Indian Parliament consists of Lok Sabha, Rajya Sabha, and the President of India. At the state level, the legislature is composed of the Legislative Assembly and Legislative Council and the Governor of the State.
Parliament is the highest law making body in the country. In addition to its legislative function, it keeps a check on the functioning of the government and passes the country’s budget. As a representative institution, it also highlights important issues being faced by the people.
Table of Contents
- Composition Of The Parliament
- Law Making Process
- State Legislature
- Abolition Or Creation Of Legislative Councils
- Legislative Assembly (Vidhan Sabha)
- Legislative Council (Vidhan Parishad)
- Powers And Functions
- Conclusion
Composition Of The Parliament
The President of India
The Central Executive constitutes the President, Council of Ministers headed by the Prime Minister. The President is the nominal head of the State. Every executive action in the central level is conveyed in his authority. The power has been vested to him under Article 53 (1) of the Constitution of India which conditions that the executive power would be vested in the President and shall be implemented by him in a direct or indirect manner through his officer’s subordinate.
Rajya Sabha or Council of States
The Council of States or the Rajya Sabha is the Upper House of the Parliament, consisting of more than 250 members, encompassing 238 Members representing the States and Union Territories and 12 members who are nominated by the President who possess special knowledge and practical experiences in relation to literature, art, science and social service.
Lok Sabha or House of the People
The total number of members in the Lok Sabha is 552 Members, elected representatives consist of 530 members to represent the States, 20 members to represent the Union Territories and 2 members are nominated from the Anglo- Indian community by the President of India. The tenure would be five years and is subject to dissolution by the President of India.
Law Making Process
What Is The Law Making Process In Parliament?
A legislative proposal, known as a Bill, has to be passed by each House of Parliament and obtain presidential assent to become an Act. Government Bills are introduced by Ministers and Private Member Bills by any other MP.
Kind of bills in Parliament
| Kind of Bills | Subject | Introduction | Passage |
|---|---|---|---|
| Ordinary Bills | Anything under the Union and Concurrent Lists | Introduced in either House | Simple majority in each House |
| Money Bills | Involving taxation, borrowing, govt funding, payment or withdrawal of money from the Consolidated or Contingency Funds of India | Introduced only in LS | Simple majority in LS RS can recommend changes but LS has the right to reject them RS must return or pass a Money Bill within 14 days or it is deemed passed |
| Constitutional Amendment Bills | Amends the provisions of the Constitution | Introduced in either House | Simple majority of total membership and two-third majority of the MPs present and voting Some Bills also need to be ratified by half the state legislatures in the country |
State Legislature
State Legislature
- The objective and aim of the State Legislature is to write laws and introduce bills that are relevant to the state. Members of the State Legislative Assembly have many authorities and privileges that are equivalent to those granted to members of Parliament, although these powers and functions are limited to that particular State
- Article 168 to 212 of the Constitution of India discusses the relevant details with regards to important constituents and requirements within the State Legislative Assembly.
- India has a bicameral system of legislature.
- Just as Parliament has two Houses, the states can also have a Legislative Council in addition to the Legislative Assembly through Article 169 of the Constitution.
- Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka are the six states that have a Legislative Council.
- The J&K Legislative Council was abolished in 2019 as a result of the J&K Reorganisation Bill, which reduced the state of J&K to the Union Territories of J&K and Ladakh.
Abolition Or Creation Of Legislative Councils
- In our country, the Legislative Council (also known as Vidhan Parishad) is the Upper House of a bicameral legislature. The creation of which is given in Article 169 of the Indian Constitution and can also be abolished according to Article 169 of the Constitution.
- For the creation or abolition of the Legislative Council, the Legislative Assembly must pass a resolution that must be supported by more than 50% of the total strength of the assembly. It must be supported by more than 2/3rd of the total members present in voting. Therefore it talks about the absolute and special majority.
- The resolution to create or to abolish the Legislative Council needs the assent of the President as well.
Article 168 mentions the Legislative Council in some of the States of our country. There is no rule of having a bicameral legislature in the State of India. It is because our Constitution framers knew that it would not be possible for every State to have a bicameral legislature ( due to financial or any other reason).
Legislative assembly
Legislative Assembly (Vidhan Sabha)
- The Composition of the Legislative Assembly as per the Constitution (Seventh Amendment) Act, 1956, states that the number of members should be in consonance to Article 333 of the Constitution.
