Legislature

(Parliament)
Composition, Powers
and Role
Mr. Mahesh Patil
Department of Pre Law
(Political Science)
Narayanrao Chavan Law College, Nanded
Maharashtra,
Cell No: (+91) 9860816313
 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
 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.
 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.
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.

 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
 Demerits of Unicameral Legislature
 Hasty legislation : Unicameral legislation may provide scope for
hasty 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.
 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.
 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.
 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.
 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.
 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 hasty legislations
 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.
 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.
Distinction between Unicameral & Bicameral
Legislature
Unicameral
 Responsibility is located.
 Hasty legislation.
 Leads to despotism.
 There is no delay in legislation.
 No occasion for legislative dead-
locks.
 No duplication of work
 Few countries are following
Unicameral.
 Work load is heavy.
 Economy of national expenditure.
 No scope for representation to
minorities and other interests.
Bicameral
 Responsibility is divided.
 Checks on hasty legislation.
 Checks the despotism.
 Delay in legislation.
 Occasion for legislative dead-
locks.
 Duplication of work.
 Many countries are following
Bicameral.
 Reduces the work load.
 Higher expenditure .
 Scope for representation to
 minorities and other interests
 Legislature

U.K. India U.S.A.

Unitary Quasi federal Federal
(Parliament) (Parliament) (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 543)
▪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: 250= (238+12)
(AT Present : 250)
▪Permanent House.
(Not dissolved by President)
▪Tenure of members is six years.
(1/3 of its members retire every
two years)
▪No reservation for SC/ST/ Anglo
Indian community.
▪No equal Representation to the
State.
▪Indirect election. 18
 U.K. Parliament
House of Commons
▪Lower/House of People.
▪Mother of U.K. Executive.
▪Total Members: 650 .
▪Tenure : 5 Years
▪Members are directly elected by
People.
▪Dissolved at any time by Crown.
House of Lords
▪Upper House
▪Not a mother of Executive.
▪Total Members: 830.
▪Tenure : 5 Years.
▪Members are elected by
hereditary Principle .
▪It is a Permanent Chamber.
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 USA
Congress
House of Representative
▪Lower/House of People.
▪Not a mother of U.S.A .
Executive .
▪Total Members : 435
▪Elected directly by the people.
▪Tenure: 2 years.
Senate
▪Upper House.
▪Not a mother of U.S.A . Executive
▪Total Members : 100.
▪Equal Representation to each state.
▪Tenure: Permanent Chamber.
Tenure of Member is 6 years and
1/3rd of its members retire after
every two years.
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 Power and
functions of
Legislature

Legislative Executive Financial

▪To make Law. ▪To ask question.
▪To pass Budget.
▪To modify Law. ▪To control and
criticize Executive. ▪To debate and
▪To delete Law. discuss on Budget.
▪To reject Bill. ▪To pass No-
confidence motion. ▪To audit and check
▪To debate Bill. accounts.
▪To control National
▪To form Legislative and International ▪To form financial
committees. policies. committees.
▪To ask resignation.

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 Power & functions of
Legislature
(Continued…)
Judicial
▪To control indirectly.
▪To remove the Judges.
▪To control Judicial activity through
executive in some extent.
▪To remove President and Vice
President.
Diplomatic
▪To discuss foreign policy of a
Country.
▪To Give a Shape of foreign
Policy.
▪To discuss bi-lateral issues.
▪To discuss International
Treaties and Agreements. 22
 Questions
 Define Legislature. Explain the power and function of
Legislature.
 What are the merits and demerits of Unicameral and
Bicameral Legislature.