Current Affairs 8th Class

Category : 8th Class

 

The Union Legislature and Executive

 

 

With an average family income of about Rs.50,000 per year, India is among the poorer nations of the world. Most Indians (about 70%) live in villages and only 75% Indians are literate. Yet India is one of the most vibrant democracies in the world, where people have shown time and again that it is they who control the government of the country through their elected representatives in the legislature.

 

To understand how the people govern the country through the legislature, we will discuss how the legislature is formed and how it works. We will also discuss the relations between the legislature and the executive to understand how these organs of the Indian State share power and how the system of checks and balances works. We will take up the powers of the judiciary (the third organ) in Chapter 5.

 

THE LEGISLATURE

 

The Union legislature, or Parliament, comprises the President and the two houses?the Rajya Sabha (Council of States), which is the upper house, and the Lok Sabha (House of the People), which is the lower house. A legislature that has two houses is called a bicameral legislature. The members of either house are referred to as Members of Parliament (MPs).

 

LOK SABHA

 

According to our Constitution, the Lok Sabha can have 552 members. At present, however, it has 545 members. Of these, 543 are elected by the people, while 2 are nominated by the President from among the Anglo-Indian community.

 

 

Constituency

Each state and Union Territory (UT) elects a particular number of representatives to the Lok Sabha. The number is decided on the basis of the population of the state (or UT). Each state is divided into parts called constituencies and the people of each constituency elect one member.

 

Eligibility for candidates

Any citizen of India can stand for a Lok Sabha election, provided he/she is not

 

?      less than 25 years of age, or

?      a salaried government employee, or

?      Of unsound mind.

 

A candidate standing for an election does not have to belong to a political party. Candidates who are not supported by any political party are called independent candidates. Every candidate must have a symbol, so that people may vote by recognising the symbol. Candidates belonging to parties use their respective party symbols, while independents use their own symbols. You have studied these in Class 7 too.

 

Q. From panchayat to general elections, ballot papers and electronic voting machines show symbols against the names of the candidates. In what way is this helpful for the voters?

 

Election process

General elections, or elections to the Lok Sabha, are held every five years. In other words, members are elected for a term of five years. Elections can be held earlier if the Lok Sabha is dissolved (dismissed) by the President before its term ends. This usually happens when the ruling party, or the party that forms the government, loses majority in Parliament. Elections can also be delayed by one year if Parliament extends the term of the Lok Sabha during an emergency (national crisis).

 

Know a Little More

The Lok Sabha was dissolved in 1970, 1979, 1991, 1997 and 1999 because the government lost its majority (or the confidence of the house) and no other party could form the government. The term of the Fifth Lok Sabha (formed in 1971) was extended by one year and a state of emergency was declared.

 

 

Any Indian who is 18 years or above has the right to vote. People vote by secret ballot, which means each voter casts his/her vote in complete privacy so that no one knows who he/she has voted for. The candidate who gets the greatest number of votes in a constituency becomes the representative of that constituency in the Lok Sabha. During the last general elections, the people's participation was the highest so far, as the following table shows.

 

Year of election	Voter turnout (%)	Party with the greatest no. of seats
1971	55.27	INC (352)
1977	60.49	Janata Party (298)
1984	63.56	INC(141)
1991	55.73	INC(244)
1996	57.94	BJP(161)
1999	59.7	BJP(182)
2004	58.07	INC (145)
2009	59.7	INC(206)
2014	66.38	BJP(282)

INC: Indian National Congress; BJP: Bharatiya Janata Party

 

Formation of the government

The party that wins the majority of the seats (at least 272) is invited by the President to form the government. If no party wins a majority of the seats, two or more parties form a coalition and the coalition of parties with the required majority forms the government. All the other parties are referred to as the Opposition in Parliament. Among these, the party with the greatest number of seats is called the Opposition Party.

 

Know a Little More

In 1989, though the INC had more seats (197), the BJP, with 85 seats, was able to form a coalition government with the support of other like-minded parties. More and more coalition governments are being formed these days. In 1999, the BJP and its allies, called the National Democratic Alliance (NDA), formed the government. In 2004 and 2009, it was the INC and its allies, called the United Progressive Alliance (UFA), that formed the government.

 

Q. what problems could a coalition government face?

 

 

Presiding officer

The members of the Lok Sabha elect the Speaker from among themselves. The Speaker, who is the presiding officer, conducts the proceedings and maintains order in the House. Though the Speaker is from the ruling party (or coalition), he she is expected to be impartial. The Speaker does not usually vote or participate in debates. However, he/she can cast the decisive vote, called casting vote, when there is a tie.

 

RAJYA SABHA

 

The Raiya Sabha can have 250 members, 238 of whom are elected representatives of the states and LTs. The remaining 12 are nominated by the President from among specialists in such fields as science, art, literature, sports, media and social service. At present, the Rajya Sabha has 245 members.

 

Elected members

The qualifications for becoming a member of the Rajya Sabha are the same as those for the Lok Sabha, except that the candidate must not be less than 30 years of age. However, unlike the members of the Lok Sabha, those of the Rajya Sabha are not elected by the people. They are elected by the elected members of the state assemblies.

 

Another difference between the two houses of parliament is that the Rajya Sabha is a permanent body, i.e., it is never dissolved. Members are elected for a term of six years and one-third of the members retire every two years. When one- third of the seats are vacated, elections are held for those seats.

Presiding officer

The Vice-President of India presides over the Rajya Sabha.

 

HOW PARLIAMENTFUNCTIONS

 

The period for which Parliament meets to conduct its affairs is called a session. According to the Constitution, Parliament must have at least two sessions in a year and the gap between them must not be more than six months.

