legislature of India is referred to as the ‘Parliament.’ The legislature operating at the state level is referred to as the ‘State legislature’. When a legislature consists of two houses, it is defined as a bicameral legislature. In India, the two Houses of Parliament are the Council of States (Rajya Sabha) and the House of the People (Lok Sabha) .

The Constitution provides States with the autonomy to establish either a unicameral or a bicameral legislature. At present, only six States in India have adopted the bicameral structure.

The Indian States currently having a bicameral legislature are:

1. Andhra Pradesh
2. Bihar
3. Karnataka
4. Maharashtra
5. Telangana
6. Uttar Pradesh

The requirement for two houses arises from two principal advantages:

1. Representation of Diversity: Countries that are large in size and characterized by high levels of diversity generally prefer a bicameral structure. This mechanism ensures that representation is given to all sections of society and all geographical regions or parts of the country .
2. Reconsideration and Double Check: The second, and crucial, advantage of bicameralism is that it requires every decision to be reconsidered. When a bill or policy is passed by one house, it must then proceed to the other house for its decision. This effectively means that every matter is discussed twice, establishing a double check . This dual process ensures that if one house makes a decision in haste, the other house can discuss and allow for reconsideration, improving legislative quality .

This functional role was eloquently described by Purnima Banerji during the Constituent Assembly Debates (CAD):

“…an Upper House could perform the…useful function of being a revising body, and…its views may count but not its votes……, those who could not enter into the rough and tumble of active politics could…advise the Lower House.”

This founding philosophy essentially codified the intent for the Upper House to provide necessary scrutiny and wisdom without being able to perpetually block the will of the directly elected house in critical areas like finance.

C. Bicameralism in Germany

Germany offers an important comparative example of a bicameral legislature, consisting of the Federal Assembly (Bundestag) and the Federal Council (Bundesrat) .

The Bundestag (Lower House) is elected for a four-year period using a complex system that combines direct and proportional representation.

The Bundesrat (Federal Council) represents the 16 federal states of Germany . Its 69 seats are distributed among the states based on population ranges . A key difference from India is that the members of the Bundesrat are generally ministers in the state governments and are appointed, not elected, by the governments of the federal states.

According to German law, all members representing a single state must vote as a bloc, strictly adhering to the instructions of their state government . This system emphasizes rigid institutional compliance to protect federal interests. However, if state-level coalition governments fail to reach an internal agreement, the state’s delegation may be forced to abstain. The Bundesrat does not vote on all legislative initiatives but must pass all policy areas concerning concurrent powers and federal regulations for which the federal states are responsible. It also retains the power to veto such legislation.

. Composition and Tenure of the Two Houses

A. The Rajya Sabha (Council of States)

The Rajya Sabha is designed to represent the States of India and is an indirectly elected body . Members are elected by the elected members of the respective State Legislative Assemblies

1. Term and Permanency

Members of the Rajya Sabha are elected for a term of six years and are eligible for re-election . The terms of all members do not expire simultaneously. Instead, every two years, one-third of the members complete their term, and elections are held only for those vacant seats . Because of this staggered retirement, the Rajya Sabha is  never fully dissolved, earning it the designation of the permanent House of the Parliament . This arrangement is advantageous because it ensures that urgent business can still be conducted even when the Lok Sabha is dissolved and fresh elections are pending .

2. Representation Principles

The Rajya Sabha adopts an asymmetrical system of representation, differing from the symmetrical model used in the USA (where every state has equal representation in the Senate, regardless of population). India’s framers intended to prevent the discrepancy where a populous state might have the same number of representatives as a small one. Therefore, the system allocates representation according to population; states with larger populations secure more representatives than those with smaller populations.

The precise number of members elected from each State is fixed by the Fourth Schedule of the Constitution . For instance, the highly populous State of Uttar Pradesh, with 1998.12 lakhs population, sends 31 members to the Rajya Sabha, whereas a smaller and less populous State like Sikkim, with only 6.10 lakhs population, has one seat.

3. Nominated Members

In addition to the elected members, the Rajya Sabha includes twelve nominated members . These individuals are nominated by the President of India from among those who have made significant contributions in the specialized fields of literature, science, art, and social service . This provision is designed to infuse specialized, non-partisan expertise into legislative debates, enhancing the quality of review intended for the Upper House.

B. The Lok Sabha (House of the People)

The Lok Sabha, along with State Legislative Assemblies, is directly elected by the people.

