Unit Two

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 The Making of Laws
Parliament and
Teachers Note
This is a continuation of the theme of government that has already been dealt with in the Class
VI and VII textbooks. Hence, a recap of ideas is important especially those related to elections,
representation and participation. These ideas can be made more clear to students through bringing
in actual examples into the classroom. Newspaper and TV reports could be used to facilitate this.

Chapter 3 discusses some of the functions of Parliament. The ways in which these connect to the
idea of parliamentary democracy need to be emphasised. Hence it is important to explain the
critical role played by citizens and allow students to air views regarding this. At times students
might be cynical about the political process and your role as a teacher is not to dismiss or agree
with this cynicism but rather redirect it towards what the Constitution intends.

Chapter 4 is on understanding laws. Children have little exposure to laws. Therefore, they
would require more examples from a familiar context. It is through this they can figure out
that laws are meant to apply in an equitable manner. The chapter begins by discussing how
this rule of law emerged and the ways in which the nationalists opposed the arbitrariness of
British laws.

The storyboard contained in Chapter 4 portrays how a new law comes into being. The focus of
this storyboard is not on the processes within Parliament. In contrast, the storyboard highlights
the important role that people play in transforming an urgent social issue into law. In addition
to the law already highlighted, it would be good to discuss another example of a new/contemplated
law so that students can relate to the role of people in bringing this about.

The chapter ends with a section on unpopular laws. These refer to laws that often restrict the
Fundamental Rights of certain populations. History provides us with examples of several groups
that protest what they view as unjust laws. Bring in these examples into the classroom to
discuss how a law can be unpopular. Allow students to research more examples in the Indian
context and debate these in the classroom using the Fundamental Rights listed in Chapter 1 as
their yardstick.

29

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Chapter 3 Why Do We Need a Parliament?
We in India pride ourselves on being a democracy.
Here we will try and understand the relation between
the ideas of participation in decision-making and
the need for all democratic governments to have the
consent of their citizens.

It is these elements that together make us a

democracy and this is best expressed in the institution
of the Parliament. In this chapter, we will try to see
how the Parliament enables citizens of India to
participate in decision making and control the
government, thus making it the most important
symbol of Indian democracy and a key feature of
the Constitution.

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 Why Do We Need a
Parliament?
Why should People Decide?
India, as we know, became independent on 15 August 1947. What do you think the artist
Preceding this was a long and difficult struggle in which is trying to convey through
many sections of society participated. People from various the image of Parliament on
the previous page?
backgrounds joined the struggle and they were inspired by
the ideas of freedom, equality and participation in decision
making. Under colonial rule, the people had lived in fear
of the British government and did not agree with many of
the decisions that they took. But they faced grave danger if
they tried to criticise these decisions. The freedom
movement changed this situation. The nationalists began
to openly criticise the British government and make
demands. As far back as 1885, the Indian National Congress
demanded that there be elected members in the legislature
with a right to discuss the budget and ask questions. The
Government of India Act 1909, allowed for some elected
representation. While these early legislatures under the
British government were in response to the growing
demands of the nationalists, they did not allow for all adults
to vote nor could people participate in decision making.

As you read in Chapter 1, the experience of colonial rule as

well as the participation of different people in the struggle
for freedom left little doubt in the minds of the nationalists
that all persons in independent India would be able to
participate in making decisions. With the coming of
independence, we were going to be citizens of a free
country. This did not mean that the government could do
what it felt like, it meant that the government had to be The above photo shows a voter reading
instructions on how to use an Electronic Voting
sensitive to peoples needs and demands. The dreams and Machine (EVM). EVMs were used throughout
aspirations of the freedom struggle were made concrete in the country for the first time in the 2004
the Constitution of independent India that laid down the general elections. The use of EVMs in 2004
saved around 1,50,000 trees which would
principle of universal adult franchise, i.e. that all adult have been cut to produce about 8,000 tons of
citizens of the country have the right to vote. paper for printing the ballot papers.

31 Chapter 3: Why Do We Need a Parliament?

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Give one reason why you think People and their Representatives
there should be universal adult
franchise. The take-off point for a democracy is the idea of consent, i.e.
Do you think there would be the desire, approval and participation of people. It is the
any difference if the class decision of people that creates a democratic government and
monitor was selected by the decides about its functioning. The basic idea in this kind of
teacher or elected by the democracy is that the individual or the citizen is the most
students? Discuss. important person and that in principle the government as well
as other public institutions need to have the trust of these
citizens.
How does the individual give approval to the government? One
way of doing so, as you read, is through elections. People would
elect their representatives to the Parliament, then, one group
from among these elected representatives forms the government.
The Parliament, which is made up of all representatives together,
controls and guides the government. In this sense people, through
their chosen representatives, form the government and also
control it.

