ANSWER
The Legislature in India
SHORT-ANSWER QUESTIONS
1.The President, the Lok Sabha and the Rajya Sabha.
2.(a) Lok Sabha—552 (b) Rajya Sabha—250.
3.5 years.
4.Yes. The Lok Sabha may be dissolved before the expiry of its term by the President on
the advice of the Prime Minister. During national emergency, the life of the Lok Sabha
may be extended by the President beyond five years for one year at a time. The new
Lok Sabha must be elected within six months after the national emergency is lifted.
5.(i) The Rajya Sabha may declare by a 2/3 majority that the Parliament should make laws
on a certain matter of State List.
(ii) It may, by a resolution of 2/3 majority, create a new All-India service in the national interest.
6.Hindi and English.The member may use his mother tongue, if he/she cannot express
himself/herself in Hindi or English, with the prior permission of the presiding officer of the
House.
7.(a) Nominal rolls or lists of voters are called Electoral rolls.
(b) Area delimited for the purpose of election is called a Constituency.
8.Members of the Lok Sabha are directly elected by the people on the basis of adult
suffrage from single member constituencies throughout the country.
9.(i) Should be an Indian citizen, (ii) Should have completed the age of 25 years, (iii)
Should not hold an office of profit under any Government in India, (iv) Should not be
insane, (v) Should not be a declared insolvent.
10.545.
11.2; if the President feels that the Anglo-Indian community has not been adequately rep- resented.
12.12.
13.Members of the Rajya Sabha are elected indirectly by the elected members of the State
Legislative Assemblies. The representatives of the Union Territories are chosen in such
manner as Parliament may by law provide.
14.Members of the Rajya Sabha from the Union Territories (where Legislative Assemblies
do not exist) are elected by a special electoral college as provided by a law of Parlia
ment.
15.The seats are allotted on the basis of population.
16.Uttar Pradesh.
17.The oath may be administered by the President or some person appointed by him.
18.The Speaker is the presiding officer of the Lok Sabha and the Vice-President of India is
the ex-officio Chairman of the Rajya Sabha.
19.(a) The Speaker of the Lok Sabha is elected by the members of the Lok Sabha from
amongst themselves when a newly elected Lok Sabha meets for the first time.
. (b) (i) To conduct the proceedings of the House.
(ii) To protect the privileges of the Members of Parliament, (iii) To decide whether a bill is a Money Bill or a Non-Money Bill.
20.The Deputy Speaker.
21.The President of India on the advice of the Prime Minister.
22.By President, for resolving a deadlock between the two Houses of Parliament over a
Non-Money Bill.
23.The Speaker of the Lok Sabha.
24.Six months.
25.The right of the Members of Parliament to ask questions on the floor of the House from
the ministers regarding their ministry/department is called interpellation.
26.He will address his resignation to' the Presiding Officer of the House to which he belongs.
27.(i) If a member remains absent from the House for more than 60 days.
(ii) If he is disqualified under the Anti-Defection Act.
28.The switching over of political affiliation by a legislator from one political party to another.
29.A joint session of both the Houses of Parliament will be called and the issue will be
decided by the majority vote.
30.No.
31.By passing a vote of no-confidence against the Ministry or by rejecting a Money Bill.
32.(a) (i) Union List(ii) State List(iii) Concurrent List
(b) (i) Union List (ii) Union List (iii) State List
(iv) State List(v) Concurrent List (vj) Concurrent List
33.(i) A subject not mentioned in any of the three lists can be legislated upon only, by the
Union Parliament. This is called its Residuary Power.
(ii) If a State law on a subject in the Concurrent List comes into conflict with a law made by the Union Parliament on the same subject, then those sections of the State law which are in conflict with the Union law shall be invalid.
34.(i) Both Houses elect the President and the Vice-President,
(ii) Non-money Bills may originate in either House.
35.Money bills can be introduced in the Lok Sabha only. The Rajya Sabha gets only 14
days to pass the money bill. If it does not, it is considered to have been passed.
36.(i) During the operation of general emergency.
(ii) When the Rajya Sabha passes a resolution by a two-thirds majority that a subject on the State List has assumed national importance and should be legislated upon by the Union Parliament.
37.(i) Members of Parliament cannot be sued for anything said in Parliament.
(ii) A Member of Parliament cannot be arrested in a civil case during the session or meeting of the House or its Committees and fourteen days before and after the session or meeting.
(iii) In criminal cases he can be arrested outside Parliament but information regarding his arrest and subsequent release must be given to the Speaker or the Chairman as the case may be.
38.(i) To make laws for the nation.
(ii) To elect the President and the Vice-President. (iii) To supervise the working of the government, (iv) To ventilate the grievances of the people.
39.(i) Public Accounts Committee, (ii) Estimates Committee, (iii) Committee on Public Un
dertakings.
40.Quorum is the minimum number of members required to be present in the House before
it can conduct its business.
41.The quorum of the Lok Sabha is one-tenth of its membership.
42.It can be dissolved before the expiry of its normal term by the President on the advice of
the Council of Ministers.
43.Because the Rajya Sabha can never by dissolved and its 1/3rd members retire every
two years which maintains its continuity.
