Class 11 Political Science Chapter 5 Legislature Question Answer As Per New Syllabus to each Chapter is provided in the list of SCERT, NCERT, AHSEC Class 11 Political Science Unit 5 Question Answer/Class Political Science Unit 5 Question Answer are given so that you can easily search through the different Chapters and select the needs Notes of AHSEC Class 11 Political Science Lesson 5 Question Answer English Medium. covers all the exercise questions in NCERT, SCERT.
Class 11 Political Science Chapter 5 Legislature
Class 11 Political Science Chapter 5 Legislature Question Answer | Guide for Class 11th Political Science Unit 5 English Medium Also Same NCERT Solutions for Class 11 Political Science In this post we will explain to you what to try If you are a Student of English Medium then it will be very helpfull for you. NCERT/SCERT, AHSEC Class 11 Political Science Chapter 5.
Chapter 5 Legislature
VERY SHORT TYPE QUESTION & ANSWERS:
1. Why can the Lok Sabha control the executive more effectively than the Rajya Sabha can?
Ans: The Lok Sabha can control the executive more effectively because the executive is formed from the party or a coalition of parties that has a majority in the Lok Sabha.
The second reason is that the members of the Lok Sabha are elected directly by the people.
The thirdly the Lok Sabha has the power to remove the executive form office but the Rajya Sabha can’t remove the executive from office
2. How is the Rajya Sabha Formed?
Ans: The Rajya Sabha, the upper House of the parliament has a maximum strength of 250 members; out of these 238 are to be the representatives of the states and remaining 12 members are nominated by the president from amongst persons who have achieved distinctions in the fields of art, literature, science or social services. The 238 members, representing the states, are elected by the State Legislative Assemblies working in different states of India. The number of members elected by each State Legislative Assembly differs from state to state.
3. How are the members of the Rajya Sabha are elected?
Ans: The members of the Rajya Sabha are elected indirectly by members of the state Legislative Assemblies through the method of proportional representation – single transferable vote system. Each state Legislative Assembly elects as many representatives as have been allocated to it by the constitution. The president nominates 12 members from amongst person. Who have attained distinction in the field of art, science, literature and social service.
4. How is the Lok Sabha of India formed?
Ans: The House of the people, i.e. the Lok Sabha is the lower, directly elected and powerful House of the union parliament. It has present a strength of 547 members, out whÃch 525 are the elected representatives of the people living in the states of the union and 20 are the elected representatives of the people living in the union Territories the president has the right to nominate to the Lok Sabha two members belonging to the Anglo Indian community.
5. What are the qualifications for the membership of Lok Sabha?
Ans: To contest the elections of the Lok Sabha, a person must have the following quantifications:
(a) He must be a citizen of India.
(b) He must not be less than 25 years of age.
(c) He must not hold any office of profit under the union or state Government.
(d) He should not have an unsound mind or be bankrupt.
6. What are the main qualifications for a member of Rajya Sabha?
Ans: The constitution of India lays down the following qualifications for the membership of the Rajya Sabha:
(a) He must be a citizen of India.
(b) He should be a resident of the state, from which he is seeking election for a minimum of six months.
(c) He must be above the age of 30 years.
(d) He must possess all their qualifications as may be laid down by the parliament.
(e) He must not hold any office of profit under the government of India or of the state.
(f) He should not be insane or bankrupt.
(g) He should not have been disqualified under any law of the parliament.
7. How does the Indian parliament control the executive?
Ans: The parliament controls the executive in the following ways:
(i) The Prime Minister and the other ministers are taken from the parliament and after becoming ministers, they remain the members of the parliament. They participate in the meetings of the parliament.
(ii) The ministers are responsible to the parliament for their action and policies.
(iii) The members of the parliament can ask questions to the ministers regarding the functioning of the administration. The ministers are to give a satisfactory reply to all these questions.
(iv) The members of the parliament by introducing ‘Adjournment Motion’ can invite the attention of the Government to a serious problem or event.
8. Discuss the main features of union parliament.
Ans: In India, the union parliament has the following features.
