FUNCTIONS OF A MODERN LEGISlATURE

Or
FUNCTIONS OF A LEGISLATURE IN A DEMOCRATIC POLITICAL SYSTEM
pen In a democrat"ic po r1t1cal
·· system, a legislature plays an .important role through due
la onn_ance_ of several key governmental functions. Besides acting ·as__ ,the agency for
thwmakin~, It acts as the custodian of the national purse, as the agepcy of control over
the executive, and as _the institution responsible for amending the constitution as and wht?n
e ne<:d may be. While discussing the functiQil§.of the British House of Commons. Walter
Ba~ehi~ speci_fies its five key -functions ·: elective,. expressive, teaching, informing and
legislative. In a non-democratic political system too, almost all these functions are '
p~ormed by the legislature. but.only under.the..~ontrol ~din ac~ordance with .the wishes.
of the 'ruler/rulers'. It is only .in some orthodox authoritarian dictatorships that political
systems do not have legislatures and the law-making is done by the ruler/rulers themselves.
MAJOR FUNCTIONS OF A MODERN DEMOCRATIC LEGISLATURE
Most countries, today, have legislatures, but their functions differ from state to state.
On the average., the legislature of a .modem liberal democratic political country perfonns
the following main functions :
I • Legislative or Rule-Making Functions. The first and foremost function of a
legislature is _t~ legislate,~-~·· to ~ e laws. Tradit~onally, laws w~re either ~erived from J.-r'. . .
customs~ rad1t1ons and rehg1ous scnptures, or were issued by the kin s as their comman W--
However, -in_the contemporary era o emocracy, a__egislature is the chief sourc.e of ~w_
and that is why it is always described as that or an of v which · -
the maliliig o aw !.t .g1s a re w 1ch fonnulat~s the will of the state in laws an
vests it . cy. -the Iegisiatureproce·sses 1heoe·m~ cts or e peop e 1Il O
I

authoritaf _e laws/ statutes and public policies.

·, increase in the functions of the government under a welfare state has inc~~ed
the egislative work,of the legislature. It has now to pass laws for regulating cond~tions
created by industrial. scientific and technological revolutions. Norman Miller has_ngbtly
observed, "'It · , rincipally through the enactment of statutes that the modem legislature
has deriv . function
e I -making function of the legislature is a very important and teduucal ru·on
- . . . . , · "Every po
as~~ , t rests the real working of the adnun1stratton. As J.S. Mill observes,
 Comparative Politics &: Government
344.
. · ··. . be fran1ell with the most accurate and long sighted perception of its
of a law requ1thres toth rov1·s1·0· ns and the -law when made should be capable of fitting
effects on all e O er P ' · · · 'bl th th ··
into a consistent whole with previously existing laws. It is unposbs1 el at "ese conditions
should be m . any ·degree fulfilled when. laws·are .voted . clause
. y c ause.
·, ,th .1 · I ture drafts or bills for law-making are mtroduced by the members and
In e·ghegts ara1· 'tages tlu--'1-ot which
· ·wtde·rangmg
· · and full d'1scuss1ons . are heId m· the
pass throu seve s . u.u,s • • • f th l . . I .
• • various -leg · 1slat1ve-oomnuttees. I e egis ature passes the bill
Iegts1ature as we11 as 10 . . th h' f · fi h. · ·
by the requisite majority o! votes;·~e 'btU·goes-to e.c 1e ex_ecutive or 1s _signatures
• t'fied -iil the -law books -as-a law. However,-a legislature can legislate only
and then 1s no 1 - . • • Th' · ·
upon those.;m1bjects which are specified in _the const1tutton. 1s 1s an essential feature of
the legijl{ture of a federal system. . .
:zl"Control over Delegated Legislation. The process of ~~..:~ ng ts a complex and
' ~ cal process, ? e contell.1ROra!Y- ~g~...Qf~.£!!.n,,2l~ .~ ~~;~~!h~ry t~~hrucaI.
The increase in the quantity and volume of btlls has .further been a source oi strain on the
legislature. The legislature finds itseJf almost over~burdened and virtually incapable of
handling the TU$h of work. As a. ; ~~has s~~ -P~~~IJJL!!t!!~~J!~. ~-the fonn of
broad · · .r_ .ele _ · . e .· eg1s_~at1ve ow~t§.:JQ...the~ex,ecuttve. Tliis system has
come to known -as Delegated Legislation.
· ~ 6eliberative ~~ctions. To deliberate on nia_!!~!:8~~ · ~poIJ!Dt. public
~ s. problems an~ olicj . · · , . ma?t fu~~~~~-~,,.1!!~~~~J!~ture. ?Jlrrnig}i:,.
this e s1ature reflects the publ!Co,p,1n1on over 'Vanous issues. J.S. Mill refers
~ 4 , . w . , : ; ; , _ - , , ,.~.•- ·l r .

