Class 11 political science chapter 5 legislature notes

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 Legislature 

It's a group of elected people who have the power to make and change laws of a place 

Why do we need a parliament? 

• Parliament makes laws 
• It keeps a check on law makers example include the following 

1. 11 March 2002 - finance minister has to roll back rise in prices in fertilizer 
2. 4 June 1998 - finance minister ( yaswant singh ) to roll back increase in urea price 
3. 22 Feb 1983 - lok sabha suspended official businesses 
4. Congress members voiced protest against atrocities on Harijan

Why two houses of parliament?

• It is beneficial for a country or place with much diversity to have two houses of parliament as it double checks any law or decision as well as ensures that the views of diversity is respected 
• A place with only one house of parliament is known as unicameral legislature
• At present there are two houses of parliament only in six States which is known as bicameral legislature

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

Rajya sabha 

• Rajya sabha represents the states of India and is known as council of States
• it is an indirectly elected body elected by the elected members of state legislative assembly 
• Two different principles of representation of this second chamber that is rajya sabha 

1. To give equal representation to all parts of country irrespective of their size or population this is known as symmetrical representation ex usa
2. To give representation according to size and population

• The number of members to be elected from each state has been fixed by the fourth schedule of constitution 
• Members of rajya sabha elected for term of 6 years they can get re-elected 
• Only one third of the seat after every 2 years is dissolved this means that at no point rajya sabha is completely dissolved so it is called the permanent house of parliament
• Advantage - when lok sabha is dissolved when rajya sabha can be called and urgent business can be conducted 
• Apart from elected members rajya sabha also has 12 nominated members which are nominated by the president 

Special powers 

• If any matter that affects the state it must be referred to the rajya sabha for it consent and approval 
• Rajya sabha alone can initiate the process of removal of vice president 
• Vice president is chairman of rajya sabha

Lok sabha

• It is directly elected by people for a term of 5 years 
• Entire country is divided into constituencies at present there are 543 constituencies which has not changed since 1971 
• The lok sabha can be dissolved if prime ministers advises the President to do so or if there is no party or coalition which can form the government 

Special powers

• Can only reject the money bill of the houses 

What does the parliament do? 

Legislative function 

• The parliament approves the legislature 
• The actual task of drafting bill is done by bureaucracy 
• Members other than ministers can also introduce the bill but drafting is done by ministry 

Control of Executive and ensuring it's accountability 

• Ensures Executive does not overstep it's authority 

Financial function 

• Government need to get approval by lok sabha to use any money or resources of the country 
• It grant resources to government 

Representation 

• It represents diverse population

Debating function 

• It is the highest form of debate and members are free to speak here 

Constituent function 

• Parliament can amend the constitution 

Electoral function 

• It elect vice president and President 

Judicial function 

• It can remove the vice president, president as well as judges through impeachment

Powers of lok sabha and rajya sabha 

How does the parliament make laws ?

Types of bill

• A bill is a draft of proposed law 
• When a non ministers propose a bill it is known as private members bill
• A bill proposed by minister is known as government bill 
• Even before the bill is introduced there is a lot of debate about the bill and the need of it 
• Once the cabinet approves the policy behind the legislation the task of drafting begins it is drafted by the concerned ministry 
• A large part of discussion takes place in the committees that's why they are known as miniature legislature 
• If one house approves the well while other rejects it then joint session of the parliament is called 
• In case of money bill the rajya sabha can either approved or suggest some recommendation if no action is taken place within 14 days the bill is considered to be passed 

Article 109 talks of the special procedure in respect of money bill a money bill can not be introduced in the council of States 

How does the parliament control the executive?

Parliamentary privilege 

• It is given to the members of parliament that no action shall be taken against any members for speaking on any matters in the parliament 
• The presiding officer of the legislature has the final power in deciding the matter of privilege 

Instruments of parliamentary control 

Deliberation and discussion 

• Which includes question hour and zero hour (1/2 hour) 

Approval or refusal of bills 

• A bill can only become law with the support of parliament 
• If the government has majority in lok sabha but not rajya sabha the bill can be rejected as it happened in 1977 and 2000 many bill such as Lokpal Bill and prevention of terrorism bill 2002 has been rejected

Financial control 

• Parliament can enquire into cases of misuse of funds on the basis of reports of the controller and audit general and public accounts committees 
• Parliament grands resources to government 

No confidence motion 

• The most powerful weapon 
• After 1989 several Government have been forced to resigned due to lack of confidence of the houses

What do the committees of the parliament do? 

• Since 1983 India has developed a system of parliamentary standing committees 
• There are 20 such departmentally related committees to supervise the work of various departments
• Apart from standing committees there are also joint parliamentary committees which can be set up for the purpose of discussing a particular bill members of this committees are selected from both houses

How the parliament regulate itself? 

• The presiding officer of the legislature is the final authority in matters of regulating the business of the legislature 

Anti defection law 

• 52nd amendment act in 1985 also known as anti defection amendment which has been modified in 91st amendment
• It's he is that if a member is proved to have defected then the member loses the membership of the house also the person is also disqualified from holding any political office 
• Defection means if a member remains absent in the house when asked by the party leadership to remain present or vote against the instruction of the party or voluntary leaves the membership of the party it is deemed as defection 

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