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Overview of Organs of Government: The Legislature

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Estimated time: 135 minutes
CISCE: Class 12

Key Points: Legislature

  • The legislature is the law-making organ of the government.
  • It formulates the will of the state through discussion, debate and deliberation.
  • The term Legislature means a place for making laws; it is also called Parliament.
  • A modern legislature has the power to make, amend and repeal laws.
  • A strong, representative and elected legislature is an essential feature of a liberal democratic system.
CISCE: Class 12

Key Points: Types of Legislature

  • A bicameral legislature has two Houses, while a unicameral legislature has only one House.
  • Most big and federal states follow the bicameral system (e.g., India, USA, UK).
  • In a bicameral legislature, the lower house is usually directly elected, while the upper house is indirectly elected or nominated.
  • Unicameral legislatures are common in small or unitary states and some states within federations.
  • China is an exception, as it is a big state but follows a unicameral legislature.
CISCE: Class 12

Key Points: Role of Legislature

  • Law-making Functions
  • Deliberative Functions of the Legislature.
  • Legislature as the Custodian of National Finances.
  • Constituent Function
  • Few Judicial Functions.
  • Ventilation of Public Grievances. 
CISCE: Class 12

Key Points: The Legislature in India: The Union Parliament

  • Union Parliament is a bicameral legislature.
  • Exercises legislative powers over the Union List, Concurrent List and residuary subjects.
  • Lok Sabha represents the people and is the more powerful HouseRajya Sabha.
  • Law-making power is exercised by the President-in-Parliament.
CISCE: Class 12

Key Points: Salient Features of Union Parliament

  • President’s Role: The President is not a member of Parliament but is an essential part, as laws require presidential assent.
  • Bicameral Legislature: Parliament consists of two Houses—Lok Sabha (directly elected, more powerful) and Rajya Sabha (indirectly elected, represents states).
  • Limited Authority: Parliament is not sovereign; it functions under the Constitution and is subject to judicial review.
  • Unequal Powers: Lok Sabha has greater powers than Rajya Sabha, especially over finance and the Council of Ministers.
  • Nominated Members: The President nominates 12 members to the Rajya Sabha from fields like art, science, and social service.
CISCE: Class 12

Key Points: The Lok Sabha (The House of the People)

  • Position: Lok Sabha is the lower and most powerful House, representing the people.
  • Composition: It has 543 elected members; maximum strength is 550.
  • Election: Members are directly elected by universal adult franchise.
  • Qualifications: A member must be an Indian citizen, at least 25 years old, and legally qualified.
  • Tenure: Normal term is five years, but it can be dissolved earlier or extended during an emergency.
  • Sessions & Quorum: Sessions are called by the President; one-tenth members form the quorum.
  • Presiding Officers & Privileges: The Speaker and Deputy Speaker preside; members enjoy parliamentary privileges.
CISCE: Class 12

Key Points: Powers and Functions of Lok Sabha

  • Legislative: Lok Sabha dominates law-making and joint sittings.
  • Executive: The Council of Ministers is responsible to it; it can pass a no-confidence motion.
  • Financial: Money Bills originate here; it controls Union finances.
  • Judicial: It takes part in impeachment and removal of high officials.
  • Constitutional & Emergency: It amends the Constitution, approves Emergencies, and elects key authorities.
CISCE: Class 12

Key Points: Legislative Control over Executive

  • Executive Responsibility: The Council of Ministers is responsible to Parliament and must resign if it loses majority support.
  • Parliamentary Devices: Control is exercised through questions, motions, and debates.
  • Financial & Committee Control: Parliament controls finances and oversees the Executive through committees.
CISCE: Class 12

