Lesson 22: The Legislature

Section 1: Constitutional Architecture and Composition of the Union Parliament

Core Concept and Structural Definition

The Union Parliament of India (Sansad) comprises three distinct constitutional entities: the President of India and two Houses—the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Although the President is not a member of either House, he or she is an integral part of Parliament because no bill passed by both Houses can become law without the President's assent.

Rajya Sabha (Council of States): Composition and Federal Principle

The Constituent Assembly unanimously created the Rajya Sabha to safeguard the rights and privileges of the States, upholding the principle of federalism. Its membership and electoral framework are governed by strict constitutional parameters:

• Membership Ceiling: The Rajya Sabha consists of not more than 250 members.
• Nominated Members: Twelve (12) members are nominated by the President of India on the basis of excellence in literature, science, art, social service, and sports.
• Elected Members: The remaining 238 members are elected indirectly by the elected members of the State Legislative Assemblies (Vidhan Sabhas) and Union Territories using the system of proportional representation by means of the Single Transferable Vote (STV).
• Proportional Representation vs. American Senate: Unlike the American Senate, which grants equal representation of two members from each of the 50 States regardless of size, the Indian Rajya Sabha reflects population proportion. Larger States send more members, while smaller States send fewer.
• Permanent Tenure: Rajya Sabha is a permanent House and is never dissolved. Members enjoy a six-year term, with one-third retiring every two years. A member elected against a mid-term vacancy serves only for the remaining portion of that term.
• Qualifications: Must be an Indian citizen, at least 30 years of age, mentally sound, solvent, free from any disqualifying office of profit under Union or State governments, and possessing qualifications determined by Parliament.
• Presiding Officers: The Vice-President of India serves as the ex-officio Chairman of Rajya Sabha. The House elects a Deputy Chairman from amongst its members. The Chairman possesses no ordinary vote, except a casting vote in case of a tie.

Lok Sabha (House of the People): Composition and Democratic Mandate

The Lower House directly represents the sovereign people of India through universal adult suffrage:

• Maximum and Present Strength: Lok Sabha shall not exceed 550 members (not more than 530 from States, and not more than 20 from Union Territories). The present strength of Lok Sabha is 543. Additionally, if the Anglo-Indian community is inadequately represented, the President can nominate up to two Anglo-Indian members.
• Electoral Mechanism: Elections are conducted on the basis of Universal Adult Franchise (voting age 18 years and above) via secret ballot using Electronic Voting Machines (EVM) under a simple majority system (the candidate securing the highest votes is declared elected).
• Reserved Seats and Joint Electorate: Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs). While candidates contesting from reserved constituencies must belong to SC/ST categories, voting operates under a joint electorate where all eligible citizens participate regardless of caste or community.
• Qualifications and Tenure: An Indian citizen registered as a voter in any parliamentary constituency, at least 25 years of age, and from an SC/ST category if contesting a reserved seat. The normal tenure is five (5) years unless dissolved earlier by the President. During a proclaimed emergency, Parliament may extend its tenure by one year at a time, not exceeding six months after the emergency ceases.
• Officials and Powers of the Speaker: Members elect a Speaker and Deputy Speaker from among themselves. The Speaker presides, maintains discipline, fixes time for speeches, permits introduction of motions and bills, warns or withdraws disorderly members, and adjourns the House for lack of quorum. Crucially, the Speaker is the sole authority to decide whether a bill is a Money Bill, presides over joint sittings of Parliament, and exercises a casting vote in the event of a tie.

