NAME- Pradhuman Singh
CLASS- 11 th
STREAM- Arts
SUBJECT- Political Science
Submitted to- Abhilasha
Madam
Certificate
This is to certify that Pradhuman Singh of class 11th
Stream Arts has completed research and project
work on the topic Legislature under the guidance of
Abhilasha Madam during session 2020-21 .
Acknowledgement
I pay my deep sense of gratitude to my Political science
teacher Ms. Abhilasha Jain for her able guidance which
helped me in completing my project.
I also extend my thanks to our Principal
Dr. Anju Popli for providing me this opportunity to do
research work on the Topic Judiciary. Their support was
the base on which i built my Project work.
Lastly i would thank my parents for their
co-operation which helped me in furnishing this work.
Serial No. Topics
1. Introduction
2. History
3. Lok Sabha
5. Rajya Sabha
6. Bicameralism
7. Bibliography
Introduction
Legislatures commonly defined as Law making bodies
are deliberate assemblies which have the authority to
make and enact laws for the territories entitled to them.
A legislature is an important part of Government under
the separation of powers model given by Montesquieu (A
French Political Philosopher).
In his text, The Spirit of Laws Montesquieu gave
various ideas of political distribution of powers among
the three organs of Government namely- Executive,
Legislature and Judiciary.
He based his model on Constitution of Roman Republic
and British Constitutional system.
Our topic of concern here is Indian Legislature. And
the supreme legislative body of India is Bhartiya
sansad.
India has a bicameral legislature at central level
comprising of President, Rajya sabha and Lok sabha.
The upper house Rajya sabha has 245 Members
while Lok sabha has 543 members currently.
The upper house of Parliament is Permanent house
as after every 2 yrs its 1/3rd members retire.
While Lok sabha is Temporary house of Parliament.
After every 5 yrs it is dissolved and fresh elections are
held.
Bhartiya Sansad
History
During the British raj, the office of the Secretary of
State for India was the authority Through which British
Parliament exercised its legislative powers in Indian
Subcontinent.
Acts like, Indian council Act 1861 and 1892 increased
the representation of Indians in the Government, their
power being limited still.
Participation of Indians In administration was expanded
through Govt. Of India Act, 1919 and Indian Council Act
1909.
The Government of India Act 1935, introduced
Provincial Autonomy and proposed Federal structure in
India.
History
The parliamentary building was designed by
Sir Edwin Lutyens and Sir Herbert Baker.
Its design was based on Chausath Yogini
temple [ Muraina, Madhya Pradesh].
The Construction of This Building Took 6 years from 1921 to
1927.
Its opening ceremony was performed by Lord Irwin on 18 Jan
1927.
The third session of Central Legislative Assembly was held in this
House on 19 January 1927.
Later two floors were added to the structure in 1956 due to a
demand for more space.
The parliament museum opened in 2006 next to the Parliamentary
House in the Building of Parliamentary Library.
Lok sabha
Lok sabha is the lower house of the Indian Parliament.
It has maximum membership of 552 persons. Currently
there are 543 members which are elected directly under
universal suffrage according to FPTP system of voting.
Earlier two seats were reserved for Anglo-Indian
community.
It normally operates for 5 yrs unless dissolved.
But in case of proclamation of national emergency, this
period may be extended by parliament by law.
The minimum age requirement for contesting elections
of LS* is 25 yrs.
*LS – Lok Sabha
Lok Sabha
However there are some conditions under which a member could be
disqualified from the house.
Some of the conditions are-
If he/she holds office of profit.
If he/she has unsound mind or stands as not perfect for the
membership.
If he/she is not a citizen of India.
Lok sabha has many powers like- it can pass the no-confidence
motion against the government. Rajya sabha has no power over such
motions.
Money bill only be passed and introduced in LS.
The Budget is presented by Finance Minister under the name of the
President.
And in matters of Ordinary bills both the houses have equal powers.
Lok Sabha
It has equal power with RS in initiating and passing any bill on
Constitutional Amendments.
Equal powers with the RS in initiating and passing a resolution declaring
War or National Emergency.
