Chapter 5 Legislature
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.
Alok’s thinking is ignorant because a simple election of the Prime Minister and minister will create only a dictatorship and a true representative democracy cannot be materialised:
- A legislature frames the laws and the executives run the government or administration.
- 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.
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.
(a) Neha said that bicameral legislature does not serve any purpose.
(b) Shama argued that experts should be nominated in the second chamber.
(c) Tridib said that if a country is not a federation, then there is no need to have a second chamber.
(a) This statement is not true because in a large country like India, two houses of legislature are preferred to give due representation to all sections of the society as well as the monopoly of either the chamber can be approached as ‘check and balance’.
(b) The President nominates 12 members in the Rajya Sabha from among the persons who have distinctions in the field of literature, art, social services, etc., who are experienced and possess intellectual depth.
(c) Tridib’s argument is also not true because the second chamber is also required to give representations to all sections of society even though it might not be the federation.
Why can the Lok Sabha control the executive more effectively than the Rajya Sabha can?
- The government is formed by the party who gets the majority in the Lok Sabha.
- The members of the Lok Sabha are directly elected by the poeple.
- The Lok Sabha enjoys the power to remove any executive from the office while the Rajya Sabha cannot remove any executive from the office.
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.
Yes, I agree to this view that rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations. Its reasons are:
- The members of the Lok Sabha express their views on the bill during discussion.
- These members carry sentiments and expectations of their constituencies’ people to the parliament.
- A debate on a particular bill takes place and opens the path for its modifications, etc. if required.
- Money Bills have to be introduced in the Lok Sabha only.
- The Parliament enjoys the powers to frame laws on the subjects given in the union list and concurrent list if required.
The following are some proposals for making the Parliament more effective. State if you agree or disagree with each of them and give your reasons. Explain what would be the effect if these suggestions were accepted.
(a) Parliament should work for longer period.
(b) Attendance should be made compulsory for members of Parliament.
(c) Speakers should be empowered to penalise members for interrupting the proceedings of the House.
(a) Yes, I agree because the parliament is supposed to ensure a responsible government but in the absence of proper time as well as boycott of sessions and oppositions delay the important bills also remain pending for longer period. Hence, the parliament should work for some longer duration to control the executives through debates, discussions and censures to avoid pendency of bills.
(b) Yes, I agree with the view because:
- The proceedings of the houses get suspended due to lack of quorum.
- Money Bills delays for a longer period.
- It shows an injustice towards the people who have elected them and whatever the constituencies are being represented by them.
(c) Yes, I agree with this view also because:
- A speaker of Lok Sabha is a presiding officer to regulate the business of the House.
- Now-a-days, some members create noisy uproars and disturb the proceedings of ‘ the house.
- Sometimes, members create so much discomfort to compel the speaker to adjourn the House.
- Hence, the precious time of the house is wasted and not utilized in the constructive debates.
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?
- The council of ministers is accountable to the lower house and if a bill does not succeed to be passed by the parliament, it shows the loss of majority of party in the house, hence the government will have to resign.
- A bill is introduced in either of the house in case of non-Money Bill and if Money Bill can be introduced only in the Lok Sabha for the debates and discussions in various stages.
- If any bill does not fulfill the interest of the people, the parliament pressurizes the government to withdraw the bill but if it is in the interest of the people, it pressurizes the government to initiate the bill.
- The Money Bill cannot be denied by the Rajya Sabha, it can delay it only for 14 days and after the 14 days are passed, the bill is deemed to have been passed.
- If, there is a tussle between the two houses, a joint session of parliament resolves the issues.
Which of the following statements you agree with the most? Give your reasons.
(a) Legislators must be free to join any party they want.
(b) Anti-defection law has contributed to the domination of the party leaders over the legislators.
(c) 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.
In all the above three statements, I agree most with the second statement because:
- Party leaders have issued the party-rules as if a member remains absent in the house on a particular day or votes against the instructions of the party, his membership of the party would be terminated.
- If a legislature is free to join any party, he wants, then it will be against the will of voters who have elected them.
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 the Lok Sabha is a proof of its vibrancy. What other arguments can you provide to support or oppose the positions of Dolly and Sudha?
- On the live telecast of proceedings of the Parliament, the members fight bitterly, which create a wastage of nation’s time and fund.
