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Published by Enhelion, 2020-03-26 10:03:05

Module III

Module III

MODULE III- PARLIAMENT AND STATE LEGISLATURES

INTRODUCTION

The Legislative wing of the Government in India comprises of the Parliament at the Union
level and the State Legislatures at the State level. It is one of the three pillars of democracy,
other being the Executive and the Judiciary. The main function of these organs is to formulate
laws and enact legislations for the Executive to enforce. The President and the Governor are
considered to be a part of the Parliament and the State Legislatures respectively.

The Parliament and the State Legislatures have similar constitution, composition, powers and
functions and only their area of operation differs. There are, however, certain circumstances
wherein the Parliament assumes more power than the State Legislatures for the purposes
stated in the Constitution.

CONSTITUTION, COMPOSITION, POWERS AND FUNCTIONS OF
PARLIAMENT

CONSTITUTION OF PARLIAMENT

The Parliament is constituted under the Constitution of India under Part V, Chapter II
(Article 79).
The Parliament consists of the President and the two Houses of the Parliament.
The upper House of the Parliament is known as the Council of States
The lower House of the Parliament is known as the House of the People
India has a bicameral Parliament.
The Council of the States is also known as the Rajya Sabha and the House of the
people is known as the Rajya Sabha.

COMPOSITION OF THE PARLIAMENT
Composition of the Council of States: ARTICLE 80

Strength of the Council of States (Rajya Sabha):

238 representatives of the State and the Union Territories and 12 members to be
nominated by the President.
The maximum strength of the Rajya Sabha is 250.
The members appointed by the President must have special knowledge in the field of
literature, art, science, social service etc.

Mode of allocation of seats in the Council of States
To be done in accordance of the provisions in the Fourth Schedule
Representatives of the States are elected by members of State Legislative Assemblies
on the basis of proportional representation through single transferable vote
It is known as the Upper House of the Parliament
The States are provided representation on the basis of their population

Composition of the House of People (Lok Sabha): ARTICLE 81

Strength of the House of People
530 members are chosen by direct election from territorial constituencies in the States
and 20 members to represent the Union Territories, additionally, the President can
nominate 2 members of the Anglo-Indian community ( maximum strength set at 552
members)
Mode of election of Members to the Legislative Council:
-representatives elected by the people on the basis of universal adult franchise through
secret ballot
The number of members from each State depends on their population
The Vice President is the ex-officio chairman of the Rajya Sabha
Rajya Sabha elects a Deputy Chairman from amongst its members who presides in the
absence of Vice President

DURATION OF LOK SABHA AND RAJYA SABHA

The duration of Lok Sabha is fixed at 5 years under the Constitution.
It may be dissolved earlier by the President on the recommendation of the Prime
Minister

The term can also be extended for a maximum period of 1 year at a time by the
Parliament during national emergency, but no longer than a period of six months after
the proclamation of emergency has ended.
The Rajya Sabha is a permanent body and is not subject to dissolution
The members of the Rajya Sabha are elected for a term of six years
One-third of the members of the Rajya Sabha shall retire on the expiration of every
second year.

QUALIFICATION FOR MEMBERSHIP FOR LOK SABHA
Citizen of India
Make and subscribe an oath or affirmation expressing his true faith and allegiance to
the Constitution and for upholding sovereignty and integrity
Not less than 25 years of age
Should be registered in any parliamentary constituency (Representation of the People
Act, 1951)
Possess such other qualification as prescribed by the Parliament
Does not hold any office of profit under the State or Central Government
Must not be of unsound mind or undischarged insolvent

QUALIFICATION FOR MEMBERSHIP FOR RAJYA SABHA
Citizen of India
Not less than 30 years of age
Possess such other qualification as prescribed by the Parliament
Does not hold any office of profit under the State or Central Government

SESSIONS OF PARLIAMENT
The Session of the Parliament is convened at the discretion of the President
There should not be a gap of more than six months between two sessions

The President can call for a ‘joint session’ of the two Houses in certain circumstances
of deadlock

POWERS AND FUNCTIONS OF THE PARLIAMENT

Parliament exercises law-making powers over the subjects of the Union List and
Concurrent List
Legislative Powers:
-on subjects under the State and Concurrent List.

Parliament can legislate on subjects of State List if-
-the Rajya Sabha passes a resolution by a two-third majority in matters of national
interest
-if the legislatures of two or more States recommend the Parliament to legislate
-for the implementation of treaties and agreements with foreign power
During the proclamation of emergency on account of threat to security of India or a
breakdown of constitutional machinery in the State
Financial Powers:
-Parliament exercises complete control over the Union Finance
-A money bill can only be introduced in the Lok Sabha
-the money bill goes to the Rajya Sabha after having been passed by the Lok Sabha
and has to be returned within 14 days irrespective of whether it has been passed or
rejected by the Rajya Sabha.

