INDIAN CONSTITUTION

Introduction:

A country having a constitution signifies its independence. The constitution of India came
into force on 26th January 1950, though India became independent on 15th August 1947.
Before independence, the British governed India by passing a series of legislations and
acts.
The first such act is the queen’s proclamation of 1858 which declared in unanimous
terms, that henceforth the country India was to be governed by the crown of England.
Thus, still 1947 India was governed by the British by passing legislations and act.

A constitution is generally defined as “a set of rules and regulations according to which

the country is governed”. These rules and regulations may be written or unwritten.
Incase of unwritten constitution the country is governed on the basis of established
precedents, customs, conventions and traditions. In governing the state laws are made
and sometimes these laws are taken from the constitution itself. Thus, the constitution is
the legal document of the country.

Events Leading to the Framing of Indian Constitution

With the crown of England assuming power in 1858 with the passing of Queen’s
Proclamation India was governed and administered by the government of England
through legislations and acts in the 19th and 20th century.

In 1861 and in 1862 were passed the Indian councils act. In 1909 was passed the Minto
Morley Reforms and in 1919 the Montague Chemlonsford Reforms. The government of
India Act of 1935 is the last act passed by the parliament of England in ruling India.

During this period, the Indian’s made a vociferous appeal to recognise the rights of the
Indians for constituting a constituent assembly so as to frame a constitution for India. As
early as 1922 Mahatma Gandhi said that Indians have the right to determine the political
destiny of their country and in 1983 Jawaharlal Nehru expressed that one of the
objectives of the congress was to establish a constituent assembly consisting of Indians
to frame a constitution without outside interference.

In 1942, the British announced the Cripps Proposals, which were to be adopted at the
end of the war provided the congress and the Muslim League agreed. The proposals put
forth the following:
1. A constituent assembly was to be established to frame a constitution for India,
consisting only of Indians.
2. Dominion (Independent) states to be granted to India.
3. A union of India to be established, consisting of British India, provinces and
Indian states.
However, these proposals were not accepted by the congress and Muslim League.
Mosques the Muslim League demanded creation of states on communal lines and also
called for separate constituent assemblies. These demands were rejected by the British.

In 1946, the British enunciated the Cabinet Mission Plan. It called for a union of India
comprising British India Provinces and Indian state and the union was to have complete
jurisdiction over defence internal affairs and communication and secondly communal

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issues were to be decided two majors communities present and voting. Thus, a union
executive and a union legislature was to come into existence. As per the Cabinet
Mission Plan the constituent assembly came into existence on December 16th 1946. But
the Muslim League boycotted the first meeting on the ground that the constituent
assembly was not representing every section of the population, it also called for its
dissolution.

As a result, the British came out with the June3 plan of 1947 also called as the Mount
Batten Plan according to which the country was to be partitioned and dominion status
given. On July 4 1947, the Indian independent’s bell was introduced in the British
Parliament. The bill received assent of the crown on July 18 1947, which became the
Indian Independence act. The act was enforced on 15 th August 1947. Accordingly there
were to be two dominions, two constituent assemblies were to be established, to frame
any constitution for India and Pakistan and all those acts which were to passed could be
revealed.

Thus, a constituent assembly of India met after independence on 15 th August 1947 and
continued to meet till now 1949. The constituent assembly represented every section of
India and every region of India Dr. B.R. Ambedkar was the chairman of the constituent
assembly and Dr. Rajendra Prasad its President.

The constituent assembly which comprised of 385 members deliberated to include every
aspect of administration mention can be made of some of the important members like
Sardar Vallabhai Patel, Rajendra Prasad, Jawaharlal Nehru, Shyam Prasad Mukherjee,
Baldev Singh, Frank Anthony who represented the anglo-Indians, H.P. Meete who
represented the passes and so on. There were two women representatives namely
Sarojini Devi Naidu and Pandit Vijayalakshmi. It also consisted of constitutional experts
namely Dr. B.R. Ambedkar, Alladi Krishnaswamy Iyer and K.M. Munshi. There were
nearly 30 representatives of the scheduled castes.

The work of these members of the constituent assembly resulted in the constitution
being adopted on the historic day of 26th Jan, in the year 1950. The constitution declared
India as republic according to which the country was to have an elected head of the
state i.e. the president.

During the course of, the framing of the constitution of India the representatives of the
constituent assembly incorporated in the constitution. Some provisions of the previous
acts like the acts of 190, 1919 and 1935. The frames even borrowed several features
from the other constitutions, like that of England, USA, Canada, France, Ireland,
Germany and Australia. Thus, when the constitution was finally framed it turned out to be
the bulkiest constitution in the world.

PREAMBLE OF THE INDIAN CONSTITUTION

Every constitution is known to have a preamble. Preamble highlights, the basic
objectives and the fundamental principles of the constitution. It also seeks to promotes
and establish these objectives.

The preamble of the Indian constitution begins with the words “WE THE PEOPLE OF
INDIA, HAVING SOLEMNLY CONSTITUTED INDIA INTO A SOVEREIGN, SOCIALIST,
SECULAR, DEMOCRATIC REPUBLIC, assure every Indian – JUSTICE – political,
social and economic, LIBERTY – thought, expression, belief, faith and so on,

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EQUALITY – of status, opportunity and so on, FRATERNITY – dignity of the individual
and unity and integrity of the nation”…..