- Some of the members who do not fulfill their duty honestly, create uproars in the house.
- Dolly views the decline of Parliament because less time is spent in discussions and disturbances are decreased in an unparliamentary any methods.
- The party leaders should restrain own party members from creating such disturbances in the proceedings.
- The presiding officers should take effective action on these misbehavior as well as the members should be made educated to the constructive behavior.
Arrange the different stages of passing of a bill into a law in their correct sequence:
(a) A resolution is passed to admit the bill for discussion
(b) The bill is referred to the President of India – write what happens next if s/he does not sign it.
(c) The bill is referred to other House and is passed.
(d) The bill is passed in the house in which it was proposed.
(e) The bill is read clause by clause and each is voted upon.
(f) The bill is referred to the subcommittee – the committee makes some changes and sends it back to the house for discussion.
(g) The concerned minister proposes the need for a bill.
(h) Legislative department in ministry of law, drafts a bill.
Correct sequence is:
- Legislative department in ministry of law, drafts a bill.
- The concerned minister proposes the need for a bill.
- A resolution is passed to admit the bill for discussion.
- The bill is referred to the subcommittee-the committee makes some changes and sends it back to the house for discussion.
- The bill is read clause by clause and each is voted upon.
- The bill is passed in the house in which it was proposed.
- The bill is referred to other house and is passed.
- The bill is referred to the Pi evident of India.
Though the consent of the President results in the enactment of a bill into a law. But if the President does not sign it, he can withhold or refuse to give assent to the bill (other than Money Bill), passed by the parliament. The president can send the bill back for reconsideration’s. And if it is passed again by the parliament, the President is bound to give his assent to the bill.
But, there is no time limit to send the bill back for reconsideration. Hence, the president can keep the bill pending with him without any time constant.
How has the system of parliamentary committee affected the overseeing and appraisal of legislation by the Parliament?
- The Parliament meets only for sessions, hence it has limited time to consider a bill in depth.
- Parliament committees have been set up since 1983 in the various departments to discuss the particular bill.
- These committees include business advisory committees, estimate committee, the public accounts committee, etc.
- 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.
- Without the approval of Parliament, no bill can become a law, but any suggestion is rarely rejected.
Extra Questions Solved
VERY Short Answer Type Questions
How is the Lok Sabha formed?
The Lok Sabha is the Lower House of the Parliament having 545 members:
- Its members are elected by the people who enjoy the right to vote.
- To conduct its elections, the country is divided into constituencies, and members are elected from here.
- Two Anglo-Indians are nominated to it by the President.
What is a Money Bill?
- A Money Bill contains the matters like imposing, reducing, expenditure, loan, payments, etc.
- A Money Bill can be introduced only in the Lok Sabha by a minister and not in the Rajya Sabha
What is a State Legislature?
- The State Legislature consists of a Governor and one or two houses of legislature, i.e. Legislative Assembly and Legislative Council.
- In most of the states of India, only one House of Legislature is found, i.e. the Legislative Assembly.
Name those states where Bicameral Legislature has been adopted.
In six states
- Uttar Pradesh
- Jammu and Kashmir
- Karnataka and
- Andhra Pradesh: have Bicameral Lagislature.
Mention the qualifications for membership of Legislative Assembly.
- He/She must be a citizen of India.
- He/She must be 25 years old.
- He/She must not hold any office of profit under Government of India.
- He must not be of unsound mind.
Mention the qualifications for the membership of State Legislative Council.
- He/She must be a citizen of India.
- He/She should not be less than 30 years of age.
- He should not hold any office of profit under Government of India.
- He should not be of unsound mind.
- He should not be disqualified to become the member of council.
What is an Ordinary Bill?
Ordinary Bills are concerned with the matters other than money matters. These are of two types, i.e. Government Bills introduced by a minister and Private Member’s Bill introduced by a member of Parliament.
Why do we need a Parliament?
We need a Parliament for the following reasons:
- For law making
- To help the people to hold representatives accountable.
- All political processes take place in a democratic manner.
Mention the difference between a Bill and a Law.
Bills are the resolutions introduced in the Parliament for law-making purposes and when a bill is passed by both the houses and sanctioned by the President, it becomes a law.
Mention some important functions of the legislature.
