Parliament and the Making of Laws
How India's Parliament — born of the freedom struggle's promise of consent and participation — represents citizens, selects and controls the government, and makes the nation's laws.
Polity is a Prelims and Mains staple, and this chapter is the bedrock of how Parliament is composed and how it functions. Expect Prelims questions on the strength and composition of the two Houses, presiding officers, the majority mark and universal adult franchise (Articles 79 and 326), plus milestones like the 1909 reforms and EVMs (2004). For GS-II Mains it feeds answers on the functioning of the legislature, executive accountability (Question Hour, Opposition), coalition politics and the principle of government by consent.
Understand the chapter
Why People Decide: Consent and Participation
A democracy 'takes off' from the idea of consent — the desire, approval and participation of the people. In this view the citizen is the most important person, and the government and all public institutions must enjoy the trust of citizens. People do not merely create the government through elections; through their chosen representatives they also continuously control and guide it. Parliament is the institution where this consent and participation are best expressed, making it the central symbol of Indian democracy.
- Consent = the desire, approval and participation of people in decision-making.
- Citizens both create the government AND control it through their representatives.
- Parliament embodies participation plus government by consent.
Freedom-Struggle Roots and Universal Adult Franchise
Under colonial rule people lived in fear and could neither freely criticise nor participate in decisions; the freedom movement broke this by openly demanding rights. As far back as 1885 the Indian National Congress demanded elected members in the legislature with the right to discuss the budget and ask questions, and the 1909 reforms allowed limited elected representation — but never full adult voting. The nationalists' experience convinced them that every citizen of free India must participate in decision-making, an aspiration crystallised in the Constitution's principle of universal adult franchise.
- 1885: INC's first demand for elected legislators able to discuss budget and ask questions.
- 1909 reforms (Morley-Minto): some elected representation, but no universal vote.
- Universal adult franchise = every adult citizen's right to vote (Article 326).
- Voting age lowered from 21 to 18 by the 61st Amendment, 1988.
Representative Democracy and the Representatives
Modern democracies are representative democracies: people do not take every decision directly but elect representatives who decide for the whole population. The country is divided into constituencies, and each constituency elects one representative — an MP to the Lok Sabha or an MLA to the State Legislative Assembly (Vidhan Sabha). Representatives are elected for a fixed term of five years, not for life, so that citizens can periodically renew or withdraw their consent.
- Constituency = a geographical area that elects one representative.
- MP sits in Parliament (Lok Sabha); MLA sits in the State Legislative Assembly (Vidhan Sabha).
- A fixed 5-year term keeps representatives accountable to the people.
The Structure of Parliament (Sansad)
The Parliament of India (Sansad) is the supreme law-making institution and consists of the President plus two Houses — the Rajya Sabha and the Lok Sabha. The Lok Sabha (House of the People) has 543 elected members, is presided over by the Speaker, and is normally elected once every five years. The Rajya Sabha (Council of States) has a sanctioned strength of 250, is chaired by the Vice-President of India, and primarily represents the states.
- Sansad = President + Rajya Sabha + Lok Sabha (Article 79).
- Lok Sabha: 543 members, Speaker presides, 5-year term.
- Rajya Sabha: 250 strength, Vice-President chairs; 233 elected by State Assemblies + 12 nominated by the President.
Function 1 — Selecting the National Government
After Lok Sabha elections, the party or coalition with a majority — at least 272 of the 543 seats — forms the government. The Prime Minister is the leader of the ruling party in the Lok Sabha and selects ministers from among her party's MPs to head areas like health, education and finance; this council is the executive that implements laws. When no single party wins a majority, parties with similar concerns combine into a coalition government, as the INC did with allies to form the UPA after the 2009 election.
- Majority mark = 272 (half of 543 plus one).
- PM = leader of the ruling party in the Lok Sabha; picks the Council of Ministers.
- Opposition = all parties outside the ruling majority; the largest is the Opposition party.
- Coalition government = several parties combine for a majority (e.g., UPA, 2009).
Function 2 — Controlling, Guiding and Informing the Government
Every session of Parliament begins with the Question Hour, a key mechanism through which MPs extract information about the government's working and expose its shortcomings — the prime tool of legislative control over the executive. By asking questions, MPs convey public opinion and hold ministers to account. The Opposition strengthens this by highlighting flaws in policies and programmes and mobilising popular support for alternatives, which is essential to a healthy democracy.
- Question Hour: MPs question ministers to elicit information and ensure accountability.
- Questions may be starred (oral) or unstarred (written) — e.g., the 2017 unstarred query on child schemes.
- Opposition's role: scrutinise, criticise and offer policy alternatives.
Function 3 — Law-Making and the Rajya Sabha's Reviewing Role
Parliament is the supreme law-making body, and a bill must pass through both Houses to become law. The Rajya Sabha primarily represents the states and can also initiate legislation; crucially it reviews and, if needed, alters laws initiated by the Lok Sabha, acting as a chamber of second thought. Its members are elected not by the public but by the elected members of the State Legislative Assemblies, with 12 expert members nominated by the President.
- A bill must clear both Houses to become law.
- Rajya Sabha = revising chamber and voice of the states; can also initiate bills.
- Members: 233 elected by State Assembly MLAs + 12 Presidential nominees.
Key terms
- Consent
- The desire, approval and participation of people that legitimises a democratic government.