- The Legislative Assembly of States has the requisition that the members should not be more than five hundred, and not less than sixty and candidates are chosen by direct election from territorial constituencies in the State
- Clause 2 of Article 170 states that there should be a division of every state into territorial constituencies, and the ratio between the population of each constituency and the allocation of seats shall be practicable and similar throughout the State. There are however a few exceptions having less than 60 members. States of Goa (40 members), Sikkim (32 members), Mizoram (40 members) and UT of Puducherry
Legislative Council
Legislative Council (Vidhan Parishad)
The composition of the Legislative Council is given in Article 171 of the Indian Constitution. The total members in the Legislative Council should not exceed one-third of the total members in the state Legislative Assembly.
There is another criteria for the composition of the Legislative Council. The member in the Legislative Council should not be less than 40 in any case. There is an exception in the composition of Vidhan Parishad.
The composition of the Legislative Council can be further divided in the following way:
- One-third of the members of the Legislative Council should be elected from the district boards, municipalities and other local authorities which are specified by the Parliament according to law.
- One-twelfth of its members shall be elected from the person who has been residing in the same state for the time period of at least three years and graduated from the university which is in the territory of India.
- One- twelfth of its total members should be elected from the person who is engaged in the teaching profession for at least three years in the educational institution of the state itself.
- One-third should be elected by Legislative Assemblies and none of them should be a member of the Legislative Assembly.
- The remainder of the members should be nominated by the Governor according to the established law.
Powers and Functions
State Legislature – Powers And Functions
Legislative Functions
- The State Legislature can formulate laws on the subject of State and Concurrent Lists. However, in case there is any contradiction between the Union and State law, the law decided by the Parliament shall prevail.
- Bills can be of two types- Ordinary Bills and Money Bills. Ordinary bills can be introduced in either of the two houses in case the State Legislature is bicameral, however, the Money Bill has to initially be introduced in the Vidhan Sabha.
- In case of an Amendment to the Bill, it should be agreed by both houses. A bill that is pending in the Legislative Council of a particular State which is not passed by the Legislative Assembly shall not lapse upon the dissolution of the Legislative Assembly.
- However, in case a bill is pending in the Legislative Assembly of a State, or if the bill passed by the Legislative Assembly is pending in the Legislative Council, the bill will lapse upon the dissolution of the Assembly. After the bill is passed by both the Houses, it is sent to the Governor for his approval.
- In case the bill is sent back for reconsideration, this bill can be passed again by Legislature, and the Governor has to give its assent or reserve assent for the consideration of the President.
Financial Functions
- The State Legislature has control over the finances of the State. A money bill can only be introduced in the Vidhan Sabha. The Money bill is inclusive of expenditure that is authorized by the government, imposition or abolition of taxes, borrowing, etc.
- Money bills cannot be introduced by a private member. It has to be introduced by a Minister on the recommendations of the Governor. In case of any confusion with regards to the certification of that particular bill being a money bill, the Speaker of the Vidhan Sabha would determine the same.
- This money bill after being passed by the Vidhan Sabha needs to be sent to the Vidhan Parishad. This bill needs to be returned within the time span of 14 days, with, or without any recommendations. The Vidhan Sabha may accept or reject these recommendations. After these stages are completed, this bill is sent to the Governor for his assent.
Privileges stated under the Constitution
- Similar to the powers stated under Article 105(1) for Members of Parliament of freedom of speech and expression and under clause (2) that no members of the Parliament will be held liable in any proceeding before any Court for anything said or any vote given by him.
- It further mentions that no individual will be held liable for any publication of any report, paper, votes or proceedings if the publication is made by the parliament or any authority under it.
- Article 194 of the Constitution of India states the same privileges for a State legislative. This absolute privilege can be used by the concerned members only in the premises of the parliament and anything said outside the premise would be implied as defamatory.
Conclusion
Conclusion
- The Parliament is the key institution through which the needs and will of the people are manifested. It plays a significant role in a democracy and aims to bring about transparency, accessibility, representative nature and effectiveness. It is accountable to comprehend the needs of the society which is dynamic in nature and furnishes a strong and reliable legal structure for good governance. It is responsible for safeguarding the rights of its citizens, in the discharge of its executive functions.
- The State Legislative Assembly of any State possesses exclusive power to formulate laws in respect to any matters enlisted in List II (State List) and List III (Concurrent List) in the Seventh Schedule. However, the powers conferred upon the State Government with regards to control over the State and Concurrent lists are not completely justified.
- In reality, the decision of the centre is considered to be superior where control by the central government is considered to be expedient in the public interest by the Parliament of India.
