The Legislature: Parliament- GOALSOFPOLITY

Introduction:

The legislature is one of the most important institutions in any democratic system. It is the organ of government responsible for making laws, ensuring accountability and shaping policies that affect the lives of the people. In a nation with a parliamentary system of government, the supreme legislative body is called the Parliament. It represents the collective voice of the people and serves as a forum where national issues are debated and resolved.

Parliament is often called the soul of democracy as it reflects the will of the people through its elected representatives. It not only makes laws but also exercises oversight over the executive, protects the rights of citizens and ensures that governance functions in accordance with constitutional principles. Thus, Parliament serves as the guardian of democracy, a forum for accountability and a platform for the expression of people’s aspirations.

Meaning of Legislature:

Legislature refers to the branch of government that is empowered to make, amend and repeal laws. It is derived from the Latin words legis (law) and latum (to carry), meaning “to carry or bring about law.” In a democracy, it has a dual role: it symbolizes the sovereign power of the people and ensures that no other branch of government encroaches upon its powers.

Without the legislature, governance would lack transparency and representation. The legislature ensures that laws are not imposed by force, but are made through discussion, debate, and consensus.

The idea of Parliament:

Parliament is a specific form of legislature that exists in countries with a parliamentary system of government. Unlike other systems where a single ruler or executive dominates, parliament acts as a collective body that exercises authority on behalf of the people.

Parliament performs three major functions:

1. Representation – It reflects the opinions, needs, and aspirations of citizens.

2. Legislation – It makes and passes laws to govern society.

3. Accountability – To prevent abuse of power, it controls and regulates the government.

Structure/Composition of Parliament in India:

In India, the Parliament is a bicameral legislature, i.e. it has two houses including the President:

a. Lok Sabha (House of the People)

• The directly elected house of the Parliament.
• Through general elections, citizens elect members (MPs).
• Directly represents the people of India.
• Maximum number of members: 552 (530 from states, 20 from union territories and 2 nominated by the President).

b. Rajya Sabha (Council of States)

• The upper house of the Parliament.
• State legislative assemblies and union territories elect members.
• Represents the states in a federal system.
• Maximum strength: 250 (238 elected, 12 nominated by the President).

c. President of India

• An integral part of the Parliament.
• Convokes, prorogues and dissolves the Lok Sabha.
• It gives its assent to bills passed by both Houses before they become law.

This structure ensures a balance between the representation of the people and that of the states and combines both democratic and federal principles.

Powers and Functions of Parliament:

The Parliament performs a variety of functions that make it the most powerful body in a democratic system. Its functions can be classified into the following categories:

1. Legislative Function:

• Its main function is to make laws on subjects mentioned in the Union List and Concurrent List of the Constitution.
• It can make changes to existing laws, adopt new laws and repeal old laws.
• Bills are introduced, debated and passed in both the Houses before they become law.

2. Financial Function:

• The Parliament manages the country’s finances.
• Without the consent of the Parliament, the government is unable to levy or collect taxes.
• The annual budget is presented in the Lok Sabha, debated and passed before the money is spent.
• Ensures accountability in the use of public funds.

3. Control over the Executive:

• The Parliament uses procedures such as Question Hour, Zero Hour, motions and debates to hold the government accountable.
• The Lok Sabha can remove the government by passing a no-confidence motion.
• The ministers are collectively responsible to the Parliament.

4. Constitutional Amendment:

• The Parliament has the power to amend the Constitution.
• There are different procedures for simple, special and state-approved amendments.
• This ensures flexibility while preserving the basic structure of the Constitution.

5. Judicial Function:

• The Parliament can impeach the President of India.
• It has the power to dismiss judges of the Supreme Court and High Courts who have displayed misconduct or incapacity.
• It also punishes members for breach of privilege or contempt.

6. Electoral Function:

• The Parliament selects the President and the Vice-President.
• The Rajya Sabha and the Lok Sabha together elect the Vice-President.

7. Deliberative Function:

• Provides a forum for open discussion on national issues.
• Debate on policies, social concerns, international relations and matters of public interest.
• Encourages diverse viewpoints, ensuring that decisions are not one-sided.

Role of Lok Sabha:

• Directly represents the public.
• Exercises more control over financial matters, including passing money bills.
• Can dismiss the government through a no-confidence motion.
• Passes most bills, especially those relating to finance.

 Role of Rajya Sabha:

• Represents the states and union territories.
• Acts as a revising house, ensuring that laws passed are carefully reviewed.
• Cannot be dissolved, thus providing continuity.
• Contributes to protecting federal interests, especially when it comes to matters affecting the states.

Importance of Parliament:

a. Symbol of democracy – reflects people’s participation in governance.

b. Voice of the public – ensures representation of diverse communities and regions.

c. Check on government power – prevents concentration of power in the executive.

d. Nation-building – promotes unity by representing both the people and the states.

e. Transparency and debate – makes government policies open to public scrutiny.

Limitations and Challenges:

• Frequent disruptions in parliamentary sessions reduce their effectiveness.
• Delays in lawmaking due to political differences.
• Partisanship often overrides national interest.
• Low attendance and participation of members in debates.
• Dependence on the executive, as the ruling party usually dominates Parliament.
• Despite these difficulties, Parliament remains the cornerstone of democratic governance.

Relationship between the two Houses:

Although the two Houses of Parliament function collaboratively, certain differences still exist between them. The Lok Sabha has greater powers in financial matters, and the Rajya Sabha plays a revisionary role, ensuring representation of the interests of the states. In case of a deadlock between the two Houses, a joint sitting may be convened under the chairmanship of the Lok Sabha Speaker to resolve the issue.

Conclusion:

Parliament, as the supreme legislative body, plays a vital role in maintaining democracy, ensuring accountability, and safeguarding constitutional values. It is the institution where laws are made, financial matters are scrutinised and policies are debated in the interest of the public. By representing both the citizens and the states, it represents the essence of democracy and federalism.

Although challenges exist, strengthening the functioning of Parliament through transparency, active participation and responsible behaviour of its members will ensure that it continues to act as the true voice of the people and the guardian of the Constitution.

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