Legislature

Election of the Speaker: The Lok Sabha has a Speaker who presides over the sessions and conducts its proceedings. He is one of the members of the Lok Sabha. The Lok Sabha elects him in its first sitting. The man who gets the majority is elected as the Speaker of Lok Sabha. He has to conduct the business of the House impartially.

Powers of the Speaker —

1. To preside over the meeting of the Lok Sabha.

2. To grant permission for the introduction of the bills in the House.

3. To appoint the chair-person and other members of the select committees.

4. To protect the privileges of the members of the Lok Sabha.

5. To maintain discipline in the House.

6. To determine whether a bill is a money bill or not.

Tips: -

M. Imp.

We know that the Lower House of the Parliament i.e. the Lok Sabha has more power to control the executive but rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations.

The Parliament has the power to make laws regarding the subjects given in the Union List and it is also empowered to pass laws concerning the subjects given in the Concurrent List.

The members of the Lok Sabha express their views on the bill when it is discussed in the lower house. They express the popular sentiments and the expectations of the people of their constituencies. The supporters of the bill argue in its favour while those who are opposed to the bill, point out the defects of the bill before the House and recommend for its modification and rejection. There is a clause by clause discussion on the bill. The money bills have to be introduced in the Lok Sabha and not in the Rajya Sabha.

There are the following limitations on the powers of State Legislature:

1. The bills, which seek to impose restrictions on the freedom of inter-state trade, cannot be moved in the State Legislature without the prior approval of the President.

2. The bills relating to the acquisition of private property for public purpose, after having been passed by the State Legislature, must be referred by the Governor to the President for his final approval.

3. If the Rajya Sabha passes a resolution by 2/3 majority of the members present and voting that a certain subject given in the State List has assumed national importance and, therefore, the Parliament should legislate on it, the State Legislature will not legislate on that subject.

4. Parliament can legislate on state subjects if that becomes necessary to fulfil any international treaty obligation.

5. When a proclamation of emergency is in operation, the Union Parliament is empowered to legislate with respect to any subject given in the State List.

6. State Legislature cannot initiate any amendment in the Constitution. A major portion of the Constitution can be amended by the Parliament itself; it does not require the approval of the States.

7. Parliament can make laws for a particular State on the State List when that State is placed under President’s Rule.

In the light of above question, we can say that in a parliamentary form of government it is necessary to get the government bills passed. Otherwise the government will collapse. Because the executive is accountable to the Lower House if a bill introduced by the minister does not succeed to be passed in Lok Sabha that means the party or the coalition of parties in power has lost the majority in the Lok Sabha and hence the government has to resign. To avoid this condition the majority party on combine has to often get the government bills passed. But it doesn’t mean that there is not any role of the Parliament in the law-making process.

A bill is introduced in either house of Parliament in case of non-money bill and the money bills are introduced in the Lok Sabha only. There can be different types of bills. When a non-minister proposes a bill, it is called private member’s bill. A bill proposed by the minister is called government bill. Even before a bill is introduced in the Parliament, there may be a lot of debate on the need for introducing such a bill. If the members of the majority party or coalition of the parties see that the particular bill does not fulfil the needs of the people they can pressurise the government to withdraw the same bill but if the bill is in the interest of the people, the political party may pressurise the government to initiate the bill. The bill has to go through different stages.

A lot of discussion takes place in the committees. The recommendations are sent to the House. In the third and final stage, the bill is voted upon. After passing the bill it is sent to the other House and it goes to the same procedure. The money bill can not be denied by the Rajya Sabha. It can delay it for 14 days only. After 14 days the money bill is deemed to have been passed. The ordinary bill has to be passed by both the Houses. If there is a tussle between the two Houses, an attempt is made to resolve it through a joint session of Parliament. But at all stages, the members of the Parliament take part in the discussions. And thus the role of the Parliament is most important in the law-making process.