This MCQ module is based on: Why We Need a Legislature — Bicameral Logic
TOPIC 13 OF 29
Why We Need a Legislature — Bicameral Logic
🎓 Class 11
Social Science
CBSE
Theory
Ch 5 — Legislature
⏱ ~25 min
🌐 Language: [gtranslate]
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Chapter 5 · Legislature — Part 1: Why Do We Need a Legislature & Why Two Houses?
Imagine a country where laws are simply announced by the Prime Minister and ministers without anyone debating them, without anyone speaking on behalf of farmers, students or workers, and without anyone publicly questioning the government. Would you feel that you, as a citizen, are truly represented? This is exactly why every democracy — including ours — rests on a legislature. In this part we ask three central questions: Why do we need a legislature? Why does India have two Houses of Parliament instead of one? And how is Indian Parliament structured under Article 79 of the Constitution?
5.0 Setting the Stage — The Heart of Democracy
You have already studied how elections are conducted in India and how citizens choose their representatives. The result of this exercise is a body that meets, debates and decides on behalf of the people: the legislature. The Indian legislature is far more than a lawmaking shop. It is the centre of every democratic political process — packed with action, walkouts, demonstrations, unanimity, concern and cooperation. Each of these is not noise but a vital part of how a democracy actually functions.
A legislature? is, indeed, indispensable. A genuine democracy is inconceivable without a representative, efficient and effective legislature. Above all, the legislature helps people in holding their representatives accountable — the very basis of representative democracy.
📖 Definition
Legislature: The organ of government that debates issues, passes laws, controls the executive and represents the diverse voices of the people. In India, the Union legislature is called Parliament; the State legislature is called the State Legislature.
5.1 Why Do We Need a Parliament?
In many democracies today, legislatures are losing central place to the executive. In India too, the Cabinet initiates policies, sets the agenda for governance and carries them through. Some critics therefore remark that Parliament has declined in influence. But even very strong cabinets must retain a majority in the legislature. A strong leader has to face the Parliament and answer to its satisfaction. Herein lies the democratic potential of the Parliament.
Parliament is recognised as one of the most democratic and open forums of debate. On account of its composition, it is the most representative of all organs of government. It is, above all, vested with the power to choose and dismiss the government.
Lawmaking
Parliament enacts the laws under which the country is administered. But this is only one of its many jobs.
Deliberation
It is the highest forum of debate — analysing every public issue without limit.
Representation
It brings together MPs from every region, religion, caste and class — making the “rainbow” of India visible in one chamber.
Control of Executive
Through Question Hour, no-confidence motions and debates, it keeps the Cabinet on a short leash.
5.1.1 The Six Functions of Parliament
Apart from making laws, the Indian Parliament performs many other interlocking functions. The NCERT chapter lists them as follows.
| Function | What it means |
|---|---|
| Legislative | Enacts laws for the country. The Cabinet drafts most bills, but Parliament approves them. |
| Control of executive | Ensures the executive does not overstep authority and remains responsible to the people. |
| Financial | Approves taxation and budgets; verifies how government has spent public money. |
| Representation | Reflects divergent regional, social, economic and religious views of the country. |
| Debating | Highest forum of free debate; members can speak on any matter without fear. |
| Constituent | Discusses and enacts amendments to the Constitution by special majority. |
To this list, the chapter adds two more functions that flow naturally from the above:
- Electoral functions: Parliament elects the President and the Vice-President of India.
- Judicial functions: It considers proposals for the removal of the President, the Vice-President and Judges of High Courts and the Supreme Court.
📜 The chapter’s opening claim
Legislature is not merely a lawmaking body. Lawmaking is but one of its functions. It is the centre of all democratic political process — packed with action, walkouts, protests, demonstrations, unanimity, concern and cooperation. All these serve very vital purposes.
— NCERT, Indian Constitution at Work, Chapter 5
LET’S EXPLORE — What if there were no legislature?
Bloom: L4 Analyse
The NCERT chapter places four newspaper reports before us. Read them and decide whether the legislature succeeded or failed in controlling the executive in each case.
