Legislature

Written and reviewed by Subhra Gupta, Humanities faculty at UniDrill (M.A. Sociology, University of Delhi · 7 years teaching Humanities). Based on NCERT Political Science Class XI (Indian Constitution at Work), Chapter 5.

Why does one House get to sack the government and the other cannot?

Parliament has two Houses, and they are not equal. The Lok Sabha can pass a motion that forces the government out. The Rajya Sabha can criticise the government all day, but cannot remove it. A Money Bill can start only in the Lok Sabha. The Rajya Sabha alone can start the process of removing the Vice-President. This chapter explains why the work is divided this way, and it gives you the facts that CUET checks again and again.

Why a country needs a legislature

A legislature is more than a law factory. It is the place where the country's different voices meet, where the government must explain itself and where laws are debated before they bind everyone. Even where the executive looks dominant, it still needs a majority in the legislature and has to answer to it.

Two Houses: why and where

A legislature with two Houses is called bicameral. The argument for a second House is that large and diverse countries need all sections and regions represented, and that every decision taken by one House gets looked at again by the other. It is a built in second opinion on every bill.

The Constitution lets each State choose between one House and two. At present six States have a second House (Vidhan Parishad): Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

Two views. For the exam: a second House gives representation to the States and a second look at laws. Another reading: critics of the second chamber argue that an indirectly elected House slows decisions and duplicates the work of the directly elected one. Defenders reply that India's size and diversity need a body that speaks for the States and has members with different experience. This is a long running debate about all bicameral systems.

The two Houses compared

Three small facts are asked often. The Lok Sabha constituencies number 543 and have been fixed on the basis of the 1971 census. In an emergency, the term of the Lok Sabha can be extended by one year at a time, but not beyond six months after the emergency ends. And the President nominates twelve members to the Rajya Sabha from people with distinction in literature, science, art and social service.

Why the Rajya Sabha is "permanent". Because one third of its members retire every second year, the House always has two thirds of its experienced members. It is never dissolved all at once.

Why seats are by population. The Rajya Sabha differs from the US Senate, where every State gets the same number of seats. Here larger States get more seats, which is why Uttar Pradesh has 31 members and Sikkim has one.

Who can do what

Why the Lok Sabha holds the money and the confidence of the government. It is directly elected, so it answers to the voters. The government spends public money and runs on the confidence of elected representatives, so the final say lies with the directly elected House.

Pause and predict: the Rajya Sabha disagrees with a Money Bill passed by the Lok Sabha and returns it with suggestions after 10 days. What happens next? What if it does nothing for 20 days?

Check your answer: in the first case the Lok Sabha may accept or reject the suggestions and then goes ahead. In the second the bill is deemed passed by both Houses once the 14 day limit ends.

How a bill becomes a law

The path of an ordinary bill in one line: introduction in either House → committee study → clause by clause discussion → vote → the other House repeats the steps → joint sitting if the Houses disagree → the President's assent → law.

Joint sitting. If the Houses cannot agree on an ordinary bill, a joint sitting may be called, and the matter is decided by a majority of members present and voting. Since the Lok Sabha has more members, its view generally prevails. There is no joint sitting for a Money Bill, and none for a Constitution Amendment Bill.

Money Bill procedure under Article 109. The bill is introduced only in the Lok Sabha. After it is passed, it goes to the Rajya Sabha, which has 14 days to suggest changes. The Lok Sabha may accept or reject them. If the Rajya Sabha does nothing within 14 days, the bill is deemed passed.

How Parliament keeps the executive in check

A government is only as accountable as the tools that can be used against it. Parliament has a toolbox, from the gentlest to the strongest.

Beyond the textbook. For the exam: Zero Hour is when members raise any matter without notice. In reality: Zero Hour is not described in the formal rules of procedure. It grew out of practice and is now an accepted part of the day's business. Why it matters: a question may ask you to separate Question Hour, which is part of the formal agenda, from Zero Hour, which is not.

Parliamentary privilege. Members are protected from legal action for what they say in the House. The purpose is to let them speak without fear on behalf of the people who elected them. The presiding officer has the final say on breaches of privilege.

Committees: the miniature legislatures

Parliament does not have the time to examine every bill and every ministry in detail on the floor of the House. So it relies on committees.

Because every party is represented in proportion to its strength, the committees bring members together across party lines.

How Parliament regulates itself

The Speaker presides over the Lok Sabha and the Chairman, who is the Vice-President, over the Rajya Sabha. They keep order and decide procedure.

The anti defection law. Elected members sometimes switch parties for personal gain, and that can topple a government. The law, introduced by the 52nd Amendment (1985) and changed by the 91st Amendment, disqualifies a member who voluntarily leaves the party or votes against or stays away from a vote against the party's instructions. The disqualified member loses membership of the House and cannot hold office such as a ministership. The presiding officer decides defection cases.

Two views. For the exam: the anti defection law is meant to bring stability and discipline. Another reading: one view is that it stops members from being lured away and keeps governments steady. The other view is that it strengthens party leaders against individual members and limits independent voting on matters of conscience. The textbook notes that, while it has given more power to party leaders and presiding officers, it has not ended defections.

Timeline

Exam traps

60-second revision

Where this chapter connects

• Previous: Executive explains the Council of Ministers that answers to the Lok Sabha.
• Next: Judiciary shows how courts check the laws Parliament passes.
• Related: Election and Representation explains how members of both Houses are elected.
• Related: Constitution as a Living Document covers Parliament's amending power.