Power to control the Executive (Control over the Executive):
- is exercised by the Lok Sabha. The Council of Ministers is collectively responsible
before the Parliament
-Council of Ministers stay in office as long as they enjoy the confidence in Lok Sabha
-Parliament exercises control over the government through questions, supplementary
questions, resolutions, adjournment motions etc.

Electoral Functions:
-Lok Sabha elects its own Speaker and Deputy Speaker and can remove them through
a vote of no-confidence.

-The Rajya Sabha elects the Deputy Chairman amongst its own members
-Parliament elects the Vice President and can initiate impeachment proceedings
against the President of India

Amendment Powers:
-Parliament plays a major role in the amendment of the Constitution
-Only some provisions require State legislatures approval for carrying out an
amendment of the Constitution

Other powers and functions
-Parliament recommends the creation of All India Services
-Parliament reserves the right to recommend removal of Judges of Supreme Court and
High Courts to the President

LIMITATIONS ON THE POWERS OF PARLIAMENT
Prior consent of the President is required for introduction of some bills.
There is reservation of some bills by the Governor for President’s assent.

SOME OTHER POINTERS
The President summons the Houses, prorogues the Houses and dissolves the Lok
Sabha.
Ministers and the Attorney General has the right to speak in and take part in the
proceedings of the Parliament
Speaker and Deputy Speaker shall vacate his office if he ceases to be a member, or
submit their resignation or may be removed by a majority resolution after at least a
fourteen days notice
There is freedom of speech in the Legislative Assemblies and of members and
committees (Article 105).

CONSTITUTION, COMPOSITION, POWERS AND FUNCTIONS OF STATE
LEGISLATURES

CONSTITUTION OF STATE LEGISLATURES

The State Legislatures are constituted under the Constitution of India under Part VI,
Chapter III (Article 168)
The State Legislature consists of the Governor and Legislative Assembly and
Legislative Council for the States which have two Houses (collectively known as the
two houses).However, it is not necessary for all the States to have two houses of
Legialtures.
If the State has one House, it is known as the Legislative Assembly or the Vidhan
Sabha and for States which have two Houses, the other House is known as the
Legislative Council or the Vidhan Parishad.
Parliament can create or abolish the Legislative Council of a State if the Legislative
Assembly passes a resolution by special majority.
The creation or abolition of the Legislative Council is not considered to be an
amendment of the Constitution for the purposes of Article 368.

COMPOSITION OF THE STATE LEGISLATURE

Composition of the Legislative Assemblies: ARTICLE 170

Strength of the Legislative Assembly:
The minimum strength provided for a Legislative Assembly is sixty members and the
maximum strength provided for a Legislative Assembly is 500.
Mode of Election of Members to the Legislative Assembly:
direct election from territorial constituencies of the State
The Legislative Assembly is also known as the “popular house”
Seats in the Legislative Assembly of the State can be reserved for SC and STs under
Article 332.
Governor has the power to appoint one member of the Anglo-Indian community to
the Legislative Assembly under Article 333.

Composition of the Legislative Councils: ARTICLE 171

Strength of the Legislative Councils
The minimum strength of Legislative Council is set at forty members and the
maximum strength provided under the Constitution is one third (1/3rd) of the total
number of members in the Legislative Assembly of that State (40-1/3rd of LA)
Mode of election of Members to the Legislative Council:
-One third (1/3) of the members are elected by municipalities;
-One twelfth (1/12) of the members are elected by graduates of University;
-One third (1/3) of the members are elected by teachers;
-One third (1/3) of the members of the Legislative Council are elected by the
members of Legislative Assembly;
-Remaining members of the Legislative Council are nominated by the Governor (from
people in the field of literature, science, art, co-operative movement and social service

DURATION OF STATE LEGISLATURES

The duration of Legislative Assembly is fixed at 5 years under the Constitution.
It may be dissolved earlier by the Governor at the request of the Chief Minister.
The term can also be extended for a maximum period of 1 year at a time by the
Parliament during national emergency, but no longer than a period of six months after
the proclamation of emergency has ended.
The Legislative Council is a permanent body and is not subject to dissolution
One-third of the members of the Legislative Council shall retire on the expiration of
every second year.

