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Legislative Practices

The document outlines a comprehensive syllabus covering the powers and functions of people's representatives in governance, the legislative process, and the budgetary framework in India. It details the roles of Members of Parliament, State Legislative Assemblies, and local self-governments, as well as the stages of how a bill becomes law and the importance of parliamentary committees. Additionally, it discusses the budget process, the role of Parliament in reviewing the Union budget, and the historical context of the Railway budget.

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0% found this document useful (0 votes)
1 views

Legislative Practices

The document outlines a comprehensive syllabus covering the powers and functions of people's representatives in governance, the legislative process, and the budgetary framework in India. It details the roles of Members of Parliament, State Legislative Assemblies, and local self-governments, as well as the stages of how a bill becomes law and the importance of parliamentary committees. Additionally, it discusses the budget process, the role of Parliament in reviewing the Union budget, and the historical context of the Railway budget.

Uploaded by

krishna singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Complete Syllabus

Unit 1:
 Powers and functions of people’s representatives at different tiers of
governance
o Members of Parliament
o State Legislative Assemblies
o Functionaries of rural and urban local self-government (Zila
Parishad, Municipal Corporation, Panchayat/Ward)
Unit 2:
 Supporting the legislative process
o How a bill becomes law
o Role of standing committees in reviewing a bill
o Legislative consultants
o The framing of rules and regulations
o Types of committees
o Role of committees in reviewing government finances, policy,
programmes, and legislation
Unit 3:
 Reading the budget document
 Overview of budget process
 Role of Parliament in reviewing the Union budget
 Railway budget
 Examination of demand for grants of ministries
 Working of ministries
Unit 4:
 Support in media monitoring and communication
 Types of media and their significance for legislators
 Basics of communication in print and electronic media

Unit 1: Powers and Functions of People’s Representatives at Different Tiers of


Governance

1. Members of Parliament (MPs)


Composition and Structure
 Bicameral Parliament: India has a bicameral legislature at the union level
consisting of:
o Lok Sabha (House of the People): The lower house, directly
elected by the people of India through general elections held
every five years. The maximum strength is 552 members, including
up to 530 from states, 20 from Union Territories, and 2 nominated
members from the Anglo-Indian community (a provision recently
abolished by the 104th Constitutional Amendment Act, 2019).
o Rajya Sabha (Council of States): The upper house, a permanent
body with members elected indirectly by the elected members of
the State Legislative Assemblies using proportional representation
with a single transferable vote. It has a maximum strength of 250
members, including 12 nominated members appointed by the
President for their expertise in fields such as literature, science,
art, and social service.
Powers and Functions
Legislative Powers
 Union and Concurrent List: Parliament (both houses) has exclusive
powers to legislate on subjects in the Union List and concurrent powers
on the Concurrent List.
 Initiation and Passage of Bills: Bills can be introduced in either house
except Money Bills, which must be introduced only in Lok Sabha.
 Money Bills: Money Bills relate to taxation, borrowing, expenditure, and
financial obligations of the government. After Lok Sabha passes a Money
Bill, it is sent to Rajya Sabha which can only recommend amendments
and must return it within 14 days.
Financial Powers
 Budget Approval: The Union Budget (Annual Financial Statement) is
presented by the Finance Minister in Lok Sabha. Parliament authorizes
government spending through the Appropriation Bill and authorizes
taxation through the Finance Bill.
 No Confidence Motion: Lok Sabha can express its lack of confidence in
the government, which if passed, results in the resignation of the Council
of Ministers.
Control over the Executive
 Question Hour: MPs ask questions to ministers about government
policies and actions.
 Zero Hour: MPs raise urgent matters.
 Debates and Discussions: Parliament debates on national policies, bills,
and current issues.
 Committees: MPs participate in various committees such as Public
Accounts Committee and Estimates Committee to scrutinize government
functioning.
Electoral Functions
 MPs elect the President and Vice-President of India through an electoral
college.
 Rajya Sabha members are elected by MLAs of States and Union
Territories.
Constituent Powers
 Parliament can amend the Constitution under Article 368 with different
procedures depending on the nature of the amendment.
Role in Governance
MPs play a critical role in shaping the legislative framework, overseeing the
government, and representing public interests. The effectiveness of Parliament
depends on the active participation of its members in debates, questions, and
committee work.

