Legislature

Legislature — Parliament, State Legislature, Law-Making Process

Overview

The Legislature is the law-making organ of the government and forms a critical pillar of Indian democracy alongside the Executive and Judiciary. For TNPSC Group II, focus on structural details (composition, terms, quorum), powers of each House, and the step-by-step legislative process. Understanding the distinction between Parliament at the Centre and State Legislatures, along with their inter-relationships, is essential.

Students must master the constitutional provisions (primarily Articles 79–122 for Parliament and Articles 168–212 for State Legislatures), the types of majorities, joint sitting provisions, and the special position of Rajya Sabha and Legislative Councils. This topic directly links with related areas like the Executive, Judiciary, and Constitutional Amendments.

Key Concepts

• Bicameral vs Unicameral: Parliament and six states (UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana) have two Houses; remaining states have only one House (Legislative Assembly).
• Parliament = President + Lok Sabha + Rajya Sabha: The President is an integral part of Parliament, not separate from it (Article 79).
• Lok Sabha represents people directly; Rajya Sabha represents States and Union Territories. This reflects the federal principle.
• Rajya Sabha is a continuing chamber — it never dissolves fully; one-third members retire every two years. Lok Sabha has a 5-year term but can be dissolved earlier.
• Money Bills can only originate in Lok Sabha; Rajya Sabha can only recommend amendments within 14 days, which Lok Sabha may accept or reject.
• Joint Sitting (Article 108) resolves deadlocks on ordinary bills — presided by Lok Sabha Speaker. Not applicable for Money Bills or Constitutional Amendment Bills.
• State Legislature mirrors Parliament but with Governor replacing President; Legislative Assembly (Vidhan Sabha) parallels Lok Sabha, Legislative Council (Vidhan Parishad) parallels Rajya Sabha.
• Quorum is one-tenth of total membership for both Houses of Parliament and State Legislatures.

Key Facts

*Note: 104th Amendment (2020) ended nomination of Anglo-Indians to Lok Sabha.

State Legislature Facts:

• Legislative Assembly: 60–500 members; term 5 years
• Legislative Council: Maximum 1/3 of Assembly strength; term 6 years (1/3 retire every 2 years)
• Article 169: Parliament can create or abolish Legislative Council by simple majority if State Assembly passes resolution by special majority

Types of Majorities:

• Simple Majority: More than 50% of members present and voting
• Absolute Majority: More than 50% of total membership
• Effective Majority: More than 50% of effective strength (total minus vacancies)
• Special Majority: 2/3 of members present and voting + more than 50% of total membership

Worked Examples

Example 1: Identifying a Money Bill

Question: Which of the following is NOT a Money Bill? (a) Bill imposing tax (b) Bill regulating borrowing by Government of India (c) Bill imposing fine for violation of traffic rules (d) Bill appropriating money from Consolidated Fund

Solution: Article 110 defines Money Bill — it deals with taxation, borrowing, Consolidated Fund matters, appropriation, etc. A bill imposing fines is NOT a Money Bill because Article 110(2) says a Bill is not a Money Bill only because it provides for fines or other pecuniary penalties. Fines are regulatory, not fiscal measures under Article 110.

Answer: (c)

Example 2: Law-Making Process

Question: An ordinary bill is passed by Lok Sabha but Rajya Sabha neither passes nor rejects it for 8 months. What happens next?

Solution: Step 1: For ordinary bills, if there is a deadlock (one House passes, other rejects/amends unacceptably/doesn't act for 6 months), President can summon Joint Sitting. Step 2: Here, 8 months have elapsed without Rajya Sabha action — this exceeds 6 months. Step 3: President may call Joint Sitting under Article 108. Step 4: In Joint Sitting, bill is passed by simple majority of total members present and voting.

Answer: President can summon Joint Sitting; Lok Sabha usually prevails due to numerical strength.

Example 3: State Legislature Composition

Question: Tamil Nadu wants to create a Legislative Council. What is the procedure?

Solution: Step 1: Tamil Nadu Legislative Assembly must pass a resolution by special majority (majority of total membership + 2/3 of members present and voting). Step 2: Resolution is sent to Parliament. Step 3: Parliament passes a law by simple majority under Article 169. Step 4: This is NOT a Constitutional Amendment — hence no ratification by states needed.

Common Mistakes

• Confusing composition numbers: Students mix up "maximum" constitutional provision with "current actual" strength. Remember 550 is maximum for Lok Sabha (552 before the 104th Amendment); current strength is 543.
• Assuming Rajya Sabha is powerless: Wrong. Rajya Sabha has exclusive powers under Articles 249 (national importance resolution) and 312 (All-India Services). It is co-equal for Constitutional Amendments and ordinary bills.
• Thinking Joint Sitting applies to all bills: Joint Sitting does NOT apply to Money Bills (Lok Sabha will prevails automatically) or Constitutional Amendment Bills (each House must pass separately).
• Confusing Speaker's vote: Speaker normally does not vote; casts deciding vote only in case of a tie. Deputy Speaker votes like any member but has casting vote when presiding during tie.
• Assuming Governor can return Money Bill: Governor cannot return a Money Bill to State Legislature for reconsideration (unlike ordinary bills). He must either give assent or reserve for President.

Quick Reference

• Parliament = President + Lok Sabha + Rajya Sabha (Article 79)
• Lok Sabha: 543 members, 5-year term, age 25+, originates Money Bills
• Rajya Sabha: 245 members, permanent House, age 30+, exclusive Articles 249 & 312
• Quorum = 1/10th of total membership
• Joint Sitting: Ordinary bills only, presided by Speaker, simple majority decides
• Money Bill: Rajya Sabha has only 14 days; cannot reject, only recommend
• State Council creation/abolition: State resolution (special majority) + Parliament Act (simple majority)