The NCERT Class 11 Political Science Chapter 5: Legislature from the textbook Indian Constitution at Work examines the role and significance of the legislature in a democratic system. It explores the functions of the legislature beyond law-making, such as ensuring executive accountability, financial control, and representation. The chapter discusses the bicameral structure of the Indian Parliament, comprising the Rajya Sabha and Lok Sabha, and explains their roles, powers, and differences. These notes provide a clear and concise summary for revision and exam preparation.
Table of Contents
- 1 Why Do We Need a Parliament?
- 2 Why Do We Need Two Houses of Parliament?
- 3 What Does the Parliament Do?
- 4 Powers of Rajya Sabha and Lok Sabha
- 5 How Does the Parliament Make Laws?
- 6 How Does the Parliament Control the Executive?
- 7 What Do the Committees of Parliament Do?
- 8 How Does the Parliament Regulate Itself?
- 9 Conclusion
- 10 Important Definitions in NCERT Class 11 Political Science Political Theory Chapter 5: Legislature
- 11 FAQs
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Why Do We Need a Parliament?
The legislature, particularly the Parliament in India, is a cornerstone of democratic governance, performing multiple functions beyond law-making. It is a vibrant arena for debates, protests, and cooperation, ensuring representation and accountability in a democracy. Here are some of the reasons why do we need Parliament in India:
- Role in Democracy: The Parliament is central to the democratic political process, enabling representatives to voice public concerns, hold the government accountable, and reflect diverse views. It is indispensable for genuine democracy.
- Accountability: It ensures that representatives are answerable to the people, a fundamental aspect of representative democracy.
- Decline in Influence: Despite its importance, the executive (Cabinet) often dominates policy-making and governance, leading some to argue that Parliament’s role has declined. However, even strong cabinets require parliamentary majority support.
- Democratic Potential: The Parliament remains a democratic forum for open debate, with the power to choose and dismiss the government, ensuring its representative character.
Why Do We Need Two Houses of Parliament?
The Indian Parliament is bicameral, consisting of the Rajya Sabha (Council of States) and Lok Sabha (House of the People). Bicameralism ensures representation of diverse interests and provides a mechanism for reconsideration of decisions.
- Purpose of Two Houses: Bicameralism is preferred in large, diverse countries to represent various sections and regions. It allows decisions to be reviewed twice, ensuring careful deliberation and preventing hasty legislation.
- Rajya Sabha: Represents states, indirectly elected by state legislative assemblies. Members serve six-year terms, with one-third retiring every two years, making it a permanent house. The President nominates 12 members for their contributions in fields like literature, science, art, and social service. Unlike the USA’s equal representation per state, India’s Rajya Sabha allocates seats based on population (e.g., Uttar Pradesh: 31 seats; Sikkim: 1 seat), as per the Fourth Schedule of the Constitution.
- Lok Sabha: Directly elected by the people through universal adult suffrage, with 543 constituencies based on population. It has a maximum term of five years but can be dissolved earlier if the government loses majority or on the Prime Minister’s advice.
Below, you will understand the role of the two houses of parliament, which makes them important to us.
1. Checks and Balances
- Two houses ensure that no single group or party has unchecked power.
- Laws passed in one house must be approved by the other, reducing the chance of hasty or unfair decisions.
2. Better Representation
- Lok Sabha represents the people directly. Members are elected by the public.
- Rajya Sabha represents the states and union territories, giving them a voice in national matters.
3. Detailed Discussions
- Two houses allow more time and space to debate bills, policies, and national issues.
- Complex laws need thoughtful scrutiny, and two houses offer diverse perspectives.
4. Expertise and Experience
- Rajya Sabha often includes experienced politicians, professionals, and scholars who bring deep knowledge to discussions.
- This adds depth and maturity to law-making.
5. Prevents Domination
- If one political party dominates the Lok Sabha, the Rajya Sabha can question, delay, or suggest changes to their proposals.
- This encourages balanced governance.
What Does the Parliament Do?
The Parliament performs multiple functions critical to governance, beyond its primary role of law-making. These functions ensure representation, accountability, and effective administration. Below are the primary functions of the parliament:
- Legislative Function: Enacts laws for the country, though major bills are drafted by the bureaucracy under ministerial supervision and approved by the Cabinet. Private members’ bills rarely pass without government support.