We adopt enact on this day 26th November 1946. this constitution for ourselves. The
preamble of the Indian constitution serves two purposes the source from which the
constitution id to promote and establish.

Source:

The constitution of India was framed by the constituent assembly which consisted of 385
members. These members of the constituent assembly were the representatives of
people of India. Thus, the constitution is framed by the people the very words of the
Preamble we the people of India indicates that the people are sovereign and that the
constitution is not a gift of the British parliament.

Democratic Republic:

The preamble calls India as a democratic republic that is the country was to have a head
of the state who is to be elected by the people of India, thus, we have a elected
president, indirectly by the people because he is elected by the elected members of the
union parliament and the state legislatures.

Representative Democracy:

The democracy which the constitution of India envisages is representative democracy.

The people of India elect their representatives to the union parliament and the state
legislature on the basis of universal adult franchise. The members of the Rajya Sabha
and the council of states (upper house of the states) are elected indirectly. Every citizen
enjoys their right to assume political office provided he processes the necessary
qualifications this is political democracy which the preamble aims at promoting and
establishing.

Political democracy cannot succeed without social democracy. Social democracy is

infact a way of life. It guarantees liberty, equality and fraternity the liberty to prefers a
religion of one’s choice, liberty of thought and expression etc, equality – equal protection
of law, equal states and equal employment opportunities.

The constitution also guarantees economic democracy. It calls for equal distribution of
the fruits of means of production, right to work and right to equal pay for equal work.

As a result of the 1976 amendment the words socialist and secular came to be included
in the preamble of the constitution. The preamble thus aims at establishing a socialist
pattern of society. The socialist state of India was however to be different from state
socialism. Infact Indira Gandhi observed that – we have our own brand of socialism and
only those sectors that are required, would be nationalized. Thus, the socialist state of
India was not in famous of total nationalization. Some sectors thus continued to remain
government control. Thus, we have a mined economy. The socialist state of India aims
at eliminating inequality of income, states and standard of living of the working class.
This is a socialistic pattern of society which the preamble envisaged and it remained so
till 1992(lately, the trend is towards privatization).

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The preamble, with the inclusion of the word secular in 1976 calls for making India a
secular state. Hence, the individual is guaranteed to profess the religion of his choice, it
is also the duty of the state to uphold other secular credentials like equal protection of
law to all the religions and non-declaration of any particular religion as a state religion.
Thus, India has set a shining example to the world, unlike our neighbours, Pakistan,
Bangladesh and Srilanka who have a state religion. One of the fundamental rights, right
to ‘RELIGION’ again guarantees an individual to follow the faith of his choice.

The preamble of the constitution assesses the citizens political, social and economic
justice which are enjoyed in the form of fundamental rights-right to equality, right to
particular freedom, right to freedom of worship, right against exploitation, right to
property, cultural and educational rights and right to constitutional remedies.

At the same time, the preamble also envisages fundamental duties of the citizen:
1. To abide by the constitution and respect the national flag and
2. To cherish and follow the global ideals which inspired our national struggle for
freedom.
3. To protect the sovereignty, unity and integrity of India
4. To defend the country
5. To promote the spirit of common brotherhood amongst all the people of India.
6. To preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment
8. To develop the scientific temper and spirit of enquiry
9. To safeguard public property
10. To strive towards excellence in all spheres of individual and collective activity.

The preamble aims at fastening unity, integrity and fraternity for the success of
independence and democracy, the feeling of brotherhood have to be infused among the
people who belonged to different races, religion, regions, languages and culture. The
feeling of oneness, that we are all the children of same soil and the same motherland
have to be created.

Jawaharlal Nehru felt that independent India should also work towards establishing
international peace and order, that was by maintaining a just and honourable
relationships with the neighbours by solving disputes peacefully and by obliging
international treaties and conventions Nehru, thus wanted fraternity to transcend the
national frontiers so as to achieve the loftier goal of universal brotherhood. Nehru
wanted India to remain as a member of the common wealth countries but its policies and
programs were not to be bending upon India as India’s membership was unofficial. Thus,
membership of India is by freewill and could be terminated by freewill.

Directive Principles of State Policy

The Directive Principles of State Policy is enshrine in articles 36 to 51 in the constitution

of India. They are taken from the constitution of Ireland. The objective that India was to
be a welfare state also made the constitution include the directories in its body.

The Directive Principles of State Policy can be defined as a set of directions (or)
instructions embodied in constitution to be applied by the state both in matters of making
laws & in administration. The directories embodied under the Republican constitution
aims at establishing a “Welfare State” & not a police state.

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The DPSP can be studied in three forms:
1. Those directives which strive towards economic ideals.
2. Those directives given to the legislature & the executive, as to in what matter the
state exercises its legislature and executive lower.
3. Certain rights of their citizens which cannot be enforced by the courts like the
fundamental rights, but the state nevertheless aims at securing the rights by its
legislative & administrative policies.

