Why Do We Need a Parliament? PDF

Unit Two Social and Political Life 28 2024-25  the Making of Laws...

Unit Two Social and Political Life 28 2024-25  the Making of Laws Parliament and Teacher’s Note This is a continuation of the theme of government that has already been dealt with in the Class VI and VII textbooks. Hence, a recap of ideas is important especially those related to elections, representation and participation. These ideas can be made more clear to students through bringing in actual examples into the classroom. Newspaper and TV reports could be used to facilitate this. Chapter 3 discusses some of the functions of Parliament. The ways in which these connect to the idea of parliamentary democracy need to be emphasised. Hence it is important to explain the critical role played by citizens and allow students to air views regarding this. At times students might be cynical about the political process and your role as a teacher is not to dismiss or agree with this cynicism but rather redirect it towards what the Constitution intends. Chapter 3 is also on understanding laws. Children have little exposure to laws. Therefore, they would require more examples from a familiar context. It is through this they can figure out that laws are meant to apply in an equitable manner. The storyboard contained in Chapter 3 portrays how a new law comes into being. The focus of this storyboard is not on the processes within Parliament. In contrast, the storyboard highlights the important role that people play in transforming an urgent social issue into law. In addition to the law already highlighted, it would be good to discuss another example of a new/contemplated law so that students can relate to the role of people in bringing this about. The chapter ends with a section on unpopular laws. These refer to laws that often restrict the Fundamental Rights of certain populations. History provides us with examples of several groups that protest what they view as unjust laws. Bring in these examples into the classroom to discuss how a law can be unpopular. Allow students to research more examples in the Indian context and debate these in the classroom using the Fundamental Rights listed in Chapter 1 as their yardstick. 29 2024-25 Chapter 3 Parliament and the Making of Laws We in India pride ourselves on being a democracy. Here we will try and understand the relation between the ideas of participation in decision-making and the need for all democratic governments to have the consent of their citizens. It is these elements that together make us a democracy and this is best expressed in the institution of the Parliament. In this chapter, we will try to see how the Parliament enables citizens of India to participate in decision making and control the government, thus making it the most important symbol of Indian democracy and a key feature of the Constitution. Social and Political Life 30 2024-25  Parliament and the Making of Laws Why should People Decide? India, as we know, became independent on 15 August 1947. What do you think the artist Preceding this was a long and difficult struggle in which is trying to convey through many sections of society participated. People from various the image of Parliament on the previous page? backgrounds joined the struggle and they were inspired by the ideas of freedom, equality and participation in decision– making. Under colonial rule, the people had lived in fear of the British government and did not agree with many of the decisions that they took. But they faced grave danger if they tried to criticise these decisions. The freedom movement changed this situation. The nationalists began to openly criticise the British government and make demands. As far back as 1885, the Indian National Congress demanded that there be elected members in the legislature with a right to discuss the budget and ask questions. The Government of India Act 1909, allowed for some elected representation. While these early legislatures under the British government were in response to the growing demands of the nationalists, they did not allow for all adults to vote nor could people participate in decision making. As you read in Chapter 1, the experience of colonial rule as well as the participation of different people in the struggle for freedom left little doubt in the minds of the nationalists that all persons in independent India would be able to participate in making decisions. With the coming of independence, we were going to be citizens of a free country. This did not mean that the government could do what it felt like, it meant that the government had to be The above photo shows a voter reading instructions on how to use an Electronic Voting sensitive to people’s needs and demands. The dreams and Machine (EVM). EVMs were used throughout aspirations of the freedom struggle were made concrete in the country for the first time in the 2004 the Constitution of independent India that laid down the general elections. The use of EVMs in 2004 saved around 1,50,000 trees which would principle of universal adult franchise, i.e. that all adult have been cut to produce about 8,000 tons of citizens of the country have the right to vote. paper for printing the ballot papers. 