Legislature: Parliament and the State Legislatures
How India's bicameral Parliament is composed and how it makes laws, controls the public purse, holds the executive accountable, and amends the Constitution.
Parliament is the spine of Indian Polity and a perennial Prelims favourite — expect questions on Articles 79-122, Rajya Sabha vs Lok Sabha powers, money bills, and the special powers of the Rajya Sabha. For GS-II Mains it feeds debates on parliamentary accountability, the alleged decline of the legislature against a dominant executive, and the Rajya Sabha as a federal chamber.
Understand the chapter
Why a Legislature is the Heart of Democracy
The legislature is far more than a law-making body; it is the central arena of representative democracy where the executive is questioned, debated, and held accountable. The chapter stresses that even the strongest Cabinet must retain the confidence of the legislature and answer to it, which is the very source of Parliament's democratic power. Because it is the most representative organ and is vested with the power to choose and dismiss the government, it remains supreme even as policy initiative shifts to the executive.
- Functions extend well beyond lawmaking: accountability, representation, and debate.
- Cabinet initiates policy and sets the agenda, but survives only while it holds a majority in the House.
- Most representative and open forum of debate among all organs of government.
Bicameralism — Why Two Houses?
Parliament is bicameral, comprising the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). Large, diverse countries prefer two Houses to represent all regions and social sections and to allow every bill a double check — a decision taken in haste by one House can be reconsidered by the other. States may opt for a unicameral or bicameral legislature; at present only six States have a second chamber (Legislative Council).
- Rajya Sabha = Council of States; Lok Sabha = House of the People.
- Twin logic of two Houses: wider representation plus reconsideration of every bill.
- Six bicameral States: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh.
Rajya Sabha — The Permanent, Indirectly Elected Chamber
The Rajya Sabha represents the States and is indirectly elected — the elected MLAs of each State Legislative Assembly choose its members. Unlike the US Senate's equal-state model, India allots seats in proportion to population through the Fourth Schedule, so Uttar Pradesh sends 31 members while Sikkim has just one. Members serve six-year terms with one-third retiring every two years, so the House is never fully dissolved (hence the permanent House), and 12 members are nominated by the President for distinction in literature, science, art, and social service.
- Indirect election by State Legislative Assemblies; seats fixed by the Fourth Schedule.
- 6-year term; one-third retire every 2 years, so it is never dissolved (permanent House).
- 12 members nominated by the President from literature, science, art, social service.
- India rejects US-style equal representation in favour of population-weighted seats.
Lok Sabha — The Directly Elected People's House
The Lok Sabha and the State Legislative Assemblies are directly elected by the people through universal adult suffrage, the country being divided into territorial constituencies of roughly equal population with one member elected from each. There are 543 constituencies, a number that has not changed since the 1971 census. Its normal term is five years (the maximum), but it can be dissolved earlier if no party or coalition can form a government or if the Prime Minister advises dissolution.
- Direct election by universal adult suffrage; one MP per constituency, equal value of vote.
- 543 seats, frozen since the 1971 census.
- Five-year maximum term, but dissolvable earlier.
Functions and the Unequal Powers of the Two Houses
Parliament performs eight broad functions — legislative, control of the executive, financial, representation, debating, constituent, electoral, and judicial. On most matters the two Houses are co-equal: non-money bills, constitutional amendments (special majority of both), and considering removal of the President, Vice-President, and judges. But two crucial powers belong to the Lok Sabha alone — money bills and the survival of the government — because the Council of Ministers is collectively responsible only to the directly elected Lok Sabha.
- Money bills: only the Lok Sabha can introduce; Rajya Sabha cannot initiate, reject, or amend them.
- No-confidence motion lies only in the Lok Sabha; Rajya Sabha can criticise but cannot remove the government.
- Rajya Sabha special powers: empower Parliament to legislate on a State List subject (Art 249) and create All India Services (Art 312); it alone initiates removal of the Vice-President.
- Constituent, electoral (President/VP), and judicial functions are shared by both Houses.
How Parliament Makes Laws
Lawmaking follows a definite procedure that is technical and even tedious, partly written in the Constitution and partly evolved through conventions. Most bills are drafted by the bureaucracy under the concerned minister, and their substance and timing are decided by the Cabinet — no major bill is introduced without Cabinet approval. A bill may be discussed in the House itself or referred to a committee, which takes people's inputs and reports back before the House takes its decision.
- Cabinet controls the content and timing of major bills; private members' bills rarely pass.
- Bills may be sent to committees, which gather inputs and submit reports.
- Procedure blends constitutional rules with parliamentary conventions.
Key terms
- Bicameral legislature
- A legislature with two Houses; in India, the Rajya Sabha and the Lok Sabha.
- Rajya Sabha
- Council of States; the indirectly elected, permanent Upper House that represents the States.
- Lok Sabha
- House of the People; the directly elected Lower House that controls money and the life of the government.
- Permanent House
- The Rajya Sabha, never fully dissolved because only one-third of members retire every two years.
- Money Bill
- A bill on taxation or expenditure that only the Lok Sabha can introduce (Art 110); Rajya Sabha may only recommend.
- No-confidence motion
- A Lok Sabha motion that can remove the Council of Ministers, reflecting its collective responsibility to that House.
