Legislature Online Test 12th Political Science Lesson 2 Questions in English

Legislature is generally referred as the highest law-making body, having elected representation from all the constituents of the state to make or change the laws of the country.

In India, legislature at the Centre is called as Parliament and also referred as National Legislature. The legislatures in The State and the Union Territory are called Legislative Assemblies.

The Parliament consists two houses namely; House of the People (Lok Sabha – Lower House) and Council of States (Rajya Sabha – Upper House). This is known as bicameral system of Parliament.

Bicameral system of Parliament, has inspired by the British Parliamentary system and the bicameral system of the USA.

The States have Legislative Assembly and Legislative Council. But in many of the States only unicameral legislatures exist without any Legislative Councils.

The Union Territories are directly governed by the Union Government.

In India, the Parliament shares its law making function and responsibilities of implementation with 28 states as well as 8 union territories

The Parliament is known as Union Legislature or National Legislature, which is a supreme body of decision making and symbol of democratic governance. The Parliament is the most powerful platform with accountability for debating on the issues regarding welfare of the country and its people and enacting laws and making changes to the constitution.

When the Parliament meet for discussing various agenda and approving bills, motions with a scheduled meeting is called Session. The Parliament holds THREE sessions in a year.

It was passed by the Rajya Sabha in 2010 but has been stuck in the lower house for nine years. The Constitution (108th Amendment) Bill, commonly known as the Women’s Reservation Bill, needs to be approved by the Lok Sabha in order to become law.

Women members in the Rajya Sabha urged the Government to ensure the passage of the Women’s Reservation Bill in the Lok Sabha. The Bill, which proposes 33% reservation for women in Parliament and State legislatures

The Constitution (108th Amendment) Bill, commonly known as the Women’s Reservation Bill

It has important powers and functions called as legislative, financial, electoral.

Which of the followings are correct functions of parliament

1. The legislative powers are for executing laws
2. The financial powers are to prepare money bill

Also the parliament has electoral functions with regard to elect the President and the Vice President of India.

The Parliament has judicial function also on the matters of the proposals for the removal of the President, Vice – President, Judges of the Supreme Court and High Courts and the process of removal is called ‘impeachment’.

It is the duty of the President to summon the Parliament and must have not less than two

Every year, at commencement of the first session of the parliament, the President delivers his special address which would be the future course of action of the parliament in view of giving framework for new policies, programmes and initiatives of the government

The parliament of India has functions of legislation, overseeing of administration, passing of the Budget, ventilation of public grievances, and discussing national policies and issues of concern.

The cabinet, both individually and collectively accountable and removable by the Lok sabha

The parliament has two houses and both houses are carrying same values and responsibilities with a few exception such as passing the finance bills.

The first house in the parliament is the Lok Sabha (Lower House or House of People) with 543 members elected from 543 Parliamentary constituencies across the country directly by the people who have attained the age of 18 and above and registered as voters. The Lok Sabha has 2 nominated members from the Anglo-Indian community.

Quorum of the House: One tenth of the total number of members of Lok Sabha / Rajya Sabha constitutes the quorum for a meeting of the House.

The grand total number of members in the Lok Sabha 545, but the nominated members cannot decide the government when it proves majority on the floor of the House. The Lok Sabha is the highest forum for discussion, debate on public issues, interest and policies to cater the socio-economic needs of the people.

The members of both houses are generally called by the public as Member of Parliament, Member of Parliament Lok sabha is one who represents the constituency of the state, comprising of six Assembly constituencies.

The leader of the House of the People is the Speaker – who is elected by the Lok Sabha, from among its members.

The speaker’s duties are to conduct, facilitate the debates and discussions and answers to questions regulating the conduct of Members of the House and taking care of their privileges and rights.

The leader of the House of the People is the Speaker – who is elected by the Lok Sabha, from among its members. The Speaker of Lok Sabha is the administrative head of the parliamentary secretariat

The speaker also ensures that the members adhere to the appropriate procedures, and to allow the members to raise question, allotting time to speak and withdraw the objectionable remarks from record

The permission of the president is required to move amendments to a bill. It is up to the president to decide whether the bill to be moved or not.

The speaker plays the role of guardian of the rights and privileges of the house, its various committees such as consultative, select, Advisory and of members of that. Another important power of the speaker is to refer any question of privilege to the committee of privileges for examining, investigating and reporting. The questions raised by the members and answers, explanations and reports are addressed to the speaker.

