CHAPTER 5: Legislature NCERT SOLUTION CLASS 11TH POLITICAL SCIENCE | EDUGROWN NOTES

Short Answer Type Question:

Q1. 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 with Alok because leaving the whole task of government with Prime Minister and Ministers would hamper the essence of democracy. The task of the legislature includes law making. It is a complex process that requires the opinion of all sections of society. A legislature is required for this purpose. The legislature helps people to hold the council of ministers accountable, In the absence of legislature, council of ministers would become unresponsive to the people’s hopes and aspiration.

Q2. 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
• I do not agree with Neha. Bicameral legislature is necessary for a democratic country with large population and much diversity. Bicameral legislature helps in providing due representation to all sections of the society as well as the monopoly of either the chamber can be approached as ‘check and balance’.
• I agree with Shama that experts should be nominated into the second chamber as they can provide inputs on subjects that require technical knowledge and give rational suggestions for policy making.
• I do not agree with Tridib as federalism is not a pre-condition for having bicameral legislature.Even in a Unitary state, a second chamber is required. The second chamber is essential to serve as a check on hasty and unwise legislation passed by the lower chamber.

Q3. Why can the Lok Sabha control the executive more effectively than the Rajya Sabha can?
Answer
Lok Sabha exercises control over the executive more effectively than Rajya Sabha because it is a directly elected body. The Council of Ministers is responsible to Lok Sabha and not the Rajya Sabha.
• The Lok Sabha has the power to make laws, ask questions and amend the Constitution.

• The Lok Sabha can remove the government by expressing no-confidence but Rajya Sabha cannot remove any government.

• Lok Sabha has crucial power in controlling the finances as it can reject money bill but Rajya Sabha cannot reject the money bill.

Q4. 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 with the statement that rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations. The representatives of the people express the difficulties of the people of their constituencies. They draw the attention of the Government towards the grievances of the people. A debate on a particular bill takes place and opens the path for its modifications, etc. if required. The Parliament enjoys the powers to frame laws on the subjects given in the union list and concurrent list if required.

Q5. 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
• I agree with the above proposal that parliament should work for a longer period. There are a large number of issues that require debate and legislation and these are delayed sometimes because the parliament is not in session. To overcome this, the parliament needs to work for a longer time.
• I agree with this proposal as compulsory attendance would lead to presence of members for crucial decisions that require the support of majority. It would also encourage presentation of views across the political spectrum.
• I agree with this proposal as penalising members for interrupting the proceedings of house would lead to less wastage of time. This would also lead to less wastage of the tax payers’ money that is incurred to run the parliament.

Q6. 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 is an important component of the law making process even though most of the important bills are proposed by ministers because the provisions of the proposed law are required to be debated and these debates can only be conducted in parliament. The opposition also participates in the framing of laws by suggesting changes and thus, it is necessary for legislative procedure to take place in parliament. If, there are differences between the two houses, a joint session of parliament resolves the issues.

Q7. Which of the following statements 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 with the statement that defection is generally for selfish purposes. Hence a legislator who wants to join another party must be disqualified from being a minister for the next two years. Under 91st Amendment, if it is proved that a member has defected, then such member loses his membership of the House.

Q8. 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
Both the statement made by Dolly and Sudha are correct upto some extent. The time spent on debates has decreased and on many occasions, entire sessions of parliament have passed without discussions due to disruption by one party or the other. This has somewhat hindered the law-making process as many progressive legislations have been pending for a long period of time. However, the effectiveness of Parliament as an institution is undiminished as it remains the supreme law making body in the country.
The fall of different governments on the floor of the Lok Sabha reminds us that no government can afford to take its existence for granted. It has to be accountable for its actions. A government cannot survive by acting against the wishes of the majority of elected representatives. This has checked the large concentration of power in the Council of Ministers.

Q9. 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 – write what happens next if s/he does not sign it• The bill is referred to 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
1. The concerned minister proposes the need for a bill2. A resolution is passed to admit the bill for discussion3. Legislative department in ministry of law, drafts a bill4. The bill is referred to the subcommittee – the committee makes some changes and sends it back to the house for discussion5. The bill is read clause by clause and each is voted upon6. The bill is passed in the house in which it was proposed7. The bill is referred to other House and is passed8. The bill is referred to the President of India

Q10. How has the system of parliamentary committee affected the overseeing and appraisal of legislation by the Parliament?
Answer
• The system of parliamentary committee has influenced the overseeing and appraisal of legislation by the Parliament as most of decisions regarding the technical points of legislation are referred to these committees. The Parliament rarely rejects any of the suggestions made by the committee.
• These committees have reduced the burden of Parliament as they gather whole information on the bill and can ask any member to appear before it. After that committee sends its report, the Parliament debates on it as well as provide some necessary recommendations and approve it. This has diluted the Parliament’s appraisal of legislations to a large extent.