Key Points: The Upper House of Union Parliament - The Rajya Sabha

  • Position: Rajya Sabha is the Upper House representing the States.
  • Composition: It has a maximum of 250 members, including 12 nominated by the President.
  • Election: Members are indirectly elected by State Assemblies through PR–STV.
  • Qualifications: A member must be an Indian citizen, at least 30 years old, and legally qualified.
  • Tenure: It is a permanent House with six-year terms; one-third retire every two years.
  • Sessions & Quorum: Sessions are called by the President; one-tenth members form the quorum.
  • Chairman & Privileges: The Vice-President is the ex-officio Chairman; members enjoy parliamentary privileges.
CISCE: Class 12

Key Points: Powers and Functions of the Rajya Sabha

  • Legislative: Rajya Sabha has equal power in ordinary law-making; disputes are settled by joint sitting.
  • Financial: It cannot introduce Money Bills and can delay them for 14 days.
  • Executive: Ministers are accountable to Lok Sabha, but Rajya Sabha can question and criticise them.
  • Constitutional & Judicial: It participates in constitutional amendments, elections, and impeachment.
  • Special Powers: It can nationalise State subjects, create All-India Services, and approve Emergency when Lok Sabha is dissolved.
CISCE: Class 12

Key Points: Several Equal Powers of Lok Sabha and Rajya Sabha

  • Passing of Ordinary Bills.
  • Passing of Constitutional Amendments.
  • Equal Impeachment Powers.
  • Equal Electoral Powers.
  • Equal Power to consider Reports. 
CISCE: Class 12

Key Points: Superiority of the Lok Sabha over Rajya Sabha

  • Superiority in Financial Matters:  Money Bills can be introduced only in the Lok Sabha, and the Rajya Sabha can delay them for a maximum of 14 days.
  • Control over Executive:  The Council of Ministers is responsible only to the Lok Sabha, which alone can remove the government by a no-confidence motion. 
CISCE: Class 12

Key Points: Some Exclusive Powers and Functions of The Rajya Sabha

  • Power of Declaring any State Subject as a subject of National Importance.
  • Power of Creation or Abolition of any All India Service.
  • Power of the Rajya Sabha to approve an Emergency Declaration when the Lok Sabha stands dissolved. 
CISCE: Class 12

Key Points: Legislature in the USA - The US Congress

  • The Legislature of the USA is called the U.S. Congress, established under Article I of the U.S. Constitution.
  • The Congress is bicameral, consisting of the House of Representatives (Lower House) and the Senate (Upper House).
  • The House of Representatives is directly elected by the people, has 435 members, and a two-year term.
  • The Senate represents the states equally, with 100 members (2 from each state) and a six-year term; it is a permanent body.
  • The Vice-President of the USA is the ex-officio Chairman of the Senate, and the Congress holds the main law-making powers of the federation.
CISCE: Class 12

Key Points: Powers Functions of the U.S. Congress

  • Legislative Powers: The legislative powers of Congress can be classified as: Delegated Powers, Implied Powers and Concurrent Powers.
  • Executive Powers. 
  • Financial Powers. 
  • Judicial Functions. 
  • Constituent Powers. 
  • Electoral Powers. 
CISCE: Class 12

Key Points: Position of the US congress in the Political System of USA

  • The US Congress is the chief law-making and financial authority of the federation.
  • It checks the President through impeachment, amendments, and control over finances.
  • In practice, presidential powers, vetoes, and judicial review have reduced its dominance.
  • Despite limits, Congress remains a prestigious and powerful institution, though weaker than the President. 
CISCE: Class 12

Key Points: The US House of Representative - (The Lower House of US Congress

  • Composition: The House has 435 directly elected members, representing people based on population.
  • Qualifications: A member must be a US citizen, 25 years old, with 7 years’ residence, and belong to the district.
  • Election: Members are elected by direct election, secret ballot, and universal adult suffrage (18+).
  • Tenure: Members serve a 2-year term and can be re-elected; Congress meets at least once a year.
  • Privileges & Quorum: Members enjoy freedom of speech and immunity from arrest; 218 members form the quorum.
CISCE: Class 12

