Class 11 Polity Chapter 5: Legislature Notes

The Legislature makes laws and represents the will of the people. This chapter examines the structure, functions, and powers of the Indian Parliament (Lok Sabha & Rajya Sabha), the role of MPs, law-making process, and parliamentary committees. It also discusses how legislatures function in democratic governance.




Introduction: Understanding the Legislature

  • The Legislature is the law-making body of the government.
  • It represents the will of the people and ensures accountability of the Executive.
  • In India, the Parliament is the central legislative body, while states have their own legislatures.

Why Do We Need a Legislature?
  • Makes laws for the country.
  • Ensures government accountability.
  • Represents different social and regional groups.
  • Approves the budget and financial policies.



Types of Legislature


Unicameral vs. Bicameral Legislature
Type Description Example
Unicameral Legislature Only one house of Parliament makes laws. China, Sri Lanka.
Bicameral Legislature Two houses of Parliament share law-making powers. India, USA, UK.



The Parliament of India


Structure of the Indian Parliament

The Indian Parliament consists of three parts:

  • President – Ceremonial head who gives assent to bills.
  • Lok Sabha (House of the People) – Directly elected by citizens.
  • Rajya Sabha (Council of States) – Indirectly elected by State Legislatures.

Lok Sabha (House of the People)
Feature Details
Members 543 elected members + 2 nominated (Anglo-Indians till 2019).
Election Process Direct elections (First-Past-the-Post system).
Tenure 5 years (can be dissolved earlier).
Presiding Officer Speaker of Lok Sabha.

Rajya Sabha (Council of States)
Feature Details
Members 245 (elected by MLAs and nominated by the President).
Election Process Indirect elections (Proportional Representation system).
Tenure Permanent (1/3rd members retire every 2 years).
Presiding Officer Vice President of India (ex-officio Chairman).



Functions of Parliament


Legislative Functions (Law-Making Role)
  • Makes new laws and amends existing ones.
  • Approves constitutional amendments.
  • Types of Bills:
    • Ordinary Bill – Deals with general laws.
    • Money Bill – Deals with taxes and government spending (can only be introduced in Lok Sabha).
    • Constitutional Amendment Bill – Changes provisions of the Constitution.

Executive Control (Checking the Government)
  • No-Confidence Motion – If passed, the government must resign.
  • Question Hour – MPs ask ministers questions about policies.
  • Parliamentary Committees – Monitor government actions and expenses.

Financial Functions (Control Over Budget)
  • Approves the annual budget and government spending.
  • Grants money to government departments.
  • Audits government spending (through the Comptroller and Auditor General – CAG).

Judicial Functions
  • Can impeach the President, judges, and high officials.
  • Has the power to remove the Vice President and Chief Election Commissioner.




How a Bill Becomes a Law in India


Stages of Law-Making
Stage Process
First Reading Bill is introduced in Lok Sabha or Rajya Sabha.
Second Reading Bill is discussed, and changes (amendments) can be made.
Third Reading Bill is voted on and passed by the House.
Sent to Other House The second House debates and votes on it.
President’s Assent The President signs the bill, and it becomes a law.



Relationship Between the Executive and Legislature

  • The Executive (Government) is accountable to the Legislature (Parliament).
  • Parliament can remove the government by passing a No-Confidence Motion.
  • In a Parliamentary System (India, UK):
    • The Prime Minister is chosen from Parliament.
    • The Executive is directly responsible to the Legislature.
  • In a Presidential System (USA):
    • The President is separate from the Legislature.
    • The Executive is not directly accountable to the Legislature.



Parliamentary Committees: Strengthening Democracy


Importance of Parliamentary Committees
  • Parliament cannot discuss every issue in detail, so committees examine specific matters.
  • They ensure accountability and transparency in governance.

Types of Parliamentary Committees
Committee Role
Public Accounts Committee (PAC) Audits government expenses (reports by CAG).
Estimates Committee Examines how government money is spent.
Departmental Standing Committees Studies policies of different ministries.
Joint Parliamentary Committee (JPC) Investigates serious issues (e.g., scams).



Challenges in the Functioning of Parliament

Challenge Explanation
Disruptions and Walkouts Frequent protests inside Parliament delay work.
Criminalization of Politics Many MPs have criminal backgrounds.
Money and Muscle Power Rich candidates influence elections unfairly.
Low Women Representation Women have less than 15% representation in Lok Sabha.
Inefficiency in Law-Making Some bills are passed without proper debate.



Conclusion

  • The Legislature is responsible for law-making, government oversight, and budget approval.
  • India has a bicameral Parliament with Lok Sabha (stronger house) and Rajya Sabha (state representation).
  • Parliament ensures executive accountability through debates, motions, and committees.
  • Law-making follows a multi-step process to ensure proper discussion and approval.
  • Parliamentary Committees strengthen governance by ensuring financial and policy oversight.
  • Challenges like disruptions, criminalization, and inefficiency must be addressed to improve Parliament’s effectiveness.



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