QUALIFICATION FOR MEMBERSHIP FOR LEGISLATIVE ASSEMBLY

Citizen of India
Not less than 25 years of age
Possess such other qualification as prescribed by the Parliament
Does not hold any office of profit under the State or Central Government

QUALIFICATION FOR MEMBERSHIP FOR LEGISLATIVE COUNCIL
Citizen of India
Not less than 30 years of age
Possess such other qualification as prescribed by the Parliament
Does not hold any office of profit under the State or Central Government

POWERS AND FUNCTIONS OF THE STATE LEGISLATURE
State Legislatures exercises law-making powers over the subjects of the State List and
Concurrent List
Legislative Powers:
-on subjects under the State and Concurrent List.
-In matters of conflict between laws made by the State and the Union in the
Concurrent list, law made by the Parliament takes precedence.

Financial Powers:
-power to levy taxes in respect of all subjects of the State List.
-A money bill can only be introduced in the Legislative Assembly.
-For States with a bicameral legislature, the money bill goes to the Legislative
Council after having been passed by the Legislative Assembly and has to be returned
within 14 days irrespective of whether it has been passed or rejected by the
Legislative Council.

Power to control the State Council of Ministers (Control over the Executive):
- is exercised by the Legislative Assembly. The Council of Ministers is collectively
responsible before the Legislative Assembly.

Electoral Functions:
-Legislative Assembly elects its own Speaker and Deputy Speaker and can remove
them through a vote of no-confidence.

-They also have the power to elect MLAs and participate in the election of the
President of India/ members of Rajya Sabha.
-The Legislative Council elects its own presiding officers.

Amendment Powers:
-Some Constitutional amendments can only be made with the ratification of at least
half of the State Legislatures.
-To enable Parliament to amend the Constitution for the purpose of altering the
boundary of a State, the opinion of the concerned State Legislative Assembly has to
be sought.

LIMITATIONS ON THE POWERS OF STATE LEGISLATURE

Prior consent of the President is required for introduction of some bills.
There is reservation of some bills by the Governor for President’s assent.
Limitations on law-making by the Rajya Sabha if Rajya Sabha adopts a resolution by
special majority and declares a state subject as a subject of national importance
(Article 249).
Limitations during national emergency under Article 352 (laws passed under this
operate during the period of emergency and for six months after the end of
emergency).
Limitations during a constitutional emergency under Article 356.
Discretionary power of the Governor.

SOME OTHER POINTERS

The Governor summons the Houses, prorogues the Houses and dissolves the
Legislative Assembly.
Ministers and the Advocate-General for a State has the right to speak in and take part
in the proceedings of the State Legislatures
Speaker and Deputy Speaker shall vacate his office if he ceases to be a member, or
submit their resignation or may be removed by a majority resolution after at least a

fourteen days notice [Same for Chairman and Deputy Chairman of the Legislative
Council].
There is freedom of speech in the Legislative Assemblies and of members and
committees (Article 194).

COMMITTES OF PARLIAMENT
There are a number of committees to assist the Parliament in the discharge of its duties.
These committees help in maintaining effective control of the Parliament over the Executive.
The committees are of two kinds-

1. Standing Committees (constituted periodically)
2. Ad hoc Committees (constituted on a need basis)
Some examples of the most prominent committees of the Lok Sabha are-

Business Advisory Committee (Speaker is the Chairman of this Committee)
Committee on Private Members’ Bills and Resolutions
Select Committees
Committee on Petition
Rules Committee
Committee on Privileges
Estimates Committee
Public Accounts Committee

TYPES OF BILLS
A Bill may be introduced in either House except Money Bills, which can only be introduced
in the Lower House. The two types of Bills that we would be discussing here are-

1. Ordinary Bill
2. Money Bill

Ordinary Bills

An Ordinary Bill could be introduced in either House of the Parliament. The Bill, then, has to
be agreed to by both the Houses and then it is deemed to be passed by both the Houses. The
Bill is then sent for the President’s assent. Having received the President’s assent, the Bill
becomes a valid law.

When it comes to Bills other than Money Bills, Rajya Sabha enjoys equal powers as Lok
Sabha. A Bill passes through First Reading (Introduction), Second Reading (general
discussion of the principles of Bill), Committee Stages, Report Stage and Third Reading
(limited discussion for passing or rejection of the Bill as a whole).

Money Bills

A Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of
the following matters-

(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the
Government of India, or the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the Government of India;
(c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of
moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of
India or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account
of India or the custody or issue of such money or the audit of the accounts of the Union or of
a State; or
(g) any matter incidental to any of the matters specified in sub clause (a) to (f)

Money Bills can only be introduced in the Lok Sabha on the recommendation of the
President of India. The Speaker decides any disputes on the question of whether a Bill is a
Money Bill or not. The Certificate of the Speaker certifying a Bill as Money Bill is to be
endorsed and signed by him when it is transmitted to Rajya Sabha or when presented to the
President for his assent.

Categories of Money Bill
Finance Bill
Appropriation Bills


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