1. Composition and Suffrage

For election purposes, the entire country is geographically divided into territorial constituencies of roughly equal population. One representative is elected from each constituency through universal adult suffrage, ensuring that the value of every individual’s vote is equal. At present, the Lok Sabha consists of 543 constituencies . It is an important structural fact that this number of constituencies has not changed since the 1971 census. The fixing of this number for several decades, despite substantial population increases, significantly raises the representative burden on each Member of Parliament (MP), potentially straining the connection between representatives and constituents.

2. Term and Dissolution

The Lok Sabha is elected for a maximum period of five years . However, the Lok Sabha can be dissolved before the completion of this five-year term under two circumstances: if no party or coalition can effectively form the government, or if the Prime Minister advises the President to dissolve the House and hold fresh elections.

Functions and Powers of the Parliament

The Parliament performs numerous vital functions beyond mere law making.

A. The Core Functions of Parliament

1. Legislative Function: Parliament’s primary role is to enact legislations for the country. Although it is the chief law-making body, Parliament often approves legislation; the drafting task is typically performed by the bureaucracy under the supervision of the concerned minister, with the Cabinet deciding the substance and timing of major bills .
2. Control of Executive and Accountability: Perhaps the most vital function is ensuring that the Executive remains responsible to the elected people and does not overstep its constitutional authority.
3. Financial Function: Parliament controls government finances, including taxation and expenditure. The Government must seek approval from the Lok Sabha to introduce any new tax. The Parliament grants resources to the Executive (via the budget) and ensures that the government accounts for the money spent, preventing misspending or overspending.
4. Representation: Parliament serves as a platform that represents the divergent views of members belonging to different regional, social, economic, and religious groups across the country .
5. Debating Function: As the highest forum of debate in the country, Parliament imposes no limitation on its power of discussion. Members are free to speak on any national matter without fear, ensuring that every issue facing the nation is analyzed. These discussions are considered the heart of democratic decision making .
6. Constituent Function: The Parliament holds the power to discuss and enact changes to the Constitution. The constituent powers of both the Lok Sabha and the Rajya Sabha are similar, requiring all constitutional amendments to be approved by a special majority in both Houses.
7. Electoral Functions: Parliament performs electoral duties, including the election of the President and the Vice President of India .
8. Judicial Functions: Judicial functions involve considering proposals for the removal (impeachment) of the President, the Vice-President, and Judges of the High Courts and the Supreme Court.
9. Committee Function: Parliament establishes various committees and commissions and reviews their reports to assist in the legislative and supervisory processes.

B. Comparative Powers of Lok Sabha and Rajya Sabha

In a bicameral system, while many powers are co-equal, the houses possess distinct authorities, primarily derived from the Lok Sabha’s direct popular mandate. Both houses share co-equal power in matters like passing non-money bills, amending the Constitution, impeaching the President, and removing High Court and Supreme Court Judges .

The table below outlines the specific powers of each House:

Comparative Powers of Lok Sabha and Rajya Sabha

C. Special Powers and Institutional Supremacy

The difference in powers establishes the supremacy of the Lok Sabha in two crucial areas:

1. Lok Sabha Supremacy (The Purse and the Government):

The Lok Sabha is supreme in financial matters—it controls the “purse” . The Constitution prevents the Rajya Sabha from initiating, rejecting, or decisively amending Money Bills . The financial power of sanctioning money is so great that it establishes the political hierarchy, making the Parliament the ultimate “boss” over the ministries. Furthermore, the Council of Ministers is responsible exclusively to the Lok Sabha, meaning the Rajya Sabha can criticize the government but lacks the power to remove it. This reservation of critical powers is justified by the constitutional structure, which dictates that representatives directly elected by the people are the final authority in a democracy.

2. Rajya Sabha Special Powers (Federal Protection):

The Rajya Sabha serves as an institutional mechanism specifically designed to provide representation to the States and protect their powers . This federal role is enshrined in its special powers. If the Union Parliament determines that it is in the interest of the nation to remove a matter from the State List (over which only the State Legislature can make law) and transfer it to the Union List or Concurrent List, the approval of the Rajya Sabha is necessary. This provision adds to the strength of the Rajya Sabha as a federal check. Additionally, the Rajya Sabha holds the exclusive right to initiate the procedure for the removal of the Vice President.

It must be noted, however, that while the Rajya Sabha is meant to represent the States, “experience shows that the members of the Rajya Sabha represent their parties more than they represent their States”. This suggests that party discipline often overrides federal loyalty, limiting the House’s independent role in defending state interests unless the ruling party lacks a majority and is forced to bargain across party lines to secure legislation.

V. The Law-Making Procedure

Law making is a complex process, described as technical and often tedious, guided by constitutional procedures and parliamentary conventions . The process is inherently political: a bill may be initiated to fulfil election promises, or due to pressure from interest groups, media, or citizens’ forums . Before introduction, the government considers numerous practical factors, including the resources required for implementation, the potential support or opposition the bill will face, and the impact it may have on the ruling party’s electoral prospects . In coalition governments, a proposed bill must be acceptable to all partners.

