1st PUC Political Science Question Bank Chapter 6 Legislature

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Karnataka 1st PUC Political Science Question Bank Chapter 6 Legislature

1st PUC Political Science Legislature One Mark Questions and Answers

Question 1.
What is the root word of parliament?
Answer:
The French word ‘parlor’ is the root word of parliament.

Question 2.
State the primary function of the legislature.
Answer:
Framing of law is the primary function of the legislature.

Question 3.
Which are the two houses of the Indian Parliament?
Answer:
Lok sabha and Rajyasabha.

Question 4.
Name the two houses of the United Kingdom.
Answer:
House of Lords and House of Commons.

Question 5.
Who is an integral part of the Indian Parliament?
Answer:
President is an integral part of the Indian parliament.

Question 6.
Who summons the parliament of India?
Answer:
The President summons the Parliament of India.

Question 7.
Who can promulgate ordinance?
Answer:
President can promulgate an ordinance.

Question 8.
What is the maximum gap between two sessions of parliament?
Answer:
6 months is the maximum gap between two sessions of parliament.

Question 9.
Which lists are followed by the parliament to make laws?
Answer:
Union lists are followed by the parliament to make laws.

Question 10.
Who presides over the joint sitting of the two houses?
Answer:
President presides over the joint sitting of the two houses.

Question 11.
Which is popularly elected house of Indian parliament?
Answer:
Lok Sabha is a popularly elected house of Indian parliament.

Question 12.
Who presides over the proceeding of the Loksabha?
Answer:
Speaker presides over the proceeding of the Loksabha.

Question 13.
Who elects the speaker of Lok Sabha?
Answer:
Members are Lok Sabha elects the speaker of Lok Sabha.

Question 14.
What is the strength of Lok Sabha?
Answer:
The strength of Lok Sabha is 543 + 2.

Question 15.
How many seats are reserved for the Union Territories in Lok Sabha?
Answer:
Under article 81, not more than 20 Lok Sabha members represent the Union Territories.

Question 16.
How many members of the Anglo-Indian community can be nominated to Lok sabha? or How many nominated members are there in Lok Sabha?
Answer:
2 members represent by Anglo-Indian Community.

Question 17.
What is the term of a Loksabha member? or What is the normal tenure of the Lok Sabha?
Answer:
5 years.

Question 18.
When the term of the Lok Sabha can be extended?
Answer:
During the National emergency, the term of the Lok Sabha can be extended.

Question 19.
Where the money bill is introduced?
Answer:
The money bill is introduced in Lok Sabha.

Question 20.
What is the total strength of the Rajya Sabha?
Answer:
The total strength of the Rajya Sabha is 250.

Question 21.
How many members are nominated by the President to Rajya Sabha?
Answer:
12 members are nominated by the President to Rajya Sabha.

Question 22.
Who presides over the Rajya Sabha?
Answer:
The Vice president presides over the Rajya Sabha.

Question 23.
What is the tenure of the members of the Rajya Sabha?
Answer:
The tenure of Rajya Sabha is 6 years.

Question 24.
Which union territory does not have representation to the Rajya Sabha?
Answer:
Lakshadeep does not have representation to the Rajya Sabha.

Question 25.
Which house of the parliament has exclusive power to create new All India services?
Answer:
Rajya Sabha can create new All India services.

Question 26.
Which state has a maximum strength in Lok Sabha?
Answer:
Uttar Pradesh has maximum strength in Lok Sabha.

Question 27.
What is the term of members of the Legislative Assembly?
Answer:
The term of the legislative assembly is 5 years.

Question 28.
What is the term of members of the legislative council?
Answer:
6 years.

Question 29.
What is the maximum strength of the legislative council?
Answer:
The maximum strength of the council shall not exceed and 1/3^rd of the total members in the assembly.

Question 30.
Who dissolves Lok Sabha?
Answer:
President dissolves Lok Sabha.

Question 31.
What are the three organs of the government?
Answer:
Legislature, Executive and Judiciary.

Question 32.
What type of legislature is existing at the centre in India?
Answer:
Bicameral legislature.

Question 33.
Give the Meaning of legislature.
Answer:
The legislature is one that makes the laws. It expresses the will of the state.

Question 34.
What is the strength of Lok sabha?
Answer:
545.

Question 35.
What is the term of Rajya sabha?
Answer:
Rajyasabha is a permanent chamber in the term of office of the members in 6 years.

Question 36.
Who is the speaker of Lok sabha today?
Answer:
Meera Kumar.

Question 37.
Who is the chairman of Rajya sabha?
Answer:
The vice president of India Hamid Ansari.

Question 38.
Which state sends the largest number of representatives to Lok sabha?
Answer:
Uttar Pradesh.

Question 39.
What is the age limit to become a member of Lok sabha?
Answer:
25 Years and above.

Question 40.
Who is the Custodian of the finance of the country?
Answer:
Loksabha is the custodian of the finance of the country.

Question 41.
Explain the meaning of the theory of separation of powers.
Answer:
In this, all the 3 branches of government are separate and independent.

Question 42.
Who wrote the book “The spirit of laws”?
Answer:
French political thinker Montesquieu.

Question 43.
What are the functions of the legislature?
Answer:
Legislature is the law-making organ of government.

Question 44.
What is the other name for the legislature?
Answer:
Parliament.

Question 45.
Who elects the president of India?
Answer:
Electoral College.

Question 46.
Which house is called a permanent house?
Answer:
Rajya Sabha.

Question 47.
Who is the Presiding officer of the Rajya sabha?
Answer:
Vice President of India.

Question 48.
Give any other two names of Lok sabha.
Answer:
House of Representatives and lower house.

