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Three organs of Government

Every government in modern times work with the help of three organs They are the principal organs of modern government- constitutionalism Effective and efficient governance is the expectation of every civilised society A government normally functions by dividing its functions between its organs Government is an agency, machinery or the magistracy

Looking at various organs of government in a democratic state, the legislature enjoys legal superiority over the rest. But in actual practice it has been loosing ground. In a parliamentary form of government legislature determines who shall govern. It is a public forum, where the actions of government can be debated, repudiated and upheld The role of legislature cannot substitute with any other organ in a democratic society

Rule making department Commonly known as parliament Parliament meant a talk, derived from the French word parles and the Latin word Parliamenuni They are often known by the quality of their legislation Representation of people

Nature and functions

The formulation of legislature may vary from country to country It not only make laws but also can be amend and repeal them The will of the people is expressed through the laws of the state The life of the people is bound to be affected by the nature of laws passed by the legislature

Make laws in accordance with procedure prescribed for that purpose Discusses various matters of public concerns- formulates domestic, foreign and fiscal policies The legislature holds the strings of the of the purse. they have absolute control over financial functions- the budget Control over executive- there is direct link in parliamentary form- no-confidence. In a Presidential form the higher appointments and the treaties made by the President are subject to the ratification of the upper chamber of the Congress Investigation committees Declare war and conclude peace

Collect information inquires Upper chamber vested with some judicial powers- HL- the highest court of appeal, Senate sits as a court of impeachment for the trial of the President Constitutional amendment Electoral functions Impeaching judicial officers-misbehaviour and incapacity

It function as an organ of public opinion It is properly constituted Mirror of peoples opinion It is not merely a law making body. It also play an effective role in other areas It exercises variety of other functions, electoral, judicial and executive

Functions- Case studies

Sovereign British Parliament Powerful US Congress Powerless Cortes of Spain The examples shows that the functions of legislature may vary from state to state depends on the nature, structure and constitutional functions Choose the head of the state It influences the function and governmental behaviour The legislative bodies all over the world make use of the committee system for sake of efficiency of work

The structure of legislature

The organisation or structure of legislature also varies in its formation The legislature always tries to balance the conflicting interest -social Because normally it is believed that legislature should represent the interest of all sections of the people Broadly , we can classify the legislature into unicameral and bicameral Most of the modern legislatures are divided into two chambers and it is known as bicameral

Bicameralism- two chamber legislature

The two chambers of the legislature can be 1. Directly and popularly elected lower chamber 2. Differently constituted second chamber The development of two chambers is a result of historical accident (England)- middle ages different estates, then three spiritual lords, temporal lords.. In other countries it has been deliberately adopted Modern era of constitutionalism the bicameralism became the common feature

Advantages of Bicameralism
It has a healthy effect on the modern democratic system It is a safeguard against the despotism or radicalism of a single chamber. This puts a psychological check which is all for the good effective barrier It balance the interest It has a check on hasty legislation- rash and ill considered legislation Crystallization of public opinion; the reference of the bill to the second chamber gives ample opportunity to the public to express their views about it before it is finally adopted

It restraint the despotism of lower chamber It is a relief to the lower chamber- it saves lot of time of the popular house It provides an opportunity or representation to special interests-adequate representation to minorities, different sections, vested interests Essential for federal system Protection against the tyranny of the majority party It helps the consideration of a question from various points of view More scope for passion and emotion Finally the second chamber enables the legislation to attain the perfection

Despite its popularity, bicameralism is vehemently opposed by many critics Will of the people panelized Either mischievous or super flows No need of revisionary chamber Despotism restrainable through other means Dissimilar interests not properly protected Federalism not adequately supported with bicameralism It is a fortress of conservatism Highly wasteful Gradual decline/not of much utility There is no uniformity in its formation

Having a single legislative chamber Some argue that in a unitary state or small state or communist states the uni-cameral legislature is preferred Political scientist analyzes it is comparatively simple, efficient and free from deadlock Greater chance of unity No rivalry or conflict Do the things without hindrance Speed Ensures a liberal and progressive government

Mirror of national mind Not expensive

Tyranny of single chamber Hasty legislation Driven by passion and emotions Absence of minority representation The brilliant minds may not get chance to sit in legislative body