POLITICAL SCIENCE ASSIGNMENT

DEEPIKA DAHIYA
22/0215

Que.What is Legislature and Legislation?

Ans. A legislature is an assembly with the authority to make laws for a political entity such
as a country, nation or city. They are often contrasted with the executive and judicial powers
of government.
Laws enacted by legislatures are usually known as primary legislation. Or a law or set of
laws suggested by a government and made official by the parliament.

The Legislature of the Union, which is called Parliament. It's called the bicameral legislature
because of the presence of two houses. The Indian Parliament consists of two houses,
namely, the Lok Sabha (House of the people) and the Rajya Sabha (Council of States), with
the president of India acting as their head.

Functions of Legislature :-
The Legislative Department is mainly concerned with drafting of all principal legislation for
the Central Government viz, Bills to be introduced in Parliament, Ordinances to be
promulgated by the President, measures to be enacted as President`s Acts for States under
the President's rule and Regulations to be made by the President for Union territories is also
concerned with election Laws namely the Representation of the People Act 1950 and the
Representation of the People Act 1951. In addition it is also entrusted with the task of
dealing with certain matters relating to List III of the Seventh Schedule to the Constitution
like personal law, contracts evidence etc. The responsibility of maintaining up to date the
statutes enacted by Parliament is also with this Department.

Composition of Indian parliament

1. President
2. Lok Sabha
3. Rajya Sabha
The law making bodies are both Lok sabha and Rajya Sabha. These are responsible for the
Legislation in the state.

1.Lok Sabha :-
A Member of Parliament (MP) in the Lok Sabha is the representative of a legislative
constituency in the Lok Sabha; the lower house of the Parliament of India. Members of
parliament of Lok Sabha are chosen by direct elections on the basis of the adult suffrage
and first-past-the post method. They hold their seats for 5 years or until the body is dissolved
by the President. The maximum permitted strength of members of parliament in the Lok
Sabha is 550. This includes the maximum 530 members to represent the constituencies and
states and up to 20 members to represent the union territories (both chosen by direct
elections). Between 1952 and 2020, two seats were reserved for members of the
Anglo-Indian community. The current elected strength of the Lok Sabha is 543. The
party—or coalition of parties—having a majority in the Lok Sabha chooses the Prime
Minister of India.

Eligibility Criteria:- A person must satisfy all following conditions to be qualified to become
a member of parliament of the Lok Sabha;
● Must be a citizen of India.
● Must not be less than 25 years of age.
● Must be a sound person
● Must not be convicted by the court with imprisonment of two Or more years
● Must be a voter for any constituency in India.
● Candidate of a recognised political party needs one proposer from his/her
constituency for his/her nomination.
● An independent candidate needs ten proposers.
● Candidates are required to make a security deposit of ₹25,000.

Power and Functions of Lok Sabha :-

The Lok Sabha enjoys Legislative, Executive, Financial, Judicial and Electoral powers.
These are explained below-

● Legislative Powers : A bill has to pass through both houses of the Parliament to
become an act. Firstly, a bill is passed in the Lok Sabha before its introduction in the
Rajya Sabha. If Rajya Sabha rejects a bill, it is resent to the Lok Sabha. After
reconsideration, if Rajya Sabha is still not satisfied with the changes, then the bill
enters into a deadlock. In a scenario where deadlock remains unresolved for a span
of 6 months, then as per the provisions of Article 108 of the Indian Constitution, the
Indian President has the right to Summon a joint sitting of Lok Sabha and Rajya
Sabha.
● Executive Functions : According to Article 73 (3) of the Indian Constitution, the
Council of Ministers is collectively responsible before the Lok Sabha. The Prime
Minister is selected from the political party that wins the majority in the Lok Sabha.
The Lok Sabha can remove the ministry by passing a no-confidence motion.
● Financial Power : The Lok Sabha enjoys various financial powers. According to
Article 109, the money bill can be introduced in the Lok Sabha only. The Lok Sabha
Speaker has the power to make the decision on a money bill. With Lok Sahba’s
consent, the government’s fiscal policies cannot be implemented.
● Judicial Functions : According to Article 61 of the Indian Constitution, impeachment
proceedings can be taken up in the Rajya Sabha or Lok Sabha against the Indian
President. It also has the power to investigate the Indian Vice-President for the
charges prepared by the Rajya Sabha. Under Article 124 (4) of the Indian
Constitution, both houses of the Parliament can together pass the order to remove
any Supreme Court judge or the High Court judge
● Electoral Functions: The Lok Sabha members can take part in the President's
election. According to Article 66 of the Constitution of India, the members of both
houses can collectively elect an Indian Vice-President.