The directive principles enshrine in the constitution can be mentioned – Right to work,
equal pay for equal work, right to free compulsory education upto the age of 14, right of
their workers to take part in the decision – making process of the management, Promote
Panchayat Raj institutions & promote cottage industries & animal husbandry, preserve
ancient monuments, abolish consumption & to maintain International peace & order &
respect for international treaties & obligations.

A survey of the directive principles indicates that they stand to promote social &
economic rights. The DPSP are mere directives (or) instructions given by the constitution
to the union & the states to do certain things to achieve certain ends. Implementation of
these directives is possible only by a law made in relation to it. Thus, violation of the
directives (or) non-conformity to it is not justiciable. For eg: If state is unable to provide a
living wage to its workers the individual cannot seek justice in the court of law similarly, if
the states fail to follow the directive of free compulsory education upto the age of 14
justice cannot be sought in the court of law. Hence, the DPSP cannot be enforced by the
court of law. However it is the _________ obligation of the union & the states to follow
the directives as they are the fundamental principles & they are also a part parcel of
Human Rights provision.

Incase of non-conformity of the directives by the states the union can act by imposing
article 365 upon the states. In order to see that the directives are followed laws have
been enacted from time to time. For eg: The Panchayat Raj act which has made
compulsory for the state to establish local self government at the grans-roots level.
Some states have also enacted laws for implementing prohibition & free compulsory
education has also been followed in some states.

There are also some directives mentioned in the other parts of the constitution like the
right to education in one’s own mother tongue, to spread Hindi as the National Language
& the obligation of union & the states to open officers & to follow the reservation policy
with respect to Scheduled Caste & Scheduled Tribes

Amendments:

The principle of amendments is one of the important chapters of the constitution of India.
Article 368 of the constitution throws light on the procedure of amendment. Pandit Nehru
remarks that the constitution cannot be rigid so that it cannot be amended to the
changing need of national development & strength. The framers of the constitution felt
that a provision had to be made to amend some clauses to keep pace with changing
times.

An adequate provision for the amendment is considered implicit in the very nature of the
constitution. A Democratic constitution a written one at that, has to be particularly

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responsive to changing conditions in the social, economic & political spheres. A
government which is surrounded on the principle of popular sovereignty must make
possible the fresh assertion of the popular will, as that will changes.

A Federal constitution calls for a special body outside the legislature so as to amend the
provision of the constitution. The amendment procedure of the Indian Constitution has
been laid down in detail in article 368. It is neither as rigid as that in the US constitution
was as flexible as that in British constitution. The constitution of India combines the rigid
& flexible method of amendment. It is partly rigid & partly flexible. They are three method
of amendment provided in the constitution. These methods are the following:
1. Some provision of the constitution can be amended by a simple 50% majority of
the members of the Parliament. Eg: Re-organisation of states, citizenship,
abolition of upper house in the states.
2. Some provisions can be amended by 2/3rd majority of the members of each
house present & voting.
3. Some provisions can be amended by 2/3d majority of the members in each
house present & voting at ratify by not less than half of the legislatures of the
state. Eg: Election of President, Organisation of Judiciary, Relationship between
union & the states.

GENERAL FEATURES OF AMENDMENT:

The constitution of India does not provide for a special body outside the legislature for
amending the provisions of the constitution like the constitutional convention.
A bill for amending a constitution can be introduced either House in Union Parliament
State Legislatures thus cannot initiate any bill for amending the constitution. The bill
passed by each house of the parliament either by a simple majority or a special majority
(2/3rd) as a case may be, is sent to the president is bound to give his assent under no
circumstances can the President withhold his assent on giving assent the so called
amendment bill becomes an act, to amend the constitution. In case of disagreement
between the two houses in passing the bill there can be no joint sitting of the two
houses. Thus, there is no room for joint session in the case of the amendment bill.

Fundamental Rights Amendable:

The constitution of India says that fundamental rights can be amended by an act passed
under article 368 under validity of a constitution amending act cannot be questioned on
the ground that the act invades (or) encroach upon any fundamental right.

Basic Features of the Constitution Not Amendable:

There are certain features of the constitution of India which cannot be altered in exercise
of the power to amend it, under article 368, if, therefore a constitution amendment act
seeks to alter the basic structure (or) frame work of the constitution. The court would be
entitled to annul it on the ground of ultra virus because the word amend in article 368
means only changes other than altering the very structure of the constitution which
would tantamount to making new constitution.
Mention can be made of some of these basic features. Sovereignty & territorial integrity
of India, the federal system judicial review, parliamentary system of government,
secularism objectives specified in preamble etc.

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 The Union Legislature

The framers of the constitution had decided to provide for the country a written federal
constitution with a parliamentary system of government. This required adjustments for
the federal system goes with a presidential form of government. A written federal
constitution needs an independent important judiciary with judicial review powers to
protect the constitution.

Hence, the union legislature that emerged in the hands of the framers was the result of
the reconciliation of different principles of the constitution, especially the British & the US
constitution.

Article 79 establishes the union legislature it states that there shall be a parliament for
the union which shall consist of the president & two houses to be known respectively as
the council of states & house of the people. Thus, the parliament of India consist of 3
parts, the president, the house of people or Lok Sabha & the council of states or Rajya
Sabha.

