Class 11 Political Science Notes Chapter 5 (Legislature) – India Constitution Work Book

Alright class, let's delve into Chapter 5: Legislature from our 'Indian Constitution at Work' textbook. This is a crucial chapter, not just for your exams but also for understanding how our country is governed. Pay close attention, as the Parliament is the cornerstone of our democratic process.

Chapter 5: Legislature - Detailed Notes for Government Exam Preparation

1. Why Do We Need a Parliament?

• Basis of Representative Democracy: Parliament is the embodiment of the people's will. Citizens elect representatives who make laws and hold the government accountable on their behalf.
• Centre of Democratic Political Process: It's the most representative of all government organs, vested with significant power and overseeing the others.
• Functions: Law-making is the primary function, but it extends far beyond that. It includes:
  • Ensuring executive accountability.
  • Financial control (power of the purse).
  • Representing diverse views and sections of society.
  • Debating and discussing crucial national issues.
  • Constituent functions (amending the Constitution).
  • Electing the President and Vice-President.

2. Two Houses of Parliament: Bicameralism

India opted for a bicameral legislature at the Centre (Parliament) consisting of the President and two Houses:

• Rajya Sabha (Council of States): The Upper House.
• Lok Sabha (House of the People): The Lower House.

Why Bicameralism?

• Representation of States: Rajya Sabha represents the states and union territories of India, ensuring federal balance.
• Reconsideration of Legislation: Allows for a second look at bills passed by the Lok Sabha, preventing hasty legislation.
• Representation of Experts: Provision for nominating members with special knowledge allows experts to contribute without facing direct elections.
• Checks and Balances: Acts as a check on the potentially majoritarian tendencies of the directly elected Lok Sabha.

A. Rajya Sabha (Council of States)

• Composition: Maximum strength of 250 (Article 80).
  • 238 members: Elected representatives of the States and Union Territories.
  • 12 members: Nominated by the President from amongst persons having special knowledge or practical experience in literature, science, art, and social service.
• Election: Members representing states are elected by the elected members of the State Legislative Assemblies (MLAs) using the system of Proportional Representation by means of the Single Transferable Vote (PR-STV). Seats are allocated to states based on their population.
• Tenure: It's a permanent body and not subject to dissolution.
  • Members are elected for a term of 6 years.
  • One-third of its members retire every two years.
• Presiding Officer: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman is elected from amongst its members.
• Special Powers:
  • Can authorize the Parliament to make a law on a subject enumerated in the State List (Article 249).
  • Can authorize the Parliament to create new All-India Services (Article 312).
  • Plays a role in the removal of the Vice-President (resolution must originate here).

B. Lok Sabha (House of the People)

• Composition: Maximum strength of 552 (currently 543 elected + 2 nominated Anglo-Indians - Note: The provision for Anglo-Indian nomination under Article 331 was abolished by the 104th Constitutional Amendment Act, 2019). So, effectively 543 elected members.
  • Members are directly elected by the people from territorial constituencies.
• Election: Based on the principle of Universal Adult Franchise (Article 326). The voting age is 18 years. Uses the First-Past-the-Post (FPTP) system.
• Tenure: Normal term is 5 years from the date of its first meeting.
  • Can be dissolved earlier by the President on the advice of the Prime Minister.
  • Its term can be extended during a national emergency for one year at a time.
• Presiding Officer: The Speaker, elected from amongst the members of the Lok Sabha. The Deputy Speaker is also elected similarly.
• Special Powers:
  • Money Bills can only be introduced in the Lok Sabha (Article 110). Rajya Sabha can only suggest amendments (which Lok Sabha may or may not accept) and must return the bill within 14 days.
  • The Council of Ministers is collectively responsible only to the Lok Sabha (Article 75(3)). A No-Confidence Motion can only be introduced and passed in the Lok Sabha.
  • In case of a deadlock over an ordinary bill, the Lok Sabha's view usually prevails in a joint sitting due to its larger numbers (Article 108).

