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The rules and the regulations made by the executive for the formulation and implementation of law in the parliament are called delegated legislation.

The members of Lok Sabha are elected by the people. All adult citizens unless disqualified for other reasons have the right to select their representatives. Qualifications to become the members are must be a citizen of the country and must have attained the minimum age fixed by the constitution. The term of office is five years. Speaker is the presiding officer. He is elected from among the members of the house.

It is the most important organ of the government. The will of the state is expressed through the legislature. In modem representative democracy it acts as a mirror of the nation.

Electoral College.

Parliament  .

Rajya Sabha.

The two houses are the House of Representatives the lower house and the Senate the upper house.

1. Legislative functions: On legislative matters, the Rajyasabha enjoys powers with the Loksabha except in case of a Money Bill or Financial Bill. Non money Bill can originate in Rajyasabha and must get a 2/3 majority in the House and then proceeds to the Loksabha. The approval of both Houses is essential for a bill to become a law. In case of disagreement between the two Houses on a bill, both the houses sit oh a joint sitting presided by the speaker and the deadlock is resolved by a majority of the total number of members of both the houses present and voting.

2. Financial functions: On the financial front, the Rajyasabha virtually has no powers. The procedure to deal with Money bills clearly states that a Money bill or financial bill cannot originate in the Rajyasabha. The Rajyasabha may discuss and suggest changes but have no right to reject or amend a Money Bill. It is left to the Loksabha to accept or reject its recommendations. In case, the Rajyasabha does not send back a Money bill back to the Loksabha within 14 days from the date of receipt of the bill, the bill is deemed passed, in the original form, by both the Houses.

3. Control over the executive: The Rajyasabha’s hold over the executive is very minimal because the executive is not directly responsible to the upper house. However, it can seek information, and make clarifications on various policy matters. On issues of national and local importance, the members can grill the executive during debates and discussions during the Question Hour, the Adjournment motion, the Zero Hour, the Cut-Motion. Call- attention Motion etc.

4. Constituent functions: The Rajyasabha enjoys full powers with Loksabha in executing constituent functions. An amendment to provisions of the constitution can be initiated in either House of the parliament and must be passed by a 2/3 majority in both the Houses present and voting. If Rajyasabha does not pass an amendment bill, the amendment Bill stands defeated. In some special provisions apart from the 2/3 majority in both house of parliament and ratification by not less than 1/2 of the states is necessary.

5. Electoral functions: The Rajyasabha shares the privilege of electing the highest constitutional functionaries, the President and Vice-president. The President is elected by an electoral college consisting of the members of parliament along with the members of the State legislative assemblies. The members of both the houses of parliament elect the Vice-president.

6.Judicial functions: The impeachment move against the President may be initiated in either house of the parliament. If Loksabha prefers the charge, Rajyasabha investigates the charge and passes a resolution by a 2/3 majority of the total membership of the house, then the President stands impeached. There is no need for an impeachment against the Vice-president who may be removed by a resolution of Rajyasabha passed by the majority of its members and consented to it by Loksabha. The Rajyasabha also participates in the removal of the highest constitutional functionaries such as the Chief Election Commissioner, the Vigilance Commissioner, etc.

7. Miscellaneous functions: The Rajyasabha performs other functions as well

1. By a resolution, Rajyasabha can create one or more All India Services. 

2. Continuation of emergency beyond the specified time must come before the Rajyasabha and Loksabha. 

3. Orders made by the President suspending enforcement of fundamental rights is required to be laid before the Rajyasabha and Loksabha. 

4. According to Article 249, the Rajyasabha by a resolution can ask the parliament to legislate on certain subjects in the State list.

The legislature is the most important organ of government. It is the law-making organ of government. It expresses the will of the state.

Composition of the Rajyasabha: The Rajyasabha consist of 250 members, of which 238 members are elected from the states through indirect elections by a single transferable vote. 12 members are nominated by the president from among those with special knowledge and experience in the field of art, literature, science, social service, etc.

1. Legislative functions: The power of Loksabha extends to all subjects falling under the Union List and the Concurrent list. In case of emergency in operation, its power also extends to the State list as well. No bill can become a law without the consent of Loksabha. The Loksabha has equal powers of law-making with Rajyasabha except on financial matters where the supremacy of Loksabha is total.

In case of disagreement between the two houses on a matter of legislation, it is resolved by a Joint Sitting of both the houses presided over by the Speaker. In a Joint Sitting, Loksabha would emerge triumphant because tire decisions are taken by a majority of the total number of members of both the house present and voting in which the numerical superiority of Loksabha prevails.

2. Financial functions: On financial matters, the supremacy of the Loksabha is total and complete. “One, who holds a purse, holds power,” said James Madison. By establishing its authority over the national purse, Loksabha establishes its authority over the Rajyasabha. It is expressly stated that the Money bill can originate only in the house of people. Regarding budget, Loksabha being a representative house enjoys total authority. Loksabha’s position on financial matters is such that the demands for grants are placed only before the Loksabha.