2. Members of State Legislative Assemblies (MLAs)


Composition and Structure
 State legislatures can be unicameral or bicameral. Most states have a
single legislative assembly called the Vidhan Sabha. Some states also
have a Vidhan Parishad (Legislative Council).
 MLAs are directly elected by voters of the respective constituencies, with
a term of 5 years.
Powers and Functions
Legislative Powers
 MLAs legislate on subjects in the State List and Concurrent List.
 Bills related to state matters are introduced and passed here.
 The Vidhan Parishad (where present) reviews and suggests amendments
to bills passed by the Vidhan Sabha.
Financial Powers
 State legislatures approve the state budget, taxation proposals, and
expenditure.
 The Money Bills at the state level are introduced in the Vidhan Sabha.
Control over the State Executive
 MLAs hold the state government accountable through questioning
ministers, debates, and motions such as No Confidence.
 They ensure that state policies and programmes are implemented
efficiently.
Electoral Functions
 MLAs elect members to the Rajya Sabha.
 They also participate in the election of the President of India.
Role in Governance
MLAs act as a vital link between the people and the state government,
influencing local development and policy through their legislative role.

3. Functionaries of Rural and Urban Local Self-Government


Background and Constitutional Provisions
 The 73rd Amendment (1992) provides constitutional status to
Panchayati Raj Institutions (PRIs) in rural areas.
 The 74th Amendment (1992) grants constitutional recognition to Urban
Local Bodies (ULBs) such as Municipal Corporations, Municipal Councils,
and Nagar Panchayats.
Structure of Local Bodies
 Rural Local Governance:
o Zila Parishad (District Level): The apex rural local body at the
district level.
o Panchayat Samiti (Block Level): Middle tier, responsible for
development activities.
o Gram Panchayat (Village Level): Base level, directly elected by
villagers.
 Urban Local Governance:
o Municipal Corporation: Governs large cities.
o Municipal Council: Administers smaller towns.
o Nagar Panchayat: Transitional areas moving from rural to urban.
Powers and Functions
Administrative and Developmental Functions
 Local bodies implement government schemes related to:
o Water supply and sanitation
o Health and family welfare
o Education, especially primary education
o Agriculture and rural development
o Infrastructure development like roads and street lighting
o Poverty alleviation and social welfare programmes
Financial Powers
 They can levy and collect local taxes, fees, and tolls.
 Receive grants and funds from central and state governments.
Planning and Coordination
 Local bodies prepare plans for social and economic development.
 Coordinate activities of various government departments at the local
level.
Democratic and Participatory Governance
 Elections are held every five years.
 Local representatives act as the voice of citizens at grassroots level.
 Promote decentralized governance and empower marginalized sections,
including Scheduled Castes, Scheduled Tribes, and women (through
reservation).
Challenges
 Insufficient funds and dependence on higher levels of government.
 Lack of trained personnel.
 Political interference and administrative inefficiency.

Unit 2: Supporting the Legislative Process

1. How a Bill Becomes Law


A Bill is a draft proposal for new legislation or for an amendment to an existing
law. The process of turning a bill into law involves several stages and
procedures, ensuring thorough scrutiny.
Stages of a Bill in Parliament:
 Introduction (First Reading):
o A bill is introduced in either house (Lok Sabha or Rajya Sabha),
except for Money Bills which can only be introduced in Lok Sabha.
o The member (Minister or Private Member) introduces the bill, and
the short title is read.
o No debate occurs at this stage.
 Second Reading:
o The bill is considered in detail.
o The house debates the general principles and specific clauses.
o The bill may be referred to a Standing Committee for detailed
examination.
o The house votes on the bill or its clauses.
 Committee Stage:
o The Standing Committee or Select Committee studies the bill
clause-by-clause.
o Experts, government officials, and the public may be consulted.
o The committee submits a report with recommendations and
amendments.
 Third Reading:
o The house debates the final version of the bill.
o Members can accept or reject the bill but cannot make further
amendments.
o The bill is then voted on and passed or rejected.
 Other House:
o After passing in one house, the bill is sent to the other house.
o The second house repeats the same process.
o If the second house rejects or amends the bill, the first house
considers the changes.
o If disagreements persist, a Joint Sitting of both houses may be
convened.
 Presidential Assent:
o After both houses pass the bill, it is sent to the President for
assent.
o The President can:
 Give assent, and the bill becomes law.
 Withhold assent.
 Return the bill (except Money Bills) for reconsideration.
o If the bill is passed again, the President must give assent.

