The Legislature

Chapter summary

In a parliamentary democracy, the legislature is the institution that gives the executive its legitimacy and holds it accountable. Indian Parliament under Article 79 consists of the President, the Lok Sabha, and the Rajya Sabha. The President is technically a part of Parliament even though they don't sit in either House — because Parliament's functions (assent to Bills, summoning, prorogation) cannot be performed without presidential action.

The two-chamber design was a deliberate choice. The Lok Sabha (House of the People) directly represents citizens through FPTP elections every 5 years. The Rajya Sabha (Council of States) indirectly represents states through their legislative assemblies. Together, they make laws, scrutinise the executive, control the public purse, and provide the forum where national debates occur in public view.

The chapter walks through Parliament's functions (lawmaking, executive accountability, financial control, representation, debate, electoral functions), its procedures (Question Hour, Zero Hour, types of Bills, voting), and its committees (Standing, Select, Joint, Financial). It ends with concerns about declining parliamentary functioning — fewer sittings, less debate, more disruptions, anti-defection's effect on individual MPs.

Why does Parliament matter in a democracy?

Parliament performs four indispensable functions that no other institution can:

1. It MAKES LAWS: All major statutes — from the Right to Information Act to the Goods and Services Tax — come through Parliament. Executive orders and judicial verdicts cannot replace legislation as the primary law-making method in a democracy.
2. It HOLDS THE EXECUTIVE ACCOUNTABLE: Through Question Hour, Zero Hour, no-confidence motions, debates, and committee scrutiny. The executive cannot ignore Parliament without paying a political price.
3. It CONTROLS PUBLIC MONEY: Through the Annual Budget process, financial bills, and appropriation acts. The principle: "No taxation without representation."
4. It PROVIDES A FORUM FOR DEBATE: Public issues are aired, alternatives are weighed, citizens learn what their representatives think. This deliberative role is irreplaceable.

Bicameralism and structure

Article 79 establishes the bicameral Parliament. The choice of bicameralism reflects three considerations:

• Federal representation: Smaller states needed protection against being overwhelmed by populous states. Rajya Sabha provides this — though representation is roughly proportional to population (not equal like the US Senate).
• Second-level scrutiny: Bills passed by Lok Sabha get reviewed by Rajya Sabha — a check against hasty, emotional, or majoritarian legislation.
• Continuity: Rajya Sabha is a permanent body that never dissolves; 1/3 retire every 2 years. This provides institutional memory and stability across electoral cycles.

Critics have argued bicameralism in India has limitations:

• The 50% threshold for Rajya Sabha's role in Money Bills means it has limited fiscal power.
• Joint Sessions (Article 108) can override Rajya Sabha disagreement — and Lok Sabha is always larger.
• Critics argue Rajya Sabha has been used as a "recycling depot" for defeated politicians.

At the state level, only 6 states have bicameral legislatures: Bihar, Karnataka, Maharashtra, Telangana, UP, and J&K (UT with legislature). The Legislative Council (Vidhan Parishad) in these states has limited powers compared to the Legislative Assembly (Vidhan Sabha).

Lok Sabha vs Rajya Sabha

Functions of Parliament

1. Legislative function

Making laws — the most visible function. Different types of Bills:

• Ordinary Bills: Most legislation. Can originate in either House. Need majority of present-and-voting in both Houses.
• Money Bills: Defined in Article 110. Originate only in Lok Sabha. Speaker certifies.
• Financial Bills: Wider than Money Bills; covers any financial provision. Speaker doesn't certify these.
• Constitutional Amendment Bills: Article 368. Need special majority — 2/3 of present-and-voting AND majority of total membership of each House. Some require ratification by 1/2 of state legislatures.

Bill passage stages: First Reading (introduction) → Second Reading (general principles) → Committee Stage → Third Reading (final vote). Then to the other House for the same process. If both Houses disagree, President can summon a Joint Session (Article 108) — but only for Ordinary Bills, not Money Bills or Constitutional Amendments.