31 Chapter 3: Parliament and the Making of Laws 2024-25 Give one reason why you think People and their Representatives there should be universal adult franchise. The take-off point for a democracy is the idea of consent, i.e. Do you think there would be the desire, approval and participation of people. It is the any difference if the class decision of people that creates a democratic government and monitor was selected by the decides about its functioning. The basic idea in this kind of teacher or elected by the democracy is that the individual or the citizen is the most students? Discuss. important person and that in principle the government as well as other public institutions need to have the trust of these citizens. How does the individual give approval to the government? One way of doing so, as you read, is through elections. People would elect their representatives to the Parliament, then, one group from among these elected representatives forms the government. The Parliament, which is made up of all representatives together, controls and guides the government. In this sense people, through their chosen representatives, form the government and also control it. This photo shows election staff using an elephant to carry polling material and EVMs to polling stations located in difficult terrain. Social and Political Life 32 2024-25 The above idea of representation has been an important theme in your Class VI and VII Social and Political Life textbooks. You are familiar with how representatives are chosen at different levels of government. Let us recall these ideas by doing the following exercises. 1. Use the terms ‘constituency’ and ‘represent’ to explain who an MLA is and how the person gets elected? 2. Discuss with your teacher the difference between a State Legislative Assembly (Vidhan Sabha) and the Parliament (Lok Sabha). 3. From the list below, identify the work of a State government and that of a Central government. (a) The decision of the Indian government to maintain peaceful relations with China. (b) The decision of the Madhya Pradesh government to discontinue Board exams in Class VIII for all schools under this Board. (c) Introduction of a new train connection between Ajmer and Mysore. Q (d) Introduction of a new 1,000 rupee note. 4. Fill in the blanks with the following words. universal adult franchise; MLAs; representatives; directly Democratic governments in our times are usually referred to as representative democracies. In representative democracies, people do not participate ……...............… but, instead, choose their ….............……..through an election process. These …….......….. meet and make decisions for the entire population. These days, a government cannot call itself democratic unless it allows what is known as............................................ This means that all adult citizens in the country are allowed to vote. 5. You have read that most elected members whether in the Panchayat, or the Vidhan Sabha or the Parliament are elected for a fixed period of five years. Why do we have a system where the representatives are elected for a fixed period and not for life? 6. You have read that people participate in other ways and not just through elections to express approval or disapproval of the actions of government. Can you describe three such ways through a small skit? 33 Chapter 3: Parliament and the Making of Laws 2024-25 1 2 3 1. The Parliament of India (Sansad) is the supreme law-making institution. It has two Houses, the Rajya Sabha and the Lok Sabha. 2. Rajya Sabha (Council of States), with a total strength of 250 members, is chaired by the Vice-President of India. 3. Lok Sabha (House of the People), with a total membership of 543, is presided over by the Speaker. The Role of the Parliament Created after 1947, the Indian Parliament is an expression of the faith that the people of India have in principles of democracy. These are participation by people in the decision- making process and government by consent. The Parliament in our system has immense powers because it is the representative of the people. Elections to the Parliament are held in a similar manner as they are for the state legislature. The Lok Sabha is usually elected once every five years. The country is divided into numerous constituencies as shown in the map on page 45. Each of these constituencies elects one person to the Parliament. The candidates who contest elections usually belong to different political parties. Social and Political Life 34 2024-25 With the help of the table below, let us understand this further. Results of the 17th Lok Sabha Elections, (May 2019) Political Party No. of MPs Bharatiya Janata Party (BJP) 303 Use the table alongside to Indian National Congress (INC) 52 answer the questions below: Dravida Munnetra Kazhagam (DMK) 24 Who will form the All India Trinamool Congress (AITC) 22 government? Why? Yuvajana Sramika Rythu Congress Party (YSRCP) 22 Who will be present for Shiv Sena (SS) 18 discussions in the Lok Sabha? Janata Dal (United) (JD (U)) 16 Is this process similar to what Biju Janata Dal (BJD) 12 you have read about in Bahujan Samaj Party (BSP) 10 Class VII? Telangana Rashtra Samithi (TRS) 9 Lok Jan Shakti Party (LJSP) 5 Samajwadi Party (SP) 5 Independents (Ind.) 4 Nationalist Congress Party (NCP) 4 Communist Party of India (Marxist) (CPI)(M)) 3 Indian Union Muslim League (IUML) 3 Jammu