- Universal Adult Franchise
- The right of every adult citizen to vote regardless of caste, class, religion or gender (Article 326).
- Constituency
- A geographical area whose voters elect one representative (an MP or an MLA).
- Representative Democracy
- A system where people elect representatives to decide on their behalf rather than deciding directly.
- Majority
- At least half-plus-one of Lok Sabha seats (272 of 543) needed to form the government.
- Coalition Government
- A government formed when several parties combine because no single party has a majority (e.g., UPA).
- Opposition
- All parties outside the ruling majority; the largest is the Opposition party, vital for scrutiny.
- Question Hour
- The opening hour of a sitting when MPs question ministers to control and inform the executive.
- Executive
- The PM and Council of Ministers who implement the laws made by Parliament.
- EVM
- Electronic Voting Machine, used throughout the country for the first time in the 2004 general elections.
Must-know facts exam-ready
- India became independent on 15 August 1947.
- The Indian National Congress first demanded elected legislators with budget and questioning rights as far back as 1885.
- The 1909 reforms (Morley-Minto) allowed limited elected representation but no universal vote.
- Parliament (Sansad) = President + Rajya Sabha + Lok Sabha (Article 79).
- Lok Sabha: 543 members, presided by the Speaker, normally elected every 5 years.
- Rajya Sabha: sanctioned strength 250, chaired by the Vice-President; 233 elected by State Assemblies + 12 nominated by the President.
- Majority in the Lok Sabha = 272 seats.
- EVMs were used throughout the country for the first time in the 2004 general elections (saving about 1,50,000 trees / 8,000 tons of paper).
- 17th Lok Sabha (May 2019): BJP 303, INC 52; grand total 543 seats.
- 15th Lok Sabha (2009): INC won 206 seats and formed the UPA coalition government.
- Universal adult franchise is enshrined in Article 326; voting age was cut from 21 to 18 by the 61st Amendment, 1988.
- South Block houses the PMO, Defence and External Affairs; North Block houses Finance and Home.
Timeline
- 1885INC demands elected members in the legislature with the right to discuss the budget and ask questions.
- 1909Morley-Minto reforms allow some elected representation under British rule.
- 1947India becomes independent on 15 August.
- 1950The Constitution lays down the principle of universal adult franchise.
- 2004EVMs are used throughout the country for the first time in the general elections.
- 200915th Lok Sabha: INC falls short of a majority and forms the UPA coalition.
- 201917th Lok Sabha: BJP wins 303 of 543 seats.
Memory tricks remember it for good
Traps to avoid
- Rajya Sabha's 250 is the MAXIMUM strength; the present actual strength is 245 (233 elected + 12 nominated).
- Do not swap presiding officers: the Speaker presides over the Lok Sabha, while the Vice-President (not the President) chairs the Rajya Sabha.
- Lok Sabha's 543 is the current elected number; the Constitution permits a maximum of 550 (530 states + 20 UTs).
- Rajya Sabha members are elected by the elected MLAs of State Legislative Assemblies — not directly by the public and not by MLCs.
- Government is formed by a majority of 272+ (or a coalition) — not automatically by the single largest party.
- The 1909 reforms (Morley-Minto) brought separate electorates; do not confuse them with Montagu-Chelmsford 1919 or the GoI Act 1935.
Exam focus
🧠 Prelims angles
- Strength and composition: Lok Sabha 543, Rajya Sabha 250/245, majority mark 272.
- Key Articles: 79 (composition of Parliament) and 326 (universal adult suffrage); 61st Amendment lowered voting age to 18.
- Pre-independence milestones: 1885 INC demand and 1909 Morley-Minto (separate electorates).
- How each House is constituted — Rajya Sabha elected by State Assembly MLAs plus 12 nominees; presiding officers of each House.
- EVMs first used nationwide in the 2004 general elections.
- Money Bill asymmetry: the Rajya Sabha can only recommend changes while the Lok Sabha enjoys primacy.
✍️ Mains angles GS-II
- Question Hour and the Opposition are vital instruments of parliamentary control over the executive — examine.Argue accountability via Question Hour and starred/unstarred questions; cite the Opposition's scrutiny role; note declining functioning of sessions as a concern.
- Coalition governments and the stability-versus-representativeness trade-off in India's parliamentary democracy.Use the UPA (2009) example; weigh broader representation against policy paralysis and anti-defection pressures.
- Universal adult franchise as the foundation of democratic legitimacy and government by consent.Trace the line from freedom-struggle aspirations to Article 326; link consent to continuous executive accountability.
Last-minute revision tick as you recall
- Parliament = President + Rajya Sabha + Lok Sabha (Art. 79).
- Lok Sabha 543, Speaker presides, 5-year term; majority = 272.
- Rajya Sabha 250 (245 actual), Vice-President chairs, represents states.
- Three functions: Select government, Control/inform, Legislate.
- PM = leader of the ruling party in the Lok Sabha; picks the executive.
- Universal adult franchise = Art. 326; age 18 via the 61st Amendment (1988).
- 1885 INC demand to 1909 limited representation to 1947 freedom to UAF in the Constitution.
- EVMs first used nationwide in 2004; UPA coalition formed in 2009.
- Question Hour plus a strong Opposition = executive accountability.
Distilled from NCERT Class 8 · Resources and Development for UPSC. Always cross-check facts with the original NCERT.