Political Science: Class 11 (Book 2) — Chapter 5: Chapter Five: LEGISLATURE

• Beyond Lawmaking: Lawmaking is only one function. Parliament is packed with dynamic actions like walkouts, protests, demonstrations, unanimity, concern, and co-operation.
• Executive Accountability: Even strong cabinets with a majority must face Parliament and answer to its satisfaction. It is the most representative organ of government, vested with the power to choose and dismiss the government.

In February 2002, the Union Finance Minister proposed a hike in fertilizer prices (urea). Following intense opposition pressure, protests, and walkouts in the Lok Sabha, the government rolled back the price increases in March 2002. A similar scenario occurred in June 1998 when opposition walkouts forced a rollback of a proposed urea subsidy reduction.

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Political Analysis & Systemic Significance: This demonstrates the practical power of parliamentary opposition and debate. Even a government with a working majority must remain responsive to legislative pressure, showing that the legislature is not a mere rubber stamp but an active forum for holding the executive accountable to public interest.

At present, only six states in India have a bicameral legislature:

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

The Rajya Sabha represents the states of India through an indirect election system. Residents of each state elect members to their State Legislative Assembly (MLAs), who in turn elect the members of the Rajya Sabha.

• Principles of Representation: Symmetrical representation (equal seats for all states regardless of size, as in the US Senate) vs. Asymmetrical representation (seats allocated based on population, as in India). Under the Fourth Schedule of the Indian Constitution, seats are allocated based on population (e.g., Uttar Pradesh has 31 seats, while Sikkim has 1).
• Term and Permanence: Members are elected for a term of six years. It is a permanent house and cannot be fully dissolved. Every two years, one-third of its members complete their term, and elections are held for those seats only.
• Nominated Members: The President nominates 12 members from the fields of literature, science, art, and social service.

Germany has a bicameral legislature consisting of the Bundestag (Federal Assembly) and the Bundesrat (Federal Council). The 16 federal states are represented in the Bundesrat, where its 69 seats are divided based on population. Members of the Bundesrat are generally ministers from state-level governments and are appointed, not elected. They must vote as a bloc according to state government instructions.

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Political Analysis & Systemic Significance: Unlike the Indian Rajya Sabha, where members vote individually and often along party lines rather than state lines, the German Bundesrat strictly represents state executive interests, showcasing a highly integrated form of executive federalism.

The Lok Sabha is directly elected by the people based on universal adult suffrage.

• Constituencies: The country is divided into territorial constituencies of roughly equal population. Currently, there are 543 constituencies (unchanged since the 1971 census).
• Term: Elected for a maximum period of five years. It can be dissolved before the completion of five years by the President on the advice of the Prime Minister, or if no party/coalition can form a government.

• Legislative Function: Enacts legislations. While the bureaucracy drafts the bills under ministerial supervision, the Parliament debates and approves them.
• Control of Executive: Ensures that the executive remains accountable to the people and does not overstep its authority.
• Financial Function: Controls taxation and public spending. The government must seek approval from the Lok Sabha for any tax proposals or budget allocations.
• Representation: Reflects the diverse regional, social, economic, and religious views of the nation.
• Debating Function: Serves as the highest forum of debate in the country, where members can speak freely without fear of legal action.
• Constituent Function: Discusses and enacts constitutional amendments, requiring a special majority in both Houses.
• Electoral Function: Participates in electing the President and Vice President of India.
• Judicial Function: Considers proposals for the removal (impeachment) of the President, Vice President, and judges of the Supreme Court and High Courts.

• Special Powers of Rajya Sabha: Under the federal principle, any matter affecting the states must be referred to the Rajya Sabha. If the Union Parliament wishes to legislate on a subject from the State List, it requires the approval of the Rajya Sabha.
• Special Powers of Lok Sabha: The Lok Sabha has exclusive power over Money Bills (Article 109). The Rajya Sabha cannot initiate, reject, or amend money bills; it can only suggest changes within 14 days. Furthermore, the Council of Ministers is collectively responsible only to the Lok Sabha, meaning only the Lok Sabha can pass a No-Confidence Motion to dismiss the government.

• Government Bill: Proposed by a minister.
• Private Member's Bill: Proposed by any member of Parliament who is not a minister.
• Money Bill: Deals with taxation, public expenditure, or borrowing (can only be introduced in the Lok Sabha).
• Non-Money Bill: Includes Ordinary Bills and Constitution Amendment Bills.

1. Introduction: The bill is introduced in either House (except Money Bills, which must start in the Lok Sabha).
2. Committee Stage: The bill is referred to a departmentally related standing committee for detailed, non-partisan scrutiny. Committees are often called "miniature legislatures."
3. Report Stage: The committee submits its report to the House, which may or may not accept the recommendations.
4. Detailed Discussion & Voting: The bill is discussed clause-by-clause in the House and voted upon.
5. Transmission to the Other House: Once passed, the bill is sent to the other House, where it undergoes the same process.
6. Resolving Deadlocks: If there is a disagreement between the two Houses, a Joint Session of Parliament may be called. In practice, the Lok Sabha's numerical superiority usually decides the outcome.
7. Presidential Assent: The bill is sent to the President. Once the President signs it, the bill becomes law. The President can return non-money bills once for reconsideration.

• Deliberation and Discussion:
  • Question Hour : Held daily during sessions; ministers must answer questions on public interest issues (e.g., price rise, corruption, policy implementation).
  • Zero Hour : Members can raise urgent matters of public importance without prior notice (ministers are not bound to reply).
  • Adjournment Motion : Introduced to draw attention to a matter of urgent public importance, disrupting normal business.
• Approval or Refusal of Laws: A government must maintain its majority to pass bills. If the government lacks a majority in the Rajya Sabha, it must negotiate and make concessions (e.g., the rejection of the Prevention of Terrorism Bill in 2002).
• Financial Control: The legislature controls the purse strings. The budget must be approved by the Lok Sabha. The Comptroller and Auditor General (CAG) and the Public Accounts Committee assist in checking financial propriety.
• No-Confidence Motion: The most powerful weapon. If the Lok Sabha passes a motion of no-confidence, the government must resign. This became highly relevant in the coalition era post-1989.

• Standing Committees: Since 1983, India has developed a system of over 20 departmentally related standing committees. They supervise the work, budgets, and bills of various ministries.
• Joint Parliamentary Committees (JPCs): Set up for specific purposes, such as investigating financial irregularities or discussing a specific bill, with members from both Houses.

The presiding officer of the House (Speaker in Lok Sabha, Chairman in Rajya Sabha) is the final authority in regulating the business of the legislature.

• Anti-Defection Law: Introduced via the 52nd Amendment Act in 1985 and modified by the 91st Amendment Act . It prevents elected members from switching political parties after elections.
• Definition of Defection: If a member voluntarily leaves their party, votes against party instructions (whip), or remains absent during a vote without permission, they are deemed to have defected.
• Consequences: Defectors lose their legislative membership and are disqualified from holding any political office, including ministerships. The presiding officer of the House makes the final decision on defection cases.