3. Control over the executive: The Loksabha enjoys direct control over the executive because; the executive is directly responsible to the lower house and stays in office as long as it enjoys the confidence of the house. The Loksabha not only makes laws but also supervises the implementation. The lower house being a debating house, the members are free to seek information from the executive and raise questions and seek clarifications. The members can effectively seek information from the government by way of discussions and debates during the Question Hour (seek clarification), the Adjournment Motion (raises issues of national importance), the Zero Hour, the Cu motion, the Call-attention motion, etc. The soundest way of controlling the executive is by way of moving the No-confidence motion, if the executive fails to win the support of Lok sabha, they must step down.

4. Constituent functions: The Loksabha shares equal powers in regard to amending provisions of the constitution. An amendment may be initiated either in the Rajyasabha or Loksabha and must be passed by a 2/3 majority in both the houses present and voting. The agreement of Rajyasabha is compulsory for the success of the constitutional amendment.

5. Electoral functions: The Loksabha and Rajyasabha elect the highest constitutional functionaries such as the President and the Vice-president. The President is elected by the members of Loksabha and Rajyasabha along with the members of Legislative Assemblies of the states. The Vice-president is elected by members of Loksabha and Rajyasabha.

6. Judicial functions: The Loksabha acts as a judge in the impeachment of the President. Either house can prefer the charge of impeachment. If Rajyasabha prefers the charge, Loksabha investigates the charge and if it passes a resolution by a 2/3 majority of the total membership of the house. President stands impeached from the office. The Loksabha also sits in Judgement, along with the Rajyasabha, in removing high constitutional functionaries such as the Comptroller and Auditor General, The Chief Vigilance Commissioner, the Chief Election Commissioner, etc.

Speaker is the presiding officer of Loksabha the conducts all proceedings of Loksabha except the resolution which seeks his removal. He is the spokesman of the House.

The legislature controls the executive by way of discussions and debates during the Question Hour, Adjournment Motion, Zero Hour, Cut motion. Call-attention motion etc. The soundest way of controlling the executive is by way of moving the No-confidence motion. If the executive fails to win the support of Lok sabha, they must step down.

The legislature with two houses is called bicameralism. There will be upper and lower house. Different nations call the two houses by different names and the composition of house differs.

Qualifications of members of the Rajyasabha:

1. Must be a citizen of India. 

2. “Should have attained the age of 30 years. 

3. Owe allegiance to the constitution. 

4. Must not hold any office of profit under the Government – National, Regional or local. 

5. Should not be insolvent or man of unsound mind. 

6. Must not have acquired the citizenship of a foreign state.

Legislature is the most important institution in a democratic system of government. It is the law-making organ of the government. It brings the will of the people into laws. The importance of the legislature is increasing because the executive and judiciary have to work on the basis of the laws made by the legislature.

The legislature is the primary and most powerful organ of the government. It controls the executive especially in the parliamentary form of government. It sanctions the budget and controls the national finances. In a parliamentary system, the real executive is chosen from and is also controlled by it.

The legislative council is a weaker chamber. It is not only the second but also the secondary chamber of the state legislature. Money bills must originate only in the legislative assembly. The council has no control over the ministry in the state.

1. First Reading 

2. Second Reading 

3. Third Reading.

Governor dissolve the legislative assembly.

The presiding officer of the Rajyasabha is the Vice-President who acts as the ex-officio chairman of the Rajyasabha. He holds office for a period of 5 years and salaries and allowances are as determined by the parliament. The position of the Chairman is that of dignity and honour and his task is to see that the transaction of business is conducted with dignity and purpose.

Smooth transaction of business and maintenance of order is the responsibility of the Chairman.

1. Lawmaking: The legislature enacts new laws, amends old laws and repeals unwanted laws. 

2. Deliberative: The Legislature conducts extensive discussions on matters of public importance, bills and the budget. 

3. Formulates policies: The legislature formulates domestic and foreign policy.

4. Controlling the executive: The legislature controls both the political and administrative executive, through questions, resolutions, and motions. A no-confidence motion is to express a lack of faith in and to oust the government.

5. Financial control: To enact money bills and budgets. 

6. Judicial: The judiciary can impeach the heads of state and the judges of the higher courts. 

7. Constitutional: the legislature amends the constitution. 

8. Electoral: It is part of the Electoral College that elects the head of the state. 

9. Ventilation of grievances: The legislature is a forum of complaints and formation of public opinion.

1. Legislative Functions:

The legislative functions are detailed below:

1. To summon, prorogue and dissolve the Parliament.

2. The President enjoys the power to address the Parliament. It is normally done after general elections or the first session of the year. It is generally called Presidential speech. This inaugural speech outlines the objectives and priorities of the government.

