1. Introduction to the Legislature
The Legislature is one of the three main organs of government, along with the Executive and the Judiciary. Its primary function is to make, amend, and repeal laws. In India, the Legislature is a bicameral system, meaning it consists of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
The Legislature plays a crucial role in the functioning of democracy, as it represents the people and ensures that the government is accountable.
2. Bicameral Legislature in India
India has a bicameral legislature, meaning it has two houses:
- Lok Sabha (House of the People): The lower house of Parliament, whose members are directly elected by the people.
- Rajya Sabha (Council of States): The upper house of Parliament, whose members are elected indirectly, representing the states and union territories.
3. Lok Sabha (House of the People)
i. Composition
- Total Strength: The Lok Sabha can have a maximum of 552 members, including 530 members elected from states, 20 members from Union Territories, and 2 members nominated by the President from the Anglo-Indian community (though this provision has been removed through the 104th Constitutional Amendment, 2019).
- Members are directly elected by the people of India through general elections, which are held every five years.
ii. Powers and Functions of Lok Sabha
- Legislative Functions:
- The Lok Sabha is the primary legislative body in India. It introduces, debates, and passes bills.
- Money bills (related to taxation and government spending) can only be introduced in the Lok Sabha.
- Amendments to the Constitution can be proposed in the Lok Sabha.
- Control Over the Executive:
- The Lok Sabha holds the Executive accountable through Question Hour, Debates, and Discussions.
- The vote of no-confidence can be passed against the government, forcing the Prime Minister and Council of Ministers to resign.
- Representation of People:
- Lok Sabha members are directly elected by the people, ensuring that the government’s policies reflect the public’s wishes.
iii. Leadership in Lok Sabha
- The Speaker is the head of the Lok Sabha. The Speaker ensures the smooth functioning of the house, maintains order during debates, and has the authority to take disciplinary action if necessary.
- Deputy Speaker: The Deputy Speaker assists the Speaker and takes charge in their absence.
- Prime Minister and Council of Ministers: The Prime Minister and the Council of Ministers are usually members of the Lok Sabha and are accountable to it.
iv. Sessions and Meetings
- The Lok Sabha meets in sessions (usually three in a year): Budget Session, Monsoon Session, and Winter Session.
- The President of India summons, prorogues, and can even dissolve the Lok Sabha.
4. Rajya Sabha (Council of States)
i. Composition
- The Rajya Sabha is the upper house of Parliament, which consists of 250 members (though the number can vary):
- 238 members are elected by the Members of the Legislative Assemblies (MLAs) of states and Union Territories, through a system of proportional representation.
- 12 members are nominated by the President from among experts in various fields such as literature, science, art, and social service.
ii. Powers and Functions of Rajya Sabha
- Legislative Functions:
- The Rajya Sabha has the power to debate and amend bills passed by the Lok Sabha.
- Money Bills cannot be introduced in the Rajya Sabha, though it can suggest amendments, and if there is disagreement, the bill may not be passed.
- It also plays a role in the ratification of treaties and international agreements.
- Non-Legislative Functions:
- The Rajya Sabha serves as a forum for discussion on matters of national importance, ensuring that the voices of states and Union Territories are heard at the national level.
- It also plays an important role in the election of the President and in the impeachment of the President.
iii. Leadership in Rajya Sabha
- The Vice President of India is the ex-officio Chairman of the Rajya Sabha. The Chairman presides over its meetings and ensures the orderly conduct of business.
- Deputy Chairman: Elected by the Rajya Sabha, the Deputy Chairman assists the Chairman in performing their duties.
5. The Role of the Legislature in Law-Making
The main function of the Legislature is making laws. The law-making process involves several stages:
- Introduction of a Bill:
- A Bill can be introduced by either a Minister or a private member in either house of Parliament.
- First Reading:
- The Bill is introduced and its title is read out, but there is no debate at this stage.
- Second Reading:
- This is the most crucial stage, where the general principles of the Bill are discussed, and members can suggest amendments.
- Committee Stage:
- After the second reading, the Bill is referred to a Select Committee or a Joint Committee of both Houses, which scrutinizes the Bill in detail.
- Third Reading:
- The Bill is debated in its final form, and a vote is taken. If approved, it is sent to the other House for approval.
- Approval by Both Houses:
- If both Houses pass the Bill, it is sent to the President for assent.
- Presidential Assent:
- Once the President gives assent, the Bill becomes a Law.
6. Important Constitutional Provisions Regarding the Legislature
- Article 79: The Parliament of India consists of the President, Lok Sabha, and Rajya Sabha.
- Article 85: The President summons, prorogues, and can dissolve the Lok Sabha.
- Article 108: Provision for joint sittings of both Houses of Parliament in case of disagreement on a Bill.
- Article 101: Deals with the vacation of seats and disqualification of members of the Lok Sabha.
- Article 124: Provides for the appointment of the Speaker and Deputy Speaker in the Lok Sabha.
7. Legislative Procedures
- Money Bills: These can only be introduced in the Lok Sabha and must be passed within 14 days by the Rajya Sabha. The President’s assent is necessary for the bill to become law.
- Ordinary Bills: These can be introduced in either house and are subject to discussion, amendment, and approval by both Houses. If both Houses disagree, the President may call a joint sitting.
- Bills related to the Constitution: Amendments to the Constitution require a special procedure, including approval by a two-thirds majority in both Houses.
8. The Relationship Between the Legislature and Other Branches
i. Legislature and Executive
- The Executive is drawn from the Legislature, particularly the Council of Ministers (headed by the Prime Minister), which is responsible for formulating and implementing laws.
- The Legislature holds the Executive accountable through questions, discussions, and no-confidence motions.
ii. Legislature and Judiciary
- The Judiciary ensures that laws passed by the Legislature comply with the Constitution.
- The Judicial Review process allows the judiciary to examine the constitutionality of laws made by the Legislature.
9. Conclusion
The Legislature plays a crucial role in a democracy by making laws, controlling the executive, and representing the interests of the people. In India, the bicameral system ensures that both the states and the people have a voice in the legislative process. Through mechanisms like debates, discussions, and voting, the legislature ensures that the country’s laws reflect the will of the people and adhere to democratic principles.
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