Legislature: AHSEC Class 11 Political Science notes

Get summaries, questions, answers, solutions, notes, extras, PDF and guide of Class 11 (first year) Political Science textbook, chapter 5 Legislature, which is part of the syllabus of students studying under AHSEC/ASSEB (Assam Board). These solutions, however, should only be treated as references and can be modified/changed. 

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Summary

The chapter discusses the structure, composition, and functions of the Parliament of India, established by the Constitution. According to Article 79, the Parliament consists of the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People). The President, while not a member of either House, plays a significant role in summoning, proroguing, addressing the Parliament, sending messages, and signing bills passed by it.

The Indian Parliament, inspired by the British model, is a non-sovereign law-making body similar to the American Congress. Its legislative authority is limited by the Constitution, and its laws are subject to judicial review. This blend of the British parliamentary sovereignty and American judicial supremacy is unique to the Indian system.

The need for a Parliament in India is highlighted by several points. It ensures harmony between the legislature and executive, prevents autocracy by making ministers accountable to Parliament, provides for an alternative government if the ruling party is defeated, includes capable individuals in governance, and is responsive to public opinion. It is adaptable to changing circumstances, helps eliminate administrative corruption, politically educates the public, and maintains good relations with the public, focusing on national interests and welfare.

The composition of both Houses is detailed. The Lok Sabha consists of representatives elected directly by the people, with a maximum strength of 545 members, including two Anglo-Indian members nominated by the President. Members are elected based on universal adult suffrage from constituencies proportional to the population. Qualifications for Lok Sabha members include being a citizen of India, at least 25 years old, and possessing other qualifications prescribed by Parliament. Disqualifications include holding an office of profit, being of unsound mind, being an alien, and other criteria set by Parliament.

The Rajya Sabha is composed of up to 250 members, including 12 nominated by the President for their expertise in various fields. The rest are elected by the states’ legislative assemblies using proportional representation. Rajya Sabha members must be Indian citizens, at least 30 years old, and meet other qualifications set by Parliament. The Rajya Sabha is a permanent body with one-third of its members retiring every two years.

The Rajya Sabha has special powers, such as the ability to pass resolutions that allow Parliament to legislate on state matters in the national interest and to create new All-India Services. It also plays a crucial role during emergencies when the Lok Sabha is dissolved.

The legislative process requires both Houses to pass a bill. In case of disagreement, a joint sitting may be called. The Rajya Sabha can delay money bills for up to 14 days but cannot amend or reject them.

Privileges of Parliament include freedom of speech in the House, immunity from court proceedings for actions within the House, and the power to punish members or outsiders for contempt. Both Houses have equal powers in constitutional amendments, approving emergency proclamations, and removing high officials.

The Lok Sabha is more powerful in financial matters, as money bills can only originate there, and it has greater control over the executive by being able to pass a vote of no confidence.

The relationship between the Lok Sabha and Rajya Sabha is one where cooperation is vital for smooth functioning. While the Lok Sabha represents the people and has more significant powers, especially in financial matters, the Rajya Sabha serves as a revisory chamber, providing checks and balances in the legislative process.

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Essay Type

1. Explain the procedure for law making in the Parliament. Or, Explain how Parliament makes laws.

Answer: A proposal for legislation in Parliament is called a ‘bill’. Bills are of two types—’Money bill’ and ‘Ordinary bill’. The Speaker decides if a bill is a money bill. An ordinary bill can be a Government bill or a Private Member’s bill. It may originate in either House and must be passed by both Houses with a simple majority.

First Reading: The bill is introduced with the presiding officer’s permission and published in the official Gazette of India without discussion.

Second Reading: The bill is considered in detail. It may be taken up immediately, sent to a select committee, circulated for public opinion, or sent to a joint committee. If referred to a committee, the bill is examined and redrafted. It is then discussed clause by clause in the House, and necessary amendments are made.

Third Reading: A general discussion takes place, and the bill is either accepted or rejected. If approved, it is passed by the House.

The bill in the other House: The process is repeated in the other House. If both Houses pass the bill, it is sent to the President for assent. If there is disagreement, a joint sitting may be called to resolve the issue. The bill can be passed by a majority vote in the joint sitting.

Assent of the President: The President may give assent or return the bill for reconsideration. If both Houses pass the bill again, the President must give assent. Once the President’s assent is given, the bill becomes law and is published in the Gazette of India.

2. Explain the process of law making in Indian Parliament.

Answer: A proposal for legislation in Parliament is called a ‘bill’. Bills are of two types—’Money bill’ and ‘Ordinary bill’. The Speaker decides if a bill is a money bill. Here, we focus on the procedure for passing an ordinary bill, which can be a Government bill or a Private Member’s bill. An ordinary bill can originate in either House and must be passed by both Houses with a simple majority.

First Reading: The bill is introduced with the presiding officer’s permission and published in the official Gazette of India without discussion.

Second Reading: The bill is considered in detail. The mover may propose immediate consideration, referral to a select committee, circulation for public opinion, or sending to a joint committee. Normally, bills are sent to committees for examination and redrafting. The committee’s report is then discussed clause by clause, and necessary amendments are made.

Third Reading: A general discussion takes place, and the bill is either accepted or rejected. If approved, it is passed by the House.

The bill in the other House: The process is repeated in the other House. If both Houses pass the bill, it is sent to the President for assent. If there is disagreement, a joint sitting may be called to resolve the issue. The bill can be passed by a majority vote in the joint sitting.

Assent of the President: The President may give assent or return the bill for reconsideration. If both Houses pass the bill again, the President must give assent. Once the President’s assent is given, the bill becomes law and is published in the Gazette of India.

3. Discuss the composition, Powers of the Lok Sabha. What are its functions?

Answer: The Lok Sabha, or the House of the People, is the Lower House of the Union Parliament.

Composition: Article 81 of the Constitution of India details the composition of the Lok Sabha, with a maximum strength of 545 members, including 2 nominated members from the Anglo-Indian Community. Members are elected from the States and Union Territories, with proportions based on population.

Election of Members: Members are directly elected by the voters based on universal adult suffrage, with seats reserved for Scheduled Castes and Scheduled Tribes.

Qualifications: Members must be Indian citizens, at least 25 years old, and meet other criteria set by Parliament.

Disqualifications: Article 102 lists disqualifications, including holding an office of profit, being of unsound mind, being an alien, being an undischarged insolvent, or having other disqualifications as per the Representation of the People Act of 1951.

Term: The Lok Sabha has a 5-year term, which can be extended during a national emergency.

Quorum: One-tenth of the total membership is required for quorum.

Sessions: The Lok Sabha must be summoned at least twice a year.

Speaker: The Speaker conducts proceedings, with the Deputy Speaker stepping in during the Speaker’s absence.

Powers and Functions:

• Legislative Powers: The Lok Sabha makes laws on matters in the Union and Concurrent lists and on residuary matters, in collaboration with the Rajya Sabha.
• Control Over the Executive: The Lok Sabha can pass a vote of no confidence, questioning and controlling the government.
• Electoral Powers: Members participate in electing the President and Vice-President and can remove the President, Vice-President, Chief Justice, and Judges of the Supreme Court and High Courts.
• Financial Powers: The Lok Sabha controls the state exchequer, introduces money bills, and manages government income and expenditure.
• Constituent Powers: It can amend the Constitution with both simple and special majorities, often requiring state ratification.
• Miscellaneous Powers: The Lok Sabha forms committees, handles delegated legislation, approves emergency proclamations, and has exclusive powers such as electing and removing the Speaker, controlling the exchequer, and managing the Council of Ministers.

Position and Role: As the representative body of the people, the Lok Sabha plays a crucial role in legislative functions, controlling the executive, and upholding democratic principles in India. Its efficiency and effectiveness significantly impact the country’s governance and democracy.

4. Explain the powers and functions of the Rajya Sabha.

Answer: The Rajya Sabha has important powers and functions, discussed below:

• Legislative Powers: Non-money bills can originate in the Rajya Sabha and must be passed by it to become law. In case of disagreement with the Lok Sabha, a joint session can be called, and if the bill is passed by a majority, it is considered passed by Parliament. The Rajya Sabha can pass bills on subjects in the Union and Concurrent lists.
• Financial Powers: Money bills cannot be introduced in the Rajya Sabha, but it can give its opinion on money bills within 14 days of receiving them from the Lok Sabha. The Lok Sabha is not obliged to accept these opinions. If the Rajya Sabha does not return the bill in 14 days, it is deemed passed and sent to the President for assent.
• Executive Powers: The Rajya Sabha can question the government, introduce resolutions, and demand discussions. Ministers must attend its sessions, although it cannot pass a vote of no confidence.
• Amendment of the Constitution: An amendment bill can originate in the Rajya Sabha and must be passed by both Houses separately. It is equally powerful as the Lok Sabha in this respect.
• Miscellaneous Powers: The Rajya Sabha’s elected members participate in the election of the President and Vice-President and in voting for the removal of high-ranking officials like judges. It shares power with the Lok Sabha in setting up special courts, considering annual commission reports, and approving proclamations of emergency and orders suspending fundamental rights.
• Special Powers: Unique to the Rajya Sabha are:
  • Under Article 249, it can pass a resolution to shift a state list item to the concurrent or union list for national interest.
  • Under Article 312, it can propose the creation of all-India services.
  • It exercises a democratic check on the President’s emergency powers if the Lok Sabha is dissolved.
  • It can initiate the proposal for removing the Vice-President of India.