Question 49.
Who is the presiding officer of the Lok sabha?
Answer:
Speaker.

Question 50.
Name the presiding officer of the VidhanaSabha.
Answer:
Kagadu Thimmappa.

Question 51.
What is an amendment?
Answer:
It is a process of amending, altering or changing a Law.

Question 52.
Mention the stages involved in the legislative procedure.
Answer:
There are five stages and three readings.

1st PUC Political Science Legislature Two Mark Questions and Answers

Question 1.
What is the legislature?
Answer:
The legislature is the most important organ of government. It is the law-making organ of government. It expresses the will of the state.

Question 2.
Name the two houses of the American congress.
Answer:
The two houses are the House of Representatives the lower house and the Senate the upper house.

Question 3.
Which part of the constitution deals with the Indian Parliament?
Answer:
Part V of the constitution deals with the Indian parliament.

Question 4.
Write the qualifications to become a member of Loksabha.
Answer:

He must be a citizen of India.
He must not be less than 25 years of age.
Must be eligible as voters.
Must process any other qualification as may be prescribed by parliament.

Question 5.
Write the two important functions of the speaker.
Answer:

To preside over the session.
To maintain law and order in the session.

Question 6.
What are the functions of the Deputy speaker?
Answer:
To preside over the house and perform all the functions in the absence of the speaker.

Question 7.
What is the quorum of the house?
Answer:
To conduct the proceedings of the house 1/10^th of the attendance is essential. It is called a quorum.

Question 8.
Who can create or abolish the legislative councils of a state?
Answer:
Parliament can create or abolish the legislative councils by the recommendation of the concerned state Assembly.

Question 9.
What are the electoral powers of the Vidhan Sabha?
Answer:
Electing the president and speaker of the assembly is the electoral power of the Vidhan Sabha.

Question 10.
Who dissolve the legislative assembly?
Answer:
Governor dissolve the legislative assembly.

Question 11.
Mention the three types of legislative proceedings.
Answer:

First Reading
Second Reading
Third Reading.

Question 12.
What are the responsibilities of the joint sitting of the house?
Answer:
In case of disagreement between the two houses on a matter of legislation, it is resolved by a Joint Sitting of both the houses presided over by the Speaker. In a Joint Sitting, Loksabha would emerge triumphant because the decisions are taken by a majority of the total number of members of both the house present and voting in which the numerical superiority of Loksabha prevails.

Question 13.
Write the two function of the speaker of the Vidhana Sabha.
Answer:

To preside over the session.
To maintain law and order in the session.

Question 14.
What are the qualifications of a member of Rajyasabha?
Answer:
Qualifications of members of the Rajyasabha:

Must be a citizen of India.
“Should have attained the age of 30 years.
Owe allegiance to the constitution.
Must not hold any office of profit under the Government – National, Regional or local.
Should not be insolvent or man of unsound mind.
Must not have acquired the citizenship of a foreign state.

Question 15.
Write the significance of the legislature.
Answer:
It is the most important organ of the government. The will of the state is expressed through the legislature. In modem representative democracy it acts as a mirror of the nation.

Question 16.
What type of legislature is existing in the centre in India?
Answer:
The legislature with two houses is called bicameralism. There will be upper and lower house. Different nations call the two houses by different names and the composition of house differs.

Question 17.
Write a note on the speaker of Loksabha?
Answer:
Speaker is the presiding officer of Loksabha the conducts all proceedings of Loksabha except the resolution which seeks his removal. He is the spokesman of the House.

Question 18.
Write a note on the Indian parliament.
Answer:
The constitution of India lays down that there shall be a parliament and two houses to known as the house of people (The Loksabha) upper house is Rajyasabha. In other words, we have a bicameral legislature in India.

Question 19.
Who summons the parliament of India?
Answer:
The president is empowered to summon each house of parliament to meet at such a time and place as he thinks fit. The time interval between two sessions of parliament should not be more than six months.

Question 20.
Mention the methods by which the legislature controls the executive.
Answer:
The legislature controls the executive by way of discussions and debates during the Question Hour, Adjournment Motion, Zero Hour, Cut motion. Call-attention motion etc. The soundest way of controlling the executive is by way of moving the No-confidence motion. If the executive fails to win the support of Lok sabha, they must step down.

Question 21.
What is an electoral college?
Answer:
The elected by the members of Loksabha and Rajyasabha along with the members of Legislative Assemblies of the states from the Electoral College.

Question 22.
Briefly explain the composition of Rajyasabha.
Answer:
Composition of the Rajyasabha:
The Rajyasabha consist of 250 members, of which 238 members are elected from the states through indirect elections by a single transferable vote. 12 members are nominated by the president from among those with special knowledge and experience in the field of art, literature, science, social service, etc.

Question 24.
Name the three sessions of the Indian parliament.
Answer:
The parliament meets in three sessions: the Budget session (February-May), the Monsoon session (July-September) and the winter session (November/December).

Question 25.
What is delegated legislation?
Answer:
The rules and the regulations made by the executive for the formulation and implementation of law in the parliament are called delegated legislation.

Question 26.
What is No-confidence motion?
Answer:
It is a resolution passed by the lower house of the legislature indicating loss or lack of faith in the Prime Minister and Council of Ministers. Hence the prime minister and his council will have to resign.

1st PUC Political Science Legislature Five Mark Questions and Answers

Question 1.
Write the meaning and significance of the legislature.
Answer:
Legislature is the most important institution in a democratic system of government. It is the law-making organ of the government. It brings the will of the people into laws. The importance of the legislature is increasing because the executive and judiciary have to work on the basis of the laws made by the legislature.