Under the constitution, Speaker enjoys special provisions and certifies money bills

The speaker of the House of the People presides the joint sessions of the parliament in case a special occasions or in the event of disagreement between the two houses on certain legislative measures.

The speaker decides whether a Bill is a Money Bill or not and his decision on this question is final

It is the speaker who decides on granting recognition to the Leader of Opposition in the House of People.

Under 52nd Constitution Amendment, the speaker has the disciplinary power to disqualify a member of the house on the grounds of defection

Even though, the speaker also one of the members of the House and holds neutral, does not vote in the house except rare occasions when there is a tie at the end of the decision.

“The Speaker represents the House. He/she represents the dignity of the House, the freedom of the House and because the House represents the nation, in a particular way, the Speaker becomes a symbol of nation’s freedom and liberty. Therefore that should be an honoured position, a free position and should be occupied always by persons of outstanding ability and impartiality”.

Jawaharlal Nehru, one of the chief architects of India and a driving force behind its democratic principles of the Constitution, placed the office of the Speaker in India in the proper context when he said: “The Speaker represents the House. He/she represents the dignity of the House, the freedom of the House and because the House represents the nation.

The Rajya Sabha or the Council of States is called as upper house. It has a total number of 250 members including 238 from all the states and union territories and 12 members nominated by the President.

The council of states Rajya Sabha is called as second chamber of the Parliament of India. The Rajya Sabha is an institution to protect the rights and interests of the states like the senate in USA. It was constituted on 3rd April, 1952.

The members for Rajya Sabha are elected by the members of the respective State Legislative Assemblies (MLAs).

Apart from the members of the states, twelve distinguished members from the fields of literature, science, art, and social service were nominated by the President of India.

The members of the Council of States are elected by their respective state legislative assemblies in accordance with the system of proportional representation by means of the single transferable vote.

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The chairman presides over the proceedings and regulates the Rajya Sabha.

Except the Money\Financial Bill all other bills will be placed before the Rajya Sabha for discussion, questions, motions and resolutions under the rules of procedure and conduct of business.

The functions of Rajya Sabha may broadly be categorised as: Legislative, Financial, Deliberative and Federal.

Legislation is by far the most important business of Rajya Sabha, as indeed of Parliament and in this sphere, Rajya Sabha enjoys almost equal powers with Lok Sabha.

In the U.S.A, the representatives in the state council is called as Senate where every state has equal representation irrespective of size and population of the states. But in India, the representation in the Rajya Sabha is based on its size of population.

Uttar Pradesh with the highest population elects 31 members to Rajya Sabha; on the other hand, Sikkim, the least populated state, elects only one member to Rajya Sabha.

In India, the representation in the Rajya Sabha is based on its size of population. Tamil Nadu elects 18 members to the Rajya Sabha

Members of the Rajya Sabha are elected for a term of six years and then they can be re-elected. The Rajya Sabha is known as Permanent House of the Parliament that never gets fully dissolved.

Must not be less than 30 years

Under the Representation of the People Act, 1951, a person had to be an elector in a parliamentary constituency in the State from where he seeks election to Rajya Sabha.

It may, however, be mentioned that the Representation of the People (Amendment) Act, 2003, which amended Section 3 of the Representation of the People Act 1951, has done away with the requirement of being a resident of State or Union territory from which a person seeks to contest elections to Rajya Sabha. He/She has to be an elector in a parliamentary constituency anywhere in India.

Representation of the People (Amendment) Act, 2003, has also provided that the election to fill a seat in Rajya Sabha shall be by open ballot.

Immunity to a person from proceedings in any court in respect of the publication by under the authority of either House of Parliament of any report, paper, votes or proceedings.

Immunity to a person from proceedings in any court in respect of the publication in Newspaper of a substantially true report of any proceedings of either House of Parliament unless the publication is proved to have been made with malice.

Freedom from arrest of members in civil cases during the continuance of the session of the House and forty days before the commencement and forty days after its conclusion.

The of Lok Sabha is the most powerful political institution which reflects the political, social and economic conditions of the country holds highest responsibility and virtually represents the entire population.

The Lok Sabha is constituted with members elected directly by the people. These members represent the varied interests of the people. Thus it becomes the apex democratic institution. It is here that the nations’ policies and programmes and laws emerge.

The Lok Sabha makes the Laws on the matters of Union List and Concurrent

It can exact new laws and repeal existing law, or amend the same. It has an exclusive authority over money bills.

The special power of the Lok Sabha is that once it passes the budget or any other money related law, the Rajya Sabha cannot reject it.

