Goyal Brothers Prakashan Class 10 Civics Solutions Chapter 1 The Union Parliament

Question 1.
What is meant by the Federal Setup in India ? Mention any one federal feature of the Indian Constitution.
Answer:
A federal structure of Government means that there is a distribution of legislative, executive and financial powers between the Union and the States.

Division of Powers: There is a division of legislative, administrative and financial powers between the Union (National) government and the State governments. The subjects of national importance, such as defence, foreign affairs and currency are placed under the control of the national government, while those that are of local importance, such as police, agriculture and public health, are placed under the control of State governments.

Supremacy of the Constitution : The Centre and the State Governments derive their authority from the Constitution itself. Therefore, the State Governments are by and large independent of the control of the Central Government in the sphere assigned to them by the Constitution.

Question 2.
Name the two sets of authority under Federal Setup in India.
Answer:

  1. The Government of the whole country called the Union Government.
  2. Governments of the component units called the State Governments.

Question 3.
What are the three constituents of the Indian Parliament ?
Answer:

  1. President
  2. Lok Sabha
  3. Rajya Sabha

Question 4.
Name the two Houses of the Indian Parliament.
Answer:
Parliament consists of two houses viz., Lok Sabha and Rajya Sabha formerly known as House of people and the Council of States.

Question 5.
Mention the maximum strength of the Lok Sabha provided by the Constitution.
Answer:
The maximum strength of the Lok Sabha, provided by the Constitution is 552.

Question 6.
How many Members may the President nominate to the Lok Sabha ? Whom do the nominated Members represent ?
Answer:
The President may nominate 2 Members to the Lok Sabha. The nominated members represent the Anglo-Indian community.

Question 7.
How are the Members of the Lok Sabha elected? Or What is meant by the term Universal Adult Franchise ? What is the purpose of Secret Voting in elections?
Answer:
The members of the Lok Sabha are directly elected by the people.
Or
The principle of Universal Adult Franchise has been adopted which means that all citizens of the age of 18 and above have the right to vote, if not otherwise disqualified under the law.

Question 8.
What is meant by reservation of seats in the Lok Sabha?
Answer:
Reservation of Seats implies seats which have been reserved in the Lok Sabha for the scheduled castes and the scheduled tribes. Thus, in a reserved constituency, persons belonging only to these castes and tribes can contest an election. Though all electors are allowed to vote.

Question 9.
Mention any two qualifications an individual should have in order to be elected or chosen a Member of the Lok Sabha?
Answer:
In order to be chosen a member of the Lok Sabha.

  • One must be a citizen of India.
  • One must be not less than 25 years of age.
  • One must be a registered voter in any of the Parliamentary Constituencies.
  • One must possess such other qualifications as may be prescribed under law made by the Parliament.

Question 10.
Who administers the Oath of Office to the members of the Parliament?
Answer:
The President administers the Oath of Office to the members of the Parliament.

Question 11.
What is the normal duration (term) of the Lok Sabha?
Answer:
The normal term of the Lok Sabha is five years, if it is not dissolved earlier.

Question 12.
What is the maximum period that shall not intervene (i.e. the maximum gap) between the two sessions of Parliament ?
Answer:
The maximum period that can intervene between the two sessions of the Parliament is six months.

Question 13.
What is meant by Session of the House ?
Answer:
The Session means a Period during which House meets to conduct its business normally.

Question 14.
What is Quorum? What is the Quorum to constitute a meeting of the Lok Sabha ?
Answer:
A Quorum implies the minimum number of members required to be present before a meeting is allowed to begin. The Quorum to constitute a meeting of the House is 1/1 Oth of the total number of members.

Question 15.
What conditions have to be fulfilled by a Party in order that its leader is recognised as Leader of Opposition in the Lok Sabha?
Answer:
In Lok Sabha or Rajya Sabha a Party gets recognition as a Parliamentary Party if it has one-tenth of the toal membership of the House. The leaders of the largest among the opposition parties are recognised as Leaders of Opposition in both Houses.

Question 16.
Mention the status enjoyed by the Leaders of Opposition in both Houses of Parliament.
Answer:
The Leaders of Opposition in both the Houses of Parliament enjoy the status and facilities as enjoyed by a Union Cabinet Minister.

Question 17.
Who is the Principal Presiding Officer of the Lok Sabha?
Answer:
The Speaker is the Principal Presiding Officer of the Lok Sabha.

Question 18.
How is the Speaker of the Lok Sabha elected? How is he/she removed from the office of Speaker?
Answer:
The Speaker is elected by the House from among its members by a simple majority of members present and voting.
He/she can be removed from his office by a resolution passed by a majority of all the then Members of the House.

Question 19.
Mention any two important powers or functions of the Speaker of the Lok Sabha.
Answer:

  • The Speaker of the Lok Sabha presides over the meetings of the House and maintains discipline and decorum there-in. All speeches and remarks made by members of the House are addressed to him.
  • The Speaker is the chief spokes person of the House and reports to the President, the affairs of the House. He is, thus a link between the President and the House.

Question 20.
Mention the maximum number of Members of the Rajya Sabha.
Answer:
The Rajya Sabha consists of not more than 250 members.

Question 21.
Mention the maximum number of Members that the President may nominate to the Rajya Sabha. What type of persons should the nominated Members be?
Answer:
The President nominates twelve Members in the House. He nominates from among persons having special or practical knowledge in matters such as, literature, Science, Art and Social service. Thus, the principle of nomination, enables distinguished persons to have a place in the upper chamber.

Question 22.
How are Members of the Rajya Sabha elected? Or Name the body which elects the Rajya Sabha Members.
Answer:
The Members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies in accordance with a system of proportional representation by means of a single transferable vote.

Question 23.
Mention the qualifications which an individual should possess in order to be chosen a Member of the Rajya Sabha.
Answer:
In order to be chosen as the Member of the Rajya Sabha

  • One must be a citizen of India.
  • One must be not less than 30 years of age.
  • One must possess such additional qualifications, as may be prescribed by law from time to time.

