Legislature

The Parliament of India is a bicameral legislature — it has two Houses. The two Houses are: the Council of States (Rajya Sabha) and the House of People (Lok Sabha). The Parliament represents the national legislature; State legislatures are described separately. The Constitution gives States the option of unicameral or bicameral legislature. At the time of writing, only five States have bicameral legislatures: Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh. **Why two Houses:** 1. Large, diverse countries need representation for all sections and all geographical regions 2. A bicameral legislature allows every decision to be reconsidered — every bill goes to the other House, creating a "double check" 3. Even if one House acts in haste, the other can reconsider **Rajya Sabha (Council of States):** - Represents the States of India - Indirectly elected body — elected members of State Legislative Assemblies elect Rajya Sabha members - Representation is proportional to population (unlike USA where all states have equal Senate seats) — fixed by the Fourth Schedule of the Constitution - Example: Uttar Pradesh sends 31 members; Sikkim has 1 seat - Term: six years (members can be re-elected) - Every two years, one-third of members complete their term and elections are held for those seats only - Rajya Sabha is never fully dissolved — it is called the "permanent House of Parliament" - Even when Lok Sabha is dissolved, Rajya Sabha can be convened for urgent business - Apart from elected members: 12 nominated members appointed by the President from persons distinguished in literature, arts, social service, science etc. - Total members: 250 (238 elected + 12 nominated) **Lok Sabha (House of People):** - Directly elected by the people through universal adult suffrage - Country divided into territorial constituencies of roughly equal population - One representative per constituency - Currently: 543 constituencies (unchanged since 1971) - Each vote of equal value - Elected for a period of five years (maximum) - Can be dissolved before five years if no party/coalition can form government or if PM advises President to dissolve

A bill is a draft of a proposed law. There are different types of bills. When a non-minister proposes a bill it is called a Private Member's Bill. A bill proposed by a minister is a Government Bill. **Law-making stages:** 1. Pre-introduction debate on the need for the bill (influenced by party promises, interest groups, media, citizens) 2. Cabinet approves policy behind legislation 3. Draft prepared by concerned ministry 4. Introduction in Lok Sabha or Rajya Sabha 5. Committee stage — large part of discussion happens in committees; committee recommendations sent to House ("miniature legislatures") 6. Voting — if a non-money bill is passed by one House, sent to the other House 7. For disagreements: Joint Session is called; historically Joint Sessions have always decided in favour of Lok Sabha 8. President's assent — results in enactment of law **Ordinary (non-money) bills:** - Can be introduced in either Lok Sabha or Rajya Sabha - Must be passed by both Houses - If deadlock: Joint Session of Parliament called - If passed by one House and sent to other, goes through same stages **Money Bills (Article 109 — Special Procedure):** - Can ONLY be introduced in the Lok Sabha (NOT in Rajya Sabha) - Once passed by Lok Sabha, sent to Rajya Sabha - Rajya Sabha: can either approve or suggest changes but CANNOT reject a Money Bill - If Rajya Sabha takes no action within 14 days, the bill is deemed to have been passed - Amendments suggested by Rajya Sabha may or may not be accepted by Lok Sabha - Rajya Sabha cannot initiate, reject, or amend Money Bills **Constitutional amendments:** Must be approved by special majority of both Houses. Constitutional powers of both Houses are co-equal on amendments. **Presidential assent:** When a bill is passed by both Houses, it is sent to the President for assent. The President can return ordinary bills for reconsideration but must assent if Parliament passes it again.

