The legislature is the organ of government that makes laws, and in a democracy it represents the will of the people. In India, the legislature at the central level is called Parliament, which consists of the President, the Lok Sabha and the Rajya Sabha. At the state level, the legislature is called the state legislature, which consists of the Governor and the legislative assembly (and in some states a legislative council as well). The legislature is the centre of democratic decision-making because it is the forum where the people's representatives debate and pass laws.
The Indian Parliament is based on the Westminster model. It is bicameral, meaning it has two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Lok Sabha represents the people directly and is composed of members elected on the basis of universal adult franchise, while the Rajya Sabha represents the states and its members are elected indirectly by the members of state legislative assemblies.
The Parliament is the highest law-making body of the country, but its functions go beyond law-making. It exercises control over the executive, approves the budget, holds the government accountable through questions and debates, represents the interests of the people, and serves as a forum for national discussion. In a parliamentary system, the government is drawn from the legislature and remains in office only as long as it enjoys the confidence of the Lok Sabha.
Parliament also performs the important task of checking arbitrary executive action. Through instruments such as questions, zero hour, adjournment motions, no-confidence motions and the review of government work by parliamentary committees, the legislature keeps the government under constant scrutiny. This accountability is the essence of democratic governance.
The Rajya Sabha is the Council of States and the upper house of Parliament. Its maximum strength is 250 members, of whom 238 are elected by the elected members of state legislative assemblies through proportional representation by means of the single transferable vote, and 12 are nominated by the President from among persons having special knowledge or practical experience in literature, science, art and social service.
The Rajya Sabha is a permanent house and cannot be dissolved. One-third of its members retire every second year, and each member serves a term of six years. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. Although the Rajya Sabha is not as powerful as the Lok Sabha in money matters, it plays an important role in representing states and in giving voice to expertise and experience.
The Lok Sabha is the House of the People and the lower house of Parliament. Its maximum strength is 552 members, of whom 530 are elected from the states, up to 20 from union territories, and 2 are nominated by the President from the Anglo-Indian community (though this nomination was ended by the 104th Amendment in 2019). Members of the Lok Sabha are elected directly by the people from territorial constituencies on the basis of universal adult franchise, following the First Past the Post system.
The normal term of the Lok Sabha is five years, but it can be dissolved earlier by the President. The Lok Sabha is more powerful than the Rajya Sabha because it represents the people directly, because a money bill can be introduced only in the Lok Sabha, and because the Council of Ministers is collectively responsible to the Lok Sabha.
The Parliament has legislative powers to make laws on subjects in the Union List and the Concurrent List, and on residuary subjects. It also has the power to amend the Constitution. It exercises control over the executive and can remove the government through a vote of no confidence. It approves the annual budget and all proposals for taxation and expenditure. It discusses national issues and passes resolutions.
Parliament also exercises control over the judiciary through the process of impeachment of judges and through the power to frame laws. The impeachment of the President and removal of judges require special majority and are initiated in Parliament. Through the Committee system, Parliament examines legislation in detail and scrutinises government expenditure.
A bill can be introduced in either house of Parliament, except a money bill, which can be introduced only in the Lok Sabha. A bill passes through three readings in each house: the first reading is the introduction of the bill, the second reading involves a detailed clause-by-clause discussion, and the third reading is the final vote on the bill. After both houses pass the bill, it is sent to the President for assent, after which it becomes a law.
If the two houses disagree on a bill (other than a money bill), the President can call a joint sitting of both houses to resolve the deadlock. Since the Lok Sabha has more members, it normally prevails in a joint sitting. A money bill can be introduced only in the Lok Sabha, and the Rajya Sabha has only a limited role, having to return it within fourteen days.
Questions are the most common parliamentary instrument to hold the executive accountable. During question hour, ministers must answer questions raised by MPs. A zero hour allows members to raise issues without prior notice. An adjournment motion interrupts the normal business to discuss a matter of urgent public importance. A no-confidence motion, if passed, brings down the government. A censure motion criticises the government's policy.
Parliamentary committees play a vital role in law-making and scrutiny. Departmentally related standing committees examine bills and government functioning, the Public Accounts Committee scrutinises government expenditure, the Estimates Committee examines government estimates, and the Committee on Public Undertakings examines the working of public sector units. These committees allow detailed examination that is not possible in the full house.
Each state in India has a legislature consisting of the Governor and one or two houses. Most states have a unicameral legislature with only a legislative assembly (Vidhan Sabha). Some states have a bicameral legislature with a legislative assembly and a legislative council (Vidhan Parishad). The legislative assembly is directly elected for a term of five years, while the legislative council is an indirect body.
The state legislature makes laws on subjects in the State List and Concurrent List. It controls the state executive, approves the state budget, and holds the state government accountable. The chief minister and the state council of ministers are collectively responsible to the legislative assembly. The legislative council, where it exists, has a limited role in financial matters, similar to the Rajya Sabha at the centre.
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Nature | House of the People | Council of States |
| Maximum strength | 552 | 250 |
| Election | Direct by the people | Indirect by state assemblies |
| Term | 5 years, can be dissolved | Permanent, 1/3 retire every 2 years |
| Member term | 5 years | 6 years |
| Money bill | Can be introduced | No role beyond returning in 14 days |
| Chairman | Speaker | Vice-President (ex-officio) |
| Step | Stage |
|---|---|
| 1 | Introduction of the bill (First Reading) |
| 2 | Detailed clause-by-clause discussion (Second Reading) |
| 3 | Final vote (Third Reading) |
| 4 | Passing by both houses of Parliament |
| 5 | Joint sitting if there is a deadlock (except money bills) |
| 6 | President's assent |
| 7 | Bill becomes an Act |
The legislature is the heart of democratic governance. The Indian Parliament, comprising the President, the Lok Sabha and the Rajya Sabha, makes laws, controls the executive, approves finances and represents the people. The law-making process ensures careful deliberation through three readings and the committee system, while instruments like questions and no-confidence motions keep the government accountable. At the state level, the legislature performs similar functions within the federal framework. An effective and accountable legislature is essential for the success of parliamentary democracy in India.