5. Discuss the relationship between the Lok Sabha and the Rajya Sabha.

Answer: The Lok Sabha represents the people directly, while the Rajya Sabha’s members are indirectly elected by states and union territories based on population. The Rajya Sabha acts as a revisory chamber rather than protecting state interests. Cooperation between the two Houses is crucial for smooth parliamentary functioning. However, the Lok Sabha has more powers, as it directly represents the people and the government is responsible to it. Here’s the relationship between the two Houses under different heads:

A. Equal Authority of Lok Sabha and Rajya Sabha:

• Constitutional Amendments: Both Houses must pass amendment bills by a special majority.
• Emergency and Special Powers: Both Houses can set up Special Law Courts during national emergencies and approve presidential orders affecting fundamental rights.
• Government Appointments: Both must agree to remove certain appointments from the Union Public Service Commission’s purview.
• Delegated Legislation: Rules made under delegated legislation must be approved by both Houses.
• Elections and Removals: Both Houses have equal authority in electing and removing the President and Vice-President and other high-ranking officials.
• Ordinances and Emergencies: Presidential ordinances and emergency proclamations require approval from both Houses.
• Agency Reports: Both Houses consider reports from agencies like the Union Public Service Commission and Comptroller and Auditor-General.

B. Special Powers of the Lok Sabha:

• Electing Officials: The Lok Sabha elects the Speaker and Deputy Speaker.
• Council of Ministers: It can remove the Council of Ministers through a vote of no confidence.
• Financial Control: The Lok Sabha has complete control over financial matters.
• Vacancy Declaration: It can declare a seat vacant if a member is absent for 60 days without permission.
• Emergency Annulment: The Lok Sabha can annul a proclamation of emergency.
• Expulsion and Sentencing: It can expel members and sentence individuals for privilege violations.
• Regulating Procedures: The Lok Sabha can make and suspend rules for conducting its business.

C. Special Powers of the Rajya Sabha:

• Shifting Legislative Subjects: Under Article 249, it can pass a resolution to move a state list item to the concurrent or union list for national interest.
• Proposing All-India Services: Under Article 312, it can propose all-India services by a 2/3 majority resolution.
• Emergency Powers Check: It checks the President’s emergency powers if the Lok Sabha is dissolved.
• Removing the Vice-President: It can initiate the proposal for removing the Vice-President.

The Rajya Sabha is a permanent chamber that cannot be dissolved, maintaining legislative continuity, unlike the Lok Sabha, which is more powerful due to its direct representation of the people. Despite its lesser powers, the Rajya Sabha is not merely ornamental and plays a significant role in various legislative functions.

The Lok Sabha is deliberately made more powerful to represent the people’s interests directly. Although the Rajya Sabha has exclusive authority in a few cases, it does not overshadow the Lok Sabha. Both Houses should act harmoniously to ensure effective governance, as emphasized by Prime Minister Nehru, recognizing the equal but distinct roles defined by the Constitution.

6. Discuss the Powers and Functions of the Lok Sabha.

Answer: The functions and powers of the Lok Sabha may be discussed under:

• Legislative Powers: The principal function of the Lok Sabha is to make laws. Jointly with the Rajya Sabha, it participates in making laws on all matters in the Union and Concurrent lists. It can also pass laws on a State subject when a resolution is passed to that effect by the Rajya Sabha. A non-money bill can originate in either House of Parliament. In the event of a rift between the two Houses, the matter is solved by a joint session of the two Houses.
• Control Over the Executive: The Union Council of Ministers shall be responsible to the Lok Sabha. The Council of Ministers will have to resign if a vote of censure is passed. If the Lok Sabha rejects a government bill or a budget, it shall amount to a vote of no confidence. The Lok Sabha may remove the ministry by adopting a no confidence motion. It can criticise the government and ask questions and supplementary questions. The Lok Sabha can make and unmake the government.
• Electoral Powers: The elected members of the Lok Sabha take part in the election of the President and the Vice-President of India. They also take part in the removal of the President, Vice-President, Chief Justice, and Judges of the Supreme Court and High Courts of India. The members of the Lok Sabha also elect the Speaker and the Deputy Speaker.
• Financial Powers: The Lok Sabha has complete control over the state exchequer. Under Article 109 of the Constitution, money bill can be introduced only in the Lok Sabha. When a money bill is passed by the Lok Sabha, it is sent to the Rajya Sabha for approval. The Rajya Sabha shall have to return the bill with or without its approval within a period of 14 days. The Lok Sabha may or may not accept its suggestions. If the bill is not returned within 14 days, it will be regarded as passed. The Rajya Sabha can delay a money bill only for 14 days. In passing the budget also the Lok Sabha is all in all.
• Constituent Powers: The Lok Sabha enjoys this power along with the Rajya Sabha. A constitutional amendment bill must be passed by both the Houses sitting separately. In case of conflict over a bill of constitutional amendment, ultimately the voice of the Lok Sabha will prevail.
• Miscellaneous Powers: The Lok Sabha may form committees and study their reports. It can elect and remove the Speaker and the Deputy Speaker. It studies the reports of various committees and agencies. The Lok Sabha keeps control over delegated legislation. It lays down rules of procedure. The Lok Sabha also approves the proclamation of emergencies, orders and directives issued by the President, an ordinance issued by the President etc.

There are certain powers which are exclusively exercised by the Lok Sabha. These are:

• Election of Speaker and Deputy Speaker and their removal;
• Control over the exchequer;
• Control over the Council of Ministers;
• Declaring seat in the House vacant;
• Revocation of emergency proclamation;
• Expulsion of the members from the House and cancellation of the expulsion;
• It may send a person to jail and
• It can make rules for regulating its procedure and conduct of its business and can suspend them for a speedy transaction of business.

7. Discuss the functions of the Indian Parliament.

Answer: The functions and powers of the Lok Sabha may be discussed under the following heads:

• Legislative Powers: The Lok Sabha makes laws on matters in the Union and Concurrent lists, and on State subjects when the Rajya Sabha passes a resolution. Non-money bills require agreement from both Houses. In case of disagreement, a joint session resolves the issue.
• Control Over the Executive: The Lok Sabha holds the Union Council of Ministers responsible, can pass a vote of no confidence, and may remove the ministry. It can criticise the government, ask questions, and control the government through various motions.
• Electoral Powers: The Lok Sabha elects the President and Vice-President of India, participates in their removal, and elects the Speaker and Deputy Speaker.
• Financial Powers: A money bill can only be introduced in the Lok Sabha and requires its approval. The Lok Sabha controls the state exchequer, taxation, and government expenditure.
• Constituent Powers: Both Houses must pass constitutional amendment bills. The Lok Sabha’s decision prevails in case of conflict.
• Miscellaneous Powers: The Lok Sabha forms committees, controls delegated legislation, and approves presidential proclamations and ordinances. Exclusive powers include electing and removing the Speaker and Deputy Speaker, controlling the exchequer and Council of Ministers, declaring seats vacant, revoking emergency proclamations, expelling members, and making procedural rules.

7. Discuss the functions of the Indian Parliament.

Answer:

• Legislative Powers: The principal function of the Parliament is to make laws. The Parliament can make laws on all subjects listed in the Union List and the Concurrent List. It can also legislate on residuary matters, i.e., matters not enumerated in any of the three lists. A non-money bill can originate in either House of Parliament. However, it cannot become law unless both Houses pass it. In the event of a disagreement between the two Houses, a joint session is called.
• Control Over the Executive: The Parliament exercises control over the executive through several mechanisms such as questions, debates, and discussions. The Union Council of Ministers is collectively responsible to the Lok Sabha. The Lok Sabha can remove the ministry from office by passing a vote of no-confidence.
• Electoral Powers: The elected members of the Parliament participate in the election of the President and the Vice-President of India. They also have the power to impeach the President, the Vice-President, the Judges of the Supreme Court and High Courts, and other constitutional authorities.
• Financial Powers: The Parliament has complete control over the finances of the country. A money bill can only be introduced in the Lok Sabha, and after it is passed by the Lok Sabha, it is sent to the Rajya Sabha for consideration. The Rajya Sabha must return the bill within 14 days, with or without its recommendations. The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha. The budget is also presented and passed by the Parliament.
• Amendment of the Constitution: The Parliament has the power to amend the Constitution. An amendment bill can be introduced in either House of Parliament and must be passed by each House by a special majority. Certain amendments affecting federal provisions must also be ratified by at least half of the State Legislatures.
• Judicial Powers: The Parliament can impeach the President for the violation of the Constitution. It can also remove the judges of the Supreme Court and High Courts through the process of impeachment.
• Miscellaneous Powers: The Parliament also has miscellaneous functions such as changing the boundaries of states, creating new states, and altering the names of existing states. It can also establish new All-India Services.