Question 24.
What do we mean when we say that the Rajya Sabha is a permanent body? Or Mention the reason why the President of India cannot dissolve the Rajya Sabha.
Answer:
The Rajya Sabha is a permanent house, as it is not subject to dissolution. One third of its members retire at the end of every second year. And new members are elected to fill the vacant seats.

Question 25.
What is the tenure (Term) of office of the Members of Rajya Sabha ?
Answer:
The Members of the Rajya Sabha have a six-year term.

Question 26.
Who is the ex-officio Chairman of the Rajya Sabha? Who presides over its meeting in the absence of the Chairman?
Answer:
The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
The Deputy Chairman presides at the sittings of the House in the absence of the Chairman or during the period when the Vice¬President is discharging the functions of the President.

Question 27.
Name the Bill which cannot be introduced in the Rajya Sabha.
Answer:
‘Money Bill’ cannot be introduced in Rajya Sabha.

Question 28.
Mention any one exclusive power assigned to the Rajya Sabha by the Constitution.
Or
Mention any one power of the Rajya Sabha highlighting its role in India’s Federal Setup.
Or
Mention any one power of the Rajya Sabha which is in keeping w ith the Federal character of the Constitution.
Answer:

  • The Rajya Sabha can declare any of the subjects in the State List to be a subject of national interest and thereby, empower the Union Parliament to legislate on that subject.
  • The Rajya Sabha can decide by 2/3rd majority to set up a new’ All Indian Services.
    Or
    Rajya Sabha is recognised as a ‘Council of States by the Constitution. It implies that a House representing the states of the Indian Union. The Rajya Sabha, therefore, has a peculiar character and enjoys special powers.’
  • Its members are elected by the State Legislative Assemblies and Assemblies of the Union Territories of Delhi and Pondicherry.
  • The Rajya Sabha may be a two-thirds majority pass a resolution that Parliament should make laws with respect to any matter given in the State List.

The Rajya Sabha may be a 2/3 thirds majority pass a resolution to create one or more. All Indian Services keeping in mind the national interest.
Or
The Rajya Sabha has the power to declare that it would be in the national interest for the Parliament to enact a law on a matter in the State List. If Rajya Sabha passes such a Resolution by a two- thirds majority, the Parliament can make laws for the whole or any part of the country on any matter given in the State List.

Question 29.
Mention any one exclusive power assigned to the Lok Sabha by the Constitution.
Answer:
The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.

Question 30.
Name the three Lists which distribute the subjects of legislation between the Union and the States?
Answer:

  1. Union List
  2. State List
  3. Concurrent List.

Question 31.
Which bodies have the right to legislate on subjects in the Concurrent List? What happens in the case of conflict between such laws?
Answer:
Both the Parliament and State legislatures have the right to make laws on subjects mentioned in the Concurrent List.
In case of conflict between a Central and State law, the law made by Parliament shall prevail.

Question 32.
What is meant by ‘Residuary Powers’? Whom do these powers belong to?
Answer:
‘Residuary Powers’ implies the power of Parliament to make laws with respect to all those matters which are not mentioned in any of the three lists-the Union List, the State List and the Concurrent List.

Question 33.
Mention any two circumstances under which the Union Parliament may make laws on subjects in the State List.
Answer:
The Union Parliament can legislate on subjects included in the State List during the proclamation of emergency and in the following cases :

  1. If the Rajya Sabha passes a resolution by a two-thirds majority that a particular subject on the State List has a national importance.
  2. If two or more State legislatures pass a resolution requesting the Union Parliament to make laws on the subjects given in the State List.

Question 34.
How does the Union Parliament exercise control over the National Finance?
Answer:
The Union Parliament controls the National Finance. Neither a pie can be spent on any item, nor a paisa can be collected by the way of taxes without the prior approval of the Parliament. It is the Parliament, which passes the Annual budget, containing the estimates of receipts and expenditure of the Government of India in respect of a ensuring financial year.

Question 35.
What is meant by the ‘Consolidated Fund of India’? Name any two expenditures charged on the Consolidated Fund of India? Name any two expenditures charged on the Consolidated Fund of India.
Answer:
‘The Consolidated Fund of India’ implies, all revenues received by the Government of India, all money raised by loan and all money received in repayment of loans shall form one Consolidated Fund. two expenditures charged on the Consolidated Fund of India’ includes.

  1. Salary and Allowances of the President.
  2. Salary and Allowances of Judges of the Supreme Court and High Courts.

Question 36.
Which part of the Budget is not put to vote in the Parliament?
Answer:
The expenditures charged on the Consolidated Fund of India.

Question 37.
Mention two ways in which the Lok Sabha exercises control over the Executive (the Union Council of Ministers).
Answer:
The Constitution lays down that the Council of Ministers shall be collectively responsible to the House of the People’. The Ministers continue in office so long as they enjoy the confidence of a majority of members in the Lok Sabha. Thus, Lok Sabha controls Executive through :

  1. Question Hour, Calling Attention Notices and Half-an-Hour discussion.
  2. Censure Motion and the vote of Non-Confidence Motion.

Question 38.
Mention any two Elective (or Electoral) functions of the Union Parliament.
Answer:

  1. The elected members of both Houses of Parliament along with the members of legislative Assemblies elect the President of India.
  2. Secondly, the Vice-President is elected by the members of both Houses of Parliament.

Question 39.
Mention any two judicial functions of the Union Parliament.
Answer:

  1. It can impeach the President for any violation of the Constitution.
  2. The Parliament has the right to remove the Judges of the Supreme Court and the High Courts, the Chief Election Commissioner and the Comptroller and Auditor General of India if they are found guilty of violating any clause of the Constitution.