and Kashmir National Conference (J & KNC) 3 Telugu Desam Party (TDP) 3 All India Majlis-e-Ittehadul Muslimeen (AIMIM) 2 Apna Dal (Apna Dal) 2 Communist Party of India (CPI) 2 The photograph on page 28 Shiromani Akali Dal (SAD) 2 shows results from the 3rd Lok Aam Aadmi Party (AAP) 1 Sabha elections held in 1962. AJSU Party (AJSU) 1 Use the photograph to answer the following questions: All India Anna Dravida Munnetra Kazhagam (AIADMK) 1 All India United Democratic Front (AIUDF) 1 a. Which state has the highest Janata Dal (Secular) (JD(s)) 1 number of MPs in the Lok Jharkhand Mukti Morcha (JMM) 1 Sabha? Why do you think this Kerala Congress (M)(KC(M)) 1 is so? Mizo National Front (MNF) 1 b. Which state has the least Naga Peoples Front (NPF) 1 number of MPs in the Lok National People’s Party (NPP) 1 Sabha? Nationalist Democratic Progressive Party (PDPP) 1 c. Which political party has Rashtriya Loktantrik Party (RLP) 1 won the most seats in all Revolutionary Socialist Party (RSP) 1 states? Sikkim Krantikari Morcha (SKM) 1 d. Which party do you think Viduthalai Chiruthaigal Katchi (VCK) 1 will form the government? Give Grand Total 543 reasons why. Source: http://loksabha.nic.in 35 Chapter 3: Parliament and the Making of Laws 2024-25  Once elected, these candidates become Members Results of the 15th Lok Sabha Elections, of Parliament or MPs. These MPs together make (May 2009) up the Parliament. Once elections to the Parliament have taken place, the Parliament needs Political Party No. of MPs to perform the following functions: National Parties A. To Select the National Government Bahujan Samaj Party (BSP) 21 Bharatiya Janata Party (BJP) 116 Parliament of India consists of the President, the Rajya Communist Party of India (CPI) 4 Sabha and the Lok Sabha. After the Lok Sabha elections, Communist Party of India (Marxist) 16 a list is prepared showing how many MPs belong to (CPM) each political party. For a political party to form the Indian National Congress (INC) 206 government, they must have a majority of elected MPs. Nationalist Congress Party (NCP) 9 Since there are 543 elected members in Lok Sabha, Rashtriya Janata Dal (RJD) 4 to have a majority a party should have at least half State Parties (Regional Parties) All India Anna DMK (AIADMK) 9 the number i.e. 272 members or more. The All India Forward Bloc 2 Opposition in Parliament is formed by all the All India Trinamool Congress 19 political parties that are not part of the majority Biju Janata Dal (BJD) 14 party/coalition formed. The largest amongst these Dravida Munnetra Kazhagam (DMK) 18 parties is called the Opposition party. Jammu & Kashmir National Conference 3 One of the most important functions of the Lok Janata Dal (Secular) 3 Janata Dal (United) 20 Sabha is to select the executive. The executive, as Jharkhand Mukti Morcha 2 you read in Chapter 1, is a group of persons who Muslim League Kerala State Committee 2 work together to implement the laws made by the Revolutionary Socialist Party 2 Parliament. This executive is often what we have Samajwadi Party (SP) 23 in mind when we use the term government. Shiromani Akali Dal 4 The Prime Minister of India is the leader of the Shiv Sena 11 Telangana Rashtra Samithi (TRS) 2 ruling party in the Lok Sabha. From the MPs who Telugu Desam (TDP) 6 belong to her party, the Prime Minister selects Other Regional Parties 6 ministers to work with her to implement Registered Unrecognised Parties 12 decisions. These ministers then take charge of Independents 9 different areas of government functioning like health, education, finance etc. Grand Total 543 Source: www.eci.nic.in Often times in the recent past it has been difficult The above table gives you the results of the 15th for a single political party to get the majority that Lok Sabha elections held in 2009. In these is required to form the government. They then elections, the INC got a large number of seats but still not enough to emerge as the majority party in join together with different political parties who the Lok Sabha. It, thus, had to form a coalition, are interested in similar concerns to form what is the United Progressive Alliance (UPA), with other known as a coalition government. political parties who were its allies. Social and Political Life 36 2024-25 These two buildings of the Central Secretariat, the South Block and North Block were built during the 1930s. The photo on the left is of the South Block which houses the Prime Minister’s Office (PMO), the Ministry of Defence and the Ministry of External Affairs. The North Block is the photo on the right and this has the Ministry of Finance and the Ministry of Home Affairs. The other ministries of the Union Government are located in various buildings in New Delhi. The Rajya Sabha functions primarily as the representative of the states of India in the Parliament. The Rajya Sabha can also initiate legislation and a bill is required to pass through the Rajya Sabha in order to become a law. It, therefore, has an important role of reviewing and altering (if alterations are needed) the laws initiated by the Lok Sabha. The members of the Rajya Sabha are elected by the elected members of the Legislative Assemblies of various states. There are 233 elected members plus 12 members nominated by the President. B. To Control, Guide and Inform the Government The Parliament, while in session, begins with a question hour. The question hour is an important mechanism through which MPs can elicit information about the working of the government. This is a very important way through which the Parliament controls the executive. By asking questions the government is alerted to its shortcomings, and also comes to know the opinion of the people through their representatives in the Parliament, i.e. the MPs. Asking questions of the government is a crucial task for every MP. The Opposition parties play a critical role in the healthy functioning of a democracy. They highlight drawbacks in various policies and programmes of the government and mobilise popular support for their own policies. 