legislature as -"~e Congress _of Opinions". Through this function, the l~&ilJ!~ ,
es the executive aware of the aspirations and qifl1c_qlti~s,,,0(:.tl!~ Beople. The debates
al . - eZGctiicaH~ aiia~ !Q~ii!t~~qo~.Ya.l.u~ opi e:]very
ord spoken by the members is recorded and the whole record is taken to be a mirror
f ub ic OplillOll. e .. em ers ofa1egifflllure': 'particillatly''-'ffioseo e longing to the
p ~non p:trty/parties, us~ the platfonn of the legislature to ~ ring to light the acts of
• A ssion and ~nw,!ssionJU)b~-~ru?.YS'l!!U~.UL.E te deliberative func~
• islature,
suclr,'serv~ as_ a basic process by which the executive comes to know. on the one h~d.
bout the alpiratmns and needs of the people, and, on the other hand, of the possible.
alternati / policies and decisions which can be adopted for securing popular demands.
3. ontrol over National Finances. A near universal rule is that "the legislature of
e te is the c~t~di~ of the national pui:se_:•~ ~ ~,Illlme..Al~ .~ W , ~ls
t!!e -flJ!!Dceu 1s. mdeed. an accepted pnncip1e of a liberal democratic political system
. that th~legislature controls-the finances of the state and that only with _its sanction, the
executive can ~evy ~d collect a tax or do any.spending. No money can ~ l!i~~or spent
by;.the _executive w1th_gut the pri<E:_~ nsel!L~.!ppro'varortfie leg1sfature. ~ Jw:..
. exp~ d.ltur~...charg~ ~n the .Cons,9ligated f und of a'"sffile'·caffiiot r,e-inade without the
·ap~rov~ of ffieTegisJature, Each year, the e~ r ras'lo·prepare and geipas;'ed from
the leg1Slature the budget for the ~ming financial year. In the budget, the executive has
to ~lace ~e account of the actual_ income and expenditure of the previous year and the
estunated mc~me and expenditure for the new year: Any money granted by the-legislature
tot !11e executive. which the latter fails to spend in the pre~ious yeDr lapses back to
eg1Slature..and 1't · -1. - · . · · · ..,.,
· ,r / Y with lhn-.consent and app,oval of the legislature that this money
can b~ used. lures i . .

J~g:':u . so It __
Tax and pnwfde T•Conceulons. Not onl. y-~ e legislature
one can approv~ of _the imposition~ or repeal or collection
j
 The Rule-Making Structure : The Legislature/Parliament .:346 .

