LEGISLATURE
The term ‘legislature’ is a generic term meaning a body which legislates. The term ‘Legg’ means law and ‘lature’ the place and etymologically Legislature means a place for law-making. Another term, which is used as a synonym of Legislature, is ‘Parliament.’ This word stands derived from the French word ‘Parley’ which means to ‘talk’ or to discuss and deliberate.
Legislature- The parliament of India consist of the-
I. President
II. Rajya sabha
III. Lok sabha
Types of Legislature: Bicameral and Unicameral Legislatures:
A modern legislature is either Bicameral or Unicameral. Bicameralism means a legislature with two houses/chambers while uni-cameralism means a legislature with a single house/chamber. A large number of modern legislatures, particularly of big states, are bicameral i.e. legislatures with two houses (Bi = Two, Cameral = House).
However several states, mostly the small states and provinces of a federal system, have unicameral legislatures, i.e. legislatures with single houses. Where the legislature is bicameral, “the first house is usually called the lower house, and the second house is called the upper house.
India, USA, UK, France, Russia, Switzerland, Australia and a large number of other states have bicameral legislature. 22 states of India have bicameral legislatures.
The unicameral legislatures are working in China, New Zealand, Zimbabwe, Turkey, Portugal and several other states. The state legislatures of all the Canadian and Swiss cantons (provisions) are unicameral. In India, 6 states and 2 Union Territories have unicameral legislatures.
Composition of the Lok sabha:
The total strength of lok sabha is the 552.530 members are the representatives of the states, 20 are the representatives of union territory and 2 members are nominated by the president.
Composition of Rajya Sabha:
The total strength of Rajya sabha is the 250.238 members are the representatives of the states, and of union territory and 12 members are nominated by the president.
Qualification of the members of the parliament:
· He must be a citizen of India
· He must make oath or affirmation before the person authorised by the election commission for this purpose.
· He must be not less than 30 years of age in case of Rajya Sabha and 25 in case of Lok Sabha.
· He must posses other qualification prescribed by the parliament.
Disqualification:
· A person shall be disqualified when
· He hold any office of profit under the union or the state government.
PARLIAMENTARY PRIVILEGES
Parliamentary privileges are special rights, immunities,
exceptions enjoyed by the members of the two houses of Parliament and their
committees. Parliamentary privileges are defined in Article 105 of the Indian
Constitution.
Parliamentary privileges can be broadly divided into two categories;
1. Enjoyed by the Members of Parliament collectively as a part of legislature.
2. Right to exclude the strangers from the proceedings
This right is very essential for securing free and fair discussion in the house. If any breach is reported then the punishment in the form of admonition, reprimand, or imprisonment can be given.
i.
Right to prohibit the publication of
proceedings
According to the Article 105(2) of the Constitution, “no person shall be held liable for publishing any reports, discussions etc. of the house under the authority of the member of the house”. As because of national importance, it is essential that the proceedings should be communicated to the public to aware them about what is going on in the parliament.
ii.
Freedom from arrest:
No member can be arrested and no legal process (criminal or civil) can be initiated within the premises of the house without the permission of the presiding officer of the house.
iii.
Freedom of Speech:
According to the Indian Constitution, the members of Parliament enjoy freedom of speech and expression. No member can be taken to task anywhere outside the four walls of the House (e.g. court of law) or cannot be discriminated against for expressing his/her views in the House and its Committees.
iv.
Exemption from attendance as witnesses:
The members of Parliament also enjoy freedom from attendance as witnesses.
ANTI- DEFECTION LAW
The anti-defection law in India, is found in the 10th schedule of the Constitution of India., was enacted to address the perceived problem of instability caused by democratically elected legislators in India‘s Parliamentary System of Government shifting allegiance from the parties they supported at the time of election, or disobeying their parties’ decisions at critical times such as during voting on an important resolution
FUNCTIONS OF PARLIAMNENT:
Legislative/Legislature function:
The first and foremost function of a legislature is to legislate i.e. to make laws. In ancient times, laws used to be either derived from customs, traditions and religious scriptures, or were issued by the kings as their commands. However, in the contemporary era of democracy, legislature is the chief source of law. It is the legislature which formulates the will of the state into laws and gives it a legal character. Legislature transforms the demands of the people into authoritative laws/statutes. The Parliament makes laws on all subjects listed in the Union List. It can also make laws on subjects listed under the Concurrent List. In case there is any conflict or overlapping in the provisions existing in the Union and State enactment, the Union law prevails. In cases when an emergency has been declared, the Union Parliament can also make laws on subjects that fall within the State List.
Executive function:
According to parliamentary form of government executive is responsible to the parliament for its acts and policies. Hence parliament exercises control by various measures like committees, question hour, zero hour etc. ministers are collectively responsible to the Parliament.