The special power of the Lok Sabha is that once it passes the budget or any other money related law, the Rajya Sabha cannot reject it. But the Rajya Sabha can delay the law for 14 days only and if Rajya Sabha suggests any changes regarding the law, it is upto the Lok Sabha to accept or reject it.

The one of the privileges of the Lok Sabha is preparing and presenting the budget and financial statement which is an explicit expression of peoples control over nation’s economy.

The Lok Sabha controls the executive by asking questions, supplementary questions, passing resolutions, motions and no confidence motion.

The Lok Sabha has the power to amend the constitution and approve the proclamation of emergency. The Lok Sabha involves in electing the President and Vice-President of India.

The Lok Sabha has power to establish new committees and commissions and tabling their reports for debate and discussion and further consideration for implementation.

The Lok Sabha controls the council of Ministers and a Prime Minister, who enjoys the majority support of it

If the Prime Minister loses the confidence of the Lok Sabha the entire government has to quit and face the election.

Introduction and passage of ordinary bills. Introduction and passage of Constitutional amendment bills. Election and impeachment of the president.

Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India

Election and removal of the Vice-President. However, Rajya Sabha alone can initiate the removal of the vice-president

He is removed by a resolution passed by the Rajya Sabha by an absolute majority and agreed to by the Lok Sabha by a simple majority

Rajya Sabha- Making recommendation to the President for the removal of Chief Justice and judges of Supreme Court and high courts, chief election commissioner and comptroller and auditor general

Rajya Sabha- Selection of ministers including the Prime Minister. Under the Constitution, the ministers including the Prime Minister can be members of either House. However, irrespective of their membership, they are responsible only to the Lok Sabha.

Rajya Sabha- Consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission, comptroller and auditor general, etc. Enlargement of the jurisdiction of the Supreme Court and the Union Public Service Commission.

A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations. The Lok Sabha can either accept or reject all or any of the recommendation of the Rajya Sabha. In both the cases, the money bill is deemed to have been passed by the two Houses.

A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha. But, with regard to its passage, both the Houseshave equal powers.

The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok Sabha.

The Lok Sabha with greater number wins the battle in a joint sitting except when the combined strength of the ruling party in both the Houses is less than that of the opposition parties.

Rajya Sabha can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the Lok Sabha).

A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.

The Rajya Sabha cannot remove the council of ministers by passing a no confidence motion. This is because the Council of ministers is collectively responsible only to the Lok Sabha. But, the Rajya Sabha can discuss and criticize the policies and activities of the government.

Rajya Sabha can authorize the Parliament to create new All-India Service common to both the Centre and states (Article 312).

It can authorize the Parliament to make a law on a subject enumerated in the State List (Article 249). It can authorize the Parliament to create new All-India Service common to both the Centre and states (Article 312).

The position of the Rajya Sabha in our constitutional system is not as weak as that of the House of Lords in the British constitutional system nor as strong as that of the Senate in the American constitutional system. Except in financial matters and control over the council of ministers, the powers and status of the Rajya Sabha in all other spheres are broadly equal and coordinate with that of the Lok Sabha.

It facilitates giving representation to eminent professionals and experts who cannot face the direct election. The President nominates 12 such persons to the Rajya Sabha.

Article 120 – Hindi and English have been declared by the Constitution to be the languages for conducting business in Parliament. The Presiding Officer may, however, allow any member not proficient in either to address the House in his mother tongue.

In the law making process, role of opposition parties becomes much more important to reflect upon the relevance of the bill and its context so as to streamline the democratic governance.

The bill will be taken for thorough discussion in the parliament to have an understanding within the framework of the constitution.

Rajya Sabha Approves proclamation of all three types of emergencies by the President.

The bill will become Law once the legislature passed it and approved by the President. The Law becomes an act only after getting consent from the President of India.

The primary function of the Parliament is to make fresh laws and bring changes in the existing laws in accordance with the constitutional procedures. The Parliament of India passes two types of bills such as: 1. Money Bill 2. Non-Money Bill or ordinary or public bills.

An ordinary bill has to pass through different stages before becoming an Act. The procedures prescribed in the Constitution for passing the bills are of two different categories. These are as follows: An ordinary bill under consideration has to go through following stages has to pass through both houses with discussions, suggestions and approval. An ordinary bill may be introduced in either House of the Parliament.

The first stage of the bill relates to the introduction of the bill in either house as ‘Reading of the Bill’. The bill is drafted by the technical experts in that particular field and then council of ministers will approve the bill.