2. Rajya Sabha :- The Rajya Sabha, also known as the upper house of the bicameral
parliament of India.As of 2023, it has a maximum membership of 250, of which 238 are
elected by the legislatures of the states and union territories using single transferable votes
through open ballots, while the president can appoint 12 members for their contributions to
art, literature, science, and social services. The total allowed capacity is 250 (238 elected, 12
appointed) according to article 80 of the Indian Constitution.[1] The current potential seating
capacity of the Rajya Sabha is 245 (233 elected, 12 appointed), after the Jammu and
Kashmir (Reorganisation) Act, 2019, the seats came down to 245. The maximum seats of
250 members can be filled up at the discretion and requirements of the house of Rajya
Sabha.

Eligibility Criteria:-
Article 84 of the Constitution lays down the qualifications for membership of Parliament. A
member of the Rajya Sabha must:
● Be a citizen of India.
● Make and subscribe before some person authorised on that behalf by the Election
Commission an oath or affirmation according to the form set out for the purpose in
the Third Schedule to the Constitution.
● Be at least 30 years old. (article 84 constitution of India)
● Be elected by the Legislative Assembly of States and Union territories by means of
single transferable vote through proportional representation.[7]
● Not be a proclaimed criminal.
● Not be a subject of insolvency, i.e. they should not be in debt that they are not
capable of repaying in a current manner and should have the ability to meet their
financial expenses.
● Not hold any other office of profit under the Government of India.
● Not be of unsound mind.
Possess such other qualifications as may be prescribed in that behalf by or under
any law made by Parliament.
In addition, twelve members are nominated by the president of India having special
knowledge in various areas like arts and science. However, they are not entitled to vote in
presidential elections as per Article 55 of the Constitution.

Powers and Functions of Lok Sabha:-

Rajya Sabha has many powers and a few exclusive powers of the Rajya Sabha and powers
of Rajyacan be divided in terms of -
● Legislative Powers: In terms of the Legislation powers of Rajya Sabha, Raja Sabha
enjoys equivalent permissions to Lok Sabha in the field of law. Any normal bill can be
introduced into Raju Sabha, but it can not be a law unless passed. If there is a
conflict between the votes of the two houses, then a deadlock is formed. If there is a
deadlock for more than six months, the President organises a joint sitting of both
houses to resolve the problem and pass the bill. The joint session is presided by the
speaker of the Lok Sabha. A signature from the President is needed for a co-session
of both the houses. However, if the deadlock is not resolved, the account is
considered dead.
● Executive Powers : Rajya Sabha doesn't enjoy many exclusive powers. It does
have some executive power. Every member of Rajya Sabha has the role of keeping
the council of ministers under check and seeing that they are not misusing their
authority. Rajya Sabha members can exercise control over the ministers by
criticising their policies, questioning and questioning additional and proposed
 measures for ‘postponement’. Several minister of cabinet can be from Rajya Sabha,
even Prime Minister can also be from Rajya Sabha. If the Lok Sabha party gets a
majority it can elect/pass him as the leader.
● Electoral Powers : The second house also has a role in elections. When a president
is elected, members of Rajya Sabha and elected members of Lok Sabha, and all
state legislatures together elect the President of India. Rajya Sabha and Lok Sabha
members jointly elect the Vice President of India. The members of the Rajya Sabha
also elect a vice president themselves. Though this is not an exclusive power of
Rajya Sabha, it plays an important role. It is because the President is an important
figure in the Parliament.
● Judicial Powers : Now, we will learn the judicial powers of the Rajya Sabha. Rajya
Sabha acting with Lok Sabha, can impeach the President for violating the
Constitution. Rajya Sabha can also request to remove the judge from the High Court
or any High Court through a special address. Charges against the Vice President can
only be brought in the Rajya Sabha. Some senior officials such as the Attorney
General of India, Auditor General, Auditor General, and Chief Election Commissioner
can be dismissed by passing a resolution in Rajya Sabha.

Conclusion :-

So at the end we conclude that the Legislature, as the core institution of government, crafts
and enacts legislation to shape societal norms and address evolving needs. Legislation, the
tangible output of this process, reflects the collective will, providing a legal framework for a
just and orderly society. Many catalysts work in such a process and the authority is provided
by the constitution. The work is checked by the Judiciary, i.e. the Supreme Court. There are
also some limitations to these.

Refrences :-
1. Wikipedia.com
2. Byjusexamprep.com
3. Unacademy.com
4. toppr.com
5. legislative.gov.in