- Control of Executive: Ensures the executive remains accountable through debates, questions, and motions, preventing overreach and ensuring responsiveness to the public.
- Financial Function: Controls taxation and government expenditure through budget approval and scrutiny of financial statements, ensuring proper use of resources.
- Representation: Represents diverse regional, social, and economic groups, reflecting the nation’s varied interests.
- Debating Function: Acts as the highest forum for debate, allowing members to discuss any issue freely, which is central to democratic decision-making.
- Constituent Function: Discusses and enacts constitutional amendments, requiring a special majority in both houses.
- Electoral Function: Elects the President and Vice President of India.
- Judicial Function: Considers proposals for the removal of the President, Vice President, and judges of High Courts and the Supreme Court.
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Powers of Rajya Sabha and Lok Sabha
Understanding the Powers of Rajya Sabha and Lok Sabha is key to grasping how India’s Parliament works. While both houses are important, they have distinct roles and powers in law-making, finance, and governance.
Here’s a simplified comparison to help you understand better:
Area of Power | Lok Sabha (House of the People) | Rajya Sabha (Council of States) |
Legislative Powers | Can pass laws on Union and Concurrent Lists. | Can also pass laws, but Lok Sabha has more influence in case of a disagreement. |
Financial Powers | Holds complete control over the budget and money bills. | Can’t introduce or amend money bills – only gives recommendations. |
Executive Powers | The Council of Ministers passed a no-confidence motion. | No such power. Cannot remove the government. |
Electoral Powers | Participates in the election of the President and Vice President. | Same role as Lok Sabha in presidential elections. |
Judicial Powers | Can initiate impeachment of the President and judges of the Supreme Court/HCs. | Shares this power equally with Lok Sabha. |
Special Powers | Can create new All-India Services. | Can declare subjects of State List as national importance (Article 249). |
Tenure and Dissolution | Five-year term can be dissolved. | Permanent house, not subject to dissolution. |
How Does the Parliament Make Laws?
Making laws is one of the most important functions of the Indian Parliament. The process ensures that laws are carefully discussed, debated, and agreed upon before they come into force. Here’s a simple breakdown of how the Parliament makes laws:
Stage | What Happens |
1. Drafting the Bill | A proposed law, called a bill, is prepared. It can be introduced by a minister (government bill) or any Member of Parliament (private member’s bill). |
2. First Reading | The bill is introduced in either the Lok Sabha or Rajya Sabha. No detailed discussion happens at this stage. |
3. Second Reading | The bill is discussed in detail. Members debate its principles. It may be sent to a committee for further examination. |
4. Committee Review (Optional) | A parliamentary committee may review the bill and suggest changes. This ensures the bill is sound and practical. |
5. Third Reading | The final version of the bill is voted on. If passed by a majority, it moves to the other House. |
6. Second House Process | The bill goes through the same stages in the second House. If both Houses pass the bill, it goes to the President. |
7. Presidential Assent | The President of India signs the bill. Once signed, the bill becomes a law and is officially called an Act. |
What If There’s a Disagreement?
If the two Houses can’t agree on a bill, a joint session of both Houses may be called to resolve the deadlock. The decision taken in the joint session is final.
How Does the Parliament Control the Executive?
In a parliamentary democracy, the Parliament ensures executive accountability through various mechanisms, preventing Cabinet dictatorship. Here’s how it does that;
- Parliamentary Privileges: Members enjoy freedom of speech in the legislature, protected from legal action for their statements, enabling fearless scrutiny of the executive.
- Instruments of Control:
- Deliberation and Discussion: Through Question Hour, Zero Hour, half-hour discussions, and adjournment motions, members question and critique government actions.
- Approval of Laws: Bills require parliamentary approval, involving negotiations, especially if the government lacks a Rajya Sabha majority.
- Financial Control: The Lok Sabha approves the budget and scrutinises expenditure through reports from the Comptroller and Auditor General and Public Accounts Committees.
- No-Confidence Motion: The Lok Sabha can dismiss the government if it loses majority support, a significant check on executive power.
- Challenges: Declining session time, lack of quorum, and opposition boycotts weaken parliamentary control, though these actions are often political strategies to force accountability.
What Do the Committees of Parliament Do?