The Parliamentary Form of Government is one of the salient features of the Indian Constitution. India has adopted the British Parliamentary System of Government rather than the American Presidential System. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs, whereas the presidential system is based on the doctrine of separation of powers between the two organs. The parliamentary system is also known as the 'Westminster' Model of Government, responsible Government, and Cabinet Government. The Constitution establishes the parliamentary system not only at the Centre, but also in the states. Although the Indian parliamentary system is largely based on the British pattern, there are some fundamental differences between the two. For example, the Indian Parliament is not a sovereign body like the British Parliament. Further, the Indian State has an elected head (republic) while the British State has a hereditary head (monarchy). In a parliamentary system whether in India or Britain, the role of the Prime Minister has become so significant and crucial that political scientists like to call it a 'Prime Ministerial Government'. The Parliamentary System has been recognized as a 'basic feature' or 'element of the basic structure' of the Indian Constitution. This was established through the landmark Kesavananda Bharati case (1973), where the Supreme Court laid down the doctrine that while Parliament can amend the Constitution under Article 368, it cannot alter the basic structure of the Constitution, which includes the parliamentary system. **Key Features of Parliamentary Government in India:** 1. Presence of nominal and real executives 2. Majority party rule 3. Collective responsibility of the executive to the legislature 4. Membership of the ministers in the legislature 5. Leadership of the Prime Minister or the Chief Minister 6. Dissolution of the lower House (Lok Sabha or Assembly)

The Indian Parliamentary Group (IPG) is an autonomous body formed in 1949 (pursuant to a motion adopted by the Constituent Assembly (Legislative) on August 16, 1948) to maintain inter-parliamentary relations between India and parliaments of other countries. The IPG serves a dual function: 1. It is the **National Group of the Inter-Parliamentary Union (IPU)** — an international organisation of 153 parliaments 2. It is the **main branch of the Commonwealth Parliamentary Association (CPA)** — an association of ~17,000 Commonwealth Parliamentarians across 175 parliaments **Rationale:** The IPG operates on the principle that establishment and development of relations among parliaments constitutes part of the regular activities of national parliaments. In the contemporary global environment, increased interdependence of nations has given new thrust to inter-parliamentary relations. Parliamentarians from different parts of the world need a forum to discuss and find solutions to common problems, enabling cross-fertilisation of ideas between older and younger parliaments, as well as between parliamentarians working under different parliamentary systems. Such discussions are characteristically franker and freer than inter-governmental conferences. **Composition:** Membership is open to all sitting members of Parliament. Former MPs may become associate members (limited rights — no representation at IPU/CPA conferences, no CPA travel concessions). Members must have at least 6 months standing at time of delegation selection for foreign trips. A member or ex-member can become a life member on payment of a fixed life subscription. **Leadership:** Speaker of Lok Sabha is ex-officio President; Deputy Speaker of Lok Sabha and Deputy Chairman of Rajya Sabha are ex-officio Vice-Presidents; Secretary-General of Lok Sabha is ex-officio Secretary-General. **Outstanding Parliamentarian Award:** Instituted in 1995, given annually. Selection committee of 5 persons constituted by the Speaker. **Parliamentary Friendship Groups:** Bilateral groups with individual countries (22 sitting MPs — 15 LS + 7 RS). Speaker appoints President and two Vice-Presidents. Aims to maintain political, social and cultural contacts and assist in exchanges of information and experiences on parliamentary activities.

