Chapter 5, “Legislature,” examines the composition, powers, and functioning of the Indian Parliament and its role in maintaining democratic government. The chapter opens by emphasizing that a legislature is not merely a lawmaking body but the centre of democratic political process, where walkouts, protests, debates, and cooperation all serve vital purposes.

Despite concerns that legislatures are losing ground to executives in many democracies, the Parliament remains the most representative organ of government, vested with the power to choose and dismiss the government. India has a bicameral legislature at the national level, while most States have unicameral legislatures (only six States—Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh—have bicameral legislatures). A bicameral system allows for every decision to be reconsidered, provides representation to all sections and geographical regions, and ensures a double check on every matter.

The chapter then details the composition and powers of both Houses. The Rajya Sabha (Council of States) represents the States, with members indirectly elected by State Legislative Assemblies through proportional representation. States with larger populations send more members (e.g., Uttar Pradesh sends 31, Sikkim sends 1). Members serve six-year terms, with one-third retiring every two years, making it a permanent House that cannot be dissolved. The President nominates 12 members from fields like literature, science, art, and social service.

The Lok Sabha (House of the People) is directly elected by the people from territorial constituencies of roughly equal population, with 543 members elected for a five-year term (though it can be dissolved earlier). The chapter outlines the functions of Parliament: legislative (enacting laws), control of executive (ensuring accountability through question hour, zero hour, adjournment motions, and no-confidence motions), financial (controlling taxation and expenditure through budget approval), representative (representing diverse groups), debating (highest forum of discussion), constituent (amending the Constitution), electoral (electing President and Vice President), and judicial (impeaching President and judges).

The chapter explains the lawmaking procedure in detail: a bill (government bill or private member’s bill) is introduced, referred to committees for scrutiny, debated clause by clause, voted upon, sent to the other House, and finally sent to the President for assent. Money bills can only be introduced in Lok Sabha, and Rajya Sabha has limited powers over them (can suggest amendments but cannot reject, and must return within 14 days). If there is disagreement between Houses on a non-money bill, a Joint Session of Parliament is called, where Lok Sabha’s view has typically prevailed.

The control over executive is exercised through deliberation and discussion, approval of laws, financial control (budget), and the no-confidence motion—the most powerful weapon. The chapter notes that after 1989, several coalition governments have been forced to resign due to loss of confidence. The Question Hour is highlighted as the most effective method of keeping vigil on the executive, where ministers must respond to searching questions. The chapter concludes with two important mechanisms.

Parliamentary committees (standing committees and joint parliamentary committees) perform in-depth study of bills, demands for grants, expenditure, and corruption cases, reducing the burden on the full House. The Anti-Defection Law (52nd Amendment, 1985; modified by 91st Amendment) restricts legislators from leaving their party after election—defection includes voluntarily leaving the party, voting against party instructions, or remaining absent when asked to be present.

The presiding officer decides defection cases, and defecting members lose their seat and are disqualified from holding political office. While the law has given additional powers to party leadership, the chapter notes it has not fully curbed defections. Despite criticisms of wasted time and money, the Parliament remains the most representative organ of government, where members from diverse backgrounds—different languages, castes, religions, and regions—express interests, control the executive, and respond to people’s expectations, embodying the democratic potential of the legislature.