Once the policy behind the legislation is approved by the Cabinet, the drafting phase begins. The draft of a bill is prepared by the concerned ministry (e.g., the Law Ministry would be involved in a bill raising the marriageable age of girls) .

B. Types of Bills

A bill is defined as the draft of a proposed law . Bills are primarily classified in two ways:

1. By Proposer: A bill proposed by a non-minister is called a Private Member’s Bill. A bill proposed by a minister is described as a Government Bill .
2. By Nature: Bills are categorized as Ordinary Bills, Money Bills, or Constitution Amendment Bills .

C. Stages of Law Making

A definite, multi-stage procedure is followed for a bill to become law:

1. Introduction: A bill (excluding Money Bills) may be introduced in either the Lok Sabha or the Rajya Sabha by a member (usually a minister responsible for the subject).

• Committee Stage (The Miniature Legislature): After introduction, a large part of the discussion on bills takes place in committees. These committees undertake detailed study and are therefore referred to as miniature legislatures. The committee recommendation is then sent to the House, which may or may not accept the report.

• House Discussion and Voting: This involves a detailed, clause-by-clause discussion and eventual voting on the bill.
• Passage to the Other House: If a non-money bill is passed by the first House, it is sent to the other House, where it follows the exact same procedure. A bill must be passed by both Houses to be enacted.
• Deadlock Resolution: If there is a disagreement between the two Houses on a non-money bill, an attempt is made to resolve the conflict through a Joint Session of Parliament . Historically, in the few instances where joint sessions were called, the decision has always gone in favour of the Lok Sabha. This outcome is predictable because the Lok Sabha has a significantly larger membership than the Rajya Sabha, ensuring the will of the directly elected house prevails in case of a constitutional impasse.
• Presidential Assent: Once passed by both Houses, the bill is sent to the President for assent. The President may approve the bill, resulting in its enactment as law, or send it back for reconsideration.

D. Special Provisions for Money Bills

Money Bills are subject to a specific procedure established by the Constitution.

Article 109

Special procedure in respect of Money Bills.—(1) A Money Bill shall not be introduced in the Council of States

This means Money Bills can be introduced only in the Lok Sabha . Once passed by the Lok Sabha, the bill is sent to the Rajya Sabha. The Rajya Sabha has limited powers over it: it can either approve the bill or suggest changes, but it cannot reject it . Furthermore, if the Rajya Sabha takes no action within 14 days, the bill is automatically deemed to have been passed. Any amendments suggested by the Rajya Sabha may or may not be accepted by the Lok Sabha.

VI. Parliamentary Control over the Executive

In a parliamentary democracy, the Executive (the Cabinet) is drawn from the majority party or coalition in the Lok Sabha. To prevent the majority government from exercising unlimited, arbitrary powers (leading to “Cabinet dictatorship”), the Parliament uses several mechanisms to maintain an effective check.

A. Parliamentary Privilege

Basic to the effective functioning of the legislature is the power and freedom of the legislators as people’s representatives. To protect this freedom, the concept of parliamentary privilege ensures that no legal action can be taken against a member for anything they may have said in the legislature. The presiding officer of the legislature holds the final authority in determining matters of breach of privilege. This protection is essential to enable members to represent their people and exercise effective control over the executive without fear.

B. Instruments of Parliamentary Control

The legislature ensures executive accountability at every stage: policy making, implementation, and post-implementation.

1. Deliberation and Discussion

During sessions, control is exercised through structured discussions. The Question Hour, held every day, is perhaps the most effective method, as ministers are required to respond to “searching questions” raised by members. Most questions aim to elicit information on public interest issues such as price rise, food availability, riots, and atrocities on weaker sections . The question hour records maximum attendance and allows members to criticize the government and represent their constituencies’ problems . Other instruments include the Zero Hour (where members raise important matters, though ministers are not bound to reply), adjournment motions, and half-an-hour discussions . The discussions can become highly heated, leading to protests and walkouts, which, while sometimes resulting in a loss of legislative time, are crucial political techniques to gain concessions and enforce accountability.

2. Approval and Ratification of Laws

A bill only becomes law with the Parliament’s approval. Although a government with a disciplined majority can usually secure approval, ratification is not guaranteed. When a government lacks a majority in the Rajya Sabha (as occurred during the Janata Party rule in 1977 and the N.D.A. rule in 2000), it is “forced to make substantial concessions” to gain approval from both Houses. For example, the Prevention of Terrorism bill (2002) was rejected by the Rajya Sabha.