Constitutional Functions:
The power to amend the Constitution vests with the Parliament. Constitutional amendments have to be passed by each house by a majority of total membership as well as by two-third majority of members present in voting. In some cases amendments need ratification from half of the Legislative assemblies of the States.
Deliberative Functions:
To deliberate upon matters of national importance, public issues, problems and needs is an important function of a modern legislature. Through this function, the legislature reflects the public opinion over various issues. The debates held in the legislature have a great educative value for the people.
Electoral Functions:
A legislature usually performs some electoral functions. The two houses of the Indian Parliament elect the Vice-President. All elected MPs and MLAs form the Electoral College which elects the President of India. In Switzerland, the Federal Legislature elects the members of the Federal Council (Executive) and the Federal Tribunal (Judiciary).
Judicial Functions:
It is customary to give some judicial power to the legislature. Usually, the legislature is assigned to act as a court of impeachment i.e. as an investigating court for trying high public officials on charges of treason, misdemeanor and high crimes and remove them from office. In India, the Union Parliament can impeach the President. It has also the power to pass a resolution for the removal of Judges of the Supreme Court and of the High Court‘s on the ground of misbehavior or incapacity.
POWERS OF THE LEGISLATURE:
Constituent Powers
Article 368 of the Indian Constitution provides specific provision for amendment of the Constitution and the Parliament is the repository of the constituent powers of the Union. For an amendment, a bill should be introduced in either Houses of the Parliament so that the constitutional amendment has been exclusively reserved for the Parliament. And the provisions of the Indian Constitution can be amended by the Parliament only by a special majority, not less than 2/3 rd members of each house present and voting. In case of limited categories of constitutional provisions, special majority needs to be ratified by the legislature by not less than half of the States. And also, the Constitution Amendment Bill, as duly passed or ratified should be presented to the President and the President should give his assent and there he has no option to withhold his assent or to return the bill to the House for reconsideration.
Electoral Powers
Elected members of the Parliament and elected members of the Legislative assemblies as well as the elected members of the legislative assemblies of the Union Territories participate in the election of the President, the head of the Executive. Members of both Houses of Parliament participate in the election of the Vice President. Houses also participate in the election of the Speaker and Deputy Speaker to the Lok Sabha and Deputy Chairman to the Rajya Sabha respectively
Judicial Powers
Judicial powers of the parliament includes the power to impeach the President for violation of the Constitution, the power to remove the judges of Supreme Court and High Court on the grounds of proved misbehavior and incapacity, the power to remove the Vice President etc.
Consequential powers
Certain consequential powers are also vested in the Parliament so as to protect the privileges and immunities vested in it, the power to compel the attendance of witness and to provide documents, the power to regulate its own procedure and conduct of business and also the power to exclude strangers from the house. It includes the power of the legislature to punish any person, whether he is a member or not, for the breach of privilege or for contempt of the house. This power is also the most important privilege too. Parliament and State Legislature has also the power to judge for themselves what is right and what is wrong. And if the contempt is committed in the immediate presence of the house, the contemnor may or may not be heard. He may be taken on immediate custody and if he apologizes and if the House pleases, he may be left free.
Executive Powers
The legislative control over the executive is through various methods such as the principle of collective responsibility, committees etc., as already discussed. Executive is responsible to the legislature individually as well as collectively.
Financial Powers
The parliament or the legislature controls the financial matters. The government passes the budget before the starting of a new financial year. And the parliament discusses over the budget and gives assent to that bill. And no money can be spent or no tax can be imposed without the approval of the Parliament. If the budget does not get passed then also ultimately the government should resign. To keep a vigil on how the executive spends money granted by the legislature, there are two standing committees. They are the Public Accounts Committee and the Estimates Committee. The public Account Committee oversees the financial functioning of the government based on the audits Comptroller and Auditor General.
Miscellaneous Powers
Miscellaneous powers of the Parliament of India includes
i. The power of the parliament to create a new state or the power to change names or alter the boundaries of a State by procedure of law.
ii. Parliamentary power to create or abolish the Legislative Council of a State on recommendation of the Legislative Assemblies of such State concerned.
iii. Parliament has the power to impose emergency.
iv. Speaker of the House is the person who has the authority and power to inquire into a matter of contempt and pass orders. And if the speaker comes to the conclusion that a person has violated or committed an offence, he may report to the House and a motion may be moved to punish him for such contempt of the House. Speaker has the power to take action suo moto also.
Legislative Powers
Legislature has different powers and its main power can be said to be the power to enact laws. In total the legislature has the power to regulate the rights and obligations of the people, in accordance with the constitutional provisions. As already stated the legislature in India includes the Parliament at the centre and legislative assembly and legislative councils at the state level. They make laws on the subjects enumerated in their lists concerned.
Comments
Post a Comment