Isabella Carter
The Indian Constitution outlines a bicameral system, which is a form of government with two legislative chambers or houses. This system, consisting of the Lok Sabha and the Rajya Sabha, is designed to ensure representation, balance, and thorough examination of legislation, reflecting the diverse interests of the Indian populace. The roots of India's bicameral system can be traced back to British colonial rule, where it was introduced as the Imperial Legislative Council in 1861. This early model laid the foundation for the future Indian Parliament, which retained the bicameral structure after independence in 1947.
| Characteristics | Values |
|---|---|
| Number of Houses in Parliament | Two: Upper House and Lower House |
| Names of the Houses | Rajya Sabha and Lok Sabha |
| Election of Members | Directly by the people (Lok Sabha) and by state assemblies (Rajya Sabha) |
| Number of Members | Minimum of 60 members and a maximum of 500 members |
| Dissolution | Lok Sabha can dissolve every five years, Rajya Sabha never fully dissolves |
| Roles | Lok Sabha: making laws, managing finances, overseeing the executive branch; Rajya Sabha: reviewing and revising legislation |
| Powers | Lok Sabha: exclusive rights to introduce money bills; Rajya Sabha: responsible for maintaining federal equilibrium by safeguarding state interests |
| Representation | Lok Sabha: represents the entire population of India; Rajya Sabha: represents the states of the Indian Federation |
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What You'll Learn
The Rajya Sabha and its role
The Rajya Sabha, or the Council of States, is the upper house of the Parliament of India. It is a key component of India's bicameral legislature at the national level, complementing the Lok Sabha, or the House of the People. The Rajya Sabha represents the states of the Indian Federation, while the Lok Sabha represents the entire population of India.
The Rajya Sabha plays a vital role in protecting the interests and culture of the states. It is a permanent body that cannot be dissolved, ensuring continuity in governance. It also serves as a check on the Lower House's potential impetuousness, as only one-third of its members are replaced every two years. This allows the Rajya Sabha to act as a revisionary house, reconsidering bills passed by the Lok Sabha and offering a degree of continuity in the underlying policies of laws passed by parliament.
The Rajya Sabha has equal footing in legislation with the Lok Sabha, except in the area of Loss of Supply, where the Lok Sabha has overriding powers. In the case of conflicting legislation, a Joint Session of Indian Parliament of the two houses can be held, with the Lok Sabha holding greater influence due to its larger membership. The Rajya Sabha can also make recommendations on money bills introduced in the Lok Sabha, but it cannot amend them.
The Rajya Sabha is responsible for maintaining federal equilibrium by safeguarding state interests against undue interference from the Centre. It acts as a safety valve within the legislature, easing federal tensions and institutionalising the federal principle of power-sharing between the Centre and the states. The creation of the Rajya Sabha reflects the constitutional vision of balancing the unity of the nation with the diversity of its constituent units.
The role and relevance of the Rajya Sabha have been a matter of debate, with some questioning its efficacy as the upper house of Parliament. However, it is crucial to enable the Rajya Sabha to retain its significant role in Indian democracy.
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The Lok Sabha and its role
The Indian Legislature, as per the Constitution, is termed "bicameral" owing to its composition of two chambers: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Lok Sabha, as the lower house of India's Parliament, holds significant influence in the country's governance.
The Lok Sabha is directly elected by the people, representing the entire population of India. It is subject to dissolution every five years, marking a key distinction from the Rajya Sabha, which is a permanent body without dissolution. The Lok Sabha's core responsibilities encompass lawmaking, financial management, and oversight of the executive branch. Its role in the legislative process is paramount, as no bill can become law without its approval. This underscores the Lok Sabha's pivotal position in shaping the country's legal and policy framework.
The Lok Sabha's exclusive right to introduce money bills, as outlined in Article 110 of the Constitution, underscores its financial authority. This means that the Lok Sabha has the sole authority to initiate and pass bills related to taxation, expenditure, and other financial matters. This power dynamic between the two houses ensures that financial decisions are made with the interests of the general population in mind, as represented by the Lok Sabha.
In the event that the Rajya Sabha, the upper house, rejects a bill, it is sent back to the Lok Sabha for reconsideration. This process allows for further deliberation and ensures that legislation is thoroughly vetted before becoming law. The Lok Sabha's role in this scenario is crucial, as it can either choose to accept the Rajya Sabha's rejection or stand by its initial decision.
The Lok Sabha also plays a vital role in maintaining a check on the executive branch. It can hold the executive accountable, ensure transparency, and prevent arbitrary decision-making. This function is essential in upholding the principles of democracy and good governance. The Lok Sabha's ability to dissolve and trigger fresh elections also serves as a check on the executive's performance, as it allows the people to express their approval or disapproval through the ballot.
In summary, the Lok Sabha, as the lower house of India's bicameral legislature, holds significant power and responsibility. Its role extends beyond lawmaking to include financial management and executive oversight. The Lok Sabha's direct election by the people empowers it to represent the diverse interests and aspirations of the Indian populace in the legislative process.