The President:

The constitution of India says that the President shall be a part of the parliament. The
president of India has some duties to perform with respect to the parliament. The
president gives the inaugural address to every parliament newly constituted. He
summons & provokes every session (calling & terminating the sessions). He dissolves
the Lok Sabha acting on the recommendations of the Prime Minister (P.M.). The
President gives assent to the bills passed by the parliament. He has the right to make
ordinances when the parliament is not in session. Some bills can be introduced in the
parliament only on the recommendations of the president.

The Lok Sabha – The House of People:

The Lok Sabha is the lower house of the Indian Parliament. According to the constitution
the strength of the Lok Sabha is supposed to be 552. The nation is divided into 552
constituencies, each showing a population of around 7 lakhs.
Out of 552, 530 are the representatives of states, 20 are the representatives of the union
territories & 2 members of the Anglo-Indian community are nominated by the president, if
the community is not adequately represented the other 550 members of the Lok Sabha
are elected on the basis of universal Adult Franchise i,e every citizen above the age of
18years showing the right to vote.

Qualifications:

The following are the qualification are required for the person to contest elections for the
Lok Sabha:
1) He must be a citizen of India.
2) He must be a person of above 25 years of age.
3) He must be a eligible votes of any constituency of India.

Disqualifications:

A member of Lok Sabha can be disqualified on the following grounds:

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 1) If he is not a citizen of India
2) If he is of unsound mind
3) If he is insolvent
4) If he is not an electorate of the constituency of India.

Powers and Functions:

The constitution embodies the following functions upon the Lok Sabha:

1) Legislative Function: The making of the legislation is one of the main functions
of the Lok Sabha. An ordinary bill initiated in the Lok Sabha, & when passed by
the Lok Sabha is sent to the upper house i,e the Rajya Sabha. Incase of
disagreement by the Rajya Sabha a joint sitting is called for, where the ordinary
bill will be passed because the strength of the Lok Sabha is double them that of
Rajya Sabha is double them that of Rajya Sabha. Thus, the will of the Lok Sabha
prevails in making legislations. The money bill can be introduced only in the Lok
Sabha. The approval of the Lok Sabha is also required in the case of
constitutional amendment bill.
2) Financial Functions: The money bill can be introduced only in the Lok Sabha.
Howing passed by the Lok Sabha the money bill is sent to the Rajya Sabha for
its consideration & recommendations & the Rajya Sabha is supposed to accept
the money bill in 14 days, failing which the Lok Sabha considers the money bill
as howing been passed. Thus, the financial expenditure of the government is
sanctioned by Lok Sabha.
3) Control Over the Executive: The Lok Sabha controls the executive i,e the
council of ministers & the Prime Minister of India. The council of ministers & the
Prime Minister is responsible to the Lok Sabha as they are the representatives of
the people. The Lok Sabha can pass ‘No confidence Motion’ in case it loses faith
in the functioning of the government. It also controls the executive by passing
‘Censor – Motions’ & ‘Cut-Motions’.
4) Constitutional Functions: A bill for amending the provision for constitution can
be introduced in the Lok Sabha. The Lok Sabha plays a prominent role in all
three methods of amendment – A simple majority of the members of the Lok
Sabha according to the first method, a 2/3rds majority of the members present &
voting. According to the second & third methods, is required.
5) A Platform of Public Grievance: As the members of the Lok Sabha are elected
by the people on the basis of universal. Adult Franchise, it is the duty to ventilate
the public grievances on the floor of the house, by passing resolutions & by
asking questions.
6) Other Functions: The members of the Lok Sabha enjoy the privilege of:
a. Electing the president of India & vice president of India.
b. Impeaching the president of India
c. Removal of the judges of the Supreme Court & High Court
d. Approving the proclamations of emergency

The above analysis of the power & functions of Lok Sabha clearly brings out the
predominant position of this house in the parliamentary system of India. The Lok
Sabha is undoubtedly a very powerful first chamber perhaps second only to the
House of Commons of England. It is the center of power in the union parliament.
It enjoys decisive powers – the cabinet is responsible to it, a total monopoly over
money bills & control over, the national finances & mere undivided attention of

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 the prime minister who generally belongs to it. It is directly elected National in
composition & a fully representative house. It is therefore, no exaggeration to say
that it is the embodiment of the sovereign bill of the peopled of India.

The Presiding Officer:

The Speaker:
The constitution of India provides for the office of the presiding officer i,e. the speaker to
conduct the functioning of Lok Sabha. The speaker is to be assisted by the deputy
speaker. The speaker is a member of the Lok Sabha. He is unanimously chosen if there
is no consensus the deputy speaker who performs the functions of the speaker, incase
of absence of the speaker is also chosen in the same way.

Qualifications of the Speaker:

1) He was to be a member of the Lok Sabha, thus above 25 years of age
2) A Citizen of India
3) A electorate of any constituency of India.

Thus, he has to possess all the qualifications required of a member of a Lok Sabha.

The speaker loses office when the term of the Lok Sabha comes to an end. He can also
resign office, by writing to the deputy speaker. He can be removal from office by a
resolution passed by a majority of the members of the Lok Sabha. How ever, the
speaker can defend himself by his casting vote if the resolution is tied.