Long Answer Type Questions :

Q1.What are the powers and functions of the parliament?
Answer:
The parliament is Bi-cameral legislature consisting of two houses alongwith the President of India. It enjoys the following powers and functions.
Legislative Powers:

• To pass laws on the subjects given in the union list like foreign affairs, defence, war and peace, railway, etc.
• To pass laws on the subjects given in the concurrent list.
• The state legislature also have the same power on the subjects mentioned in the state list, but parliament also can pass

laws on these subjects in the following circumstances:

• If the council of states passes a resolution by 2/3 majority declaring a subject to be of national importance to be valid for one year only.
• If emergency is proclaimed for the whole country or any part thereof, the parliament can pass laws on the state list also. But such laws will come to an end to the extent of unconstitutionality, six months after the end of emergency.
• If emergency is proclaimed due to the failure of constitutional machinery in a state, the laws made by parliament during such an emergency shall cease to operate to the extent of incompetency, one year after the proclamation ends.

Financial Powers:

• To pass the budget
• No tax can be imposed without approval of parliament.
• No expenditure can be incurred without the sanction of parliament.
• The government has no authority to any change any amount of its own free will.
• The parliament has its, own committees to enquiry about the adequacy of the expenditure and estimate, etc.

3. Control over Executive:

• The ministers are responsible towards the parliament for their actions and policies.
• Parliament can draw the attention of the government towards serious problems and events through ‘Adjournment Motion’.
• Parliament can ask questions to the ministers and is supposed to get satisfactory responses.
• During budget, the parliament criticizes the policies of Government on the different departments of government.
• Parliament can enjoy ‘no confidence’ motion against the government or reject any government Bill or reduce the salary of any minister by a resolution. Hence, government has to resign.

4. Judicial Powers:

• To confer power of issuing writs and directions for any purpose other than the protection of fundamental rights on the Supreme Court of India.
• To confer some other powers also in the Supreme Court not to be against constitution, but essential for the performance of its duty.
• It may establish High Court in a centrally administered area as well as extend the empowerment or jurisdiction of a high court if required.
• It has the power to impeach against high dignitaries as the President, Judges of the Supreme Court, and High Courts.

5. Electoral Powers:

• The elected members of Parliament participate in the election of President with the elected members of Legislative Assemblies of the states.
• Parliament elects the Vice President.
• It elects the speaker.

6. Power to Amend Constitution:

• Parliament amends the constitution as per the Article 368.
• An amendment can be made only if it is passed by absolute majority or 2/3 majority of the members present and voting in both the houses separately.
• But approval of 50% states is required in addition to the procedure given above for amending the articles given in Article 368.

Q2.Describe the law-making procedure in the Parliament of India.
Answer:
An ordinary bill has to go through the various stages of law-making in the following manner:
Introduction or the first reading:

• A request for introduction along with objects and reasons is sent to the presiding officer.
• On the appointed data member-in-charge of the bill moves the motion for permission to introduce the bill.
• No debate takes place and the presiding officer puts bill to vote.
• Sometimes opposition takes place, the presiding officer asks to make a brief explanation of bill.
• After, the permission of speaker, the bill is published in the Government Gazette.

Second Reading:

• After the consideration, the data is fixed for the second reading.
• The bill may be referred to a select committee of house or
• The bill may be taken up for consideration or
• The bill may be circulated for the purpose of getting public opinion.
• Only main principles are discussed.

Committee Stage:

• A committee of 20-30 members is appointed to go through the bill thoroughly.
• Committee gathers full information on the bill and discuss its pros and cons.
• Committee can make some changes also in the bill at this stage.
• Committee can ask any member to appear before it.
• Committee consists of the mover of the bill and few other members.

4. Report Stage:

• Committee submits reports within three months or the period assigned by the house.
• The reports are published and its copies are distributed among the members of parliament.
• A discussion takes place by supporters and its opposers.
• After that, voting takes place and if the majority votes in favour, it is passed otherwise rejected.

5. Third Reading:

• It is the last stage, where no substantial changes are made, only some amendments are allowed.
• Then it is put to vote and if majority supports it, it is declared passed.
• The speaker or chairman, as the case may be, certifies that the bill has been passed in the house, and sends it to other house.

