Legislature

2.1 Core concepts

A legislature is "not merely a law-making body"; it is "the centre of all democratic political processes" and is "packed with action and drama." Even though contemporary executives are often described as the dominant branch — especially in countries with strong cabinets and presidents — every such executive must still retain a majority in the legislature and answer to it. Parliament is "the most representative organ"; it gives "the people of the country to chose their representatives"; and it is the body vested with the power "to choose and dismiss the government" — making it the very basis of representative democracy (NCERT §"Why Do We Need a Parliament?", p. 101).

The term 'Parliament' refers to the national legislature; State-level bodies are called State Legislatures. A legislature with two Houses is called a bicameral legislature; in India the two Houses are the Rajya Sabha (Council of States) and the Lok Sabha (House of the People) (NCERT §"Why Do We Need Two Houses of Parliament?", p. 102). The Constitution gives the States the option of a unicameral or bicameral legislature; at present only six States have bicameral legislatures — Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh (NCERT p. 103). The argument for bicameralism is that "countries with large size and much diversity usually prefer to have two houses of the national legislature to give representation to all sections" and to ensure "every decision that is taken by one house is reconsidered by another house" — a double check on every bill (NCERT pp. 103–104).

The Rajya Sabha is described as the Council of States and represents the States in Parliament. It is indirectly elected: representatives of each State are elected by the elected MLAs of that State's Legislative Assembly. Unlike the US Senate where each state has equal representation, the Indian Rajya Sabha allots seats by population as per the Fourth Schedule — Uttar Pradesh sends 31 members while small Sikkim sends just 1 (NCERT §"Rajya Sabha", pp. 104–105). Members of the Rajya Sabha serve a six-year term; one-third of members retire every two years, so the House is never fully dissolved — hence the permanent House description. Twelve members are nominated by the President from those distinguished in literature, science, art and social service (NCERT pp. 105–106).

The Lok Sabha is directly elected by universal adult suffrage from territorial constituencies of roughly equal population. There are at present 543 constituencies, a number unchanged since the 1971 census. The term of the Lok Sabha is a maximum of five years but it can be dissolved earlier; in an emergency the term may be extended for one year at a time, but not beyond six months after the emergency is over (NCERT §"Lok Sabha", p. 106).

The functions of Parliament: (i) Legislative — Parliament makes laws on subjects in the Union List and Concurrent List; (ii) Control of the Executive and ensuring its accountability — through the various instruments; (iii) Financial — controlling the budget, taxation, and expenditure; (iv) Representation — bringing diverse social and regional voices into the legislature; (v) Debating — the highest forum for discussing national issues; (vi) Constituent — Parliament has the power to amend the Constitution by special majority of both Houses; (vii) Electoral — both Houses participate in electing the President and Vice-President; (viii) Judicial — Parliament considers proposals for the removal of the President, Vice-President, and Supreme Court and High Court judges (NCERT §"What Does the Parliament Do?", pp. 107–109).

Powers of Rajya Sabha and Lok Sabha. The Rajya Sabha is given certain special powers: any proposal to legislate on a matter in the State List in the national interest requires a Rajya Sabha resolution; only the Rajya Sabha can initiate the procedure for the removal of the Vice-President; and only it can empower Parliament to legislate on State List subjects in certain situations (NCERT §"Powers of Rajya Sabha & Special Powers", pp. 109–110). The Lok Sabha exercises certain exclusive powers: the Rajya Sabha cannot initiate, reject or amend Money Bills; and the Council of Ministers is responsible only to the Lok Sabha, so the Rajya Sabha can criticise but not remove the government (NCERT §"Powers exercised only by the Lok Sabha", p. 110).

Law-making procedure (§"How Does the Parliament Make Laws?", pp. 111–114). Bills are classified by type — Government Bill (introduced by a minister) vs Private Member's Bill (introduced by a non-minister); Money Bill vs Non-Money Bill; Ordinary Bill vs Constitution Amendment Bill. A bill is introduced in either House (in the case of non-money bills), referred to a committee, discussed clause-by-clause and voted upon; then sent to the other House; on disagreement a joint session may be called for non-money bills; finally, the President assents and the bill becomes law. A Money Bill is special — under Article 109 it can be introduced only in the Lok Sabha; the Rajya Sabha can only suggest changes within 14 days, and the Lok Sabha may or may not accept them; if Rajya Sabha takes no action within 14 days, the bill is deemed to have been passed (NCERT box, p. 114).