Key Points: Powers and Functions of the Speaker of House of Representatives

  • Chairman of the meetings of the House.
  • Conducting of Debates.
  • To maintain Discipline and Decorum in the House.
  • To interpret and Apply Rules.
  • Role as a Party Leader. 
CISCE: Class 12

Key Points: Position of the Speaker of US House of Representatives

  • Speaker of the US House remains a strong and influential authority
  • As the leader of the majority party and in the absence of the executive in the House, the Speaker exercises significant control over proceedings.
  • Speaker acts as a party leader rather than an impartial presiding officer. 
CISCE: Class 12

Key Points: Powers and Functions of the US House of Representative

  • Legislative Powers.
  • Financial Powers.
  • Constituent Powers.
  • Some Executive Functions.
  • Judicial Functions.
  • Electoral Functions. 
CISCE: Class 12

Key Points: Position of the US House of Representatives

  • US House of Representatives is less powerful than the Senate.
  • The Senate dominates in key areas like Money Bills, appointments, treaty approval, and conflict resolution.
  • Real importance of the House lies in its role as the true representative of national public opinion. 
CISCE: Class 12

Key Points: Composition and Organisation of US Senate

  • Equal Representation: Each state sends 2 Senators, regardless of size or population.
  • Composition: The Senate has 100 members (50 states × 2); equal state representation is unamendable.
  • Qualifications: A Senator must be a US citizen, 30 years old, with 9 years’ residence, and an inhabitant of the state.
  • Election & Tenure: Senators are directly elected for a 6-year term; one-third retire every two years.
  • Powers & Privileges: Senators enjoy freedom of speech; filibuster is used to delay or block legislation.
CISCE: Class 12

Key Points: Powers and Functions of the Senate

Special Powers or the Unique Powers of the Senate:

  • Senate's Role in Appointment-Making.
  • Senate's Power to Ratify Treaties.
  • Senate as the Court of Impeachment.

Other Powers of the US Senate:

  • Legislative Powers of the Senate.
  • Financial Powers of the Senate.
  • Senate's Investigating Powers.
  • Constituent Powers. 
CISCE: Class 12

Key Points: Areas Where the Senate Is More Powerful

  • Checks the President: Senate approves appointmentsratifies treaties (2/3 majority), and acts as the court of impeachment.
  • Dominant legislative role: Though powers are equal on paper, the Senate is more influential in practice.
  • Final say on money bills: Senate can amend money bills and finally shape financial legislation. 
CISCE: Class 12

Key Points: Comparison of the US Senate with the Indian Rajya Sabha

  • US Senate is far more powerful than the Indian Rajya Sabha.
  • US Senators are directly elected, while Rajya Sabha members are indirectly elected.
  • The US Senate represents equality of states (2 per state); Rajya Sabha representation is based on population.
  • US Senate has a decisive role in money billswhereas Rajya Sabha has only a 14-day delaying power.
  • The US Senate can approve appointments, ratify treaties, and try impeachment; Rajya Sabha has limited control. 
CISCE: Class 12

Key Points: Factors Responsible for Making the US Senate Strongest

  • Small Size.
  • Long Tenure.
  • Quasi-permanent Character.
  • Direct Election.
  • A wider representative base of a Senator.
  • Special Powers of the Senate. 
CISCE: Class 12

Key Points: Comparison Between Indian Lok Sabha, US House of Representative

  • All three are lower houses, directly elected, democratic, and represent the people.
  • Strength & Tenure:
  • Lok Sabha: 545 members5-year term, can be dissolved early.
  • House of Commons: 669 members5-year term, can be dissolved.
  • US House: 435 members2-year fixed term, cannot be dissolved early.
  • All follow Universal Adult Franchise, single-member constituenciessimple majority system.
  • House of Commons is the strongest, Lok Sabha is strong but less than Commons, US House is the weakest.
  • US House is subordinate to the powerful US Senate, while Lok Sabha and Commons are stronger than their upper houses. 
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