8. Discuss the legislative procedure of the Union Parliament.

Answer: A proposal for legislation in Parliament is called a ‘bill’. Bills are of two types—’Money bill’ and ‘Ordinary bill’. An ordinary bill may originate in either House of the Parliament and it can be introduced by any member. Both the Houses of the Parliament are equally powerful in respect of passing an ordinary bill. An ordinary bill must be passed by both the Houses with a simple majority of members present and voting in each House.

First Reading: The bill is introduced in the House with the permission of the presiding officer. The purpose of the bill is read out by the mover of the bill. With the approval of the House, the bill is published in the official Gazette of India. At this stage, the bill is not discussed.

Second Reading: The mover of the bill may propose: (i) that the bill may be taken into consideration at once; (ii) that it may be referred to a select committee; (iii) that it may be circulated for eliciting public opinion and (iv) that the bill may be sent to a joint committee with the approval of the other House. Normally, bills are sent to committees. When the drafting of the bill is completed, it is laid before the House by the Chairman of the committee. The bill is circulated among the members. The bill is then discussed clause by clause and necessary amendments are included in the bill. When the bill is approved by the House, the second reading of the bill is over.

Third Reading: At this stage, a general discussion on the bill takes place. The main purpose at this stage is either to accept or reject the bill. If the bill is approved by the House, then the third reading of the bill is over and the bill is regarded as passed by the House.

The bill in the other House: When a bill is adopted by one House, it is sent to the other House. It must undergo the same stages again in this House. If the bill is passed by this House in the original form, it is sent to the President for his assent. The joint sitting is presided over by the Speaker. The bill can be passed by the majority of the members present and voting. Here, the Lok Sabha is in an advantageous position because of its numerical majority.

Assent of the President: A bill to become an act requires the assent of the President. When a bill is passed by both the Houses, it is sent to the President for his assent. The President may either give his assent or send the bill for reconsideration. If the President gives his assent, the bill becomes a law. If a bill is returned for reconsideration and both the Houses pass the bill again in an amended or original form, the President has to give his assent thereto. After the President gives his assent, the act is published in the Gazette of India and it becomes a law of the land. The date of enforcement of the bill is also notified here.

9. What is a money bill? How is it passed by the Parliament?

Answer: A money bill may originate only in the Lok Sabha with the approval of the President. Money bills can be introduced only by the ministers. Ordinary members cannot introduce a money bill. Money bills are government bills. They cannot be introduced by ordinary members of the Lok Sabha. A money bill is defined in Article 110 of the Constitution. The appropriation and finance bills are also money bills. The Speaker of the Lok Sabha will have to certify that a bill is a money bill.

A money bill passes through three stages—first reading, second reading, and third reading. When the bill passes through all the readings, it is regarded as passed by the Lok Sabha. When the bill is passed by the Lok Sabha, it is signed by the Speaker. He also certifies that it is a money bill. It is then sent to the Rajya Sabha. The Rajya Sabha must send back the money bill within a period of 14 days with or without its approval. If the bill is not returned within 14 days, it is regarded as passed by both the Houses. It appears that the Rajya Sabha has no power over money bills. Its suggestions may be rejected by the Lok Sabha. It can only delay the passing of a money bill for 14 days.

After the bill is passed by the Parliament, it is sent to the President for his assent. It is a formal duty of the President to sign a money bill because he cannot withhold his assent to it. The President cannot send back a money bill for reconsideration. With the approval of the President, a money bill becomes an Act. It may be noted that the Lok Sabha is all in all in passing a money bill. The Rajya Sabha has only an advisory role. It cannot stand in the way of passing a money bill.

10. Highlight on the process of making an Ordinary Bill.

Answer: The procedure for passing an ordinary bill in Parliament involves several stages:

First Reading: The bill is introduced in the House with the permission of the presiding officer. The purpose of the bill is read out, and with the approval of the House, it is published in the official Gazette of India. At this stage, the bill is not discussed.

Second Reading: The mover of the bill may propose that the bill be considered immediately, referred to a select committee, circulated for public opinion, or sent to a joint committee. Normally, bills are sent to committees for detailed consideration. This stage involves drafting, report, and discussion of the bill clause by clause, including necessary amendments.

Third Reading: This is the final stage in either House, involving a general discussion. The main purpose is to accept or reject the bill. If approved, the bill is regarded as passed by the House.

The Bill in the Other House: The bill undergoes the same stages in the other House. If passed in its original form, it is sent to the President for assent. If there is disagreement, the President may summon a joint sitting of both Houses to resolve the deadlock. The bill is put to vote and can be passed by a majority.

Assent of the President: After passing both Houses, the bill is sent to the President for assent. The President may give assent, making it a law, or return it for reconsideration. If both Houses pass it again, the President must give assent. The act is then published in the Gazette of India and becomes law.

11. Discuss the privileges and immunities of the members of the Parliament.

Answer: The Parliament and the State legislatures enjoy certain privileges. These privileges are necessary for the due discharge of their duties. Without these privileges, the legislatures cannot discuss matters freely. The following are the privileges of the legislatures:

• Freedom of Publication of its Proceedings: Articles 105(2) and 194(2) expressly provide that no person shall be liable to any proceedings in any court in respect of the publication of any report, paper, vote or proceedings by or under authority of the House. This privilege is available to the publication done under or by the authority of the House. It means that it is not an unqualified privilege.
• Privileges to Hold Secret Meetings: Article 361 A(1) of the Constitution has clearly provided that either House of Parliament or State legislature can hold a secret sitting and can also prevent the publication of such a sitting. The Forty-Fourth Amendment Act has put it in black and white in the Constitution.
• Right to Regulate Internal Proceedings: The House has the exclusive right to regulate its own internal proceedings and the validity of any proceedings in Parliament (Article 122) and State Legislature (Article 208) cannot be challenged in any court on the ground of alleged irregularity of procedure.
• Right to Punish its Own Members and Outsiders: Each House of Parliament and the State legislature can punish its own members as well as outsiders for disorderly behaviour inside the House and for the violation of its privileges, both inside and outside the House. A member can be expelled from the House and can also be sent to jail. Whenever there is a violation of the privilege of the House it can act as the ‘High Court’ of the legislature. It can also take action against outsiders for the violation of its privileges.
• Revocation of Expulsion: The Parliament and the State Legislatures have the power of revocation of its expulsion order.

The privileges granted to the legislatures in India control the fundamental rights of the citizens. The fundamental rights of the citizens cannot go against the privileges of the Parliament. It was decided by the Search Light case in 1959 by the Supreme Court of India.

12. Point out the privileges of the Union Parliament.

Answer: The privileges of the Union Parliament are:

• Freedom of Publication of its Proceedings: Articles 105(2) and 194(2) provide that no person shall be liable to any proceedings in any court in respect of the publication of any report, paper, vote, or proceedings by or under the authority of the House.
• Privileges to Hold Secret Meetings: Article 361 A(1) provides that either House of Parliament can hold a secret sitting and prevent the publication of such a sitting.
• Right to Regulate Internal Proceedings: The House has the exclusive right to regulate its own internal proceedings and the validity of any proceedings in Parliament cannot be challenged in any court on the ground of alleged irregularity of procedure.
• Right to Punish its Own Members and Outsiders: Each House of Parliament can punish its own members and outsiders for disorderly behaviour inside the House and for the violation of its privileges, both inside and outside the House.
• Revocation of Expulsion: The Parliament has the power of revocation of its expulsion order.
• The privileges granted to the legislatures in India control the fundamental rights of the citizens. The fundamental rights of the citizens cannot go against the privileges of the Parliament.

13. Discuss the qualifications and disqualifications of the members of the Parliament.

Answer: The qualifications and disqualifications of the members of the Parliament are:

Qualifications: To be qualified for election to the Lok Sabha, a person (i) must be a citizen of India; (ii) must be above 25 years of age; (iii) must possess all other qualifications that are prescribed by the Parliament. No person can be a member of either House of Parliament and of some state legislature at the same time.

Disqualifications: Article 102 of the Constitution mentions certain disqualifications of members. (i) He must not hold an office of profit under the Government of India or of some state. (ii) He must not be a man of unsound mind. (iii) He should not be an alien. (iv) He must also not incur some other disqualifications as prescribed by a law of the Parliament. (v) He must not be an undischarged insolvent. A member of the House who remains absent for more than 60 days continuously without information may be disqualified.