Question 40.
Mention any two important privileges of the Members of Parliament.
Answer:

  1. The Members of Parliament enjoy the freedom of speech i.e., no member is liable to proceedings in any Court for anything said or any vote given by him in Parliament.
  2.  The MP’s enjoy freedom from arrest during the continuance of the session of the House and during a period of 40 days before and after such session.
  3.  The MP’s enjoy freedom from attendance as jurors and witnesses in the Court of law.

Question 41.
Mention two important occasions when the President addresses a Joint Sitting of the two Houses of Parliament.
Answer:

  1. In case of disagreement between the two Houses.
  2. In case more than 6 months have elapsed without the Bill being passed by the other House.

Question 42.
Explain the following terms :
(a) Starred Questions
(b) Unstarred Questions
(c) An Adjournment Motion
(d) Casting Vote
Answer:

  • A Starred Question is one to which a member asks for an oral answer.
  • The Unstarred Question is one to which written answer is desired.
  • An Adjournment Motion proposes that the House should lay aside all other business and take up the consideration of “a matter of urgent public importance.” Such a Motion interrupts the normal business of the House.
  • A Casting Vote is the Vote that the Speaker or Chairman gives when equal number of votes have been given for and against a Bill or a Resolution. Thus, this vote will decide whether or not the Bill or Resolution will be passed.

Question 43.
What happens when a No-Confidence Motion is passed by the Lok Sabha?
Answer:
If the Lok Sabha passes the No-Confidence Motion, then the Government has to resign.

Question 44.
How is the Censure Motion different from a No-Confidence Motion?
Answer:
A Censure Motion specifies the policies or acts that are being censured. It is different from the No-Confidence Motion as the member has to state reasons for moving the motion, while a motion of No-Confidence need not record the grounds on which it is based.

Question 45.
What does Defection mean?
Answer:
Defection means “giving up the membership of that party to which a person belonged or on whose ticket he or she contested an election and joining another party or group.” Voting in the House against directions of the party also amounts to Defection.

Question 46.
When does a Bill become an Act?
Answer:
A Bill becomes an Act when the President gives his assent.

Question 47.
Mention the maximum period for which a Money Bill may be delayed by the Rajya Sabha.
Answer:
Money Bills Can be delayed for maximum period of 14 days only.

Question 48.
Mention the maximum period for which an Ordinary Bill may be delayed by the Rajya Sabha.
Answer:
The Rajya Sabha can delay an Ordinary Bill for 6 months.

Question 49.
What procedure does the Constitution lay down for resolving deadlocks between the two Houses of Parliament ?
Answer:
In case of disagreement between the two Houses or when more than six months have elapsed without the Bill being passed by the other House, the President may summon a joint sitting of the two Houses to resolve the deadlock.

Question 50.
Who presides over a Joint Sitting of both Houses of Parliament?
Answer:
The Speaker presides over a Joint Sitting of both Houses of Parliament.

Question 51.
Mention an important provision of the Constitution which clearly establishes the supremacy of Lok Sabha with regard to Money Bills.
Answer:
The Constitution clearly establishes the Supremacy of Lok Sabha with regard to Money Bill as firstly, Money Bill can be introduced only in the Lok Sabha, secondly the Rajya Sabha may withhold the Bill of 14 days, but after the lapse of 14 days, the Bill is deemed to be passed and sent for the President’s assent.

Question 52.
What is meant by Parliament?
Answer:
The word ‘Parliament’ is derived from the French expression ‘parlement’ which means ‘speaking’. In India, ‘Parliament’ refers to the legislative organ of the Government, which is required to make or change the laws of the Country.

Question 53.
What is meant by a Parliamentary Constituency?
Answer:
A Parliamentary Constituency is a well defined territorial area, from where one person is elected to represent it in the Lok Sabha. Though any number of candidates may contest from the same constituency. But, the one who gets the highest number of votes is declared as elected.

Question 54.
Mention two circumstances under which the seat of a member of the Parliament becomes vacant.
Answer:
The seat of a MP becomes vacant in the following situations :

  1. If a member, resigns his seat by writing to the speaker or the chairman, as the case may be. _
  2. If a member, without the permission of the House, is absent from all meetings for a period of 60 days.

Question 55.
Name the languages in which the business in Parliament is transacted.
Answer:

  • English
  • Hindi

Question 56.
What conditions have to be fulfilled by a Party in order to be recognised as a Parliamentary Party by the Speaker?
Answer:
A Party to be recognised as a Parliamentary Party must have one- tenth of the total membership of the House.

Structured Questions

Question 1.
With reference to the composition and organisation of the Lok Sabha answer the following questions :
(a) What is the maximum strength fixed by the Constitution, and what is its present strength?
(b) Mr. K. Rajan was disqualified from election to the Lok Sabha, even though he was a citizen of India and was twenty-two years of age. On what grounds was his nomination paper rejected by the Returning Officer?
(c) What is the Term (Duration) of the House?
(d) What is the normal schedule for Parliamentary Sessions in a year? Or Name the three Sessions of the Indian Parliament
Answer:
(a) The maximum strength of the Lok Sabha fixed by the Constitution is 552.
At present, it consists of 545 members including the two nominated Anglo-Indians.

(b) Mrs. Rajan was disqualified on the following grounds :

  • He must be holding an office of profit under the Government of India or of any State. Now fifty-six offices would not be regarded as offices of profit for this purpose.
  • He must be a person of unsound mind and stands so declared by a competent court.

(c) The term of the Lok Sabha is five years. It can be dissolved before the expiry of its normal term by the President on the advice of the Prime Minister. Again, its term can also be extended for one year at a time during a period of national emergency. A new Lok Sabha must be elected within six months after the national emergency is declared to have ended.

(d) Parliament can hold as many sessions as required, though the gap between the two sessions should not exceed more than 6 months. Normally, three sessions are held in a year they are :

  • Budget Session (February-May)
  • Monsoon Session (July-September)
  • The Winter Session (November-December)
  • The sessions of each House of Parliament are summoned by the President.