Powers & Functions:

His main function is to conduct the sessions of the house in a disciplined manner. He is
the master of the house & must have full knowledge of rules of procedure. He decides
the agenda of the house. Members must always address the speaker. He determines
schedule & order whether resolutions & questions are to be admitted. The speaker
exercises complete control over the conduct of members within the house. He can
restrain a member from using improper language, from repetition, or from any other
misconduct. He can suspend a member from indiscipline from the sessions of the house.
He decides the order of speeches and provide opportunity of all the member. The
speakers permission is necessary for discussion of any matter in the house motions of
adjustment, No confidence can be introduced in the house only with his consent.

He regulates the presence of visitors in the gallery. He appoints the chairman &
members of various committees. Before the money bill is initiated in the Lok Sabha, it is
examined by the speaker whether it is a money bill or not. All the bills passed by the Lok
Sabha need his signature before being sent to the Rajya Sabha. The speaker presides
over the joint sitting of the parliament. He does not vote but enjoys a casting vote in case
of a tie.

He protects the privileges of the members & the dignity of the house. The most important
functionary of Lok Sabha – the speaker. Hence, he must be a person of high
intelligence, honesty, integrity & impartiality.

The Rajya Sabha:

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The Rajya Sabha is the upper house of the union parliament. It is also called as council
of states, as the representatives come from the states. It is a second chamber of the
union parliament.

Composition:
The total membership of the Rajya Sabha is 250 out of which 238 are the
representatives of states & union territories elected by the elected representatives of the
state legislative assemblies & of the electoral college of the union territories, based upon
proportional representation by means of single transferable vote.
The remaining 12 members are nominated by the president of India from among those
who are well-learnt & experienced in the field of science, arts or social science.

Term:
The constitution of India says that the Rajya Sabha is a permanent body not subject to
dissolution. The term of a member of Rajya Sabha is fixed for a period of 6 years.
However, 1/3rd of the members retire at the expiry of every second year & are eplaced by
new members at the beginning of every third year.

The Presiding Officer:

The Vice President of India is ex-officio chairman of the Rajya Sabha. He provides over
the business of the Rajya Sabha. During his absence his duties are performed by the
vice-chairman who is one of the members of Rajya Sabha.

Powers & Functions:

1) Legislative Function: Every ordinary bill passed by the Lok Sabha is sent to
Rajya Sabha. It can accept, amend or reject the bill, for which it is given a time of
6 months. Incase of disagreement between the two houses the president
convince the joint sitting presided by the speaker. In the joint sittings the ordinary
bill will be passed as the strength of the Lok Sabha is double than the Rajya
Sabha. Thus, the will of the Lok Sabha prevails with respect to passing of
ordinary bill.
2) Financial Function: The constitution specifies that a money bill can be
introduced only in the Lok Sabha following which the bill is passed by the Lok
Sabha & then sent to the Rajya Sabha for its consideration. The Rajya Sabha is
given 14days time, within which it is obliged to return the bill to the Lok Sabha
with or without recommendation. Incase of disagreement between the two
houses no joint sitting is called for with respect to the money bill whether the
Rajya Sabha accepts the money bill or not it is deemed to have been passed by
both the house of the parliament. Thus, the Lok Sabha enjoys the exclusive
privilege of sanctioning the expenditure of the government.
3) Constitutional Function: As regards the amendment of the provisions of the
constitution the Rajya Sabha enjoys co-equal power with the Lok Sabha. A bill for
amending the constitution can be introduced in either houses of the parliament.
In all the three methods of the amendment the Rajya Sabha plays its part-simple
majority of the members of the Rajya Sabha, in the first method & 2/3rds majority
of the members present & voting. In the second & third method are required.
The Rajya Sabha does not control the executive I,e. the council of minister & the
prime minister because they are responsible & accountable only to the Lok
Sabha. The Rajya Sabha cannot pass the No-confidence motion. However, the

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 Rajya Sabha can influence the policies & programmes of the government by
passing resolutions by asking questions & by criticism.
4) The Rajya Sabha Performs Other Functions:
a. It elects the president of India
b. It elects the vice-president of India
c. It can initiate a move to remove the vice-president of India.
d. It can impeach the president of India
e. It can impeach the judges of the high court & supreme court
f. It approves proclamations of emergency when the Lok Sabha is not in
session.

State Legislature:

Introduction:
Articles 168 to 212 throw light on the functioning of a state legislature. The legislature of
a state consist of the government & the state legislative assembly expect that in some
states there are two houses – the legislative assembly & the legislative council. Thus,
large states of India like Uttar Pradesh, Bihar, Maharashtra & Karnataka have a two
house legislature. The constitution of India provides the states the option either to
constitute or abolish the upper house I,e state legislative council.
For eg.: Andhra Pradesh, which established the legislative council in 1957 abolished it in
1985.

State Legislative Council:

It is the upper house of the state legislature. The constitution of India gives the state the
option either to constitute or abolish the legislative council by a resolution of the majority
of the members of the state legislative assembly.

Composition:

According to the constitution, the strength of the legislative council shall not be more
than 1/3rd of the strength of legislative assembly & shall not be less than 40. This
provision is adopted so that the upper house may not get a pre-dominance in the
legislature. The council is a partly nominated & partly elected body – The election being
an indirect one & in accordance with the principle of proportional representation by a
single transferable vote. The members being drawn from various sources, the council
shall have varied composition.

