India's legislative structure is designed to represent the will of the people at both the national and state levels. This ensures that laws and policies reflect the diverse needs and interests of its citizens.
Structure
1. Parliament
Parliament is the supreme legislative body in India, consisting of two houses:
- Lok Sabha (House of the People):
- Composition: Directly elected by the people, with a maximum strength of 552 members (530 from states, 20 from Union Territories, and 2 nominated by the President).
- Term: 5 years, unless dissolved sooner.
- Rajya Sabha (Council of States):
- Composition: Indirectly elected by state legislatures, with a maximum strength of 250 members (238 elected and 12 nominated by the President for their expertise).
- Term: Permanent body with one-third of its members retiring every two years, and each member serving a six-year term.
2. State Legislatures
State legislatures can be unicameral or bicameral:
- Unicameral Legislatures:
- Only one house, the Legislative Assembly (Vidhan Sabha).
- Bicameral Legislatures:
- Two houses: Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad).
- Legislative Assembly:
- Composition: Directly elected by the people, with varying numbers of members based on the state's population.
- Term: 5 years, unless dissolved sooner.
- Legislative Council:
- Composition: Members are elected by various bodies including legislative assembly members, graduates, teachers, and local authority members, along with some nominated by the Governor.
- Term: Permanent body with one-third of its members retiring every two years.
Functioning and Conduct of Business
1. Sessions
- Parliament:
- Three sessions: Budget Session (February-May), Monsoon Session (July-September), and Winter Session (November-December).
- State Legislatures:
- Sessions vary by state but generally follow a similar pattern to Parliament.
2. Conduct of Business
- Presiding Officers:
- Lok Sabha: Speaker and Deputy Speaker.
- Rajya Sabha: Vice President of India (Chairman) and Deputy Chairman.
- Legislative Assembly: Speaker and Deputy Speaker.
- Legislative Council: Chairman and Deputy Chairman.
- Procedures:
- Business is conducted according to the rules and procedures laid down for each house.
- Includes Question Hour, Zero Hour, debates, motions, and passing of bills.
Powers & Privileges
1. Parliament
- Legislative Powers:
- Union List: Exclusive power to legislate on matters of national importance.
- Concurrent List: Power to legislate on matters where both Parliament and state legislatures can make laws.
- Residuary Powers: Authority to legislate on matters not enumerated in the State or Concurrent Lists.
- Financial Powers:
- Budget and financial bills must be approved by Parliament.
- Rajya Sabha has limited power in financial matters; Lok Sabha has the final say.
- Amendment Powers:
- Can amend the Constitution under Article 368.
- Judicial Powers:
- Impeachment of the President, removal of judges, and other high officials.
2. State Legislatures
- Legislative Powers:
- State List: Exclusive power to legislate on matters of state importance.
- Concurrent List: Share power with Parliament to legislate.
- Financial Powers:
- State budgets and financial bills must be approved by the Legislative Assembly.
- Judicial Powers:
- Removal of certain state officials, impeachment of the Governor (in some cases).
Issues Arising Out of These
1. Frequent Disruptions
- Cause: Political opposition, contentious issues, or strategic stalling.
- Impact: Loss of legislative time, delayed passage of important bills, reduced productivity.
2. Hung Parliaments/Assemblies
- Cause: No clear majority post-elections.
- Impact: Political instability, frequent elections, coalition governments with possible policy paralysis.
3. Use of Money and Muscle Power
- Cause: Electoral malpractices, influence of criminal elements in politics.
- Impact: Erosion of democratic values, compromised integrity of elected bodies.
4. Ineffective Legislative Oversight
- Cause: Dominance of the executive, lack of adequate scrutiny.
- Impact: Poor accountability, unchecked executive power, inadequate policy implementation.
5. Centralization of Power
- Cause: Strong central government, weakening of state autonomy.
- Impact: Federal tensions, undermining the spirit of cooperative federalism.
6. Lack of Resources and Capacity
- Cause: Limited financial and administrative resources.
- Impact: Inefficiency in law-making, inadequate research and policy support for legislators.
