Chapter – 5

Legislature

In this post we have given the detailed notes of Class 11 Political Science Book 5 Chapter 5 (Legislature) in English. These notes are useful for the students who are going to appear in Class 11 board exams.

Chapter 5: Legislature

Introduction

• In a democratic country like India, the legislature plays a vital role in the functioning of the government.  
• The legislature is elected by the people and represents their interests.  
• The Indian Parliament and State legislatures are responsible for making laws, overseeing the executive branch, and representing the people.  

Why Do We Need a Parliament?

• The legislature is not just a law-making body but also the center of all democratic political processes.  
• It is a platform for debate, discussion, and decision-making on various issues.  
• A true democracy cannot function without a representative, efficient, and effective legislature.  
• The legislature holds the elected representatives accountable to the people, which is the foundation of representative democracy.  
• While the executive branch, led by the Cabinet, initiates policies and governs the country, the Parliament still plays a crucial role in ensuring democratic governance.  
• The Parliament is a democratic and open forum for debate and is the most representative of all organs of government.  
• It has the power to choose and dismiss the government, highlighting its significance in the democratic process.  

Why Two Houses of Parliament?

• The Indian Parliament is bicameral, meaning it has two houses: the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).  
• Countries with large size and diversity, like India, often prefer bicameral legislatures to ensure representation of all sections of society and all geographical regions.  
• A bicameral system allows for a double check on every decision, as each house reviews and debates the bills and policies passed by the other house.  
• This system ensures thorough deliberation and reduces the chances of hasty decisions.  

Rajya Sabha (Council of States) – Article 80

• The Rajya Sabha represents the states of India and is indirectly elected.  
• Members of the State Legislative Assemblies elect the members of the Rajya Sabha.  
• The number of members elected from each state is based on its population, with larger states having more representatives.  
• Members of the Rajya Sabha serve a six-year term and can be re-elected.  
• It is a permanent house, as it is never fully dissolved.  
• One-third of its members retire every two years, ensuring continuity and stability.  
• The Rajya Sabha also has twelve nominated members, chosen by the President from among distinguished individuals in various fields.  

Lok Sabha (House of the People) – Article 81

• The Lok Sabha is directly elected by the people of India.  
• The country is divided into constituencies based on population, with each constituency electing one representative.  
• Elections are conducted through universal adult suffrage, ensuring equal voting rights for all citizens.  
• The Lok Sabha has a five-year term, but it can be dissolved earlier under certain circumstances.  

What Does the Parliament Do?

• Legislative Function: The Parliament’s primary function is to make laws for the country.  
• Control of Executive and Ensuring Accountability: The Parliament holds the executive branch accountable for its actions and ensures that it functions within the limits of the Constitution.  
• Financial Function: The Parliament controls the country’s finances, including taxation and government spending.  
• Representation: The Parliament represents the diverse interests and views of the people from different regions, social groups, and backgrounds.  
• Debating Function: The Parliament is the highest forum for debate and discussion in the country, providing a platform for members to express their views and opinions on various issues.  
• Constituent Function: The Parliament has the power to amend the Constitution, following the procedures laid down in the Constitution itself.  
• Electoral Functions: The Parliament elects the President and Vice-President of India.  
• Judicial Functions: The Parliament can initiate the process of removal of the President, Vice-President, and judges of the Supreme Court and High Courts.  

How Does the Parliament Make Laws?

• The process of law-making begins with the drafting of a bill, which is a proposal for a new law.  
• Bills can be introduced by ministers (government bills) or private members (private member’s bills).  
• The Cabinet plays a crucial role in deciding which bills to introduce and when.  
• Once the Cabinet approves a bill, the concerned ministry prepares the draft of the bill.  
• The bill is then introduced in either house of Parliament, except for money bills, which can only be introduced in the Lok Sabha.  
• The bill is discussed and debated in the house, and it may be referred to a parliamentary committee for further scrutiny.  
• After the committee’s review, the bill is returned to the house for further discussion and voting.  
• If the bill is passed by one house, it is sent to the other house for the same procedure.  
• If there is disagreement between the two houses on the bill, a joint session of Parliament may be called to resolve the deadlock.  
• Once the bill is passed by both houses, it is sent to the President for his/her assent.  
• The President can either assent to the bill, making it a law, or return it for reconsideration.  
• If the President withholds assent, the bill does not become a law.  

How Does the Parliament Control the Executive?

• In a parliamentary democracy, the executive branch is accountable to the legislature.  
• The Parliament has several tools to control the executive and ensure its accountability.  
• These tools include:
  • Deliberation and Discussion: The Parliament can debate and discuss government policies and decisions, holding the executive accountable for its actions.  
  • Question Hour: During Question Hour, members of Parliament can ask questions to ministers about government policies and actions, seeking clarification and holding them accountable.  
  • Zero Hour: In Zero Hour, members can raise any matter of public importance, even if it is not on the day’s agenda, bringing attention to issues and demanding executive action.  
  • Adjournment Motion: An adjournment motion allows members to interrupt the regular business of the house to discuss an urgent matter of public importance, forcing the executive to respond.  
  • Approval and Ratification of Laws: The Parliament has the power to approve or reject bills proposed by the executive, ensuring that laws are in line with the wishes of the people.  
  • Financial Control: The Parliament controls the government’s finances through the budget, approving or rejecting proposals for taxation and spending.  
  • No-Confidence Motion: The Lok Sabha can pass a no-confidence motion against the government, forcing it to resign if it loses the support of the majority of the members.  

What Do the Committees of Parliament Do?

• Parliamentary committees play a crucial role in the functioning of the Parliament.  
• They help in:
  • Law-making: Committees examine bills in detail, making recommendations and suggesting amendments before they are discussed and voted on in the house.  
  • Financial Scrutiny: Committees review the government’s budget proposals, scrutinize expenditures, and investigate financial irregularities.  
  • Departmental Oversight: Standing committees oversee the work of various government departments, ensuring their efficiency and accountability.  
  • Investigating Specific Issues: Joint Parliamentary Committees (JPCs) are set up to investigate specific issues of public importance, such as financial scams or major policy failures.  

How Does the Parliament Regulate Itself?

• The Parliament has mechanisms to regulate its own proceedings and ensure orderly conduct.  
• These mechanisms include:
  • Rules of Procedure: The Parliament has rules of procedure that govern its debates, discussions, and decision-making processes.  
  • Presiding Officers: The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha preside over the proceedings of their respective houses, ensuring order and adherence to the rules.  
  • Anti-Defection Law: The anti-defection law prevents members of Parliament from switching parties after being elected, promoting stability and reducing political opportunism.     

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