Legislature: concept, functions and types

Theoretical overview

Government has three branches namely- legislature, executive and judiciary.

Legislature is one of the organ of the government which makes laws for the country. The legislature have power to control the other two organs of the government. Without legislature the other two organ of government will not exist that’s why legislature occupies the first place among the three organs of the government. So we can say that legislature is the law-making branch.

Parliament of India comprises President, Lok Sabha (Lower House) and Rajya Sabha (Upper House). Lok Sabha is called House of People while Rajya Sabha is called the Council of States. The names, ‘Lok Sabha’  and ‘Rajya Sabha’ were adopted in 1954 by the Indian Parliament. Article 79-122 in the Indian Constitution deals with the Indian Parliament. The two houses of parliament are different from each other.

Lok Sabha: Lok Sabha is called the house of people. Where people who are qualified to vote can elect their representative by way of direct election. It continued for 5 year but it can be dissolved earlier by passing no confidence motion. The speaker is the head of this house. The minimum age to become member is 25 year old and it  consist of 552 members. All the bills originate in Lok Sabha mostly and after passing through Rajya Sabha , they are returned for Lok Sabha approval it plays a major role in legislature. 

Rajya Sabha: it is called council of state where representative are elected indirectly by the elected representative of the states and UT. It is the permanent body vice president is the chairman of the house minimum age to become the member is 30 year it consist of 250 members. Rajya Sabha has special powers to protect the states right against the union.

Lok Sabha is more powerful than Rajya Sabha.

Functions of legislature

1. Legislative function: the primary function of legislature is to make law. It removes and change the old and unnecessary laws and make new laws to meet the present requirement. In the ancient time law used to be either deprived from customs , traditions and religions or were the words of king. However in modern time legislature is the main source of law.
2. Deliberative functions: the laws are made by discussion in the parliament. This discussion provide opportunities to each member not only to present his own view but also permits to mold his own view. Through this power the legislature acts as a link b/w the public and the government.
3. Control over budget: the legislature have the control over budget of the government without its approval the executive can not spend a single money. Each year the executive has to prepare and get passed from the legislature the budget for the coming financial year. 
4. Control over executive: legislature exercise full control over the executive or the council of minister. It has right to put questions and parliament can remove the cabinet.
5. Electoral function: the legislature have right to elect the executive. In India both the houses of parliament can participate in the election of the president of India.
6. Judicial function: In India, the Union Parliament can impeach the President. It has also the power to pass a resolution for the removal of Judges of the Supreme Court and of the High Court’s on the ground of misbehaviour or incapacity.
7. Constitutional function: legislature plays an important role in amending the constitution. Amending constitution is similar to law making.

Types of legislature

 There are two types of legislature :

1. Bicameral legislature
2. Unicameral legislature 

A modern legislature is either Bicameral or Unicameral. Bicameralism means a legislature with two houses while uni-cameralism means a legislature with a single house. A large number of modern legislatures, particularly of big states, are bicameral i.e. legislatures with two houses (Bi = Two, Cameral = House).

However several states, mostly the small states and provinces of a federal system, have unicameral legislatures, i.e. legislatures with single houses. Where the legislature is bicameral, the first house is usually called the lower house, and the second house is called the upper house.

 India , USA, France, Russia, Switzerland, Australia have bicameral legislature.

China, New Zealand, Zimbabwe, Turkey, Portugal  etc have unicameral legislature.

Points to remember

1. legislature is the law-making branch.
2. The legislature occupies the first place among the three organs of the government.
3. Legislature are of two type: bicameral and unicameral
4. India , USA, France, Russia, Switzerland, Australia have bicameral legislature.
5. China, New Zealand, Zimbabwe, Turkey, Portugal  etc have unicameral legislature.
6. Legislature follows many functions such as legislative function, control over executive, electoral function, deliberative functions, constitutional function and many more functions.
7. Lok Sabha is called the house of people.
8. Lok Sabha consist of 552 members.
9. Rajya Sabha is called council of state.
10.  Rajya Sabha consist of 250 members.