Broadly speaking, 5/6th of the total no. of the members of the council shall be indirectly
elected & 1/6th will be nominated by the governor. Thus,
a. 1/3rd of the total number of members of the council shall be elected by electorates
consisting of members of local bodies, such as municipalities & district boards.
b. 1/12th shall be elected by electorates consisting of graduates from graduates
constituencies.
c. 1/12th shall be elected by electorates consisting of teachers from teachers
constituencies not lower in standards than secondary schools.
d. 1/3rd shall be elected by members of the legislative assembly from among persons
who are not its members.
e. The remaining i,e. 1/6th shall be nominated by the governor from persons having
knowledge of practical experience in respect of matters such as literature science,
art, co-operative movement & social service.

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Qualifications:

The following are the qualification necessary to become a member of the state
legislative council:
1) He must be a citizen of India.
2) He must have completed 30 years of age.
3) He must be registered as votes in one of the constituencies of the State.

Disqualifications:

The disqualifications of the member of the council are:

1) He must not hold any office of profit under the central/state government.
2) He must not be of an unsound mind
3) He must not be a member of both houses of the legislature of the state at the
same time.
4) He must not be absent for 60 days without the permission of the house.
5) He must not be guilty of corrupt practices during the elections.

Term:
The legislative council shall not be subject to dissolution but 1/3 rd of its members shall
retire after every second year. It will be a permanent body like the council of states only
a fraction of its membership being changed every third year.

Presiding Officer:
The constitution provides for presiding officer for the legislative council of the states to
carry on the business of the house – there shall be a chairman & a deputy chairman
elected from among the members of the council. They loose office when a resolution is
passed by the majority members of the council. They can also resign at any time.

Powers & Functions:

1) Legislative Function: An ordinary bill can be introduced either in the legislative

assembly or in legislative council. After being passed by the assembly the bill is
sent to council. The council is given 3months to accept, amend or reject. If
accepted, the bill is sent to the governor for his assent after which it becomes a
law. If the council amends or rejects the assembly re-passes the bill & at the
second instance the council is given one-month’s time after which the assembly
considers the bill to be passed irrespective of the councils reply. Thus, in the
case of disagreement there is no provision for joint-sitting. If a bill passed by the
council is sent to the assembly & rejected by the latter there is an end to the bill.
2) Financial Function: Money bills originate only in the assembly. After being
passed by the assembly the council is given 14 days time for its consideration &
recommendations. After 14days the money bill is deemed to have been passed
irrespective of the councils reply.
3) Control Over Executive: The council has no control over the council of ministers
of the state. The minister along with the C.M. is collectively responsible only to
the state assembly. It may however ask question & pass various resolutions to
criticize & call the attention of the government. A confidence motion by the
council is not binding on the ministry

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State Legislature Assembly:
The State Legislature Assembly is the lower house of the state legislature. It is called as
the first house of the state legislature.

Composition:
The constitution provisions regarding the composition of a legislative assembly are
contained in Articles 170. 172, 333 & 334

The legislative assembly of each state shall be composed of members chosen by direct
election on the bases of adult franchise & from territorial constituencies. The number of
members of the assembly shall not be more than 500 nor less than 60. The assemblies
in Mizoram & Goa have only 40 each. There shall be a proportionately equal
representation according to the population in respect of each territorial constituency
within a state. The Governor has the power to nominate one member of the Anglo-Indian
community if he is of the Opinion that the community is not adequately represented.

Duration:
The duration of the legislature assembly in 5 years out it can be dissolved before the
competition of 5 years by the government acting upon the advice of the Chief Minister.
The term of 5 years may be extended in case of proclamation of emergency by the
president for a period of 1 year at a time. It is the Union parliament which has the power
to extend the life of the assembly. The extended term cases to Operate 6 months after
the proclamation come to end.

Qualifications:

The following are the qualification are required for membership to the Legislative
Assembly:
1) He must be a citizen of India.
2) He must be a person of above 25 years of age.
3) He must be any other qualifications as may be prescribed by the parliament.

Disqualifications:

The following are the disqualifications:

1) If he holds any office of profit under the central/state government.
2) If he not be of an unsound mind
3) If he is Insolvent.
4) If he has acquired the citizenship of a foreign state.
5) If he is disqualified by a law made by the parliament

Presiding Officer (Speaker):

Every legislative assembly of a state has a speaker & a deputy speaker to qualify for
membership. A person must be:
 A Citizen of India
 25 years of age
 Must possess any other qualification as may be prescribed by the parliament.

The speaker conducts the business of assembly. In his absence his duties are to be
performed the duty Speaker. The speaker & the deputy speaker must vacuate their
deals. If they lease to be members of the assembly they can resign by writing to each

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other. They can even be removed from office by a resolution passed by a majority of all
the members of the assembly.

The speaker is the chief preceding officer of the legislative assembly. He is elected by
the members of the assembly from the own members. The assembly also elects the
deputy speaker from they own members.

