Legislature Notes

This chapter explains:

• Importance of legislature
• Need for Parliament
• Bicameral legislature
• Lok Sabha and Rajya Sabha
• Functions of Parliament
• Law-making procedure
• Parliamentary control over executive
• Parliamentary committees
• Anti-defection law

The chapter highlights how legislature acts as the central institution of representative democracy in India.

Why Do We Need a Parliament? (Pages 101–102)

These NCERT notes explain the importance of legislature in democracy.

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Meaning of Legislature

Legislature is:

• Representative institution
• Law-making body
• Forum of debate
• Instrument of accountability

It represents people and helps maintain democratic government.

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Importance of Parliament

Parliament:

1. Makes laws
2. Represents people
3. Controls executive
4. Debates national issues
5. Protects democracy

Without legislature:

• Executive may become authoritarian
• Public grievances may remain unheard

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Parliament and Executive

Although Cabinet initiates most policies:

• Parliament supervises executive
• Ministers remain accountable to Parliament
• Government survives only with majority support

Meaning of Bicameral Legislature

When legislature has:

• Two Houses

it is called bicameral legislature.

India has:

1. Rajya Sabha
2. Lok Sabha

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States with Bicameral Legislature

1. Andhra Pradesh
2. Bihar
3. Karnataka
4. Maharashtra
5. Telangana
6. Uttar Pradesh

Why Two Houses?

Countries with:

• Large size
• Social diversity
• Regional diversity

often adopt bicameral legislature.

Advantages of Bicameralism

1. Better Representation

Different regions and groups get representation.

2. Double Check on Laws

• Reduces hasty decisions
• Ensures reconsideration

Meaning of Rajya Sabha

• Council of States
• Represents states of India

Election of Rajya Sabha

Members are:

• Indirectly elected
• Elected by State Legislative Assemblies

Representation in Rajya Sabha

Representation based on:

• Population of states

Thus:

• Larger states get more seats
• Smaller states get fewer seats

Example:

• Uttar Pradesh = 31 seats
• Sikkim = 1 seat

Term of Rajya Sabha Members

• Members serve for six years
• One-third members retire every two years

Permanent House

• Rajya Sabha never dissolved
• Called permanent house

Nominated Members

President nominates:

• 12 members

From fields like:

• Literature
• Science
• Art
• Social service

Meaning of Lok Sabha

• House of the People
• Directly elected by citizens

Election to Lok Sabha

Country divided into:

• Territorial constituencies

One representative elected from each constituency.

Strength of Lok Sabha

• 543 constituencies at present
• Number unchanged since 1971 Census

Term of Lok Sabha

• Elected for five years
• Can be dissolved earlier

Main Functions of Parliament

1. Legislative Function

• Makes laws
• Passes bills

Most bills introduced by government.

2. Control over Executive

• Ensures executive accountability
• Ministers answerable to people

3. Financial Function

• Approves taxes
• Passes budget
• Controls expenditure

4. Representation Function

• Represents regions
• Represents communities
• Represents interests

5. Debating Function

• Highest forum of discussion
• Centre of democratic debate

6. Constituent Function

Parliament amends Constitution.

7. Electoral Function

• Elects President
• Elects Vice-President

8. Judicial Function

• Can remove President
• Can remove judges
• Can impeach officials

Meaning of Bill

A bill is:

• Draft of proposed law

Types of Bills

Stages of Law Making

1. Drafting of Bill

Concerned ministry prepares draft.

2. Introduction in Parliament

Bill introduced in:

• Lok Sabha or Rajya Sabha

Money Bill only in Lok Sabha.

3. Committee Stage

Bill examined by committees.

4. Discussion and Voting

• Debate on merits
• Debate on amendments
• Voting on bill

5. Other House Approval

Bill sent to other House.

6. Joint Session (if needed)

Held when deadlock occurs between Houses.

7. President’s Assent

After President signs:

• Bill becomes law

Need for Parliamentary Control

Without control:

• Executive may become dictatorial

Parliament ensures:

• Accountability
• Transparency
• Responsiveness

Parliamentary Privileges

• Freedom of speech in Parliament

This helps fearless criticism of government.