2. Role of Standing Committees in Reviewing a Bill


 Standing Committees are permanent parliamentary committees
constituted to perform specific functions.
 When a bill is referred to a Standing Committee, it examines the bill
clause-by-clause.
 The committee may summon experts, officials, and stakeholders to
gather information.
 It submits a detailed report suggesting acceptance, modification, or
rejection of clauses.
 Standing Committees ensure technical scrutiny and prevent hasty
legislation.
 They also help in building consensus and improving the quality of
legislation.

3. Legislative Consultants
 Legislative consultants are experts (legal, policy, or subject specialists)
who assist members of parliament and committees in drafting laws.
 They provide technical advice on the legal language, consistency with
existing laws, and implications of proposed provisions.
 Consultants help in research, comparative analysis, and impact
assessment of legislation.
 Their role is vital for complex bills that require specialized knowledge.

4. The Framing of Rules and Regulations


 After a law is passed by the Parliament, the executive branch often
frames rules and regulations for its implementation.
 These subordinate legislations provide detailed procedures, standards,
and guidelines.
 The power to make rules is usually delegated to ministers or government
departments through the parent Act.
 These rules have the force of law but are subject to the provisions of the
parent statute.
 Parliament exercises oversight on these rules through committees or
during budget discussions.

5. Types of Committees
Parliamentary committees are classified broadly into:
 Standing Committees (Permanent):
o E.g., Public Accounts Committee, Estimates Committee,
Committee on Public Undertakings.
o Review government functioning, budgets, policies, and bills.
 Select Committees:
o Appointed for a specific bill or purpose.
o Dissolved after the task is completed.
 Joint Committees:
o Consist of members from both houses.
o Set up to consider issues of common interest.
 Ad Hoc Committees:
o Temporary committees for a specific issue or investigation.
 Committee on Government Assurances:
o Ensures the government fulfills its promises in Parliament.

6. Role of Committees in Reviewing Government Finances, Policy,


Programmes, and Legislation
 Financial Oversight:
o Committees like the Public Accounts Committee (PAC) examine
government expenditures to ensure proper use of funds.
o The Estimates Committee scrutinizes budget estimates and
suggests economies.
o Committee on Public Undertakings reviews the functioning of
government-owned enterprises.
 Policy and Program Review:
o Committees analyze the implementation and effectiveness of
government policies and programmes.
o They identify loopholes, recommend improvements, and hold the
government accountable.
 Legislative Review:
o Committees evaluate the necessity, impact, and feasibility of
proposed legislation.
o They seek stakeholder inputs and expert opinions to refine laws.
 Committees promote transparency, prevent arbitrary executive action,
and enhance parliamentary control over the government.
Unit 3: Reading the Budget Document –

1. Overview of the Budget Process


What is a Budget?
 A Budget is a financial statement presenting the estimated government
receipts and expenditures for a particular financial year.
 It serves as a tool for economic planning, resource allocation, and
government accountability.
 The budget reflects government priorities in social welfare,
infrastructure, defense, subsidies, and more.
Fiscal Year and Budget Cycle
 The Indian fiscal year runs from April 1 to March 31.
 The budget cycle involves several stages from preparation to
implementation and post-budget review.
Types of Budgets
 Annual Financial Statement (Union Budget):
o Presented by the Finance Minister in Parliament, it includes all
revenues and expenditures of the government.
o Divided into Revenue Budget (recurring income and expenses)
and Capital Budget (capital receipts and expenditure).
 Railway Budget:
o Historically a separate budget focusing on Indian Railways,
introduced in 1924 due to its significant contribution to the
economy.
o Included revenues, operating expenses, and capital investments
related to railways.
o Merged with the Union Budget in 2017 to streamline government
finances.
 Interim Budget:
o Presented in an election year before a new government is formed.
o Focuses on routine expenditures without major policy changes.
 Supplementary and Revised Budgets:
o Used during the year to accommodate unplanned expenditures or
revise revenue estimates.
Budget Formulation Process
 Preparation:
o Ministries and departments submit detailed expenditure
proposals to the Department of Expenditure in the Ministry of
Finance.
o The Finance Ministry consolidates these demands, estimating
revenue projections based on tax collection, non-tax revenues,
and borrowing.
 Budget Presentation:
o The Finance Minister presents the budget in the Lok Sabha.
o The budget speech highlights economic performance, fiscal policy,
tax proposals, welfare schemes, and investment priorities.
 Parliamentary Scrutiny:
o The budget is scrutinized by MPs through debates, question hours,
and discussions.
o The Estimates Committee and Public Accounts Committee play a
key role in detailed examination.
 Passing the Budget:
o The Appropriation Bill authorizes government expenditure.
o The Finance Bill legalizes new taxation proposals.
o Both must be passed by Parliament for the budget to come into
effect.

