Distribution of powers of the legislature

Distribution of powers of the legislature

The legislative powers and functions of the Union and the States are clearly demarcated in seventh schedule of the Constitution of India. The powers on which both union and the states can legislate is clearly defined. The Constitution has classified the subjects for which the legislation can be made to perform the duties and responsibilities with specific powers for division of powers to avoid the seventh schedule of the constitution which provides for trifurcation of legislative powers;

1. The Union List

2. The State List and

3. The Concurrent List

The Union List includes the subjects over which the parliament has exclusive authority to make laws and change the existing laws. The State Legislature has exclusive authority over subjects mentioned in the state list. In the subjects enumerated in the ‘Concurrent List’ both the Union and the States can legislate. In the event of contradictions between the Union and States, the Union’s authority will prevail. The residuary power is vested in the Centre.

Table Representing difference between Ordinary Bill and Money Bill

Ordinary Bill

1. It can be introduced either in the Lok Sabha or the Rajya Sabha

2. It can be introduced either by a minister or by a private member.

3. It is introduced without the recommendation of the President.

4. It can be amended or rejected by the Rajya Sabha

5. It can be detained by the Rajya Sabha for a maximum period of six months.

6. It does not require the certification of the Speaker when transmitted to the Rajya Sabha (if it has originated in the Lok Sabha).

7. It is sent for the President’s assent only after being approved by both the Houses. In case of the deadlock due to disagreement between the two Houses, a joint sitting of both the houses can be summoned by the President to resolve the deadlock.

8. Its defeat in the Lok Sabha may lead to the resignation of the government (if it introduced by a minister).

9. It can be rejected or approved but cannot be returned for reconsideration by the President.

Money Bill

1. It can be introduced only in the Lok Sabha and not in the Rajya Sabha.

2. It can be introduced only by a minister.

3. It can be introduced only on the recommendation of the President.

4. It cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha should return the bill with or without recommendations, which may be accepted or rejected by the Lok Sabha.

5. It can be detained by the Rajya Sabha for a maximum period of 14 days only.

6. It is requires the certification of the Speaker when transmitted to the Rajya Sabha.

7. It is sent for the President’s assent even if it is approved by only Lok Sabha. There is no chance of any disagreement between the two Houses and hence, there is no provision of joint sitting of both the Houses in this regard.

8. Its defeat in the Lok Sabha leads to the resignation of the government.

9. It can be rejected, approved or returned for reconsideration by the President.

List of powers

Union

1. Defence

2. Atomic Energy

3. Foreign Affairs

4. War and Peace

5. Banking

6. Railways

7. Post and Telegraph

8. Airways

9. Ports

10. Foreign Trade

11. Currency & Coinage

Lists of Powers State

1. Agriculture

2. Police

3. Prison

4. Local Government

5. Public Heath

6. Land

7. Liquor

8. Trade and Commerce

9. Livestock and Animal Husbandry

10. State Public Services

Concurrent

1. Education

2. Transfer of Property other than Agricultural land

3. Forests

4. Trade Unions

5. Adulteration

6. Adoption and Succession

Activity - Critical Debate

MPs paid well, but show less productivity: citizens’ report

‘In 2010-12, Lok Sabha worked for average of less than four hours a day during 227 sittings in 852 hours’

India’s parliamentarians are one of the best paid legislators across the world but they lag when it comes to performing legislative business, says the National Social Watch’s “Citizens’ Report on Governance and Development 2013.”

“In terms of absolute amount, the value of Indian MPs’ pay and perks is higher than [that of] their counterparts in Singapore, Japan and Italy. It is four and a half times higher than that of Pakistan; and is about 68 times higher than the per capita income of the country

Highlighting the low productivity of parliamentarians, the report points out that the nine sessions during 2010-12 saw the Lok Sabha working for an average of less than four hours of work a day during its 227 sittings in 852 hours, which is less than two-thirds of scheduled six hours per day. In the process, about 577 hours have been lost in disruptions and forced adjournments.

Courtesy : The Hindu – 23.12.2013.

Task : In this connection list out the different parameters to assess the performance on MP?