Legislature Class 11 Notes Political Science Chapter 5 - CBSE
Chapter : 5
What Are Legislature ?
Functions Of Parliament
- Legislative Function: The Parliament enacts legislations and is the chief law-making body of the country.
- Control of executive and ensuring its accountability: The Parliament makes sure that the executive does not overstep its authority and remains responsible to the people who have elected them.
- Financial Function: In a democracy, legislature controls taxation and the way in which money is used by the government. The legislature also ensures that the government does not misspend or overspend. This is done through the budget and annual financial statements.
- Representation: Parliament represents the divergent views of members of different regional, social,
economic, religious groups from different parts of the country. - Debating Function: The Parliament is the highest forum of debate in the country. There is no limitation on its power of discussion. Members are free to speak on any matter without fear. This makes it possible for the Parliament to analyse any or every issue faced by the nation.
- 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.
- Electoral Functions: The Parliament also performs some electoral functions. It elects the President and Vice President of India.
- 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.
Bicameral Legislature In India
When there are two houses of the legislature, it is called a bicameral legislature. The two Houses of the Indian Parliament are the Council of States or the Rajya Sabha and the House of the People or the Lok Sabha.
Rajya Sabha
The Rajya Sabha represents the States of India. It is an indirectly elected body. The elected members of State Legislative Assembly in turn elect the members of the Rajya Sabha. The number of members to be elected from each state has been fixed by the fourth schedule of the Indian Constitution.
Members
The members are indirectly elected and apart from the elected members, Rajya Sabha also has twelve nominated members. The President nominates these members.
Tenure of its members
Members of the Rajya Sabha are elected for a term of six years and they can get re-elected once the tenure ends. All members of the Rajya Sabha do not complete their terms at the same time. Every two years, one third of the members complete their term and elections are held for those one third seats only.
Importance of Rajya Sabha
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.
Lok Sabha
Election of the members
The members are directly elected by the people. One representative is elected from each constituency through universal adult suffrage, where the value of vote of every individual would be equal to another.
At present there are 543 constituencies.
Tenure of the members
The members are elected maximum for the term of five years but before the completion of five years, the Lok Sabha can be dissolved if ruling party loses the majority in the Lok Sabha or if the Prime Minister advises the President to dissolve the Lok Sabha and hold fresh elections.
Powers Of Lok Sabha
- It makes laws on matters included in the Union list and Concurrent list.
- It can introduce and enact money and non-money bill.
- Approves proposals for taxation, budget and annual financial statements.
- Amends the Constitution.
- Approves the proclamation of emergency.
- Elects the President and Vice President and removes judges of Supreme Court and High Court.
- Establishes committees and commissions and consider their reports.
Types of Bills
- Government Bill
- Private member’s Bill
- Money Bill
- Non-money Bill
- Constitutional Amendment Bill
Passing Of An Oridaniry Bill
- Within the Parliament a new bill may be introduced in the Lok Sabha or Rajya Sabha, once approved from one house it is sent to the other house.
- A large part of the discussion on the bills takes place in the committees. The recommendation of the committees is then sent to the house.
- The bill is voted upon but if there is a disagreement between the houses then, attempts are made to resolve it through joint sessions of the Parliament.
- When a bill is passed by both the houses it is sent to the President. The assent of the President results in the enactment of the bill into a law.
Passing Of A Money Bill
- Money bill can only be introduced only in Lok Sabha, once passed, then it is sent to the Rajya Sabha.
- Rajya Sabha can either approve the bill or suggest changes but cannot reject it. If it takes no action within 14 days the bill is deemed to have been passed. Amendments to the bill suggested by Rajya Sabha, may or may not be accepted by Lok Sabha.
Legislative Instruments of Parliamentary Control
- Deliberation and discussion
- Adjournment motion
- No confidence motion
- Censure motion or Approval or Refusal of laws
- Financial control
Parliamentary Committees-functions
- These committees play a vital role not merely in law making, but also in the day-to-day business of the House.
- 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. For example, Standing Committees, Joint Parliamentary Committees etc.