The ordinary Member of Parliament can also introduce a bill which is called as ‘Private Member Bill’. For the introduction of the bill it should be informed to the Speaker of the Lok Sabha or The Chairman of Rajya Sabha one month in advance.

The ordinary Member of Parliament can also introduce a bill which is called as ‘Private Member Bill’. For the introduction of the bill it should be informed to the Speaker of the Lok Sabha or The Chairman of Rajya Sabha one month in advance. Then the date of introduction for the Private Member Bill will be fixed and allowed to move the bill in the floor of house. Generally there will be no discussion on the proposed bill at this reading stage which is only a formal affair.

After the introduction of bill, it will be published in Gazette of India. The Speaker or the Chairman may allow some bills to be published in the Gazette even before the first reading.

After the introduction of bill, it will be published in Gazette of India. The Speaker or the Chairman may allow some bills to be published in the Gazette even before the first reading, in that case no motion for leave to introduce bill is necessary.

The Second Reading of the bill usually takes place after an interval of two days after the first reading. At this stage, any of the four courses are adopted. 1. The bill may be taken for consideration by the House at once. 2. It may be sent to a select committee of the House. 3. It may be sent to a joint select committee of the two Houses. 4. It may be circulated for eliciting public opinion. Very rarely bills are taken up for consideration straight away.

When the bill is adopted for circulation of public opinion, the secretariat of the House concerned requests the State Governments to publish the bill in the State Gazettes inviting opinions from local bodies and recognized associations. Such opinions are circulated among the members of the House.

The Speaker or the Chairman (vice-president) of the House appoints one member of the committee and the chairman of the committee

If the bill is referred to a select committee, the mover selects the members of the committee, the Speaker or the Chairman of the House appoints one member of the committee and the chairman of the committee. The committee will study of the bill and reports back to the House.

The report stage is the most important stage where a bill is debated clause by clause. In this stage the report is circulated along with original bill and the report of the Select committee.

The Report stage is for giving final shape to the bill. Then the bill will be submitted for the Third Reading in which the bill is to be passed with majority of votes. The Third Reading is for formal approval by the Parliament.

After the bill is adopted at the Third Reading in either of the house, it is transmitted to the other House where it goes through all the stages. The other house may accept the bill as it is. After coming across all the stages, it is sent to the President’s assent.

Once a bill is passed in its originating house, it also may be rejected in the other house. Otherwise, it may introduce amendments not acceptable to the original House or, may not return the bill within six months. In such a case, a constitutional deadlock develops between the two Houses.

The President may call a joint session of the two Houses to resolve the deadlock. The Speaker or in his absence the Deputy Speaker presides over such joint sessions. The deadlock is dissolved by majority vote.

After the bill is adopted at the Third Reading in either of the house, it is transmitted to the other House where it goes through all the stages. The other house may accept the bill as it is. After coming across all the stages, it is sent to the President’s assent. If the President assents to the bill, it becomes a law

The President may return the bill for reconsideration. If the bill is sent back to the President with or, without amendments, the President cannot withhold his assent. Such a complicated and time-consuming procedure is adopted to prevent hasty legislation

The legislative powers and functions of the Union and the States are clearly demarcated in seventh schedule of the Constitution of India. The powers on which both union and the states can legislate.

The Constitution has classified the subjects for which the legislation made to perform the duties and responsibilities with specific powers for division of powers to avoid the seventh schedule of the constitution provides for trifurcation of legislative powers; 1. The Union List 2. The State List and 3. The Concurrent List.

Agriculture – state list

Adulteration – concurrent list

Liquor – State list

In the subjects enumerated in the ‘Concurrent List’ both the union and the states can legislate. In the event of contradictions between the union and states, the center’s authority will prevail. The residuary power is vested in the center.

Ordinary Bill – It can be introduced either in the Lok Sabha or the Rajya Sabha. It can be introduced either by a minister or by a private member. It is introduced with the recommendation of the president.

Money Bill – It can be introduced only in the Lok Sabha and not in the Rajya Sabha. It can be introduced only by a minister. It can be introduced only on the recommendation of the President.

It can be amended or rejected by the Rajya Sabha. It can be detained by the Rajya Sabha for a maximum period of six months.

Money Bill – It cannot be amended or rejected by the Rajya Sabha. The Rajya Sabha should return the bill with or without recommendations, which may be accepted or rejected by the Lok Sabha.

Ordinary bill does not require the certification of the Speaker when transmitted to the Rajya Sabha (if it has originated in the Lok Sabha).

