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 ==Page 1==

Fifth Chapter

Unicameral, Bicameral Legislature:

> Among the institutions established by man, the most important is the 'state'.
> The one that fulfills the aims and aspirations of the state is the 'government'.
> "The state in practice is the government" - H.J. Laski
> Government in English is called 'Government'.
> The word 'Government' is derived from the Latin word 'Gubernaculum'.
> "Gubernaculum" means "a great mechanism / a mechanism to steer a boat"
> The theory that states that the powers of the government should be separated between the legislative, executive, and judicial branches.
- Separation of Powers Doctrine.

> Montesquieu, a Frenchman, in his famous book
"The Spirit of Laws" propounded this theory.
> Among the branches of government, the most important branch is the 'Legislative Branch'.
> The first structured effort for the legislature in the world
occurred in (Britain).
> British Parliament. ''Mother of Parliaments'.
> If the structure of the legislature is formed with one house, it is called a unicameral system, and if there are two houses, it is called a bicameral system.

==Page 2==

> The country with the largest legislature in the world: -China
[National People's Congress)
>The legislature that possesses sovereignty.
- British Parliament.
> The system in which members of the upper house inherit their positions.
The Country Where it Happens: (Britain (House of Lords))
> Where members of the Upper House are also directly elected by the people.
– American Senate
> The Upper House where equal representation is given to all states.
- American Senate
[.50 states x 2 = 100 members)
> The country that has given equal powers to both houses.
America
>World Legislatures - Important Names : 1

==Page 3==

World Legislatures - Important Ones

Country        Legislature
1.  USA      Congress     -> Senate
                        -> House of Representatives
2. Britain   Parliament -> House of Lords
                        -> House of Commons
3. Switzerland Federal Assembly  -> Council of states
                                    -> National Council
4.  Russia       Duma -> Council of states
                        Federation council
5.  Germany   Bundestag       -> Bundesrat
6. Australia  Federal Parliament -> Senate.
                        -> House of Commons
7.  Canada
8.  -China  National People's Congress
9. Nepal  National Panchayat
10. Bhutan Tsogdu
11. Myanmar Pyithu Hluttaw
12. Denmark Folketing.
13. Sweden Riksdag
14. Norway
15. Afghanistan Wolesi Jirga

==Page 4==
16. Iraq National Assembly
17. Iran Majlis
18. Poland
19. Finland Eduskunta
20. Iceland Althing
21. Ireland Oireachtas
22. Pakistan National Assembly
Unicameral, Bicameral System:

Arguments in favor of Bicameral System:--

> Ramsay Muir, Sir. Henry Maine, Bluntschli supported.
Bicameral system.
> "Two heads are better than one head, two thoughts are better than one thought
Similarly, two houses are better than one" - Bluntschli
(@ The upper house prevents hasty legislation by the lower house.
(b) Opportunity for thorough discussion on legislation
(c) In a federal system, the upper house represents the states and protects their interests,
interests are protected.
(d) It provides continuity to public opinion.
(e) Efforts to reduce the workload of the lower house.
(f) The knowledgeable, intellectuals, and scientists will have representation.
(g) All sections will have representation.
(h) It can prevent the dictatorial tendencies of the lower house.
:

==Page 5==

Arguments against; -

> One house is sufficient to reflect public opinion.
> The cost of maintaining two houses is high.
> There will be a delay in the passage of legislation.
> S.C to protect the rights of states in federal governments
Since it exists, a separate house is unnecessary.
> Getting membership in the upper house through the nomination method.
is anti-democratic.
> The upper house cannot prevent the dominance of the lower house,
> When there are differences of opinion between the two houses on legislation
To administrative crises, constitutional amendment issues.
There is a possibility of leading to a constitutional crisis.

> Apheas, H.J. Laski opposed the bicameral system.
"If the upper house agrees with the lower house, it is unnecessary.
If it opposes, it is anti-democratic & mischievous."
Apheas.
> The Rajya Sabha in India is only delaying the formation of laws made by the Parliament.
is helping"
- Rajiv Ranjan Roy.
> Dr. B.R. According to Ambedkar's thoughts, the Rajya Sabha is not so much
It is not important. ...
> Addressing both houses of Nehru, the Indian Constitution has two houses
It was said that the establishment was promoted. Later, "Except for financial matters
It is stated that the Rajya Sabha has equal importance to the Lok Sabha
He opined that he has."

