TOPIC- ORGANISATION OF THE LEGISLATURE AND GENERAL FUNCTIONS OF
LEGISLATURE AS ORGAN OF GOVERNMENT
SHORT NOTES
A modern legislature is either Bicameral
or Unicameral
BICAMERALISM
1. Means a legislature with two houses/chambers
2. Where the legislature is bicameral, “the first
house is usually called the lower house, and the second house is called the
upper house
3. A large number of modern legislatures,
particularly of big states, are bicameral i.e. legislatures with two houses (Bi
= Two, Cameral = House).
4. India, USA, UK, France, Russia, Switzerland,
Australia and a large number of other states have bicameral legislature. 22
states of India have bicameral legislatures.
UNI-CAMERALISM
1. Means a legislature with a single
house/chamber.
2. Several states, mostly the small states and
provinces of a federal system, have unicameral legislatures, i.e. legislatures
with single houses.
3. The unicameral legislatures are working in
China, New Zealand, Zimbabwe, Turkey,
Portugal and several other states.
4. The state legislatures of all the Canadian and
Swiss cantons (provisions) are unicameral.
5. In India, 6 states and 2 Union Territories
have unicameral legislature
PURPOSE
This system is supported by the reason
that the legislative body representing people's interest must be one, failing
which delays and conflicts may arise in the enactment of legislation.
LEGISLATURE
1. The term ‘legislature’ is a generic term
meaning a body which legislates.
2. The term
Legg means law and
3. “lature’ the place
4. etymologically Legislature means a place for
law-making
PARLIAMENT
1. Another term, which is used as a synonym of
Legislature, is ‘Parliament.’
2. This word stands derived from the French word
‘Parley’ which means to ‘talk’ or to discuss and deliberate.
3. In this way, we can say ‘Parliament’ means the
place where deliberations are held.
4. Parliament, 'Assembly' and 'Congress' are the
synonyms used for the term' legislature' in various countries
INDIA
Indian Parliament is a bi-cameral
legislature, its houses being the House of People (Lok Sabha) and
Council of States (Rajya Sabha).In the
States of the Indian Union, the legislature consists of the Vidhan Sabha (lower
house) and Vidhan Parishad (upper house).
However, certain states have only one
house
CONSTITUTION OF
HOUSES
THE HOUSE OF PEOPLE (LOK SABHA)
The House of People (Lok Sabha)
consists of the representatives of citizens of the entire country living in
states and union territories.
COUNCIL OF STATES (RAJYA SABHA)
It consists of the representatives
elected by the Legislative Assemblies of the states, and other nominated members
from the field of art, culture, academics, sports, literature science and
social service.
PURPOSE OF RAJYA
SABHA
The purposes and functions of the second
chamber is to check hasty and ill-considered of pieces of legislations, with
the sober advice of experts and eminent persons.
Thus it becomes possible to examine
issues from different standpoints, and to safeguard the interests of states in
a federal system.
Which of the two
Houses is more powerful?
The Lok Sabha exercises more powers
than the Rajya Sabha:
(i) Any ordinary law needs to be
passed by both the Houses. But if there is a difference between the two Houses,
the final decision is taken in a joint session in which members of the Houses
sit together. Since the Lok Sabha has a larger number of members, their view is
likely to prevail in such a meeting.
(ii) The Lok Sabha exercises more
powers in money matters. Once the Lok Sabha passes the budget of the government
or any other money-related law, the Rajya Sabha cannot reject it. The Rajya
Sabha can only delay it by 14 days or suggest changes in it. The Lok Sabha may
or may not accept these changes
FUNCTIONS OF THE
ORGANS OF GOVERNMENT
ADMINISTRATION OF
INDIA
JUDICIARY
1. Apex Supreme Court
2. High Court of States
3. Other Courts
EXECUTIVE
1. President
2. Governor of States
3. Government Departments
LEGISLATIVE
1. Prime Minister
2. Central Government
3. Chief Minister in States
4. State Ministries
GENERAL FUNCTIONS
OF LEGISLATURE AS ORGAN OF GOVERNMENT
EXPRESS AND
FORMULATE THE WILL OF THE STATE
1. The 'will of state' in a representative
democracy is the will, opinion and sentiments of its citizens and the public
issues concerning them.
2. In a monarchy or dictatorial Government, the
'will of the state' is the interest and objectives of its ruler.
3. It is the legislature which formulates the
will of the state into laws and gives it a legal character. Legislature
transforms the demands of the people into authoritative laws/statutes
4. Laws when enacted are called as 'Acts'.
5. These acts are the direct source of law to
control and regulate the institutions running in a state and society.
Enacts laws for
certain purpose and objectives
The Indian legislature enacted the Consumer
Protection Act, 1986 with the purpose of protecting the interest of consumers and
the speedy settlement of their disputes.RTI is another example.
Laws are
classified
1 Substantive
act on the basis of the subject matter of the law
2 Procedural act on the basis of the
procedure to be followed by the executive and judiciary in implementation of
those laws
REPEALING ACTS
are those by which by earlier statutes
have been repealed, either because they were replaced by a new act on the
matter or having become obsolete or void against the constitution or so
declared by the higher judiciary.
AMENDING ACTS
Modify/ amend the existing laws on the
statute book, taking into account the changing social, political and economic
conditions of the country.
Parliamentary
procedure and enactment of laws
ORDINARY BILLS
The legislative procedure for
introduction and passing of Bills is laid down in in Articles107 to 108, in the
Constitution of India. Ordinary Bills may originate in either House of
Parliament
MONEY BILLS
In Articles 109-110 a Money Bill shall
be introduced only in the House of People and not in the Council of States.
EXAMPLE
A Money Bill contains provisions for
imposition, abolition, alteration or regulation of any tax etc.
PRESIDENT’S
ASSENT
Article 111 provides details of assent to
Bills by the President.
After
President’s assent, the bill becomes the act and is published in the Indian
Statute Book
MOTION OF
NO-CONFIDENCE
It may be moved and passed against the Council
of Ministers, in the Lok Sabha.
LEGISLATURE AND
ITS JUDICIAL FUNCTIONS
It is customary to give some judicial
power to the legislature. Usually, the legislature is assigned to act as a
court of impeachment i.e. as an investigating court
In India, the Union Parliament can
impeach the President. It has also the power to pass a resolution for the
removal of Judges of the Supreme Court and of the High Court’s on the ground of
misbehavior or incapacity.
The Constitution of India lays down
the procedure for impeachment of President and Vice President of India, Judges
of the Supreme Court and High Court and the Chief Election Commissioner
LEGISLATURE AND
ITS ADMINISTRATIVE FUNCTIONS
ELECT THE
PRESIDENT
In India, the elected members of both
Houses of Parliament and elected Members of the Legislative Assemblies of the
States form an electoral college to elect the President.
ELECT THE
VICE-PRESIDENT
Elect the Vice-President is elected by
an Electoral College comprising of Members of both Houses of Parliament
ELECT SPEAKER AND
DEPUTY SPEAKER
The members of the Lok Sabha elect two
members as the Speaker and Deputy Speaker
ELECT THE DEPUTY
CHAIRMAN
The members of the Rajya Sabha elect
the Deputy Chairman of the Rajya Sabha
