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The Legislature | ISC Class 12 Political Science Notes

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This note covers the meaning of a legislature; why India and the USA have bicameral parliaments; the composition, method of election and tenure of the Lok Sabha, the Rajya Sabha, the House of Representatives and the Senate, including their total strengths; the legislative, constituent, executive, judicial, electoral and financial functions of a legislature; the powers of the House of Representatives and of the Senate, and why the Senate is considered the world's most powerful second chamber; the special powers of the Rajya Sabha; how Parliament controls the executive; and a comparison of the Rajya Sabha with the Senate and the Lok Sabha with the House of Representatives.

What is a legislature and why is it important?

Definition: Legislature. The elected body of representatives that makes laws on behalf of the people and holds the executive accountable to them.

A legislature is not merely a law-making body; law making is only one of its functions.

It is the centre of all democratic political process, packed with action such as walkouts, protests, demonstrations, unanimity, concern and cooperation, and these serve very vital purposes.

A genuine democracy is inconceivable without a representative, efficient and effective legislature, because the legislature also helps people hold their representatives accountable; this is the very basis of representative democracy.

In most democracies, including India, legislatures have been losing central place to the executive: the Cabinet initiates policies, sets the agenda for governance and carries them through, which has led critics to remark that the legislature has declined.

Even very strong cabinets, however, must retain a majority in the legislature, and a strong leader has to face the legislature and answer to its satisfaction.

On account of its composition, the legislature is the most representative of all organs of government, and it is vested with the power to choose and dismiss the government.

Why do India and the USA both have a bicameral legislature?

Definition: Bicameral and unicameral legislature. A bicameral legislature has two Houses; a unicameral legislature has only one House.

Countries with large size and much diversity usually prefer two Houses so that all sections of society and all geographical regions get representation.

A bicameral legislature also allows every decision to be reconsidered: a bill passed in haste by one House goes to the other House, which gives a double check on every matter.

In India, the Constitution left it to the States to choose a unicameral or bicameral State legislature; at the time of the source chapter, only six States had a bicameral legislature: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

The USA is also a large and diverse federation, and its Congress is bicameral for the same federal reason: the House of Representatives gives representation on the basis of population, and the Senate gives equal representation to every state, so that both the people and the component states of the union are represented.

How are the Lok Sabha and the Rajya Sabha composed?

The Rajya Sabha (Council of States) represents the States of India and is an indirectly elected body: residents of a State elect members to the State Legislative Assembly, and the elected members of the Assembly in turn elect the members of the Rajya Sabha.

The number of members to be elected from each State is fixed by the Fourth Schedule of the Constitution, and representation is based on population rather than on strict equality between States, so a more populous State such as Uttar Pradesh sends 31 members while a smaller and less populous State such as Sikkim has only one seat.

The Rajya Sabha has a maximum strength of 250 members: up to 238 elected members representing the States and Union Territories, and twelve nominated members. With the present allocation of seats, its actual strength is 245.

Note: The permanent House. Members of the Rajya Sabha are elected for a term of six years and can be re-elected.

Every two years, one-third of the members complete their term and elections are held only for those seats, so the Rajya Sabha is never fully dissolved and is called the permanent House of Parliament.

Apart from elected members, the Rajya Sabha has twelve nominated members, nominated by the President from among persons who have made their mark in literature, science, art and social service.

The Lok Sabha (House of the People), like the State Legislative Assemblies, is directly elected by the people.

The country is divided into territorial constituencies of roughly equal population, and one representative is elected from each constituency by universal adult suffrage. At present there are 543 constituencies, a number unchanged since the 1971 census.

The Lok Sabha is elected for a maximum period of five years, but it can be dissolved earlier if no party or coalition can form the government, or if the Prime Minister advises the President to dissolve it and hold fresh elections.