Section 2: Multi-Faceted Powers and Functions of the Union Parliament

Legislative Powers and Jurisdiction Over Lists

The primary function of Parliament is making laws for the nation. Its legislative authority is demarcated across constitutional subject lists:

1. Union List: Parliament exercises exclusive legislative power over 97 subjects.
2. Concurrent List: Parliament shares authority with State Legislatures over 47 subjects. However, if a Central law and a State law clash on a Concurrent subject, the Central law prevails over the State law.
3. Residuary Subjects: Subjects not mentioned in any of the three constitutional lists are termed residuary subjects; the authority to legislate on them belongs exclusively to Parliament.
4. State List under Special Circumstances: Parliament can legislate on State List subjects during an Emergency, when two or more States request it, when Rajya Sabha passes a resolution by a 2/3rd majority declaring a subject of national importance, or to fulfill an international treaty or obligation.

Executive Accountability Mechanisms

Under India's parliamentary democracy, the Prime Minister and Council of Ministers are collectively and individually responsible to Parliament, especially to the Lok Sabha. Parliament enforces executive accountability through multiple constitutional mechanisms:

• Question Hour: The first hour of every working day in both Houses is dedicated to asking questions and supplementary questions sent in advance to ministers.
• Adjournment Motion: Moved by any member to discuss an urgent, important public issue; allowed for full debate if admitted by the Presiding Officer.
• Calling Attention Motion: Moved to draw the Government's urgent attention to a matter of pressing public importance.
• Half-an-Hour Discussion: Provides an additional opportunity to examine and corner the Government on a specific matter.
• Passing of the Annual Budget: Disapproval or defeat of the budget is treated as an expression of lack of confidence, forcing the Government's resignation.
• No-Confidence Motion: Exclusive to Lok Sabha members. Any member may move a resolution expressing lack of confidence in the Council of Ministers. If passed, the Government falls.

Section 3: Legislative Procedure in Parliament: Ordinary Bills, Money Bills, and the Budget

Classification of Bills

A bill is the draft of a proposed law. The textbook categorizes bills into two fundamental operational classifications:

• Government Bill vs. Private Member's Bill: A bill introduced by a Minister is a Government Bill; a bill moved by any Member of Parliament who is not a Minister is a Private Member's Bill.
• Ordinary Bill vs. Money Bill: Bills dealing with revenue, taxation, and financial obligations are Money Bills; non-money bills are Ordinary Bills. Non-money bills seeking to alter constitutional provisions are designated as Constitution Amendment Bills.

The Three Readings of an Ordinary Bill

An Ordinary Bill may originate in either House and must traverse three sequential stages in both Houses:

1. First Reading: The Minister or Member seeks leave of the House to introduce the bill, accompanied by a statement of objects and reasons. Once leave is granted, the bill is published in the official Gazette.
2. Second Reading (Most Important Stage): Involves general debate and detailed clause-by-clause scrutiny. The House chooses one of four options: (a) take it up immediately for clause-by-clause consideration, (b) refer it to a Select Committee of the House, (c) refer it to a Joint-Select Committee of both Houses, or (d) circulate it for eliciting public opinion. If sent to a committee, clause-by-clause examination occurs, expert testimony is heard, amendments are proposed, and a report is submitted. Amendments are put to vote.
3. Third Reading: The Minister moves that the bill be adopted. Normally, no general discussion occurs; the bill is put to a final vote. If passed by a simple majority of members present and voting, it is transmitted to the second House.

The second House repeats all three stages. If passed, it is sent to the President of India. The President may sign it into law, withhold assent temporarily, or return it for reconsideration. If repassed by both Houses with or without amendments, the President must give assent.

Special Procedure for Money Bills

Money Bills deal with taxation, expenditure, and financial liabilities and are subject to four strict constitutional rules:

• Can be introduced only in Lok Sabha and only on the prior recommendation of the President.
• Can be introduced solely by a Minister (never as a Private Member's Bill).
• After passage by Lok Sabha, sent to Rajya Sabha, which cannot reject a Money Bill. Rajya Sabha has three alternatives: pass it as is, return it with recommendations within 14 days, or retain it.
• Lok Sabha may accept or reject any recommendation. If Rajya Sabha does not return the bill within fourteen (14) days, it is deemed passed by both Houses. The President cannot withhold assent because prior permission was already obtained.