A member may be disqualified under certain conditions. The Representation of the People Act of 1951 also lays down certain conditions for disqualifications. These are applicable to the members of the State legislatures as well. These are:

• A member must not have been found guilty by a court or an Election Tribunal of certain election offences or corrupt practices in the elections.
• He must not have been convicted by a court of any offence and sentenced to imprisonment for a period of more than two years.
• He must not have failed to lodge an account of his election expenses within the time and in the manner prescribed by law.
• He must not have been dismissed from government service for corruption or disloyalty.
• He must not be a director or a managing agent, nor must he hold an office of profit under any corporation in which the government has any financial interest.
• He must not have any interest in government contracts, execution of government work or service.

It is essential that a candidate seeking election to the Lok Sabha must not incur any of these disqualifications at the time of filing his nomination papers. The question whether a member has incurred disqualification or not is to be decided by the President in accordance with the opinion of the Election Commission under Article 103 of the Constitution​.

14. What is an ‘Ordinary bill’? How does it differ from a money bill?

Answer: An ordinary bill is a proposal for legislation in Parliament that is not regarded as a money bill in the Constitution. An ordinary bill may originate in either House and can be introduced by any member. Both Houses are equally powerful in passing an ordinary bill, which must be passed by both with a simple majority of members present and voting in each House.

A money bill, defined in Article 110 of the Constitution, can only originate in the Lok Sabha with the approval of the President and must be introduced by ministers. The Speaker of the Lok Sabha certifies a bill as a money bill. The Rajya Sabha must return a money bill within 14 days with or without its approval; otherwise, it is considered passed. The Lok Sabha can reject the Rajya Sabha’s suggestions. The President cannot withhold assent to a money bill and must sign it, making it an Act. The Rajya Sabha has only an advisory role in passing a money bill.

15. Discuss the powers and functions of the Speaker of the Lok Sabha.

Answer: The powers and functions of the Speaker of the Lok Sabha are classified into four parts: Regulatory, Supervisory, Administrative, and Special.

• Regulatory Powers: The Speaker conducts the business of the House, maintains order, allocates time for business, interprets rules, puts matters to vote, and has a casting vote in case of a tie. He admits motions, resolutions, points of order, and may address the House on important matters. He may adjourn the meeting in the absence of quorum and allow secret meetings.
• Supervisory Powers: The Speaker heads Parliamentary Committees, issues directions to their Chairmen, and prevents unparliamentary expressions. He can expel members for disorderly behaviour, adjourn the House in case of grave disorder, and admit privilege motions.
• Administrative Powers: The Speaker controls the Parliament Secretariat, arranges accommodation and amenities for members, regulates lobbies and galleries, and ensures the security of members. He also accepts or rejects resignations after ascertaining their authenticity.
• Special Powers: The Speaker certifies bills, decides if a bill is a money bill, presides over joint sessions, acts as the channel of communication between the President and the House, and disqualifies members for political defection. He makes nominations for parliamentary delegations and addresses the House on formal occasions.

16. Write a note on the committee system of the Parliament.

Answer: The Parliament exercises control over the administration through its committees, such as the Public Accounts Committee, Estimates Committee, Committee on Public Undertakings, Committee on Subordinate Legislation, and Committee on Government Assurances. These committees scrutinise the working of the administration, perform assigned tasks, and report their findings to the Legislature.

The Public Accounts Committee scrutinises the appropriation of accounts of all government departments, securing accountability for expenditure. The Estimates Committee examines the estimates prepared by government departments regarding their incomes and expenditures, selecting departments each year for detailed scrutiny and policy suggestions.

Parliament exercises direct control over public expenditure by examining reports from the Public Accounts Committee and Estimates Committee. General discussions are held on these reports, and the government must respond to the charges made. The Committee on Public Undertakings monitors, scrutinises, and controls the administration, policies, and finances of public sector corporations. Any delay or failure in fulfilling ministerial assurances can invite legislative censure and action.

Parliament is a debating forum, ensuring its functions are carried out smoothly and its dignity remains intact. The presiding officer regulates the business of the legislature.

17. Discuss the composition, powers and functions of the Assam Legislative Assembly.

Answer: The Assam Legislative Assembly consists of not less than 60 and not more than 500 members, directly elected by the voters of the State. Seats are reserved for Scheduled Castes and Scheduled Tribes, and the Governor can nominate a member of the Anglo-Indian Community if necessary. The members are elected from single-member constituencies on the basis of universal adult franchise, with generally one representative for every 75,000 voters. Currently, there are 126 Members in the Assam Legislative Assembly.

Candidates must be Indian citizens, at least 25 years old, and meet other qualifications as laid down by an Act of Parliament. The normal term is 5 years, subject to dissolution by the Governor or suspension/dissolution under State Emergency.

The Legislative Assembly may be prorogued or dissolved by the Governor. Sessions are summoned by the Governor, with a maximum gap of six months between sessions. Members take an oath of loyalty to the Constitution and enjoy similar privileges as those of Parliament members. The salary and allowances are determined by state law. Members can resign by writing to the Speaker.

Powers and Functions of Legislative Assembly:

• Legislative Powers: The principal duty is to frame laws. All bills must be passed by the Assembly, which can make laws on any subject in the State list and on concurrent list subjects, provided there is no conflict with Parliament’s laws.
• Control Over Executive: The Assembly controls the State Council of Ministers, asking questions, introducing resolutions or motions, and passing votes of censure to dismiss the government.
• Financial Powers: The Assembly controls state finances. Money bills can only originate in this House and must be passed by it. No tax changes occur without its approval.
• Constitutional Powers: The Assembly takes part in constitutional amendments and considers proposals sent by the President regarding state boundaries or reorganisation.
• Miscellaneous Powers: The Assembly elects and may remove its Speaker and Deputy Speaker, participates in the election of the President of India, and considers reports from various autonomous agencies like the Public Service Commission and the Auditor-General.

18. Explain how Indian Parliament controls the Executive.

Answer: The Indian Parliament controls the Executive through legislative means. The legislature has the power to approve or disapprove the policies of the executive, grant or deny financial needs, and bind the executive with laws. The control mechanisms include:

• General control over policies and actions of the executive.
• Financial control over Administration.
• Control exercised by Parliamentary Committees.

Devices used for ensuring executive accountability are:

(a) Questions.
(b) Debates and Discussions.
(c) ‘Zero Hour’ Discussion.
(d) Motions or Resolutions.
(e) Adjournment Motion.
(f) No-confidence Motion.

Parliamentary Committees such as the Public Accounts Committee, Estimates Committee, Committee on Public Undertakings, Committee on Subordinate Legislation, and Committee on Government Assurances scrutinise the working of the administration and ensure accountability. These committees report their findings to the Legislature, which can then initiate action. The Public Accounts Committee, in particular, scrutinises the appropriation of accounts, while the Estimates Committee examines the estimates of incomes and expenditures. Through debates and discussions, Parliament performs its vital functions and maintains its dignity. The presiding officer of the legislature regulates the business of the legislature to ensure smooth conduct.

19. Explain the composition and utility of the Legislative Council.

Answer: The Legislative Council is the Upper House or Second Chamber of the State Legislature, with its composition laid down in Article 171 of the Constitution. It must have a total strength of not less than 40 and not more than 1/3 of the total strength of the Legislative Assembly of the State. Members are indirectly elected by proportional representation with a single transferable vote system, and some are nominated by the Governor.

Composition:

• 1/3 members are elected by the Legislative Assembly from non-members.
• 1/3 members are elected by local bodies.
• 1/12 members are elected by teachers with at least three years’ standing.
• 1/12 members are elected by university graduates with at least three years’ standing.
• 1/6 members are nominated by the Governor from persons with special knowledge and experience.

Qualifications: Members must be Indian citizens, above 30 years of age, and meet qualifications set by Parliament.

Term of Office: It is a continuing chamber with 1/3 of members retiring every two years. Members serve six-year terms and the Council cannot be dissolved by the Governor.

Presiding Officer and Quorum: The Council requires 1/10 of members present to hold a meeting. A Chairman and Deputy Chairman, elected by members, preside over its sittings. Members enjoy similar privileges to Parliament members, with salaries and allowances determined by the State Legislature.

Utility: The Legislative Council has limited effective powers and functions mainly as a revisory chamber. It can pass non-money bills and suggest amendments, but its suggestions can be overruled by the Legislative Assembly. Money bills cannot originate in the Council and must be approved within 14 days. The Council has little control over the executive and its powers are largely theoretical. Legislative Councils are being gradually abolished due to their limited utility and lack of popularity. Dr. M. P. Sharma observes: “Should they prove inoffensive, they might be retained. If not, they can be abolished without much trouble.”