The legislature is the primary and most powerful organ of the government. It controls the executive especially in the parliamentary form of government. It sanctions the budget and controls the national finances. In a parliamentary system, the real executive is chosen from and is also controlled by it.

Question 2.
Write a short note on the Indian parliament.
Answer:
The constitution of India lays down that there shall be a parliament and two houses to be known as the house of people (The Loksabha) upper house is Rajyasabha. In other words, we have a bicameral legislature in India.

Question 3.
Write a briefly note on the composition of Lok Sabha.
Answer:
The members of Lok Sabha are elected by the people. All adult citizens unless disqualified for other reasons have the right to select their representatives. Qualifications to become the members are must be a citizen of the country and must have attained the minimum age fixed by the constitution. The term of office is five years. Speaker is the presiding officer. He is elected from among the members of the house.

Question 4.
Describe the composition of Rajya Sabha.
Answer:
In federal representation the state is important. In India, the members of the Rajyasabha are indirectly elected for 6 years but l/3^rd of them will retire every 2 years. The Rajyasabha has 250 members out of whom 12 are nominated by the president for their contributions to science, literature, art and social sendee. The remaining 238 members are indirectly elected by the state legislative assemblies through a system of proportional representation.

Question 5.
Discuss the powers and functions of Loksabha.
Answer:
1. Legislative functions:
The power of Loksabha extends to all subjects falling under the Union List and the Concurrent list. In case of emergency in operation, its power also extends to the State list as well. No bill can become a law without the consent of Loksabha. The Loksabha has equal powers of law-making with Rajyasabha except on financial matters where the supremacy of Loksabha is total.

In case of disagreement between the two houses on a matter of legislation, it is resolved by a Joint Sitting of both the houses presided over by the Speaker. In a Joint Sitting, Loksabha would emerge triumphant because tire decisions are taken by a majority of the total number of members of both the house present and voting in which the numerical superiority of Loksabha prevails.

2. Financial functions:
On financial matters, the supremacy of the Loksabha is total and complete. “One, who holds a purse, holds power,” said James Madison. By establishing its authority over the national purse, Loksabha establishes its authority over the Rajyasabha. It is expressly stated that the Money bill can originate only in the house of people. Regarding budget, Loksabha being a representative house enjoys total authority. Loksabha’s position on financial matters is such that the demands for grants are placed only before the Loksabha.

3. Control over the executive:
The Loksabha enjoys direct control over the executive because; the executive is directly responsible to the lower house and stays in office as long as it enjoys the confidence of the house. The Loksabha not only makes laws but also supervises the implementation. The lower house being a debating house, the members are free to seek information from the executive and raise questions and seek clarifications. The members can effectively seek information from the government by way of discussions and debates during the Question Hour (seek clarification), the Adjournment Motion (raises issues of national importance), the Zero Hour, the Cu motion, the Call-attention motion, etc. The soundest way of controlling the executive is by way of moving the No-confidence motion, if the executive fails to win the support of Lok sabha, they must step down.

4. Constituent functions:
The Loksabha shares equal powers in regard to amending provisions of the constitution. An amendment may be initiated either in the Rajyasabha or Loksabha and must be passed by a 2/3 majority in both the houses present and voting. The agreement of Rajyasabha is compulsory for the success of the constitutional amendment.

5. Electoral functions:
The Loksabha and Rajyasabha elect the highest constitutional- functionaries such as the President and the Vice-president. The President is elected by the members of Loksabha and Rajyasabha along with the members of Legislative Assemblies of the states. The Vice-president is elected by members of Loksabha and Rajyasabha.

6. Judicial functions:
The Loksabha acts as a judge in the impeachment of the President. Either house can prefer the charge of impeachment. If Rajyasabha prefers the charge, Loksabha investigates the charge and if it passes a resolution by a 2/3 majority of the total membership of the house. President stands impeached from the office. The Loksabha also sits in Judgement, along with the Rajyasabha, in removing high constitutional functionaries such as the Comptroller and Auditor General, The Chief Vigilance Commissioner, the Chief Election Commissioner, etc.

Question 6.
Explain the powers and functions of Rajyasabha.
Answer:
1. Legislative functions:
On legislative matters, the Rajyasabha enjoys powers with the Loksabha except in case of a Money Bill or Financial Bill. Non-money Bill can originate in Rajyasabha and must get a 2/3 majority in the House and then proceeds to the Loksabha. The approval of both Houses is essential for a bill to become a law. In case of disagreement between the two Houses on a bill, both the houses sit oh a joint sitting presided by the speaker and the deadlock is resolved by a majority of the total number of members of both the houses present and voting.

2. Financial functions:
On the financial front, the Rajyasabha virtually has no powers. The procedure to deal with Money bills clearly states that a Money bill or financial bill cannot originate in the Rajyasabha. The Rajyasabha may discuss and suggest changes but have no right to reject or amend a Money Bill. It is left to the Loksabha to accept or reject its recommendations. In case, the Rajyasabha does not send back a Money bill back to the Loksabha within 14 days from the date of receipt of the bill, the bill is deemed passed, in the original form, by both the Houses.

3. Control over the executive:
The Rajyasabha’s hold over the executive is very minimal because the executive is not directly responsible to the upper house. However, it can seek information, and make clarifications on various policy matters. On issues of national and local importance, the members can grill the executive during debates and discussions during the Question Hour, the Adjournment motion, the Zero Hour, the Cut-Motion. Call- attention Motion etc.

4. Constituent functions:
The Rajyasabha enjoys full powers with Loksabha in executing constituent functions. An amendment to provisions of the constitution can be initiated in either House of the parliament and must be passed by a 2/3 majority in both the Houses present and voting. If Rajyasabha does not pass an amendment bill, the amendment Bill stands defeated. In some special provisions apart from the 2/3 majority in both house of parliament and ratification by not less than 1/2 of the states is necessary.