2. Role of Parliament in Reviewing the Union Budget


Parliamentary Control Over Public Finance
 Democratic Accountability:
Parliament’s approval is essential before the government can spend
public money, ensuring accountability.
 Detailed Examination:
The budget is not just a financial document but a policy statement, and
Parliament debates its social and economic implications.
 Demand for Grants:
Parliament discusses and votes on individual ministry and department
budget demands separately, allowing for focused scrutiny.
 Questioning and Debates:
During budget sessions, MPs raise questions, demand clarifications, and
debate priorities like subsidies, defense, education, and health.
 Committees’ Role:
o Estimates Committee examines the economy, efficiency, and
effectiveness of government spending.
o Public Accounts Committee (PAC) reviews the actual expenditures
and flags irregularities.
o Committee on Finance oversees fiscal policies and taxation.
 Money Bills:
Only the Lok Sabha can introduce and pass Money Bills related to
taxation and government expenditure. The Rajya Sabha can only make
recommendations but cannot reject them.
Budget as a Policy Tool
 Parliament uses the budget to influence the government's policy
direction.
 It debates issues such as fiscal deficit, inflation control, tax reforms, and
subsidy rationalization.
 Through budgetary control, Parliament can prioritize sectors and allocate
resources accordingly.
3. Railway Budget
Historical Significance
 The Railway Budget was separated from the general budget since 1924
due to the huge scale of the railway network and its financial
independence.
 Railways are critical to India’s economy, providing transport for
passengers and freight.
Key Features
 Presented before the general budget, focusing on:
o Fare structures,
o New railway projects,
o Investment in infrastructure and rolling stock,
o Railway subsidies and financial health.
Merger with Union Budget
 Since 2017, the Railway Budget was merged with the Union Budget to
integrate all government finances.
 This merger aims to improve planning and allocation efficiency across
sectors.

4. Examination of Demand for Grants of Ministries


What are Demands for Grants?
 Each ministry submits detailed financial requests called Demands for
Grants, specifying funds needed for various programs and activities.
 Includes:
o Revenue Expenditure: Salaries, subsidies, maintenance, grants.
o Capital Expenditure: Infrastructure, equipment, investment.
Parliamentary Process
 Demands are listed ministry-wise.
 Parliament debates and votes on each demand.
 Members can suggest reductions or reallocation.
 Finance Committee and Estimates Committee provide technical reviews.
Importance
 Allows granular scrutiny and prevents arbitrary allocation.
 Encourages ministries to justify their expenditures and align them with
policy goals.
 Prevents misuse of funds by parliamentary oversight.

5. Working of Ministries
Role of Ministries in Budgeting
 Ministries are responsible for preparing detailed budget proposals
aligning with government priorities.
 They manage funds, implement programs, and report on progress.
Budget Implementation
 Ministries execute budgets through their administrative machinery.
 They must adhere to limits set by Parliament.
 Ministries monitor expenditures and prepare progress reports.
Accountability and Oversight
 Ministries answer parliamentary questions regarding fund usage.
 Committees examine ministry performance and can summon ministers
or officials.
 Audits by the Comptroller and Auditor General (CAG) ensure financial
propriety.
Challenges Faced
 Delays in fund releases.
 Coordination among ministries and departments.
 Managing unforeseen expenditures.
 Balancing competing priorities under limited resources.

