Legislature || 11th Class Pol. Science Ch-5 ( Book-1) || Notes 

There are three organs of government :-

Legislature 

executive 

Judiciary 

According to Article 76 of the Constitution, the Indian Parliament consists of two houses as well as the President.

️ Legislature :-

The legislature of the Union is called the Parliament, it is composed of the President and two houses, which are the Council of State (Rajya Sabha) and the House of the People (Lok Sabha). The legislature of the states is called legislature or assembly. 

The legislature is elected by the people. Therefore it makes the law by becoming the representative of the people. Its debate, protest, demonstration, exit, consensus, concern and cooperation, etc., keeps it very lively. 

The importance of the legislature is very high in a democratic government. Parliamentary system of government has been adopted in India which is based on the British system. 

There are two types of legislature :-

(1) Parliament at the center

(2) State Legislature in the State

️ Indian Parliament has two parts :-

Lok Sabha :- The temporary house of the Indian Parliament is called Lok Sabha. Whose term is of 5 years and its 542 members are elected.

Rajya Sabha :- The other house of the Indian Parliament which is permanent is called Rajya Sabha. The term of its members is 6 years.

Requirement of two houses in Parliament :- 

Countries full of diversity often want a bicameral national legislature so that all sections of the society can be given proper representation. 

Another advantage of this is that every decision taken by one house gets reconsidered in the other house. 

Every bill and policy is considered twice. 

One house cannot impose any decision in haste.

️ Major Functions of Parliament :-

Making laws. 

Control over the executive.

Financial Functions: Passing the Budget 

Constitution amendment.

Election related work. 

Judicial work.

Representation.

Forum for debate. 

Control of foreign policy.

Thoughtful work.

️ Provinces with bicameral legislature :-

Bihar

Jammu and Kashmir

Uttar Pradesh

Maharashtra

Karnataka 

️ Rajya Sabha :-

The upper house of the Indian Parliament is the Rajya Sabha, it has a maximum of 250 members, of which 12 are nominated by the President and 238 are elected by indirect elections by the states. They are elected for 6 years. Rajya Sabha is a permanent house. After every two years, one-third of the members are elected. Nominated members are drawn from the fields of literature, science, art, social service, sports etc. 

Qualifications to become a member of Rajya Sabha :-

He should be a citizen of India.

Be 30 years old. 

They are elected by the Single Transferable Proportional Representation System. 

According to the Representation of the People Act of 1951, the name of the candidate of Rajya Sabha or Lok Sabha must be registered in some parliamentary constituency.

️ Powers of Rajya Sabha :-

Considers and passes ordinary bills and proposes amendments to money bills. 

Passes constitutional amendments. 

Controls the executive by asking questions and presenting resolutions and proposals. 

Participates in the election of the President and Vice-President and can remove them and the judges of the Supreme Court. 

The proposal to remove the Vice-President can be brought only in the Rajya Sabha. 

It can empower the Parliament to make laws on the subjects of the State List. 

It protects the interests (powers) of the states.

️ Financial Powers :-

The Rajya Sabha can consider the Finance Bill for 14 days. 

Constitutional amendment powers. 

Administrative Powers – Questions can be asked to the ministers in relation to their departments in the Rajya Sabha. 

Other Powers On election, impeachment, declaration of emergency, removal of the judge from his office, permission is necessary on both the houses. 

️ Lok Sabha :-

The Lok Sabha is the lower house of the Indian Parliament. It can have a maximum of 550 members. At present there are 543 elected members of the Lok Sabha and two members (Anglo-Indians) can be nominated by the President. The members of the Lok Sabha are elected directly by the public, its term is fixed for 5 years but it can be dissolved even before time. 

Lok Sabha is more powerful because of the parliamentary system of government in India because its members are directly elected. It also has the power to remove the executive.

Qualifications to become a member of Lok Sabha :-

Citizen of India.

Age 25 years.

Don't be mad and bankrupt.

Do not hold any profitable government post.

️ Special Powers of Lok Sabha :-

Makes laws on the subjects of the Union List and the Concurrent List. Introduces and passes Money Bills and General Bills.

Approves tax proposals, budgets and annual financial statements.

Controls the executive by asking questions, asking supplementary questions, bringing motions and through no-confidence motions.

The Lok Sabha does the work of amending the constitution.

Approves the declaration of emergency.

Elects the President and Vice-President and can remove them and the judges of the Supreme Court.

Constitutes committees and commissions and considers their reports.