5. Electoral functions:
The Rajyasabha shares the privilege of electing the highest constitutional functionaries, the President and Vice-president. The President is elected by an electoral college consisting of the members of parliament along with the members of the State legislative assemblies. The members of both the houses of parliament elect the Vice-president.

6.Judicial functions:
The impeachment move against the President may be initiated in either house of the parliament. If Loksabha prefers the charge, Rajyasabha investigates the charge and passes a resolution by a 2/3 majority of the total membership of the house, then the President stands impeached. There is no need for an impeachment against the Vice-president who may be removed by a resolution of Rajyasabha passed by the majority of its members and consented to it by Loksabha. The Rajyasabha also participates in the removal of the highest constitutional functionaries such as the Chief Election Commissioner, the Vigilance Commissioner, etc.

7. Miscellaneous functions:
The Rajyasabha performs other functions as well

By a resolution, Rajyasabha can create one or more All India Services.
Continuation of emergency beyond the specified time must come before the Rajyasabha and Loksabha.
Orders made by the President suspending enforcement of fundamental rights is required to be laid before the Rajyasabha and Loksabha.
According to Article 249, the Rajyasabha by a resolution can ask the parliament to legislate on certain subjects in the State list.

Question 7.
Discuss the financial powers of both the houses of Parliament.
Answer:
Financial functions are a very important function of the modem legislature. The national finances are controlled by the legislature. The legislature enacts the annual budget. The entire financial administration of the country comes under its general supervision direction and control.

Question 8.
Write a short note on the composition of the Vidhana Sabha.
Answer:
There is a legislative assembly for every state. The number of members depends upon the population of the state. But it can not have less than 60 and more than 500 members. The members are chosen by direct election by people of the state. The governor has been given the power to nominate one or two members of the Anglo Indian community legislative assembly is five years.

Question 9.
Write a short note on the composition of the Vidhana Parishad.
Answer:
The Composition of the legislative council is as follows:

1/3 – of the members are elected from the local bodies such as municipalities and district boards;
1/3 – of the members are elected from members of the Legislative Assembly;
1/12 – of the members are elected by the graduates from graduate constituencies.
1/12 – of the members are elected from teacher’s constituencies consisting of secondary- school, college and university- teachers; and
1/6- of the members are nominated by the Governor from the fields of science, art, social service, the co-operative movement, literature, etc.

Question 10.
Explain the powers and functions of Vidhana Sabha.
Answer:
1. Legislative Functions:
The Legislative Assembly is entitled to pass laws on all subjects that fall under the state list such as police, public health, education, local-self governments, etc. Without the consent of the Vidlianasabha, no bill can become a law. Though the Vidhanasabha is competent enough to make laws on subjects listed in the concurrent list along with the central legislature, if parliament passes a law contained in the concurrent list, the legislative assembly is not competent to pass a law on the same subject.

However, some bills require the previous permission of the President before they are introduced in the state legislature. In case of breakdown of constitutional machinery in a state or when the proclamation of emergency is in operation, parliament has the power of making laws on matters falling under the state list. In case of a conflict between state law and the law of the parliament, the law of the parliament shall supreme.

2. Financial Functions:
The Vidhanasabha enjoys total control over the finance of the state. No new tax can be levied or collected without the consent of the Vidhanasabha. The authority of the Vidhanasabha over Vidhanaparishad is strengthened by the fact that a Money bill or Financial bill can only originate in the Vidhanasabha and the Vdhanaparishad can at the most delay it by 14 days but cannot reject or amend the Bill. The annual income-expenditure statement of the year the Budget must get the approval of the Vidhanasabha. Every- year during March-April, the beginning of the financial year, it is the responsibility of the government to place the budget before the house and seek its approval.

3. Control over the Executive (Administration):
The Vidhanasabha enjoys direct control over the administration, as the executive is directly, collectively, responsible to the Vidhanasabha and remains in office as long as they enjoy the confidence of the house. The members of the house can seek information from the government through questions and supplementary questions. It is the responsibility of the ministers to clarify points raised by members and give a satisfactory explanation.

Any attempt to lie or mislead the house is considered an offence against the house punishable under Contempt of the House. The debating occasions such as the Question Hour, Adjournment motion, the Emergency Adjournment motion, the Zero Hour, the Cut motion, the Call-attention motion keeps the executive under constant check and tire executive must be alert and ready with answers. However, ministers can ask for time to answer questions. The most effective weapon in the hands of the Vidhana sabha is the No-confidence motion, which can bring down a government.

4. Electoral Functions:
The members of the Vidhana sabha along with the members of the parliament constitute an electoral college to elect the President of India. They also take part in electing the members of Rajyasabha and also of the members of Legislative council.

5. Constituent Functions:
The state legislative assembly takes part in amending a few constitutional provisions. The Assembly does not initiate any amendment to constitution neither does it has such powers. But ratification of at least not less than half of the State legislative assemblies is necessary1 for amending certain provisions of the constitution. For instance, if there has to be an amendment made to electoral procedure of electing president of India then it has to be ratified by 1/2 of the states, which in turn is done by state legislative assemblies.

Question 11.
Discuss the powers and functions of Vidhana Parishad.
Answer:
The powers and functions of the Vidhana Parishad are as follows:
1. Legislative functions:
No bill can become a law unless agreed upon by both the Legislative council and the Legislative assembly. Any bill other than a Money Bill can originate in the upper house. The lower house on passing a bill sends it to the upper house for consideration and recommendations.