Lok Sabha versus Rajya Sabha: composition at a glance

FeatureLok SabhaRajya Sabha
Method of electionDirectly elected by universal adult suffrage from territorial constituenciesIndirectly elected by elected members of State Legislative Assemblies
Strength basis543 constituencies, unchanged since the 1971 censusNumber per State fixed by the Fourth Schedule, based on population; maximum 250, present strength 245
Nominated membersNone mentionedTwelve, nominated by the President for distinction in literature, science, art or social service
TenureMaximum five years, can be dissolved earlierSix years per member, can be re-elected
ContinuityFully dissolved and re-electedNever fully dissolved; one-third retire every two years, hence a permanent House

How are the House of Representatives and the Senate composed?

The United States Congress is also bicameral, consisting of the House of Representatives and the Senate.

The House of Representatives is directly elected, with seats apportioned among the states on the basis of population, and its members serve a short term of two years, after which the entire House faces re-election. The House has a fixed total of 435 members.

The Senate gives equal representation to every state, with two senators from each state regardless of its size or population, and senators serve a longer term of six years, with roughly one-third of the Senate elected every two years, so that, like the Rajya Sabha, the Senate too is never fully dissolved at once. With two senators from each of the 50 states, the Senate has 100 members.

This difference in the basis of representation mirrors the choice India faced for the Rajya Sabha: the American system gives every state equal representation (symmetrical representation), which is the method the framers of the Indian Constitution chose not to follow for the Rajya Sabha, preferring instead to weight representation by population so that a populous State gets more seats than a smaller one.

House of Representatives versus the Senate: composition at a glance

FeatureHouse of RepresentativesSenate
Basis of representationPopulation of the stateEqual representation: two senators per state
Total strength435 members100 members
Method of electionDirectly electedDirectly elected
TenureTwo yearsSix years, with about one-third re-elected every two years
ContinuityEntire House elected afresh each termNever fully dissolved at once

What functions does a legislature perform?

A legislature performs several functions beyond law making. The functions listed for the Indian Parliament are:

  • Legislative function: the Parliament enacts legislation, though in practice it often merely approves bills whose drafting and timing are decided by the Cabinet and the bureaucracy under the concerned minister.
  • Control of the executive and ensuring its accountability: perhaps the most vital function, ensuring the executive does not overstep its authority and remains responsible to the people.
  • Financial function: the legislature controls taxation and the way money raised by the government is used, through the budget and annual financial statements, and any new tax needs the approval of the Lok Sabha.
  • Representation: Parliament represents the divergent views of members from different regional, social, economic and religious groups across the country.
  • Debating function: Parliament is the highest forum of debate, with no limitation on its power of discussion, allowing it to analyse any issue facing the nation.
  • Constituent function: Parliament has the power to discuss and enact changes to the Constitution; all constitutional amendments need a special majority of both Houses, and the constituent powers of the two Houses are similar.
  • Electoral functions: Parliament elects the President and Vice President of India.
  • Judicial functions: Parliament considers proposals for removal of the President, Vice President, and Judges of the High Courts and Supreme Court.

The same broad categories (legislative, constituent, executive-controlling, judicial, electoral and financial) apply to the United States Congress, though the balance between the two Houses differs, as described below for the Senate's unique powers.

How does the United States Congress perform its functions?

In the United States the two chambers share the legislative function: a bill must pass both the House of Representatives and the Senate before it can become law, and each chamber can amend or reject what the other has passed.

The constituent function belongs to Congress as a whole: amendments to the Constitution are proposed by a two-thirds majority in each chamber and then ratified by the legislatures of three-fourths of the states.

The executive function of control works differently from India. The President and the ministers are not members of Congress and do not depend on its confidence, so there is no no-confidence motion. Congress instead checks the executive through its standing committees, its power to investigate the administration, its control of appropriations, and the Senate's powers over treaties and appointments.

The financial function is exercised through Congress's control of taxation and spending: revenue bills originate in the House of Representatives, and no money can be spent without an appropriation voted by Congress.

The judicial function is shared: the House brings charges of impeachment, the Senate tries them, and the Senate also confirms the federal judges appointed by the President.

The electoral function appears in the choice of a President or Vice President when no candidate wins a majority in the Electoral College: the House elects the President and the Senate elects the Vice President.

What are the special powers of the Rajya Sabha?