Instruments of Parliamentary Control

1. Deliberation and Discussion

• Debate on bills
• Debate on policies
• Debate on government actions

2. Question Hour

Ministers answer questions asked by MPs.

Purpose:

• Obtain information
• Criticise government
• Raise public issues

Zero Hour

• Members raise urgent issues
• Ministers not bound to answer

Adjournment Motion

Used to discuss urgent public matters.

Financial Control

• Controls budget
• Controls expenditure
• Controls taxation

Lok Sabha can:

• Refuse grants
• Investigate misuse of funds

No-Confidence Motion

If government loses majority:

• Must resign

Importance of Committees

Committees help Parliament because:

• Parliament has limited time
• Bills need detailed study

Functions of Committees

1. Study bills
2. Examine expenditure
3. Investigate corruption
4. Analyse grants
5. Supervise ministries

Standing Committees

Since 1983:

• Department-related standing committees established

They supervise:

• Ministries
• Budgets
• Bills

Joint Parliamentary Committees (JPCs)

JPCs created for:

• Specific bills
• Investigation of irregularities

Members selected from both Houses.

Role of Presiding Officer

• Maintains discipline
• Regulates business
• Ensures orderly discussion

Anti-Defection Law

52nd Constitutional Amendment Act, 1985:

• Introduced anti-defection law

Later strengthened by:

• 91st Amendment

Meaning of Defection

Defection occurs when member:

1. Leaves party
2. Votes against party whip
3. Remains absent against instructions

Consequences of Defection

Defected member:

• Loses membership
• Disqualified from political office

Decision taken by:

• Presiding officer

Criticism of Anti-Defection Law

• Failed to completely stop defections
• Increased power of party leadership

Important Topic	Page Reference
Importance of Parliament	Pages 101–102
Bicameral Legislature	Pages 102–106
Rajya Sabha	Pages 104–106
Lok Sabha	Pages 106–107
Functions of Parliament	Pages 107–110
Law-Making Process	Pages 110–114
Parliamentary Control	Pages 114–118
Parliamentary Committees	Pages 118–119
Anti-Defection Law	Pages 120–121

Very Short Answer Questions

1. What is bicameral legislature?
2. Why is Rajya Sabha called permanent house?
3. Define money bill.
4. What is Question Hour?
5. What is anti-defection law?

Short Answer Questions

1. Explain functions of Parliament.
2. Explain powers of Rajya Sabha.
3. Discuss law-making process.
4. Explain parliamentary committees.
5. Explain financial control of Parliament.

Long Answer Questions

1. Explain importance of Parliament in democracy.
2. Compare Lok Sabha and Rajya Sabha.
3. Explain how Parliament controls executive.
4. Discuss parliamentary committees and their role.
5. Explain anti-defection law and its impact.

1. Which House is permanent?

Rajya Sabha.

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2. Which House controls money bills?

Lok Sabha.

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3. What is Question Hour?

Period during which ministers answer MPs’ questions.

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4. What is defection?

Leaving party or violating party whip.

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5. Who decides disqualification under anti-defection law?

Presiding officer of House.

• Legislature is:
  • Law-making body
  • Representative institution
  • Forum of debate
• India has bicameral Parliament:
  • Lok Sabha
  • Rajya Sabha
• Rajya Sabha:
  • Permanent house
  • Represents states
  • Indirectly elected
• Lok Sabha:
  • Directly elected
  • More powerful in financial matters
  • Can remove government
• Parliament functions:
  • Law making
  • Financial control
  • Executive accountability
  • Constitutional amendments
• Types of bills:
  • Government Bill
  • Private Member’s Bill
  • Money Bill
  • Constitution Amendment Bill
• Money Bill:
  • Introduced only in Lok Sabha
• Parliamentary control tools:
  • Question Hour
  • Zero Hour
  • Adjournment Motion
  • No-confidence motion
• Committees:
  • Examine bills
  • Supervise ministries
  • Reduce Parliament’s workload
• Anti-defection law:
  • Introduced by 52nd Amendment
  • Prevents party switching