Parliament is under article 79, Rajya Sabha under 80 and Lok Sabha under 81.
Issue:- By passing Rajya Sabha or upper house in state and subterfuge the constitutional mechanism.
- Though Opposition parties hold the strong in the upper house of Karnataka assembly still Prevention of Slaughter and Preservation of Cattle Bill was passed.
- Why such things are happening
- The Upper House has limited say/can’t stop the bill as It is a Money Bill.
- The Rajya Sabha’s role
- Maybe the bills are the demand of the time but dubious mechanisms followed for their enactment can’t be justifiable.
- The Rajya Sabha has historically stopped the ruling party
- 42nd Constitutional Amendment could not be repealed by the Janata regime because the Congress holded strong presence in the Rajya Sabha.
- Rajya Sabha is undoubtedly imperfect, why?
- partly because of constitutional design
- partly because obviously undesirable practices
- E.g members representing States they have no affiliation to, have been allowed to flourish.
The value of bicameralism
- According to Jeremy Waldron
- The virtues of bicameralism are much more important when the two Houses are chosen by different processes of representation and elected on a different schedule.
- the monopoly of the Lower House to represent the ‘people’ makes bicameralism desirable
- Judicial review is hardly practiced in India nowadays so importance of second chamber’s performance.
- In India a Westminster system where the Lower House is dominated by the executive. The Rajya Sabha can make a robust separation of powers possible.
Taking legislature seriously
- In British parliament->
- Prime Minister was being taken to task on ‘Prime Minister’s Questions’ every Wednesday even during the pandemic
- Parliament in India was not even convened