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LEGISLATURE
LEGISLATURE
making.
2)’Legg’ Means law and ‘lature’ means place.
3)It is also known as Parliament which has been derived from a French word parle which
means to talk or to discuss or to deliberate.
4)Legislation has the power to make, amend or repeal any law. it is an integral and
inseparable part of every democratic government.
5)It is a body of representatives which is directly elected, active and powerful people. It acts
as a mirror of public opinion.
“ it is the legislature which formulates the will of the state into laws and vests these
with legality and legitimacy. "
Functions of Legislature:
1) law making function-
The first and foremost function of Legislature is to legislate that is, to make laws. legislature
is the chief source of law. It is always described as the organ of government which is
concerned with law making. legislature processes the demands of the people into
authoritative law statutes and public policies. the authoritative values (laws, rules and
policies) made by the legislature by the entire society. all the people are bound by legislative
statutes. laws made by the legislature are known as statutes or act.
6)electoral functions-
each legislative reforms some Electoral functions. The two houses of Indian Parliament elect
the vice president And elected members from both the houses form part of the electoral
college which elects the President of India. members of Lok Sabha elected one of their
members as speaker and other as deputy speaker. in Switzerland, Federal assembly
election members of Federal Council and Federal Tribunal. in US, when in presidential
election, no candidate gets the required absolute majority of votes in presidential electoral
college, US HOR elects one of the top three candidates (on the basis of votes polled by
them) as the next President of US.
7)judicial functions:
It is customary to West the legislature with some judicial powers. the legislature is usually
assigned the role to act as a court of impeachment,i.e., legislature acting as an investigating
court and trying high public officials on charges of treason, misdemeanor and high crimes.
Example Congress in the US has the power to conduct impeachment proceedings against
the president, vice president, chief justice and other charges of the Supreme Court. In India,
either of the two houses of union Parliament can press an impeachment charge for
impeachment of the president. If Loksabha preferred the charge, and Rajya Sabha sits as
trial court and vice versa, the impeachment succeeds when the investigating house passes
resolution by 2/3rds majority that charge has been sustained. Indian Parliament has the
power to move for removal of judges of supreme court and of High Court on Grounds of
proven misbehaviour and incapacity for resolution for such removal must be passed by a
2/3rds Majority in each house. It is only Then that the President of India can remove the
concerned judge.
2)Suitability:
unicameral legislature- it is found mostly in small states.
bicameral legislature- it is found in a large number of big States
3)Mode of election:
Unicameral legislature-Directly elected.
bicameral legislature- the first house is usually called the lower house and is constituted by
the directly elected representatives of the people of the state, and the second house (called
Upper house) is mostly constituted for equal representation of all states and are indirectly
elected.
4)Functions:
Unicameral legislature-
1) public opinion and popular will is represented.
2) prevents dealer in legislation
3) special interests are represented.
4) it eliminates the chances of ill considered and hasty legislation.
Bicameral legislature-
1)it is an essential means for safeguarding ourselves against the arbitrariness of the
Legislature with a single chamber.
2) it prevents the mistake of passing ill considered measures in a Haste with a view to satisfy
mass passions and demands.
3) performs the role of a revisor.
4)Two houses can together share the legislative work and handle the entire work
systematically.
5) the two houses better represent public opinion.
6) it ensures equal representation to all units and helps the crystallization of public opinion
on all bills before they become laws.
5)example:
Unicameral legislature-Eg-China, Turkey, Portugal, Zimbabwe, New Zealand.
Bicameral legislature- Eg- India, USA, UK, France, Canada.Basically democratic countries
like Germany, Switzerland, Italy,Japan and others.
2) Long tenure-
Senators have a long tenure of six years. One elected, the senate remains in office for six
years. A HOR member has a tenure of only two years. The longer tenure and convention of
re-electing the able and efficient senators together provide a good opportunity for them to
understand and carry out the work effectively on securing their interests or wishes through
necessary legislation.
3) quasi-permanent character-
The Senate is a quasi-permanent body and ever continuing house of Congress. It never gets
dissolved as a whole. Only one third members are elected after every two years. The 2/3
members continue as before. No other American institution has an ever continuing character
as has been the case of the Senate. The long tenure and continuity of presents is a source
of experience for the senators and efficiency for the Senate.
4) Direct election-
Since 1913, senators have been directly elected by the people of each State of the US
Federation. All of them together elect their two senators. Replacement of initially followed
indirect method by a direct election has strengthened greatly the popularity base of the
Senate. Increased popularity has been a source of increased popular faith in the Senate. It
has considerably increased the influence of the Senate upon the people. Direct election of
one third of the senators after every two years keeps the Senate responsive and responsible
to the public opinion.
7) solidarity of state –
It has been an important element in maintaining and increasing the power and influence of
the Senate. Irrespective of their party affiliations, senators acted unitedly and steadfastly to
maintain and exercise the power and authority of the Senate in the US constitutional system.
Practice of senatorial courtesy simply reflects this unity and solidarity. This consciousness in
favour of mutual respect and unity has helped the Senate to act decisively in exercising its
role in the system and has considerably strengthened its position.
WHAT ARE THE VARIOUS WAYS IN WHICH LOK SABHA KEEPS CONTROL OVER
EXECUTIVE?
3) investigation committee –
The legislature can constitute investigation committees for investigating any matter of
serious concern pertaining to the actions of the government. Any adverse report of any
investigation committee can cause the fall of the government. The executive has to place all
facts and records before such a legislative committee as well as to answer all its queries.
5) audit-
Audit is the watchdog of administration. It is used to check the financial dealings and
accounts of the executive departments. Audit reports always form the basis for a legislative
action against the executive. They keep a watch on legislators on how they are spending the
collected taxes and in which field. It keeps a Record of all economic transactions.
COMPARISON OF:
EXECUTIVE It has an extensive role in the HOR does not have an important
POWERS exercise of Executive role in exercising the executive
powers in fact the life and powers. It can only form
death of the cabinet ( investigation committees for
EXECUTIVE)is decided investigating the work of various
by the Lok Sabha. the Lok government departments.
Sabha keeps various
check on the executive by
asking questions and
criticizing policies. it can
pass various motions like
adjournment motion, call
attention motion , cut
motions, censure motion,
and no confidence
motion(Pg 62).Executive
survives at the will of Lok
Sabha.