While both Houses have significant powers, there are areas where each House has exclusive or superior powers. **Powers of Lok Sabha (exclusive or superior):** - Council of Ministers is responsible to the Lok Sabha — NOT to Rajya Sabha; Rajya Sabha can criticise the government but cannot remove it - Money Bills: only Lok Sabha can initiate; Rajya Sabha cannot initiate, reject, or amend Money Bills - Financial powers: approves proposals for taxation, budgets, and annual financial statements - No confidence motion: only Lok Sabha can remove the government through a no-confidence vote - Speaker decides whether a bill is a money bill, and this decision is final - Speaker presides over joint sittings of the two Houses to settle deadlocks on bills Rationale: Rajya Sabha is elected by MLAs, not directly by the people. The Constitution stopped short of giving it the power to remove government or control finances — these require democratic mandate from the people directly. **Powers of Rajya Sabha (special/exclusive):** - Rajya Sabha can give Union Parliament power to make laws on matters included in the State List — crucial federal power - Only Rajya Sabha can initiate the procedure for removal of the Vice President (Lok Sabha can participate in voting on a resolution, but Rajya Sabha alone initiates it) - As permanent House, can function even when Lok Sabha is dissolved - Permanent body: one-third of members retire every second year; seats are filled by fresh elections and presidential nominations **Co-equal powers (both Houses equal):** - Passing of non-money bills (ordinary legislation) - Constitutional amendments — both Houses have equal powers; special majority needed from both - Impeaching the President - Election of President and removal of Vice President - Judicial functions: removal of Supreme Court and High Court judges **Purpose of Rajya Sabha:** To provide representation to States, protect States' powers, and ensure any matter affecting States gets referred to it for consent. If Union Parliament wishes to move a matter from the State List to the Union or Concurrent List, the approval of the Rajya Sabha is necessary. **Structural comparison:** The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and represents the states and union territories of the Indian Union. The Lok Sabha is the Lower House (First Chamber or Popular House) and represents the people of India as a whole. Unlike the United States Senate where all states receive equal representation (2 from each state), seats in the Rajya Sabha are allotted to states on the basis of population; for example, Uttar Pradesh has 31 members while Tripura has 1 member. **Parliamentary form of government emphasis:** The parliamentary form of government emphasises the interdependence between the legislative and executive organs. Hence, we have the 'President-in-Parliament' like the 'Crown-in-Parliament' in Britain. The presidential form of government, on the other hand, lays stress on the separation of legislative and executive organs. Hence, the American president is not regarded as a constituent part of the Congress. Observation: "experience shows that the members of the Rajya Sabha represent their parties more than they represent their States."

Parliamentary committees are a significant feature of the legislative process. They play a vital role not merely in law-making but also in day-to-day business of the House. Since Parliament meets only during sessions and has very limited time at its disposal, committees handle detailed work that requires in-depth study. Parliament is too unwieldy a body to deliberate effectively on all issues that come before it. The functions of Parliament are varied, complex and voluminous, and it has neither the adequate time nor necessary expertise to make a detailed scrutiny of all legislative measures and other matters. **Functions of committees:** - Studying demands for grants made by various ministries - Looking into expenditure incurred by various departments - Investigating cases of corruption - Detailed examination of bills before they are voted on **Definition and Conditions:** A parliamentary committee must: (1) be appointed or elected by the House or nominated by the Speaker/Chairman; (2) work under the direction of the Speaker/Chairman; (3) present its report to the House or to the Speaker/Chairman; (4) have a secretariat provided by the Lok Sabha/Rajya Sabha. Consultative committees do not fulfill these four conditions and therefore are NOT parliamentary committees. **Classification:** Parliamentary committees are broadly of two kinds—Standing Committees (permanent, constituted every year or periodically, work on continuous basis) and Ad Hoc Committees (temporary, cease to exist upon completion of assigned task). **Standing Committees (Departmentally Related):** India has developed a system of parliamentary standing committees since 1983. There are over twenty such departmentally related standing committees. These committees supervise the work of various departments — their budget, expenditure, and bills relating to those departments. Standing committees can be classified into six categories: Financial, Departmental Standing (24), Committees to Inquire, Committees to Scrutinise and Control, Relating to Day-to-Day Business, and House-Keeping (Service) Committees. **Joint Parliamentary Committees (JPCs):** Can be set up for two purposes: 1. Discussing a particular bill (e.g., joint committee to discuss a specific bill) 2. Investigating financial irregularities Members of JPCs are selected from both Houses. **Ad Hoc Committees:** Divided into two categories—Inquiry Committees (constituted to inquire into and report on specific subjects) and Advisory Committees (select or joint committees on bills, appointed to consider and report on particular bills). **Impact on Parliament:** The committee system has reduced the burden on Parliament. Many important bills have been referred to committees, and Parliament has mostly approved the work done in committees with few occasional alterations. However, legally no bill can become law and no budget sanctioned unless approved by Parliament. The text notes Parliament rarely rejects committee suggestions. Committees are described as "miniature legislatures" — they examine bills in detail before the full House votes.