Legislature

The One Thing

The legislature is the central representative institution of democracy: it makes laws, approves public finances, represents citizens and holds the executive accountable. In India, Parliament’s bicameral structure—comprising the President, the Lok Sabha and the Rajya Sabha—combines popular representation, state representation, deliberation and checks on executive power.

Who and What

• Legislature: A representative institution that makes laws, approves public spending and holds the executive accountable. It should represent diverse regional, linguistic, religious, class and gender-based interests.
• Parliament of India: The Union legislature consisting of the President, the Lok Sabha and the Rajya Sabha, as stated in Article 79.
• Lok Sabha: The House of the People. Its members are directly elected by citizens and it represents the population. It is normally elected for five years, unless dissolved earlier. Its term may be extended by one year at a time during a national emergency, but not beyond six months after the emergency ends. The minimum age for membership is 25 years.
• Rajya Sabha: The Council of States. It represents the states and union territories and is a permanent House. One-third of its members retire every two years, and each member normally serves a six-year term. The minimum age for membership is 30 years.
• Bicameral Legislature: A legislature with two Houses, such as the Lok Sabha and Rajya Sabha. Bicameralism enables a second chamber to review legislation, represents states at the Union level and helps prevent hasty decisions.
• Constituency: A territorial area from which voters elect a representative.
• Universal Adult Franchise: The right of every Indian citizen aged 18 years or above to vote, subject to legal qualifications.
• Political Executive: The elected government, including the Prime Minister, ministers and the Council of Ministers, which is responsible to the legislature.
• Question Hour: The period in which members ask ministers questions about government policies, decisions and administration.
• Zero Hour: The period after Question Hour when members raise urgent matters of public importance. It is not formally mentioned in the Constitution.
• Bill: A proposed law introduced in either House, except a Money Bill, and passed through constitutional procedures before becoming an Act.
• Ordinary Bill: A bill dealing with general legislative matters that can be introduced in either House. It must be passed by both Houses and receive the President’s assent. If the Houses disagree, a joint sitting may be called under constitutional provisions.
• Money Bill: A bill dealing exclusively with matters such as taxation, government borrowing or withdrawal of money from the Consolidated Fund of India. It can be introduced only in the Lok Sabha and only on the President’s recommendation. The Rajya Sabha may recommend changes but must return it within 14 days; the Lok Sabha may accept or reject those recommendations.
• Budget: The government’s annual statement of estimated receipts and expenditure. The Union Budget is presented to Parliament, and government expenditure requires legislative authorization.
• Parliamentary Committees: Smaller groups of legislators that examine bills, expenditure, policies and government functioning in detail. They also examine reports of the Comptroller and Auditor General, especially through the Public Accounts Committee.
• No-Confidence Motion: A motion in the Lok Sabha expressing that the Council of Ministers no longer enjoys the confidence of the House. If successful, the ministry must resign.
• Collective Responsibility: The constitutional principle that the Council of Ministers is collectively responsible to the Lok Sabha.
• Anti-Defection Law: Rules under the Tenth Schedule that may disqualify legislators for voluntarily giving up party membership or voting against the party direction in specified situations. It was introduced by the 52nd Constitutional Amendment Act, 1985, and strengthened by the 91st Amendment Act, 2003.
• Presiding Officer: The official who conducts proceedings and maintains order, including the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. The Vice-President of India is the ex officio Chairman of the Rajya Sabha; the Lok Sabha elects a Speaker and a Deputy Speaker from among its members.
• Deliberation: Careful discussion and examination of issues before decisions are made. Law-making should involve discussion, examination and consultation rather than simply approving government proposals.
• Quorum: The minimum attendance required for conducting business, generally one-tenth of the total membership of a House.
• Consolidated Fund of India: The fund from which certain government money may be withdrawn, subject to constitutional and legislative procedures.
• Article 368: The constitutional provision under which Parliament may amend the Constitution, provided that an amendment does not destroy the Constitution’s basic structure.
• Tenth Schedule: The constitutional schedule containing the Anti-Defection Law.
• 73rd and 74th Constitutional Amendments: Amendments that strengthened local self-government in rural and urban areas. Local bodies remain separate from Parliament and state legislatures.