(i) President is not a member of the parliament but a part of parliament.
(ii) The union parliament is a bi-cameral organization that is Rajya Sabha and Lok Sabha.
(iii) The Indian Parliament is not sovereign because it can legislate only those subjects which have been given to it by the constitution. In other words, laws of the union parliament are subject to the judicial review power of the supreme court.
(iv) The powers of both the houses are not equal.
(v) Provisions for nomination in both the houses.
(vi) The union parliament exercises executive and even judicial functions along with the legislative functions.
(vii) Vice president as ex-officio chairman of the Rajya Sabha and Speaker as the Chairman of the Lok Sabha.
9. Alok thinks that a country needs an efficient Government that looks after the welfare of the people. So if we simply elected our Prime Ministers and Ministers and left to them the task of Government, we would not need a legislature. Do you agree? Give reasons for your answer.
Ans: Alok’s thinking is completely ignorant. Exclusive and legislature have quite two different domains of operation. The executive runs the administration of the country while the legislature is concerned with the formation of laws and to check the trans question of the executive and judiciary. If we simply elect our Prime Minister and ministers and leave to them the task of Government, it will give rise to dictatorship.
The legislature helps people in holding the council of Ministers accountable. Without the legislature, a true representative democracy cant be materialized. Legislature is the most important organ of all the organs of government. Without the fetters of the legislature there would be all like hood that the council of Ministers would become unresponsive to people’s hopes and aspirations.
10. What are the special powers of the Rajya Sabha?
Ans: Some of the powers are enjoyed specially and exclusively by the Rajya Sabha and these are:
(a) Under Art 249 the Rajya Sabha can pass a resolution by 2/3rd majority of its members present and voting for declaring a subject of the state List as a subject of national importance.
(b) Art 319 of the constitution empowers the Rajya Sabha to create one or more new All India Services if it adopts a resolution supported by 2/3 majority of the people of national interest.
(c) In case the Lok Sabha stands dissolved the Rajya Sabha is competent to exercise a democratic check on the exercise of the emergency powers of the president.
(d) The Rajya Sabha alone is competent to initiate a proposal for removing the Vice-president of India.
LONG TYPE QUESTION & ANSWERS:
1. 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.
(i) Neha said that the bicameral legislature does not serve any purpose.
Ans: Neha said that bicameral legislature does not serve any purpose. But it is not true. In a large country like India it is preferred to have two houses of the legislature to give representation to all sections of the society. The second argument in favour of bicameral legislature is that the monopoly of the first chamber can be checked.
(ii) Shama argued that experts should be nominated in the second chamber.
Ans: Shama argued that experts should be nominated in the second chamber. In our country the president can nominate 12 members in Rajya Sabha. These nominations are made from among these persons who have the specialization in the fields of literature, art, social services, science etc. The selected members of the different fields are experienced and they possess intellectual depth.
(iii) Tridip said that if a country is not a federation, then there is no need to have a second chamber.
Ans: Tridip’s arguments may not be valid. Even if a country is not a federation, a need for the second chamber is there. The two houses of the national legislature are required to give representations to all the sections of the society and to give representation to all geographical regions of parts of the country. A bicameral legislature ensures double check on every bill and every policy matter, thus realizing the exact purpose of the legislative organ of the government.
2. 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.
Ans: We know that the lower house of the parliament i.e. the Lok Sabha has more power to control the executive but rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and peoples expectations. The parliament has the power to make laws regarding the subjects given in the union list and it is also empowered to pass laws concerning the subjects given in the concurrent list.
The members of the Lok Sabha express their views on the bill when it is discussed in the lower house. They express the popular sentiments and the expectations of the people of their constituencies. The supporters of the bill argue in its favour while those who are opposed to the bill point out the defects of the bill before the house and recommend its modification and rejection. There is a clause by clause discussion on the bill. The money bills have to be introduced in the Lok Sabha and not in the Rajya Sabha.
3. 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.
(a) Parliament should work for a longer period.
Ans: Parliament should work for longer period: For the realization of a true representative democracy, the Parliament has to effectively control the executive and ensure a more responsive government. For this purpose, it is important that there should be on adequate time at the disposal of the House.
