Anti-Defection Law

Need of Parliament

Parliament serves as the nucleus of all democratic political processes, teeming with actions such as walkouts, protests, demonstrations, unanimity, concern, and cooperation. Along with lawmaking it aids in holding representatives accountable to the people. It is the most representative of all organs of government and is recognized as one of the most democratic and open forums for debate. It is endowed with the power to appoint and dismiss the government....

Parliament of India

“Parliament” refers to the national legislature, while the legislature of the States is termed the State legislature....

Rajya Sabha

Represents the States of India. Members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies....

Election to Rajya Sabha

Members of the Rajya Sabha serve a term of six years and can be re-elected. The Rajya Sabha is never fully dissolved: Members do not complete their terms simultaneously. Every two years, one-third of the members retire, and elections are held for those one-third seats only. The Rajya Sabha can convene for urgent business even when the Lok Sabha is dissolved, and elections are pending. Nominated members in Rajya Sabha The Rajya Sabha includes twelve nominated members besides the elected ones who are nominated by the President. Nominations are made from individuals who have excelled in literature, science, art, and social service....

Lok Sabha – Elections and Tenure

The Lok Sabha and the State Legislative Assemblies are directly elected by the people....

Functions of Parliament

Type Functions Legislative Functions While it enacts legislations for the country, the Lok Sabha often merely approves legislations The actual task of drafting bills is performed by the bureaucracy under the supervision of the concerned Minister. The substance and timing of bills are decided by the Cabinet, and no major bill is introduced without Cabinet approval. Members other than ministers can introduce bills, but these have little chance of passing without government support. Financial Functions Controls taxation and government expenditure: New taxes proposed by the Government require Lok Sabha approval. Parliament grants resources to the government for implementing programs. The government is required to report to the legislature about its expenditure and resource-raising activities. Ensures government doesn’t mis-spend or over-spend through the budget and annual financial statements. Constituent Function Parliament has the power to discuss and enact changes to the Constitution, with all amendments requiring approval by a special majority of both Houses. Debating Function It is the highest forum of debate as members are free to speak on any matter without fear, enabling analysis of national issues. Electoral Function Elects the President of India. Elects the Vice President of India. Judicial Functions Considers proposals for the removal of the President, Vice-President, and Judges of High Courts and the Supreme Court....

Powers of Lok Sabha and Rajya Sabha

Lok Sabha Rajya Sabha Making laws on matters included in the Union List and Concurrent List. It can introduce and enact both money and non-money bills. Considering and approving non-money bills and suggesting amendments to money bills. Approving proposals for taxation, budgets, and annual financial statements. Approving constitutional amendments. Controlling the executive by asking questions, supplementary questions, resolutions, motions, and through motions of no confidence. Exercising control over the executive by asking questions, introducing motions, and resolutions. Amending the Constitution. Participating in the election and removal of the President, Vice President, Judges of the Supreme Court and High Court. Approving the Proclamation of emergency. Empowered to grant the Union Parliament the authority to make laws on matters included in the State list. Electing the President and Vice President and removing Judges of the Supreme Court and High Court. It can initiate the procedure for the removal of the Vice President. Special Power of Lok Sabha Special Power of Rajya Sabha Only Lok Sabha can initiate a Money bills, Rajya Sabha cannot initiate, reject, or amend money bills. The Council of Ministers is accountable to the Lok Sabha, not the Rajya Sabha. Therefore, the Rajya Sabha can criticize the government but cannot remove it. Any matter affecting the States must be referred to the Rajya Sabha for its consent and approval. Parliament needs Rajya Sabha’s approval to transfer matters from the State list to the Union or Concurrent list for the nation’s interest....

Procedure of Making Laws in Parliament

A definite procedure is followed in the process of making law, comprising elements outlined in the Constitution and conventions that have evolved over time. The law-making process is technical and often tedious....

Parliamentary Privileges

Members of the parliament have some privileges. They cannot face legal action for anything said within the legislature. The presiding officer holds final powers in determining breaches of privilege. Facilitate effective representation of the people and exercise control over the executive by legislators....

Control of the Executive by Parliament

The executive is typically formed from the party or coalition with a majority in the Lok Sabha....

Instruments of Parliamentary Control

Device/Instruments Description General Discussions Members deliberate on policy direction and implementation methods of the executive during law-making process and other general discussions in the House. Zero Hour Members raise important matters for discussion and ministers are not obligated to respond. Question Hour Ministers respond to daily questions during parliamentary sessions. Crucial method for scrutinizing the executive and administrative agencies. It gives the members an opportunity to criticise the government and represent the problems of their constituencies. No Confidence Motion Most powerful tool for ensuring executive accountability. Governments forced to resign due to lack of confidence in the House. Financial Control Government programs receive financial resources through the budget, which requires approval from the legislature. Budget approval required for government programs. The legislature scrutinizes the government’s financial requests and can refuse to grant resources if deemed necessary. The legislature can investigate cases of fund misuse based on reports from the Comptroller and Auditor General and Public Accounts Committees. Approval and ratification of laws A bill can become a law only with the approval of the Parliament. If the government has not a disciplined majority, such approvals are the products of intense bargaining and negotiations amongst the members of ruling party or coalition of parties and even government and opposition. Many bills, such as the Lok Pal Bill have failed enactment, Prevention of Terrorism bill (2002) was rejected by the Rajya Sabha. Other instruments These may include half-an-hour discussions on public importance matters, adjournment motions, etc....

Decline of Parliament Functioning

Over the last two decades, there has been a gradual reduction in the frequency of Lok Sabha and State Legislative Assembly sessions, as well as the time allocated for debates. Houses of Parliament have faced challenges with quorum, where the minimum number of members required to conduct proceedings is not met. Opposition parties occasionally boycott sessions, depriving the House of the ability to effectively scrutinize and control the executive through discussions and debates....

Need of Parliamentary Committees – Their Functions and Importance?

Parliamentary committees play a crucial role not only in lawmaking but also in the routine operations of the House. As Parliament convenes only during sessions, committees provide a platform for more in-depth study of issues requiring legislative attention. Lawmaking necessitates thorough examination of the subject matter, demanding additional attention and time....

Anti-Defection Law

Anti defection law was bought to stop deflection from one party to the other. In 1985 by making a constitutional amendment (52nd Amendment Act) the anti-defection was introduced, subsequently modified by the 91st amendment....

FAQs on Legislature

What is called legislature?...