of any tax whatsoev~r. . er the le islature maintains a vigil on the financial trans~ions
rnade ~y the ex~ut~ e m respect of_~ e budget a oca ions. n 1s tas , severa legislative
collll1ll_tteentl!lpmtltetegisffltu~ e-x:a'ffljjle"in-frttfflr:-lbe Estimates Committee.reviews ·
the estttnates of the government. departments, the Public Accounts Committee reviews the
expenditures incurred by the government departments with a view .to,check whether the
~pen~gs ~~:~ been mad~ in,.acc.ordaaae--with-·th.· e· budget ·allooations -as,.well .as. in an
llllP~ rtial , o/_··•ud,eoonorrucally .sound manner or.not . ... ·-. . . . ·- .. ... .. ... .
, . •• 4 · . I o.ver the Executbr.e. A modem-legislature has the-power to-exercise control
ove e xecutive. The nature, manner and extent of legislativ.e .control over the ·executive
diffe1 from state-to--state,; nevertheless it is alw.ays there and in almost all the systems.
a) Control over Executive in a Parliamentary .System. In a parliamentary system
of government, it is a fundamental condition. In it the executive is individually as well
as collectively responsible to ·the legislature for all its ·acts, decisions, policies and
programmes. It is accountable aIJ.d responsible to the legislature. The legislature has the
power to remove the executive by passing a vote of no confidence or by rejecting·a policy
or budget or law of .the executive. If a measure sponsored by the executive fails to get
the approval of the legislature, it is taken to b~ a vote -~f no confidence against -it and it
resigns giving the opportunity to the legislature to have a new executive. The Prime Minister
is the chosen leader .Qf the majority party in the legislature. Other ministers are,
compulsorily, .members of the legislature and they always act out a du~ role as
parliamentarians and membe.rs of the executive. The legislature, through several definite
devices, like call attention motion, adjournment motion, censure motion, system of putting
questions and SQpplementary questions to the ministers, etc., maintains a continuous vigil
and control ~ver the executive. It can institute commissions of inquiry for investigating
particular issues in respect of which it suspects the executive of a wrongful and harmful .
act.
(b) Control over Executive in Presidential System. In the Presidential -form of
government, though there is separation of powers between the legislature and the executive
and each is powerful in its own sphere of activity, Ole le~islature, as a pan of the system
of checks and balances, exercises control over the executive. It can appoint investigation
committees to probe the functioning of government departments or to conduct enquiry into
any particular governmental action. Through its power to legislate and pass the budget also,
if e·xercises a fair amount of control over the executive.
Thus, whether a political system has a parliamentary system or a presid~ntial system,
the legislature exercises control over the executive. However. the hard realities of
contemporary age have made it difficult for the legislature to ma,intain an effective and
vigorous control over the executive. Because of several internal limitations, particularly
those ·arising from the existence of political parties, it has become difficult for the legislature
to ~xe,rcise this .controlling function. The real state of affairs is that the executive. in almost
all ·the .states; has come to be more powerful than the legislature. The powers of the
_legislature have suffered a decline vis-a-vis the executive. The latter has emerged more
powerful because of being tb.e agency of continuous and active control over t4e state po~er.
The system.9f delegated IegislatiQn has further strengthened the position of the-exec~uve.
Nevertheless, the legislatw-e .contmues to control the executive, though not very effec=~ly.
the words of Curtis, "ProQably the most significant contemporatY function-of asse. ~e!.
18 tbe supervision over the inquiry into the perfonnance and behaviour of tbe gov~n ·