Moreover, the Houses of parliament have been plagued by absence of quorum, boycott of sessions by the opposition, thus wasting the time available to the Houses. Many important bill are held pending for longer periods. Most of the grants in the budget are guillotonised. Hence the parliament should work for longer period to control the executive through debates, discussion and censures.
(b) Attendance should be made compulsory for members of Parliament.
Ans: Attendance should be made compulsory for members of Parliament: Nowadays, it is found that our parliamentarians are frequently absent from the processing of the Houses. Due to the lack of quorum, the presiding officer has to suspend the business of the house. Many bills are delayed for longer periods. This is gross injustice to the people who have elected them and the regions whom they represent in view of all these, there is an urgent need in view of all these, for making the attendance compulsory.
(c) Speakers should be empowered to penalize members for interrupting the proceeding of the House.
Ans: Speakers should be empowered to penalize members for interrupting the proceedings of the House: It is through debates that the House of Parliament Performs all its vital functions. These discussions should be meaningful and orderly so that the functions are carried out smoothly, its dignity remains-intact and the precious time of the House is not wasted. The constitution of India itself, he made certain provisions to ensure the smooth conduct of each of the houses.
In the Lok Sabha, the speaker is the presiding officer who is the final authority in matters of regulating the business of the Houses. These days we find some of the members, creating noisy uproars and disturbing the proceeding of the House. Sometimes their behaviour becomes so discomforting that the speaker is compelled to adjourn the House. The precious time of the House, which may have been utilized in constructive debates, is lost. It is high time that the speaker is empowered to penalize members for interrupting the proceedings of the House.
4. Arif wanted to know that if ministers propose 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?
Ans: In the light of the above question, we can say that in a parliamentary form of government it is necessary to get the government bills passed. Otherwise the government will collapse, because the executive is accountable to the Lower House. If a bill introduced by the minister does not succeed to be passed in Lok Sabha that means the party or the coalition of parties in power has lost the majority in the Lok Sabha and hence the government has to resign.
To avoid this condition the majority party on combine has to often get the government bills passed. But it does not mean that there is not any role of the parliament in the law-making process. A bill is introduced in either house of parliament in case of non-money bills and money bills are introduced in the Lok Sabha only. There can be different types of bills. When a non-minister proposes a bill it is called a private member’s bill. A bill proposed by the minister is called a government bill.
Even before a bill is introduced in the parliament, there may be a lot of debate on the need for introducing such a bill. If the members of the majority party or coalition of the parties see that the particular bill does not fulfill the needs of the people they can pressurize the government to withdraw the same bill but if the bill is in the interest of the people, the political party may pressurize the government to initiate the bill.
The bill has to go through different stages. A lot of discussion lakes are placed in the committees. In the third and final stage, the bill is voted upon. After passing the bill it is sent to the other House and it goes to the same procedure. The money bill can’t be denied by the Rajya Sabha. It can delay it for 14 days only. After 14 days the money bill is deemed to have been passed. The ordinary bill has to be passed by both the Houses. If there is a tussle between the two Houses, an attempt is made to resolve it through a joint session of parliament. But at all stages, the members of the parliament take part in the discussions. And thus the role of the parliament is most important in the lawmaking process.
5. Which of the statements do you agree with the most? Give your reasons?
(a) Legislators must be free to join any party they want.
Ans: When a legislator joins any other party leaving his own party this act is called defection. The anti defection amendment has not been able to curb defections. It has given additional powers to the party leadership and the presiding officers of the legislatures over the members. The presiding officer of a House is the authority who takes a final decision on the defection.
Such a person is disqualified and he loses his membership of the House. He is also disqualified from holding any political office. In all the three statements I most agree with the second statement, because the party leaders issue the party whip that if a member remains absent in the House on a particular day or if he votes against the instructions of the party then his membership of the party would be terminated.
Such type of Anti defection law has empowered the leaders of the party and the presiding officers. Thus the Anti defection law has contributed to the domination of the party leaders over the legislators. If a legislator is free to join any party he wants, then it will be against the will of the voters who have elected them.