37 Chapter 3: Parliament and the Making of Laws 2024-25  The following is an example of a question asked in Parliament. Lok Sabha Unstarred Question No: 48 Answered On: 15.12.2017 Converge of Schemes for Children Manoj Rajoria Will the Minister of Women and Child Development be pleased to state:- (a) whether the Government proposes to converge various schemes and policies for children in the country; (b) if so, the details thereof; and; (c) if not, the reasons therefor? Answer Minister of State in the Ministry of Women and Child Development (Dr. Virendra Kumar) (a) to (c) The Ministry has developed the National Plan of Action for Children 2016 which largely draws upon the existing programmes and schemes of various Ministries/Departments. It provides a framework for convergence and co-ordination between Ministries/Departments and State/UTs Governments and encourages collective action from all stakeholders to address multi-dimensional vulnerabilities experienced by children. The National Plan of Action for Children 2016 categorizes children's rights under four key priority areas; (i) Survival, Health and Nutrition, (ii) Education and Development, (iii) Protection and (iv) Participation. It identifies key programmes, schemes and policies as well as stakeholders for the implementation of different strategies. Source: http://loksabha.nic.in The government gets valuable feedback and is kept on its toes by the questions asked by the MPs. In addition, in all In the above question, what matters dealing with finances, the Parliament’s approval is information is being sought from the Minister of Women crucial for the government. This is one of the several ways and Child Development? in which the Parliament controls, guides and informs the government. The MPs as representatives of the people have If you were a Member of Parliament (MP), list two a central role in controlling, guiding and informing questions that you would like Parliament and this is a key aspect of the functioning of to ask. Indian democracy. Social and Political Life 38 2024-25 How Do New Laws Come About? The word ‘arbitrary’ has been used earlier in this book and you’ve read The Parliament has an important role in making laws. what the word means in the Glossary There are many ways through which this takes place of Chapter 1. The word ‘sedition’ has and it is often different groups in society that raise the been included in the Glossary of this chapter. Read the Glossary need for a particular law. An important role of descriptions of both words and then Parliament is to be sensitive to the problems faced by answer the following questions: people. Let us read the following story to understand State one reason why you think the how issue of domestic violence was brought to the Sedition Act of 1870 was arbitrary? In attention of Parliament and the process adopted for what ways does the Sedition Act of this issue to become law. 1870 contradict the rule of law? Sustainable Development Goal (SDG) www.in.undp.org Domestic violence generally refers to the injury or harm or threat of injury or harm caused by an adult male, usually the husband, against his wife. Injury may be caused by physically beating up the woman or by emotionally abusing her. Abuse of the woman can also include verbal, sexual and economic abuse. The Protection of Women from Domestic Violence Act 2005 extends the understanding of the term ‘domestic’ to include all women who ‘live or have lived together in a shared household’ with the male member who is perpetrating the violence. 39 Chapter 3: Parliament and the Making of Laws 2024-25  October 2006 Not just women. Violence-free homes will benefit everyone. Kusum, it’s taken Shazia, did you read today’s such a long time to get this law passed. newspapers? Isn’t it a great In fact, it began with establishing the day for women? need for a new law. Kusum and Shazia work for a women's organisation. They remember the journey of how the Protection of Women from Domestic Violence Act got passed. April 1991: A typical day at their office... I do not want to go to Unfortunately I need advice. My husband beats me the police. I just want the existing law up. I haven’t told anyone so far. I feel to stop the violence. is a criminal one I am being so ashamed. I can’t go on like this I just don’t want to and does not offer ill-treated by my anymore. But I have nowhere to go. these options. son and daughter- be thrown out of the in-law. They house I am living in. verbally abuse me. I have no access to my bank accounts. They may even throw me out. Throughout the 1990s, the