Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these:
Parliament and State Legislatures in India:
Introduction
India’s democratic framework rests on a bicameral Parliament at the Union level and unicameral or bicameral legislatures at the State level. These institutions embody representative democracy, ensure accountability, and provide a platform for law-making and debate. This document explores their structure, functioning, conduct of business, powers and privileges, and the issues arising out of them.
Structure:
Parliament
Lok Sabha (House of the People): Directly elected representatives; maximum strength 552.
Rajya Sabha (Council of States): Indirectly elected by State legislatures; maximum strength 250.
President of India: Integral part of Parliament, summoning and dissolving sessions, assenting to bills.
State Legislatures
Legislative Assembly (Vidhan Sabha): Directly elected; size varies by state.
Legislative Council (Vidhan Parishad): Optional; present in a few states (e.g., UP, Bihar, Maharashtra).
Governor: Head of the state, part of legislature, assents to bills.
Functioning:
Sessions
Parliament and State legislatures meet in three sessions annually: Budget, Monsoon, Winter.
President/Governor summons and prorogues sessions.
Decision-Making
Simple majority for most bills.
Special majority for constitutional amendments.
Joint sittings resolve deadlocks between Lok Sabha and Rajya Sabha.
Committees
Standing Committees (e.g., Public Accounts Committee).
Ad hoc Committees for specific issues.
Conduct of Business:
Legislative Process
Introduction of Bill (Government or Private Member).
Debate and Discussion.
Committee Review.
Voting and Passage.
Assent by President/Governor.
Question Hour & Zero Hour
Question Hour: MPs/MLAs ask questions to hold government accountable.
Zero Hour: Members raise urgent matters without prior notice.
Budgetary Process
Annual financial statement presented.
Demand for Grants scrutinized.
Appropriation Bill and Finance Bill passed.
Powers & Privileges:
Legislative Powers
Parliament: Union List subjects (defense, foreign affairs).
State Legislatures: State List subjects (police, agriculture).
Concurrent List: Both can legislate; Union law prevails in conflict.
Financial Powers
Lok Sabha controls money bills.
Rajya Sabha has limited role in financial matters.
State Assemblies control state finances.
Privileges
Freedom of speech in legislature.
Immunity from legal proceedings for speeches/votes.
Right to regulate internal proceedings.
Issues Arising:
Defections & Instability
Frequent party switching undermines stability.
Anti-defection law (Tenth Schedule) seeks to curb this.
Hung Houses
Coalition politics leads to fragile governments.
Decline in Standards of Debate
Increasing disruptions and lack of substantive discussion.
Criminalization of Politics
Rising number of legislators with criminal records.
Money Power & Influence
Electoral funding and lobbying affect legislative integrity.
Weak Committee System
Committees often lack teeth and independence.
Federal Tensions
Conflicts between Union and State laws.
Governor’s discretionary powers sometimes controversial.
Conclusion:
Parliament and State legislatures are the pillars of India’s democracy, ensuring representation, accountability, and law-making. However, challenges like defections, disruptions, and criminalization of politics demand reforms. Strengthening committees, improving debate quality, and ensuring transparency in funding can revitalize these institutions.