Parliamentary committees play a vital role in strengthening democracy and ensuring effective governance. These committees help Parliament function more efficiently by examining complex matters in detail, something that isn’t always possible during regular sessions. Here’s what these committees actually do:
- Scrutinize Bills and Policies: Committees closely study proposed laws and policies. They suggest changes, gather expert opinions, and ensure that each law is fair, practical, and in the public interest before it’s passed.
- Monitor Government Spending: They examine how public money is spent. Financial committees like the Public Accounts Committee (PAC) and Estimates Committee check if taxpayer funds are being used correctly and transparently.
- Ensure Accountability: They hold government ministries and departments accountable by reviewing their work, asking tough questions, and recommending improvements.
- Encourage Public Participation: Committees often invite experts, academics, NGOs, and even citizens to share their views. This makes policymaking more inclusive and balanced.
- Investigate Issues in Detail: Parliamentary committees conduct in-depth investigations into matters of national importance. like public health, education reforms, environmental concerns, or defense.
- Submit Reports to Parliament: After their findings, committees submit detailed reports to Parliament. These reports help guide debates and influence important decisions.
How Does the Parliament Regulate Itself?
The Parliament maintains order and dignity through constitutional provisions and the anti-defection law. Here are the ways how it regulate itself.
- Presiding Officer’s Role: The Speaker or Chairperson regulates proceedings and decides on matters like breaches of privilege, ensuring smooth conduct.
- Anti-Defection Law: Enacted through the 52nd Amendment (1985) and modified by the 91st Amendment, it prevents legislators from switching parties after an election. Defection (e.g., voting against party instructions or leaving the party) leads to loss of membership and disqualification from political office.
- Impact: The law strengthens party discipline but empowers party leadership and presiding officers, with limited success in curbing defections.
Conclusion
The legislature, particularly the Indian Parliament, is vital for democratic governance, performing functions like law-making, executive oversight, financial control, and representation. The bicameral structure, with the Rajya Sabha and Lok Sabha, ensures diverse representation and careful deliberation. While the Lok Sabha holds key powers over money bills and government accountability, both houses share equal authority in most other areas. Parliamentary committees and mechanisms like the anti-defection law enhance efficiency and discipline. Despite challenges like declining session time and executive dominance, the Parliament remains a critical forum for debate and accountability, balancing governance with democratic principles.
Important Definitions in NCERT Class 11 Political Science Political Theory Chapter 5: Legislature
This section will help you to understand the key concept and list key terms for clarity and revision.
- Legislature: The organ of government responsible for making laws, representing people, and ensuring executive accountability.
- Parliament: The national legislature in India, comprising the Rajya Sabha and Lok Sabha.
- Bicameral Legislature: A legislature with two houses, like India’s Parliament, ensuring diverse representation and review of decisions.
- Unicameral Legislature: A legislature with one house, adopted by some Indian states.
- Rajya Sabha: The Council of States, representing states, indirectly elected, with a permanent structure due to staggered elections.
- Lok Sabha: The House of the People, directly elected by citizens, with authority over money bills and government accountability.
- Money Bill: A bill concerning taxation or expenditure, initiated only in the Lok Sabha, with limited Rajya Sabha input.
- Parliamentary Privilege: Immunity for legislators’ statements in the House, enabling fearless debate and executive scrutiny.
- Anti-Defection Law: A law preventing legislators from switching parties, enforced by the presiding officer to maintain party discipline.
- No-Confidence Motion: A Lok Sabha motion to dismiss the government if it loses majority support.
Explore Notes of Class 11 Political Science: Political Theory
Download the Solutions of Other Chapters of Class 11 Political Science: Indian Constitution at Work
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FAQs
The legislature makes laws, ensures executive accountability, controls finances, represents diverse groups, and debates national issues, forming the core of democratic governance.
India’s bicameral Parliament, with Rajya Sabha and Lok Sabha, ensures representation of states and diverse groups, allows reconsideration of decisions, and prevents hasty legislation.
Lok Sabha is directly elected, controls money bills, and holds the government accountable, while Rajya Sabha is indirectly elected, represents states, and has a permanent structure.
Through deliberation, Question Hour, financial scrutiny, and no-confidence motions, the Parliament ensures the executive remains accountable and responsive.
Enacted in 1985 and modified in 2003, it prevents legislators from switching parties, with penalties like loss of membership, enforced by the presiding officer.
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