==Page 6==

> The constituent assembly opposed establishing upper house in the states.
Main Functions of the Legislature:
-H.V. Kamath

> Modern Law is based on the legislatures.
> Making laws necessary for administration, old
Removing defects in laws and adding new elements.
> Approving the financial policies including the budget.
> Taxes cannot be levied other than in a legal manner.
> Fulfilling constitutional duty through constitutional amendment.
> Fulfilling electoral duties by electing those in high positions.
> Investigating allegations against those in high positions *semi-Judicial
Exercising powers.
> When implementing agreements made with foreign countries in the country
Making laws.
> Determining the salaries of those in high positions.
> Making amendments to the Representation of the People Acts.
> Reorganization of parliamentary and legislative constituencies.
> Establishment of many commissions in the country legally.
> Maintaining control over the government that governs the people.
> It acts as the highest forum for public opinion.

==Page 7==

Reasons for the decline of the legislature:

> Among the branches of government, the legislature has importance.
Although it is considered, due to recent developments.
The legislature is gradually losing its importance.
* Increased technology in legislation:-

> Increased technology & complexity in legislation recently
because of that reason
The Legislature in the drafting of laws often
have to depend. They are coming.
> Matters like financial issues, budget, monetary policy,
When formulating financial experts' advice assistance
It has become mandatory to get it.
* Increase in number of laws:
> With the expansion of administration, the number of laws also expanded.
> More than the number of laws passed in the first decade (1952-61)
The number of laws passed between 1991-2001 has increased 5 times.
* Decreasing session time;

> In 1952-61, the average party meeting was up to 124,
During 1991-2001. It is happening between only 81-84.
• Parliament sessions should be held for at least 100 days in a year.
The Constitutional Review Commission recommended.
Guillotine - As the number of laws increased and the session time decreased,
without any discussion on the bills
Because of the passage
The legislature is gradually losing its importance.

==Page 8==

* Parliamentary Committees:
:
> In modern times, their importance has expanded greatly.
> These act as eyes, ears, and hands for the legislature, and sometimes -:-
Because they act as brains, with the expansion of their importance,
Naturally, the importance of the legislature is decreasing.
+ Delegated Legislation: These can be said to be the laws of the executive branch.
> The executive branch implements the laws made by the legislature.
When enforcing them, to make them practical.. some
Amendments, by-laws & regulations.
These are called Delegated Legislations..
The executive branch makes changes through delegated legislation.
The original meaning of the main laws of the legislature
They are made in such a way that they are changed.
* Increased importance of the executive branch;
>The executive branch convenes the sessions of the legislature,
adjourns and can dissolve the legislature.
> The ordinances issued by the executive branch are considered as ordinary laws.'
will be in circulation.
> Due to emergency situations, its importance has expanded.
* Judicial Review:

> The Judiciary can strike down the laws made by the Legislature as unconstitutional.
It can declare it invalid.
> Judiciary through judicial review can suspend laws that go against the basic structure of constitution.
It puts a hold on legislature's independent behavior.

==Page 9==

* Declining values;

> Chaos in the conduct of meetings, frequent adjournments,
Wasting the time of the House, such matters
are diminishing the respect of the Legislature.
> 11 MPs were disqualified in the cash for questions case.
Declaring, `vote for note' controversy and other such matters
are embarrassing to the Parliament.
* Lack of proper training:

> Newly elected members lack proper training.
Unable to utilize the parliamentary time, and are unable to participate actively.
in the parliamentary work.
* Role of pressure groups:
> As the influence of pressure groups has increased in administration.
To make favorable policies
these groups puts pressure and thus it is unable to function independently.
* The legislative branch is not taken into consideration in foreign policy decisions:

> The foreign policy decisions taken by the Prime Minister and the Central Government
There is no need to submit them for parliamentary approval. That means
Foreign policy decisions can be made without considering the legislature.

