The Indian Constitution establishes a complex system of governance, balancing power between the legislature and the executive at both the Union and State levels. Understanding how these bodies function and interact is essential for grasping the workings of Indian democracy. This post explores the composition, powers, and functions of the Union and State Legislatures, the privileges of their members, the Anti-Defection Law, and the roles of the President, Governor, and their respective councils of ministers.
UNIT – I:
Legislature under the Indian Constitution• Union and State Legislatures - Composition, Powers, Functions
• Privileges of the members of legislature; Privileges and Fundamental Rights
• Anti-Defection Law – X Schedule
Executive under the Indian Constitution
• President and Union Council of Ministers• Powers and functions of the office of the President
• Governor and State Council of Ministers – Dual capacity of the Governor
• Powers and functions of the Governor
Composition and Powers of the Union and State Legislatures
India follows a bicameral legislature at the Union level, consisting of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Most states have a unicameral legislature, but a few maintain a bicameral system with a Legislative Assembly and a Legislative Council.
1. The Legislature: Union vs. State
The Indian Constitution provides for a Bicameral legislature at the Union level and a choice of Unicameral or Bicameral at the State level.
| Feature | Union Legislature (Parliament) | State Legislature |
| Composition | President, Lok Sabha (Lower), Rajya Sabha (Upper). | Governor, Legislative Assembly (Vidhan Sabha), Legislative Council (Vidhan Parishad - in 6 states). |
| Membership | Elected by people (LS) and State Assemblies (RS). | Elected by people (Assembly) and specific electorates (Council). |
| Powers | Legislates on Union & Concurrent Lists; Residuary powers. | Legislates on State & Concurrent Lists. |
| Functions | Law-making, controlling executive (Whip/No-confidence), Budget approval. | Law-making for State, approving state budget. |
Union Legislature
- Lok Sabha: Members are directly elected by the people of India. It is the primary legislative body responsible for making laws on subjects in the Union List.
- Rajya Sabha: Members are elected by the elected members of State Legislative Assemblies and by the President for nominated members. It represents the states and serves as a revising chamber.
State Legislature
- Legislative Assembly (Vidhan Sabha): Directly elected members who legislate on state subjects.
- Legislative Council (Vidhan Parishad): Present in some states, members are elected by various constituencies including local bodies, teachers, and graduates.
Powers and Functions
Both Union and State Legislatures have the power to:
- Make laws on subjects listed in the Union, State, and Concurrent Lists.
- Control the executive through motions, questions, and debates.
- Approve budgets and expenditures.
- Amend the Constitution (in certain cases).
The Lok Sabha holds greater power in financial matters and confidence motions, while the Rajya Sabha acts as a check on hasty legislation.
Privileges of Members of Legislature and Their Relationship with Fundamental Rights
Members of the legislature enjoy certain privileges to ensure they perform their duties without undue interference. These include:
- Freedom of speech within the house, allowing members to speak freely during sessions without fear of legal action.
- Immunity from arrest in civil cases during the session and 40 days before and after.
- Exemption from jury service and attendance as witnesses in courts.
These privileges protect legislative independence but must be balanced against citizens’ fundamental rights. For example, freedom of speech in the legislature does not extend to defamatory or unlawful speech outside the house.
The Anti-Defection Law and the Tenth Schedule
The Anti-Defection Law, introduced through the Tenth Schedule of the Constitution in 1985, aims to curb political defections that destabilize governments. It disqualifies elected members if they:
- Voluntarily give up membership of their political party.
- Vote or abstain from voting contrary to party directives without prior permission.
This law strengthens party discipline but has also faced criticism for limiting legislators’ freedom to dissent. The Speaker or Chairman of the house decides on disqualification cases, which sometimes raises concerns about impartiality.
The President and the Union Council of Ministers
The Executive: President & Governor
Both are "Nominal Heads," while the Prime Minister and Chief Minister are "Real Heads."
| Power Category | President (Art. 52–78) | Governor (Art. 153–167) |
| Executive | All executive actions of the Union are in his name. Appoints PM, Ministers, AG, CAG. | All state executive actions in his name. Appoints CM, Ministers, Advocate General. |
| Legislative | Summons/Prorogues Parliament; Promulgates Ordinances (Art. 123). | Summons/Prorogues State Assembly; Promulgates Ordinances (Art. 213). |
| Financial | Money Bills require his prior recommendation. | Money Bills require his prior recommendation. |
| Judicial | Pardoning Power (Art. 72): Can pardon death sentences and court-martial. | Pardoning Power (Art. 161): Cannot pardon death sentences (only suspend/commute). |
| Veto Power | Can return a bill once (Suspensive Veto) or use Pocket Veto. | Can return a bill OR reserve it for the President. |
The President of India is the constitutional head of the executive at the Union level. Though largely a ceremonial figure, the President holds important powers:
- Summoning and proroguing Parliament.
- Assenting to bills passed by Parliament to become law.
- Appointing the Prime Minister and other ministers.
- Promulgating ordinances when Parliament is not in session.
- Granting pardons and reprieves in criminal cases.
The real executive power lies with the Council of Ministers, headed by the Prime Minister. This council is collectively responsible to the Lok Sabha and exercises day-to-day governance.
Governor and State Council of Ministers: The Governor’s Dual Role
The Governor acts as the constitutional head of a state, appointed by the President. The Governor’s role is unique because it combines ceremonial duties with discretionary powers.
Powers and Functions of the Governor
- Summoning and dissolving the State Legislative Assembly.
- Appointing the Chief Minister and other ministers.
- Giving assent to bills passed by the state legislature.
- Reserving certain bills for the President’s consideration.
- Using discretionary powers in situations like hung assemblies or constitutional crises.
Dual Capacity of the Governor
The Governor acts both as:
- A representative of the Union government, ensuring state compliance with the Constitution.
- The constitutional head of the state government, working with the elected Council of Ministers.
This dual role sometimes leads to tensions, especially when the Governor’s actions are perceived as politically motivated.
Final Thoughts
The Indian Constitution establishes a detailed framework that allows for effective governance through its legislative and executive branches. Understanding the operations of the Union and State legislatures, along with the roles of the President and Governors, is vital for appreciating how democracy functions in India.
The privileges granted to legislators, the Anti-Defection Law, and the dual role of the Governor illustrate the complexities of India’s political systems. As India evolves, staying informed about these legislative and executive intricacies fosters active participation and reinforces democracy, ensuring that citizens can engage meaningfully in the democratic process.
.jpg)
0 Comments