Unicameral and Bicameral Legislatures in India
The Indian Constitution provides for a bicameral legislature at the Union level and gives states the option to have either a unicameral or bicameral legislature, depending on their preferences and circumstances. The concept of bicameralism and unicameralism pertains to the structure of the legislative bodies of the government.
- Unicameral and Bicameral Legislatures
Unicameral Legislature: A unicameral legislature has only one legislative chamber (house) that carries out all the legislative functions. India allows states the option to have a unicameral legislature if they choose not to have a Legislative Council (second house). For example, States like Haryana, Kerala, and Punjab have unicameral legislatures consisting of a single legislative body (the Legislative Assembly).
Bicameral Legislature: A bicameral legislature has two separate chambers (houses) to carry out the legislative work. At the Union level, India has a bicameral legislature, consisting of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Some Indian states, such as Bihar, Karnataka, Maharashtra, and Uttar Pradesh, also have bicameral legislatures, consisting of the Legislative Assembly (Vidhan Sabha) and the Legislary Council (Vidhan Parishad).
- Composition, Powers, and Functions of the Union Legislature (Part V, Chapter 2)
The Union Legislature is the supreme legislative body at the national level. It is tasked with formulating laws and policies for the entire country. Part V, Chapter 2 of the Indian Constitution deals with the Union Legislature, which is bicameral (composed of two houses).
(a) Composition of the Union Legislature
The Union Legislature consists of two houses:
- Lok Sabha (House of the People):
– The Lok Sabha is the lower house of the Union Legislature.
– It is composed of members directly elected by the people of India, through general elections held every five years.
– The maximum strength of the Lok Sabha is 552 members, of which 530 members represent the states, 20 members represent Union Territories, and 2 members are nominated by the President to represent the Anglo-Indian community (this provision has now been abolished by the 104th Constitutional Amendment Act, 2019).
– The members of the Lok Sabha are elected using the First Past the Post (FPTP) system, with each constituency electing one member.
- Rajya Sabha (Council of States):
The Rajya Sabha is the upper house of the Union Legislature.
It is a permanent body and cannot be dissolved.
The Rajya Sabha is composed of 250 members in total, out of which 238 members are elected by the members of State Legislative Assemblies and Union Territories, and the President nominates 12 members. The nominated members are generally individuals who have expertise in fields like literature, science, arts, or social services. Members of the Rajya Sabha are elected for a term of 6 years, and one-third of the members retire every two years, ensuring continuity.
(b) Powers of the Union Legislature
The Union Legislature is vested with a wide range of powers under the Constitution. Some of the key powers include:
Legislative Powers: The Union Parliament can make laws on matters listed in the Union List and Concurrent List of the Seventh Schedule of the Constitution.
Budget and Appropriations: The Lok Sabha has the exclusive power to approve the annual Union Budget. No money bill can be introduced in the Rajya Sabha.
Impeachment Powers: The Union Legislature has the power to impeach the President (under Article 61) for violation of the Constitution.
Treaties and Agreements: The Parliament has the power to ratify international treaties and agreements entered into by India.
Amendment of the Constitution: Parliament can amend the Constitution through a special procedure involving a majority of both houses (Article 368).
(c) Functions of the Union Legislature
The functions of the Union Legislature include:
Legislation: The primary function of Parliament is to make laws on subjects listed in the Union and Concurrent Lists.
Control over the Executive: The Parliament holds the Executive accountable by questioning government actions, debating issues of public concern, and passing motions of no confidence against the government.
Appropriation of Funds: The Union Legislature approves government expenditure by passing money bills.
Judicial Functions: The Union Legislature has the authority to remove the President, Vice President, judges of the Supreme Court, and the Comptroller and Auditor General of India through the impeachment process.
- Composition, Powers, and Functions of the State Legislature (Part VI, Chapter 3)
The State Legislature is a vital component of India’s federal structure. It is responsible for making laws concerning the states, as well as monitoring the activities of the state government. Part VI, Chapter 3 of the Constitution governs the state legislature, and it may be either unicameral or bicameral, depending on the state.
(a) Composition of the State Legislature
– Unicameral Legislature: A unicameral legislature is composed of a single legislative body, the Legislative Assembly (Vidhan Sabha). For instance, States like Kerala, Punjab, and Haryana have a unicameral legislature. Members are elected directly by the people of the respective states.
Bicameral Legislature: States with bicameral legislatures have two houses:
- Legislary Assembly (Vidhan Sabha): This is the lower house, and its composition is similar to the Lok Sabha in the Union Legislature. Members of the Legislative Assembly are directly elected by the people from constituencies within the state.
– The maximum strength of the Legislative Assembly is 500 members, but it can vary from state to state. Members serve 5-year terms.
- Legislary Council (Vidhan Parishad): This is the upper house, and it is a permanent body that cannot be dissolved. The composition of the Legislative Council is determined by the ratio of members elected by Legislative Assemblies, graduates, teachers, and local authority members. Some members are also nominated by the Governor.
– The total number of members cannot exceed 1/3rd of the Legislative Assembly. Members serve 6-year terms, with one-third retiring every two years.
(b) Powers of the State Legislature
The powers of the State Legislature are similar to those of the Union Legislature but are confined to subjects in the State List and Concurrent List:
– Legislative Powers: The State Legislature has the power to make laws on matters listed in the State List (such as police, agriculture, etc.). It also shares the power to legislate on matters in the Concurrent List with the Union Legislature.
– Money Bills: Like the Union Parliament, the State Legislature has the power to introduce money bills (concerning taxes and government expenditure). However, the Legislative Assembly of a state has the exclusive power to introduce money bills. The Legislary Council can only make recommendations but cannot reject a money bill.
– Impeachment Powers: Similar to the Union Legislature, the State Legislature has the authority to remove the Governor through impeachment, though this process is rarely used.
(c) Functions of the State Legislature
The functions of the State Legislature are mainly to:
Legislate on State Matters: The State Legislature has the authority to make laws concerning state-specific issues such as health, local government, land revenue, etc.
Control the State Government: The Legislature ensures that the actions of the State Executive are accountable to the people through debates, questions, and motions.
Financial Control: The State Legislature passes the State Budget and ensures that government spending is in line with legislative approval.
Conclusion
In conclusion, the Union Legislature and State Legislature are two essential components of India’s legislative system. The Union Legislature is bicameral and comprises the Lok Sabha and Rajya Sabha, with significant powers to enact laws for the entire country and regulate the functioning of the Union government. On the other hand, State Legislatures can be unicameral or bicameral, with their powers mainly focusing on state-level matters.
The bicameral system at the Union level provides a separation of powers between the Lok Sabha and Rajya Sabha, with the former representing the people of India and the latter representing the states. The State Legislatures have similar functions, including legislation, control over the executive, and financial functions, although their composition and powers can vary depending on whether the state has a unicameral or bicameral structure.
Both the Union and State Legislatures play a crucial role in India’s federal democracy, ensuring that laws are passed, the government is held accountable, and citizens’ rights are protected.