==Page 10==

Accountability:

The most important development in governance in modern times
Thing is 'accountability'.
Government is elected by the people for a fixed term.
> The Constitution gives the government limited powers in governance.
is giving.
"Power is like a treasure" - Acton.
> The government is accountable to the people by working within the limits of the constitution
Must act responsibly.
>" Some power leads to some misuse, complete power.
There is a danger of misuse by the organization" - Lord Acton
> "The more power increases, the more control over it should also increase".
- D.L. White
>> "Making a government official accountable for his administrative actions, by the legislation
Administratively, constitutionally, and judicially
Accountability is the set of rules and regulations established:"
- D.L. White
* Although accountability & responsibilities are used as synonyms.
These two have different meanings - Pfiffner.
(a) Accountability:-
> This is a formal process, meaning that a government official
reporting the details to his superior
It is a general process of feeling that one's duty has been fulfilled.
(b). Responsibility:-
» This is a process that conveys a comprehensive feeling and meaning.
> An officer is trying to fulfill the assigned duty comprehensively.
Trying and taking responsibility for his duty, meaning failures,
It is a responsibility process in disasters. 'Responsibility'

==Page 11==

> Accountability 2 types.
(a) Internal - Within a department, reporting to their superiors about their
work, delivering the secret report, yearly report, discussion, likewise
superiors' instructions to their sub-ordinates
It is the responsibility carried out by informing."
(b) External - One department of the government to another department, to the people, to press
Being accountable to the media and explaining their work procedure
is called external accountability.
> Necessity of Accountability:
(1) Transparency in administration:
(2) Adhering to the goals of governance,
(3) Adhering to the goals of the constitution,
(4) Not indulging in abuse of power
(5) Taking responsibility personally and collectively;
(6) Avoiding favoritism, nepotism, and corruption;
(7) It is useful for coordination between different departments in administration;
(8) Self-assessment of their work procedure;
(9) It is used as a measure of the progress achieved.

==Page 12==

Accountability - Control:

> In order to promote accountability and responsibility in the administrative system,
The 'Checks and Balances theory' was introduced.
> The main branches of government, the legislature, the executive, and
When the judiciary exceeds its jurisdiction, another branch
is preventing it. Thereby balance and coordination
is being maintained.
:
> The various branches should exercise their powers within the limits of the Constitution.
powers must be exercised.
> The supreme fundamental law of the country is the 'Constitution'.
> Without exceeding the powers conferred by the Constitution,
Without abusing power, working within their jurisdiction
responsibly, with accountability. In modern
It is a very essential factor.
Legislative Control:-
(a) Over the Executive Branch:
- By questioning the government in Parliament, administrative issues of the government.
Through parliamentary proceedings, the government is made accountable.
- The Council of Ministers is collectively responsible to the Parliament.
- Through cut motions, no-confidence motions, and censure motions
It maintains control over the government.
Parliamentary Committees,
- These committees will check executive working process time to time.

==Page 13==

* Financial Matters;
- Public Accounts, Estimates Committees, Committee on Public Undertakings,
Through matters like budget allocations, the Parliament
controls.
* Through Auditing;
:
-- CAG, who acts as an officer of the Parliament, the government
not only examines the expenses and accounts, but also submits his report.
The President presents it to the Parliament. "
- If the Parliament finds any flaws in the government, it can
-recommend action.
:
(b) Over Judiciary;
- Parliament investigates allegations against judges.
Approves their removal resolution.
- Makes laws necessary to deal with allegations against judges.
regulations.
Ex: Judges Inquiry Act-1968.
- Can establish institutions to supervise and control the functioning of the judiciary.
Ex: National Judicial Council
- Parliament determines the rules regarding the tenure of judges.
regulations and determines their salaries.
The constitution based on which the Judiciary gives verdicts can be changed by the parliament.

==Page 14==

Executive Branch Control:
(a) Over the Legislature;
- The executive can dissolve the legislature before the completion of its term.
- Ordinances issued when not in session are considered as laws.
"
will be in circulation.
- Through delegated legislation, it makes changes, additions,
- by-laws, and regulations in the laws of the legislature.
- The executive branch is the one that drafts the bills necessary
for the legislature to perform its duty.
- In matters like foreign policy decisions,
Decisions can be taken without considering.
(b)Over Judiciary;
- The executive branch appoints, transfers judges.
And. It removes from the position.
- The responsibility to implement the judgments of the judiciary rests with the executive branch.
Judicial Control: -
(a) Over Executive Branch
- Investigates the actions of government officials. Individually
holding them accountable for their actions, investigating those involved in irregularities.
- Accepting petitions from ordinary people, the governments are held accountable.
Issues necessary orders to ensure that they act
- For the protection and implementation of fundamental rights, necessary
orders [writs] are issued.