Question 2.
Discuss the role and functions of the Speaker of the Lok Sabha with reference to the following :
(a) Any four powers to regulate Proceedings of the House
(b) Any two Disciplinary functions
(c) Any two Administrative functions
(d) Powers under the Anti-Defection Law
Answer:
(a) Power To Regulate Proceedings Of The House.

  • The Speaker presides over the meetings of the House. All speeches and remarks made by Members of the House are addressed to him.
  • All the Bills passed by the House are autheticated by his signature, before they are sent to the other House or to the President for his assent.
  • It is the Speaker, who decides whether a particular Bill is Money Bill or not. The decision of the Speaker there on shall be final.
  • The Speaker interprets the rules of procedure of the House, for which his rulings are final.
  • He has a casting vote in case of a deadlock.
  • The Speaker chalks out the time table of the House and allots time to various items on the agenda of the House.
  • He fixes priority and decides what matter should be discussed first and what later.

(b) Disciplinary Functions

  • The Speaker preserves order in the House. He can suspend a member from the House for misconduct or adjourn the House in case of grave disorder.
  • It is his duty to safeguard the privileges of the members of the House.
  • If the Speaker is of the opinion that word or words used in the debate are indecent or unparliamentary, he may remove such words from the proceedings of the House.

(c) Administrative Functions

  • The Speaker is the chief spokesperson of the House and reports to the President, the affairs of the House. He is thus, link between the President and the House.
  • The Speaker receives all petitions and documents addressed to the House.
  • He communicates the decisions of the House to the concerned authorities and requests them to comply with such decisions.
  • He controls the visitors of the House.

(d) Powers under the Anti-Defection Law :
If there is a question as to whether a member of Lok Sabha stands disqualified, the question is referred for the decision of the Speaker. His/Her decision is final in this regard. Under the provisions of the Constitution (Ninety-first Amendment) Act 2003, the defectors will not only lose membership of the House, they are also debarred from holding any public office as that of a Minister till they are elected again.

Question 3.
With reference to the composition and organisation of the Rajya Sabha answer the following questions :
(a) What is the manner of election of its Members?
(b) What are the qualifications of the Members of the Rajya Sabha?
(c) What is the Term (Duration) of this House?
Answer:
(a) Members of the Rajya Sabha, except for the nominated ones, are elected by the elected Members of the State Legislative
Assemblies in accordance with a system of proportional representation by means of single transferable vote. The . representatives of the Union Territories, where Assemblies do not exist are elected by special electoral college as provided by law of Parliament.

(b) In order to be chosen as the Member of the Rajya Sabha, a person must fulfil the following qualifications :

  • He must be a citizen of India.
  • He must be not less than 30 years of age.
  • He must possess such additional qualification as may be prescribed by law from time to time.
  • The Representation of the People Act requires that Rajya Sabha candidates must be the residents of the State or the Union Territory from where they are seeking election.

(c) The Rajya Sabha is a permanent House not subject to dissolution as a whole. Members of the Rajya Sabha enjoy a six-year term one-third of its total Members retire every two years and a new batch is elected to the seats, thus vacated.

Question 4.
Parliament today is not a law-making body only; it has become. a multi-functional institution. In this context make a mention
of its following powers and functions :
(a) Two of its Legislative powers
(b) Two of its Judicial powers
(c) Two of its Electroal functions.
(d) Its Representational and Grievance-Ventilation role
Answer:
(a) Matters in the Union List and the Concurrent List:
The Parliament has exclusive powers to make laws with respect to matters mentioned in the Union List. Both the Parliament and the State Legislatures have the right to make laws on subjects mentioned in the Concurrent List. In the case of conflict between a Central and State law, the law made by Parliament shall prevail.

The Parliament can legislate even on subjects included in the State List during the Proclamation of an Emergency and in following cases.

(b) The Parliament exercises certain powers of Judicial nature as well:

  • The President can be removed from his office by Impeachment. A resolution accusing the President may be initiated in either House of Parliament. It must be passed by a majority of not less than two-thirds of the total membership of the House. The charge should ‘ then be investigated by the other House. If the other House finds the President guilty, the Impeachment succeeds and the President is removed from his office.
  • A judge of the Supreme Court or of the High Court cannot be removed by the President, except on a Joint Address by both Houses.

(c) Elected members of both Houses of Parlimament and members of Legislative Assemblies elect the President of India. The Vice-President is elected by members of both Houses of Parliament. The Speaker is elected by the Lok Sabha from among its members by a simple majority of members present and voting.

(d) Parliament is the supreme forum where people, through their representatives, seek to ventilate their grievances or desires. The MPs keep a watch over the behaviour of administration. The Opposition exposes weaknesses and failures of the Government. Moreover, there is a series of demonstrations by peasants, workers, women, students and others for or against something when the Lok Sabha is in session. The demonstrators voice the needs and aspirations of the people.

Question 5.
There are some powers exclusively in the domain of Lok Sabha. In this context mention briefly :
(a) Lok Sabha’s control over Financial Matters
(b) Its control over the Union Council of Ministers
(c) Its dominant position in the event of Disagreement between the two Houses on a Bill, other than a Money Bill. Or Were you given an opportunity to become the Member of Parlimanet, state the two most important reasons why you would like to be a Member of the Lok Sabha.
Answer:
(a) Financial Matters :

  • A Money Bill can be introduced only in the Lok Sabha.
  • Money Bill after it has been passed by the Lok Sabha is transmitted to the Rajya Sabha for its recommendations. The Rajya Sabha must return the Money Bill to Lok Sabha within a period of 14 days.
  • If the Bill is not returned within 14 days of its receipt, it shall be deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.
  • The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.
  • The Lok Sabha only has power to vote on the Demands for Grants, i. e., the Grants for various Ministries under the Budget of the Government of India. The Rajya Sabha may discuss the Grants, but it has no power to vote on them.
  • If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the Lok Sabha thereon shall be final.

