An Introduction to Parliament and State Legislature

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Parliament and State Legislature are the highest law making bodies in the union and the states
respectively. Indian Parliament consists of Lok Sabha, Rajya Sabha, and the President of
India. At the state level, the legislature is composed of the Legislative Assembly and
Legislative Council and the Governor of the State. In addition to its legislative function, it
keeps a check on the functioning of the government and passes the country’s budget. The
most essential role of Parliament and state legislatures is to represent the people. As a
representative institution, it also highlights important issues being faced by the people.

Composition of The Parliament

The President of India
The Central Executive constitutes the President, Council of Ministers headed by the Prime
Minister. The President is the nominal head of the State. Every executive action in the central
level is conveyed in his authority.
The power has been vested to him under Article 53 (1) of the Constitution of India which
conditions that the executive power would be vested in the President and shall be
implemented by him in a direct or indirect manner through his officer’s subordinate.

Rajya Sabha or Council of States

The Council of States or the Rajya Sabha is the Upper House of the Parliament, consisting of
more than 250 members, encompassing 238 Members representing the States and Union
Territories and 12 members who are nominated by the President who possess special
knowledge and practical experiences in relation to literature, art, science and social service.

Lok Sabha or House of the People

The total number of members in the Lok Sabha is 552 Members, elected representatives
consist of 530 members to represent the States, 20 members to represent the Union
Territories and 2 members are nominated from the Anglo- Indian community by the President
of India.
The tenure would be five years and is subject to dissolution by the President of India.
What are the Functions of Union Parliament?
Part V of the Constitution of India deals with the functions of the Union Parliament. These
functions are written below :
Legislative Functions: Union Parliament works as the highest law-making body in the
country. The seventh schedule of the constitution provides three lists i.e Union List, State list
and Concurrent list. Union Parliament makes laws on the subjects mentioned in the Union list
and Concurrent list. It also makes laws on the state list's subjects in some conditions.
Executive Functions: After making laws, the duty of implementation is on the executive
branch of the government. Executive and legislative branches are interdependent. Parliament
keeps checking on the executive and the executive keeps checking on the legislatures. For
example, a no-confidence motion can be passed by the legislatures in the Union Parliament to
remove the Prime Minister along with his cabinet.
Judicial Functions: Union Parliament also acts as a Judicial structure in a lot of matters.
Legislatures have Parliamentary Privileges. If these privileges are breached, then the Union
Parliament also has punitive powers to punish. Not only this, but it also plays a judicial
function while removing the President, the Vice President, the judges of the Supreme Court
or High Court, etc.

There are various other functions of the Union Parliament besides the above-mentioned
functions. These are written below:
 The Parliament has amendment powers. They can change the Constitution of India by
following the established procedure.
 The Parliament and its legislatures participate in the elections of the President and the
Vice President.
 They also have the power to remove the President and the Vice President bypassing the
resolution.
 Not only this, at the centre level the Parliament is the only authority with respect to the
finances of the country. Not even a single rupee can be spent by the executive without the
approval of the Parliament.
 The Union Parliament also presents the budget of the country before the end of the
financial year.
 The emergency is also implemented in the country with the approval of the Parliament.
Functions of the Parliament
S.no Functions Description
.
1 Legislative functions o Even though, It is the principal law making body of
the country, its role is limited.
o The task for drafting a bill is done by the
bureaucracy along with the supervision of ministers.

2 Ensure accountability o It checks the authority of the executive and is

and control of accountable to the people.
Executive
3 Financial function o It controls tax and the usage of money by the
government.
o It allocates financial resources to the government
through budgets and financial statements.

4 Representative o It is responsible for representation of the diverse

function views of different members belonging to different
social backgrounds and different parts of the country.

5 Debating function o It carries out the democratic discussions on different

matters in the parliament.
o The representatives are free to speak and debate on
any matter without any limits.

6 Constituent function o It has the power and role to amend constitutional

provisions as and when required by receiving
approval through a special majority of both the
houses.

7 Electoral function o It elects the President and the Vice President of India
through Single Transferable Vote system.

8 Judicial function o It is responsible for judicial functions when

considering the proposals for the removal of the
president, vice president and the judges of supreme
court and high court.

Law Making Process

What Is the Law Making Process In Parliament?
A legislative proposal, known as a Bill, has to be passed by each House of Parliament and
obtain presidential assent to become an Act.
Government Bills are introduced by Ministers and Private Member Bills by any other MP.
Bills in Parliament

Kind of Introducti
Subject Passage
Bills on

Anything under
Introduced
Ordinary the Union and Simple majority
in either
Bills Concurrent in each House
House
Lists

Simple majority
Involving
in LS RS can
taxation,
recommend
borrowing,
changes but LS
govt funding,
has the right to
payment or
Introduced reject them RS
Money Bills withdrawal of
only in LS must return or
money from
pass a Money
the
Bill within 14
Consolidated
days or it is
or Contingency
deemed
Funds of India
passed

Special majority
of total
membership
and two-third
majority of the
Constitution Amends the
Introduced MPs present
al provisions of
in either and voting
Amendment the
House Some Bills also
Bills Constitution
need to be
ratified by half
the state
legislatures in
the country
Powers of Rajya Sabha and Powers of Lok Sabha

Powers of Rajya Sabha Powers of Lok Sabha

Approve non money bills. Make amendments to money bills.
Make laws on matters included in the Enact and introduce money and non-money bills.
concurrent and the union list
Provide approval for any constitutional Provide approval for proposals related to
amendments. taxation, budget and financial statements.
It has the power to ask questions to the Check the executive through the power of asking
executive and passed resolutions and questions, supplementary questions, resolutions,
motions. motions and passing no confidence motion.

It participates in the election and It can alone initiate the process of removal of the
removal of the vice president, president vice president.
and judges of supreme court and high
court.
Special powers
o It protects the power of state. o Money bills can be introduced only in the
o Any matter relating to the state Lok Sabha.
requires approval of Rajya Sabha. o The council of ministers are responsible
o For example, removal or transfer only to the Lok Sabha and not Rajya
of any matter included in the Sabha.
state list requires approval of o Members of Lok Sabha can remove the
Rajya Sabha. government by passing no confidence
motion.