Bicameralism refers to a legislative system with two houses, typically an upper and a lower chamber, which is practiced in many countries including India, USA, and UK. The advantages of bicameralism include checks on hasty legislation, prevention of tyranny by the lower house, and better representation of diverse groups, while the disadvantages include unnecessary delays, divided responsibilities, and high costs. Despite the criticisms, bicameral legislatures remain prevalent in modern governance.
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Bicameral
Bicameralism refers to a legislative system with two houses, typically an upper and a lower chamber, which is practiced in many countries including India, USA, and UK. The advantages of bicameralism include checks on hasty legislation, prevention of tyranny by the lower house, and better representation of diverse groups, while the disadvantages include unnecessary delays, divided responsibilities, and high costs. Despite the criticisms, bicameral legislatures remain prevalent in modern governance.
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Consht
9
BICAMERALISM
of
A Legislature which consists of two houses a chambers is called bicameral
legislature. In a bicameral system, legislature is made of two houses - upper house
and lower house. The Upper house is called "Second Chamber’, the lower house is
called "Popular chamber", Different countries call the two houses by different
names and composition of the two houses also differ. India, USA, UK, Japan,
France, Canada, Australia and Switzerland have bicameral legislature. Most
countries have opted for bicameral legislature. It has no theoretical basis or
philosophy behind it. It is from UK that this system has spread to the rest of the
world. In UK also, this system was not planned. It is the product of the historical
circumstances of the constitutional development in that country. Although, this
system is widely practiced, there is no uniformity in the formation, tenure and
powers of the Second Chamber.
MERITS
1 Check on hasty legislation
The second chamber serves as a check up on hasty legislation and ensures proper
deliberation. A popularly elected single chamber may become rash and one sided.
_fagav be moved by unhealthy emotions or passions. The second chamber is
Consttted differently with the elderly. members with superior intellectual ability
and experience. As such, itcan check tendencies of the lower house.
2 Curbs despotism of a single house
The Second Chamber curbs the despotism of the lower house. In the absence of
the Second Chamber, lower house may grow despotic and tyrannical. As the
lower house enjoys majority support, any bill can be passed easily by it on the
strength of the majority. So a second chamber is essential to check the tyranny of
the first chamber.3 Better laws
meral system. There is more
The legislative process imprové substantially ina
detailed and thorough discussion of all legislative measures. The second chamber
facilitates the elimination of defects in the bills. It acts as a reve cramer Due
to extension of legislative procedure in the second chamber, at opinion, the
press and other interest groups leave their-ae¢ on the bill, This will render
legislation more representative in character. Further, as the second chamber is
permanent and cannot be dissolved, there will be continuity of legislation.
4 Relief to first chamber
The Upper house can increase the efficiency of the government by easing the
pressure of legislative work of the lower house. In modern times, the state has to
undertake various kinds of social welfare activities. So it is necessary to make
many new laws to meet the requirements ofa dynamic socigty hp lower house
may have its handful and therefore, second Chamber can Suaif’share their
burden.
5 Provides for special representation
The Upper house can be utilized for representation of special categories of people
who go unrepresented in a democratic popular chamber. Representation can be
provided in the second chamber to minorities and special classes of people. It is
helpful in utilizing the services of persons with wisdom and experience who may
not be willing to contest an election. It is possible to ensure the representation of
social workers, poets, scientists, artists and professionals like Jauyers, doctors, et.
in the second chamber. Thus, the second chamber can be reservoir of knowledge
nN
and talent.
6 Essentials for federation
Asecond chamber is indispensable for federation. While the lower house
represents the nation as a whole on the basis of population, the second chamber
represents the federating units of a federation. In federal states like the USA and(4)
Switzerland, the second chamber gives an equal representation to the federating
units.
7 Areal necessity
No country has been able to manage its parliamentary affairs without a second
chamber. The verdict of history is with bicameralism. It is not advisable to
disregard the lessons of history. It is suited to all types of government - unitary,
federal, democratic or non-democratic.
DEMERITS
1 Unnecessary check to hasty legislation |
A second chamber is an unnecessary check to hasty legislation. Generally, the
legislative measures are thoroughly discussed and examined by appropriate
committees. Bills are passed after a long process of discussion, debate and
analysis. Thus, a second chamber is unnecessary as a revisory chamber.
2 Divided responsibility
Bicameral legislature divides the responsibility of legislation. Divided
responsibility leads to dead-locks and unnecessary delays.
3 Subordinate role
The second chamber, everywhere except in USA has a subordinate role and minor
role in legislation. For example, the House of Lords in UK and Rajya Sabha in India
exercise only a suspensive veto on bills and they have no voice in money matters.
The second chamber hardly exercises any control over the popular chamber. It is
generally the lower house which enjoys a dominating position. Under such
circumstances it is useless to have a second chamber.
4 Expensive
Bicameralism means duplications of work. Hence it is expensive.5 Leads to dead-locks
If both the houses have co-equal powers as in USA, it frequently leads to dead-
locks, Important bills may be unnecessarily delayed. If the lower house is very
powerful as in UK and India, it is useless to have the second chamber.
6 Other devices to check legislative despotism
The despotism of the single chamber can be checked through other devices. For
example, there is the suspensive veto of the executive. If necessary, a second
consideration of the bill in the same house can be made obligatory. The despotic
tendency of the Legislature can be checked by critical opposition and a vigilant
electorate.
7 Unnecessary even in a federal system
Even in a federal system, a second chamber is not essential because members of
the second chamber often votes on party lines rather than state lines. For
‘example, in India, the members belonging to congress party in the Rajya Sabha
vote as they vote in Lok Sabha.
8 Representation to special interest through constitutional guarantee
The taiented people and the minorities can be given a place even in the lower
house by reservation of seats. In India, the president can nominate two Anglo
Indians to the Lok Sabha in case they are not adequately represented.
9 No uniformity
There is no universal method of constituting the second chamber. The hereditary
principle, nomination and indirect election are undemocratic. Direct election will
make the second chamber powerful, and as such it will lead to dead-locks.
CONCLUSION
. Peau ;
Thus, there are counter balancing arguments in favor of and against the second
chamber. There is an element of truth in arguments advanced against it. However,
the bicameral legislature has come to stay. The modern states have a bicameral