In general, in the passing of non-money bills, constitutional amendments, and the impeachment of the President or removal of the Vice President, the powers of the Lok Sabha and the Rajya Sabha are co-equal.

However, the Rajya Sabha has certain special powers of its own, as it is meant to protect the powers of the States:

  • It can authorise the Union Parliament to make laws on a matter in the State List, if it decides by the required majority that this is necessary in the national interest.
  • It can alone initiate the procedure for the removal of the Vice President.
  • It considers and approves non-money bills, and may only suggest amendments to money bills.
  • It participates in the election and removal of the President and the Vice President, and in the removal of Judges of the Supreme Court and High Courts.
  • It exercises control over the executive by asking questions and introducing motions and resolutions.

Certain powers belong only to the Lok Sabha: the Rajya Sabha cannot initiate, reject or amend money bills, and since the Council of Ministers is responsible to the Lok Sabha and not to the Rajya Sabha, the Rajya Sabha can criticise the government but cannot remove it through a no-confidence motion.

The Constitution reserves these crucial powers, removing a government and controlling finances, for the House that is directly elected by the people, because the Rajya Sabha is elected only by MLAs.

Experience shows that members of the Rajya Sabha represent their parties more than they represent their States.

Note: Article 109. Article 109 lays down the special procedure for Money Bills, beginning with the provision that "A Money Bill shall not be introduced in the Council of States."

What are the unique powers of the Senate, and why is it called the world's most powerful second chamber?

The United States Senate holds several powers that are not shared with the House of Representatives, and it is these exclusive powers, combined with its equal legislative standing with the House, that lead the Senate to be called the world's most powerful second chamber.

Unlike most upper chambers (including the Rajya Sabha on money matters), the Senate has full, co-equal power over ordinary legislation with the House of Representatives: no bill, including an appropriations bill, can become law without the Senate's agreement.

On top of this co-equal legislative power, the Senate alone:

  • ratifies treaties negotiated by the President, by a two-thirds majority of senators present;
  • confirms major presidential appointments, including federal judges, ambassadors and cabinet officers, by a simple majority;
  • tries impeachment cases: the House brings the charges (impeachment), but the Senate conducts the trial and convicts by a two-thirds majority, with the Chief Justice presiding when the President is tried; and
  • elects the Vice President if no candidate wins a majority in the Electoral College (the House elects the President in that situation).

The Senate also permits unlimited debate, a tradition that makes possible the filibuster, a device of obstruction by prolonged speech that can be carried to the point of effectively blocking a bill unless a sufficient majority votes for cloture to end debate.

This power to delay, together with its treaty, appointment and impeachment-trial powers and its equality with the House on ordinary law making, is what makes the Senate unusually powerful compared with second chambers elsewhere, including the Rajya Sabha, which cannot block money bills or remove a government.

How does Parliament make a law?

The passage of a bill follows a fairly technical and even tedious procedure, partly laid down in the Constitution and partly evolved through convention.

A bill is a draft of a proposed law; a bill proposed by a minister is a government bill, and one proposed by a non-minister is a private member's bill.

Within this, bills may be ordinary bills, money bills or Constitution amendment bills.

  1. Before introduction, there is debate on the need for the bill; once the Cabinet approves the policy, the concerned ministry drafts the bill.
  2. The bill is introduced in either House (a money bill can be introduced only in the Lok Sabha), usually by the minister responsible for the subject.
  3. A large part of the discussion takes place in committees, which examine the bill in detail and send their recommendations to the House; this is why committees are called "miniature legislatures".
  4. The House holds a detailed discussion of the bill and then votes on it, accepting or rejecting it.
  5. If passed by one House, a non-money bill is sent to the other House, where it goes through the same procedure of discussion, committee reference and voting.
  6. If the two Houses disagree, an attempt is made to resolve the deadlock through a Joint Session of Parliament; in the few such sessions held, the decision has always favoured the Lok Sabha.
  7. For a money bill, the Rajya Sabha can only approve it or suggest changes within 14 days (it is deemed passed if the Rajya Sabha takes no action); the Lok Sabha may or may not accept the Rajya Sabha's suggested amendments.
  8. Once passed by both Houses (or deemed passed for a money bill), the bill is sent to the President, whose assent results in its enactment into law.

