CHAPTER – 5

Topic - Legislature-

Q. 1 What is legislature? Why do we need a legislature Why did India adopted

Bicameral legislature?

Ans. In modern democracies, legislature occupies a central place. There are three
organs of the govt. legislature, executive and judiciary. It is the legislature which makes
the laws, while the executive implements these laws and the judiciary interprets them.
Legislatures are elected by the people and makes our behalf of them Legislatures is the
centre on is democratic process. It helps people the representative responsible. and
accountable. It is the foundation stone of modern democracies.

Need : In India, the national legislature of elected representatives is called the

Parliament and at the state level it is Was legislative assembly. No democracy can
function without a without a Parliament We need Parliament because of the because of
the following reasons-

1. The Parliament has the supreme power of legislature in India. It makes

amendments, abolish laws etc. 2. The Parliament makes the budget for the
2. The Parliament makes the budget for the country.
3. The Parliament provides a forum for y discussions and debates on issues of Public
importance & national importance.
4. The Parliament exercises some powers over the executive. In India the executives
are answerable to the Parliament.

India adopted Bicameral legislature-

The term Parliament means the Union legislature and at the state level, it is state
legislature. When a legislature has two houses it is known as bicameral and when it
has one house only it is known as Unicameral.
1. India is country with large size diversity so two houses in Parliament give
adequate representation to sections in society.
2. It gives adequate representation to all geographical regions of country.
3. It makes it possible to have decision reconsidered.
4. One house may take decision in haste.
5. It ensures cross check on every important policy or bill.

Q. 3 Describe the various procedures followed in the Parliament.

Ans. The Parliamentary procedures include-

1. Summoning of House:- The President from time to time summons each house of
parliament when thinks fit.
2. President's address - The President addresses the joint sitting of both of the
Parliament after every gemmed election and at the beginning of the year.
3. Motion of thanks:- It is in vote of thanks on the speech of the President. If a
Govt. losses it, it has to resign.
4. Question Hour:- it consist of starred, unstirred and short notice questions
requiring oral, written & urgent reply by minister.
5. Zero Hour:- It begins at 12 O clock in the afternoon after the question hour &
goes on for an hour when members raise all types of questions without notice,
even embarrassing the govt.
6. Adjournment Motion:- 6. It disrupts the normal. the house business of It
proposes the consideration of an of public importance by sidelining issue all other
issues
7. Cut motion- It is a proposal for reduction of grant in the budget under
consideration.
8. No confidence Motion- It is moved by the opposition in Lok Sabha when a
govt. has to prove its majority in the house.
9. Censure Motion:- It criticizes the policies of Govt.
10. Adjournment & Prorogation of House:- Adjournment means suspension of the
sitting of the house while prorogation means the end of the session of house.
11. Process of legislation:- A bill drafted and proposed by an ordinary member of a
house is Private member's Will A bill proposed by ministers is a Gout Bill Bills
dealing with general issues are called Public bills, Bills dealing with taxes,
revenue, etc. are k’as money bill, bills dealing with general issues are k’as non-
money bill or ordinary bill.

Q. 3 Describe the composition, power & function of Lok Sabha.

Ans. The Lok Sabha is composed of not more than 552 members. Its composition is as
follows-

1. Not more than 530 members are directly elected from territorial constituencies in
the states.
2. Not more than 20 members directly from the constituencies in the union
territories.
3. 2 anglo Indian members are nominated by the president.

Qualification:-

1. Should be a citizen of India.

2. Should be 25 years of age.
3. Should not be a lunatic.
4. Should not be a bankrupt.
Term : The term of Lok Sabha is 5 years. The house may be dissolved before
the expiry of its full term.

Powers & Functions –

(i) Legislative functions:-

A Money bill originates in the Lok Sabha.