3. Functions of Parliament

• A. Legislative Function:
  • Primary function: Making laws for the governance of the country.
  • Parliament legislates on subjects in the Union List and Concurrent List. Can also legislate on the State List under specific circumstances (Articles 249, 250, 252, 253).
  • Law-Making Process:
    • Introduction: Bill introduced in either House (except Money Bills).
    • First Reading: Introduction and publication in the Gazette.
    • Second Reading: Detailed discussion, clause-by-clause consideration. May be referred to a Select Committee or Joint Committee.
    • Third Reading: Final debate and voting on the bill as a whole.
    • Bill in the Other House: Goes through the same process.
    • President's Assent (Article 111): Bill becomes an Act after the President gives assent. President can give assent, withhold assent, or return the bill (if not a Money Bill) for reconsideration. If passed again by Parliament, President must give assent.
• B. Control of Executive & Ensuring Accountability:
  • Parliament holds the executive (Council of Ministers) accountable for its policies and actions.
  • Mechanisms:
    • Question Hour: First hour of a sitting. Members ask questions to Ministers.
    • Zero Hour: Informal device available after Question Hour for raising matters without prior notice.
    • Adjournment Motion: To draw attention to a definite matter of urgent public importance.
    • No-Confidence Motion: If passed in Lok Sabha, the government must resign.
    • Debates and Discussions: On various issues, policies, President's Address, Budget.
    • Approval/Refusal of Laws: Refusing to pass a government bill signifies lack of confidence.
    • Financial Control: Scrutiny of government spending.
• C. Financial Function:
  • Parliament holds the power of the purse. No tax can be levied or expenditure incurred without Parliament's approval.
  • Budget (Annual Financial Statement - Article 112): Government presents the budget, which is discussed and voted upon by the Lok Sabha. Rajya Sabha only discusses it.
  • Grants: Lok Sabha votes on demands for grants. Can impose cuts (Cut Motions: Policy Cut, Economy Cut, Token Cut).
  • Financial Committees: Public Accounts Committee (PAC), Estimates Committee (EC), Committee on Public Undertakings (COPU) examine government spending and financial propriety.
• D. Representation:
  • Represents the divergent views and aspirations of different regional, social, economic, and religious groups of India.
• E. Debating Function:
  • Highest forum for debate and discussion on national policies and critical issues. Allows for diverse viewpoints to be heard.
• F. Constituent Function:
  • Power to amend the Constitution (Article 368). Amendments require special majorities, and some require ratification by state legislatures. Both Houses have equal powers in amending the Constitution.
• G. Electoral Functions:
  • Elects the President of India (along with State Legislative Assemblies).
  • Elects the Vice-President of India.
  • Elects the Speaker and Deputy Speaker of Lok Sabha, and the Deputy Chairman of Rajya Sabha.
• H. Judicial Functions:
  • Considers proposals for the removal of the President, Vice-President, Judges of the Supreme Court and High Courts (Impeachment/Removal process).
  • Can punish members or outsiders for breach of its privileges.

4. Parliamentary Committees

• Parliamentary work is voluminous and complex; committees help manage this.
• They undertake detailed scrutiny of legislation, demands for grants, government expenditure, policies, and day-to-day administration.
• Often called 'Miniature Legislatures'.
• Types:
  • Standing Committees: Permanent committees constituted every year. Examples: Financial Committees (PAC, EC, COPU), Departmentally Related Standing Committees (DRSCs - 24 in number, covering all ministries).
  • Ad Hoc Committees: Temporary committees created for a specific purpose (e.g., inquiry committees, advisory committees like Joint Parliamentary Committees - JPCs on specific issues/scandals).

5. How Parliament Controls the Executive (Recap of Mechanisms)

• Deliberation and Discussion: Question Hour, Zero Hour, Half-an-Hour Discussion, Short Duration Discussion.
• Approval and Ratification of Laws: Scrutiny during the law-making process.
• Financial Control: Budgetary control, Scrutiny by Financial Committees.
• No-Confidence Motion: Ultimate weapon available only in Lok Sabha.