Draw and label

Stages in the passage of a bill into law

Draw a flowchart beginning with "concerned minister proposes the need for a bill", followed by drafting by the law ministry's legislative department, introduction in a House, reference to a committee, the committee's report, detailed discussion and voting in the House, transmission to the other House for its approval or recommendations, a Joint Session of Parliament if required, and finally the President's assent, after which the bill becomes law.

How does Parliament control the executive?

In a parliamentary democracy the executive is drawn from the party or coalition with a majority in the Lok Sabha, so it could easily exercise unlimited and arbitrary power unless Parliament stays active and vigilant; left unchecked, this could slip into what the chapter calls "Cabinet dictatorship".

Basic to all forms of control is parliamentary privilege: no action can be taken against a member for whatever they say in the legislature, and the presiding officer has the final say on any breach of privilege.

  1. Deliberation and discussion: members deliberate on policy and implementation during law making and general discussions, including Question Hour (where ministers must answer searching questions), Zero Hour (where members may raise any matter, though ministers need not reply), half-an-hour discussions on matters of public importance, and adjournment motions.
  2. Approval or refusal of laws: a bill becomes law only with Parliament's approval; even a government with a disciplined majority must negotiate, and if it lacks a majority in the Rajya Sabha (as happened during the Janata Party rule in 1977 and the N.D.A. rule in 2000) it may be forced to make substantial concessions, as with the Prevention of Terrorism bill (2002), which the Rajya Sabha rejected.
  3. Financial control: the government must present its budget for Parliament's approval before it can spend; the Lok Sabha can discuss the reasons for which money is sought and enquire into misuse of funds through the Comptroller and Auditor General's reports and the Public Accounts Committee, so that the legislature also controls the policies reflected in the budget.
  4. No-confidence motion: the most powerful weapon for ensuring executive accountability; while the government retains majority support it is largely fictional, but after 1989 several governments were forced to resign for lacking the confidence of the House, usually after losing the support of coalition partners.

Effective control, however, needs adequate time, members willing to participate and discuss, and a willingness to compromise between government and opposition; in recent decades, the chapter notes a gradual decline in the sessions of the Lok Sabha and State Assemblies and the time spent on debate, along with disturbances such as absence of quorum and boycotts by the opposition.

Rajya Sabha versus the Senate: how do they differ?

FeatureRajya SabhaSenate (USA)
Representation basisWeighted by State population, under the Fourth ScheduleEqual, two senators per state regardless of population
Method of electionIndirectly elected by State Legislative Assembly members, plus 12 nominated membersDirectly elected by the people of each state
Power over money billsCan only suggest amendments; cannot reject a money billCo-equal power with the House over all legislation, including appropriations
Power to remove the governmentCannot pass a no-confidence motion against the Council of MinistersNot applicable; tries impeachment of the President instead, with a two-thirds vote needed to convict
Distinctive extra powerCan alone authorise Parliament to legislate on a State List subject, and alone initiate removal of the Vice PresidentAlone ratifies treaties and confirms major presidential appointments

The Rajya Sabha's special powers are tied to protecting the States and the federal balance, while the Senate's unique powers are tied to checking the President's treaty-making, appointment and (in effect) removal powers, which is why the Senate is considered far more powerful relative to its Lower House than the Rajya Sabha is relative to the Lok Sabha.

Lok Sabha versus the House of Representatives: how do they differ?