If the upper house rejects the bill after keeping it with them for 120 days, the low er house can again send the bill. And if the Legislative council does not give approval the second time, the bill is deemed to have been passed by both the Houses of the state legislature.

If a Money Bill is not returned to the Vidhana sabha within 14 days of receipt of the bill, the bill is deemed passed by both the houses in its original form. On Financial matters, the Vidhana Parishad is sub-ordinate to the Vidhana Sabha. The Vidhana Parishad can only discuss the Budget but cannot make changes.

3. Control over the executive:
The influence of the Legislative council over the executive is minimal because the executive is directly responsible to the Legislative assembly. It has the right to seek necessary information and records for suggestions but cannot directly control the administration. The upper House can ask questions and supplementary questions during which ministers are duty-bound to provide satisfactory answers. The Vidhana Parishad can not initiate a motion of No-confidence to bring down the government as it is a nominated House.

Question 12.
Discuss the powers and functions of the speaker of the Loksabha.
Answer:
The presiding officer of Loksabha is the Speaker who is elected from among the members along with the Deputy Speaker and stays in office till the life of the House i.e., 5 years. His primary task is to protect the dignity and decorum of the House and to see that the proceedings of the House are conducted in an orderly and a focused manner. He is the principal spokesperson of the House and must be impartial and even-handed in dealing as the custodian of the House.

In order to ensure impartiality, the speaker resigns his party membership in the election. The Deputy speaker discharges the duty even the office of the speaker falls vacant due to resignation, death or removal by a 2/3 majority of the total membership of the House or in the absence of the speaker. The salary of the speaker is determined by the parliament from time to time. The Speaker’s position in the House is one of dignity and authority.

All orders of the house are executed through the Speaker
Communication from the President is made known through the Speaker.
It is the power of the speaker to declare whether a bill is a money bill or not.
He enjoys the authority of interpreting the Rules of procedure and has the power to vote except in case of a tie.
No member can speak in the House without the permission of the speaker and it is the speaker who fixes the time limit for speech.
He presides over the Joint sittings of the parliament.
During discussions, the members must address the Chair.
In case of a tie, the speaker has the right to cast a vote.
Speaker’s decisions cannot be questioned in a court of law.

Question 13.
Discuss the role of the ex-officio chairman of the Rajya Sabha.
Answer:
The presiding officer of the Rajyasabha is the Vice-President who acts as the ex-officio chairman of the Rajyasabha. He holds office for a period of 5 years and salaries and allowances are as determined by the parliament. The position of the Chairman is that of dignity and honour and his task is to see that the transaction of business is conducted with dignity and purpose. Smooth transaction of business and maintenance of order is the responsibility of the Chairman.

Question 14.
Explain the law-making procedure.
Answer:
A bill in order to become a law has to go through the law-making process. A bill, other than a Money bill, can originate in either house of the parliament before it goes to the President for assent. Non-money bill goes through three readings, involving five stages, in both the houses, before becoming a Law. A Bill may be moved by a private member called a Private Member bill or by a minister representing the Government called a Public bill. It is also called a Government bill.

1. The First Reading:
A minister or a member can introduce a bill with the permission of the Speaker. No formal debate or no speeches relating to contents of the bill are made at this stage. After the bill has been introduced, it is immediately published in the Gazette of the Government of India. Now. the First reading of the bill is complete.

2. The Second Reading:
At this stage, the concerned minister provides details such as the purpose, objectives, and background of the bill in general as well as specifics relating to various clauses, schedules, and amendments to take place. No corrections or amendments can be made at this stage and after detailed discussion, the bill is put to vote.

3. The Committee Stage:
At this stage, the bill is submitted to a Committee and the names of. the members of the Committee are published. The committee headed by a chairman examines the Bill and its provisions and discusses it clause by clause. In the process, it may ask for relevant information and suggest its own changes and modifications. And now, the report and the bill are published in the Gazette.

4. The Report Stage:
Based on recommendations made by the Committee, the bill goes through detailed discussions. Changes can be suggested at this stage and the Report Stage is the last chance for the members to make any amendments to the bill.

5. The Third Reading:
This is the formalization stage of the bill where general discussions about the concerned bill take place. At this stage, no formal amendments can be made except informal changes. Then the bill is put to vote. Though the bill is open tor rejection, even at this stage, it is not normally resorted to.

After completing five stages in the House from which it originated, say Rajyasabha, it goes to the loksabha and has to undergo the same procedure. After getting passed in both the houses, it goes for the acceptance of the President. In case the other house rejects the bill altogether, the president may call for a joint sitting of the parliament to resolve the deadlock (Article 108).

Question 15.
Write a brief note on the Legislative powers of the president.
Answer:
1. Legislative Functions:

The legislative functions are detailed below:
1. To summon, prorogue and dissolve the Parliament.

2. The President enjoys the power to address the Parliament. It is normally done after general elections or the first session of the year. It is generally called Presidential speech. This inaugural speech outlines the objectives and priorities of the government.

3. In passing the bills, if a deadlock arises due to non-agreement between two houses of the parliament, the President may call for a joint session of both the houses.

4. The President may address Lok sabha or Rajya sabha or both any time and also may send a message to both the houses of parliament to look into a bill.

5. In the considered view of the President, if he is satisfied that the Anglo-Indian com¬munity is not adequately represented, he may nominate 12 members to Rajya Sabha and 2 members to Lok sabha.

6. Prior permission of the President is essential while dealing with bills relating to the formation of new states, alteration of boundaries and some special bills like the finance bills.

7. No bill can become a law without the assent of the President. He enjoys the power to withhold a bill. This power is called ‘Veto power’. However, he cannot refuse his assent for finance bills. But he can withhold assent for a nonmoney bill. But if the same is resubmitted for signature even without changes, he cannot refuse to sign it.