Functions:
The position, duties & powers of the speaker of a state legislature are same as those of
the speaker of the Lok Sabha. Once elected to this office, he has to be above duty
position. The speaker is impartial & independent presiding officer he presicles over the
meetings of the house & regulates the proceedings of a house. He enjoys the
disciplinary Powers, he maintain “Quorum” in the house during debates. He can suspend
a member from the house for improper behaviour or for use of improper language, he
can adjourn a session or suspend the session of the house in case of greave disorder.
He _________ whether a bill is a money bill or not, his rulings are final & cannot be
challenged in the court of law, in short the speaker is the custodian of the dignity of the
house & impartial arbitrates into proceedings.

Powers & Functions of Assembly:

The legislative assembly of the state is empowered with the following Power &
Functions:

1) Legislative Function: A ordinary bill when introduced in the state legislative

assembly & when passed by it is sent the legislative council in those states which
have a council. The council is given 3months to accept, amend or reject. When
passed by the council the bill is accepted by the governor which becomes a law
thereafter. On the other hand if the bill is amended or rejected by the council the
legislative assembly sends the same bill & with or without the amendments for
the second instance to the council is given one-month’s time to accept, failing
which the assembly considers the bill as being passed with the governor’s assent
the bill becomes a law. Thus, there is no room for joint-sitting, in case of
disagreement over an Ordinary bill between the assembly & the council. The
assembly thus enjoyed the exclusive privilege, with respect to law making.
2) Financial Function: A money bill of the state can be introduced only in the state
legislative assembly. Being passed by the assembly the money bill is sent to the
council & the council have to give its consideration & recommendations within
14days, failing which the assembly deems the bill have been passed. Thus like
the Lok Sabha the assembly enjoy the privilege of sanctioning the expenditure of
the government of the state.
3) Control Over Executive: The State Legislative Assembly controls the council of
ministers & the Chief Ministers. They are responsible and accountable to the
assembly failing which the assembly can pass the No-Confidence Motion,
following which the council of ministers & chief ministers have to resign office.
4) Other Function: The legislative assembly performs other functions. The
members of the state legislative assembly play an important role in election the
president of India & also in electing the members of the Upper House of the
Union parliament namely the Rajya Sabha.
Some of the reports of the state are submitted to the assembly. The reports of the
public services commissions of the state and also of the state auditor general.
Limitations:

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  The Rajya Sabha by passing a resolution of its 2/3 rd majority can authorize the
union parliament legislate on a subject of a state list.
 The governor can reseue some of the bills passed by the state legislative for the
assent of the president.
 The union government can legislate subject of the concurrent list & in case of
conflect between the union & the state government on the subject of the
concurrent list it is the law of the union government which will prevail.
 In time of emergency the government of the state comes under the presidents
rule & it is the Union parliament which makes for the state.

The Law Making Process

Introduction:

The primary function of parliament is law making. It is the function of law making that
makes legislature a distinctly separate department of government. In spite of all
additional functions that a parliament takes up as a result of the complexities of modern
government law making still remains its most important activity. A parliament without
legislative work ceases to be a parliament.

Stages of Law Making:

All bills whether an ordinary bill or money bill or constitutional amendment bills have to
be introduced in the parliament. A money bill can be introduced only in the lower house
of the parliament. An ordinary bill & a constitution amendment bill can be introduced in
the either house of the parliament. The stages through which bills have to pass through
before becoming an act age described below.
 The first stage of legislation in the introduction of a bill embodied the provisions
of the proposed law. When a bill is introduced by the government it is called a
public bill. They are initiated by the ministers & the government takes all the case
to get them enacted public bills effects the policies of the government. A private
bill is one which is introduced by any other member. It generally reflects opinion
of the public. A bill has to be accompanied by the “Statement of Objects &
Seasons”. If a private members desire to introduce a bill he must give notice of
his intention to the speaker. Every bill that is introduced in the house has to be
published in the gazette usually at the time of introduction of the bill there is no
debates. However, a person who introduces may make a short statement
indicating broadly etc. aim & objects. But if the introductory of the bill is opposed
then the speaker may allow one of the opposing members to give reason. If the
house votes in favour of the introduction of the bill then it enters the second
stage. The introduction of the bill is also called the first reading of the bill.
 At the second stage, the bill may be taken into consideration. It may be referred
to a select committee of the house, it may be referred to a joint committee of both
the houses or it may be circulated for the purpose of obtaining public opinion.
The select committee or joint committee is expected to give its report within a
specified date. The members of the select committee are elected on the basis of
their ability or expert knowledge on the subject members of opposition are also
represented in the committee. In case of joint committee 2/3 rd belongs to the Lok
Sabha. The committee may give a unanimous report or a majority report
 At the third stage, the submission of the report of the committees considered