This photo shows election staff using an

elephant to carry polling material and EVMs to
polling stations located in difficult terrain.

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The above idea of representation has been an important theme
in your Class VI and VII Social and Political Life textbooks. You
are familiar with how representatives are chosen at different
levels of government. Let us recall these ideas by doing the
following exercises.

1. Use the terms constituency and represent to explain who an MLA is and how the
person gets elected?

2. Discuss with your teacher the difference between a State Legislative Assembly
(Vidhan Sabha) and the Parliament (Lok Sabha).

3. From the list below, identify the work of a State government and that of a Central
government.
(a) The decision of the Indian government to maintain peaceful relations
with China.
(b)The decision of the Madhya Pradesh government to discontinue Board
exams in Class VIII for all schools under this Board.
(c) Introduction of a new train connection between Ajmer and Mysore.

Q
(d)Introduction of a new 1,000 rupee note.

4. Fill in the blanks with the following words.

universal adult franchise; MLAs; representatives; directly
Democratic governments in our times are usually referred to as representative
democracies. In representative democracies, people do not participate ...............
but, instead, choose their ...............through an election process. These .........
meet and make decisions for the entire population. These days, a government
cannot call itself democratic unless it allows what is known as ............................................
This means that all adult citizens in the country are allowed to vote.

5. You have read that most elected members whether in the Panchayat, or the Vidhan
Sabha or the Parliament are elected for a fixed period of five years. Why do
we have a system where the representatives are elected for a fixed period and not
for life?

6. You have read that people participate in other ways and not just through elections
to express approval or disapproval of the actions of government. Can you describe
three such ways through a small skit?

33 Chapter 3: Why Do We Need a Parliament?

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 1

2 3

1. The Parliament of India (Sansad) is the supreme law-making institution. It has two Houses, the Rajya Sabha and the Lok Sabha.
2. Rajya Sabha (Council of States), with a total strength of 245 members, is chaired by the Vice-President of India.
3. Lok Sabha (House of the People), with a total membership of 545, is presided over by the Speaker.

The Role of the Parliament

Created after 1947, the Indian Parliament is an expression of the
faith that the people of India have in principles of democracy.
These are participation by people in the decision-making process
and government by consent. The Parliament in our system has
immense powers because it is the representative of the people.
Elections to the Parliament are held in a similar manner as they
are for the state legislature. The Lok Sabha is usually elected
once every five years. The country is divided into numerous
constituencies as shown in the map on page 41. Each of these
constituencies elects one person to the Parliament. The candidates
who contest elections usually belong to different political parties.

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With the help of the table below, let us understand
this further.

Results of the 16th Lok Sabha Elections, (May 2014)

Political Party No. of MPs Use the table alongside to
answer the questions below:
National Parties Who will form the
government? Why?
Bharatiya Janata Party (BJP) 282
Who will be present for
Communist Party of India (CPI) 1
discussions in the Lok Sabha?
Communist Party of India (Marxist) (CPM) 9
Is this process similar to what
Indian National Congress (INC) 44 you have read about in
Nationalist Congress Party (NCP) 6 Class VII?
State Parties (Regional Parties)
Aam Aadmi Party (AAP) 4
All India Anna Dravida Munnetra Kazhagam 37
All India Trinamool Congress 34
All India United Democratic Front 3
Biju Janata Dal (BJD) 20
Indian National Lok Dal (INLD) 2
Indian Union Muslim League (IUML) 2
Jammu and Kashmir Peoples Democratic Party 3
Janata Dal (Secular) 2 The photograph on page 28
shows results from the 3rd Lok
Janata Dal (United) 2 Sabha elections held in 1962.
Jharkhand Mukti Morcha (JMM) 2 Use the photograph to answer
Lok Jan Shakti Party 6 the following questions:
Rashtriya Janata Dal (RJD) 4 a. Which state has the highest
Samajwadi Party (SP) 5 number of MPs in the Lok
Shiromani Akali Dal 4 Sabha? Why do you think this
is so?
Shiv Sena 18
b. Which state has the least
Telangana Rashtra Samithi (TRS) 11
number of MPs in the Lok
Telugu Desam (TDP) 16 Sabha?
Other Regional Parties 7
c. Which political party has
Registered Unrecognised Parties 16 won the most seats in all
Independents 3 states?