6. Bill in other House:

• In other house also, the bill goes through various stages like the first house.
• If the bill is passed, it is sent to the President for his signature to become an Act or Law.

Q3.Describe the procedure for election, position and powers of the speaker of a State Legislative Assembly.
Answer:
Election:

• The speaker presides over the meetings of the Assembly and is responsible for conducting the business of the house. The members of newly elected Legislative Assembly elect the speaker from amongst themselves.
• The speaker remains along with the tenure of Assembly and he remains in his office even if Assembly is dissolved, till the first meeting of the Assembly. He may resign, if he desires.
• He may be removed only by an absolute majority which requires 14 days’ notice at least.

Position:

• His office is one of the honour, dignity and authority.
• He presides over the meeting of the Assembly.
• He maintains the discipline of the house.
• He takes care of the privileges of the members.

Powers and functions:

• Presides over its meetings and conducts its proceedings.
• The motions are admitted by him for discussion.
• He maintains discipline in the house.
• He safeguards the privileges of the members of parliament.
• He may punish the members for a breach of discipline or he can expel them from the house or suspend them for sometime.
• He asks members to vote whenever required and announces the result.
• He enjoys the right to cast a vote in case of equality of votes.
• He certifies the Money Bills.
• He sends the bills forward, i.e. to the Governor or to Legislative Council as the case may be.

Q4.‘Rajya Sabha is less powerful than Lok Sabha’. Justify the statement.
Answer:
This statement can be justified by the following relationship between the two houses:
Ordinary Bills:

• Ordinary Bills can be introduced in either of the house.
• After one house passes it, it is sent to the other house for amendments in the bill or to reject it.
• If the other house passes the bill in the original form, it is sent to the President’s sanction.
• If two houses do not agree on the bill, a joint session of Parliament is called upon by the President under Article 108 of the constitution.
• The decision is taken on the majority basis and the voice of Lok Sabha prevails due to its numerical strength.

Financial Powers:

• Money Bills and Budget are originated only in the Lok Sabha.
• If the Lok Sabha passes a Money Bill, it is sent to the Rajya Sabha for amendment or recommendations.
• Rajya Sabha is supposed to return the Money Bill within 14 days and if within 14 days, it is not returned, it is considered to be passed by both the houses. id) It is up to Lok Sabha to accept the recommendations of Rajya Sabha or not.
• In case of disagreement of houses on money bill, no joint session is called upon.
• Hence, Lok Sabha enjoys absolute power over the finance of country.

3. Control over Executive:

• The council of ministers is responsible towards parliament for its policies and actions.
• Executive is answerable to the parliament only.
• Though Rajya Sabha can exert its influence on the Government in many ways but it cannot remove the government from its office. This power is exercised only by the Lok Sabha.
• Lok Sabha can exercise no confidence or reject a bill or money bill, hence government has to resign.
• Hence, government is supposed to be in touch with the Lok Sabha. Hence, it can be concluded that Lok Sabha is more powerful than Rajya Sabha.

Q5.Describe the amendment procedure of constitution.
Answer:
The constitution of India is partly rigid or partly flexible to make some necessary
amendments in the following manner:
By Simple Majority:
The Parliament of India has the power to amend the constitution by its own initiatives in following cases:

• Article 3 of the constitution brought out States Reorganization Act of 1956 to form new states or to change in the name of the states. These matters are carried out by simple majority of both the houses of Parliament on the desire of President.
• Under Article 169, the formation or abolition of second chamber can also be decided by a simple majority only.
• Article 240 provides the provisions on the good administration of the centrally administered territories, if amendment is required.

By Special Majority:

• Article 368 has the provisions for the process of amending constitution.
• Bill for such amendments can be introduced in either the house.
• If both the houses pass the bill with absolute majority or 2/3 majority of the members present and voting, it will be sent to the President for his signatures.
• All the subjects which are not mentioned in the first list and third list, can also be amended through this procedure only.

By a special majority along with the consent of the states: If an amendment is concerned with the subjects given in Article 368, it is supposed to be approved by 1/4 of the state Assemblies after being passed by both the houses with absolute majority or 2/3 majority of the members present and voting. But the amendment will come into force after it is signed by the president:

• Election of president and his removal
• Extent of executive power of union
• Extent of executive powers of states
• Union judiciary
• The high courts in the states
• High court for union territories
• Legislative relations between the center and the states
• The representation of states in parliament
• Lists of the VII schedule
• Article 368 itself

Q6.Mention the powers of the Lok Sabha and the Rajya Sabha.

Answer