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 ConstitutionWith 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 15th 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 CONSTITUTIONEvery 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 and2. To cherish and follow the global ideals which inspired our national struggle for

freedom.3. To protect the sovereignty, unity and integrity of India4. To defend the country5. 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 environment8. To develop the scientific temper and spirit of enquiry9. To safeguard public property10. 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 India2) If he is of unsound mind3) If he is insolvent4) 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 Indiac. Removal of the judges of the Supreme Court & High Courtd. 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 age2) A Citizen of India3) 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 Indiab. It elects the vice-president of Indiac. It can initiate a move to remove the vice-president of India.d. It can impeach the president of Indiae. It can impeach the judges of the high court & supreme courtf. 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 mind3) 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 mind3) 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.

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Limitations: The Rajya Sabha by passing a resolution of its 2/3rd 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”.

The Committees can be classified into:

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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 Indiaiii. 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.

7. The Committee on Subordinate Legislation: The main function of this committee is to scrutanise & report to the house whether the power who make

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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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