Union Legislature and State Government

Study Notes

The Parliament of India serves as the supreme legislative body in the Union government, reflecting the Parliamentary form of governance adopted from the British model.
Articles 79 to 122 in Part V of the Constitution outline the Parliament's structure, composition, duration, officials, procedures, privileges, and powers.
The President of India is a vital part of the legislature, unlike in the USA where the President is separate from Congress.

Rajya Sabha, the Upper House, represents states and union territories, termed the permanent House as it is never fully dissolved.
Its maximum membership is 250, composed of 238 representatives of states and UTs (elected indirectly) and 12 nominated by the President, with a current strength of 245.
Representatives from states are elected by state legislative assembly members; UTs have limited representation based on population.
Members nominated by the President possess special knowledge or experience in various fields, ensuring distinguished individuals contribute to the House.
Rajya Sabha plays a crucial role in reviewing, altering, and initiating legislation, with state-related matters requiring its consent for any changes.

Lok Sabha, the Lower House, represents the people of India and has a maximum strength of 550, currently comprising 543 members (530 from states and 13 from UTs).
Members are directly elected from territorial constituencies in the states and UTs, following the Union Territories Act of 1965.
A key function is to select the executive responsible for implementing laws; the executive is often identified with the government.
In case of differences between Houses, a joint sitting determines the final decision, with Lok Sabha’s larger presence influencing outcomes.
Lok Sabha wields greater financial authority; once it passes budgets and financial laws, Rajya Sabha can only delay or suggest changes but cannot reject them.
The majority in Lok Sabha can express no confidence in the Council of Ministers, requiring their resignation, a power not held by Rajya Sabha.

The President is a formal part of Parliament but does not attend or sit in parliamentary meetings, acting as the head of state.
Elected by both Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).
Must provide assent for bills passed by both Houses, summon and prorogue sessions, and dissolve the Lok Sabha.

Rajya Sabha members serve six-year terms, with one-third retiring every two years, allowing re-election.
Lok Sabha's normal term is five years, but it can be dissolved earlier by the President, with a possible extension during a national emergency.

The Vice-President of India serves as the ex-officio Chairman of Rajya Sabha, with a Deputy Chairman elected by members presiding in their absence.
Lok Sabha is presided over by a Speaker, who remains in office after dissolution until a new Speaker is elected, with a Deputy Speaker assisting when needed.

Article 163 discusses the Governor's relationship with the State Council of Ministers.
The Governor acts as a Constitutional head and bridges the Union and State governments, as outlined in Part VI of the Constitution.
Sarojini Naidu was the first female Governor of an Indian state (Uttar Pradesh), while Nandini Satpathy was the second female Chief Minister of Independent India.
The Chief Minister is appointed by the Governor, who also appoints the Council of Ministers on the Chief Minister’s advice.