B on non-money bill both houses enjoy equal power.
C If there is a deadlock on ordinary bill both house have a joint sitting where Lok
Sabha enjoys numerical advantages.
(ii) Financial Powers:-
A Money bills can originate only in the Lok Sabha.
B Lok Sabha can remove a Govt. if a money bill is rejected on the floor of the
house.
(iii) Amendments:- The Lok Sabha shares with the Rajya Sabha the power to amend
the constitution.
(iv) Control over Executive- (A) The council of ministers is responsible to the Lok
Sabha
(B) The Lok Sabha controls the executive through several Parliamentary
Procedures.

(v) Miscellaneous:- (A) The Lok Sabha along with Rajay Sabha elects the president
& the Vice president of India/

(B) The Lok Sabha along with Rajya Sabha investigates the cases of
impeachment.

Q. 4 Describe the composition, powers &functions of Rajya Sabha.

Ans:- Article so of the Indian constitution of Rajya Sabha consists of 250 members. Out
of this 238 are elected from legislative assemblies of states, while nominated by
the Indian President. It is a permanent house 1/3rd of its members retires after
two years.

Tenure:- The term of office of each.6 years.

Qualification:-

(i) should be citizen of India.

(ii) Should be 30 yrs & above of age.

(iii) Should not be lunatic.

(iv) Should not be bankrupt.

 Powers & Functions –

(i) legislative Functions:-

(A) All bills other than money bills originate in Rajya Sabha.
(B) In case of a deadlock on non money bill both houses sit for a joint sitting.
(ii) Financial Powers:- (A) money bills cannot be introduces in the Rajya Sabha.
(b) after a money bill has been passed, it is sent to Rajya Sabha for its
recommendations. It enjoys delaying power of 14 days.

(iii) Amendments:- Both houses enjoys equal power to amend the constitution.

(iv) Control over Executive:- (A) The council of ministers is responsible only to the
Lok Sabha.

(B) The Rajya Sabha exercises control over executive by means of questions.

(v) Miscellaneous Powers:- (A) The Rajya Sabha & Lok Sabha elects the president
& the vice president.

(B) both houses investigates in cases of impeachment.

Q. 5 Write a short note on short note on Defection.

Ans:- Defection is changing political party m which a person is elected to the another
Political party for o Town benefit. But now acc. to 52nd Amendment da Act K'as
Anti dejection law, wifi sam MP oc MLA changes parties, he / she will lose in
the legislature.

Reasons of Defection:- (i) Corruption & greed

(iii) Having conflict with the head of the party.

A phrase related to defection is ‘Aya Ram Gaya Ram’ means frequent floor
crossing by legislature. It was created by Haryana MLA Gaya lal in 1967. He
changed his party thrice in a fortnight from Congress to United Front party.
Q. 6 Discuss procedure of money bill & non money bill.

Ans;- Procedure of Money:- Money bill deals with imposition, abolition or alteration
of any tax, regulations for borrowing money or funds related to consolidated or
contingency fund of India. The procedure for money bi8ll is as follows;-

(A) Such a bill is not introduced in Rajay Sabha.

(B) After its passage through Lok Sabha, a money bill goes to Rajya Sabha
which has to return in 14 days along with its recommendations.
(C) Even if the Lok Sabha does not accepts the recommendations of Rajya
Sabha then also bill gets passed by the both house.
(D) The president has to grant his assent to the money bill.

Procedure of non-money bill:-

(a) First reading;- An ordinary bill can be introduced tin either house of the
parliament. A minister or any private member introduces the bill in the house
& explains its objections.
(b) Second Reading:- At this stage a general discussion on the bill takes place &
it put to vote.
(c) Committee Stage;- sometime a bill is sent to the select committee. The select
committee discusses the bill in details and debates the merits & demerits of
the bill.
(d) Repot stage:- At this stage, the bill is discussed clause by clause & item by
item.
(e) Third reading:- This is the last stage in the passage of the bill & there is not
much discussion on the bill. The entire bill is put to vote and either it is
rejected or passed.
Bill in other house:- The procedure followed in the first house is followed in
other house.
Assent of the president:- after the bill is passed by both the houses, it is sent
to president for his assent and becomes an act after receiving his assent.
Q. 7 Discuss about Speaker.