The Budget

The Budget is an annual financial statement showing expected revenue and expenditure; it is not a bill itself. Presented in Lok Sabha in two distinct segments: the Rail Budget (by the Railway Minister) and the General Budget (by the Finance Minister). Since 1993–94, a system of Departmental Select Committees has been introduced to scrutinize, evaluate, and recommend budgetary demands for grants of various ministries before voting in the House.

Section 4: The State Legislature: Vidhan Sabha and Vidhan Parishad Framework

Unicameral vs. Bicameral Structures

Most State Legislatures in India are unicameral, consisting of the Governor and the Vidhan Sabha (Legislative Assembly). As recorded in the textbook, only five States have bicameral legislatures possessing an Upper House called the Vidhan Parishad (Legislative Council): Bihar, Maharashtra, Karnataka, Uttar Pradesh, and Jammu & Kashmir.

Vidhan Sabha (Legislative Assembly)

The popular House of the State Legislature, directly elected on the basis of Universal Adult Franchise:

• Membership Limits: Cannot exceed 500 members and cannot have fewer than 60 members. However, smaller States like Goa and Mizoram are permitted Assemblies of 40 members. Uttar Pradesh has the largest Vidhan Sabha with 403 members.
• Reservations and Tenure: Seats reserved for SC and ST. If the Anglo-Indian community is inadequately represented, the Governor can nominate one Anglo-Indian member. Normal term is five years, but the Governor can dissolve it earlier on the advice of the Chief Minister or during constitutional breakdown under Article 356.
• Officers: Elects a Speaker and Deputy Speaker. The Speaker conducts proceedings and exercises a casting vote in case of a tie.

Vidhan Parishad (Legislative Council): Creation, Size, and Fractional Composition

Like Rajya Sabha, the Vidhan Parishad is a permanent Upper House that is never dissolved. Members serve six-year terms, with one-third retiring every two years:

• Creation and Abolition: It is the discretion of the State to have a Council. The Parliament can create or abolish it if the State Legislative Assembly passes a resolution by a Special Majority (majority of total membership and a majority of not less than 2/3rd of members present and voting).
• Size Limitations: Membership cannot exceed one-third of the total membership of the Vidhan Sabha, and cannot be fewer than 40 members (Jammu & Kashmir is an exception with 36 members). Qualifications require Indian citizenship and a minimum age of 30 years.
• Fivefold Fractional Electoral Formula:
  1. 1/3rd members: Elected by the elected members of the Vidhan Sabha (MLAs).
  2. 1/3rd members: Elected by members of local self-government bodies (Municipalities, District Boards).
  3. 1/12th members: Elected by registered graduates residing in the State with three years' standing.
  4. 1/12th members: Elected by teachers of secondary or higher educational institutions with three years' experience.
  5. 1/6th members: Nominated by the Governor from persons excelling in literature, science, art, cooperative movement, and social service.

Section 5: Powers, Preponderance, and Constitutional Limitations of State Legislatures

Powers of the State Legislature

Within its territorial jurisdiction, the State Legislature exercises broad powers analogous to Parliament:

• Legislative: Makes laws on 66 subjects in the State List and on subjects in the Concurrent List. In unicameral States, the bill passes once; in bicameral States, it passes both Houses before the Governor's assent.
• Financial: Complete control over state revenues and expenditures. A Money Bill can be introduced only in Vidhan Sabha with the Governor's prior permission. In bicameral States, Vidhan Parishad can hold a Money Bill for a maximum of 14 days; its recommendations are not binding on the Assembly.
• Control Over Executive: Enforces ministerial accountability through Question Hour, adjournment motions, calling attention motions, and the passage of a No-Confidence Motion against the Chief Minister and Council of Ministers.
• Electoral and Constituent: Elected MLAs participate in electing the President of India and Rajya Sabha members. State Legislatures also ratify certain constitutional amendments under Article 368, though they cannot initiate constitutional amendments.