- The legislature is to enact laws.
- To control the finance of the country.
- To amend the constitution if required.
What is a legislature?
Legislature is an organ of government to frame laws for the nation alongwith the expression of people’s will, in which all the sections of society participate.
How is the speaker of the Lok Sabha elected?
Answer:The speaker of the Lok Sabha is elected by the members of parliament in the first sitting of a new government. He/she belongs to the party having majority in the Lok Sabha. He/ she is supported to conduct proceeding of Parliament in an impartial manner.
Mention the different types of Legislature.
Legislature is classified into two types:
- Bi-cameral consists of two houses as in the USA, India, Switzerland, Canada, UK, etc. The British Parliament consists of the House of Lords and the House of Commons and India has the Lok Sabha and the Rajya Sabha.
- Uni-cameral legislature consists of a single House as in Pakistan, Finland, China, Portugal, Czechoslovakia, etc.
What are the qualifications for a member in Lok Sabha?
- He should be a citizen of India.
- He should not be less than 25 years of age.
- He should not hold any office of profit under Government of India.
- No criminal case should be pending against him or should not be criminal or of unsound mind.
- His name should be in the voters’ list.
How is the Rajya Sabha formed?
- Rajya Sabha consists of 250 members.
- Out of 250, 12 members are elected by the President who have distinctions in the various fields.
- Rest of the members are elected by the State Legislative Assemblies.
- It has a tenure of six years and one-third members get retired after every two years.
Mention the qualifications to become a member of Rajya Sabha.
- He must be a citizen of India.
- He should not be less than 30 years of age.
- He should not hold any office of profit under the Government of India.
- He should not be a criminal or lunatic.
- He should possess the qualifications as determined by the Parliament.
What are the powers of the Speaker of Lok Sabha?
- The Speaker presides over the meetings of the Lok Sabha.
- He appoints the chairperson and other members of select committees.
- He is the guardian of the privileges of the members of the Lok Sabha.
- He enjoys the power to grant permission for the introduction of bill in the House.
How are the members of a Legislative Assembly elected?
- The members of the Legislative Assembly are elected by the people of concerned states on the basis of Universal Adult Franchise.
- Every state is divided into the constituencies on the basis of population.
- Every constituency elects only one member.
- Only those voters can participate in the election whose name is there in the voters’ list.
What are the powers of the Legislative Assembly?
- It can make laws on the subjects included in the state list and concurrent list.
- Money Bills can be introduced only in the Legislative Assembly .
- The members of Legislative Assembly participate in the election of the President.
- It exercises full control over the executive of the state.
What is the position of the Legislative Assembly in the administration of the state?
The Legislative Assembly enjoys all the Legislative powers of the state. The council of ministers is directly under the control of the Legislative Assembly as it can pass a no-confidence motion against the minister to remove it from the office. The Legislative Council can delay an ordinary bill not more than 4 months and a Money Bill not more than 14 days.
How does the Legislative Assembly control the Council of Ministers?
- The Council of Ministers in the state is responsible to the Legislative Assembly for its functions and if Legislative Assembly passes no confidence motion against Council of Ministers, it has to resign.
- If a Money Bill is rejected by the Legislative Assembly, the Council of Ministers has to resign.
- Hence, the Legislative Assembly exercises full control over the Council of Ministers.
How is the Lok Sabha more powerful than the Rajya Sabha?
- Lok Sabha exercises full control over the executive while the Rajya Sabha does not exercise any effective control.
- The members of Lok Sabha are elected by direct participation of the people while Rajya Sabha is formed by an indirect election.
- The Money Bills are introduced only in the Lok Sabha and only sent for recommendations to the Rajya Sabha and if, within 14 days, it is not returned, it is assumed to be passed.
Mention power of Parliament to amend the Constitution.
The Parliament can amend the Constitution:
- By passing the bill by simple majority in both the Houses of Parliament.
- By special majority in both the Houses of Parliament.
- By 2/3 majority of both the Houses of Parliament and the consent of more than half of the total states.
What are the privileges of the members of the Parliament?
- A member of the parliament has full freedom of speech in his house.
- No member can be arrested during the session of parliament except on the basis of an offence of criminal nature and the prior approval of the speaker or chairman.
- A member cannot be prosecuted for its speech or behavior in the house in any law court.