In this context, J.S. Mill has observed that the most important function of tbe legislature
 Comparative Politics & Govemme,,,
34 6 · h. . '11te proper office of a representative assembly
is to control the executive. To quote rmt. throw the light of publicity on its acts; to cornpe1
is to watch an_d.control. the. government,
.
o . .
f all of them which anyone considers questionable, to
-·
a full exposition and JUSU:cauo~: and if men who compose the government abuse their
~ure them !f_found con emnh.:h conflicts with the deliberate sense of the nation, to expel
nust oi fulfil it m-a manner w I . ,, Th th
· · ' · d 'th pressly or virtually appoint their successors. us, e control
from office an e1 er ex . I ti f 1·
•· th executive is a cardinal and an essent1a eature o a par 1amentary
of the Jegis1ature over e --
system.
s. Constitue~t Functions/Amendment Functions. · · f th r· I '
I~ most? . e po 1t1ca s~stems,
it is the legislatures which have the power to_~ .end .their c?ns_utut10ns. ~e legislature
of a state is usually vested with the power to amend the const1tut10n. For_ this purpose, the
legisla~ has to pass special laws called amendments .in acco~dance with the procedure
laid down in the constitution. In some states, the requirement 1s to pass the amendment
with 213rd or 314th or an absolute majority of votes. In some other states, the passing of
an .amendment requires legislative action in the form of an approved amen~ment proposal,
which-becomes an amendment only when it gets ratified by the people m a referendum
or by the legislatures of the federal units in case the state is a federal state.
6. Electoral Functions. Many legislatures perform certain electoral functions. The two
Houses of the Indian Parliament elect the Vice-President and the elected members of both
form a part of the electoral college which elects the President. In Switzerland, the Federal
Assembly elects the members of the Federal Council and the Federal Tribunal. In the
American political system~ during the election of the President, if no candidate gets absolute
majority of votes in the Presidential Electoral College, the·US House of Representatives
elects one of .the top three candidates (on the basis of the votes polled by them) as the
President of the United States. Similar function is performed by the Senate if no candidate
.contesting for the office of the Vice-President gets the required absolute majority of votes.
Thus, in most of the_· states. the legislatures perform several electoral functions .
7. Judicial Functions. It is customary to vest the legislature with some judicial powers.
Usually, tl)e legislanire is assigned to act as a court of impeachment, i.e., a legislature acting
as an investigating court and trymg htgh public officials on charges of treason, misdemeanour
and high crimes. For example, in the American political system, the Congress has the power
to start and conduct impeachment proceedings against the President, the Vice-President,
the Chief Justices and other Judges of the Supreme Court etc . The charges are framed by
the Lower House - the House of ~epresentatives and the Upper House-the Senate-sits as
the investi~at~g Coun. If after the hearing, the Senate passes a resolution supponed by
a 213rd maJonty, the accused stands impeached. ·
. Similarly, in India, either of the two Houses of the Union Parliament can prefer an
impeachment ~barge for -~ e·impeachment of the President. -If the Lok Sabha prefers the
c~e, the RaJya Sab~ sus_as the trial_court and if the latter prefers the charge, the fonner
sits as th~ co~ an~ J,Dvestigates the impeachment charges. The impeachment succeeds
when the mvest1gatm~ House passes a resolution supported by a 213rd majority that the
charge has been sustamed. Moreover, the Indian Parliament has the power to move for
the remov~-1 of the Judges of the Supreme Court and of the High Courts on the ground
of proved misbehaviour and incapacity and the address for such a removal must be passed
by a 2/3rd majority in each House. It is only then that .the President can remove the
concerned Judge.
 Tht Rule-Making Strucrure : The legislature/Parliament . 347
. .
In the Britis~ Political System, the House of Lords, in addition to being the Upper
th
House of e parhamen~~-is also the highest court of appeals-virtually the s11preme ·court
of England. The Judges m ~ngland can be removed by the' Crown only when a joint address
of both_Houses ~f ~e. Parhament is presented to him. Thus, legislatures all over the world, -j;
a}so enJOY so~e Judicial powers·. They also conduct inquests and inquiries into the working
of the Executive. · · •
8. Ven~lation of Gr~evances. A legislature acts as the highest forum for .the ventilation
ofp,~blic gnevance_s a~ai_nst ~e ex~cutive. It acts as "the nation's committee of grievances
and its. congres~ of opimo~s. B~side·s representing every interest and shade- of opinion,
it acts as the national forum t~ VOJc_e the opinions, grievances and aspirations of thepeople.
parliamentary debat~s and discussions th_row a flood of light over various issues ·of public
unportance. The legislature usually_ receives the petitions of the people and with its-own ·
views passe~ these on to the executive _for necessary ac_tion. It ensures the implementation
of the prorruses held o~t by th~ executive. Through its committees, like the committee on
public petitions, comnnttee on go;vernme~tal assurances, etc., the legislature further plays
an important ,role as an agency tor the ventilation of grievances. ·
9. Miscellaneous Functions. Some legislatures are assigned specific executive tasks.
For example, the ~~n~te_has been given the power to confirm or reject the ·major
appointments made by the President. ·-Likewise, it enjoys the power to ratify treaties by
p~sing a resolutio~ suppo~e~ by a 2/3~d majo~ty. In I_ndia, the R~jya Sabha has been given
the power to estabhsh or elumnate any All India Service by passmg a resolution supported
bya 213rd _majority. Legislatures al~o perform the function-of approving'· or rejecting or
amending all the policies and plans made .by the executive. In the Americ~ constitution,
only the Congress enjoys the power to declare a war. .,. •
Thus, the legislative organ of the government plays a very important ~d active role
in the exercise of the sovereign power of the state. In fact, the legislature is the legal
sovereign in the St\te. It has the power to legitimatise any demand for law or policy. It
.is the chief source of law. It plays a leading role as the representative of the public opinion.
It serves as a useful and essential check upon the executive and prevents it from beco~g
despotic or authoritarian. The legislature acts as mirror of national public opinion. It also
e~resses the mind of the people as well as acts as the highest agency of popular education.
It can legitimately be described as the keel of the ship of the government. In the words
of Meehan, "Legislatures serve as an instrument by which the population c~ ~e kno~
its opinions to those who make and administer Law. and this serves as a hrrutmg device
on the Law-making process. They are prime means for keeping the govei:nment responsible·"