==Page 15==

-- By issuing Public Interest Litigations (PILs), collective
Measures are taken to protect interests.
- If the administrative actions of the government are unconstitutional
They are prevented through 'judicial review power'.
(b) Over the Legislature;
-
If the ordinary laws made by the Parliament are unconstitutional
It declares them invalid.
- It strikes down laws that are against fundamental rights.
- Constitutional amendments if they violate the basic structure of the constitution.
It declares them invalid.
- Judicial review, judicial independence, and constitutional supremacy
It prevents the legislative branch from taking decisions that violate.
It prevents matters that violate the federal system..

==Page 16==

Central Vigilance Commission

> In the 1960s, due to increasing allegations of corruption against senior officials in the government,
The Central Government appointed the K. Santhanam Committee in 1962.
Committee was appointed.
> Based on the recommendations of this committee, the CVC was formed in 1964.
> Initially, this organization was formed through an executive resolution.
> In 2003, by passing a special act in Parliament
It was given legal status.
> CVC has a chairman.
Two other commissioners are present.
> The President appoints them.
> Prime Minister, Union Home Minister & Leader of Opposition in Lok Sabha
The President appoints the CVC on the recommendation of a committee consisting of
members.
> Tenure of CVC members: 5 or 65 years.
They are not eligible for reappointment.
On grounds of incompetence and misbehavior, the President can remove them from office.
can be removed.
In the same manner that the Public Service Commission members are appointed.
The president removes them.
* For personal reasons (bankruptcy.....) while removing
The President removes them without any inquiry.

==Page 17==

> Introduced in 1946 and amended in 1948
Based on the Delhi Special Police Establishment Act,
this commission functions.
> Anti-Corruption Act - 1988 is the base for CVC.
> CVC, CBI function jointly.
> CVC submits its report to the President, who then places it
before the government, who with discussion report places in the parliament.
> All India Services, Central Government Employees), Government
in public sector undertakings; and those working in government corporations
Investigates allegations, abuse of power, and corruption cases.
> Parliament, S.C, H.C, those working in legislative assemblies....
Investigating those officers is not under the purview of CVC.

==Page 18==

Lokayukta, Lokpal

> In 1809, the 'Ombudsman system' was established in Sweden.
* "To investigate allegations of corruption against those in high positions in the government,
misuse of power, and irregularities
Independent) judicial system is Ombudsman system"
> Today more than 40 countries have established this system.
> The First Administrative Reforms Commission formed in 1966
"At the center and in the states, those in high positions are increasingly facing
To curb corruption Lok Pal [Center), Lokayukta in states) should be
established.
> In 1968, Indira Gandhi's government for the first time introduced the Lokpal Bill
in Parliament.
> Lok Sabha approved and Rajya Sabha was in the process of checking but Lok Sabha
got dissolved, and the bill got lapsed.
> Till date, this bill has been introduced in Parliament 8 times but not passed.
> H.D. Devegowda's government has withdrawn this bill.
> Manmohan Singh's government tried to pass this bill as the 9th attempt
but it was not possible.

==Page 19==

Lokpal system:-
 -> Retired CJI/ Retired Judge of Supreme Court (S.C)
and
Two Members -> Retired Judge of Supreme Court (S.C)
> The President of India appoints the Lokpal system.
> On the recommendation of a committee headed by the DY. Chairman of Rajya Sabha.
The president appoints.
Other members of the committee:.
* Prime Minister
* Union Home Minister
* Speaker of the Lok Sabha
* Leader of Opposition in Lok Sabha
* Leader of Opposition in Rajya Sabha
* Leader of the House who is not a member of the Prime Minister
> Its term: 8 years.
> This system submits its report to the President.
> On grounds of incompetence and misbehavior, in the same way that CVC members are removed,
The President removes them..
> They have to give their resignation letter to the President.
It investigates corruption allegations against the Prime Minister, Union Ministers, MPs, and other senior officials.

==Page 20==

> It investigates cases related to 10 years.
> It functions as a semi-Judiciary system.
> Recommends action but does not take action.
Lokayukta: -

> In the state, the independent judicial system that investigates corruption allegations against those in high positions is 'Lokayukta'.
In 1970, the Orissa government for the first time passed the Lokayukta
Act. *
> Maharashtra in practice. In 1973 for the first time.
established Lokayukta.
> Currently, this system exists in 17 states in the country.
> In AP in 1983, it was established under the name 'Dharma Mahapatra'.
It was repealed in 1984. In 1985, NTR government
for the first time established the Lokayukta system.
> First Lokayukta of AP: Justice. Avula Sambasiva Rao
:
>
Present : Justice. Ananda Reddy