Ch 5: Legislature
Anchors critical Prelims concepts on bicameralism, parliamentary control over the executive, financial procedures, and the asymmetric powers of the Lok Sabha and Rajya Sabha.
Why do we need a Parliament?
Relevance: medium. Note on democratic representation, debates, and legislative supremacy. Focus on how the legislature holds the executive accountable. Skip general rhetoric on democracy; focus on the core distinction between presidential and parliamentary systems. Trap: confusing parliamentary sovereignty with absolute power (it is limited by constitutional provisions in India).
Why do we need two Houses of Parliament?
Relevance: high. Note on bicameralism, representation of states (Rajya Sabha), and Article 80 (Composition of Council of States). Focus on nominated members (12 by President), election process via proportional representation (Single Transferable Vote), and the list of states with bicameral legislatures (Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh). Trap: Assuming all Union Territories have representation in the Rajya Sabha (only Delhi, Puducherry, and Jammu & Kashmir do).
Lists the states currently having a bicameral legislature: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
What does the Parliament do?
Relevance: high. Detailed comparative powers of Lok Sabha and Rajya Sabha. Financial powers, constituent powers, electoral/judicial powers. Special powers of Rajya Sabha under Article 249 (resolution to legislate on State List) and Article 312 (creation of All-India Services). Trap: Believing Rajya Sabha can reject a Money Bill (it can only delay it for up to 14 days under Article 109).
Outlines powers under Article 249 (legislating on State List subjects) and Article 312 (creation of All-India Services).
How does the Parliament make laws?
Relevance: high. Detailed process of bill passage. Ordinary Bills vs. Money Bills (Article 110). Joint Sitting under Article 108 (presided over by Lok Sabha Speaker). Trap: Believing a joint sitting can be called for Constitutional Amendment Bills (Article 368) or Money Bills (not permitted).
How does the Parliament control the Executive?
Relevance: high. Instruments of control: Question Hour (starred vs. unstarred), Zero Hour, Half-an-hour discussion, adjournment motion, censure motion, and No-Confidence Motion. Mention that a No-Confidence Motion can only be introduced in the Lok Sabha (Rule 198 of Lok Sabha Rules) and requires the support of 50 members. Trap: Conflating Zero Hour as a formal constitutional device (it is an informal Indian innovation not mentioned in Rules of Procedure).
Differentiates between starred questions (requiring oral answers and allowing supplementaries) and unstarred questions (requiring written answers).
What do the committees of Parliament do?
Relevance: high. Standing Committees vs. Ad-hoc Committees. Financial Committees (Public Accounts Committee, Estimates Committee, Committee on Public Undertakings). Note that ministers cannot be elected to these financial committees. Trap: Assuming all committees have equal numbers from both houses; the Estimates Committee has 30 members, all strictly from the Lok Sabha.
How does the Parliament regulate itself?
Relevance: high. Code of conduct, Anti-Defection Law (Tenth Schedule, added by 52nd Amendment Act 1985, modified by 91st Amendment Act 2003). Presiding officer (Speaker/Chairman) makes the final decision on defection. Trap: Believing the Speaker's decision on defection is immune from judicial review (Kihoto Hollohan case 1992 made it subject to judicial review).
Explains provisions of the Tenth Schedule, added by the 52nd Amendment (1985) and modified by the 91st Amendment (2003).