Grand Total 543 d. Which party do you think

will form the government? Give
Source: http://.eci.nic.in reasons why.

35 Chapter 3: Why Do We Need a Parliament?

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 Once elected, these candidates become Members
Results of the 15th Lok Sabha Elections, of Parliament or MPs. These MPs together make
(May 2009) up the Parliament. Once elections to the
Parliament have taken place, the Parliament needs
Political Party No. of MPs
to perform the following functions:
National Parties A. To Select the National Government
Bahujan Samaj Party (BSP) 21
Bharatiya Janata Party (BJP) 116 Parliament of India consists of the President, the Rajya
Communist Party of India (CPI) 4 Sabha and the Lok Sabha. After the Lok Sabha elections,
Communist Party of India (Marxist) 16 a list is prepared showing how many MPs belong to
(CPM) each political party. For a political party to form the
Indian National Congress (INC) 206
government, they must have a majority of elected MPs.
Nationalist Congress Party (NCP) 9
Since there are 543 elected (plus 2 Anglo-Indian
Rashtriya Janata Dal (RJD) 4
nominated) members in Lok Sabha, to have a majority
State Parties (Regional Parties)
All India Anna DMK (AIADMK) 9 a party should have at least half the number i.e. 272
All India Forward Bloc 2 members or more. The Opposition in Parliament is
All India Trinamool Congress 19 formed by all the political parties that oppose the
Biju Janata Dal (BJD) 14 majority party/coalition formed. The largest amongst
Dravida Munnetra Kazhagam (DMK) 18 these parties is called the Opposition party.
Jammu & Kashmir National Conference 3
One of the most important functions of the Lok
Janata Dal (Secular) 3
Janata Dal (United) 20
Sabha is to select the executive. The executive, as
Jharkhand Mukti Morcha 2
you read in Chapter 1, is a group of persons who
Muslim League Kerala State Committee 2 work together to implement the laws made by the
Revolutionary Socialist Party 2 Parliament. This executive is often what we have
Samajwadi Party (SP) 23 in mind when we use the term government.
Shiromani Akali Dal 4
The Prime Minister of India is the leader of the
Shiv Sena 11
Telangana Rashtra Samithi (TRS) 2
ruling party in the Lok Sabha. From the MPs who
Telugu Desam (TDP) 6
belong to her party, the Prime Minister selects
Other Regional Parties 6 ministers to work with her to implement
Registered Unrecognised Parties 12 decisions. These ministers then take charge of
Independents 9 different areas of government functioning like
health, education, finance etc.
Grand Total 543
Source: www.eci.nic.in Often times in the recent past it has been difficult
The above table gives you the results of the 15th for a single political party to get the majority that
Lok Sabha elections held in 2009. In these is required to form the government. They then
elections, the INC got a large number of seats but join together with different political parties who
still not enough to emerge as the majority party in
the Lok Sabha. It, thus, had to form a coalition, are interested in similar concerns to form what is
the United Progressive Alliance (UPA), with other known as a coalition government.
political parties who were its allies.

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These two buildings of the Central Secretariat, the South Block and North Block were built during the 1930s. The photo on the left is of the South
Block which houses the Prime Ministers Office (PMO), the Ministry of Defence and the Ministry of External Affairs. The North Block is the photo on
the right and this has the Ministry of Finance and the Ministry of Home Affairs. The other ministries of the Union Government are located in various
buildings in New Delhi.

The Rajya Sabha functions primarily as the representative

of the states of India in the Parliament. The Rajya Sabha
can also initiate legislation and a bill is required to pass
through the Rajya Sabha in order to become a law. It,
therefore, has an important role of reviewing and altering
(if alterations are needed) the laws initiated by the Lok
Sabha. The members of the Rajya Sabha are elected by the
elected members of the Legislative Assemblies of various
states. There are 233 elected members plus 12 members
nominated by the President.

B. To Control, Guide and Inform the Government

The Parliament, while in session, begins with a question hour.

The question hour is an important mechanism through which
MPs can elicit information about the working of the
government. This is a very important way through which
the Parliament controls the executive. By asking questions
the government is alerted to its shortcomings, and also comes
to know the opinion of the people through their
representatives in the Parliament, i.e. the MPs. Asking
questions of the government is a crucial task for every MP.
The Opposition parties play a critical role in the healthy
functioning of a democracy. They highlight drawbacks in
various policies and programmes of the government and
mobilise popular support for their own policies.

37 Chapter 3: Why Do We Need a Parliament?

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 The following is an example of a question asked in the Parliament.