The instruments of parliamentary control over the executive (§"Instruments of Parliamentary Control", pp. 115–117): deliberation and discussion through Question Hour, Zero Hour, half-an-hour discussion, adjournment motion and other devices; approval or refusal of laws; financial control via the budget, the Comptroller and Auditor-General's report, and the Public Accounts Committee; and the no-confidence motion — the most powerful weapon — by which the Lok Sabha can dismiss the entire Council of Ministers. Parliamentary privilege protects members from action for anything said in the legislature; the presiding officer has final powers in matters of breach of privilege (NCERT p. 115).

Since 1983 India has had a system of departmentally related parliamentary standing committees (over twenty of them); these committees are "miniature legislatures" because they have membership from all parties in proportion to their strength. Joint Parliamentary Committees (JPCs) are formed for specific bills or to investigate financial irregularities — they have members from both Houses (NCERT §"What Do the Committees of Parliament Do?", pp. 118–119).

Parliament regulates itself (§"How Does the Parliament Regulate Itself?", pp. 120–121). The presiding officers (Speaker in the Lok Sabha, Chairman in the Rajya Sabha — the Vice-President) have powers to maintain order. The Anti-Defection Law was added by the 52nd Constitutional Amendment in 1985, and was modified by the 91st Amendment. The presiding officer of the House decides defection cases; a member found to have defected loses both House membership and eligibility for political office such as ministership. Defection means remaining absent when asked by the party to be present, voting against party instructions, or voluntarily leaving the party. The law has empowered party leaders and presiding officers but has not curbed defections (NCERT pp. 120–121).

2.2 Definitions to memorise

2.3 Diagrams / processes to remember

• Flowchart of how a bill becomes law (NCERT chart, p. 111): People's inputs → introduction in either House (for non-money bills) → committee study and report → detailed discussion → voting → sent to the other House → joint session if needed → President's assent → Law.
• Types of Bills tree (NCERT figure, p. 112): Government Bill / Private Member's Bill, branching into Money Bill / Non-Money Bill, with Non-Money Bill splitting into Ordinary Bill / Constitution Amendment Bill.
• Comparative chart of Powers of Lok Sabha vs Powers of Rajya Sabha (NCERT table, p. 109).
• Article 109 box (NCERT, p. 114) reproducing the special procedure for Money Bills — they cannot be introduced in the Council of States.
• Process of removal of Vice-President: initiated only by the Rajya Sabha, requires a resolution agreed to by the Lok Sabha.
• Process of no-confidence motion: any Lok Sabha member can move; if the motion is admitted by the Speaker, it is debated and voted on; if it carries, the entire Council of Ministers must resign.

2.4 Common confusions / NTA trap points

• Six bicameral States — students often substitute J&K, Madhya Pradesh or West Bengal; the correct list is AP, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh (p. 103).
• Rajya Sabha seat allocation is by population (Fourth Schedule), NOT equal per state as in the US Senate — a frequent trap (pp. 104–105).
• Money bills can be introduced ONLY in Lok Sabha; the Rajya Sabha cannot reject or amend them, only suggest changes within 14 days (pp. 113–114, Article 109).
• Only the Rajya Sabha can initiate the procedure for removal of the Vice-President; the Council of Ministers is responsible only to the Lok Sabha (pp. 109–110).
• Anti-defection law was inserted by the 52nd Amendment (1985) and modified by the 91st Amendment — NTA often swaps 42nd/44th/91st as distractors (p. 120).
• The number 543 of Lok Sabha constituencies has been fixed since the 1971 census, not since 1951 or 1976 (p. 106).
• One-third of Rajya Sabha members retire every two years — distractor may say "every year" or "every three years" (p. 105).
• 12 members are nominated by the President to the Rajya Sabha — not 14 or 10 (p. 106).
• Standing Committees have existed since 1983 — distractor often gives 1952 or 1991 (p. 118).
• Presiding officer (Speaker) — not the Election Commission or Supreme Court — decides defection cases (p. 120).
• The Council of Ministers is responsible only to the Lok Sabha — NTA distractors say "both Houses" or "Rajya Sabha" (p. 110).
• Joint sittings are not available for Money Bills or Constitution Amendment Bills — only for ordinary non-money bills on which the two Houses disagree.

2.5 Key Articles / Amendments / Bodies table