FeatureLok SabhaHouse of Representatives (USA)
TenureUp to five years; can be dissolved earlierTwo years; entire House re-elected each term
Control over the executiveCan remove the Council of Ministers through a no-confidence motion, since the ministry is responsible to itDoes not vote the executive out; instead it alone can bring charges of impeachment against the President
Money billsAlone can introduce a money bill; the Rajya Sabha can only suggest changesTraditionally originates revenue bills, with the Senate able to amend them
Relationship to the executiveThe executive (Council of Ministers) is drawn from and answerable to this House, as in a parliamentary systemThe executive (the President) is separately elected and not drawn from this House, as in a presidential system

Because India has a parliamentary system and the United States a presidential one, the Lok Sabha's control over the executive is direct, through the power to make and unmake governments by a no-confidence motion, whereas the House of Representatives' control is indirect, through its law-making, financial and impeachment powers, since the President does not depend on it for continuance in office.

What are the powers of the House of Representatives?

The House of Representatives is the chamber closest to the people, since its 435 members are elected directly from population-based constituencies for only two years. Its powers fall into four groups.

  • Legislative powers: it shares with the Senate the power to make laws, and no ordinary bill can become law without its agreement.
  • Financial powers: all bills for raising revenue must originate in the House, and it votes the appropriations without which the government cannot spend.
  • Executive and judicial powers: it alone can bring charges of impeachment against the President, the Vice President and other federal officers; the trial itself is held in the Senate.
  • Electoral power: if no candidate wins a majority in the Electoral College, the House elects the President.

Its control over the executive is therefore indirect. The President is separately elected and stays in office for a fixed term, so the House cannot remove the government by a vote of no confidence as the Lok Sabha can. It checks the administration through legislation, the purse and impeachment instead.

Going beyond the syllabus

These ideas extend the unit and are not needed for the questions on it. They are useful background on how a legislature works in practice.

How does Parliament regulate its own working?

Parliament also regulates its own working through committees and rules of procedure. Since 1983, India has developed over twenty departmentally related parliamentary standing committees, which supervise the work, budgets and expenditure of government departments and examine bills relating to them.

Joint Parliamentary Committees (JPCs), with members from both Houses, may be set up to discuss a particular bill or to investigate financial irregularities; the committee system has reduced the burden on Parliament, which rarely rejects a committee's suggestions, though legally no bill or budget becomes final without Parliament's own approval.

Parliament also disciplines its own members through the anti-defection law, added by the 52nd Amendment Act of 1985 and later modified by the 91st Amendment.

A member is deemed to have defected if they remain absent from the House against the party's instructions, vote against the party's instructions, or voluntarily leave their party; the presiding officer decides such cases, and a member found to have defected loses their seat and is disqualified from holding political office.

Experience over the following decades suggests the law has not fully curbed defections, but it has given additional power to party leaderships and presiding officers over individual members.

Glossary

  • Legislature: the elected body of representatives that makes laws and controls the executive on behalf of the people.
  • Bicameral legislature: a legislature with two Houses, allowing every decision to be reconsidered by the second House.
  • Unicameral legislature: a legislature with only one House.
  • Lok Sabha: the directly elected Lower House of the Indian Parliament, with 543 constituencies.
  • Rajya Sabha: the indirectly elected Upper House of the Indian Parliament, representing the States, never fully dissolved.
  • Fourth Schedule: the part of the Constitution fixing the number of Rajya Sabha seats allotted to each State.
  • House of Representatives: the directly elected chamber of the United States Congress, with 435 members apportioned among states by population and serving two years.
  • Senate: the chamber of the United States Congress giving equal representation to every state, with 100 members serving six years.
  • Money bill: a bill dealing with taxation or government expenditure; it can be introduced only in the Lok Sabha.
  • Joint Session: a meeting of both Houses of the Indian Parliament together, used to resolve a deadlock on a non-money bill.
  • Filibuster: a device of prolonged debate in the US Senate used to delay or effectively block a vote on a bill.
  • Impeachment: the formal process of charging a holder of high office with misconduct, with trial by another body.
  • No-confidence motion: a motion in the Lok Sabha that, if passed, forces the Council of Ministers to resign.
  • Question Hour: the daily period of a Parliament session when ministers must answer members' questions.
  • Private member's bill: a bill introduced by a member who is not a minister, as distinct from a government bill.