20. What are the powers and functions of the Legislative Council?

Answer: The Legislative Council has no effective powers. It functions as a Second Chamber in a Parliamentary system.

Legislative Powers: A non-money bill can originate in this House. It can pass bills on subjects in the State and Concurrent lists. A bill passed by the Legislative Assembly can be rejected by the Legislative Council only once. If the Assembly passes the bill again after three months, it will be regarded as passed by both Houses after one month.

Financial Powers: It cannot originate money bills. A money bill passed by the Legislative Assembly must be adopted within 14 days. It will be regarded as passed even without approval after this period.

Administrative Powers: Members can criticise the Government and ask questions but cannot pass a vote of no confidence against the ministry.

Electoral Powers: The Council can elect its Chairman and Deputy Chairman, remove members, and declare a seat vacant if a member is absent for 60 days without permission.

Amendment of the Constitution: The Council participates equally with the Assembly in amending the Constitution.

Evaluation: The Legislative Council appears almost powerless and does not serve the purpose of a bi-cameral legislature. Dr. M. P. Sharma observes: “Should they prove inoffensive, they might be retained. If not, they can be abolished without much trouble.”

21. Discuss the relationship between the Legislative Council and the Legislative Assembly.

Answer: The State Legislature consists of the Governor and one or two Houses. In a State where the legislature is bi-cameral, the Upper House is called the Legislative Council and the Lower House is called the Legislative Assembly.

Under Article 169 of the Constitution, the Parliament by law may provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council. The Parliament can take action in this regard when the Legislative Assembly of the concerned State passes a resolution to that effect by a majority of not less than two thirds of the members present and voting and by a majority of the total membership of the Assembly.

It is not obligatory under the Constitution to have a bi-cameral legislature in the States. But, the Legislative Assembly must be constituted in every state under normal circumstances. At present 5 States in the Indian Union have bi-cameral legislatures. 23 States have unicameral legislatures.

In a State with a bi-cameral legislature, both Houses have distinct roles and powers, though the Legislative Assembly generally holds more authority, particularly in financial matters and control over the executive. The Legislative Council mainly serves as a revising chamber, scrutinising and suggesting amendments to legislation proposed by the Assembly. However, its powers are limited compared to those of the Assembly.

The Legislative Assembly is responsible for controlling the State Council of Ministers, passing money bills, and taking part in the amendment of the Constitution. It can make laws on subjects in the State List and Concurrent List, provided they do not conflict with laws passed by the Parliament.

On the other hand, the Legislative Council can discuss and suggest amendments to non-money bills but cannot prevent their passage indefinitely. It does not have the power to initiate or reject money bills, which must be passed by the Legislative Assembly. The Council can delay the passage of bills but ultimately, the Assembly’s decisions prevail.

Thus, while the Legislative Council plays a role in revising and refining legislation, the Legislative Assembly holds the primary legislative and financial powers within the State Legislature.

22. What is Parliamentary Government? Discuss the main parliamentary characteristics of the Indian Government.

Answer: In a Parliamentary Government, the executive is responsible to the legislature. The Indian Government exhibits several parliamentary characteristics which include:

• Harmony between Legislature and Executive: The government has complete control over the legislative and executive organs of the government.
• Responsibility to the Parliament: Ministers are responsible to the Parliament and are answerable to the legislature, preventing autocratic governance.
• Alternative Government: When the majority party is defeated in the House, the opposition party may form the government, provided it proves its majority in the House.
• Opportunity for Able Individuals: The Prime Minister includes capable persons in his government, giving an opportunity to able and energetic men to assume the reins of government.
• Responsiveness to Public Opinion: The cabinet formulates its policy according to the mood of the people, making the government responsive to public opinion.
• Swift Decision Making: The cabinet can get measures passed through the legislature, ensuring swiftness in decision and vigour in action.
• Adaptability: It can be adapted easily to changing circumstances. In times of crisis, the Prime Minister may form a ‘national government’ with the cooperation of opposition parties.
• Reduction of Corruption: Parliamentary government helps in reducing corruption in administration as the opposition party remains alert about the activities of the government.
• Political Consciousness: It helps the people to be politically conscious and is of great educative value.
• Democratic Nature: It is more democratic than any other form of government, allowing a large number of people to take part in it.
• Good Relationship with People: Parliamentary government can maintain a good relationship with the people and look after national interest and the welfare of the people properly​.

23. Discuss the powers and functions of State Legislature.

Answer: The Legislative Assembly is the principal body of the State Legislature. In most of the States, the legislature consists of only one House, i.e., the Legislative Assembly. So, in real sense, the State Legislature means the Legislative Assembly. It has important powers and functions.

• Legislative Powers: The principal duty of the Legislative Assembly is to frame laws. It cannot exercise its legislative power when it is suspended during State Emergency. All bills, to become laws, must be passed by the Legislative Assembly. It can make laws on any subject in the State list. It can also make law on subjects of the concurrent list provided it does not conflict with a law on that subject already passed by the Parliament.
• Control Over Executive: It has control over the State Council of Ministers. The members of the Assembly may ask questions, introduce resolutions or motions, and may pass a vote of censure to dismiss the government. The Ministry is collectively responsible to the Assembly. The defeat of a ministry in the House means the defeat of the Government.
• Financial Powers: The Assembly controls the finances of the State. A money bill can originate only in this House. It can pass a money bill even without the approval of the Legislative Council. No tax can be imposed, enhanced, lowered, or withdrawn without its approval. The Assembly passes the budget of the government. It discusses the report of the Auditor-General.
• Constitutional Powers: The Legislative Assembly takes part in the amendment of the Constitution in certain matters. It is here that the Assembly has its role to play. It considers a proposal sent to it by the President relating to alteration in its boundary lines or its reorganisation.
• Miscellaneous Powers: The Legislative Assembly elects its Speaker and Deputy Speaker and may remove them by a vote of no-confidence. It takes part in the election of the President of India. It also considers reports submitted by various autonomous agencies like the Public Service Commission, Auditor-General and others.

Evaluation: It appears that the Legislative Assembly is very powerful within the sphere of a State. It looks more or less analogous to the Lok Sabha theoretically within its jurisdiction. It acts as the controlling authority of the State Government. It performs its functions within the sphere allotted to it.

24. Mention three merits of parliamentary government.

Answer: The three merits of parliamentary government are:

• It secures harmony between the legislature and the executive. The government has complete control over legislative and executive organs of government.
• This government cannot be autocratic. Since ministers are responsible to parliament, they are answerable to the legislature.
• It provides an alternative government when one party is defeated in the House. The opposition party may form government, if the majority party is defeated. But it must prove its majority in the House.

25. Write two characteristics of Parliamentary form of Government.

Answer: A parliamentary government is responsive to public opinion. The cabinet formulates its policy according to the mood of the people. It can be adapted easily to the changing circumstances. In times of crisis, the Prime Minister may form a ‘national government’ with the co-operation of opposition parties.

26. In a parliamentary form of government the executive is responsible to the—

(a) Parliament
(c) Head of the State
(b) Lower House of the Parliament
(d) Upper House of the Parliament

Answer: (a) Parliament

Short Answer Type

1. Write a note on ‘Money Bill’.

Answer: A money bill is a bill that deals with matters related to taxation, borrowing, expenditure, and other financial matters of the government. It can only be introduced in the Lok Sabha and not in the Rajya Sabha. The Speaker of the Lok Sabha certifies whether a bill is a money bill or not. The Rajya Sabha can only delay the passing of a money bill for 14 days.

2. Write a note on ‘Ordinary Bill.’

Answer: An ordinary bill is a bill that deals with matters other than those related to finance. It can be introduced in either House of Parliament. Both Houses have equal powers in respect of passing an ordinary bill. It must be passed by both Houses with a simple majority of members present and voting in each House.

3. What is meant by a ‘Government Bill’?

Answer: A government bill is a bill introduced by a minister in the Parliament. It is a bill that is considered to be important for the government’s policies and programs.

4. What are the functions of the Rajya Sabha?

Answer: The Rajya Sabha has several important functions, including:

• Legislative Powers: It can pass bills on subjects included in the Union and Concurrent lists. It can also pass bills on subjects included in the State list when a resolution is passed to that effect by the Rajya Sabha.
• Financial Powers: It can review and suggest amendments to money bills passed by the Lok Sabha.
• Executive Powers: It can ask questions, table adjournment motions, introduce resolutions and call attention motions, and demand half-hour discussions. It can criticize the policies and activities of the government.
• Amendment of the Constitution: An amendment bill to amend the Constitution may originate in this House. Without its consent, no amendment bill can be passed by the Parliament.
• Miscellaneous Powers: The elected members of the Rajya Sabha take part in the election of the President and the Vice-President. They take part in voting for the removal of the President, Vice-President, Chief Justice and Judges of the Supreme Court and the High Courts. It shares power with the Lok Sabha in setting up special courts. Annual reports of various commissions are considered by it. A proclamation of emergency must be approved by the Rajya Sabha. Every order issued by the President suspending fundamental rights must be approved by this House also. Rules made under delegated legislation must also be approved by it.

