June 19, 2021

Legislature : Introduction, Types, and Functions

INTRODUCTION:-
Legislature makes laws, Judiciary interprets them and the executive enforces them. The legislature is that organ of the government which passes the laws of the government. It is the agency which has the responsibility to formulate the will of the state and vest it with legal authority and force.


In simple words, the legislature is that organ of the government which formulates laws.
Legislature enjoys a very special and important in every democratic state. It is the assembly of the elected representatives of the people and represents the national public opinion and power of the people. There is different enactment definition given in various sources. There are three forces into which administrative forces are partitioned. State list, association list, and simultaneous rundown. While legal laws are the fundamental structure of law that is needed by the cutting edge general set of laws. Moreover, subordinate enactment and incomparable enactment are the two kinds of the law-making body. The legislative powers of state had center are defined in three different lists.

1.) State List:
This list consists of 61 items that are covered by the state legislative. Here, the assembly has the author that is applicable in that particular state.

2.)Union List:
This list has a total of 100 items in which only the parliament has exclusive powers.

3.)Concurrent List:
In this list, there are a total of 52 items where both the state legislature and parliament has the authority to make their own laws.


TYPES OF LEGISLATURE:-
The law-making body can be of two sorts: unicameral and bicameral. Allow us to perceive how they contrast from one another:

1.) Unicameral Legislature:
Unicameral law-making body alludes to the act of having just a single parliamentary or authoritative chamber to perform administrative exercises or capacities like passing a financial plan, establishing laws, supervise the organization, examining matters of public or worldwide significance. A large portion of the nations on the planet have a unicameral council, for example Norway, Sweden, New Zealand, Iran, Hungary, China, Sri Lanka etc.This kind of council is viewed as the best assembly as the law-making technique is straightforward and there are less odds of halts or gridlocks. Besides, a solitary chamber government need less assets and can be overseen by less delegates that help set aside a great deal of cash and season of the public authority. The individuals from the unicameral law-making body are straightforwardly chosen by individuals of the country.

2.) Bicameral Legislature:
The bicameral council alludes to the law-making body of a country that has two separate houses, gatherings or chambers to perform administrative capacities like instituting laws, passing the spending plan, and so forth Its primary target is to address individuals from every one of the areas or social orders of the country. A portion of the nations where the bicameral law-making body is embraced incorporate India, Canada, Japan, Spain, Italy, and the United Kingdom and so on Every nation follows its own particular technique to choose individuals from the two houses. These chambers or houses are not the same as one another as far as the quantity of seats, powers, casting a ballot interaction, etc. The bicameral framework may not be just about as productive as the unicameral framework as there are two chambers for law-making so it might require some investment to a pass a law since the law should be endorsed by both the chambers.

FUNCTIONS OF LEGISLATURE

  1. The basic function of the legislature is to make laws. It can not only make laws but also amend and repeal them. The greatest emphasis has been put on the law making powers of the legislature. Only those bills can be passed which enjoy the support of a majority of a members of the legislature, who represents the people.
  2. A legislature performs the financial functions. It has control over the budget. Ordinarily, the lower house has more control over money bills than the upper house.
  3. The legislature exercises control over the executive in many ways. In parliamentary form of government, only those persons can form the ministry who enjoy the confidence of the legislature; they have to resign as soon as they lose their confidence.
  4. The legislature can set up commission of inquiry to examine the working of certain departments of the government. This is particularly the case with presidential form of government.
  5. Great emphasis is put on the function of controlling the executive that many statesmen put in the first category of the function of the legislature.
  6. Legislature also has the judicial functions. Cases of impeachment are tried by the legislature.
  7. In some countries, the legislature are given the power to change or amend the constitution of the country. The Indian parliament has the power to amend certain provisions of the constitution by following a certain procedure.
  8. In some countries, the legislature acts as an electoral board. In India, the president is elected by the members of the parliament and the state legislature.
  9. Legislature also works as an organ of inquest or inquiries. They appoint commissions of inquiry to collect information, receive memoranda, hear evidence and make recommendations on problems facing the country.

Aishwarya Says:

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