Legislature, Parliament, Loksabha, Rajyasabha

Legislature
(Parliament-Loksabha, Rajyasabha)
Dr. A N Rao
Professor

Introduction
▪ The legislature occupies an important place in modern State. It is regarded as
the most important organ of the government. The legislature represents the
general will of the people in the democratic system. The legislature is that
organ of the government, which is primarily concerned with the function of
making laws.
▪ It provides a basis for the working of the executive and the judiciary. Unless
laws are made, the question of enforcing them or interpreting them does not
arise. Thus, it can be said that the executive and the judicial organ cannot
function without the legislature
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3
Leadership
President Ram Nath Kovind
since 25 July 2017
Chairman of the Rajya Sabha Venkaiah Naidu
since 11 August 2017
Deputy Chairman of the Rajya Sabha Harivansh Narayan Singh, JDU
since 14 September 2020
Leader of the House
(Rajya Sabha)
Thawar Chand Gehlot, BJP
since 11 June 2019
Leader of the Opposition
(Rajya Sabha)
Ghulam Nabi Azad, INC
since 8 June 2014
Speaker of the Lok Sabha Om Birla, BJP
since 19 June 2019
Deputy Speaker of the Lok Sabha Vacant
since 23 May 2019
Leader of the House
(Lok Sabha)
Narendra Modi, BJP
since 26 May 2014
Leader of the Opposition
(Lok Sabha)
Vacant (Since 26 May 2014, No party has 10%
Seats)

Meaning of legislature (Parliament)
▪ Meaning of the word ‘Parliament’ -- is a word derived from the French
expression parlement which means ‘speaking’, and Latin word ‘parliamentum’
which means ‘talking. It has come to mean ‘meeting for discussion’. Or talking
Shop where we can discuss national and international issues.
▪ Different Names of Legislature: In India Parliament is known as Sansad. Other
nations have their own names viz. Diet in Japan, Congress in US, Parliament in
UK, Knesset in Israel.
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LEGISLATURE
Uni-Cameral
(One Chamber/ House)
▪ If the Parliament (National
Assembly) has only one
chamber, it is known as Uni-
Cameral Legislature .
▪ Examples : Greece, Finland,
Denmark, Sweden, Sri Lanka
& etc.
Bi –Cameral
(Two chambers / Houses)
▪ If the Parliament (National
Assembly) has two chamber,
it is known as Bi-Cameral
Legislature.
▪ Examples: India, U.K., U.S.A.
Afghanistan, Pakistan, etc.
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Unicameral Legislature
▪ The word 'uni' means one and 'cameral' means chamber. Unicameral
legislature means one chamber or house. A legislature with one chamber is
called as Unicameral legislature.
▪ In 18th and 19th century Unicameral legislature was very popular. The
advocates of unicameralism felt that, sovereignty which rests with the people
is indivisible.
▪ The will of the people could be expressed through the legislative house. Thus,
the concept of popular sovereignty demanded the establishment of a single
chamber consisting of members expressing the will of the people and their
hopes and aspirations.
▪ Unicameral legislature is now in practice in Greece, Turkey, Finland, Ethiopia,
Portugal, Bangladesh, New Zealand, Denmark, Sweden, Yugoslavia, Bulgaria
etc.
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Merits of Unicameral Legislature
▪ Less expensive : Unicameral legislature is less expensive. As there is
only one chamber in the legislature, less amount of money is spent
towards its maintenance and payment of allowances to the legislatures.
▪ No Duplication of work: There is no chance of duplication of work in
Unicameral legislature. Once a bill is passed in this chamber, there is no
chance again for re-discussion. Every bill will be passed after through
discussion at one time.
▪ Progressive legislation : Unicameral legislature provides for
progressive legislation, because this legislature is constituted on the
basis of direct elections. Its members reflect and represent public
opinion. Hence, the laws enacted by them are approved and obeyed by
the people as they are progressive.
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▪ Quick legislation : Because of Unicameral legislation, there
is legislation. If the second house exists, it may act as a
break on progressive legislation.
▪ Simple structure :'Since there is only one house,
Unicameral legislation is simple in form and structure.
Responsibility in this system can be easily and definitely
located. Unicameralism is best suited to the needs of
modern State.
▪ Checks on Despotic tendencies: In Unicameral legislation,
despotic tendencies of the executive are effectively
controlled
10