What is an Adjournment Motion?
- The Adjournment Motion is introduced either in the Lok Sabha or the Rajya Sabha or in both the Houses.
- It is to invite the attention of members towards the serious problem or even by suspending the routine work of the House.
- Mostly, council of ministers oppose it because it can expose the policies of government or opposition gets an opportunity to criticize the government.
Throw some light on the relationship between Governor and the Legislative Assembly.
- The Governor exercises the power either to the call the session or to suspend or to end it.
- The Governor addresses the Legislature and can send message to it.
- He signs all the bills passed by the Legislative Assembly and no bill can become a law without his sanction.
- He can dissolve the Legislative Assembly and arrange for new elections.
Short Answer Type Questions
Give some arguments in favour of Uni-cameral legislature.
- Uni-cameral legislature helps to maintain uniformity and unity of legislature as well as the people cannot have two opinions at a time on the same subject.
- Uni-cameral proceedings save money and time because the salaries paid to the members of other house, can be used in some other useful works as well as any bill is not sent to any other house which saves time also.
What is a Bi-cameral legislature? Explain.
A Bi-cameral legislature is a two-chambered legislature:
- The second chamber has its merits and demerits both.
- Bi-cameral system is getting popular now-a-days due to its merits.
- In countries like India, USA, UK, Switzerland, Canada, the Bi-cameral Legislature is experienced.
How can you say that “Upper House is permanent in Bi-cameral Legislature”?
In Bi-cameral legislature, the two Houses exist, one is known as the Upper House and
the other is Lower House. The Upper House is permanent:
- The members to the senate of Canada are nominated for whole life.
- The House of Lords in Britain is hereditary which never ceases to exist.
- The one-third members of the Rajya Sabha in India get retired after every two years and new members are elected there. Hence, they enjoy the tenure of six years as well as it never dissolves.
What is the composition of the State Legislative Council?
- 1/3 members are elected by the State Legislative Assembly and these persons are not to be the members of the State Legislative Assembly.
- 1/3 of the members are elected by the local bodies like corporations, Municipalities, Panchayats, Zila Parishad, etc.
- 1/12 of the members are elected by the teachers of not lower than Higher Secondary Schools. Teachers who have three years of standing are entitled to vote in the elections.
- 1/6 of the total members of the council are nominated by the Governor, who have distinction in the field of Literature, Science, Fine Arts and Social Service.
- 1/12 of the members are elected by the university graduates of atleast 3 years of standing.
Mention the special powers of the Rajya Sabha.
- The Rajya Sabha alone can initiate the proposal for removing the Vice-President and it can create one or more All India services on passing a resolution by 2/3 majority.
- Under Article 249, the Rajya Sabha may declare a resolution to be passed by 2/3 majority that Parliament should make laws with respect to any matter enumerated in the state list.
How is the speaker of the Lok Sabha elected? What are his main functions?
- The speaker presides over the meetings of the Lok Sabha and conducts its proceedings.
- The Lok Sabha elects him in the first sitting.
- The person who gets majority is elected as the speaker to impartially conduct the business of the House.
The speaker conducts the following functions:
- To preside over the meetings of the Lok Sabha.
- To appoint the chairperson and other members of select committees.
- To maintain discipline in the House.
- To decide whether a bill is Money Bill or not.
- To grant permission to introduce any bill in the house.
- To protect the privileges of the members of the Lok Sabha.
How does Indian Parliament control the Executive?
- The Prime Minister and his Council is elected out of the parliament who participate in the proceedings of the Parliament.
- The members of Parliament can put up the questions from council of ministers and are entitled to get satisfactory responses.
- The Parliament can invite attention of council of ministers towards the serious problem in the nation through an adjournment motion.
- The ministers are responsible to the parliament for their actions and policies.
- Parliament has the right to enjoy the ‘no confidence motion’ also against the government.
What are the powers and functions of the chairperson of the Rajya Sabha?
The Vice President of India is the chairperson of Rajya Sabha to perform the following functions:
- To preside over the meetings of Rajya Sabha.
- To allow members to speak.
- To maintain relevance in debates and to stop the members if anyone uses un¬parliamentary language.
- He is the custodian of the diginity of house and protects the privileges of the members of the Rajya Sabha.
