Legislature under the Indian Constitution
The frameworks of the Indian Legislature and Executive systems are not just structural; they are essential to the functioning of democracy in India. Enshrined in the Constitution, these systems define how laws are made, how powers are executed, and how citizens are represented. Understanding these mechanisms is crucial, as they shape the daily lives of over 1.4 billion people. Dive in as we unravel these important aspects, shedding light on how everything fits together within India's legal and democratic framework.
The Indian Legislature
Union Legislature
The Union Legislature, known as the Parliament of India, has two primary houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
Composition
Lok Sabha: This house includes members elected directly by the people. It can have up to 552 representatives, and each serves a term of five years. In the 2019 elections, over 900 million voters participated, demonstrating the vibrant democratic engagement in the country.
Rajya Sabha: This house is composed of a maximum of 250 members. It represents the states with 238 members elected by legislative assemblies and 12 appointed by the President for their expertise in various fields.
Powers and Functions of the Union Legislature
The Union Legislature holds significant authority in governance, including:
- Legislative Powers: Parliament can make laws on subjects specified in the Union List of the Seventh Schedule. For example, laws related to defense and foreign affairs fall into this category.
- Financial Powers: The Lok Sabha has exclusive rights to initiate money bills, and it manages the national budget, which was set at INR 39.45 trillion for 2023-2024, emphasizing fiscal responsibility.
- Control Over the Executive: Parliament exercises control over the executive through mechanisms like question hours, debates, and no-confidence motions, ensuring accountability.
Union and State Legislatures: Composition, Powers, Functions
Union Legislature (Parliament) consists of:
- President
- Rajya Sabha (Council of States) – Upper House
- Lok Sabha (House of the People) – Lower House
State Legislature
The State Legislature operates similarly and consists of the Vidhan Sabha (Legislative Assembly) and, in some states, the Vidhan Parishad (Legislative Council).
Composition
- Vidhan Sabha: This assembly can have up to 500 elected members who serve five-year terms. In states like Uttar Pradesh, over 200 million voters determine their representatives.
- Vidhan Parishad: Present in some states, it holds a maximum membership of 75, including both elected and nominated members.
- State Legislature (for states with bicameral legislature):
- Governor
- Legislative Council (Vidhan Parishad) – optional, in some states
- Legislative Assembly (Vidhan Sabha) – compulsory
Powers and Functions of the State Legislature
The State Legislature has critical responsibilities, including:
Legislate on State Matters: It makes laws on subjects in the State List and Concurrent List, covering issues like education and public health that directly affect citizens' lives.
Financial Powers: Similar to the Union Legislature, it regulates state budgets and fiscal policies, focusing on local governance.
Executive Control: The State Legislature can scrutinize and influence the State Executive by calling for explanations on policies and actions.
Powers & Functions:
Legislation: Making laws on subjects in Union List (Parliament), and State List (State legislatures).
Control over Executive: Through question hour, motions, and no-confidence motions.
Financial Powers: Passing the budget, money bills.
Electoral Function: Participates in the election of the President and Vice-President.
Amending the Constitution (in some cases requires ratification by states).
Privileges of the Members of Legislature
Members enjoy specific privileges to support their governance role:
Parliamentary Privilege: They can speak freely in legislative assemblies without the risk of legal consequences, which encourages open debate.
Exemption from Jury Service: While engaged in legislative duties, they are exempt from being called for jury service, allowing them to focus on their official responsibilities.
Privileges of the Members of Legislature; Privileges and Fundamental Rights
Privileges:
Freedom of Speech in legislature.
Immunity from legal proceedings for anything said or voted in the House.
Freedom from arrest in civil cases during session and 40 days before/after.
Conflict with Fundamental Rights: Privileges are not subject to Fundamental Rights. However, the courts can intervene if legislative privileges violate the basic structure or are used arbitrarily (as per the Supreme Court rulings).
Privileges vs. Fundamental Rights
While the privileges of legislators enable their functioning, individuals' fundamental rights, outlined in Part III of the Constitution, play a crucial role in protecting citizens. Rights such as freedom of speech and protection against discrimination are essential checks on legislative power.
Anti-Defection Law – Tenth Schedule
The Anti-Defection Law, introduced by the 52nd Amendment in 1985, aims to prevent elected representatives from switching parties after taking office. It is essential for maintaining political stability.
Key Provisions: A legislator can be disqualified for voluntarily leaving their party or joining a new one after the election. Certain exceptions apply, such as splits in parties, which reflect the law's complexity.
Anti-Defection Law – X Schedule
Added by: 52nd Amendment Act, 1985.
Objective: To prevent political defections motivated by office or other benefits.
Key Provisions:
A legislator is disqualified if they voluntarily give up membership of their party or vote/abstain against party whip without prior permission.
Exceptions:
Merger of political parties (2/3rd members agreeing).
Decision Authority: Speaker/Chairman (subject to judicial review post Kihoto Hollohan case, 1992).
The Executive under the Indian Constitution
The President of India
The President serves as both the ceremonial head of state and the highest executive authority within the constitutional framework.
President and Union Council of Ministers
President: Nominal head; elected indirectly by an electoral college.
Union Council of Ministers: Headed by the Prime Minister, who is the real executive.
Article 74: There shall be a Council of Ministers to aid and advise the President.
Powers and Functions of the Office of the President
Executive Powers: They appoint the Prime Minister, other ministers, and governors. For example, the President has appointed 20 governors across various states to oversee local administrations.
Legislative Powers: The President summons and prorogues Parliament sessions. In 2022, the President summoned Parliament for 16 sessions, ensuring timely legislative work.
Judicial Powers: They can grant pardons under Article 72, impacting justice for various individuals, including well-known cases involving death penalties in India.
Powers and Functions of the President
Executive Powers: Appointments (PM, Governors, Judges, etc.), administration.
Legislative Powers: Summons and dissolves Parliament, addresses first session, assents to bills.
Judicial Powers: Can grant pardons, reprieves, respites (Article 72).
Emergency Powers: National, State, Financial emergencies (Articles 352, 356, 360).
The Union Council of Ministers
Led by the Prime Minister, this council advises the President and plays a crucial role in governance.
Collective Responsibility: The Council must maintain the confidence of the Lok Sabha. In 2021, Prime Minister Modi’s government won 353 out of 543 Lok Sabha seats, showcasing significant public confidence.
Decision-Making: It formulates national policies and strategies executed under the President’s authority.
The Governor of the State
The Governor acts as the President's representative at the state level, with key legislative and executive roles.
Dual Capacity of the Governor
Constitutional Head: As the nominal head of the state, the Governor acts on the advice of the Council of Ministers.
Agent of the Centre: They also mediate between the state and central governments, especially during crises, ensuring stability within the state’s governance.
Powers and Functions of the Governor
The Governor's role encompasses several areas, including:
Legislative Functions: They summon and prorogue state legislatures. For instance, in Maharashtra, the Governor prorogued sessions last year to address urgent legislative matters.
Executive Functions: The Governor appoints the Chief Minister and other ministers and oversees state administration.
Judicial Powers: Similar to the President, governors can grant pardons or commute sentences under certain conditions, impacting hundreds of cases annually.
Similar to the President, but at the state level:
Executive: Appoints Chief Minister, Council of Ministers, state officials.
Legislative: Summons, prorogues, dissolves state legislature; assents to bills.
Judicial: Can grant pardons (limited to state law matters).
Discretionary Powers: Especially in hung assemblies, recommending President's Rule, etc.
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.
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