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