- 28 February 2002 — Finance Minister Jaswant Singh announced a roughly 5% rise in fertiliser prices in the Union Budget (an increase of Rs 12 in a 50 kg bag of urea).
- 11 March 2002 — Under intense opposition pressure inside Parliament, the Finance Minister was forced to roll back the fertiliser price increases.
- 4 June 1998 — The Lok Sabha witnessed acrimonious scenes over the proposed 50 paise/kg hike in urea prices; the entire opposition staged a walkout. Within a day, Finance Minister Yashwant Sinha rolled back the hike.
- 22 February 1983 — The Lok Sabha unanimously suspended its official business to give precedence to a debate on Assam, with Home Minister P.C. Sethi seeking cross-party cooperation in promoting harmony.
✅ Pointers
In all three Budget incidents (2002 and 1998) the legislature succeeded in controlling the executive: the government was forced to retreat from a tax/price decision because of debate, walkouts and the threat of losing votes. The Assam debate of 1983 demonstrated a different success — the legislature could rise above party lines to address a national emergency. Without a sitting Parliament, none of these corrections would have been possible.
5.2 Why Do We Need Two Houses of Parliament?
The term “Parliament” refers to the national legislature. The legislature of a State is described as the State legislature. The Parliament in India has two Houses. When there are two Houses of the legislature, it is called a bicameral? legislature. The two Houses of the Indian Parliament are:
- The Council of States — the Rajya Sabha; and
- The House of the People — the Lok Sabha.
The Constitution gives each State the option of having either a unicameral or a bicameral legislature. At present only six States have a bicameral legislature.
Andhra Pradesh
Bicameral — Legislative Assembly + Legislative Council
Bihar
Bicameral
Karnataka
Bicameral
Maharashtra
Bicameral
Telangana
Bicameral
Uttar Pradesh
Bicameral
5.2.1 The Logic of Bicameralism
Why prefer two Houses to one? Countries with large size and significant diversity usually prefer two Houses for two reasons:
- Representation of all sections: The second House gives a separate voice to all geographical regions and parts of the country, alongside the popular House.
- Reconsideration: Every decision taken by one House goes to the other House for its decision. This means every bill and policy is discussed twice — a double check on every matter, so that even a hasty decision is re-examined.
💡 Why a “revising” Upper House?
In the Constituent Assembly, Purnima Banerji argued: an Upper House could perform the useful function of being a revising body — its views may count, but not its votes. Those who could not enter into the rough-and-tumble of active politics could still advise the Lower House. (CAD, Vol. IX, p. 33, 30 July 1949)
Article 79 declares: “There shall be a Parliament for the Union which shall consist of the President and two Houses to be known as the Council of States and the House of the People.”
5.2.2 Two Logics of Representation
Within the second chamber there are two possible principles of representation. One way is to give equal representation to all the parts of the country irrespective of their size or population — we may call this symmetrical representation. The alternative is to give representation according to population, so that more populous regions get more seats. India follows the population-based principle for the Rajya Sabha.
In the USA, every state has equal representation in the Senate, ensuring equality of all the states. But this also means that a small state would have the same representation as a larger one. The framers of the Indian Constitution wanted to prevent such a discrepancy. The number of members elected from each State is fixed by the Fourth Schedule of the Constitution.
| Country | Upper House | Principle | Effect for a small state vs a large state |
|---|---|---|---|
| USA | Senate | Symmetrical (2 per state) | Wyoming = California (each gets 2 senators) |
| India | Rajya Sabha | Population-based (Fourth Schedule) | UP gets 31; Sikkim gets 1 |
| Germany | Bundesrat | Tiered population bands | 16 federal states share 69 seats by population range |
5.2.3 Bicameralism in Germany — A Comparison
🌍 Box: Bicameralism in Germany
Germany has a bicameral legislature. The two Houses are known as the Federal Assembly (Bundestag) and the Federal Council (Bundesrat). The Bundestag is elected by a complex system combining direct and proportional representation for a period of four years. The 16 federal states of Germany are represented in the Federal Council. The 69 seats of the Bundesrat are divided among the states on the basis of a range of populations. These members are generally ministers in state-level governments and are appointed, not elected, by the governments of the federal states. According to German law, all the members from one state must vote as a bloc as per the instructions of the state governments. Sometimes, due to coalition government at the state level, they fail to reach an agreement and may have to abstain. The Bundesrat does not vote on every legislative initiative, but all policy areas on which the federal states have concurrent powers and are responsible for federal regulations must be passed by it. It can also veto such legislation.