Common errors and misconceptions

  • Misconception: the Rajya Sabha and the Lok Sabha have exactly equal powers in every respect. Correct: they are co-equal for most functions, but only the Lok Sabha controls money bills and can pass a no-confidence motion.
  • Misconception: the Senate and the Rajya Sabha are similar bodies because both are "upper Houses". Correct: the Senate has full co-equal power over ordinary legislation and exclusive powers of treaty ratification, appointment confirmation and impeachment trial, which the Rajya Sabha does not have.
  • Misconception: the Rajya Sabha can be fully dissolved like the Lok Sabha. Correct: only one-third of its members retire every two years, so it is never fully dissolved and is called the permanent House.
  • Misconception: the House of Representatives has no special powers of its own. Correct: revenue bills must originate there, it alone brings impeachment charges, and it elects the President if no candidate wins an Electoral College majority.
  • Misconception: the twelve nominated members of the Rajya Sabha are elected. Correct: they are nominated by the President for distinction in literature, science, art or social service.
  • Misconception: the House of Representatives can remove the US President the way the Lok Sabha can remove the Council of Ministers. Correct: the House can only bring impeachment charges; conviction and removal need a two-thirds vote in the Senate.
  • Misconception: only the Lok Sabha performs electoral and judicial functions. Correct: the Rajya Sabha also participates in electing the President and Vice President and in removing judges, and can alone initiate removal of the Vice President.

Exam-style questions with model answers

Q1. State the total strength of the Rajya Sabha and the number of its nominated members. [1 mark]
  1. The Rajya Sabha has a maximum strength of 250 members, of whom twelve are nominated by the President.
Q2. Define a bicameral legislature and name the two Houses of the Indian Parliament. [2 marks]
  1. A bicameral legislature is a legislature with two Houses, so that every decision can be reconsidered by the second House.
  2. The two Houses of the Indian Parliament are the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
Q3. Explain any four powers of the House of Representatives. [4 marks]
  1. Legislative power: it shares with the Senate the power to make laws, and no ordinary bill becomes law without its agreement.
  2. Financial power: all bills for raising revenue must originate in the House, and it votes the appropriations needed for spending.
  3. Impeachment: it alone can bring charges of impeachment against the President, the Vice President and other federal officers, though the trial is held in the Senate.
  4. Electoral power: if no candidate wins a majority in the Electoral College, the House elects the President.
Q4. Distinguish between the Rajya Sabha and the Senate on the basis of method of election and power over money bills. [4 marks]
  1. The Rajya Sabha is indirectly elected by the elected members of the State Legislative Assemblies, while the Senate is directly elected by the people of each state.
  2. The Rajya Sabha gives representation weighted by State population, while the Senate gives every state equal representation of two senators.
  3. The Rajya Sabha cannot reject or amend a money bill and may only suggest amendments, while the Senate has co-equal power with the House over all legislation, including appropriations.
  4. The Rajya Sabha cannot remove the Council of Ministers, while the Senate tries impeachment cases and can convict the President by a two-thirds majority.
Q5. Explain any four instruments through which the Indian Parliament exercises control over the executive. [4 marks]
  1. Deliberation and discussion, including Question Hour, where ministers must answer members' questions, and Zero Hour, where any matter of importance may be raised.
  2. Approval or refusal of laws: a bill becomes law only with Parliament's approval, forcing the government to negotiate, especially if it lacks a majority in the Rajya Sabha.
  3. Financial control, through the budget process, by which the Lok Sabha approves resources and can enquire into misuse of funds using reports of the Comptroller and Auditor General and the Public Accounts Committee.
  4. The no-confidence motion, the most powerful instrument, which can force a government that loses the confidence of the Lok Sabha to resign.
Q6. Evaluate why the Senate is often described as the world's most powerful second chamber. Support your answer with the Senate's unique powers. [8 marks]
  1. The Senate shares full, co-equal power with the House of Representatives over all ordinary legislation, including appropriations bills, unlike most upper Houses.
  2. It alone ratifies treaties negotiated by the President, by a two-thirds majority.
  3. It alone confirms major presidential appointments, including federal judges, ambassadors and cabinet officers.
  4. It alone conducts the trial of impeachment cases brought by the House, with the Chief Justice presiding when the President is tried, and conviction needing a two-thirds majority.
  5. It alone elects the Vice President if no candidate wins an Electoral College majority.
  6. Its tradition of unlimited debate permits the filibuster, which allows a determined minority to delay or effectively block legislation unless cloture is obtained.
  7. By contrast, the Rajya Sabha cannot block money bills, cannot remove the government, and can only suggest, not insist on, amendments to a money bill.
  8. Taken together, these co-equal and exclusive powers give the Senate far greater independent weight relative to its Lower House than most second chambers, including the Rajya Sabha, possess.
Q7. Compare the composition and powers of the Lok Sabha and the House of Representatives. [8 marks]
  1. The Lok Sabha has 543 constituencies of roughly equal population; the House of Representatives has 435 members apportioned among states by population.
  2. The Lok Sabha's tenure is up to five years and can be dissolved early; the House's tenure is a fixed two years for the whole chamber.
  3. The Lok Sabha alone can introduce a money bill, with the Rajya Sabha limited to suggesting amendments; revenue bills must originate in the House of Representatives.
  4. The Council of Ministers is drawn from and responsible to the Lok Sabha, so it can be removed by a no-confidence motion.
  5. The President of the USA is separately elected and does not depend on the House of Representatives for continuance in office.
  6. The House of Representatives alone can bring impeachment charges against the President, but it cannot itself remove the President from office.
  7. Both chambers perform legislative, financial and representational functions for their respective legislatures.
  8. The difference in executive control reflects India's parliamentary system against the United States' presidential system of separated powers.