According to the third option, detection 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 punishment would not be enough because his membership of the House would not be lost. Hence the second statement is the most suitable to be agreed upon.
6. 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 disturbances of the functioning of the House and walkout 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 position of Dolly and Sudha?
Ans: When we watch the live telecast of the proceedings of the parliament, we find that the members of the parliament of different parties often fight bitterly. Many times an impression is created that they are wasting the time and money of the nation. But the parliament is a debating forum. It is through debates that the parliament-performs all its important functions.
These discussions must be meaningful and in a peaceful manner. Due to the negligence of some of its members, the efficiency and effectiveness of the parliament is decreasing in recent times. Some of the members do not fulfill their duty honestly and due to their partisan behaviour they create uproars in the House.
According to Dolly’s view it is the evidence of decline of the Indian parliament because less time is spent in discussions and there is an increase in the disturbances of the functioning of the House, they sometimes use unparliamentary methods also to disturb the functioning of the House. But most of the members use their rights properly in the House. They take part in the debate in the House honestly and the function of the House is carried out smoothly and its dignity is maintained.
It is an era of coalition governments. These days, the members of parliament should behave properly and honestly. They have to restrain their own party members if they do the activities which create disturbances in the Smooth functioning of the parliament. The presiding officers should also take effective action with regard to the misbehaving members in the House. All political parties should educate the members belonging to them above the need for a restrained and constructive behaviour in the Houses. In a parliamentary democracy, the legislature, as a body representing the wishes of the people, occupies a high position of power and responsibility. Herein lies the democratic potential of the parliament.
7. Arrange the different stages of passing of a bill into a law in their correct sequence:
(a) A resolution is passed to admit the bill for discussion.
(b) The bill is referred to the president of India to write what happens next if she/he does not sign it.
(c) The bill is referred to other House and is passed.
(d) The bill is passed in the house in which it was proposed.
(e) The bill is read clause by clause and each is voted upon.
(f) The bill is referred to the sub committee. The committee makes some changes and sends it back to the house for discussion.
(g) The concerned minister proposes the need for a bill.
(h) Legislative department in ministry of law, drafts a bill.
(i) Legislative department in ministry of law, drafts a bill.
Ans: Correct sequence of passing a bill:
(a) Legislative department in the ministry of law draft a bill.
(b) The concerned minister proposes the need for a bill.
(c) A resolution is passed to admit the bill for discussion.
(d) The bill is referred to the sub committee. The committee makes some changes and sends it back to the house for discussion.
(e) The bill is read clause by clause and each is voted upon.
(f) The bill is passed in the house in which it was proposed.
(g) The bill is referred to other house and is passed.
(h) The bill is referred to the president of India. The assent of the president results in the enactment of a bill into a law. But if the president does not sign it, he can withhold or refuse to give assent to the bill (other than Money Bill) passed by the parliament. The president can send the bill back to the parliament asking it to reconsider the bill.
But in case the parliament passes it again then the president has to give his/her assent to that bill. But there is no limit of time to send the bill back to parliament for reconsideration. And the president can just keep the bill pending with him without any time constant.
8. How has the system of Parliamentary Committee affected the overseeing and appraisal of legislation by the parliament?
Ans: Since the parliament meets only during sessions, it has very limited time at its disposal. But to make laws it is necessary to consider a bill in depth and therefore more attention and time should be given. It is done by the parliamentary committees. Since 1983, India has developed a system of parliamentary standing committees. There are over twenty such departmentally related committees.
Joint parliamentary committees are also doing the needed works for the purpose of discussing a particular bill. Business advisory committee, committee on private member’s bills, select committee, the estimates committee, the public accounts committee and committees on privileges, rules committee and some other committees exist in the parliament. The committee system has reduced the burden on the parliament, Many important bills have been referred to committees and there, a large part of the discussion takes place.