Ans:- The presiding officer of the Lok Sabha is speaker. He/she is elected amongst the
members themselves by a majority vote. The constitution even provides for a
deputy speaker to assist the speaker in case of his absences.

Functions of speaker:-

1. All bills passed by the Lok Sabha are approved by his signature before going to

the Rajya Sabha

2. He is incharge of a joint sitting of both houses in Lok Sabha. Parliament.

3. He casts his vote in case of tie in Lok Sabha.

4. He preserves order in the house. He can even use marshals to maintain decorum.

Q. 8 Discuss composition, power & functions of state Legislative assembly.

Ans. It consist of the members directly elected on the basis of universal adult
franchise. The no of members shall not be more than 500 & not less than 60.

Tenure :- Its tenure is 5 years unless it is dissolved.

Qualification:- (i) Should be a citizen of India.

(ii) Should not be less than 25 yes of age.

(iii) should not hold any office of profit.

Q. 9 Composition state legislative council.

Ans:- The total no. of members in de council shall not exceed 1/32d total no. legislative

of H the of members in the state legislative assembly. But the total no of

members should not be less than 48,

Qualification:-

(i) Should be a citizen of India.

(ii) should not be less than 30 years of age.
(iii) Should not be lunatic / bankrupt.
(iv) should not hold any office of profit.

Q. 10 Powers of state legislature.

Ans:- Legislative Powers:- The state legislature enjoys exclusive power over the
subjects mentioned in the state list. It even makes laws on the subjects mentioned
in the concurrent list, but if the govt. of centre also makes law on it, the state law
becomes inoperative.

Financial Powers:- The state legislature exercises full control over the state
purse. It passes the budget. The money bill is introduced in legislative assembly.
The legislative council can only delay it by 14 days.

Control over executive:- The executives are responsible to eh the legislative

assembly.

Election of Indian President:- The Indian President is elected by members of an

electoral college consisting of members of both houses of parliament & state
legislative assembly.

Q. 11 Describe composition of Indian Parliament.

Ans:- All the legislative powers are used in the parliament. The laws framed by Indian

Parliament are enforced in whole country. It holds its meeting in New Delhi.

Article 79 of the constitution provides a bicameral parliament for to the Union.

The Union parliament consists of president, and two houses Rajya Sabha & Lok

Sabha.
Q. 12 Why is Lok Sabha more powerful than Rajya Sabha.

Ans:- 1. The members of Lok Sabha are directly elected while members Rajya Sabha
are indirectly elected.

2. Money bill cannot be introduced in Rajya Sabha but in Lok Sabha.

3. Lok Sabha controls the executive whereas Rajya Sabha has no control over the
executive.

4. PM is the member of the Lok Sabha.

Q. 13 How has there been a decline in authority of Indian Parliament.

Ans:- 1. Indiscipline in Parliament:- The trend of indiscipline in the parliament is

increasing these days it damages the dignity of the Parliament

2. Fallen standard of debates:- The standard of debates in parliament has fallen

debates in parliament have now reduced to abuse.

3.Absence of members:- most of the members of parliament do not take interest

in its functions & remain absent from the meetings.

4. Tendency to legislate through ordinance:- according to Article 123

whenever the parliament is not in session now the tendency of ordinance is

increasing.

5. Weak opposition:- For the success of the parliament a strong opposition is

required. But in India the opposition is becoming weak.

Q. 14 Different between Lok Sabha & Rajya Sabha.

Ans:- Lok Sabha Rajya Sabha

1. makes laws on subjects included in 1. it can give powers to Union

the central list & concurrent list. parliament to make law on the
Subject of a state list.

2. Both money bill & non-money 2. Only non-money bill can be

can be enacted & amended in introduced in this house.
this house.

3. It amends the constitution. 3. It can only give apparels.

4. It elects & remover president & 4. It also participates in election

vice president. & removal of president &
vice president.

5. Executive is responsible to Lok 5. Executive is not responsible to

Sabha only. Rajya Sabha.

6. It have power to approve or reject 6 it only enjoys the power to delay

money bill. A money bill for 14 days.

Sahir wani (Jameel)

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