THINK ABOUT IT — What if Rajya Sabha used the US system?
Bloom: L4 Analyse
If the Rajya Sabha followed the American principle of equal representation, Uttar Pradesh (population 1998.12 lakhs in the chapter’s figures) would receive the same number of seats as Sikkim (only 6.10 lakhs). Today, by contrast, UP sends 31 members to the Rajya Sabha while Sikkim has just 1.
- Calculate roughly how many citizens each Sikkim-Rajya-Sabha-MP represents, and how many each UP MP represents under the current rule.
- Now repeat the calculation if both states had the same number of seats. What does this tell you about the “weight” of a single voter?
- Argue why the Indian framers chose the population-based formula despite the federal logic.
✅ Pointers
Equal representation would amplify the voice of small states grossly — a Sikkim voter’s “weight” in the Upper House would be hundreds of times greater than a UP voter’s. India’s framers were uncomfortable with this trade-off in such a populous country. They balanced federalism with majoritarian concern for the population principle.
5.3 Why Two Houses? Five Concrete Reasons (Recap)
1. Federal voice
Rajya Sabha gives the States a separate voice in the Union legislature.
2. Reconsideration
Every bill is debated twice — a check against hasty decisions in the Lok Sabha.
3. Diversity
Twelve nominated members add expertise from literature, science, art and social service.
4. Continuity
Rajya Sabha is permanent — it can meet even when the Lok Sabha is dissolved.
5. Quality of debate
Senior, less partisan voices can revise hot-headed legislation passed by the popular House.
5.4 Article 79 — Indian Parliament’s Three-Element Structure
The Indian Constitution does not declare Parliament to consist only of the two Houses. Article 79 includes the President as a constituent part of the Parliament. There are three reasons for this design:
- The President summons and prorogues the Houses, and can dissolve the Lok Sabha.
- No bill becomes a law without the President’s assent; the President can withhold or send back a non-money bill for reconsideration.
- When Parliament is not in session, the President may issue an ordinance?, which has the force of law until Parliament meets and decides on it.
⚠ Common confusion
Many students think that “Parliament” means only the Lok Sabha and the Rajya Sabha. Strictly speaking, Parliament has three elements — President + Rajya Sabha + Lok Sabha. The President never sits in either House, but a bill is not law until s/he signs it.
5.5 Closer Look — State Legislatures Today
The Constitution allows each State to choose either a unicameral or a bicameral legislature. The lower House of a State legislature is called the Vidhan Sabha (Legislative Assembly); where it exists, the upper House is called the Vidhan Parishad (Legislative Council).
| State | Type |
|---|---|
| Andhra Pradesh | Bicameral |
| Bihar | Bicameral |
| Karnataka | Bicameral |
| Maharashtra | Bicameral |
| Telangana | Bicameral |
| Uttar Pradesh | Bicameral |
| All other Indian States | Unicameral? (only Vidhan Sabha) |
Case Study · India’s federal balancing act
Why our Rajya Sabha is not the US Senate
India is a Union of States with vast population disparities — from Uttar Pradesh with 200+ million people to Sikkim with under a million. A US-style Senate where Sikkim and UP got equal seats would distort federalism in the other direction: it would over-empower the smallest states. India’s framers therefore picked a middle path — representation in the Rajya Sabha is by population among the States, while still making the Rajya Sabha permanent and shielding it from sudden majoritarian moods of the popular House.