5. What are the qualifications to be a member of the Parliament?

Answer: To be qualified for election to the Parliament, a person must:

• Be a citizen of India.
• Be at least 25 years old for the Lok Sabha and 30 years old for the Rajya Sabha.
• Possess all other qualifications that are prescribed by the Parliament.

6. What are the disqualifications of a member of the Parliament?

Answer: A member of Parliament can be disqualified under the following circumstances:

• Holding an office of profit under the Government of India or of some state.
• Being of unsound mind.
• Being an alien.
• Incurring some other disqualifications as prescribed by a law of the Parliament.
• Being an undischarged insolvent.
• Remaining absent from the House for more than 60 days continuously without information.

7. Write a few lines on the financial power of Lok Sabha.

Answer: The Lok Sabha has complete control over the state exchequer. It has the power to impose, increase, or curtail taxes. It controls the income and expenditure of the government. It passes the budget of the government. It exercises control over the Contingency Fund of India.

8. How is the Speaker of the Lok Sabha elected?

Answer: The Speaker of the Lok Sabha is elected by the members of the Lok Sabha from among themselves. The election is usually held on a party basis.

9. Mention four important roles of the Speaker of the Lok Sabha.

Answer: The Speaker of the Lok Sabha has several important roles, including:

• Presiding Officer: He presides over the sessions of the Lok Sabha.
• Maintainer of Order: He maintains order and decorum in the House.
• Interpreter of Rules: He interprets the rules of the Constitution and of the procedure for the guidance of the members.
• Custodian of Privileges: He is the custodian of the rights and privileges of the members of the House.

10. Under what circumstances a joint sitting of the two House of Parliament can take place?

Answer: A joint sitting of the two Houses of Parliament can take place when there is a deadlock between the Lok Sabha and the Rajya Sabha over a bill. The President can summon a joint sitting to resolve the deadlock.

11. Mention any two qualifications prescribed for the members of the Rajya Sabha.

Answer: To be a member of the Rajya Sabha, a person must:

• Be a citizen of India.
• Be at least 30 years old.

12. Write a note on nomination of members to the Rajya Sabha.

Answer: The President of India nominates 12 members to the Rajya Sabha from amongst persons who have achieved distinction in the fields of art, literature, science, and social service.

13. Write a short note on the joint sitting of the Parliament.

Answer: A joint sitting of the Parliament is a special session where members of both the Lok Sabha and the Rajya Sabha meet together. It is convened by the President to resolve a deadlock between the two Houses over a bill. The Speaker of the Lok Sabha presides over the joint sitting.

14. What are the constituent powers of the Parliament?

Answer: The Parliament has the power to amend the Constitution. It can pass constitutional amendment bills by a simple majority or a special majority, depending on the nature of the amendment.

15. What is meant by ‘Vote of no-confidence’?

Answer: A vote of no-confidence is a motion moved in the Lok Sabha to express a lack of confidence in the Council of Ministers. If the motion is passed, the government has to resign.

16. How can the Prime Minister of India be removed?

Answer: The Prime Minister of India can be removed from office in the following ways:

• Loss of Majority: If the Prime Minister loses the support of the majority of members in the Lok Sabha, he has to resign.
• Vote of No-Confidence: If the Lok Sabha passes a vote of no-confidence against the Prime Minister, he has to resign.
• Resignation: The Prime Minister can resign from office at any time.

17. What is State Finance Commission?

Answer: The State Finance Commission is a body constituted by the Governor of a state to recommend the distribution of the state’s finances between the state government and the local bodies.

18. Write a note on the composition of the State Council of Ministers.

Answer: The State Council of Ministers is composed of the Chief Minister and other ministers. The Chief Minister is appointed by the Governor and is the leader of the majority party in the Legislative Assembly. The other ministers are appointed by the Governor on the advice of the Chief Minister.

19. How is the State Council of Ministers Constituted?

Answer: The State Council of Ministers is constituted in the following way:

• The Governor appoints the Chief Minister, who is the leader of the majority party in the Legislative Assembly.
• The Chief Minister then recommends to the Governor the appointment of other ministers.
• The Governor appoints the other ministers on the advice of the Chief Minister.

20. Write a note on the financial powers of the Legislative Council.

Answer: The Legislative Council has limited financial powers. It cannot originate money bills. It can only review and suggest amendments to money bills passed by the Legislative Assembly.

21. Write a short note on the financial powers of the Legislative Assembly.

Answer: The Legislative Assembly has complete control over the state’s finances. It can impose, increase, or curtail taxes. It controls the income and expenditure of the state government. It passes the budget of the state government.

22. Write a note on the Governor as the agent of the Union Government.

Answer: The Governor is the head of the state government and is appointed by the President of India. He acts as the agent of the Union Government in the state. He has the power to dissolve the Legislative Assembly and to impose President’s Rule in the state.

23. What are the privileges of the members of the State Legislature?

Answer: The members of the State Legislature enjoy certain privileges, including:

• Freedom of Speech: They have the freedom to speak freely in the legislature without fear of being sued for defamation.
• Protection from Arrest: They cannot be arrested during the session of the legislature without the permission of the presiding officer.
• Right to Regulate Internal Proceedings: They have the right to regulate their own internal proceedings.

24. State the relationship between the Lok Sabha and Rajya Sabha in respect of (i) Ordinary bills and (ii) Money bills.

Answer:

• Ordinary Bills: Both Houses have equal powers in respect of passing an ordinary bill. It must be passed by both Houses with a simple majority of members present and voting in each House.
• Money Bills: The Lok Sabha has complete control over money bills. The Rajya Sabha can only delay the passing of a money bill for 14 days.

25. Mention the stages of passing of a bill.

Answer: The stages of passing a bill are:

• Introduction: The bill is introduced in the House with the permission of the presiding officer.
• First Reading: The purpose of the bill is read out by the mover of the bill.
• Second Reading: The bill is discussed and debated.
• Committee Stage: The bill is referred to a committee for detailed examination.
• Report Stage: The committee submits its report on the bill to the House.
• Third Reading: The bill is passed by the House.
• Assent of the President: The bill is sent to the President for his assent.

26. Write five powers of the Legislative Assembly.

Answer: The Legislative Assembly has several important powers, including:

• Legislative Powers: It can make laws on any subject in the State list.
• Control Over Executive: It has control over the State Council of Ministers.
• Financial Powers: It controls the finances of the State.
• Constitutional Powers: It takes part in the amendment of the Constitution in certain matters.
• Miscellaneous Powers: It elects its Speaker and Deputy Speaker and may remove them by a vote of no-confidence.

27. Write five functions of the Speaker of the Legislative Assembly.

Answer: The Speaker of the Legislative Assembly has several important functions, including:

• Presiding Officer: He presides over the sessions of the Legislative Assembly.
• Maintainer of Order: He maintains order and decorum in the House.
• Interpreter of Rules: He interprets the rules of the Constitution and of the procedure for the guidance of the members.
• Custodian of Privileges: He is the custodian of the rights and privileges of the members of the House.
• Certifier of Bills: He certifies whether a bill is a money bill or not.

28. Mention any three circumstances under which a joint sitting of two House of the Parliament can take place.

Answer: A joint sitting of the two Houses of Parliament can take place under the following circumstances:

• Deadlock over a Bill: When there is a deadlock between the Lok Sabha and the Rajya Sabha over a bill.
• Constitutional Amendment: When a constitutional amendment bill is passed by one House and rejected by the other House.
• Other Matters: The President can summon a joint sitting for other matters as well, if he deems it necessary.

29. State three arguments in favour of creation of Legislative Council in Assam.

Answer: There are several arguments in favor of creating a Legislative Council in Assam, including:

• Providing Representation to Experts: It would provide representation to experts in various fields, such as education, science, and social service.
• Acting as a Revisory Chamber: It would act as a revisory chamber, scrutinizing bills passed by the Legislative Assembly.
• Promoting Deliberation: It would promote more deliberation and debate on important issues.

30. Mention three qualifications of members of the State Legislative Assembly.

Answer: To be a member of the State Legislative Assembly, a person must:

• Be a citizen of India.
• Be at least 25 years old.
• Possess all other qualifications that are prescribed by the Parliament.

31. Who, under what circumstances, can pass an ‘ordinance’?

Answer: The President of India can pass an ordinance under the following circumstances:

• When Parliament is not in Session: When Parliament is not in session and the President considers it necessary to take immediate action on a matter.
• Urgent Need: When there is an urgent need to take action on a matter and Parliament cannot be summoned immediately.