Amendments to the bill can also be proposed at this stage. The committees try to gather full information regarding that bill and can ask any member to appear before it. The recommendation of the committee is sent to the House. After that, on the basis of the report submitted by the committee, general discussion on the bill takes place in the House. The supporters of the bill give arguments in its favour while those who are opposed to the bill point out the defects of the bill before the House and recommend its modification of rejection.
The parliament has merely approved the work done in the committees with few occasional alterations. The parliament is the supreme law making body footrace legally speaking, no bill can become law and no budget will be sanctioned unless approved by the parliament. But the parliament rarely rejects the suggestions made by the committee.
9. Discuss the powers and functions of the Rajya Sabha.
Ans: The main powers and functions of the Rajya Sabha are discussed in the following heads:
(i) Legislative Power: The Rajya Sabha enjoys equal powers with the Lok Sabha in the sphere of ordinary law making. An ordinary bill can be introduced in the Rajya Sabha and it can’t become a law unless and until the Rajya Sabha approves it. Any bill relating to the subjects of the union List, concurrent List or Residuary powers, provided it is not a Money Bill can be introduced in the Rajya Sabha.
(ii) Financial Powers: In the financial sphere the position of the Rajya Sabha is very weak as compared to the Lok Sabha. A Money Bill can be introduced only in the Lok Sabha. A Money Bill passed by the Lok Sabha goes to the Rajya Sabha for its consideration. If within a period of 14 days, the Rajya Sabha fails to pass the bill, it is taken to have been passed by the parliament irrespective of the fact that Rajya Sabha has not passed it.
(iii) Executive Powers: According to the Art. 75 of the constitution “the council of Ministers shall be collectively responsible before the Lok Sabha.” The Lok Sabha can cause the exit of the council of Ministers by passing a vote of no-confidence. The members of the Rajya Sabha can check the ministers by seeking information regarding their work, criticizing the policies adopted by them, by asking questions and supplementary questions and by moving the adjournment motions.
(iv) Amendment Powers: Any constitution Amendment Bill can be introduced in either of the two Houses of the parliament. Each House has to pass an Amendment Bill in identical terms and with stipulated majorities as laid down by Art 368 of the constitution.
(v) Electoral Powers: The elected members of the Rajya Sabha along with the elected members of the Lok Sabha take part in the election of the president and vice president of India. Members of the Rajya Sabha also elect a Deputy chairman from amongst themselves.
(vi) Judicial Powers: The Judicial Powers of the Rajya Sabha are mentioned as under-
(a) The Rajya Sabha acting along with the Lok Sabha can impeach the president on charges of violation of the constitution.
(b) It can pass a special address for causing the removal of a judge of the supreme court or High Court.
(c) The charges against the vice president can be leveled in the Rajya Sabha only.
(d) It can pass resolutions for the removal of some high officers like the Attorney General of India, Comptroller and Auditor General, Chief Election Commissioner etc.
(e) Miscellaneous Powers: Besides the powers given above the Rajya Sabha performs jointly with the Lok Sabha the following functions-
(i) Approval of the ordinances issued by the president.
(ii) Ratification of an emergency proclamation.
(iii) Changes the jurisdiction of the supreme court and the High courts and
(iv) changes in the qualifications for the membership of the Lok Sabha and the Rajya Sabha.
10. Discuss the powers and function of the Lok Sabha of union parliament.
Ans: The powers and functions of the Lok Sabha can be discussed under the following heads:
(i) Legislative powers: An ordinary bill becomes law only after it has been passed by both the Houses of parliament. It can be introduced either in the Lok Sabha or in the Rajya Sabha. When it is passed by one House it is sent to the other House. After it has secured the approval of both the Houses it becomes a law after the signature of the president.
(ii) Executive Powers: The council of Ministers are responsible before the Lok Sabha for all its acts of omission and commission. The Lok Sabha can remove the ministers from office by passing a vote of no confidence against them.
(iii) Financial powers: The Lok Sabha has a superior position in the financial matters because all bills relating to finances can only be introduced in it. After being passed by the Lok Sabha, the Money Bills go to the Rajya Sabha for a maximum period of 14 days. After passing the bill by both the Houses, it was sent to the president for his assent.
