Concept Notes 1: Foundations of Representative Democracy & Bicameral Parliament
The Constitution of India establishes a parliamentary form of government at both the Union and State levels. Modelled broadly after the British Westminster system yet adapted to India's vast federal diversity, the Indian parliamentary framework divides the governance of the nation into three distinct organs: the Legislature (which makes laws), the Executive (which implements laws), and the Judiciary (which interprets laws and protects constitutional rights).
1. Why a Parliamentary System?
During the framing of the Constitution between 1946 and 1949, the Constituent Assembly debated whether to adopt the American presidential system or the British parliamentary model:
- Accountability over Stability: In a presidential system, the executive is elected for a fixed term and cannot be easily removed by the legislature. The Constituent Assembly prioritised continuous day-to-day accountability to prevent the concentration of authoritarian power.
- Familiarity with Parliamentary Norms: India had developed familiarity with legislative institutions under colonial reforms (such as the Government of India Acts of 1919 and 1935), making the transition to full democratic parliamentarism smoother.
- Pluralism and Federal Accommodation: A parliamentary system allows diverse cultural, regional, and linguistic communities to find voice in the central cabinet and both houses of Parliament.
2. The Bicameral Architecture: Lok Sabha and Rajya Sabha
Under Article 79 of the Constitution, the Union Parliament consists of the President of India and two Houses:
┌───────────────────────────┐
│ PARLIAMENT OF INDIA │
│ (Sansad) │
└─────────────┬─────────────┘
│
┌──────────────────────────┼──────────────────────────┐
▼ ▼ ▼
┌──────────────┐ ┌──────────────┐ ┌──────────────┐
│ PRESIDENT │ │ LOK SABHA │ │ RAJYA SABHA │
│ (Head of │ │ (House of │ │ (Council of │
│ State) │ │ the People) │ │ States) │
└──────────────┘ └──────────────┘ └──────────────┘
Detailed Comparison Matrix
| Feature | Lok Sabha (House of the People) | Rajya Sabha (Council of States) |
|---|---|---|
| Chamber Nature | Lower House; represents citizens directly | Upper House; represents States & Union Territories |
| Maximum Strength | 550 elected members (current working strength: 543) | 250 members (238 elected from States/UTs + 12 nominated) |
| Method of Election | Direct election by universal adult suffrage (FPTP system) | Indirect election by elected MLAs of State Legislative Assemblies |
| Tenure | 5 years (can be dissolved earlier by the President) | Permanent body; one-third of members retire every 2 years |
| Presiding Officer | Speaker (elected by Lok Sabha members) | Vice President of India (ex-officio Chairman) |
| Minimum Age | 25 years | 30 years |
| Exclusive Powers | Introduction of Money Bills; confidence / no-confidence motions | Creation of new All-India Services (Art. 312); State list resolution (Art. 249) |
3. Deliberative Functions of Parliament
The Parliament is not merely a voting hall; it is the supreme deliberative forum of the nation:
- National Deliberation: Debating socio-economic crises, national security, foreign treaties, and annual budgets.
- Constituent Powers: Amending the Constitution under Article 368 with requisite special majorities.
- Electoral Role: Participating in the election of the President and Vice President of India.
- Judicial / Removal Functions: Initiating impeachment against the President, and removal motions for Supreme Court and High Court judges.