Concept:
The state is a politically organised society and government is its machinery. A modern government has three branches - legislature, executive and judiciary. Among the three, according to Gilchrist "the legislative authority forms the major premises, the judiciary, the minor and the executive the conclusion". The legislature in every modern democratic state is elected by and is responsible to the people. It is an indispensable part of the democratic machinery.
The legislature is law-making branch. It expresses the will of the State and the laws that it makes serve as a vehicle to the sovereignty of the state. It provides a basis for the working of the executive and the judiciary. Unless laws are made the question of enforcing them or interpreting them does not arise. Hence, the legislature occupied the first place among the three organs of government.
Functions:
1. Legislative functions - Law making is the foremost function of a legislature as it is the direct source of legislation. Law is regarded as the expression or the will of the people. The laws reflect the changing conditions of society and the new social environment. The laws have to adjust themselves to the ever changing requirements of the society.The law making powers of the legislatures are absolute. They are limited by the provisions of the constitution.
2. Regulatory Functions - The executive is under responsible and answerable to the legislature for all its actions. The legislature exercises its control by a) asking questions to the ministers ; b) it, can move adjournment motions or raise debates; c) it can move no confidence motion. Though such a motion it can express its lack of confidence in the government, which if passed by the legislature forces the party in power to resign. These powers of the legislature regulate the working of the government to a large extent.
3. Financial Powers - The legislature has very important powers is the field of finance. It acts as the guardian of national purse. It regulates the income and expenditure of the government in respect of its various projects, administrative and welfare. People's money must be controlled and spent under the supervision and control of their representatives to prevent its misuse and wasteful expenditure. The theory no taxation without representation recognizes the supremacy of the legislature, which is the fund raising and fund granting authority. All proposals for financial legislation are routed through the popular chamber.
4. Deliberative Functions - This is a body which facilitates determination of policies and legislation through a process of debate and discussion. This discussion provides with opportunities to each member not only to present the view and perception of his party but also permits to mould his own views in light of the discussion. Through this power the legislative acts as a link between the public and the government.
5. Judicial Function - The legislature also exercises some judicial function. Certain countries have entrusted to their legislatures the function of trying high constitutional authorities. In India the President, the judges of Supreme Court, the members of U.P.S.C, the Comptroller and Auditor General can be impeached by the Parliament after fulfilling certain constitutional formalities. Very often the legislatures appoint commissions of inquiry relating to trade, commerce, agriculture, industry etc.
6. Constitutional Functions - The legislatures also have constitutional functions to perform. Most of the legislatures have been entrusted with the powers to amend the constitution. In India all amendment proposals can be initiated only in the legislature. So is the case with Britain and U.S.A. In all such cases the legislature exercises its constituent powers under a number of procedural restrictions.
7. Electoral Functions - Many of the legislatures participate in electoral functions. The Indian Parliament takes part in the election of the President and Vice-President of India. It also elects some its members to various committees of the House. It elects its presiding and deputy presiding officers.
Types :
A common controversy about the structure of legislature is whether it should be unicameral or bicameral. A bicameral system is one in which the legislature consists of two chambers or houses.
In a unicameral system, the legislature consists of a single chamber. In India, England, the U.S.A. and in most of the countries of the world, bicameralism has been adopted.
It was generally held that single chambers “were charcterised by instability, violence and passion and that their actions were unbalanced and impulsive.” It is consequently thought necessary to have bicameral system.
For Unicameralism:
A Single House:
1. Permits quick action.
2. Avoids obstruction of the will of the people.
3. Permits clear responsibility of the cabinet in a parliamentary system of government.
4. Reduces duplication and confusion of responsibility relating to law-making
5. Avoids dead-lock or conflict in legislation.
6. is less expensive.
For Bicameralism:
Two Houses:
1. Provide a check on hasty and ill-considered legislation.
2. Avoid dictatorial functions of a single chamber.
3. Help public opinion form by interposing delay
4. Reflect the popular will at all times and also allows representation to different classes.
5. Make useful revision of legislation.
6. Help to divide the work- load.
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