(iv) Judicial Powers: The impeachment proceedings can be taken up against the president in either of the two Houses of parliament. It also investigates the charges prepared by the Rajya Sabha against the vice president of India. It can also jointly pass a special address to the president for the removal of some high officers of the state like the Attorney General, the chief Election Commissioner, the comptroller and Auditor General of India and judges of the Supreme court and High courts.
(v) Electoral Functions: The elected members of the Lok Sabha take part in the election of the president and the vice-president of India. The members of the Lok Sabha also elect a speaker and a Deputy Speaker from amongst themselves.
(vi) Amendment Powers: The constitution Amendment Bill can be introduced in either House of parliament. The Lok Sabha and the Rajya Sabha can together amend all articles of the constitution, with the exception of these which require a special approval by one half of several state legislatures.
(vii) Approval of Declaration of Emergency: The constitution of India empowers the president to declare three types of emergency. But each such declaration of emergency has essentially to be approved by both the Houses within a stipulated period.
(viii) Some other powers of Lok Sabha: Along with the above mentioned powers, the Lok Sabha also performs several other functions-
(a) Approval of the ordinances issued by the president.
(b) Change of the boundaries of the states, creation of new states and changes in the name of a state.
(c) Changing the jurisdiction of supreme court and high courts:
(d) Changing the qualifications of the members of the parliament and state Legislature.
(e) Revising the salary and allowances of the members of the parliament.
The setting up of a joint public service commission of the members of parliament.
After studying the powers and functions of the Lok Sabha, we come to a conclusion that the Lok Sabha is a very powerful House. As a directly elected, national representative House the Lok Sabha really represents the sovereignty of the people in India.
11. Describe the various steps in the life of a Bill before it becomes an Act.
Or
Describe the law-making procedure in India Parliament.
Ans: Procedure of passing an ordinary Bill in the Indian Parliament-An ordinary or Non-Money Bill deals with general welfare of the community. An ordinary bill may be introduced either by a minister or by a private member. In the former case it is known as a Government Bill and in the latter case it is known as a private Member’s Bill. A Government Bill and private Member’s Bill undergo identical procedures. Every bill has to pass through the following stages-
(i) Introduction of the bill and its first reading: This stage covers introduction of the bill and its publication in the gazette of India. A request for introduction along with the statement of objects and reasons is sent to the presiding officer. If a private member desires to introduce a bill, he must give notice of his intention to the presiding officer. Every bill introduced in the House has to be published in the gazette on the appointed date, the ministers or member in charge of the bill moves the motion for permission to introduce the bill and read out the title.
At this stage generally no debate takes place and the presiding officer puts the bill to vote. The House grants leave by voice vote. Sometimes there is opposition to the introduction of the Bill. In this case the presiding officer may ask the member in charge to make a brief explanatory statement in favour of the bill. After the permission of the speaker/chairman, the bill is published in the Government Gazette as the first stage in the passage of the bill.
(ii) Second Reading: After the consideration of the bill, the date for its second reading is fixed by the House on the fixed date, mover of the bill may propose any of the following alternatives-
(a) The bill may be referred to a select committee of the House.
(b) The bill may be taken up for consideration.
(c) The bill may be circulated for the purpose of eliciting public opinion. At this stage, only the main principles involved in that bill are discussed; detailed discussion on the bill is not held.
(iii) Committee stage: After the second reading the bills are sent to the committee for its consideration. The House appoints a select committee to consider the bill. It consists of the mover of the bill and a few other members. If the Deputy speaker is a member of the committee he automatically becomes its chairman.
Since the membership of the committee is small-it varies from 20 to 30 members and its members are experts in the field, the bill is thoroughly and minutely examined in the committee. The committee tries to gather full information regarding that bill and can ask any member to appear before it.
(iv) Report Stage: It is necessary for the committee to submit its report within three months or any other time fixed by the house for the purpose. The chairman or any other member authorized by the committee submits the report on the appointment date. The report is published and its copies are distributed among the members of the House. After that, on the basis of the report submitted by the committee, general discussion on the bill takes place in the House.