LOK SABHA

UNSTARRED QUESTION NO 2007 ANSWERED ON 30.11.2007

JUNK FOOD IN SCHOOLS
2007. SHRI SALARAPATTY KUPPUSAMY KHARVENTHAN

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

(a) whether the National Commission for Protection of Child Rights (NCPCR) has asked all
State Governments to ban junk foods in schools and also for setting up of nutrition
standards;

(b) if so, the details thereof;

(c) whether the Union Government has ensured the compliance of the above standards by
the States; and

(d) if so, the details thereof.

ANSWER

THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT

(a) and (b) No, Sir. A letter was issued to the States by National Commission for Protection of
Child Rights (NCPCR) to consider providing guidelines to schools to create a school nutrition
policy.

(c) and (d) Does not arise.

Source: http://loksabha.nic.in

The government gets valuable feedback and is kept on

its toes by the questions asked by the MPs. In addition,
In the above question, what
in all matters dealing with finances, the Parliaments
information is being sought
from the Minister of Women
approval is crucial for the government. This is one of the
and Child Development? several ways in which the Parliament controls, guides
and informs the government. The MPs as representatives
If you were a Member of
Parliament (MP), list two
of the people have a central role in controlling, guiding
questions that you would like and informing Parliament and this is a key aspect of the
to ask. functioning of Indian democracy.

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C. Law-Making

Law-making is a significant function of Parliament. We shall

read about this in the next chapter.

Who are the People in Parliament?

Parliament now has more and more people from different
backgrounds. For example, there are more rural members as
also members from many regional parties. Groups and peoples
that were till now unrepresented are beginning to get elected
to Parliament.

There has also been an increase in political participation from

the Dalits and backward classes. Let us look at the following
table that shows the percentage of the population who voted
in Lok Sabha elections in different years.

Lok Sabha Election Years Voter Turnout (%)

1st 1951-52 61.16

4th 1967 61.33
5th 1971 55.29
6th 1977 60.49
8th 1984-85 64.01
10th 1991-92 55.88 Looking at this table would
14th 2004 57.98 you say that peoples
15th 2009 58.19 participation during the past
50 years has:
16th 2014 66.40 decreased/increased/been
Source: http://eci.nic.in stable after initial increase?

It has been observed that representative democracy cannot

produce a perfect reflection of society. There is a realisation
that when interests and experiences separate us it is
important to ensure that communities that have been
historically marginalised are given adequate representation.
With this in mind, some seats are reserved in Parliament for
SCs and STs. This has been done so that the MPs elected from
these constituencies will be familiar with and can represent Dalit
and Adivasi interests in Parliament.

39 Chapter 3: Why Do We Need a Parliament?

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 Similarly, it has more recently been suggested that there should
be reservation of seats for women. This issue is still being
debated. Sixty years ago, only four per cent of MPs were women
and today it is just above nine per cent. This is a small share
when you consider the fact that half the population are women.

It is issues of this kind that force the country to ask certain

difficult and often unresolved questions about whether our
The above photo shows a few women Members democratic system is representative enough. The fact that
of Parliament.
we can ask these questions and are working towards
answers is a reflection of the strength and the faith that
Why do you think there are so
few women in Parliament? people in India have in a democratic form of government.
Discuss.

GLOSSARY

Approval: To give ones consent to and be favourable towards something. In the

context of this chapter, it refers both to the formal consent (through elected
representatives) that Parliament has as well as the fact that it needs to continue
to enjoy the peoples trust.
Coalition: A temporary alliance of groups or parties. In this chapter, it refers to the
alliance formed by political parties after elections when no party has been able to
get adequate seats to form a clear majority.
Unresolved: Situations in which there are no easy solutions to problems.

Social and Political Life 40

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 Exercises
1. Why do you think our national movement supported the idea that all adults have a right to vote?

2. In this 2004 map of Parliamentary constituencies

alongside, roughly identify the constituencies in
your State. What is the name of the MP from your
constituency? How many MPs does your state
have? Why are certain constituencies
coloured green while others are
coloured blue?

Source: www.eci.gov.in

3. You have read in Chapter 1 that the Parliamentary form of government that exists in India has
three tiers. This includes the Parliament (central government) and the various State Legislatures
(state governments). Fill in the following table with information on the various representatives
from your area:

State Government Central Government

Which political party/parties is/are

currently in power?
Who (name) is the current
representative from your area?
Which political parties currently
form the Opposition?
When were elections last held?
When will the next elections
be held?
How many women representatives
are there (from your state)?

41 Chapter 3: Why Do We Need a Parliament?

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