Chapter 16: The Union Legislature PDF

# CHAPTER 16 The Union Legislature ## Learning Outcomes - Parliamentary form of government - Three organs of the government - Powers and functions of the Union Parliament - Composition of the Indian Parliament - Lok Sabha and Rajya Sabha India is a parliamentary democracy. The people of India choo...

# CHAPTER 16 The Union Legislature ## Learning Outcomes - Parliamentary form of government - Three organs of the government - Powers and functions of the Union Parliament - Composition of the Indian Parliament - Lok Sabha and Rajya Sabha India is a parliamentary democracy. The people of India choose their representatives, who form the government, both at the centre and the state levels. These representatives work through the legislatures: the Parliament for the centre and the state legislatures for the states. The President of India is the Head of the State. However, his/her powers are nominal, and he/she discharges the duties on the advice of the Prime Minister and his/her Council of Ministers. The Prime Minister of India is the head of the government, and is the person responsible for governing India. ## Three Organs of Government The Indian Constitution divides the powers and functions of the government between its three organs. They are the legislature, executive and judiciary. Governments at both the centre and the states comprise these organs. The distribution of powers between them ensures that there is a balance in the system of governance in India. ### Global Connect Countries like the USA follow the Presidential form of government, where the government is led by a President who serves as both the head of state and the head of the executive. In such a system, the executive is separate from the legislature, and is not answerable to it. ### Government | Branch | Function | |---|---| | Legislature | Formulates laws | | Executive | Implements laws | | Judiciary | Interprets laws | ## The Parliament of India The Parliament of India is the legislature for the Central Government in India, and makes laws for the entire country. The Prime Minister and the Council of Ministers, along with the President and the Vice President, form the executive. In a parliamentary democracy, the executive and the legislature work very closely. The executive is responsible to the legislature for its policies and actions. ### Jurisdiction of Union and State Legislatures The Indian Constitution divides the powers of the Union (or Central) and State governments into three lists: Union list, State list and Concurrent list. - **The Union List:** Contains subjects of national importance on which only the Union government can make laws. - **The State List:** Contains subjects of regional importance, on which the state governments can make laws. - **The Concurrent List:** Contains issues of both national and regional importance, on which both the Union and state legislatures can make laws. However, in case of conflict over any law made on a subject under the Concurrent list, the Union law will prevail upon the State law. ### The Union Parliament The Parliament of India the Union legislature. It is the central law-making body, which formulates laws for the entire country. It comprises the President of India and the two houses - Lok Sabha and Rajya Sabha. The presence of two houses make the Indian Parliament a bicameral legislature. #### Lok Sabha The Lok Sabha or the Lower House is the House of the People. It comprises representatives elected directly by the people. The Constitution of India provides for universal adult franchise. All Indian citizens, 18 years of age or above, have the right to vote. **Composition:** - The maximum strength of the Lok Sabha can be 552 members. - Of these, 530 members are elected from the states of India. These members are directly elected by the people of the country. - A maximum of 20 members can be elected from the union territories of India. - The President of India has the power to nominate two members from the Anglo-Indian community to the Lok Sabha. **Term:** - The Lok Sabha has a term of five years, after which fresh general elections are held in India to elect a new Lok Sabha. The President can dissolve the Lok Sabha before its term is over in accordance to the terms and conditions of the constitution. **Qualifications** To be a member of the Lok Sabha, a person must be: - A citizen of India - At least 25 years of age - A registered voter **Presiding Officer:** The presiding officer of the Lok Sabha is the Speaker. The meetings of the Lok Sabha are called sessions. The Speaker presides over the sessions, conducts discussions, and maintains discipline in the house. #### Rajya Sabha The Upper House of the Parliament is the Rajya Sabha, or the Council of States. Most of its members are indirectly elected by elected members of the Legislative Assemblies of the states. **Composition:** - The maximum strength of the Rajya Sabha is 250 members. - Of the 250 members, 238 represent the states and union territories of India. Seats in the Rajya Sabha are allotted to each state based on its population. - The President nominates 12 members to the Rajya Sabha from among distinguished people in the spheres of arts, literature, science, sports and social service. **Term:** - Unlike the Lok Sabha, the Rajya Sabha is a permanent house. It cannot be dissolved by the President. Each member is elected for a period of six years. One-third of its members retire every two years, and new members are elected. **Qualifications:** To be a member of the Rajya Sabha, a person needs to be: - A citizen of India - Of 30 years of age. - A registered voter. **Presiding Officer:** The Vice President of India is the presiding officer of the Rajya Sabha. He is the counterpart of the Speaker in the lower house and discharges the same duties as the Speaker. ## Powers and Functions of Indian Parliament ### Legislative Functions - Law-making is the primary function of the Parliament. The Parliament is empowered by the Constitution to legislate on all matters listed in the Union list. The Parliament and the state legislatures have joint jurisdiction over the matters in the Concurrent list. - The Parliament can also amend the provisions of the Constitution of India. ### Control Over the Executive - The Parliament keeps a watch over the activities of the executive or the Council of Ministers. In a parliamentary form of government, the executive is accountable to the Lok Sabha for all acts and policies. - The Lok Sabha can remove the executive from power by a vote of no confidence. - It may reject a bill or a budget proposal of the Cabinet. - The Parliament can discuss government policies and question the ministers on the working of their ministries. In this way, it keeps a check on the working of the government. ### Financial functions Parliamentary control over finance is an important check to prevent the executive from assuming arbitrary powers. - The executive cannot spend any money without parliamentary sanction. - The annual budget prepared by the Cabinet is submitted to the Parliament for approval. - The Parliament also approves all proposals of the Union government to impose taxes. - Money bills can originate only in the Lok Sabha. ### Electoral Functions - The members of the Parliament participate in the elections of the President and the Vice President. - It also elects some of its members to various committees of the Parliament. ### Judicial Functions - The Constitution vests in the Parliament the power to impeach the President, the Vice-President and other high officers like the judges of the Supreme Court and High Courts, the Auditor-General, and members of the Public Service Commission.