Unit 4: Support in Media Monitoring and Communication

1. Types of Media and Their Significance for Legislators


Media plays a crucial role in shaping public opinion, disseminating information,
and holding government accountable. For legislators, understanding media is
vital for effective communication, constituency outreach, and policy advocacy.
Types of Media
 Print Media:
o Includes newspapers, magazines, journals, newsletters, and
pamphlets.
o Advantages: Detailed analysis, permanence, credibility, and wide
reach in urban and rural areas.
o Significance for Legislators: Print media helps in reaching educated
audiences, opinion leaders, and policymakers. Legislators can use
newspapers for press releases, opinion pieces, and
advertisements.
 Electronic Media:
o Includes television, radio, and cinema.
o Advantages: Immediate reach, visual and auditory appeal, wide
audience base including illiterate populations.
o Significance: Television and radio are powerful tools for mass
communication, election campaigns, public announcements, and
debates. Live coverage can amplify a legislator’s message quickly.
 Digital Media:
o Includes websites, social media platforms (Facebook, Twitter,
Instagram, YouTube), blogs, and online news portals.
o Advantages: Interactive, instant, global reach, cost-effective,
allows direct engagement with the public.
o Significance: Legislators use digital media for real-time updates,
engaging youth, crisis communication, and building personal
brands.
 Outdoor Media:
o Includes billboards, posters, hoardings, banners, and wall
paintings.
o Significance: Useful for localized visibility, especially during
election campaigns and public awareness drives.
 Community Media:
o Includes community radio, local cable channels, and neighborhood
newsletters.
o Significance: Targets local populations effectively, helps legislators
connect with grassroots communities.
Importance of Media for Legislators
 Information Dissemination: Media is essential for communicating
government policies, schemes, and initiatives to the public.
 Public Opinion: Media shapes and reflects public opinion, helping
legislators gauge the mood of their constituency.
 Accountability: Media acts as a watchdog, scrutinizing government
actions and ensuring transparency.
 Image Building: Positive media coverage enhances a legislator’s public
image and credibility.
 Mobilization: Media helps mobilize public support for social causes,
election campaigns, and legislative priorities.

2. Basics of Communication in Print and Electronic Media


Effective communication is critical for legislators to convey their message
clearly and persuasively.
Communication in Print Media
 Press Releases:
o Official statements sent to newspapers and magazines to
announce policy decisions, events, or responses.
o Must be concise, factual, and newsworthy.
o Should contain quotes, statistics, and contact details for follow-up.
 Opinion Articles and Editorials:
o Legislators write opinion pieces to influence public debate and
articulate their stance on issues.
o Requires logical arguments, credible data, and persuasive
language.
 Interviews and Press Conferences:
o Platforms where legislators can directly address the media.
o Preparation is key: anticipate questions, provide clear answers,
and avoid controversial statements.
 Letters to the Editor:
o Short letters to newspapers expressing views or clarifying
positions.
o Helps engage with readers and influence editorial policies.
Communication in Electronic Media
 Television:
o Visual presentation demands clarity, brevity, and confidence.
o Use of body language, tone, and appearance is important.
o Live debates and interviews require quick thinking and composure.
 Radio:
o Focus on voice modulation, clarity, and engaging content.
o Without visuals, the message relies entirely on words and tone.
 Digital Media and Social Networks:
o Requires regular updates, responsiveness, and authenticity.
o Use of multimedia (images, videos, infographics) enhances
engagement.
o Social media allows two-way communication—responding to
public queries and feedback.
Principles of Effective Communication
 Clarity: Use simple, jargon-free language.
 Conciseness: Be brief but informative.
 Consistency: Maintain the same message across different platforms.
 Credibility: Base communication on facts and verifiable data.
 Engagement: Encourage dialogue and respond to feedback.
 Timing: Release information at the right moment for maximum impact.

3. Media Monitoring for Legislators


Media monitoring involves tracking news, editorials, social media trends, and
public opinion to stay informed and respond proactively.
Importance of Media Monitoring
 Helps legislators gauge public reaction to policies or events.
 Identifies misinformation or negative coverage that requires clarification.
 Tracks opponents’ activities and media strategies.
 Provides insights for shaping communication and legislative strategy.
Tools and Techniques
 Clipping Services: Collect printed media coverage relevant to the
legislator.
 Media Tracking Software: Digital tools that monitor online news, social
media mentions, and trends.
 Social Media Analytics: Platforms like Facebook Insights, Twitter
Analytics provide data on engagement and reach.
 Public Feedback: Constituent calls, emails, and social media comments.
Using Media Monitoring
 Respond quickly to emerging issues or controversies.
 Adjust communication strategies based on public sentiment.
 Prepare for parliamentary debates or public meetings with up-to-date
information.
 Build media relations by addressing journalists’ concerns and inquiries.

4. Challenges in Media Communication


 Information Overload: With abundant media, getting attention is
difficult.
 Misinformation and Fake News: False information can damage
reputations.
 Media Bias: Some media outlets may have partisan leanings.
 Rapid News Cycle: Legislators must respond quickly to breaking news.
 Privacy and Security: Managing personal information and digital
security.

Summary
Understanding the diverse media landscape and mastering communication
skills empower legislators to effectively represent their constituents, influence
policy, and maintain public trust. Media monitoring enables them to stay
ahead, manage their image, and respond strategically to the dynamic public
environment.

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