- He preserves order in the house and if situation goes out of control he can suspend the meetings.
- He is not allowed to vote, but in case of equality of votes, he has a casting vote.
Read the passage (NCERT Textbook, page 102) given below carefully and answer the questions that follow:
The term ‘Parliament’ refers to the national legislature. The legislature of the States is described as State legislature. The Parliament in India has two houses. When there are two houses of the legislature, it is called a bicameral legislature. The two Hotsses of the Indian Parliament are the Council of States or the Rajya Sabha and the House of the People or Lok Sabha. The Constitution has given the States the option of establishing either a unicameral or bicameral legislature. At present only five States have a bicameral legislature.
1. What does the term ‘Parliament’ refer to?
2. What is a bi-cameral legislature?
3. How many states have bicameral legislature in India?
1. Parliament refers to the national legislature.
2. Bi-cameral legislature consists of two houses of the legislature.
3. There are six states in India which have bi-cameral legislature.
Read the passage (NCERT Textbook, page 121) given below carefully and answer the questions that follow
If a member remains absent in the House when asked by the party leadership to remain present or votes against the instructions of the party or voluntarily leaves the membership of the party, it is deemed as defection.
Experience of the past twenty years shows that the anti-defection amendment has not been able to curb defections, but it has given additional powers to the party leadership and the presiding officers of the legislatures over the members.
1. What is a defection?
2. Has the anti-defection amendment been able to curb defection?
3. Which Amendment Act is known as anti-defection amendment?
1. If a member remains absent from the house or votes against the instructions of the party or voluntarily leaves the membership of the party, it is deemed as defection.
2. Experience of the past 20 years shows that anti-defection amendment has not been able to curb defection, but it has given additional powers to the party leadership and the presiding officers over legislature.
3. 52nd Amendment Act, 1985 is known as Anti-defection Amendment.
Long Answer Type Questions
What are the powers and functions of the parliament?
The parliament is Bi-cameral legislature consisting of two houses alongwith the President of India. It enjoys the following powers and functions.
- 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.
- 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.
Describe the law-making procedure in the Parliament of India.
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.
- 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.
- 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.
Describe the procedure for election, position and powers of the speaker of a State Legislative Assembly.
- 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.
- 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.
‘Rajya Sabha is less powerful than Lok Sabha’. Justify the statement.
This statement can be justified by the following relationship between the two houses:
- 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.
- 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.
Describe the amendment procedure of constitution.
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
Mention the powers of the Lok Sabha and the Rajya Sabha.
1. Read the cartoon (NCERT Textbook, page 108) given below and answer the questions that follow:
1. What does the cartoon represent?
2. How does Parliament control over executive financially?
3. What are the financial powers of the Parliament?
1. The cartoon represents the sanction of Money Bill to the different ministries.
2. Every government raises resources through taxation and the legislature controls taxation. If the Government introduces any new tax it has to get the approval of the Lok Sabha.
- Grant of resources to the government to implement its programmes.
- The government has to give an account to the legislature about the money it has spent and resources that it wishes to raise.
- It also ensures that the government does not misspend or overspend through the budget and annual financial statement.
2. Read the cartoon (Textbook, page 113) given below and answer the questions that follow:
1. What does the cartoon refer to?
2. In case of disagreement, how is the proposed bill resolved?
3. In case of deadlock, in whose favour the decision goes?
1. Cartoon refers to an individual discussion among members on a bill.
2. Through the joint session of Parliament
3. Lok Sabha.
3. Read the cartoon (NCERT Textbook, page 118) given below and answer the questions that follow:
1. Which measure is adopted frequently by the opposition to register its protests?
2. Has there been an overuse of this weapon?
1. Walkout from the House during session.
4. Read the cartoon (NCERT Textbook, page 120) given below and answer the questions that follow:
1. What does the cartoon represent?
2. Why do you think such situation occurs?
3. Who takes the final decision on all such cases?
1. Some members or ministers have been ordered to go out of the Parliament.
2. This situation occurs only when a member decides to leave the party after getting elected.
3. The presiding officer of the House takes the final decision on all such cases.
1. Study the map given below and answer the questions that follow:
1. Mark the states having bi-cameral legislature:
- Andhra Pradesh
- Jammu and Kashmir
- Uttar Pradesh.