📝 Chapter Notes & Revision

Parliament and the Making of Laws

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Class 8: Social Science (Civics)

Chapter: Parliament and the Making of Laws


1. Introduction to Parliament

  • Parliament (संसद): The supreme law-making body of India. It is the legislative organ of the Union government.
  • Role of People: In a democracy, citizens (the people) are the most important participants. They give consent to the government through elections.
  • Universal Adult Suffrage (सार्वभौमिक वयस्क मताधिकार): All adult citizens of the country (aged 18 and above) have the right to vote regardless of their caste, religion, gender, or economic status.

2. Why Should People Decide?

  • Democratic Government: A government by the people, for the people, and of the people.
  • Citizen's Consent: The basic idea in a democracy is that the individual or the citizen is the most important person and that the government needs the approval (consent) of these citizens.
  • Representatives: People elect their representatives to the Parliament, who then make decisions and run the government on behalf of the citizens.

3. Composition of the Indian Parliament

The Parliament of India consists of the President and two Houses:

  1. Lok Sabha (House of the People / Lower House):

    • Total Strength: 543 elected members + 2 nominated Anglo-Indian members (Note: Nomination for Anglo-Indians ended via 104th Constitutional Amendment Act, making elected strength 543).
    • Tenure: 5 years.
    • Head: Presided over by the Speaker.
    • Function: Directly elected by the people of India.
  2. Rajya Sabha (Council of States / Upper House):

    • Total Strength: Maximum 250 members (238 elected from States and Union Territories + 12 nominated by the President for their contributions in art, literature, science, and social service).
    • Tenure: Permanent body (not subject to dissolution). One-third of its members retire every two years. Each member has a term of 6 years.
    • Head: Presided over by the Vice-President of India (Chairman).
    • Function: Represents the interests of the states and union territories.

4. Key Functions of the Parliament

  • To Select the National Government:

    • After Lok Sabha elections, a party or coalition with a majority needs at least 272 members to form the government.
    • The leader of the ruling party/coalition becomes the Prime Minister (PM).
    • The PM selects other ministers (Cabinet Ministers) to handle different ministries.
    • Rajya Sabha's role: It reviews and alters laws made by the Lok Sabha and also has the power to initiate legislation.
  • To Control, Guide, and Inform the Government:

    • Question Hour (प्रश्नकाल): The first hour of a sitting session where MPs ask questions about the working of the government. This is a crucial way through which Parliament controls the executive.
    • Opposition parties play a vital role by highlighting governmental loopholes, policy failures, and popular grievances.
  • Law-Making (कानून बनाना):

    • The most important function of the Parliament is making new laws and amending or repealing old ones.

5. What is a Law? / How Are Laws Made?

  • Law (कानून): A system of rules created and enforced through social or governmental institutions to regulate behavior.
  • Bill (विधेयक): A draft of a proposed law presented to Parliament for discussion.

Steps in the Law-Making Process:

  1. Introduction (Drafting): A bill is drafted by the concerned ministry. It can be introduced in either the Lok Sabha or the Rajya Sabha (except Money Bills, which originate only in the Lok Sabha).
  2. Debate and Discussion: Extensive debates take place in the House. Members discuss the pros and cons of the bill.
  3. Voting: The bill is put to vote. If it gets a majority vote, it passes to the next House.
  4. Second House: The process (debate and voting) is repeated in the second House.
  5. President's Assent: Once approved by both Houses, the bill is sent to the President of India.
  6. Act (अधिनियम): Once the President signs (gives assent) the bill, it officially becomes a Law.

6. Controversial and Unpopular Laws

  • Sometimes a law passed by the Parliament is constitutionally valid, but it may be politically or socially unpopular or controversial because people feel it is unfair or discriminatory.
  • Citizen's Action: Citizens can express their dissent through:
    • Holding public meetings
    • Writing in newspapers/media
    • Reporting to TV channels
    • Approaching the Judiciary (Court) if the law violates the Constitution.
  • Role of Judiciary: The judiciary has the power to declare a law null and void if it does not conform to the Constitution of India (Judicial Review).

Quick Memory Map for Exams

  • Supreme Law-making body: Parliament
  • Lower House: Lok Sabha (543 members)
  • Upper House: Rajya Sabha (250 members max)
  • Head of Lok Sabha: Speaker
  • Head of Rajya Sabha: Vice-President of India
  • Minimum seats required to form Government: 272
  • Draft to Law journey: Bill $\rightarrow$ Passed by Lok Sabha $\rightarrow$ Passed by Rajya Sabha $\rightarrow$ President's Assent $\rightarrow$ Law (Act)