(b) Control over the Union Council of Ministers :

  • The Union Council of Ministers (is collectively responsible to the Lok Sabha. The President invites the leader of the party or parties having the support of more than half the members of the Lok Sabha to form the Government. An important function of the Lok Sabha is to make and throw out governments.
  • The Ministers continue in office so long as they enjoy the confi-dence of a majority of Members in the Lok Sabha.
  • No-Confidence Motion against the Council of Ministers can be moved only in the Lok Sabha. If the Motion is passed, it implies loss of confidence and the Prime Minister has to submit resignation of his Council of Ministers.
  • An Adjournment Motion is one of the ways through which the Lok Sabha exercises control over the Ministers. It is moved only in Lok Sabha, because it indicates a strong disapproval of the policy of Government.

(c) Disagreement between the two Houses on a Bill, other than a Money Bill, is resolved by both the Houses in joint sitting. Here matters are decided by majority vote. Since the total membership of Rajya Sabha is less than even half of the total strength of Lok Sabha, the will of the Lok Sabha would naturally prevail at a joint sitting. Moreover, such joint sittings are presided over by the Speaker of Lok Sabha.

Question 6.
There are some powers exclusively in the domain of Rajya Sabha. In this context mention briefly its position and powers regarding :
(a) The making of laws on matters cited in the State List
(b) Creation of new All-India Services.
Answer:
(a) The Rajya Sabha has the power to declare that it would be in the national interest for the Parliament to enact a law on a matter in the State List. If Rajya Sabha passes such a Resolution by a two-thirds majority, the Parliament can make laws for the whole or any part of the country on any matter given in the State List.

(b) Creation of One or More All-India Services: The Rajya Sabha may by a two thirds majority pass a resolution that it is necessary in the national interest to create one or more All-India Services.

There upon Parliament may by law create new services. This power of the Rajya Sabha is also in keeping with the Federal character of the Constitution. We know that members of the All-India Services hold many important posts in the States. Therefore, Makers of the Constitution took the view that additional All-India Services could be created by the consent of the States.

Question 7.
In respect of the legislative powers of the Union Parliament, briefly describe :
(a) Its power to make laws on subjects mentioned in the Union List and the Concurrent List
(b) Its Residuary Powers
(c) Its role regarding an Ordinance promulgated by the President
(d) Its power to make a law on a matter in the State List
Answer:
(a) The Parliament is the law-making body at the Central level. It frames newr laws, amends or repeals them, 97 on all subjects of the Union List. As far as the 47 subjects in the Concurrent List, both the Parliament and the State Legislatures have the right to make laws. But if any State law comes into conflict with the Central law, the Central law shall prevail.

(b) Parliament possesses Residuary Powers. It means that it can make laws, amend or repeal them, with respect to all those matters, which are not mentioned in any of the three lists. The Union List, The State List and The Concurrent List.

(c) The President may issue an ordinance at a time when the Parliament is not in session. However, all the ordinances must be laid before both the Houses for their approval. Ordinances cease to operate at the expiry of 6 weeks from the re-assembly of Parliament, unless they are approved by the House.

(d) The Parliament can also legislate on 66 subjects included in the State List, in the following circumstance :

  • During tne proclamation of a national emergency, Parliament acquires the power to make laws regarding any and every State subject.
  • In the event of a breakdown of the Constitutional machinery in a State, the Parliament assumes the legislative authority regarding the State. Even the budget of the concerned State is passed by the Parliament.
  • If the Rajya Sabha passes a resolution by a two-thirds majority that a subject in the State List has assumed national importance, the Union Parliament may legislate on that subject.
  • When two or more States, desire that the Parliament should legislate on the subject given in the State List. Though the act shall extend only to the consenting State.
  • The Union Parliament can make laws on subject included in the State List, for the discharge of International Commitments.

Question 8.
Describe how does the Parliament exercises control over the National Finance in respect of :
(a) The Annual Budget
(b) Supplementary Grants
(c) Vote on Account
Answer:
(a) The Parliament is the sole custodian of the Union Finances. It passes the annual budget containing estimates of income and expenditure of the Union Government for the coming year. The Budget is presented into two parts, namely the Railway Budget and the General Budget. The estimates of expenditures in the General Budgets are shown in two parts.

  • Expenditure charged on the Consolidated Fund of India.
  • The sums required to milt other expenditures of the Government. The expenditure charged on the Consolidated Fund of India, includes the salary and allowances of the President, Judges of the Supreme Court and other top officials. However, this expenditure does not require an annual vote of Parliament. The other expenditure is submitted in the form of Demand for grants to the Lok Sabha.

(b) If the amount authorised for the current financial year is found to be insufficient, the Government may make a fresh demand known as the ‘Supplementary Grants’.

(c) In case, the Budget is not passed before the beginning of the new financial year i.e., April 1, there would be no money for the Executive to spend. There is, therefore, a device known as ‘Vote on Account’ which authorises to draw funds from the consolidated Fund until the Budget was passed by the Parliament.

Question 9.
Describe how Parliament controls the Executive through the following procedures :
(a) Interpellation (Question Hour)
(b) Adjournment Motions
(c) Censure Motion and No-Confidence Motion
Answer:
(a) The Question Hour, calling Attention Notices and Half-an-Hour discussions constitute, important devices to seek information from the Government about its policies and performance in various spheres. Of these, the most important is the Question Hour, which is held in the first hour of sitting in both House. The main purpose behind asking question is to obtain information on a matter of public importance or to ventilate a grievance. Thus, Question Hour is a valuable protection against injustice and slackness on the part of the government.

(b) The Motion for adjournment furnishes the opportunity to censure the acts of omission and commission of the Ministers. Adjournment Motion may hold on subjects like-killing of a senior IPS officer in place of worship and death of several persons due to the consumption of unlicensed liquor. The real object of an adjournment motion however, is to bring to light the inefficiency of the Government in handling a particular situation and also to draw attention to matters of public importance and ask for suitable action.

