Chapter 3 – Parliament and Laws

Chapter 3 – Parliament and Laws

 

1. Why do we need a Parliament? (Why do we need a Parliament?)

• India is a democracy, and in a democracy, people choose the government.
• Parliament is the supreme law-making body of our country.
• It enables citizens to have control over the government.
• People elect their  representatives to the Parliament.
• These representatives in Parliament raise the voice of the people and protect their interests.

 

2. Why should people make decisions? (Why should People Decide?)

• During the colonial rule, the Indian people did not agree with the decisions of the British.
• He fought for freedom and wanted to take his own decisions in independent India.
•  Universal Adult Franchise: The right that all citizens of  18 years of age or older have the right to vote without any discrimination.
• It is a key tenet of democracy and ensures that all citizens get an equal role in choosing the government.

 

3. Who forms the Parliament? (Who makes up the Parliament?)

The Parliament of India consists of three organs:

1. President : Head of the country.
2. Lok Sabha – House of the People:

• • It is the lower house  of Parliament.
  • Its members are directly elected by the people (direct elections).
  • Maximum number of members 543+2 (2 Anglo-Indians who could be nominated by the President, this provision has now been removed). There are currently 543 elected members.
  • Its tenure is  5 years.
  • It can pass a  no-confidence motion against the government.

iii. Rajya Sabha (Council of States):

• • It is the Upper House  of Parliament.
  • Its members are indirectly elected (by the members of the state legislatures).
  • Maximum number of members 245 (233 elected + 12 nominated by the President).
  • Its tenure is permanent, but one-third of its members retire every 2 years.
  • It represents the interests of the States.

 

4. Functions of the Parliament

The following are the main functions of the Parliament:

1. To Select the National Government:

• • After the Lok Sabha elections, the political party or alliance that gets the majority forms the government.
  • Executive : The person who is responsible for enforcing laws and running the administration. They usually come from the ruling party.
  • Prime Minister: The leader of the ruling party.

1. To Control, Guide and Inform the Government:

• •   The Question Hour is an important way in which MPs get information about the functioning of the government and ask questions.
  • The Government has to be accountable to Parliament.
  •  The opposition has an important role to play – they highlight the shortcomings in the policies and programmes of the government.

iii.  Law-Making:

• • The most important function of the Parliament is to make laws.
  • For any new law, a bill is introduced.
  • The bill has to be passed by both the Houses  (Lok Sabha and Rajya Sabha).
  • When both the Houses pass the bill, it  is sent to the President‘s assent.
  • After the assent of the President,  the bill becomes a law.

 

5. How are laws made? (How are Laws Made?)
6. Introduction of a Bill: A bill can be introduced in either house of the parliament.
7. Debate and Discussion: Bills are discussed and debated in detail in the House.

iii.  Referral to Committee (Optional): Sometimes, the bill is referred to a parliamentary committee which examines it.

1. Voting: The bill is put to vote by the members of the House. If it is passed, it is sent to the other House.
2. Passage in the Other House: The second House also debates and votes on it.
3. President’s Assent: After being passed by both the Houses, the bill goes to the President. Once the President gives his assent, it becomes a law.

 

6. Unpopular and Controversial Laws

• Sometimes, the parliament may pass laws that people find unfair or harmful.
• In such cases, people can express their dissent through protests, public meetings and newspapers.
• If a large number of people feel that a law is wrong, Parliament may have to reconsider that law.
•  Role of Judiciary: If a law violates the Constitution, the judiciary (Supreme Court or High Court)   can strike it down. This is  called  a judicial review.