Chronology

Causes and Consequences

• The need to represent citizens and diverse social interests led to a representative legislature based on constituencies and Universal Adult Franchise. Citizens aged 18 years or above can vote, subject to legal qualifications, and elect representatives to the Lok Sabha.

• The need to combine popular representation with state representation produced India’s bicameral Parliament. Under Article 79, Parliament consists of the President, the Lok Sabha and the Rajya Sabha. The Lok Sabha represents the population, while the Rajya Sabha represents the states and union territories.

• The need for continuity and review in law-making explains the Rajya Sabha’s permanent character. One-third of its members retire every two years, with each member normally serving a six-year term. Its special powers also permit it to authorise Parliament to legislate on a State List matter in the national interest, through a resolution supported by at least two-thirds of members present and voting.

• The requirement for orderly legislative procedure gives the President power to summon and prorogue Parliament and to dissolve the Lok Sabha. The President also addresses Parliament after each general election and at the beginning of the first session each year. Presiding Officers maintain order, and a quorum generally requires one-tenth of a House’s total membership.

• The need to regulate public money makes legislative approval necessary for government expenditure. The annual financial statement, commonly called the Union Budget, is presented to Parliament. Money Bills receive special treatment: they can originate only in the Lok Sabha on the President’s recommendation, while the Rajya Sabha has 14 days to return recommendations.

• The need to make and revise laws through deliberation requires Bills to pass through constitutional procedures. An ordinary bill may be introduced in either House, must be passed by both Houses and requires the President’s assent. Disagreement may lead to a joint sitting. The Speaker of the Lok Sabha decides whether a bill is a Money Bill, subject to constitutional and parliamentary procedures.

• The distribution of legislative authority permits Parliament to make laws on subjects in the Union List and Concurrent List. In special constitutional circumstances, it may also legislate on State List matters. Parliament may amend the Constitution under Article 368, although it cannot destroy the Constitution’s basic structure.

• The executive’s control over public power and public money creates the need for parliamentary accountability. Members use Question Hour, Zero Hour, debates, motions and committees to examine government policies, decisions, expenditure and administration.

• The Council of Ministers’ dependence on the Lok Sabha follows from collective responsibility. The Council of Ministers remains in office only while it has the confidence of the Lok Sabha; therefore, a successful No-Confidence Motion requires the ministry to resign.

• The complexity of government activity makes detailed examination during full House debates difficult. Parliamentary Committees therefore scrutinise bills, public expenditure, government accounts and administrative performance. Reports of the Comptroller and Auditor General are examined by committees, especially the Public Accounts Committee.

• The need for government stability and party coherence supports party discipline and the Anti-Defection Law. However, excessive party control may restrict debate; democratic accountability therefore also depends on informed discussion within and across parties, respect for opposition voices and responsible use of legislative privileges.

• The constitutional regulation of membership and elections requires qualifications and disqualifications for legislators, while the Election Commission conducts elections to Parliament. Citizens can assess representatives through elections, and open legislative proceedings allow public scrutiny.

• The development of democratic institutions beyond Parliament led to the 73rd and 74th Constitutional Amendments, which strengthened local self-government in rural and urban areas. These local bodies remain separate from Parliament and state legislatures.

• The effectiveness of formal legislative powers depends on their practical use. Regular sittings, attendance, informed debate, ethical conduct, committee scrutiny and respect for opposition voices determine whether the legislature actually provides democratic accountability.

What Gets Asked

• Compare the Lok Sabha and Rajya Sabha in terms of composition, representation, permanence, membership age, terms of office and legislative powers.
• Explain how Question Hour, Zero Hour, debates, Parliamentary Committees and a No-Confidence Motion hold the executive accountable.
• Distinguish between an Ordinary Bill and a Money Bill, including their introduction, passage, the role of the Rajya Sabha and the President’s recommendation.
• Explain why bicameralism is important for representation, state participation, legislative review and the prevention of hasty decisions.
• Assess the relationship between party discipline and democratic deliberation, including the Anti-Defection Law under the 52nd Constitutional Amendment Act, 1985 and the 91st Amendment Act, 2003.
• Evaluate why the legislature’s effectiveness depends not only on constitutional powers but also on regular sittings, attendance, informed debate, ethical conduct, committee scrutiny, open proceedings and respect for opposition voices.