8. The President enjoys the power of issuing Ordinance when the parliament is not in session. It will have the same power and effect similar to that of a law made by the Parliament provided the same is ratified by the Parliament within 6 weeks of its passage. Otherwise, it ceases to be a law and is considered null and void or zero.

Question 16.
Which is more powerful? State legislative assembly or state legislative council? Explain.
Answer:
The legislative council is a weaker chamber. It is not only the second but also the secondary chamber of the state legislature. Money bills must originate only in the legislative assembly. The council has no control over the ministry in the state.

Question 17.
What are the miscellaneous functions of the Rajyasabha?
Answer:
The miscellaneous functions of the Rajyasabha are:

By a resolution, Rajyasabha can create one or more All India Services.
Continuation of emergency beyond the specified time must come before the Rajyasabha and Loksabha.
Orders made by the President suspending enforcement of fundamental rights is required to be laid before the Rajyasabha and Loksabha.
According to Article 249, the Rajyasabha by a resolution can ask the parliament to legislate on certain subjects in the State list.

Question 18.
What are the functions of the legislature?
Answer:
1. Lawmaking: The legislature enacts new laws, amends old laws and repeals unwanted laws.

2. Deliberative: The Legislature conducts extensive discussions on matters of public importance, bills and the budget.

3. Formulates policies: The legislature formulates domestic and foreign policy.

4. Controlling the executive: The legislature controls both the political and administrative executive, through questions, resolutions, and motions. A no-confidence motion is to express a lack of faith in and to oust the government.

5. Financial control: To enact money bills and budgets.

6. Judicial: The judiciary can impeach the heads of state and the judges of the higher courts.

7. Constitutional: the legislature amends the constitution.

8. Electoral: It is part of the Electoral College that elects the head of the state.

9. Ventilation of grievances: The legislature is a forum of complaints and formation of public opinion.

Question 19. Briefly explain the importance of the legislature.
Answer:
The Importance of the legislature is:
The importance of Legislature has grown many-fold due to the ever-increasing role of government in the developmental activity. In present times, the role of the executive and judiciary cannot be imagined without legislature. That’s why Gilchrist has rightly observed thus: “The legislature is the preamble, executive the content and judiciary the conclusion”.

1. Lawmaking:
The Lawmaking the role of the legislature is so vital because even though the executive is strong, a wrong law passed by the legislature will have disastrous consequences. So, efficient lawmaking is essential and that task is handled by legislature. While making laws, it is important to evaluate the pros and cons of that legislation.

2. Determines the government:
In democracies, people elect a government of their choice from among competing political parties in elections, held periodically. Party or parties that secure majority support of the people form the government and others act as the opposition. The government is also called as “the ruling party or ruling coalition” continues as long as it enjoys the confidence of the legislature (lower house). If the government fails to secure a motion of no confidence it has to vacate the office. In India, parliamentary elections are held once in 5 years whereas in U.S.A, presidential elections are held once in 4 years.

3. Public platform:
The importance of legislature is reflected in its role serving as a public platform. The legislature consists of people’s representatives from different nooks and comers of the country representing various castes, religions, languages, customs, traditions, cultures and vivid socio-economic backgrounds. These representatives assemble in one place to discuss problems concerning people of the whole nation. So, legislature plays a key role in mirroring national sentiment.

Question 20.
Briefly explain the theory of separation of powers.
Answer:
The theory of separation of powers deals with the relationship between the three organs of government. This theory was put forward by Montesquieu, a French political thinker in his book “The spirit of the laws”. He suggested that the governmental powers must be separated between i.e., legislature, executive and judiciary, Montesquieu theory had a great influence on the US constitution.

1st PUC Political Science Legislature Ten Mark Questions and Answers

Question 1.
Describe the composition, powers, and functions of Loksabha.
Answer:
The members of Lok Sabha are elected by the people. All adult citizens unless disqualified for other reasons have the right to select their representatives. Qualifications to become the members are must be a citizen of the country and must have attained the minimum age fixed by the constitution. The term of office is five years. Speaker is the presiding officer. He is elected from among the members of the house.

The powers and functions of LokSabha are as follows
1. Legislative functions:
The power of Loksabha extends to all subjects falling under the Union List and the Concurrent List. In case of emergency in operation, its power also extends to the State list as well. No bill can become a law without the consent of Loksabha. The Loksabha has equal powers of law-making with Rajyasabha except on financial matters where the supremacy of Loksabha is total.

In case of disagreement between the two houses on a matter of legislation, it is resolved by a Joint Sitting of both the houses presided over by the Speaker. In a Joint Sitting, Loksabha would emerge triumphant because the decisions are taken by a majority of the total number of members of both the house present and voting in which the numerical superiority of Loksabha prevails.

2. Financial functions:
On financial matters, the supremacy of the Loksabha is total and complete. “One, who holds purse, holds power” said James Madison. By establishing its authority over the national purse, Loksabha establishes its authority over the Rajyasabha. It is expressly stated that the Money bill can originate only in the house of people. Regarding budget, Loksabha being a representative house enjoys total authority. Loksabha’s position on financial matters is such that the demands for grants are placed only before the Loksabha.

The members can effectively seek information from the government by way of discussions and debates during the Question Hour (seek clarification), the Adjournment Motion (raises issues of national importance), the Zero Hour, the Cu motion, the Call-attention motion, etc. The soundest way of controlling the executive is by way of moving the No-confidence motion, if the executive fails to win the support of Lok sabha, they must step down.