(c) Censure Motion implies motion moved against the Council of Ministers or an individual minister, expressing a strong disapproval of their policy or their deeds. Thus, the adoption of the Censure motion would result in the resignation of the Government, though a vote on censure against a particular Minister has no such effect. No-Confidence Motion is moved by member or leader of the opposition. If a successful motion of no-confidence is passed in the Parliament, the Council of Ministers have to resign. Through this motion, members can discuss the general policies of the Government in detail and not the matter of a particular bill.

Question 10.
The two Houses of Parliament enjoy co-equal powers in many spheres, except in financial matters and in regard to the control over the Executive (Council of Ministers). Discuss the relationship and points of difference between the two houses in the following spheres :
(a) Legislative Sphere
(b) Control over the Executive
(c) Election and Impeachment of the President of India
Or
Describe the relative roles of the two Houses, bringing out clearly the fact that Loh Sabha is more powerful than the Rajya Sabha.
Answer:
1. The Lok Sabha and the Rajya Sabha have equal powers with regard to ordinary bills or Non-Money Bills. An ordinary Bill can originate in either House of Parliament and must be passed by both the Houses, before going for the President’s assent. In case of a deadlock between the two Houses over a bill, it is to be resolved in a joint session of the House with the Speaker of the Lok Sabha in the chair. As the membership of the Lok Sabha is double the membership of the Rajya Sabha, it is the will of the Lok Sabha that prevails on the strength of its majority in the joint session.

In case of Money Bill, the Rajya Sabha is weaker than that of the Lok Sabha. Firstly, a Money Bill can originate only in the Lok Sabha. Secondly, when any Money Bill is passed by the Lok Sabha, the Rajya Sabha has no power whatsoever to make a change in it against the will of the Lok Sabha. It can, at the most, delay a Money Bill by sitting over it for fourteen days. After the expiry of the period, the Bill is supposed to be passed by the Rajya Sabha and can be sent for the President’s signatures.

2. The members of both the Houses Control the Executive by putting questions to ministers about the work of their departments. They discuss all matters of public importance. But, here again, Lok Sabha has more power than the Rajya Sabha. The Council of Ministers is responsible only to Lok Sabha. The Rajya Sabha though has no power to pass a Motion, expressing no-confidence in the Council of Ministers, Adjournment Motion can be moved only in Lok Sabha. The motion indicates strong disapproval of the policy of the Government. No doubt, the position of Lok Sabha is stated to be more important than that of the Rajya Sabha.

3. The Constitution puts Rajya Sabha on an equal footing with Lok Sabha in matters such as election and impeachment of the President, removal of the Judges of Supreme Court and the High Courts, proclamation of emergency, issue of Ordinances and Constitutional amendments. However, in these matters also, the Lok Sabha has a greater say because of its numerical strength.

Thus, the fact remains that Lok Sabha is powerful than the Rajya Sabha. It however, does not undermine the position of Rajya Sabha as a second chamber in the Indian Parliament.

Question 11.
Discuss the procedure to be followed by the Union Parliament in passing :
(a) Ordinary (Non-Money) Bills
(b) Money Bills
Answer:
(a) The Ordinary (Non-Money) Bill can be passed in either House of Parliament. It goes through following stages :

A Minister or Member-in-charge of the Bill first seeks the leave of the House to introduce the Bill. If the Bill is an important one, the Minister makes a brief speech, stating its main features. After the Bill has been introduced, the First Reading is deemed to be over.

The Second Reading of the Bill involves three stages. In the first stage, general discussion of the Bill takes place. At this stage, Bill may either be taken into consideration straight way or may be referred to a select committee. Thirdly, it may be circulated for eliciting opinion thereupon. In the Second Stage, the Committee examines the Bill thoroughly, clause by clause. After the Bill has been examined in detail by the Committee, it drafts a report. The Third Stage involves clause by clause consideration. When all the clauses have been put to vote and disposed off, the Second Reading of the Bill is over.

The debate on the Third Reading of a Bill is of a restricted character. It is confined only to arguments either in support of the Bill or for its rejection, without referring to the details there of. After the Bill is passed, it is sent to the other house.

After the Bill has been passed in one House, it goes to other House, where it undergoes similiar stages. The other House may either pass the Bill or send back with some amendments. Thus, in case of such disagreement or in case when more than six months elapse without the Bill being passed by the other House, the President may summon a joint session, presided by the Speaker. The Bill is deemed to have been passed by both the Houses, if a majority of the members agree to it.

A Bill passed by both the Houses of the Parliament is then sent to the President. The President has the following

options :

  1. He may give his assent. Thus, the Bill becomes a law.
  2. He may reject it outright and sent it back to the Parliament. In such a case, if the Parliament passes the Bill as it was for the second time, the President cannot with hold his consent and it becomes a law after his signatures.
  3. He may propose some amendments. Though Parliament is not bound to accept them. It may accept the amendments or pass the Bill as it is. Now, the President is obliged to sign it to make a law.

(b) The procedure adopted for the’ passage of the Money Bill is slightly different from that adopted for Ordinary Bills.

  1. Prior Presidential Approval
    The Money Bill can be introduced only by Lok Sabha with the prior approval of the President.
  2. Introduction
    A Money Bill is generally introduced by the Finance Minister. He makes a policy statement regarding finance on that occasion. The opposition is also free to speak on these matters.
  3. Second Reading
    As in the case of Ordinary Bill, an itemwise discussion on the Bill takes place. Amendments are proposed and voted in respect of each item. In this way, the Whole Bill is cleared.
  4. Third Reading
    The Third Reading is only a formality. A majority votes decides the passage or rejection of the Bill.
  5. Money Bill In The Rajya Sabha
    After its clearance in the Lok Sabha, a Money Bill is sent to the Rajya Sabha, which is allowed 14 days.
    During this period, the Rajya Sabha.
    • may pass it
    • may reject it
    • may propose certain amendments and return it to the Lok Sabha
    • may sit over it

Lok Sabha, however is not bound to accept the amendments proposed by Rajya Sabha, nor there is any provision for joint sitting. After the Lapse of 14 days, the Bill is deemed to be passed and sent for President’s assent.