Case Study · United States Senate
Symmetrical bicameralism — the “equal states” logic
In the US Senate, every state — from California (about 39 million people) to Wyoming (about 0.6 million) — gets exactly 2 Senators. The framers of the US Constitution made this trade-off to convince small states to join the Union. The result is high federal protection for small states, but each Wyoming voter ends up with roughly 65 times more “Senate weight” than a Californian voter. India’s framers studied this and rejected the formula.
5.6 Summing Up — The Big Picture
So what have we learnt? A legislature is not a luxury but a necessity in any democracy. It debates, deliberates, represents diverse voices and controls the executive. India’s framers chose a bicameral Parliament because of the country’s size and diversity, with the Rajya Sabha giving States a separate voice and the Lok Sabha giving direct popular representation. Article 79 further weaves the President into Parliament so that the executive and legislature stay constitutionally connected. In the next part we will examine how each of these two Houses is composed, what powers each enjoys, and where the special “federal” powers of the Rajya Sabha lie.
📋
Competency-Based Questions — Part 1
Case Study: A new student-government in your school proposes to abolish its “Senate of senior students” and run only with the popularly elected Junior Council. Some students argue this will be faster and cheaper; others fear hasty decisions and unfair treatment of certain houses. The debate echoes the larger constitutional question of why we have two Houses of Parliament.
Q1. Article 79 of the Indian Constitution declares that Parliament consists of:
L1 RememberAnswer: (B) — Article 79 makes the President a constituent part of Parliament along with the two Houses, since no bill becomes law without the President’s assent.
Q2. Which of the following is NOT a function of the Indian Parliament listed in NCERT Chapter 5?
L2 UnderstandAnswer: (C) — Conducting general elections is the job of the Election Commission of India, not Parliament. Parliament makes laws, controls the executive, approves the budget, debates, represents and amends the Constitution.
Q3. Look at the four newspaper reports in NCERT (urea price hike 2002, urea hike 1998, Assam debate 1983, Harijan atrocities 1985). In about 60 words, evaluate whether the legislature succeeded or failed in controlling the executive.
L5 EvaluateModel Answer: In both Budget cases (1998 and 2002), the legislature succeeded — opposition pressure forced the Finance Minister to roll back fertiliser hikes. The Assam debate of 1983 succeeded too, in shifting national attention away from partisan politics towards a healing approach. The 1985 Harijan-atrocities protest registered concern but did not by itself produce policy change. Overall, the legislature succeeded more often when it spoke with one voice.
HOT Q. Suppose the Constitution of Pratiraj abolishes the Upper House altogether to save costs. Construct two scenarios where this decision could later prove costly for democracy in Pratiraj.
L6 CreateHint: (i) A populist majority in the only House passes a hasty law that violates minority rights — without a revising chamber the error stands. (ii) Smaller regions or minority languages lose all federal voice in Parliament; they have no chamber where their concerns can be heard before a national bill becomes law.
⚖ Assertion–Reason Questions — Part 1
Options:
(A) Both A and R are true, and R is the correct explanation of A.
(B) Both A and R are true, but R is NOT the correct explanation of A.
(C) A is true, but R is false.
(D) A is false, but R is true.
(A) Both A and R are true, and R is the correct explanation of A.
(B) Both A and R are true, but R is NOT the correct explanation of A.
(C) A is true, but R is false.
(D) A is false, but R is true.
Assertion (A): India has adopted a bicameral national legislature.
Reason (R): A country that is large and diverse usually finds two Houses of legislature useful for representing different regions and for reconsidering decisions.
Answer: (A) — Both statements are true and R is exactly the reasoning offered by NCERT and accepted by the framers of the Indian Constitution.
Assertion (A): Article 79 of the Constitution makes the President a part of Parliament.
Reason (R): The President sits and votes in either House just like any Member of Parliament.
Answer: (C) — A is true: Article 79 includes the President in Parliament. R is false: the President never sits or votes in either House. The President’s constitutional role is to summon, prorogue and assent.
Assertion (A): All Indian States today have a bicameral legislature.
Reason (R): The Constitution gives the States the option of having either a unicameral or a bicameral legislature.
Answer: (D) — A is false: only six States — Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh — have a bicameral legislature. R is true: the choice is left to each State.
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