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  At the fourth stage, begin a detailed clause to clause discussion of the bill
amendments are moved, discussed & disposed off the amendments should be
within the scope of the bill & relevant to the subject matter. At this stage the bill
under goes substantial changes. This is the most time consuming stage. Stage
the second reading of bill is over.
 The fifth stage is the 3rd reading stage. The member in charge who has piloted
the bill moves that “the bill be passed”. At this stage only oral amendments are
moved & a discussion is limited & progress quick & when the work in one house
is over the bill is sent to the other house for its action.
 The sixth stage starts with the consideration of the bill by the other house where
it goes through the same procedure & the different stages the house has thus
alternatives – it might finally pass the bill as sent by the originating house. It
might amend or altogether reject the bill. In the later cases, the bill may be
returned to the originating house or it may not returned at all within 6 months.
 At the seventh stage, the returned bill is considered by the house. The house
may return the bill to other house with or without amendments. Incase of
disagreement again the only solution is a joint sitting of the two house called for
by the president the disputed provision in finally adopted or rejected by a simple
majority of vote of those who are present & voting.
 At the final stage, the bill finally passed by both the houses goes with the
signatured of the speaker by the president for his assent. If the president gives
his assent the bill becomes an act. If the president refuses assent the bill is back
in the parliament for reconsideration this will re-open all-most the whole process
& if the bill is passed by both the houses again with or without amendments it will
be sent to the president for the second time, where in he shall not with hold his
assent.
Thus, it can be seen how long detailed & time consuming is the process of
modern legislation & how difficult is, if a bill has to be passed within a short time.

The Committee System

Under a parliamentary system of government committees of parliament are a necessary

adjunct of the work of parliament. They make parliament work smooth & efficient, they
provide a certain expeilise to the deliberation of parliament. They enable parliament to
feel the pulse of the public on proposals of legislation they are introduced for its
consideration. They also help to realize setter & more constructive co-operation from the
opposition for the nations measure initiated by the government.

The constitution of India makes a mention of these parliamentary committees but without
making any specific provisions regarding their composition tenure, function, etc. All these
matters are dealt by the rules of both the houses a parliamentary means a committee
that:
 Works under the direction of the speaker/chairman.
 Presents its report to the house or to the chairman/speaker
 Has a secretariat provided by the Lok Sabha/Rajya Sabha.

In the words of Thomas Reed “Committees use the eyes, ears & the hands of legislature
& sometimes these become the very brain of legislature also. They are even influenced
to as mini legislatures”.

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The Committees can be classified into:

1. The Business Advisory Committee: This committee is constituted at the

commencement of the house with a view mainly to regulate the time table of the
work of the house & has 15 members. The speaker himself is its chairman.
2. The Committee on Private Members Bills & Resolution: This affairs is a
committee of 15 whose main function is to examine all private members bill from
points of view before recommending them to be passed before the house for its
consideration.
3. Select Committee on Bills: Its members are appointed by the house. A bill is
refused to a select committee, when a motion is passes with respect to it. A
select committee may lean evidence & representatives of special interest &
submit its report to the house.
4. The Committee on Petitions: The committee is nominated by the speaker at the
commencement of the house. It has a strength of 15 members. If submits report
on petition.
5. The Financial Committees: The financial business of the parliament is
entrusted with 2 committees that is the estimates committee & the public
accounts committee.
a. The Estimates Committee: The estimates committee is charged with the
detailed examination of the budget estimates & therefore is in a powerful
position to influence the activities of the government not only in the
financial field but also in other fields.
i. Suggest alternative policies in order to being about efficiency &
economy in administration
ii. To examine whether the money is well-laid within the limits of the
policies implied in the estimates.
iii. To suggest the form in which the estimates shall be presented to
the parliament.
The committee has 30 members who are elected from among the
members of Lok Sabha for a period of one year.
b. The Public Accounts Committee: It is composed of 15 members
elected by Lok Sabha every year from amongst its members. 7 members
from Rajya Sabha are also elected the chairman of public accounts
committee is appointed by the speaker from amongst the Lok Sabha, who
have been elected to a committee the term of office of the member is one
year. The public accounts committee examines.
i. Accounts of appropriative of funds granted by parliament for
expenditure by the government of India.
ii. The annual financial accounts of the government of India
iii. Accounts laid before the house.

More importantly it examines the report of the comptroller an auditor

general of India. It is the duty of the public accounts committee to
satisfy that money spent was legally available & within the scope of
demand. It submits before to the parliament to take action on matter
including losses& financial irregulauties.
6. The Committee of Privileges: The speaker nominates this committee at a
commencement of the house & it consist of 15 members. It is concerned with the
examination of questions of privileges in the cases which are refund to.

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7. The Committee on Subordinate Legislation: The main function of this
committee is to scrutanise & report to the house whether the power who make
regulations, rules, bye-laws, etc. confined by the constitution are delegated by
parliament are being properly exercised within the limits of such delegations. Its
membership is 15.
8. The Committee is Government Assurance: It is the function of this committee
to scrutinise the various assurances, promises undertaking, etc. given by
minimum or the floor of the house & report an extent to which such assurances
are implemented.
9. The Rules Committee: The main function of this is to consider members of
procedure & conduct of business in the house & to recommend any amendments
or addition to these rules.
10. The Committee on Public Undertaking: The committee consists of 10
members of Lok Sabha & 5 members of Rajya Sabha. The committee will
examine, the reports & the accounts of the public. Undertakings and the report of
the comptroller & auditor general on the public undertakings matters related to
P.A. committee & estimates committee in relation to public undertakings may be
allotted to the committee by the speaker.
For Eg.: The public undertakings over which the committee will have jurisdiction
or Damodar Valley Corporation, Indian Financial Corporation, Indian Airlines
Corporation, ONGC & Government Companies.

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