The supporters of the bill give arguments in its favour while those, who are opposed to the bill, point out the defects of the bill before the House and recommend its rejection. There is a clause by clause discussion on the bill. After the discussion, voting takes place. If the majority votes in favour of the bill it is passed in the report stage otherwise it is rejected.
(v) Third Reading: It is the last stage in the passage of the bill by a House. At this stage, no substantial changes in the bill are made and only amendments to remove some ambiguities of language are allowed. Then the bill is put to vote. If it is passed by majority of members present and voting, it is so declared by the speaker or the chairman, as the case may be. He then certifies that the bill has been passed in the House – and then it is sent to the other House.
(vi) The Bill in the other House: After a bill is passed in one House, it is sent to the other House. Here also the bill again goes through all the stages which it has undergone in the first House. If the bill is passed in the other House, it is sent to the president for his signature. After the president’s assent, the Bill becomes an Act or law.
12. Describe the procedure of election, powers and position of the speaker of Lok Sabha.
Ans: Election of the speaker: To preside over the meeting of the Lok Sabha, one person is elected by its members as a chairman in its first meeting after the general election. The speaker is normally elected unanimously. The leader of the majority party proposes the name of the speaker after consulting the leader of the opposition parties. The election to the office of the speaker takes place only if the majority party and other parties disagree over the issue.
Powers and functions: The speaker of the Lok Sabha performs the following important functions.
(i) The speaker presides over the meetings of the House and conducts its proceedings. He also presides over the joint sitting of the two Houses.
(ii) The speaker maintains discipline in the House. He can suspend a member, whom he finds guilty of violating the discipline and decorum from the House for a definite period of time.
(iii) The speaker fixes the agenda of the meetings of the House. He allocates time for different kinds of business in the House.
(iv) To ask different types of questions from the members, the permission of the speaker is required. He finally decides and allows the asking of questions in the House.
(v) The speaker conducts the business of the House. He can warn the members against the use of unparliamentary language and can order the same to be expunged from the record.
(vi) The speaker can adjourn the meetings of the House if the quorum of the House is not complete.
(vii) Whether a bill is a Money Bill or not, the decision is made by the speaker. Such a decision is final and it can’t be challenged.
(viii) He has the power to interpret rules, for conducting the business of the House.
(ix) He has the power to give approval for the introduction of Bills.
(x) In case of a tie over any bill he can exercise his casting vote.
(xi) The members of the House enjoy several privileges which are protected by the speaker.
(xii) The speaker who acts as a link between the president and the parliament.
(xiii) The speaker plays a major role as to control the visitors’ galleries.
(xiv) The speaker plays an important role in the composition of the different committees of the House.
(xv) The speaker has several administrative responsibilities. He has the final control over the Lok Sabha Secretariat.
A detailed study of powers and functions of the speaker leads us to the conclusion that the speaker enjoys a position of respect and dignity.
13. Discuss the composition, powers and functions of a State Legislative Assembly.
Ans: Composition: The constitution provides that the Legislative Assembly of each state shall consist of not more than 500 and less than 60 members. According to 36th Amendment Sikkim was made a full-fledged state and members of Sikkim Legislative Assembly cannot be less than 30. The total strength of a State Legislative Assembly depends upon the population of the state.
Those eligible to vote must be (a) Citizen of India (b) must have completed the age of 21 years (c) must have been otherwise disqualified. The constitution also makes provision for the reservation of seats for the scheduled castes and tribes. It is to give special representation to them.
However, elections of the members of the scheduled caste and tribes are also held on the basis of a joint electorate. Provision for the nomination of members belonging to the Anglo-Indian community has also been made in the constitution. The Orissa Legislative Assembly has 22 seats reserved for the Scheduled Caste and 34 for the Scheduled Tribes. This reservation is to continue up to 2026 after the ninety one amendment of the constitution.
Powers: The Legislative Assembly has the powers to make laws on all subjects contained in the state list. Those subjects are within the exclusive jurisdiction of the State Legislative Assembly.