44.(a) Any proposal which deals with raising or spending public money is a Money Bill and
all other bills are Ordinary Bills.
(b) The Speaker.
45.A legislative proposal is called a Bill. A Bill duly passed by the legislature and assented
by the President is called an Act.
46.It is the annual financial statement of estimated receipts and expenditures of the Gov
ernment for the coming financial year.
47.Consolidated Fund of India.
48.The President addresses joint sitting of both the Houses at the beginning of first session
after each general election and at the beginning of the first session of each year.
49.(i) Members of Parliament ask questions to seek information from the government
about the policies and programmes and the government is duty-bound to give satisfactory response.
(ii) The Lok Sabha can also pass censure motion, adjournment motion and a motion of no-confidence if the members are dissatisfied with its working.
STRUCTURED QUESTIONS
50.In the context of the Speaker of the Lok Sabha, answer the following questions : —
(a)The manner of his appointment
Ans.—When the newly elected Lok Sabha meets for the first time, the members vote and choose one of the members as its Speaker.
(b)His powers and functions
(i) The Speaker presides over the meetings of the House. All speeches and remarks are addressed to him.
(ii) The Speaker decides the admissibility of the questions and motions in the House.
(iii) The Speaker decides whether a bill is money bill or an ordinary bill, (iv) The Speaker maintains discipline and decorum in the House.
(v) He allows the admission of visitors and media correspondents to the galleries of the Lok Sabha.
(vi) The Speaker also presides over the joint sitting of both the Houses of Parliament.
(vii) The Speaker also chalks out the time table and agenda of the House. -He decides disqualification of a member under Anti-Defection Act.
51.With reference to the powers of the Union Legislature, describe the following :
(a)its legislative powers
(i) The Parliament can make laws on all the subjects of union and concurrent lists.
(ii) The Parliament can make laws even on subjects of State List during an emergency.
(iii) When Rajya Sabha passes a resolution by a 2/3 majority that a subject of state list has assumed national importance, the Parliament may make laws on that subject.
(iv) All ordinances issued by the President must be laid before both the Houses for their approval.
(v) It makes laws on subjects not mentioned in any of the three lists.
(b)Its executive powers
The Parliament controls the Executive through :
(i) Asking questions and seeking information from the government about its policies and programmes.
(ii) The Parliament may pass motions like adjournment motions, censure motions, etc. to keep a check on the working of Ministers.
(iii) The Lok Sabha may pass a vote of no-confidence against the ministry and the entire ministry has to resign.
(c)Its financial powers
(i) The Parliament passes the budget which contains the estimates of income and expenditure of the government for the coming year.
(ii) The government cannot impose new taxes and change existing ones without the approval of Parliament.
(iii) The money sanctioned by the President must be placed before the Parliament and approved by it.
(iv) The salaries and allowances of the MPs and Union Ministers are determined by the Parliament.
52.With reference to the Lok Sabha, answer the following :
(a) its composition
The maximum strength of the Lok Sabha provided by the Constitution is 552. Out
of this 530 members represent the States and 20 represent the Union Territories. Two members are nominated by the President from among the Anglo-Indian Community if it has not been adequately represented. A specified number of seats are reserved for the scheduled castes and the scheduled tribes in the Lok Sabha.
(b)its tenure
The normal term of the Lok Sabha is five years, but it can be dissolved before the expiry of its normal term by the President on the advice of the Prime Minister. It can be extended for one year during emergency.
(c)vacation of seats
The seat of a Member in Parliament falls vacant in case of: (i) his resignation (ii) death (iii) long illness
(iv) absence from all meetings for a period of 60 days without permission, (v) on grounds of defection. 53. With reference to the Union Parliament, answer the following questions :
(a)Which House is considered to be more powerful—the Lok Sabha or the Rajya
Sabha? State the reasons to justify your answer.
The Lok Sabha is considered to be more powerful. Reasons for this justification are—
(i) Money bills are introduced only in the Lok Sabha.
(ii) In case of a deadlock between the two Houses over an ordinary bill, a joint session of the two Houses is called and the matter is decided by the majority votes of the two Houses voting together. In such cases the will of the Lok Sabha is more likely to prevail because the numerical strength of the Lok Sabha is more than that of the Rajya Sabha.
(iii) Lok Sabha alone can vote a ministry out of office.
(b)Mention four ways in which the Lok Sabha exercises control over the Council of
Ministers :
(i) Interpellation
(ii) Vote of no-confidence motion
(iii) Adjournment motion
(iv) Cut motion.
54. Although the Lok Sabha is more powerful than the Rajya Sabha, still the Rajya Sabha is a very important House. In this context, explain :
(a)Co-equal powers with the Lok Sabha
(i) Election of the President and the Vice-President
(ii) Constitutional amendments
(iii) Impeachment of the President
(iv) Removal of judges of the Supreme Court and High Courts
(v) Proclamation of Emergency
(b)Exclusive powers of the Rajya Sabha
(i) The proclamation of emergency is approved by the Rajya Sabha alone when the Lok Sabha is out of session or is dissolved.
(ii) The Rajya Sabha alone can declare any state subject to be of national interest.
(iii) The Rajya Sabha alone can declare the creation of New All India Services in national interest.