Question 12.
Discuss the advantages claimed for the Rajya Sabha under the following heads : Better Representation of the Changing Public Opinion
Answer:
The Rajya Sabha is a permanent House, not subject to dissolution, one-third of its members retire every years and a new batch is elected to the seats, thus vacated. This in a way keeps the House in touch with new issues and changing thought currents. Thus, Rajya Sabha is an influential and useful body in giving better representation of new issues and Changing Public Opinion.

Question 13.
Discuss the procedure laid down for the passage of Non-Money (Ordinary) Bills by the Parliament under the following heads :
(a) First Reading of the Bill
(b) Second Reading of the Bill
(c) Third Reading of the Bill
(d) Procedure in the Other House
(e) President’s Assent
Answer:
The Ordinary (Non-Money) Bill can be passed in either House of Parliament. It goes through following stages :

(a) A Minister or member-in-charge of the Bill first seeks the leave of the House to introduce the Bill. If the Bill is an important one, the Minister makes a brief speech, stating its main features. After the Bill has been introduced, the First Reading is deemed to be over.

(b) The Second Reading of the Bill involves three stages. In the first stage, general discussion of the Bill takes place. At this stage, Bill may either be taken into consideration straight way or may be referred to a select committee. Thirdly, it may be circulated for eliciting opinion thereupon. In the Second Stage, the Committee examines the Bill thoroughly, clause by clause. After the Bill has been examined in detail by the Committee, it drafts a report. The Third Stage involves clause by clause consideration. When all the clauses have been put to vote and disposed off, the Second Reading of the Bill is over.

(c) The debate on the Third Reading of a B ill is of a restricted character. It is confined only to arguments either in support of the Bill or for its rejection, without referring to the details thereof. After the Bill is passed, it is sent to the other house.

(d) After the Bill has been passed in one House, it goes to other House, where it undergoes similiar stages. The other House may either pass the Bill or send back with some amendments. Thus, in case of such disagreement or in case when more than six months elapse without the Bill being passed by the other House, the President may summon a joint session, presided by the Speaker. The Bill is deemed to have been passed by both the Houses, if a majority of the members agree to it.

(e) A Bill passed by both the Houses of the Parliament is then sent to the President. The President has the following options

  • He may give his assent. Thus, the Bill becomes a law.
  • He may reject it outright and sent it back to the Parliament. In such a case, if the Parliament passes the Bill as it was for the second time, the President cannot withhold his consent and it becomes a law after his signatures.
  • He may propose some amendments. Though Parliament is not bound to accept them. It may accept the amendments or pass the Bill as it is. Now, the President is obliged to sign it to make a law.

Question 14.
Discuss as to how the Money Bills are passed by the Union Parliament.
Answer:
The procedure adopted for the passage of the Money Bill is slightly different from that adopted for Ordinary Bills.

  1. Prior Presidential Approval
    The Money Bill can be introduced only by Lok Sabha with the Prior Approval of the President.
  2. Introduction
    A Money Bill is generally introduced by the Finance Minister. He makes a policy statement regarding finance on that occasion. The opposition is also free to speak on these matters.
  3. Second Reading
    As in the case of Ordinary Bill, an itemwise discussion on the Bill takes place. Amendments are proposed and voted in respect of each item. In this way, the Whole Bill is cleared.
  4. Third Reading
    The Third Reading is only a formality. A majority votes decides the passage or rejection of the Bill.
  5. Money Bill In The Rajya Sabha
    After its clearance in the Lok Sabha, a Money Bill is sent to the Rajya Sabha, which is allowed 14 days. During this period, the Rajya Sabha.
  • may pass it
  • may reject it
  • may propose certain amendments and return it to the Lok Sabha
  • may sit over it

Lok Sabha, however is not bound to accept the amendments proposed by Rajya Sabha, nor there is any provision for joint sitting. After the Lapse of 14 days, the Bill is deemed to be passed and S sent for President’s assent.

Question 15.
Discuss the procedure for the passing of the Union Budget under the following headings.
(a) Presentation of the Budget
(b) Voting of Demands
(c) Appropriation Bill
(d) The Finance Bill, i
Answer:
(a) The Budget is the annual financial statement of the sources of income and the items of expenditure for the coming year. It is presented in two parts, namely the Railway Budget and the General Budget. The Railway Budget is introduced by the Railway Minister and the General Budget by the Finance Minister.

The presentation of Genera] Budget is accompanied by the Budget speech in which the Finance Minister reviews the general financial conditions. The estimates of expenditure are submitted in the form of Demands for grants to the Lok Sabha.

(b) The power of voting money belongs exclusively to the Lok Sabha. The Rajya Sabha has no share in it. A separate demand is made for each department of the Government.

(c) After the grants have been made by the Lok Sabha, a comprehensive proposal known as the Appropriation Bill is prepared. It includes all the grants made by the Lok Sabha together with the expenditure charged on the Consolidated Fund of India. After being passed by the Lok Sabha, it is sent to the Rajya Sabha, which must return it to the Lok Sabha with its recommendations within fourteen days.

(d) The Appropriation Act comprises the expenditure part of Budget. But income for meeting the expenditure is embodied in another Bill known as the Finance Bill. It includes all proposals of new taxes ad well as changes in the rates of income tax, duties and customs.

Question 16.
For the purpose of Amendment the provisions of the Constitution fall under three categories. In this context, briefly describe :
(a) The procedure to be followed with respect to each category
(b) Those basic features of the Constitution that Parliament has no power to revoke
Answer:
(a) The founding fathers of Constitution have provided three ways for amending the Constitution.
(i) Through Simple Majority
(a) The qualification for citizenship.
(b) Creation of new states or reconstruction of existing ones.
(c) Creation or abolition of upper chambers in the State and nearly two dozen articles can be amended by Parliament by simple majority.