- Universal adult suffrage
- The right of every adult citizen to vote with equal value, the basis of Lok Sabha and Assembly elections.
- Constituent function
- Parliament's power to amend the Constitution by a special majority of both Houses (Art 368).
- Joint sitting
- A combined meeting of both Houses (Art 108) to break a deadlock on an ordinary bill, presided over by the Speaker.
- Fourth Schedule
- The Schedule that allocates Rajya Sabha seats among the States and Union Territories by population.
Must-know facts exam-ready
- Parliament = President + Rajya Sabha + Lok Sabha (Art 79); Rajya Sabha under Art 80, Lok Sabha under Art 81.
- Rajya Sabha maximum strength is 250 (238 elected + 12 nominated); current strength is 245.
- Rajya Sabha members serve 6-year terms; one-third retire every 2 years, so it is never dissolved (permanent House).
- 12 Rajya Sabha members are nominated by the President from literature, science, art, and social service.
- Rajya Sabha seats are fixed by the Fourth Schedule; Uttar Pradesh sends 31, Sikkim sends 1.
- Lok Sabha has 543 directly elected seats, unchanged since the 1971 census (freeze extended to 2026 by the 84th Amendment); 5-year term.
- Only six States are bicameral: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh.
- Money bills can be introduced only in the Lok Sabha (Art 110); Rajya Sabha cannot initiate/reject/amend and must return within 14 days (Art 109).
- The Council of Ministers is collectively responsible to the Lok Sabha (Art 75); a no-confidence motion lies only there.
- Rajya Sabha special powers: Art 249 (empower Parliament to legislate on a State List subject) and Art 312 (create All India Services); it alone initiates the Vice-President's removal (Art 67).
- Joint sitting (Art 108) is presided over by the Speaker; it is not available for money bills or constitutional amendment bills.
- Constitutional amendments need a special majority of both Houses (Art 368); here the two Houses are fully co-equal.
Memory tricks remember it for good
Traps to avoid
- Permanent House does NOT mean members are permanent — only one-third retire every 2 years; the House (not the member) is never dissolved.
- Rajya Sabha cannot reject or amend a money bill — it can only recommend changes within 14 days, which the Lok Sabha may accept or ignore; do not confuse money bills with ordinary financial bills.
- The Vice-President's removal can be INITIATED only in the Rajya Sabha, but it must also be agreed to by the Lok Sabha — RS does not remove the VP alone.
- Rajya Sabha can criticise but cannot remove the government; the no-confidence motion lies only in the Lok Sabha.
- A joint sitting is presided over by the Speaker (not the Rajya Sabha Chairman) and is unavailable for money bills and constitutional amendment bills.
- Lok Sabha seats (543) are frozen since the 1971 census — they are NOT revised after every census; do not assume they rise with population.
Exam focus
🧠 Prelims angles
- Articles of the Parliament cluster: 79, 80, 81, 108, 109, 110, 249, 312 — match article to provision.
- Rajya Sabha composition: 6-year term, one-third retirement every 2 years, 12 nominated members and their fields.
- Money bill provisions and the limited role of the Rajya Sabha (14-day return, recommend only).
- Special powers exclusive to the Rajya Sabha (Art 249, Art 312, initiating VP removal).
- The six bicameral States and the Fourth Schedule's role in allotting Rajya Sabha seats.
- Lok Sabha facts: 543 seats, 1971-census freeze, universal adult suffrage, 5-year term.
✍️ Mains angles GS-II
- Has the Rajya Sabha genuinely protected the interests of the States as a federal chamber?Use the chapter's admission that members represent parties more than States; weigh Art 249/312 and anti-defection against partisan voting.
- Is Parliament declining before a dominant executive?Acknowledge Cabinet's control of policy and bill drafting, then defend Parliament via accountability tools — questions, motions, no-confidence, and debate.
- Should the Rajya Sabha be directly elected or abolished?Balance its value as a revising chamber and source of continuity against the democratic logic that directly elected members hold the crucial powers.
- Why are money and government-survival powers reserved for the Lok Sabha alone?Link to direct election and collective responsibility (Art 75) — the people are the final authority in a representative democracy.
Last-minute revision tick as you recall
- Parliament = President + Rajya Sabha + Lok Sabha (Art 79).
- Rajya Sabha: Council of States, indirect, 6 yrs, one-third retire every 2 yrs, permanent, 12 nominated (LASS).
- Lok Sabha: House of the People, direct, 543 seats, frozen since 1971, 5-yr term.
- Six bicameral States: MUK-BAT (Maharashtra, UP, Karnataka, Bihar, AP, Telangana).
- Money bills and no-confidence motion — Lok Sabha only (purse + plug).
- Rajya Sabha special: Art 249 (State List), Art 312 (All India Services), initiates VP removal.
- Fourth Schedule allots Rajya Sabha seats; UP 31, Sikkim 1.
- Eight functions: Large Cats Fight Rats; Don't Catch Every Jackal.
- Council of Ministers collectively responsible to the Lok Sabha (Art 75).
Distilled from NCERT Class 11 · Indian Constitution at Work for UPSC. Always cross-check facts with the original NCERT.