Key takeaways

  • A legislature is more than a law-making body; it represents the people, controls the executive and is the main forum of debate in a democracy.
  • India's Lok Sabha is directly elected for up to five years from 543 constituencies, unchanged since the 1971 census.
  • The Rajya Sabha is indirectly elected by State Assembly members, with seats fixed by the Fourth Schedule and twelve members nominated by the President; it is never fully dissolved.
  • The US House of Representatives has 435 members elected by population for a two-year term, while the Senate has 100 members, two per state, serving six-year terms.
  • Parliament performs legislative, executive-controlling, financial, representational, debating, constituent, electoral and judicial functions.
  • Only the Lok Sabha can introduce or reject money bills and pass a no-confidence motion, though both Houses are co-equal in most other respects.
  • The Senate's co-equal legislative power with the House, plus its exclusive powers over treaties, appointments and impeachment trials, makes it the world's most powerful second chamber.
  • The House of Representatives alone originates revenue bills, brings impeachment charges and elects the President when no candidate wins an Electoral College majority.
  • India's parliamentary system gives the Lok Sabha direct control over the executive through a no-confidence motion, unlike the House of Representatives in the USA's presidential system.

Test yourself

Why is the Rajya Sabha called the permanent House of Parliament?

Because only one-third of its members retire every two years and face fresh elections, so the entire House is never dissolved at once.

What can the Rajya Sabha do with a money bill, and what can it not do?

It can approve the bill or suggest amendments within 14 days, but it cannot reject or itself amend a money bill; only the Lok Sabha decides whether to accept its suggested amendments.

How many nominated members does the Rajya Sabha have, and who nominates them?

Twelve members, nominated by the President from persons distinguished in literature, science, art or social service.

What is a filibuster, and in which chamber is it used?

A device of prolonged, unlimited debate used in the US Senate to delay or effectively block a vote on a bill.

Which chamber alone ratifies treaties and confirms presidential appointments in the USA?

The Senate alone ratifies treaties by a two-thirds majority and confirms major presidential appointments.

Which chamber of the US Congress must all revenue bills originate in, and which chamber elects the President if no candidate wins an Electoral College majority?

Revenue bills must originate in the House of Representatives, and the House also elects the President when no candidate wins an Electoral College majority.

Why can the Lok Sabha remove the government but the House of Representatives cannot remove the President?

India has a parliamentary system where the ministry depends on the Lok Sabha's confidence; the USA has a presidential system where the President is separately elected and fixed in tenure.

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