Money Bills can be introduced only in Lok Sabha. The Lok Sabha has more powers than the Rajya Sabha. Rajya Sabha is not elected by the people but by the MLAs.

In the democratic system adopted by the constitution, the people have the ultimate power. This is the reason why the Constitution has given the power to remove the government and control the finances only with the elected representatives (Lok Sabha).

️ Procedure for making laws :-

Bill: - The draft of the proposed law is called a bill.

Bill Proposed Law Draft Article 107-112 Law making.

️ Types of Bills :-

There are two types of bills :-

🔶 Government Bill (which is served by ministers.)

1.  Money Bill

2.  Ordinary Bill

3.  Constitution Amendment Bill

Private Bill (introduced by another member of Parliament)

1.  Ordinary Bill

2.  Constitution Amendment Bill

️ Government Bill :-

A bill which is introduced/introduced by a minister of the government in the Parliament. It is called a government bill. There are two types of government bills.

🔶 simple bill - all government legislation, except money or money bill are simple bill. For example, for the matters related to the public, a new law has to be made or any amendment has to be made in the constitution.

There are two types of ordinary bills.

1. General Bill 

2. Constitution Amendment Bill 

🔶 funds or financial legislation: - That Bill which says any new tax, rebate or other related financial transactions or funding for a task financial legislation bill.

️ Non-Government Bill :-

A bill which is presented in Parliament by a member of Parliament other than a minister, is called a private bill.

️ Process :-

First reading.

Second Reading (Committee Level) 

Discussion on the report of the committee 

Third reading. 

Procedure in the second house. 

President's approval. 

️ Means of Parliamentary Control :-

Debate and Discussion – Question Hour, Zero Hour, Adjournment Motion. 

Acceptance or rejection of laws. 

Financial control. 

No-confidence motion, censure motion.

️ Parliamentary Committees :-

The formation of committees for various legislative and day-to-day business is an essential aspect of parliamentary work. It discusses various matters and supervises administrative work.

️ Financial Committees :-

Public Accounts Committee: - Whether the expenditure of various departments of the Government of India has been done according to the rules or not. 

Estimates Committee:- How can one be economical in expenditure. 

Public Undertaking: - Examines the reports of government industries whether the industry or business is being run efficiently or not. 

️ Departmental Standing Committees :-

Regulatory Committee. 

Privileges Committee. 

Business Advisory Committee. 

Assurance Committee. 

️ Ad hoc committees :-

It is constituted from time to time to investigate and report on specific subjects. Joint Committee on Bofors Agreements. The Parliament rarely rejects the suggestions made by the committees. 

How does the Parliament control itself :-

Parliament to be meaningful and disciplined. 

The Speaker of the House is the supreme authority in matters of the proceedings of the legislature. 

The 52nd amendment was made in 1985 by the Anti-Defection Act. Amended by the 91st Constitutional Amendment. If a member, despite the orders of the leadership of his party - does not appear in the house or votes in the house against the direction of the party or voluntarily resigns from the membership of the party, it is called 'defection'. The Speaker can disqualify him from the membership of the House.

In the Indian federal government, 29 states and 7 union governing units form the federal government in India. Delhi has been given the status of National Capital Region.

The system of legislature is not the same in every state of India. In some states there is a unilateral system and in some states there is a bicameral system. 

The task of making laws in the states has been given to the legislatures :-

1. Legislative Assembly to the Lower House. 

2. The Upper House is called the Legislative Council. 

️ Bicameral State :-

Jammu and Kashmir, Uttar Pradesh, Telangana, Bihar, Maharashtra, Karnataka and Andhra Pradesh, seven states, all other states are unicameral. 

️ Powers of the Legislative Assembly :-

Legislative power. 

Financial powers. 

Executive powers. 

Election related work. 

Constitutional amendment powers. 

️ Powers of Legislative Council :-

Legislative Powers. 

Financial powers. 

Executive powers. 

Despite both the houses being the essential parts of the state legislature, the constitution has given the assembly a very powerful and influential position.

️ Defection :-

If a member does not appear in the house despite the orders of the leadership of his party or votes in the house against the direction of the party or voluntarily gives the membership of the party, then it is called defection.

️ Anti-defection law :-

By the 52nd Amendment of the Constitution, a law was made in 1985 by which the Speaker of the House controls the behavior of its members. This is called the Anti-Defection Act. If it is proved that a member has defected, then his membership of the House is terminated. And such a defector is disqualified for any political post.