32. Write two legislative powers of the Rajya Sabha.

Answer: The Rajya Sabha has the following legislative powers:

• Passing Bills: It can pass bills on subjects included in the Union and Concurrent lists.
• Passing Bills on State Subjects: It can pass bills on subjects included in the State list when a resolution is passed to that effect by the Rajya Sabha.

33. Mention two qualifications to be a member of the Lok Sabha.

Answer: To be a member of the Lok Sabha, a person must:

• Be a citizen of India.
• Be at least 25 years old.

34. Write two powers of the Speaker of the Lok Sabha.

Answer: The Speaker of the Lok Sabha has the following powers:

• Presiding Officer: He presides over the sessions of the Lok Sabha.
• Certifier of Bills: He certifies whether a bill is a money bill or not.

35. Name two categories of ministers of the Union Council of Ministers.

Answer: The Union Council of Ministers is divided into two categories:

• Cabinet Ministers: These are the most senior ministers and are responsible for major departments.
• Ministers of State: These are junior ministers and are responsible for specific areas within a department.

36. Write two functions of the Union Cabinet.

Answer: The Union Cabinet has the following functions:

• Formulating Policies: It formulates policies for the government.
• Taking Decisions: It takes decisions on important matters of government.

37. Explain four functions of the Parliament of India.

Answer: The Parliament of India has several important functions, including:

• Law Making: It makes laws for the country.
• Control over Executive: It controls the executive branch of the government.
• Financial Control: It controls the finances of the government.
• Amendment of the Constitution: It has the power to amend the Constitution.

38. Explain two situations, when Joint-Session of the two Houses of Parliament can take place.

Answer: A joint session of the two Houses of Parliament can take place in the following situations:

• Deadlock over a Bill: When there is a deadlock between the Lok Sabha and the Rajya Sabha over a bill.
• Constitutional Amendment: When a constitutional amendment bill is passed by one House and rejected by the other House.

39. Describe four instruments through which the Parliament controls the Executive.

Answer: The Parliament controls the executive through several instruments, including:

• Questions: Members of Parliament can ask questions to the ministers about the government’s policies and actions.
• Debates and Discussions: The Parliament provides a platform for debates and discussions on important issues.
• Motions and Resolutions: Members of Parliament can move motions and resolutions to express their views on various matters.
• Vote of No-Confidence: The Lok Sabha can pass a vote of no-confidence against the Council of Ministers, which can lead to the resignation of the government.

40. Give three arguments in favour of formation of Bi-cameral Legislature in Assam.

Answer: There are several arguments in favor of forming a bicameral legislature in Assam, including:

• Providing Representation to Experts: It would provide representation to experts in various fields, such as education, science, and social service.
• Acting as a Revisory Chamber: It would act as a revisory chamber, scrutinizing bills passed by the Legislative Assembly.
• Promoting Deliberation: It would promote more deliberation and debate on important issues.

41. Write a note on the parliamentary form of government.

Answer: A parliamentary form of government is a system where the executive branch of government is responsible to the legislature. The legislature elects the executive, and the executive can be removed from office by the legislature. In a parliamentary system, the head of state is usually a ceremonial figure, while the head of government is the Prime Minister or Chief Minister.

42. Mention two differences between a Cabinet minister and a Minister of State.

Answer: The main differences between a Cabinet minister and a Minister of State are:

• Seniority: Cabinet ministers are more senior than Ministers of State.
• Responsibility: Cabinet ministers are responsible for major departments, while Ministers of State are responsible for specific areas within a department.

43. Write the minimum and maximum number of members of the Legislative Assembly.

Answer: The minimum number of members of a Legislative Assembly is 60, and the maximum number is 500.

44. Write the minimum and maximum number of members of the Legislative Council.

Answer: The minimum number of members of a Legislative Council is 40, and the maximum number is 1/3 of the total strength of the Legislative Assembly of the State.

45. Write any two qualifications to be a member of the Legislative Assembly.

Answer: To be a member of the Legislative Assembly, a person must:

• Be a citizen of India.
• Be at least 25 years old.

46. Write any two qualifications to be a member of the Legislative Council.

Answer: To be a member of the Legislative Council, a person must:

• Be a citizen of India.
• Be at least 30 years old.

47. Mention two qualifications of members of State Legislative Assembly.

Answer: To be a member of the State Legislative Assembly, a person must:

• Be a citizen of India.
• Be at least 25 years old.

48. Name two States of India having bicameral legislature.

Answer: The following two states of India have bicameral legislatures:

• Bihar
• Uttar Pradesh

49. How many members can be nominated to the Lok Sabha? From which community such members are nominated?

Answer: The President of India can nominate two members to the Lok Sabha from the Anglo-Indian community.

50. Mention any two powers exercised only by the Lok Sabha.

Answer: The Lok Sabha has the following powers that are not shared by the Rajya Sabha:

• Control over the Executive: It can pass a vote of no-confidence against the Council of Ministers, which can lead to the resignation of the government.
• Financial Powers: It has complete control over the state exchequer. It has the power to impose, increase, or curtail taxes. It controls the income and expenditure of the government. It passes the budget of the government. It exercises control over the Contingency Fund of India.

Objective Type

1. What is the quorum of the Lok Sabha?

Answer: 1/10th of the total number of members.

2. What is the quorum of the Rajya Sabha?

Answer: 1/10th of the total number of members.

3. Is the President bound to accept the advice of the Council of Ministers?

Answer: Yes, the President is bound to accept the advice of the Council of Ministers.

4. How many members are nominated to the Rajya Sabha?

Answer: 12 members are nominated to the Rajya Sabha.

5. How many members can be nominated to the Lok Sabha?

Answer: 2 members can be nominated to the Lok Sabha.

6. How many members are there in the Rajya Sabha from Assam?

Answer: 7 members are there in the Rajya Sabha from Assam.

7. How many members are there in the Lok Sabha from Assam?

Answer: 14 members are there in the Lok Sabha from Assam.

8. Who can nominate members to the Parliament?

Answer: The President can nominate members to the Parliament.

9. Is the Union Council of Ministers responsible to the Rajya Sabha?

Answer: No, the Union Council of Ministers is responsible to the Lok Sabha.

10. Who in the Union Government can issue an Ordinance?

Answer: The President can issue an Ordinance in the Union Government.

11. How many nominated members are there in the Lok Sabha? Who nominates them?

Answer: There are 2 nominated members in the Lok Sabha, nominated by the President.

12. Can nominated members of the Rajya Sabha participate in the Presidential election?

Answer: Yes, nominated members of the Rajya Sabha can participate in the Presidential election.

13. Can a non-member of Legislature become a minister in India?

Answer: Yes, a non-member of Legislature can become a minister in India but must get elected to either House of the Parliament within six months.

14. Can the Legislative Council be dissolved?

Answer: No, the Legislative Council cannot be dissolved as it is a permanent body.

15. Who can nominate members to the Legislative Assembly?

Answer: The Governor can nominate members to the Legislative Assembly.

16. Who can dissolve the Legislative Assembly?

Answer: The Governor can dissolve the Legislative Assembly.

17. What is the term of office of the Chief Minister?

Answer: The term of office of the Chief Minister is not fixed and can continue as long as they enjoy the confidence of the Legislative Assembly.

18. Is the Legislative Council a permanent Chamber?

Answer: Yes, the Legislative Council is a permanent Chamber.

19. Who can send messages to the State Legislature?

Answer: The Governor can send messages to the State Legislature.

20. Who decides whether a bill is a Money Bill or not?

Answer: The Speaker of the Lok Sabha decides whether a bill is a Money Bill or not.

21. What is the maximum strength of members of the State Legislative Assembly?

Answer: The maximum strength of members of the State Legislative Assembly is 500.

22. What is the minimum strength of members of the State Legislative Council?

Answer: The minimum strength of members of the State Legislative Council is 40.

23. The Rajya Sabha can be dissolved by the President.

Answer: No, the Rajya Sabha is a permanent body and cannot be dissolved by the President.

24. There is no nominated member in the Rajya Sabha.

Answer: No, there are nominated members in the Rajya Sabha.

25. The Speaker is the head of the Committees.

Answer: Yes, the Speaker is the head of the Committees in the Lok Sabha.

26. The Speaker is appointed by the Governor.

Answer: No, the Speaker is elected by the members of the Lok Sabha.

27. Who is the chairman of the Rajya Sabha?

Answer: The Vice-President of India is the ex-officio chairman of the Rajya Sabha.

28. Who elects the members of the Rajya Sabha?

Answer: The elected members of the State Legislative Assemblies elect the members of the Rajya Sabha.

29. Who will declare in the Parliament whether a bill is money bill or not?

Answer: The Speaker of the Lok Sabha will declare in the Parliament whether a bill is a money bill or not.

30. How many members are there in Lok Sabha from Assam?

Answer: There are 14 members in Lok Sabha from Assam.

31. How many members are there in Rajya Sabha from Assam?

Answer: There are 7 members in Rajya Sabha from Assam.

