unit-10 Institutional Framework

unit-10 Institutional Framework - Unit 10: Legislature...

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Unit 10: Legislature Structure 10.0 Objectives 10.1 Introduction 10.2 Indian legislature historical background 10.3 Union Legislature 10. 3.1.The President 10.3.2 The Parliament: Lok Sabha 10.3.3 The Parliament: Rajya Sabha 10.3. 4 Special Powers of Rajya Sabha 10.4 The Presiding Officers 10.4.1 The Speaker 10.4.2 The Chairperson of Rajya Sabha 10.5 Legislative Procedure 10.5.1 Money Bills 10.6 Parliamentary privileges 10.7 parliamentary devices to control the executive 10.7.1 Parliamentary Committees 10.8 State Legislature 10.9 Decline of Legislature 10.10 Let Us Sum Up 10.11 Some Useful Books 10.12. Answers to Check Your Progress Exercises 10.0 OBJECTIVES This unit examines the evolution, structure and functioning of the Indian Parliament. After going through this unit, you should be able to: Trace the evolution of modern legislature in India; Discuss the organisation and functions of the Parliament; and Explain parliamentary procedures 10.1 INTRODUCTION The term legislature has been derived from the Latin word lex , which means a distinct kind of legal rule mainly of general application. This rule is named legislation, and the institution, which enacts it on behalf of the people, is known as legislature. Essentially, there are two models of legislative structure: the Parliamentary and the Presidential. In the parliamentary model, the executive is selected by the legislature from among its own members. Therefore, the executive is responsible to the legislature. The Presidential system is based on the theory of separation of powers and does not permit any person to serve simultaneously in both executive and legislature. The Parliament of India, which is the creation of the Constitution, is the supreme representative authority of the people. It is the highest legislative organ. It is the national forum for the articulation of public opinion. 1
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10.2 INDIAN LEGISLATURE HISTORICAL BACKGROUND Indian Parliament did not emerge overnight; it evolved gradually during the British rule, particularly since 1858 when the British Crown assumed sovereignty over India from the East India Company. By the Government of India Act of 1858 the powers of the Crown were to be exercised by the Secretary of State for India assisted by a Council of India. The Secretary of State, who was responsible to the British Parliament, governed India through the Governor- General, assisted by an Executive Council consisting of high government officials. There was no separation of powers; all the powers--legislative, executive, military and civil-- were vested in this Governor-General in Council. The Indian Council Act of 1861 introduced little bit of popular element as it included some additional non-official members in the Executive Council and allowed them to participate in the transaction of legislative business. The Legislative Council was neither deliberative nor representative. Its members were nominated and their role was limited only to the consideration of legislative
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unit-10 Institutional Framework - Unit 10: Legislature...

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