need for a new law was In 1999, Lawyers Collective, a group of lawyers, law students and raised in different forums. activists, after nation-wide consultations took the lead in drafting the Domestic Violence (Prevention and Protection) Bill. This draft bill was widely circulated. We’ve heard testimonies of several women. We’ve seen that women want protection against being beaten, the right to continue The definition of The law should cover any women living in a shared household and often domestic violence living within a shared domestic space. temporary relief. We need a new civil law to should include They should be protected from being address this issue. physical, economic, evicted from the shared household. sexual and verbal and emotional abuse. What about some monetary relief? Social and Political Life 40 2024-25  Meetings were held with different organisations. The women’s movement want a new law on Domestic Violence. Finally, the Bill was introduced in Parliament in 2002 but … The Government should introduce it in parliament soon. Let’s have a press We must oppose conference … we This Bill has the Bill in its could also start an none of what present form. on-line petition. we have been suggesting. Several women’s organisations, National Commission for Women made submissions to the Parliamentary Standing Committee. In December 2002, the Standing Esteemed members of the Parliamentary Committee submitted its Standing Committee... the present Bill must be changed. We do not agree with the definition recommendations to the Rajya Sabha and of domestic violence being proposed … these were also tabled in the Lok Sabha. The Committee’s report accepted most of The law needs to provide the demands of the women’s groups. for temporary custody of Finally a new bill, was reintroduced in children … Parliament in 2005. After being passed in both houses of Parliament, it was sent to the President for his assent. The Protection of Women from Domestic Violence Act came into effect in 2006. At a press conference in This law is a first in recognising a This is a civil law aimed at woman’s right to a violence-free October 2006 providing relief to millions of home and provides a comprehensive definition of domestic violence. women, including wives, mothers, daughters and sisters affected by violence What is this new law? in their homes. The press conference continues... 41 Chapter 3: Parliament and the Making of Laws 2024-25  This law is a very significant step because it recognises... The right of women to live in a shared household... women can get a Yes, now the government protection order against any further has to ensure that this violence... Women can get monetary relief to Now begins another law is implemented and meet their expenses including medical costs. long journey … enforced. Why is this an important law? What do you understand by ‘domestic violence’? List the two rights that the new law helped achieve for women who are survivors of violence. Can you list one process that was used to make more people aware of the need for this law? From the above storyboard, can you list two different ways in which people lobbied Parliament? Often women who face violence or are abused are seen as victims. But women struggle in several different ways to survive these situations. Therefore, it is more accurate to refer to In the following poster, what them as survivors rather do you understand by the than as victims. phrase ‘Equal Relationships are Violence Free’? Social and Political Life 42 2024-25 As the above example shows, the role of citizens is crucial in helping Parliament frame different concerns that people might have into laws. From establishing the need for a new law to its being passed, at every stage of the process the voice of the citizen is a crucial element. This voice can be heard through TV reports, newspaper editorials, radio broadcasts, local meetings - all of which help in making the work that Parliament does more accessible and transparent to the people. As you have read in your Unpopular and Controversial Laws previous class and will read in your history textbooks Let us now look at the situation where the Parliament passes this year on the rule of law, laws that turn out to be very unpopular. Sometimes a law can Indian nationalists be constitutionally valid and hence legal, but it can continue to protested and criticised arbitrary and repressive be unpopular and unacceptable to people because they feel laws being enforced by the that the intention behind it is unfair and harmful. Hence, people British. History provides us might criticise this law, hold public meetings, write about it in with several examples of newspapers, report to TV news channels etc. In a democracy people and communities like ours, citizens can express their unwillingness to accept who have struggled to end repressive laws framed by the Parliament. When a large number unjust laws. In your Class VII book, you read of how of people begin to feel that a wrong law has been passed, then Rosa Parks, an African- there is pressure on the Parliament to change this. American woman, refused to give up her seat on a For example, various municipal laws on the use of space within bus to a white man on 1 municipal limits often make hawking and street vending illegal. December 1955. She