32. Why do we need two houses of Parliament?

Answer: We need two houses of Parliament to ensure a check on hasty and rash legislation and to represent different interests and associations.

33. Mention the instruments of Parliamentary Control.

Answer: The instruments of Parliamentary Control include questions, adjournment motions, calling attention notices, and resolutions.

34. Who presides over a joint session of the Parliament?

Answer: The Speaker of the Lok Sabha presides over a joint session of the Parliament.

35. Mention two functions of the Indian Parliament.

Answer: Two functions of the Indian Parliament are law-making and controlling the executive.

36. Mention two states of the Indian Union which have Bicameral legislature.

Answer: Two states of the Indian Union which have Bicameral legislature are Uttar Pradesh and Bihar.

Fill in the blank

1. The Lok Sabha can be dissolved by the

Answer: President

2. A money bill can be introduced only in the

Answer: Lok Sabha

3. The _______ presides over the meetings of the Union Cabinet.

Answer: Prime Minister

4. The Rajya Sabha can delay the passing of a money bill by _______ days.

Answer: 14 days

5. The term of office of the Legislative Assembly is _______ years.

Answer: 5 years

6. The Legislative Assembly can be dissolved by the

Answer: Governor

Multiple Choice

1. In whose name the Government of India is carried on?

(a) Cabinet Secretary (b) Prime Minister (c) Home Minister (d) President

Answer: (d) President

2. How many members can be nominated to the Lok Sabha by the President?

(a) 2 (b) 4 (c) 6 (d) 8

Answer: (a) 2

3. How many members are nominated to the Rajya Sabha by the President?

(a) 4 (b) 8 (c) 12 (d) 16

Answer: (c) 12

4. The maximum number of members of the Lok Sabha is

(a) 520 (b) 525 (c) 540 (d) 547

Answer: (d) 547

5. The maximum number of members of the Rajya Sabha is

(a) 220 (b) 230 (c) 240 (d) 250

Answer: (d) 250

6. Who can declare whether a bill is a money bill or not?

(a) Vice-President (b) President (c) Finance Minister (d) Speaker of the Lok Sabha

Answer: (d) Speaker of the Lok Sabha

7. Who can dissolve the Lok Sabha?

(a) President (b) Prime Minister (c) Vice-President (d) Speaker

Answer: (a) President

8. The term of the Rajya Sabha is

(a) 5 Years (b) 6 Years (c) 8 Years (d) Permanent Chamber

Answer: (d) Permanent Chamber

9. The minimum age to be a member of the Rajya Sabha is

(a) 25 Years (b) 30 Years (c) 35 Years (d) 40 Years

Answer: (b) 30 Years

10. The minimum age to be a member of the Lok Sabha is

(a) 20 Years (b) 25 Years (c) 30 Years (d) 35 Years

Answer: (b) 25 Years

11. Who will declare in the Parliament whether a bill is money or not?

(a) Finance Minister (b) Vice-President of India (c) Speaker of the Lok Sabha (d) Prime Minister

Answer: (c) Speaker of the Lok Sabha

12. The minimum number of members of a Legislative Assembly is

(a) 40 (b) 50 (c) 60 (d) 70

Answer: (a) 40

13. The Legislative Assembly can be dissolved by the

(a) President (b) Governor (c) Prime Minister (d) Chief Minister

Answer: (b) Governor

14. Which article provides for a State Legislature?

(a) 148 (b) 158 (c) 168 (d) 178

Answer: (c) 168

15. Who is the Head of the State in India?

(i) President (ii) Vice-President (iii) Prime Minister (iv) Speaker of the Lok Sabha

Answer: (i) President

16. Rajya Sabha has the power on Money Bill for period of

(i) 12 days only (ii) 14 days only (iii) 16 days only (iv) 18 days only

Answer: (ii) 14 days only

Textual Quesstions

1. Alok thinks that a country needs an efficient government that looks after the welfare of the people. So, if we simply elected our Prime Minister and Ministers and left to them the task of government, we will not need a legislature. Do you agree? Give reasons for your answer.

Answer: I do not agree. In a democracy, the legislature represents the people and acts as a check on the executive. Without a legislature, there would be no representation of the diverse interests of the citizens and no mechanism to hold the government accountable for its actions.

2. A class was debating the merits of a bicameral system. The following points were made during the discussion. Read the arguments and say if you agree or disagree with each of them, giving reasons. Neha said that bicameral legislature does not serve any purpose. Shama argued that experts should be nominated in the second chamber. Tridib said that if a country is not a federation, then there is no need to have a second chamber.

Answer: Neha: I disagree. A bicameral legislature ensures more comprehensive scrutiny of laws and prevents hasty decisions.
Shama: I agree. Experts in the second chamber can provide valuable insights and expertise in legislative matters.
Tridib: I disagree. Even in non-federal countries, a second chamber can provide checks and balances and represent different interests.

3. Why can the Lok Sabha control the executive more effectively than the Rajya Sabha can?

Answer: The Lok Sabha can control the executive more effectively because it has the power to pass a vote of no confidence against the government, which can force the government to resign. The executive is directly responsible to the Lok Sabha.

4. Rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations. Do you agree? Give reasons.

Answer: I agree. The Lok Sabha, being directly elected by the people, serves as a forum where the representatives express the concerns, sentiments, and expectations of their constituents. It reflects the popular will and ensures that the government remains responsive to the public.

5. The following are some proposals for making the Parliament more effective. State if you agree or disagree with each of them and give your reasons. Explain what would be the effect if these suggestions were accepted. Parliament should work for longer period. Attendance should be made compulsory for members of Parliament. Speakers should be empowered to penalise members for interrupting the proceedings of the House.

Answer:

• Parliament should work for a longer period: Agree. Longer sessions would allow for more thorough discussion and scrutiny of legislation.
• Attendance should be made compulsory for members of Parliament: Agree. Compulsory attendance would ensure that members are present to participate in debates and decision-making.
• Speakers should be empowered to penalise members for interrupting the proceedings of the House: Agree. This would help maintain order and decorum during parliamentary sessions.

6. Arif wanted to know that if ministers propose most of the important bills and if the majority party often gets the government bills passed. What is the role of the Parliament in the law making process? What answer would you give him?

Answer: Parliament plays a crucial role in the law-making process by debating and scrutinising bills proposed by ministers. Even though the majority party may have an advantage, the parliamentary process ensures that bills are examined, amended if necessary, and approved only after thorough discussion.

7. Which of the following statements do you agree with the most? Give your reasons. Legislators must be free to join any party they want. Anti-defection law has contributed to the domination of the party leaders over the legislators. Defection is always for selfish purposes and therefore a legislator who wants to join another party must be disqualified from being a minister for the next two years.

Answer: I agree most with the statement that defection is always for selfish purposes and therefore a legislator who wants to join another party must be disqualified from being a minister for the next two years. This would discourage legislators from switching parties for personal gain and ensure stability and integrity in the political system.

8. Dolly and Sudha are debating about the efficiency and effectiveness of the Parliament in recent times. Dolly believed that the decline of Indian Parliament is evident in the less time spent on debate and discussion and increase in the disturbances of the functioning of the House and walkouts etc. Sudha contends that the fall of different governments on the floor of Lok Sabha is a proof of its vibrancy. What other arguments can you provide to support or oppose the positions of Dolly and Sudha?

Answer:

• Support for Dolly: The decline in the time spent on debates and the increase in disruptions can undermine the legislative process and lead to inadequate scrutiny of bills. Effective functioning of Parliament requires meaningful discussions.
• Support for Sudha: The frequent changes in government demonstrate that the Parliament is active and that the executive is accountable to the legislature. It reflects a dynamic political environment where different viewpoints are represented and considered.

9. Arrange the different stages of passing of a bill into a law in their correct sequence. A resolution is passed to admit the bill for discussion. The bill is referred to the President of India. The bill is referred to the other House and is passed. The bill is passed in the House in which it was proposed. The bill is read clause by clause and each is voted upon. The bill is referred to the subcommittee – the committee makes some changes and sends it back to the House for discussion. The concerned minister proposes the need for a bill. Legislative department in ministry of law drafts a bill.

Answer:

• The concerned minister proposes the need for a bill.
• Legislative department in ministry of law drafts a bill.
• A resolution is passed to admit the bill for discussion.
• The bill is read clause by clause and each is voted upon.
• The bill is referred to the subcommittee – the committee makes some changes and sends it back to the House for discussion.
• The bill is passed in the House in which it was proposed.
• The bill is referred to the other House and is passed.
• The bill is referred to the President of India.

10. How has the system of parliamentary committee affected the overseeing and appraisal of legislation by the Parliament?

Answer: The system of parliamentary committee has improved the overseeing and appraisal of legislation by providing detailed examination of bills, policies, and administration. Committees allow for more focused and expert analysis, leading to more informed decisions and effective governance.

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