5. Electoral functions:
The Loksabha and Rajyasabha elect the highest constitutional functionaries such as the President and the Vice-president. The President is elected by the members of Loksabha and Rajyasabha along with the members of Legislative Assemblies of the states. The Vice-president is elected by members of Loksabha and Rajyasabha.

6. Judicial functions:
The Loksabha acts as a judge in the impeachment of the President. Either house can prefer the charge of impeachment. If. Rajyasabha prefers the charge, Loksabha investigates the charge and if it passes a resolution by a 2/3 majority of the total membership of the house. President stands impeached from the office. The Loksabha also sits in Judgement along with the Rajyasabha, in removing high constitutional functionaries such as the Comptroller and Auditor General, The Chief Vigilance Commissioner, the Chief Election Commissioner, etc.

Question 2.
Describe the composition, powers, and functions of Rajyasabha.
Answer:
In federal representation the state is important. In India, the members of the Rajyasabha are indirectly elected for 6 yrs but 1/3^rd of them will retire even. 2 yrs. The Rajyasabha has 250 members out of whom 12 are nominated by the president for their contributions to science, literature, art and social service. The remaining 238 members are indirectly elected by the state legislative assemblies through a system of proportional representation.

The powers and functions of Rajyasabha are as follows:
1. Legislative functions:
Oh legislative matters, the Rajyasabha enjoys powers with the Loksabha except in case of a Money Bill or Financial Bill. Non-money Bill can originate in Rajyasabha and must get a 2/3 majority in the House and then proceeds to the Loksabha. The approval of both Houses is essential for a bill to become a law.

In case of disagreement between the two Houses on a bill, both the houses sit on a joint sitting presided by the speaker and the deadlock is resolved by a majority of the total number of members of both the houses present and voting.

4. Constituent functions:
The Rajyasabha enjoys full powers with Loksabha in executing constituent functions. An amendment to provisions of the constitution can be initiated in either House of the parliament and must be passed by a 2/3 majority’ in both the Houses present and voting. If Rajyasabha does not pass an amendment bill, the amendment Bill stands defeated. In some special provisions apart from the 2/3 majority in both house of parliament and ratification by not less than 1/2 of the states is necessary.

There is no need for an impeachment against the Vice president who may be removed by a resolution of Rajyasabha passed by the majority of its members and consented to it by Loksabha. The Rajyasabha also participates in the removal of the highest constitutional functionaries such as the Chief Election Commissioner, the Vigilance Commissioner, etc.

7. Miscellaneous functions:
The Rajyasabha performs other functions as well as

By a resolution Rajyasabha can create one or more All India Services.
Continuation of emergency beyond the specified time must come before the Rajyasabha and Loksabha.
Orders made by the President suspending enforcement of fundamental rights is required to be laid before the Rajyasabha and Loksabha.
According to Article 249, the Rajyasabha by a resolution can ask the parliament to legislate on certain subjects in the State list.

Question 3.
Explain the composition, powers, and functions of Vidhana Sabha.
Answer:
There is a legislative assembly for every state. The number of members depends upon the population of the state. But it can not have less than 60 and more than 500 members. The members are chosen by direct election by people of the state. The governor has been given the power to nominate one or two members of the Anglo Indian community legislative assembly is five years.

The powers and functions of Vidhanasabha are as follows:
1. Legislative Functions:
The Legislative Assembly is entitled to pass laws on all subjects that fall under the state list such as police, public health, education, local-self governments, etc. Without the consent of the Vidhanasabha, no bill can become a law. Though the Vidhanasabha is competent enough to make laws on subjects listed in the concurrent list along with the central legislature, if parliament passes a law contained in the concurrent list, the legislative assembly is not competent to pass a law on the same subject.

However, some bills require the previous permission of the President before they are introduced in the state legislature. In case of breakdown of constitutional machinery’ in a state or when the proclamation of emergency is in operation, parliament has the power of making laws on matters falling under the state list. In case of a conflict between state law and the law of the parliament, the law of the parliament shall supreme.

2. Financial Functions:
The Vidhanasabha enjoys total control over the finance of the state. No new tax can be levied or collected without the consent of the Vidhanasabha. The authority of the Vidhanasabha over Vidhanaparishad is strengthened by the fact that a Money bill or Financial bill can only originate in the Vidhanasabha and the Vidhanaparishad can at the most delay it by 14 days but cannot reject or amend the Bill. The annual income-expenditure statement of the year the Budget must get the approval of the Vidhanasabha. Even year during March-April, the beginning of the financial year, it is the responsibility of the government to place the budget before the house and seek its approval.

Any attempt to lie or mislead the house is considered an offence against the house punishable under Contempt of the House. The debating occasions such as the Question Hour, Adjournment motion, the Emergency Adjournment motion, the Zero Hour, the Cut motion, the Call-attention motion keeps the executive under constant check and the executive must be alert and ready with answers. However, ministers can ask for time to answer questions. The most effective weapon in the hands of the Vidhanasabha is the No-confidence motion, which can bring down a government.

4. Electoral Functions:
The members of the Vidhanasabha along with the members of the parliament constitute an electoral college to elect the President of India. They also take part in electing the members of Rajyasabha and also of the members of Legislative council.

5. Constituent Functions:
The state legislative assembly takes part in amending a few constitutional provisions. The Assembly does not initiate any amendment to constitution neither does it has such powers. But ratification of at least not less than half of the State legislative assemblies is necessary for amending certain provisions of the constitution. For instance, if there has to be an amendment made to electoral procedure of electing president of India then it has to be ratified by 1/2 of the states, which in turn is done by state legislative assemblies.