was No one will dispute the necessity for some rules to keep the protesting the law on public space open so that people can walk on the pavements segregation that divided up all public spaces, including easily. However, one also cannot deny that hawkers and the streets, between the vendors provide essential services cheaply and efficiently to whites and the African- the millions living in a large city. This is their means of Americans. Her refusal was livelihood. Hence, if the law favours one group and disregards a key event that marked the other it will be controversial and lead to conflict. People the start of the Civil Rights who think that the law is not fair can approach the court to Movement, which led to the Civil Rights Act in decide on the issue. The court has the power to modify or 1964, which prohibited cancel laws if it finds that they don’t adhere to the Constitution. discrimination on the basis of race, religion or national Do you remember the photo essay on the women’s movement origin in the U.S.A. in the Class VII book? The photos there showed the different The above photo shows ways in which citizens can protest, campaign and show solidarity. Rosa Parks seated in a bus. The pictures given on the next page point to another way in which people protest unjust laws. 43 Chapter 3: Parliament and the Making of Laws 2024-25 Read the newspapers/watch news on TV for a week and find out if there are any unpopular laws that people in India or around the world are currently protesting. We need to remember that our role as citizens does not end with electing our representatives. Rather, it is then that we begin to use newspapers and the media to carefully chart the work that is being done by our MPs and criticise their actions when we feel it is required. Thus, what we should bear in mind is that it is the extent, involvement and enthusiasm of the List the three forms of protest people that helps Parliament perform its representative that you see in the above functions properly. photos. GLOSSARY Approval: To give one’s consent to and be favourable towards something. In the context of this chapter, it refers both to the formal consent (through elected representatives) that Parliament has as well as the fact that it needs to continue to enjoy the people’s trust. Coalition: A temporary alliance of groups or parties. In this chapter, it refers to the alliance formed by political parties after elections when no party has been able to get adequate seats to form a clear majority. Criticise: To find fault with or disapprove of a person or thing. In the context of this chapter, it refers to citizens finding fault with the functioning of government. Evolution: Process of development from a simple to a complex form and is often used to discuss the development of a species of plants or animals. In the context of this chapter it refers to the way in which protecting women against domestic violence developed from an urgently-felt need to a new law that can be enforced throughout the country. Social and Political Life 44 2024-25 Sedition: This applies to anything that the government might consider as stirring up resistance or rebellion against it. In such cases, the government does not need absolute evidence in order to arrest persons. Under the Sedition Act of 1870, the British had a very broad interpretation of what constituted sedition, and what this meant was that they could arrest and detain any person they wanted under this Act. The nationalists considered this law arbitrary because persons were arrested for a variety of reasons that were seldom clarified beforehand as well as because those arrested were often kept in jail without a trial. Repressive: To control severely in order to prevent free and natural development or expression. In the context of this chapter it refers to laws that brutally control persons and often prevent them from exercising their Fundamental Rights including Right to Speech and Assembly. Unresolved: Situations in which there are no easy solutions to problems. Exercises 1. Why do you think our national movement supported the idea that all adults have a right to vote? 2. In this 2004 map of Parliamentary constituencies alongside, roughly identify the constituencies in your State. What is the name of the MP from your constituency? How many MPs does your state have? Why are certain constituencies coloured green while others are coloured blue? 3. You have read in Chapter 1 that the ‘Parliamentary form of government’ that exists in India has three tiers. This includes the Parliament (central government) and the various State Legislatures (state governments). Fill in the following table with information on Source: www.eci.gov.in the various representatives from your area: State Government Central Government Which political party/parties is/are currently in power? Who (name) is the current representative from your area? Which political parties currently form the Opposition? When were elections last held? When will the next elections be held? How many women representatives are there (from your state)? 4. Re-read the storyboard on how a new law on domestic violence got passed. Describe in your own words the different ways in which women’s groups worked to make this happen. 45 Chapter 3: Parliament and the Making of Laws 2024-25