3. Financial Control

The government has a constitutional obligation to prepare and present the budget for legislative approval . This obligation grants the legislature control over the “purse strings” of the government . Before granting resources, the Lok Sabha can discuss the reasons for expenditure. Moreover, the legislature inquires into cases of misuse of funds using the reports from the Comptroller and Auditor General (CAG) and the Public Accounts Committees. Through this process, the legislature controls not just financial propriety but also the underlying policies reflected in the budget.

4. No Confidence Motion

The no-confidence motion is the most powerful weapon available to Parliament to ensure executive accountability. As long as the government maintains a majority in the Lok Sabha, the power to dismiss it remains largely theoretical. However, since 1989, many governments have been forced to resign due to losing the confidence of the House. This success is often directly attributable to the fragility of coalition politics, where governments lose the support of their coalition partners. This demonstrates that the Parliament’s ultimate control mechanism is highly sensitive to underlying political stability.

Challenges to Effectiveness

Despite these powerful tools, there has been a noticeable gradual decline in effectiveness. In recent decades, there has been a reduction in the number of sessions held by the Lok Sabha and State Legislative Assemblies, as well as less time spent on debates. Furthermore, control through discussion is often hampered by the absence of quorum and boycotts of sessions by opposition members.

VII. Committees and Self-Regulation of Parliament

A. Parliamentary Committees (Efficiency and Specialization)

Parliamentary committees are a significant feature of the legislative process, playing a vital role in both law making and the day-to-day business of the House. Committees are necessary because Parliament meets only during sessions and has limited time for the in-depth study required for legislation, grants, expenditure analysis, or investigating corruption.

1. Standing Committees: Since 1983, India has developed a system of parliamentary standing committees. There are over twenty such departmentally related committees that supervise the work, budget, expenditure, and bills related to specific government departments.

2. Joint Parliamentary Committees (JPCs): JPCs are established for specific, high-stakes purposes, such as discussing a particular bill or investigating financial irregularities. Members are selected from both Houses.

The committee system has successfully reduced the overall burden on the Parliament, allowing for specialized scrutiny. While the Parliament must legally approve all bills and budgets, it rarely rejects the detailed suggestions made by its committees.

Regulating the Business of the House

To ensure its vital functions are carried out smoothly and its dignity is maintained, parliamentary discussions must be orderly and meaningful . The Constitution provides mechanisms for this self-regulation, appointing the presiding officer of the legislature as the final authority in regulating the business of the House.

Regarding the scope of the legislature’s authority, N.V. Gadgil stated during the Constituent Assembly Debates:

“The nature of the legislature is such that there are restrictions only so far as procedure is concerned. But in substance there is no restriction, no limitation on the sovereignty of the legislature or Parliament…”

The Anti-Defection Law

One critical mechanism for regulating member behavior and ensuring stability, especially against the backdrop of legislators frequently switching parties after election, is the Anti-Defection Law.

1. Constitutional Basis and Definition:

The anti-defection law was introduced through the 52nd Amendment Act (1985) and was later modified by the 91st Amendment. The presiding officer of the House is the ultimate authority who takes the final decision on all defection cases.

A member is deemed to have ‘defected’ and loses their membership if they:

• Remain absent in the House when asked by the party leadership to be present.
• Vote against the explicit instructions of the party.
• Voluntarily leave the membership of the party.

2. Consequences and Impact:

If a member is proven to have defected, they lose their seat in the House. Furthermore, they are disqualified from holding any political office, such as ministership.

The experience of the law demonstrates a structural tension: while it aims to curb political instability caused by defections, it has not eliminated the practice entirely. More significantly, it has provided “additional powers to the party leadership” and the presiding officers over individual members. This legal requirement to vote strictly along party lines prioritizes party stability over the individual conscience of the representative, shifting the center of political control away from the floor debate toward the party structure itself.

Conclusion

The Indian Parliament represents a microcosm of the nation, characterized by immense diversity—a “rainbow of colourful dresses” with members speaking different languages and coming from various castes, religions, and sects.

Due to this composition, the Legislature is confirmed as the most representative of all organs of government. While legislative proceedings may sometimes appear acrimonious or inefficient (marked by fighting and alleged time-wasting), these same parliamentarians effectively exercise control over the Executive and successfully express the varied and divergent interests of society.

The sheer presence of members from diverse social backgrounds makes the legislatures inherently more representative and potentially more responsive to the expectations of the public . In a parliamentary democracy, the legislature, as the body representing the ultimate wishes of the people, occupies a high position of power and responsibility, therein confirming the fundamental democratic potential of the Parliament.

Chapter 5: The Legislature Solution | 11th Class