6. How Parliament Regulates Itself

• Presiding Officers: Speaker (Lok Sabha) and Chairman (Rajya Sabha) regulate proceedings, maintain discipline, and interpret rules. The Speaker has significant powers, including deciding if a bill is a Money Bill and presiding over joint sittings.
• Anti-Defection Law (Tenth Schedule):
  • Added by the 52nd Amendment Act, 1985. Strengthened by the 91st Amendment Act, 2003.
  • Aimed at curbing political defections motivated by lure of office or material benefits.
  • Provides for disqualification of members who voluntarily give up party membership or vote against party direction (whip).
  • Decision on disqualification rests with the Presiding Officer (subject to judicial review).

7. Parliamentary Privileges (Article 105)

• Special rights, immunities, and exemptions enjoyed by the Houses of Parliament, their committees, and their members individually.
• Purpose: To secure the independence and effectiveness of their actions.
• Examples: Freedom of speech within Parliament, freedom from arrest in civil cases during sessions, right to exclude strangers, right to punish for breach of privilege.

8. State Legislatures

• Most states have a unicameral legislature (only Legislative Assembly - Vidhan Sabha).
• Some states (currently 6: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh) have a bicameral legislature (Legislative Assembly and Legislative Council - Vidhan Parishad).
• The Legislative Assembly (Vidhan Sabha) is directly elected, similar to the Lok Sabha.
• The Legislative Council (Vidhan Parishad) has members elected indirectly, nominated, representing specific fields (similar structure but different composition rules than Rajya Sabha). It is a weaker house compared to the Assembly.
• Parliament can create or abolish a Legislative Council if the respective State Assembly passes a resolution by a special majority (Article 169).

Multiple Choice Questions (MCQs)

1. Which Article of the Indian Constitution deals with the composition of the Rajya Sabha?
   a) Article 79
   b) Article 80
   c) Article 81
   d) Article 110

2. What is the maximum permissible strength of the Lok Sabha according to the Constitution?
   a) 543
   b) 545
   c) 550
   d) 552

3. Who presides over a joint sitting of the two Houses of Parliament?
   a) The President of India
   b) The Prime Minister of India
   c) The Chairman of the Rajya Sabha
   d) The Speaker of the Lok Sabha

4. A Money Bill can only be introduced in:
   a) The Rajya Sabha
   b) The Lok Sabha
   c) Either House of Parliament
   d) A Joint Sitting of Parliament

5. What is the tenure of a member of the Rajya Sabha?
   a) 5 years
   b) 6 years
   c) Permanent, until retirement age
   d) Co-terminus with the Lok Sabha

6. Which parliamentary device is used for raising matters of urgent public importance?
   a) Question Hour
   b) Zero Hour
   c) Adjournment Motion
   d) Cut Motion

7. The Council of Ministers is collectively responsible to:
   a) The President
   b) The Rajya Sabha
   c) The Lok Sabha
   d) The Prime Minister

8. Which committee examines the reports of the Comptroller and Auditor General of India (CAG)?
   a) Estimates Committee
   b) Committee on Public Undertakings
   c) Public Accounts Committee
   d) Departmentally Related Standing Committee on Finance

9. The power to create or abolish a State Legislative Council rests with:
   a) The State Legislative Assembly alone
   b) The Governor of the State
   c) The Parliament of India
   d) The President of India on the recommendation of the Governor

10. The Anti-Defection Law is contained in which Schedule of the Indian Constitution?
    a) Eighth Schedule
    b) Ninth Schedule
    c) Tenth Schedule
    d) Eleventh Schedule

Answer Key:

1. b) Article 80
2. d) 552 (Note: While current elected strength is 543 and the Anglo-Indian nomination is abolished, the constitutional maximum permissible strength remains 552 unless amended.)
3. d) The Speaker of the Lok Sabha
4. b) The Lok Sabha
5. b) 6 years
6. c) Adjournment Motion
7. c) The Lok Sabha
8. c) Public Accounts Committee
9. c) The Parliament of India (upon resolution by the State Assembly)
10. c) Tenth Schedule

Make sure you revise these notes thoroughly. Understand the distinct roles and powers of both Houses, the legislative process, and particularly the mechanisms through which Parliament ensures the accountability of the government. These concepts are frequently tested in competitive exams. Good luck with your preparation!