Parliament & State legislatures

Model Answer

Introduction

The Rajya Sabha, the upper house of India’s Parliament, has undergone a remarkable transformation in recent decades. Once dismissed as a ‘useless stepney tyre,’ it has evolved into an indispensable supporting organ, playing a vital role in the legislative process and safeguarding the principles of Indian democracy.

Factors Contributing to Transformation

1. Checks and Balances:
   The Rajya Sabha serves as an essential check on the actions and policies of the Lok Sabha and the executive. By scrutinizing bills and legislation, it ensures that government decisions are well-considered and that minority voices are not suppressed. For instance, in 2015, the Rajya Sabha blocked the controversial Land Acquisition Bill, which was criticized for being anti-farmer and lacking adequate compensation for land acquisition.
2. Representation of States:
   Members of the Rajya Sabha are elected by the State Legislative Assemblies, ensuring equal representation for each state regardless of population size. This balanced representation upholds federalism and protects state interests, as seen in the passage of the Goods and Services Tax (GST) Bill in 2016, where the Rajya Sabha considered the interests of all states.
3. Special Powers:
   The Rajya Sabha has unique powers, such as initiating the creation of All India Services. This was evident in 1951 when it initiated the establishment of services like the Indian Administrative Service, which are crucial for governance.
4. Review and Reconsideration:
   The Rajya Sabha reviews and reconsiders bills passed by the Lok Sabha, allowing for thorough examination and preventing hasty decisions. For example, the Triple Talaq Bill was sent back by the Rajya Sabha for further scrutiny before being passed.
5. Role in Constitutional Amendments:
   The Rajya Sabha plays a critical role in amending the Constitution, as its approval is necessary for any amendments. The 123rd Constitutional Amendment Bill, which granted constitutional status to the National Commission for Backward Classes, was passed by the Rajya Sabha in 2018.
6. Deliberation and Debate:
   The Rajya Sabha provides a platform for informed debate on key policy issues, often featuring experts and experienced politicians. This was evident during the debate on the Citizenship Amendment Act in 2019, which allowed for a detailed examination of its implications.
7. Stability and Continuity:
   Unlike the Lok Sabha, the Rajya Sabha is a permanent house, with one-third of its members retiring every two years. This structure ensures stability and continuity in legislative processes, as seen during the COVID-19 crisis when the Rajya Sabha continued its duties without disruption.

Conclusion

The Rajya Sabha has transformed into a crucial component of India’s parliamentary democracy, playing a vital role in upholding federalism and ensuring thorough legislative scrutiny. While it has made significant strides, there remains potential for further improvement, particularly in enhancing transparency and collaboration with the Lok Sabha.

Model Answer

Introduction

India’s federal structure features a bicameral legislature in several states, comprising an Upper House known as the Legislative Council (Vidhan Parishad) and a Lower House (Legislative Assembly). Currently, states like Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have Legislative Councils, established under specific constitutional provisions.

Constitutional Provisions

Establishment of Legislative Councils

• Article 169: This article empowers Parliament to create or abolish Legislative Councils in states. A resolution must be passed by a majority of the total membership of the Legislative Assembly, with not less than two-thirds of the members present and voting.

Composition and Membership

• Article 171: The composition of the Legislative Council is defined, stating that it should not exceed one-third of the Legislative Assembly’s total members and must have a minimum of 40 members. Members are elected through various methods, including:
  • Indirect elections by the Legislative Assembly.
  • Elections by local authority electorates, graduates, and teachers, as well as nominations by the Governor.

Working of Legislative Councils

• Legislative Councils review and scrutinize bills passed by the Legislative Assembly. However, their powers are limited compared to the Assembly. They can recommend amendments and delay bills but cannot permanently block them. If a bill is not passed within a certain period, the Legislative Assembly can reintroduce it, deeming it passed by both Houses.
• Notably, Legislative Councils cannot initiate or reject Money Bills; they can only suggest amendments.

Current Status and Illustrations

As of now, six states in India maintain Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. A recent example is the abolition of the Legislative Council in Jammu and Kashmir when the state was reorganized into a Union Territory in 2019.

The necessity and relevance of Legislative Councils continue to spark debate. Proponents argue they provide checks on legislation and representation for diverse groups, while critics contend they are a financial burden and often hinder legislative efficiency.

Conclusion

The discussion around Legislative Councils underscores the complexities of balancing diverse interests and effective governance within India’s federal framework, reflecting ongoing challenges in legislative processes.

Model Answer

Introduction

The Governor, as the constitutional head of a state in India, wields specific legislative powers designed to address urgent issues when the State Legislature is not in session. Understanding these powers and the legality of their exercise is crucial for maintaining democratic governance.

Essential Conditions for Exercise of Legislative Powers by the Governor

1. Ordinance-Making Power

Under Article 213 of the Constitution, the Governor can promulgate ordinances when the State Legislature is not in session and immediate action is required.

• Requirement: Such ordinances must be placed before the State Legislature once it reconvenes. They automatically cease to operate after six weeks from the date of reassembly unless approved by the Legislature.

2. Discretionary Powers

The Governor possesses discretionary powers in specific situations, such as when no party has a clear majority in the State Legislature or during a constitutional crisis.

• Function: In these cases, the Governor can decide on the best course of action to ensure the stability and smooth functioning of the state government

Legality of Re-Promulgation of Ordinances

Re-promulgation of ordinances without placing them before the Legislature contravenes the spirit of the Constitution, which emphasizes legislative oversight and democratic governance.

• In the landmark case of D.C. Wadhwa v. State of Bihar (1987), the Supreme Court ruled that re-promulgating ordinances without legislative approval is unconstitutional.
  • Observation: The Court noted that ordinance-making is a temporary measure and should not serve as a substitute for legislative authority.
• The 2017 judgment in Krishna Kumar Singh v. State of Bihar reaffirmed this stance, declaring that such actions constitute a “fraud on the Constitution.”
  • Conclusion: The Court emphasized that the Governor’s ordinance-making power should be exercised judiciously and only in emergencies when the Legislature is not in session.

Conclusion

Maintaining a balance between the Governor’s legislative powers and the necessity for legislative scrutiny is vital for upholding the spirit of the Constitution and preserving India’s democratic framework. The judicial precedents underscore the importance of legislative oversight in the exercise of these powers.