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The history of bicameralism in India
The Indian Constitution, which came into effect in 1950, establishes a bicameral legislature with an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha represents the states of the Indian Federation, while the Lok Sabha represents the entire population of India. The Rajya Sabha is considered important in the parliamentary system as only one-third of its seats are filled every two years, acting as a check on the Lower House.
At the central level, the Indian Parliament has two houses, making it a bicameral legislature. However, at the state level, only six out of 28 state legislatures have two houses. These states are Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana, Jammu and Kashmir, and Uttar Pradesh. The rest of the states have unicameral legislatures, with only one house or assembly making and implementing laws.
The adoption of bicameralism in India is guided by several reasons. One key reason is the representation and protection of the rights of the states in federal policy. The Rajya Sabha, as the Upper House, plays a crucial role in safeguarding state interests against undue interference from the Centre. Additionally, bicameralism provides an institutional opportunity for second thoughts and wiser counsel, even after the passage of a bill by the Lok Sabha.
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The Indian Constitution's Articles on bicameralism
The Indian Constitution establishes a bicameral legislature, which means it is divided into two houses: the Upper House (Rajya Sabha) and the Lower House (Lok Sabha). The Rajya Sabha represents the states of the Indian Federation, while the Lok Sabha represents the entire population of India. The Rajya Sabha is considered the upper house as only one-third of its seats are filled every two years, acting as a check on the Lower House. The Indian form of bicameralism was first introduced in 1773 via the Regulating Act of 1773, which made provisions for the appointment of a Governor-General, assisted by a council.
The Government of India Act of 1919 provided for the separation of central and provincial powers, and the Indian Legislature was to consist of the Governor-General and two chambers: the Council of State and the House of Assembly. The Council's term was set at five or six years. The Indian Constitution's Articles on bicameralism are found in Part VI, Chapter III, Article 168-212, which details the formation and composition of state legislatures, their manner of election, abolition and dissolution, and the powers and duties of their members.
Article 168 specifies the states that have bicameral legislatures, including Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana, Jammu-Kashmir, and Uttar Pradesh. The rest of the states have a unicameral legislature, with just one house or assembly that legislates and votes. Article 169 outlines the process for the abolition or creation of legislative councils. A special majority resolution must be passed by the legislative assembly of that state. Articles 170 and 171 detail the composition of the legislative assembly and the legislative council, respectively.
The council will be elected based on specific proportions: one-third of members are chosen from local cooperative institutions, one-twelfth are university degree holders, one-twelfth are from the Secondary School Teachers' Association, and one-third are elected by members of the legislative assembly. The total number of members of the Legislative Council cannot be more than one-third of the Legislative Assembly's members and not less than 40. The Legislative Council is always an indirectly elected house, with members chosen using proportional representation and the "single transferable voting system".
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The Upper and Lower Houses
The Indian Parliament is divided into two houses: the Upper House (also known as the Rajya Sabha or Council of States) and the Lower House (also known as the Lok Sabha or House of the People). This system is known as a bicameral legislature, where two assemblies share legislative power.
The Rajya Sabha is responsible for maintaining federal equilibrium by safeguarding state interests and ensuring that there is no undue interference from the centre. It is a permanent body that never fully dissolves, and only one-third of its seats are filled every two years. The Rajya Sabha is elected by state assemblies, and it reviews and revises legislation proposed by the Lok Sabha. The Upper House is considered important in the parliamentary system as it acts as a check on the Lower House's potential impetuousness.
The Lok Sabha, on the other hand, is directly elected by the people and can dissolve every five years. It represents the entire population of India and plays a crucial role in the country's governance. The Lower House is responsible for making laws, managing finances, and overseeing the executive branch. A bill must be approved by the Lok Sabha before it can become law. It also has exclusive rights to introduce money bills.
The bicameral system in India is significant for maintaining checks and balances, ensuring that all voices are considered in the law-making process, and preventing hasty legislation. It allows for the representation of diverse interests, reflecting the varied demographics of the Indian populace.
The adoption of a bicameral legislature in India can be traced back to the times of British rule. The Government of India Act of 1919 provided for a Second Chamber, and the Indian Legislature was specified to consist of the Governor-General and two chambers: the Council of State and the House of Assembly. Later, the Government of India Act, 1935, made provision for a federal legislature, which was divided into a federal assembly and a council of states.
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Frequently asked questions
Bicameralism in the Indian Constitution refers to the country's system of having two Houses of Parliament: the Upper House (Rajya Sabha) and the Lower House (Lok Sabha).
The Lok Sabha is directly elected by the people and represents the general population. It plays a crucial role in the country's governance by making laws, managing finances, and overseeing the executive branch. The Rajya Sabha, on the other hand, is elected by state assemblies and represents the states and union territories. It acts as a check on the Lower House, reviewing and revising legislation.
The adoption of bicameralism in India is guided by three main reasons. Firstly, it ensures representation and balance in the legislative process, reflecting the diverse interests of the Indian populace. Secondly, it helps to prevent hasty and harsh legislation by providing a system of checks and balances. Lastly, it allows for the safeguarding of state interests against undue interference from the Centre.
