12 most important Functions of the Legislature

The principal function of the legislature is, no doubt, lawmaking. But the functions of the legislature are not confined only to law making. Its functions can be classified as legislative, financial, executive, constituent, elective and judicial.

1. Legislative:

Law-making is the primary and most important function of the legislature. It is through laws that policies of government are laid down for implementation. In accordance with the provisions of the constitution, the legislature makes new laws and may repeal outdated legal provisions. Laws are enacted in accordance with the prescribed I procedure.

The will of the state is formulated and expressed through laws made by the legislature. The modem legislature is subject to two kinds of limitations: one is subordinate legislation and the other is direct legislation in the shape of initiative, referendum and plebiscite.

Legislature often makes laws on broader principles and authorizes the executive to supplement it with technical details. The making of rules and regulations in detail by the executive is known as delegated legislation.

Initiative is found in Switzerland. The initiative for law-making comes sometimes from the people. The required number of electors can initiate the legislation. In some of ! the cantons (Federal units of Switzerland) there is direct legislation by people. If a bill, after it is passed by the legislature, is referred to the people, it is called referendum. In Switzerland, all bills relating to constitutional amendment are referred to the people.

Some bills relating to the ordinary laws are referred to the people after referendum is I demanded by the required number of citizens. Plebiscite is different from referendum in degrees only. Important and intricate issues are referred to the citizens directly for their opinion and the issue is decided directly by the votes of the citizens. This is known as plebiscite.

2. Deliberative Function:

Legislature is a talking shop which discusses and deliberates on all issues of national importance. Through deliberations the legislature reflects public opinion on various issues. It acts as the most effective forum for articulation and expression of public opinion. Legislature acts as a link between the public and the government.

3. Financial Control:

The legislature is the custodian of national finance. It exercises control over government by controlling the sources of income and the items of expenditure of government. The budget is placed in the legislature for its approval. After the approval of the legislature only the executive gets money according to the budget for execution of policy.

4. Control over the Executive:

In parliamentary form of government, the real executive, the Council of Ministers, is made responsible to the legislature for its policies and actions. It exercises this supervision in the following ways:

(a) By asking questions and supplementary questions, the legislature obtains information about matters of administration.

(b) By moving motions of adjournment, the legislature can discuss urgent matters of public importance and focus public attention on such matters.

(c) By discussing and passing resolutions, the legislature can express its opinion on some aspects of public policy.

(d) The legislature can also discuss and pass motions of censure or vote of no- confidence, where it expresses clear disapproval of government policy and lack of confidence in government. In the presidential system, the legislature exercises control through its power over purse, investigational committees, approval of major appointments and ratification of treaties.

5. Judicial:

The legislature sometimes acts as a court of law. In case of the impeachment of the President of India, one house of the central legislature is to act as a court. In most states, legislature performs the function of impeaching high dignitaries of the state, including the head of the state.

In case of the impeachment of the President of the USA, the Senate acts as the court of law. In Britain the Judicial Committee of the Privy Council is a part of the House of Lords and that is the highest judicial organ.

6. Executive:

The Senate which is the upper house of the American Congress shares with the President certain executive powers. All major appointments are made by the President with the approval of the Senate. Similarly, the treaties negotiated by the President must have the approval of the Senate before their execution. The legislature often appoints commissions of enquiry in order to find out facts relating to various matters.

7. Electoral:

In some states, the legislature participates in certain elections. In India, the President is elected by, the elected members of the Parliament and of the state assemblies. In Switzerland, the members of the Federal Council (Executive body) and judges of the Federal Tribunal are elected by the Federal Assembly. The presiding officers are chosen by the respective legislatures in all countries.

8. Control over External Relations:

The legislature exercises control over foreign policy through its control over expenditure. Legislatures in some states share with the executive some of its powers in relation to external relations. Thus in the USA, the Senate has the power to ratify international treaties and the Congress alone can declare war.

9. Constituent Function:

It means the power to amend the constitution. Legislatures are given the power, either to initiate amendments to the constitution or to participate in the process of amendment. In India most of the provisions of the constitution can be amended solely by the Parliament. In USA, the federal legislature as a rule proposes amendments to the constitution which require approval by at least three-fourths of the legislatures of states.

10. Ratification Functions:

In many countries, the legislature ratifies the international agreements signed by the government. For example, in the US, a treaty signed by American President cannot be valid if it is not ratified by the Senate, which is the upper house of American legislature, that is, the Congress. Similarly the declaration of war and mobilization of armed forces by America’s President needs to be approved by the House of Representatives, which is the lower house of US Congress.

11. Expression and Reflection of Public Opinion:

The Legislature represents the people. It presents the problems, difficulties and demands of people before the government. It tries to ventilate their grievances by pressurizing the government to take necessary steps for the redressed of the grievances of people. It acts as a link between people and government.

12. Educative Function:

As an agency of communication, the members of a legislature perform an important educative function. They inform the electorate of the problems and trends. They also educate them about the issues involved and enable the people to express their points of view freely on these.

Thus, the legislature performs a variety of functions in a modern state. But all legislatures do not exercise all the functions mentioned above. There are variations from one state to the other.