Union Legislature

  1. India is a Union of States.

  2. Therefore, we have government at two levels- Central & State

  3. At both the levels we have the Parliamentary System of Government.

The Parliamentary System of Government has three organs- The 1. Legislature; 2. Executive; 3. Judiciary.

  • The Legislature is the branch of the government that makes laws. It comprises of-

  1. Lok Sabha

  2. Rajya Sabha

  3. President of India

Lok Sabha

The Lok Sabha is the Lower House or the House of people. It is more powerful than the upper house or Rajya Sabha.

Composition

  • The Lok Sabha’s maximum permissible numerical strength is 550 members.

  • It is composed of the representatives of the people.

  • The members of the Lok Sabha are directly elected by the people of India.

  • Out of these; 530 members are elected from the States while the rest 20 from the Union Territories.

Term

  • The members of the Lok Sabha are elected for a period of 5 years.

  • However, the President may dissolve the Lok Sabha before completion of its term of five years if the party in power loses majority support.

  • In case of emergency, the time period can be extended for 1 year at a time.

Elections

  • For the purpose of elections, the country is divided into constituencies.

  • From each constituency, one member is elected.

  • Elections normally take place every five years.

  • Voting is done by secret ballot.

  • All Indian citizens of age 18 years and above are eligible to vote for the candidate of their choice.

Qualifications of the Members of Lok Sabha

  • Be a citizen of India.

  • Be 25 years of age.

  • Not hold any office of profit under the government of India.

  • Not be proclaimed a criminal, insolvent or bankrupt.

  • Possess sound mental health.

Presiding Officer

  • After elections, the members of the Lok Sabha elect among themselves a Speaker and a Deputy-Speaker.

  • The speaker presides over the procedings of the Lok Sabha and maintains order in the house.

  • Though, he/she is a member of the ruling party; he/she acts in an impartial way.

  • He/she does not exercise his/her vote.

  • In case of a tie, he/she uses his/her casting vote (deciding vote) to help one side win.

  • In case of illness or absence of the Speaker, the Deputy Speaker takes his/her charge.

Rajya Sabha

It is the Council of States or the Upper House of the Parliament.

Composition

  • The numerical strength of the rajya sabha is 250.

  • The number of members to the Rajya Sabha is allotted according to the population of the states where the states with a larger population have more members while a state with a smaller population have less members.

  • 238 members are elected from the States and Union Territories while the rest 12 are nominated by the president from the fields of- Art, literature, science and social service.

  • The 238 members are indirectly elected.

  • Elected members of the Legislative Assembly (MLAs) elect the members of the Rajya Sabha.

Term

  • The Rajya Sabha is a permanent house.

  • It is never dissolved.

  • One-third of its members retire every two years.

  • Each member is elected for a term of six years.

Qualifications of a member of Rajya Sabha

  • To be a citizen of India.

  • To possess sound mental health.

  • To be 30 years of age and above.

  • Not hold any office of profit under the Government of India.

  • Not be a criminal or insolvent.

Presiding Officers

  • The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.

  • He/she presides over the proceeding of the Rajya Sabha.

  • In his/her absence, the Deputy Chairman presides over the Rajya Sabha.

  • The members of the Rajya Sabha elect the Deputy-Chairman by majority vote.

Distribution of Legislative Subjects

Under the Indian Constitution; the Legislative Subjects are categorised into three lists-

  1. The Union List

  2. The State List

  3. The Concurrent List

The Union List

  • The Union Parliament has the exclusive power to make laws in this list.

  • These include- Defence, Finance, banking, foreign affairs, Shipping, Currency etc.

The State List

  • The State Legislatures have the exclusive power to legislate on the subjects in this list.

  • The subjects on this list includes- Public Law and Order, State Taxes, Land Revenue, State Transport, Police, Agriculture etc.

The Concurrent List

  • Both the Union and S

  • tate Legislatures are empowered to make laws under the subjects in this list.

  • It comprises of subjects like- Social Planning, Marriage and Divorce, Bankruptcy and Insolvency, Education, Factories, Newspapers etc.

IN CASE OF CONFLICT BETWEEN THE STATE AND UNION LEGISLATURE ON ANY ONE OF THESE SUBJECTS, THE UNION LAW ALWAYS PREVAILS.

Functions of the Parliament

Law Making Functions

  • The primary function of the Parliament is to make laws.

  • It can make laws on any subject under the Union and Concurrent list.

  • It also has the power to pass laws on Subjects under the State List meant for the State Legislature.

  • To amend a part of the Constitution, a bill can only be introduced in the Parliament.

Passing the Budget

  • A Union Budget is passed by the Parliament.

  • The budget shows details about the expected income of the government and how it plans to spend it.

  • It is presented by the Finance Minister in the Parliament.

  • The Parliament has the power to either accept or reject the Budget.

  • A Finance Bill can be introduced only in the Parliament.

  • It contains contains proposals for new taxes and changes in the existing taxes so as to meet the expenditure of the Government.

Judicial Functions

  • The Parliament has certain Judicial Functions.

  • It has the power to impeach the President, Vice-President and Judges of the Supreme Court and High COurts in case they do not abide by the Constitution or misuse their power.

Electoral Powers

  • The Union Legislature plays an Important role in the election of the President and Vice-President of India.

Passing a Bill

  • It is one of the most important functions of the Parliament.

  • A law is introduced in the Parliament in the form of a Bill.

  • The draft of a proposed law is called a Bill.

  • There are three different kinds of Bills- 1. Ordinary Bill; 2. Money Bill; 3. Constitution Amendment Bill.

  • An Ordinary Bill can be introduced in either House of the Parliament but a Money Bill can only be introduced in the Lok Sabha.

  • The process of considering a Bill is called Reading.

  • A bill has to pass through three stages called the First, Second and Third Reading.

(A) The Bill is introduced in the First Reading.

(B) In the Second Reading, the Bill is discussed in detail.

(C) The Third Reading is the Final Reading. The Bill can either be accepted or rejected. At this stage; the Bill is regarded as passed and is sent to the other House, where it undergoes all the three stages as the House in which it was introduced,

  • In case of deadlock or disagreement between the two Houses, the President can call upon a Joint Session of both the Houses of the Parliament.

  • In the joint session, decision is taken by Majority Vote of the members present.

  • When a Bill is passed by both the Houses of the Parliament, it is assented to by the President and it becomes a Law, known as an Act.

Miscellaneous Powers

  • The Parliament can make laws regarding the composition, jurisdiction and powers of the Supreme Court.

  • It may establish a common High Court for two or more States.

  • It can alter the name and boundaries of any State. The new States may be created by separation of territories from any state.