Usually, there are three sessions in a year?the budget session (February-May), the monsoon session (July/August) and the winter session (November / December).

 

The President summons and closes each session of Parliament and may summon a joint session of the two houses. Parliament has the following important functions:

 

?      Making laws (we will discuss this in depth in the next chapter)

?      Discussing the budget

?      Overseeing the executive's functioning

?      Removing high officials

 

DISCUSSING THE BUDGET

 

The budget is something the entire country awaits because for the common man it means rise or fall in the prices of things. Presented by the finance minister before Parliament during the budget session, it is an estimate of the government's income and expenditure. The government's income comes from taxes, so together with the budget, the government introduces a Finance Bill with proposals for new or increased taxes as well as relaxation of previous taxes. A bill is a proposal for a new law or for changes in an old law. The proposals of the Finance Bill are debated thoroughly before the bill is passed. 

 

Know a Little More

In March 2011, the government's proposal to introduce a 5% tax (dubbed 'misery tax') on the services provided by "more expensive' private hospitals and diagnostic laboratories met with stiff resistance in the Lok Sabha. The government ultimately withdrew the proposal before the Finance Bill was passed.

 

OVERSEEING THE EXECUTIVE'S FUNCTIONING

 

The executive, which in practical terms means the council of ministers, is accountable to the legislature. The legislature has the right to question the government about its policies and programmes. This includes foreign policy, which guides the country's relations with the world. An hour, called Question Hour, at the start of each sitting of Parliament is reserved for members to discuss specific queries about the functioning of the government. These queries are sent by members to the respective ministries in advance, so that the ministries can be ready with the replies. The period between Question Hour and the start of the regular business of the house is what has come to be known as Zero Hour. This is often the stormiest part of a day in Parliament because this is when members raise issues of public concern.

If the government fails to satisfy the members with its answers, the Lok Sabha may pass a vote of no confidence against it. This amounts to the government having lost majority support in the house and compels the government to resign.

 

REMOVING HIGH OFFICIALS

 

Parliament can remove certain high officials, such as the President, Vice-President and the judges of the Supreme Court. The procedure for this process, known as impeachment, is laid down in the Constitution.

 

THE EXECUTIVE

 

Throughout this chapter, we have spoken of the 'executive' and the 'government'. The union executive comprises-the President, the Vice- President and the Central Council of Ministers, headed by the Prime Minister. When we speak of the government, we mean the Council of Ministers.

 

THE PRESIDENT

 

The President is the head of the State. He is elected by an electoral collage (a body of people) comprising the elected members of both the houses of Parliament and the legislative assemblies of the states and UTs. The President is elected for a term of five years, but may be re-elected for a second term. To be elected President, a candidate must have the qualifications required to stand for the Lok Sabha elections, in addition to being above 35 years of age.

 

Presidential powers

Since the President is the head of the executive, all executive actions are taken in his/her name. The President appoints the Prime Minister, the Council of Ministers, the governors of the states, the judges of the Supreme Court and high courts, and various other high officials, such as ambassadors and high commissioners to other countries. The President is also the Supreme Commander of the armed forces and appoints the chiefs of the army, navy and air force.

 

You have already read that the President summons and suspends Parliament and can dissolve the Lok Sabha on the advice of the Council of Ministers. He/she can also declare a   in consultation with the Council of Ministers in times of war/ internal conflict or serious financial crisis. The President can take over the governance of a state, if the Governor of the state reports that there is a crisis in the administration of the state. This is called President's Rule. Also, no law can be enacted without the signature of the President and all international treaties and agreements are made in his/her name. The President is also the last court of appeal. A person sentenced to imprisonment or death by a court can appeal to the President for mercy. The President may then reduce the sentence or grant pardon, even in the case of a death sentence.

 

True position

Reading this long list of powers, one may believe that the President is all-powerful. In reality, however, it is the Council of Ministers headed by the Prime Minister that holds all the power. The President is bound to exercise his/her powers on the advice of the Council of Ministers. The President does have the option of asking the Council of Ministers to reconsider its advice on a particular matter, but if the Council of Ministers does not agree, the President has no option but to accept its view.

 

Originally, the Constitution did not specify that the President is bound to follow the advice of the Council of Ministers. There were debates on this issue in the Constituent Assembly and even after the Constitution was adopted. These debates were put to rest by an amendment to the Constitution in 1976. Now, refusal by the President to act on the advice of the Council of Ministers would amount to a violation of the Constitution and lead to his/her impeachment. Thus, the President is merely the nominal (only in name) head of State.

 

THE VICE-PRESIDENT

 

The Vice-President is elected by the members of both houses of Parliament for a term of five years. He/she functions as the President in the President's absence. The Vice-President also acts as the Chairperson of the Rajya Sabha.

 

THE PRIME MINISTER

 

Usually, the head of the party that wins the majority of the Lok Sabha seats becomes the Prime Minister. In the case of a coalition, the head of the party with the greatest number of seats from among the coalition partners becomes the Prime Minister. It is the Prime Minister who is the real head of the Union executive. The Prime Minister chooses the Council of Ministers from among the MPs of the majority party (or coalition). Remember that the ministers can be elected members of either house.

 

THE COUNCIL OF MINISTERS

 

The ministers have different responsibilities or portfolios, for example, defence, finance, foreign affairs and health. Usually, a cabinet minister is given charge of a portfolio. Cabinet ministers have ministers of state under them, though some ministers of state may handle portfolios independently. Deputy Ministers are the junior-most in the hierarchy of ministers. They assist cabinet ministers and ministers of state.

 

The Council of Ministers works as a team, which means the ministers are collectively responsible to Parliament. If one of them loses the confidence of Parliament, the entire Council of Ministers has to resign.