If LS is dissolved before or after the declaration of a national Emergency,
Rajya sabha becomes the sole parliament. This is a limitation on LS.
So it is crystal clear that Lok sabha is more powerful than Rajya Sabha,
even in those matters on which Constitution has placed them on Equal
footing.
This influence arises simply because of Numeric strength of the Lower
House.
The different sessions of Parliament are-
Monsoon session- July-September
Budget session- February-May
Winter session- November-Mid December
Rajya sabha
Rajya sabha is often known as Upper house is the second chamber
of Indian Parliament with capacity of 250 members.
The term upper house is carried from English Parliamentary
system. But in the case of India it doesn’t imply any hierarchy
between the two.
Currently it has 245 members of which 233 are indirectly elected
by MLAs of respective States and UTs.
And 12 members are directly elected by the President. They are
professionals from field of art, science, culture, law etc.
It is chaired by the Vice-President of India.
The Law making procedure in RS* is same as that of Lok sabha.
But what makes it different is that it gives the second opinion.
The reason for establishing RS and giving such representation to
states and UTs was the federal structure of India.
*RS- Rajya Sabha
Rajya sabha
During the making of constitution, a committee led by Pt. Nehru
gave the suggestion of establishing a second house.
This idea faced many rebuffs as others considered it as irrelevant
and the practice of British Raj which should not be inherited.
But Gopalswamy Ayyangar supported the idea by arguing that it
would strengthen Democracy in India.
Dr. Rajendra Prasad question the qualification set for being a
member of RS, which was only to be an Indian Citizen. His
Concern was although heard but not accepted.
Rajya sabha conducted its first meeting on 13 may 1952.
Till date RS has passed many important bill which helped to
tackle social and political challenges facing the country.
It has amended many important bills like Prevention of
Corruption bill..
Rajya sabha
Bills like Money bill can be passed without approval of RS. But
other bills like ordinary bills, private member’s bill, financial bill
need the consent of upper house.
According to Constitution, RS is a place of debate, discussion and
deliberation on laws passed by Lok sabha. This is the reason it is also
called “Deliberative house”.
There are bills that have passed Lok sabha but were rejected in
Upper house.
The second chamber has many other important practices like ‘calling
the attention’.
Many members of Rajya sabha were expelled due to their wrong
practices.
Rajya sabha has power to make laws on subjects of state list. This
happened in the case of Punjab.
It can approve President’s rule in states when Lower house is
dissolved.
Rajya sabha
It has powers of removing a Judge.
It can create a new All India Services role.
Earlier there was a rule called Domicile clause, which
stated that in order to represent a state in Rs a person
must be Resident of it.
This clause was however removed by SC in 2003.
In the late 1970s and 2000s RS has shown great
resistance to the will of majority party and had voiced the
view of opposition.
But critics say that the upper house was made with a
vision to promote deliberation but it is working on the
agenda of majority party.
Bicameralism
Bicameralism is the system in which the Legislature has two Houses
or Chambers.
Members of these two chambers are often elected differently. They
also have different composition of members.
As in the case of India, members of lowers house are elected directly
by people through FPTP.
And members of the Upper house are elected indirectly by MLAs of
States and UTs through STV variant of Proportional representation.
Perfect Bicameralism is a condition in which the approval of
majority of both houses is needed to pass and enact Primary
legislations.
However in imperfect Bicameralism, the one to whom the Executive
is responsible, can overrule the other.
This practice of Bicameralism was started in England.
It is said that British Parliament is the mother of Parliaments.
Bicameralism
The practice of
Bicameralism could
be traced back to 1341, when the commons met nobility and
clergy separately for the first time, creating what was
effectively an upper chamber and a lower chamber, with
knights and burgesses sitting in the latter.
This upper chamber came to be known as House of lords
from 1544 onwards, and the lower chamber was House of
Commons.
Even the founding fathers of US also favoured a bicameral
legislature.
Today Bicameralism has gone to a great extent with about
40% of the National legislatures in the world being Bicameral.
Bibliography
Wikipedia
Democratic Politics- II
Indian Constitution at work
Indian Express
Telegraph