Question 4.
Describe the composition, powers, and functions of Vidhana Parishad.
Answer:
The Composition of the legislative council is as follows:

1/3 – of the members are elected from the local bodies such as municipalities and district boards.
1/3 – of the members are elected from members of the Legislative Assembly.
1/12 – of the members are elected by the graduates from graduate constituencies.
1/12 – of the members are elected from teacher’s constituencies consisting of secondary school, college, and university teachers; and
1/6- of the members are nominated by the Governor from the fields of science, art, social service, the co-operative movement, literature, etc.

The powers and functions of the Vidhana Parishad are as follows:
1. Legislative functions:
No bill can become a law unless agreed upon by both the Legislative council and the Legislative assembly. Any bill other than a Money Bill can originate in the upper house. The lower house on passing a bill sends it to the upper house for consideration and recommendations. If the upper house rejects the bill after keeping it with them for 120 days, the lower house can again send the bill. And if the Legislative council does not give approval the second time, the bill is deemed to have been passed by both the Houses of the state legislature.

2. Financial functions:
The Legislative council does not enjoy any position of power on financial matters. It is expressly stated in the constitution that a Money bill or financial bill cannot originate in the upper house. The Vidhanasabha on passing a Money bill sends it to the Vidhana Parishad for its recommendations, but it is to the lower House to accept or reject the recommendations. The Vidhana Parishad can. neither correct nor amend a Money Bill. If a Money Bill is not returned to the Vidhana sabha within 14 days of receipt of the bill, the bill is deemed passed by both the houses in its original form. On Financial matters, the Vidhana Parishad is sub-ordinate to the Vidhana Sabha. The Vidhana Parishad can only discuss the Budget but cannot make changes.

3. Control over the executive:
The influence of the Legislative council over the executive is minimal because the executive is directly responsible to the Legislative assembly. It has the right to seek necessary information and records for suggestions but cannot directly control the administration. The upper House can ask questions and supplementary questions during which ministers are duty-bound to provide satisfactory answers. The Vidhana Parishad cannot initiate a motion of No-confidence to bring down the government as it is a nominated House.

Question 5.
What are the special powers of both the Houses of the Parliament?
Answer:
The Rajyasabha performs other functions as well as

By a resolution, Rajyasabha can create one or more All India Services.
Continuation of emergency beyond the specified time must come before the Rajyasabha and Loksabha.
Orders made by the President suspending enforcement of fundamental rights is required to be laid before the Rajyasabha and Loksabha.
According to Article 249, the Rajyasabha by a resolution can ask the parliament to legislate on certain subjects in State list. The Loksabha enjoys direct control over the executive because; executive is directly responsible to the lower house and stays in office as long as it enjoys the confidence of the house. The Loksabha not only makes laws but also supervises the implementation. The lower house being a debating house, the members are free to seek information from the executive and raise questions and seek clarifications.

The members can effectively seek information from the government by way of discussions and debates during the Question Hour (seek clarification), the Adjournment Motion(raises issues of national importance), the Zero Hour, the Cu motion, the Call-attention motion, etc. The – soundest way of controlling the executive is by way of moving the No-confidence motion, if the executive fails to win the support of Lok sabha, they must step down.

Question 6.
Explain the role, powers, and functions of the speaker of Loksabha.
Answer:
The presiding officer of Loksabha is the Speaker who is elected from among the members along with the Deputy Speaker and stays in office till the life of the House i.e., 5 years. His primary task is to protect the dignity and decorum of the House and to see that the proceedings of the House are conducted in an orderly and a focused manner. He is the principal spokesperson of the House and must be impartial and even-handed in dealing as the custodian of the House.

In order to ensure impartiality, speaker resigns his party membership on election. The Deputy speaker discharges the duty when the office of the speaker falls vacant due to resignation, death or removal by a 2/3 majority of the total membership of the House or in the absence of the speaker. The salary of the speaker is determined by the parliament from time to time. The Speakers’ position in the House is one of dignity and authority.

All orders of the house are executed through the Speaker
Communication from the President is made known through the Speaker.
It is the power of the speaker to declare whether a bill is a money bill or not.
He enjoys the authority of interpreting the Rules of procedure and has the power to vote except in case of a tie.
No member can speak in the House without the permission of the speaker and it is the speaker who fixes the time limit for speech.
He presides over the Joint sittings of the parliament.
During discussions, the members must address the Chair.
In the case of a tie, the speaker has the right to cast a vote.
Speaker’s decisions cannot be questioned in a court of law.

Question 7.
Explain the role, powers, and functions of the speaker of Vidhana Sabha.
Answer:
The presiding officer of Vidhana sabha is the Speaker who is elected from among the members along with the Deputy Speaker and stays in office till the life of the House i.e., 5 years. His primary task is to protect the dignity and decorum of the House and to see that the proceedings of the House are conducted in an orderly and a focused manner. He is the principal spokesperson of the House and must be impartial and even-handed in dealing as the custodian of the House. In order to ensure impartiality, the speaker resigns his party membership in the election.

The Deputy speaker discharges the duty when the office of the speaker falls vacant due to resignation, death or removal by a 2/3 majority of the total membership of the House or in the absence of the speaker. The salary of the speaker is determined by the parliament from time to time. The Speaker’s position in the House is one of dignity and authority.

All orders of the house are executed through the Speaker

Communication from the Governor is made known through the Speaker.
It is the power of the speaker to declare whether a bill is money bill or not.
He enjoys the authority of interpreting the Rules of procedure and has the power to vote except in case of a tie.
No member can speak in the House without the permission of the speaker and it is the speaker who fixes the time limit for speech.
During discussions, the members must address the Chair.
In case of a tie, the speaker has the right to cast a vote.
Speaker’s decisions cannot be questioned in a court of law.