Demerits of Unicameral Legislature
▪ Hasty legislation : Unicameral legislation may provide scope for quick
legislation. It may produce hasty, radical, ill-considered and rash legislation.
▪ No Re-thinking : No provision is made for second thought in this system.
Emotions, impulses and high passions may influence the making of legislation.
▪ Legislative dominance : Legislative dominance or despotism is possible
particularly when it is under a control of a single political party having a
overwhelming majority.
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Demerits of Unicameral Legislature
▪ Political instability : Due to absence of moderation and
second thought, the government may face the danger of
changing frequently because of unpopular legislation.
▪ Unequal representation: In the unicameral legislature,
representation is given in proportion to the population,
which makes it difficult for the minorities and special
interests to get their due say in public Offices.
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Bicameral Legislature
▪ 'Bi' means two, 'cameral' means chamber or house. Bicameral
legislature means two chambers or two houses.
▪ Lower house is called the First House and the Upper house is called the
Second House. America, Britain and India are the classic examples of
bicameral legislature.
▪ In England, Bicameral legislature has been developed according to the
historical evolution.
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Merits of Bicameral Legislature
▪ Prevents despotism of a single house : A bicameral legislature is a safeguard
against the despotism of a single chamber legislature. If there are two houses,
one can act as a check on the other.
▪ Check on hasty legislation : Bicameral legislature serves as a check upon hasty,
rash and ill-considered legislation. The second chamber can remove the defects
while revising the bills.
▪ Reduces burden of legislature : Bicameral legislature reduces the burden of
legislation. If there is second chamber, then it reduces the burden of legislation
of the first chamber.
15Cont…

Merits of Bicameral Legislature Cont.…d
▪ Representation of different interests : Bicameralism provides a convenient
means of giving representation to different groups and interests. Distinguished
people in the field of arts, science, literature and minorities can be nominated.
▪ Possibility of detailed discussion : In bicameralism there is a possibility of
detailed discussion. Generally, the membership of the second chamber is
limited. So, it can be discussed the bills in detail before it is enacted.
▪ Less Politicized: As the member of second chamber are nominated, they
represent the intellectuals and they work without biases of political affinities.
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Merits of Bicameral Legislature Cont.…d
▪ Essential for federation : Bicameralism is essential for all the federal States. The
Lower House represents the people and the Upper House represents the States.
The Lower House stands for natural principle, while the Upper House stands for
federal principles.
▪ Perfect and sound laws : Bicameral legislatures enables fie legislatures to make
perfect and sound laws. It helps to correct the errors committed by the Lower
House.
▪ Conservative attitude: Bicameral legislature is having conservative attitude. The
members of this house are generally aged and experienced. They can prevent quick
legislations 17

Demerits of Bicameral Legislature
▪ Superfluous and unnecessary : If the second Chamber always agrees with the first chamber, second
chamber is superfluous. If it disagrees, it is mischievous. According to Bentham, the second chamber is
needless, useless and worse than useless.
▪ Prevention of hasty legislation : If there is one chamber, the opposition parties are there to prevent
hasty legislation. For that purpose, there is no need of bicameral legislation.
▪ Creation of deadlocks: If there are two houses, they may fight for supremacy. In such cases, the
legislation is too delayed. If two houses are dominated by two different political parties, it results in
frequent conflicts and deadlocks.
▪ Highly wasteful : As bicameralism is very expensive, it is highly wasteful. There is lot of expenditure in
the form of salaries, maintenance and allowances.
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Demerits of Bicameral Legislature
▪ Anti-democratic : As the member of second chamber are not directly elected, it
is against the principle of democracy. They do not hold any kind of responsibility
to the people. They are not representing the interest of the people.
▪ No essential in federalism : The interest of the States can be protected by the
members of the Lower House, political parties and independent judiciary.
▪ Conservative and representation of vested interests : Second chambers are
citadel of conservation. They oppose radical reforms and prevent the progress
of the nation.
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Distinction between
Unicameral &
Bicameral Legislature
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Distinction between
Unicameral & Bicameral Legislature
Unicameral
1. Responsibility is located.
2. Hasty legislation.
3. Leads to despotism.
4. There is no delay in legislation.
5. No occasion for legislative deadlocks.
6. No duplication of work
7. Few countries are following Unicameral.
8. Work load is heavy.
9. Economy of national expenditure.
10. No scope for representation to minorities
and other interests.
Bicameral
1. Responsibility is divided.
2. Checks on hasty legislation.
3. Checks the despotism.
4. Delay in legislation.
5. Occasion for legislative deadlocks.
6. Duplication of work.
7. Many countries are following Bicameral.
8. Reduces the work load.
9. Higher expenditure .
10. Scope for representation to minorities
and other interests
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Nature of Legislature
▪ U.K.
▪ Unitary
▪ (Parliament)
▪ India
▪ Quasi federal
▪ (Parliament)
▪ U.S.A.
▪ Federal
▪ (Congress)
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Indian Parliament Lok Sabha
(House of People)
▪ Lower House.
▪ Mother of Indian Executive.
▪ Member : 552= (530+20+2) (At present
545)
▪ Tenure : 5 years.
▪ Dissolved at any time by President.
▪ Reservation for SC /ST/Anglo Indian
community.
▪ No reservation for OBC & Women.
▪ Direct election.
Rajya Sabha
(Council of States)
▪ Upper / State House.
▪ Member: 245= (233+12) (AT Present :
245)
▪ Permanent House. (Not dissolved by
President)
▪ Tenure of members is six years. (1/3 of
its embers retire every two years)
▪ No reservation for SC/ST/ Anglo Indian
community.
▪ No equal Representation to the State.
▪ Indirect election.
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