The Union Legislature ICSE SST One Shot - Class 8 Civics

The Union Legislature (Parliament of India)

The Union Legislature, also known as the Parliament, is the supreme law-making body in India. It is responsible for making, amending, and repealing laws, as well as overseeing the executive and judiciary. The Parliament consists of two houses—Lok Sabha and Rajya Sabha—and the President of India, who is a part but not a member of Parliament.

Federal and Unitary Government Structures

India follows a federal system of government, which means there are multiple levels of government with shared powers. In contrast, a unitary system has only one central government holding all powers.…

The Union Legislature (Parliament of India)

The Union Legislature, also known as the Parliament, is the supreme law-making body in India. It is responsible for making, amending, and repealing laws, as well as overseeing the executive and judiciary. The Parliament consists of two houses—Lok Sabha and Rajya Sabha—and the President of India, who is a part but not a member of Parliament.

Federal and Unitary Government Structures

India follows a federal system of government, which means there are multiple levels of government with shared powers. In contrast, a unitary system has only one central government holding all powers. The federal structure in India includes central, state, and local governments, each with distinct powers and responsibilities.

• Federal Government Features:

  • At least two or three levels: Central, State, Local (Municipalities in urban areas, Panchayats in villages)
  • Political powers are shared between levels
  • Constitution is rigid and codified; some laws are easy to change, others are difficult
  • Separate laws for central and state governments

• Unitary Government Features:

  • Only one level of government (central)
  • All political power rests with the central government
  • Constitution is flexible and uncodified
  • One type of law for the entire country

Organs of the Indian Government

The Indian government is divided into three main organs: Legislature, Executive, and Judiciary. Each organ has distinct functions and powers, ensuring a balance and separation of powers.

• Legislature: Makes laws, amends or removes existing laws.
• Executive: Implements and enforces laws made by the legislature.
• Judiciary: Interprets laws, maintains checks and balances, and punishes those who do not follow the law. Includes all courts, judges, Supreme Court, and High Courts.

Structure and Composition of Parliament

The Parliament of India comprises the Lok Sabha (House of the People), Rajya Sabha (Council of States), and the President. The President is the head but not a member of Parliament. No person can be a member of both houses at the same time.

• Lok Sabha: Lower House, House of the People, members are directly elected by citizens.
• Rajya Sabha: Upper House, Council of States, members are elected by State Legislative Assemblies and nominated by the President.
• President: Integral part of Parliament, gives assent to bills.

Lok Sabha: Composition, Election, and Powers

Lok Sabha is the lower house of Parliament, also called the House of the People. Its members are directly elected by Indian citizens aged 18 and above. The maximum strength was previously 552, but after the 2019 amendment, it is now 550.

• Previous Composition:
  • 530 elected from states
  • 20 elected from Union Territories
  • 2 nominated from Anglo-Indian community by the President (provision removed in 2019)
• Current Strength: 550 members
• Term: 5 years, but can be dissolved earlier by the President on the advice of the Prime Minister. During an emergency, the term can be extended by one year.
• Qualifications:
  • Must be a citizen of India
  • Minimum age: 25 years
  • Mentally sound
  • No criminal background
  • Must not hold an office of profit under the government
• Election: Direct election by Indian citizens aged 18 or above
• Speaker and Deputy Speaker:
  • Elected from among members at the first meeting
  • Speaker presides over sessions, maintains order, protects members’ rights, conducts voting
  • Deputy Speaker acts in the absence of the Speaker

Rajya Sabha: Composition, Election, and Powers

Rajya Sabha is the upper house, also called the Council of States. It is a permanent body and cannot be dissolved. Its maximum strength is 250 members.

• Composition:
  • 238 members elected by State Legislative Assemblies and Union Territories
  • 12 members nominated by the President from fields like art, science, literature, and social service
• Term: 6 years for each member; one-third retire every two years and may be re-elected
• Qualifications:
  • Must be a citizen of India
  • Minimum age: 30 years
  • Must not hold an office of profit under the government
• Chairman: Vice President of India is the ex-officio Chairman of Rajya Sabha

Separation of Powers and Checks and Balances

The three organs—Legislature, Executive, and Judiciary—have separate powers but keep checks on each other. This ensures no organ misuses its power and maintains constitutional balance.

• Legislature: Power to make and change laws
• Executive: Power to implement laws
• Judiciary: Power to judge and interpret laws, check constitutionality, and punish for non-compliance
• Each organ can question or check the actions of the others, maintaining accountability

Union, State, and Concurrent Lists

Subjects of governance are divided into three lists to clarify which level of government has authority over which subjects.

• Union List: Central government’s domain (e.g., defense, international relations, posts, railways, highways, communication, sports)
• State List: State government’s domain (e.g., public order, police, public health, hospitals, sanitation, agriculture)
• Concurrent List: Both central and state governments can legislate (e.g., justice, education, trade unions, forests)
• Number of Subjects:
  • Union List: 97 subjects
  • State List: 66 subjects
  • Concurrent List: 47 subjects

Law-Making Process and Types of Bills

The Parliament is the supreme law-making body. For a bill to become law, it must be passed by both houses and receive the President’s assent.

• Process:
  • Bill introduced in Lok Sabha or Rajya Sabha (except Money Bill)
  • Passed by one house, then sent to the other
  • If both houses pass, sent to President for approval
  • Becomes law after President’s assent
• Money Bill: Can only be introduced and passed in Lok Sabha; Rajya Sabha cannot amend or reject, only discuss. Sent directly to President after Lok Sabha.

Powers and Functions of Parliament

Parliament has extensive powers, including legislative, financial, executive control, and judicial functions.

• Legislative Powers: Make, amend, or repeal laws for the whole country
• Financial Powers: Pass the national budget, approve or reject government expenditure, control government finances
• Executive Control: Ministers are answerable to Parliament; Parliament can question any minister on public matters; can pass a vote of no-confidence against a minister or the Prime Minister, leading to resignation of the entire ministry
• Judicial Powers: Power to impeach the President, Vice President, Supreme Court and High Court judges
• Elective Functions: Elects the President, Vice President, and members of State Legislative Assemblies
• Session Management: Must hold at least two sessions per year, with no more than six months between sessions. Three main sessions: Budget (January), Monsoon (July), Winter (November/December). Remember as BMW: Budget, Monsoon, Winter.

Privileges, Salary, and Allowances

Members of both Lok Sabha and Rajya Sabha receive salaries and allowances, which are decided by Parliament itself. They also receive daily allowances during sessions and enjoy certain privileges and immunities as members.

• Privileges: Protection of rights and privileges of members during sessions
• Allowances: Daily allowances during sessions, other privileges as decided by Parliament

Key Differences Between Lok Sabha and Rajya Sabha

Lok Sabha and Rajya Sabha differ in composition, powers, and functions. Lok Sabha is subject to dissolution, while Rajya Sabha is a permanent body. Money Bills can only originate in Lok Sabha. The Speaker presides over Lok Sabha, while the Vice President is the ex-officio Chairman of Rajya Sabha.

Summary of Parliament’s Role

The Parliament of India is the central institution for law-making, financial control, executive oversight, and constitutional amendments. It ensures democratic governance, accountability, and the protection of citizens’ rights through its structured processes and division of powers.