Money Bill – It can be detained by the Rajya Sabha for a maximum period of 14 days only. It requires the certification of the Speaker when transmitted to the Rajya Sabha.

Ordinary Bill – It is sent for the President’s assent only after being approved by both the Houses. In case of the deadlock due to disagreement between the two Houses, a joint sitting of both the houses can be summoned by the president to resolve the deadlock

It is sent for the President’s assent even if it is approved by only Lok Sabha. There is no chance of any disagreement between the two Houses and hence, there is no provision of joint sitting of both the Houses in this regard.

Ordinary bill’s defeat in the Lok Sabha may lead to the resignation of the government (if it is introduced by a minister).  Money bill’s defeat in the Lok Sabha leads to the resignation of the government

Ordinary Bill – It can be rejected, approved or returned for reconsideration by the President. Money Bill – It can be rejected or approved but cannot be returned for reconsideration by the President.

India’s parliamentarians are one of the best paid legislators across the world but they lag when it comes to performing legislative business, says the National Social Watch’s “Citizens’ Report on Governance and Development 2013.”

Parliament may amend the constitution through by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

An amendment of this Constitution may be initiated through the introduction of a Bill in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill.

The bill must be passed in each house by a special majority that is, majority by more than 50 per cent of the total membership of the house and a majority of two-thirds of the members of the house present and voting. Each house must pass the bill separately. In case of a disagreement between the two houses, on issues concerning amendment there is no provision for holding a joint sitting of the two houses.

If the bill seeks to amend the federal provisions of the constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members present and voting in such legislatures.

After duly passed by both the houses of parliament and ratified by the state legislatures wherever necessary, the bill is forwarded to the President for assent. The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. After president’s assent, the bill becomes an Act (i.e., A Constitutional Amendment Act) and the constitution stands amended in accordance with the terms of the Act.

Article 368 provides for two types of amendments, that is, by a special majority of parliament and also through the ratification of half of the states by a simple majority. But, some other articles provide for the amendment of certain provisions of the constitution by a simple majority of parliament.

Simple majority of parliament is, a majority of the members of each house present and voting. The constitution can be amended in three ways: 1. Simple majority of the parliament, 2. Special majority of the parliament, and 3. Special majority of the parliament and the ratification of half of the state legislatures.

Second schedule – emoluments, allowances, privileges and so on of the president, the governors, the speakers, judges, etc. Fifth schedule – administration of schedule areas and scheduled tribes. Sixth schedule –administration of tribal areas. Seventh schedule – Amendments by Special Majority of Parliament and Consent of States

Simple Majority – Admission or establishment of new states, formation of new States and alteration of areas, boundaries, or names of existing states.

Representation of states in parliament – Amendments by Special Majority of Parliament and Consent of States.

The basic structures of the constitution which are related to the federal structure of the polity can be amended by a special majority of the parliament and also with the consent of half of the state legislatures by a simple majority. There is no time limit within which the states should give their consent to the bill.

Power of parliament to amend the constitution and its procedure (Article 368).

According to Article 368 a number of provisions in the constitution can be amended by a simple majority of the two houses of parliament. These provisions include: Admission or establishment of new states, formation of new States and alteration of areas, boundaries, or names of existing states. Abolition or creation of legislative councils in states.

Use of English language in parliament can be amended through simple majority

The majority of the provisions in the constitution need to be amended by a special majority of the parliament, that is, a majority (i.e., more than 50 per cent) of the total membership of each house and a majority of two-thirds of the members of each house present and voting. The expression total membership of the house irrespective of fact whether there are vacancies or absentees. The special majority is required only for voting at the third reading stage of the bill. The constitution’s clauses which can be amended in this way include: (i) fundamental rights (ii) directive principles of state policy: and (iii) all other provisions which are not covered by the first and third categories.

Provisions can be amended through simple majority – 1. Number of judges in the Supreme Court.     2. Conformant more jurisdiction on the Supreme Court. 3. Use of official languages.

The state is the second stratum of the federal structure of the Constitution. The provisions for the governance of all the state is dealt in the Part VI of the Indian Constitution

The articles from 152 to 237 deals thoroughly on the subjects of the state legislature.

In a Bicameral system of legislature, the state legislature consists of the Legislative Assembly and Legislative Council.

There shall be a Governor as the Constitutional Head of the State executive, and executive power of the state vested with the Governor and all executive actions of the state has to be taken in the name of the Governor

The governor of the State shall be appointed by the President. The Governor is appointed for a term of five years or can hold the office during the pleasure of the president or until his successor enters upon his office.