Legislative Powers: The Legislative Assembly can make laws on the subjects mentioned in the state list and concurrent list. If there is only one chamber of the Legislature, the Bill after being passed by this chamber is sent to the Governor for his assent. If there are two chambers of the Legislature the Bill after having been passed by a chamber is sent to the second chamber is that to the Governor of the state for his assent.
The second chamber Council can delay the passage of the Bill at the most for one month. The Governor can veto a Bill once but if passed by the Legislature for the second time the Governor will have to give his assent.
Financial Powers: Money Bill can only be introduced in the Legislative Assembly. The Legislative Assembly exercises committee control over the finances of the state. The Governor cannot refuse to give his assent to the Money Bill. During emergency limitation can be imposed on the financial powers of the Governor.
Executive Power: The State Executive is responsible to the Legislative Assembly for all its actions and policies. The leader of the majority party in the Legislative Assembly is appointed as the Chief Minister of the state. Most of the Ministers are taken from the Legislative Assembly. The members of the Legislative Assembly can ask questions to the Ministers and they are to give satisfactory answers to these entire questions.
The Legislative Assembly can reject an important Bill of the cabinet or by decreasing the salary of the Ministers or by passing a vote of no. confidence against the ministry to remove it from office.
Electoral Functions: The members of the Legislative Assembly participate in the election of the President of India. The members of Rajya Sabha are elected by the state Legislature. It elects its own Speaker and Deputy speaker.
Creation or the abolition of the Legislative Council: The Legislative Assembly by passing a resolution by two third majority of the members present and voting can request the Union Parliament for the creation of the abolition of the Legislative Council in the state. It is merely a request to the Union parliament and the Union parliament is not bound to accept the request.
14. Mention four special circumstances under which the Parliament can legislate over State subjects.
Ans: In certain conditions parliament can legislate on State subjects.
There are discussed below:
(a) According to Art. 249 of the Constitution, if the Rajya Sabha passes any of the subjects of the state list with 2/3 majority of the present and eligible voters of the House, declaring the subjects to have national importance, on that subject parliament acquires the power to legislate i.e. to make laws. This can be implemented for one year. If Rajya Sabha wants, the term of one year can be increased to one more year.
(b) According to the 7th Schedule of the Constitution, parliament makes law. If in any way states are related to this law or any state has implemented laws on the same subject, then the law by the parliament will be implemented.
(c) According to Art. 353 of the Constitution, if in the whole country or in any part of it, emergency is declared, (Art. 352(1)) then parliament acquires the power to make laws regarding the subjects mentioned in all the lists including state lists for the whole of the country or a part of it. The same arrangements are implemented when an emergency is declared under Art. 356.
15. Explain four functions of the Parliament of India.
Ans: Functions of the Parliament of India:
(a) Legislative Functions: The Parliament makes laws on all subjects listed in the Union List. It can also make laws on subjects listed under the Concurrent List. In case there is any conflict or overlapping in the provisions existing in the Union and State enactment, the Union law prevails. In cases when an emergency has been declared, the Union Parliament can also make laws on subjects that fall within the State List.
(b) Financial Control: Union Parliament has exclusive powers to provide ways and means through which revenue has to be raised for public services. To that end it imposes taxes and also ensures that the money sanctioned for expenditure to various departments of the government has been spent for the authorized purposes.
(c) Constitutional Functions: The power to amend the Constitution vests with the Parliament. Constitutional amendments have to be passed by each house by a majority of total membership as well as by two-third majority of members present in voting. In some cases amendments need ratification from half of the Legislative assemblies of the States.
(d) Elective functions: Elected members of the Rajya Sabha and the Lok Sabha Constitute the Electoral College for the election of the Vice-President. Along with elected members of the State Legislatures they form the Electoral College for election to the office of the President. The Parliament can also by legislation create new States or make changes in the existing boundaries of the States.
Notes of AHSEC Class 11 Political Science Chapter 5 | English Medium Class 11 Political Science Notes In this post we will explain to you Class 11 Political Science Chapter 5 Question Answer | AHSEC Class 11 Political Science Question Answer Unit 5 If you are a Student of English Medium then it will be very helpfull for you.
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