2. Control of executive

Multiple mechanisms:

• Question Hour — every sitting day's first hour (11 AM-12 noon). Starred, Unstarred, Short Notice Questions.
• Zero Hour — hour after Question Hour. Urgent issues raised without notice.
• Adjournment Motion — to discuss matter of urgent public importance; if accepted, regular business is suspended.
• Calling Attention Motion — MP draws minister's attention to a matter and seeks statement.
• No-Confidence Motion — Article 75(3). If passed by Lok Sabha, Government must resign.
• Vote of Confidence — Government can move this to demonstrate majority.
• Censure Motion — specific criticism of government action; passage does not require resignation.
• Discussion on Budget — Demands for Grants, Cut Motions.

3. Financial function

"No taxation without representation" — the foundational principle. Parliament:

• Passes the Union Budget annually (presented usually on 1 February since 2017).
• Authorises taxation (Finance Bill) and expenditure (Appropriation Bill).
• Approves borrowing by the government.
• Scrutinises Public Accounts through the Public Accounts Committee.
• Receives the CAG report on government accounts.

4. Constituent function

Parliament has the exclusive power to amend the Constitution under Article 368 (subject to Basic Structure Doctrine — see explainer).

5. Electoral function

Parliament participates in:

• Presidential election (along with State Assemblies);
• Vice-Presidential election (Parliament alone);
• Election of Speaker, Deputy Speaker, Deputy Chairman, etc.

6. Judicial function

Parliament can:

• Impeach the President (Article 61);
• Remove Supreme Court / High Court judges (Articles 124(4), 217(1)(b));
• Remove CEC, CAG, UPSC members.

Parliamentary procedures

Sessions and sittings

Parliament must meet at least twice a year, with not more than 6 months between sessions (Article 85). Typically held in three sessions:

• Budget Session (Jan-Apr) — longest; Budget presentation, financial business;
• Monsoon Session (Jul-Sep);
• Winter Session (Nov-Dec).

Sittings have declined over time: from over 100 days/year in 1950s to ~55-70 days/year in recent years. Disruptions have increased — the Question Hour has been frequently lost; many Bills have been passed without discussion. The 17th Lok Sabha (2019-24) saw record low sittings and high disruptions in some sessions.

Question Hour and Zero Hour

The most direct executive accountability tools. Each Lok Sabha MP can ask up to 5 questions per day; Rajya Sabha MPs can ask up to 7. The Speaker decides which questions are admissible based on parliamentary rules.

The legislative process

A Bill typically passes through:

1. Introduction (First Reading) — title and aims announced; usually voice vote; no debate.
2. Reference to Committee (optional) — Standing Committee or Select Committee examines.
3. Second Reading — general principles debated; clause-by-clause consideration; amendments tabled.
4. Third Reading — final passage vote.
5. Transmission to Other House — repeats the process.
6. Presidential Assent — Article 111. President can sign, return for reconsideration, or sit on the Bill.
7. Becomes an Act when published in the Gazette.

Parliamentary committees

Much of Parliament's substantive work is done in committees — away from television cameras, with technical expertise. Categories:

• Standing Committees — Permanent (renewed annually); examine bills, demands for grants, broader policy issues. 24 Department-Related Standing Committees (DRSCs) cover all ministries.
• Select Committees — Ad hoc; examine a specific Bill referred to them.
• Joint Committees — Members from both Houses; examine specific matters.
• Financial Committees: Public Accounts Committee (oldest, since 1923), Estimates Committee, Committee on Public Undertakings — scrutinise government finances.
• Other Standing Committees: Business Advisory Committee, Rules Committee, Committee on Petitions, Privileges Committee, etc.

The committee system has been weakened by declining bill referrals — in 16th Lok Sabha (2014-19), only 25% of bills were sent to committees, down from 71% in 15th Lok Sabha (2009-14). This has been criticised by parliamentary scholars as undermining the deliberative function.

NCERT exercise Q&A (with explanations)

UPSC / MPSC previous year questions on this chapter