3. In passing the bills, if a deadlock arises due to non-agreement between two houses of the parliament, the President may call for a joint session of both the houses. 

4. The President may address Lok sabha or Rajya sabha or both any time and also may send a message to both the houses of parliament to look into a bill. 

5. In the considered view of the President, if he is satisfied that the Anglo-Indian community is not adequately represented, he may nominate 12 members to RajyaSabha and 2 members to Lok sabha. 

6. Prior permission of the President is essential while dealing with bills relating to the formation of new states, alteration of boundaries and some special bills like the finance bills.

7. No bill can become a law without the assent of the President. He enjoys the power to withhold a bill. This power is called ‘Veto power’. However, he cannot refuse his assent for finance bills. But he can withhold assent for a non money bill. But if the same is resubmitted for signature even without changes, he cannot refuse to sign it.

8. The President enjoys the power of issuing Ordinance when the parliament is not in session. It will have the same power and effect similar to that of a law made by the Parliament provided the same is ratified by the Parliament within 6 weeks of its passage. Otherwise, it ceases to be a law and is considered null and void or zero.

The miscellaneous functions of the Rajyasabha are:

1. By a resolution, Rajyasabha can create one or more All India Services. 

2. Continuation of emergency beyond the specified time must come before the Rajyasabha and Loksabha. 

3. Orders made by the President suspending enforcement of fundamental rights is required to be laid before the Rajyasabha and Loksabha. 

4. According to Article 249, the Rajyasabha by a resolution can ask the parliament to legislate on certain subjects in the State list.

A bill in order to become a law has to go through the law-making process. A bill, other than a Money bill, can originate in either house of the parliament before it goes to the President for assent. Non-money bill goes through three readings, involving five stages, in both the houses, before becoming a Law. A Bill may be moved by a private member called a Private Member bill or by a minister representing the Government called a Public bill. It is also called a Government bill.

1. The First Reading: A minister or a member can introduce a bill with the permission of the Speaker. No formal debate or no speeches relating to contents of the bill are made at this stage. After the bill has been introduced, it is immediately published in the Gazette of the Government of India. Now. the First reading of the bill is complete.

2. The Second Reading: At this stage, the concerned minister provides details such as the purpose, objectives, and background of the bill in general as well as specifics relating to various clauses, schedules, and amendments to take place. No corrections or amendments can be made at this stage and after detailed discussion, the bill is put to vote.

3. The Committee Stage: At this stage, the bill is submitted to a Committee and the names of. the members of the Committee are published. The committee headed by a chairman examines the Bill and its provisions and discusses it clause by clause. In the process, it may ask for relevant information and suggest its own changes and modifications. And now, the report and the bill are published in the Gazette.

4. The Report Stage: Based on recommendations made by the Committee, the bill goes through detailed discussions. Changes can be suggested at this stage and the Report Stage is the last chance for the members to make any amendments to the bill.

5. The Third Reading: This is the formalization stage of the bill where general discussions about the concerned bill take place. At this stage, no formal amendments can be made except informal changes. Then the bill is put to vote. Though the bill is open tor rejection, even at this stage, it is not normally resorted to.

After completing five stages in the House from which it originated, say Rajyasabha, it goes to the loksabha and has to undergo the same procedure. After getting passed in both the houses, it goes for the acceptance of the President. In case the other house rejects the bill altogether, the president may call for a joint sitting of the parliament to resolve the deadlock (Article 108).

The presiding officer of Loksabha is the Speaker who is elected from among the members along with the Deputy Speaker and stays in office till the life of the House i.e., 5 years. His primary task is to protect the dignity and decorum of the House and to see that the proceedings of the House are conducted in an orderly and a focused manner. He is the principal spokesperson of the House and must be impartial and even-handed in dealing as the custodian of the House.

In order to ensure impartiality, the speaker resigns his party membership in the election. The Deputy speaker discharges the duty even the office of the speaker falls vacant due to resignation, death or removal by a 2/3 majority of the total membership of the House or in the absence of the speaker. The salary of the speaker is determined by the parliament from time to time. The Speaker’s position in the House is one of dignity and authority.

• All orders of the house are executed through the Speaker 
• Communication from the President is made known through the Speaker. 
• It is the power of the speaker to declare whether a bill is a money bill or not. 
• He enjoys the authority of interpreting the Rules of procedure and has the power to vote except in case of a tie. 
• No member can speak in the House without the permission of the speaker and it is the speaker who fixes the time limit for speech. 
• He presides over the Joint sittings of the parliament. 
• During discussions, the members must address the Chair. 
• In case of a tie, the speaker has the right to cast a vote. 
• Speaker’s decisions cannot be questioned in a court of law.

Electing the president and speaker of the assembly is the electoral power of the Vidhan Sabha.

Parliament can create or abolish the legislative councils by the recommendation of the concerned state Assembly.