(ii) Through Two-Thirds Majority
In such case, a Constitutional amendment must be passed by a majority of the total membership and by a majority of not less than 2/3rds of the member present and voting.

(iii) According to the third method of amendment, the Constitution can be changed by a two-thirds vote in Parliament, followed by the verification by the legislatives of atleast one half of the States.

(b) The Supreme Court held that Parliament cannot change any provision of the Constitution provided it damages the basic structure of the Constitution. The four basic features of the Constitution are:

  1. Republican and Democratic form of Government.
  2. Secular character of the Constitution.
  3. Separation of powers.
  4. Federal set up.

Thus, Parliament cannot amend the basic structure of the Constitution, though it is definetly a powerful legislative organ, which has the sole right to amend the Constitution.

Question 17.
With reference to the functions and powers of the Rajya Sabha answer the following questions :
(a) What are its legislative powers ? (b) What are its financial powers ? (c) What are its administrative powers ? (d) What are its exclusive (special) powers ?
Answer:
(a) Legislative Powers
Rajya Sabha enjoys following legislative powers :

  • All bills other than Money Bill can originate in the Rajya Sabha.
  • No Bill can become a law unless agreed to by both the Houses.
  • In case of disagreement, the President may summon both the Houses in a joint meeting at the joint sitting, questions are decided by a majority of the members of the House present and voting.

(b) Financial Powers
In financial matters, Lok Sabha is Supreme, the Rajya Sabha has only an advisory role. A Money Bill can originate in the Lok Sabha only. After a Money Bill has been passed by the Lok Sabha, it is sent to Rajya Sabha for its recommendations. The Rajya Sabha must return the Bill to the Lok Sabha within a period of 14 days with its recommendations.

(c) Administrative Powers
The Constitution holds the Council of Ministers responsible only to the Lok Sabha. Though the Rajya Sabha can also exercise control over it by means of questions, discussion and debates. Moreover,
Ministers may be appointed from its members. The Constitution permits a Minister, who is not a member of the Rajya Sabha, take part in its proceedings. However, he has no right to vote.

(d) Exclusive Powers
The Constitution recognises the Rajya Sabha as the House, representing the states of the Indian Union. Therefore, it enjoys some special powers, which are exclusive to the Rajya Sabha and not enjoyed by the Lok Sabha. Firstly, Rajya Sabha, may in the national interest declare by a resolution that Parliament should make laws with to a matter in the State List. Secondly, it may declare that the creation of a new All-India Services is in National interest. There upon, Parliament may by law, create new service. Thirdly, resolution for impeaching the Vice-President can be intiated only by Rajya Sabha. Fourthly, Rajya Sabha has the power to constitute or abolish the second House in the State Legislative.

Question 18.
Explain the advantages claimed for the Rajya Sabha under the following headings :
(a) Its Role in India’s Federal setup
(b) It is a Permanent Chamber
(c) Means of giving Representation to Independent Talented Persons (or Special Interests and Classes in the country)
Answer:
(a) The Constitution recognises Rajya Sabha is a ‘Council of States’ i. e., a House representing the States of the Indian Union. Therefore, the Rajya Sabha has a peculiar character and enjoys following special powers :

  • Its members are elected by the State Legislative Assemblies and Assemblies of the Union Territories of Delhi and Pondicherry.
  • The Rajya Sabha may by a two-thirds majority pass a resolution that Parliament should make laws with respect to any matter given in the State List. In that case, the Parliament may make laws with respect to that matter.
  • The Rajya Sabha may be two-thirds majority pass a resolution that it is necessary in the National interest to create one or more all India services. There upon Parliament may by law, create new services.

(b) The Rajya Sabha is a continuing House. In simple words, it is a Permanent Chamber, not subject to dissolution like the Lok Sabha. Thus, it has to play the major role during the periods, when Lok Sabha is dissolved. This relates to the approval of Proclamation of Emergency by the President and President’s Rule in a State.

(c) The Lok Sabha, also called, Mini-India, reflects the views and demands of the masses. The Lok Sabha is elected on the basis of adult franchise. On the other hand, Rajya Sabha provides a convenient means of giving representation to independent talented persons. The Constitution, thus, makes provision for the nomination of such persons in the Rajya Sabha as have a special knowledge in respect of such matters as literature, science, art or social service. The Parliament could have the benefit of the views of such independent and talented persons as Lata Mangeshkar, who usually avoid the hustle and bustle of politics.

Extra Practice Questions

Question 1.
When did both the houses of Parliament meet for the first time after the first General Elections?
Or What is the importance of 13th May, 1952?
Answer:
Both Houses of Parliament met for the first time after the General elections on 13th may, 1952.

Question 2.
What is the present strength of the Lok Sabha?
Answer:
At present, the Lok Sabha consists of 545 members including the two nominated Anglo Indians.

Question 3.
Can a person be a member of both the Houses of Parliament?
Answer:
No, a person can not be the member of both the Houses i.e., the Lok Sabha the and Rajya Sabha simultaneously.

Question 4.
Which act disqualifies a person from the membership of Parliament and State Legislature?
Answer:
The Representation of the People’s Act, 1951.

Question 5.
Who summons the sessions of each House of Parliament.
Answer:
The President

Question 6.
How can the Speaker be removed?
Answer:
The Speaker can be removed from his office by a resolution passed by a majority of the members of the House present and voting. For moving the resolution, a notice of atleast 14 days has to be given.

Question 7.
Who presides over the first sitting of a newly elected Lok Sabha after the General Elections?
Answer:
Protem Speaker, presides over the first sitting of a newly elected Lok Sabha after the General Elections.

Question 8.
Who was the Speaker of 14th Lok Sabha?
Answer:
Somnath Chatterjee.

Question 9.
What is the position of speaker ?
Answer:
The office of speaker enjoys great honour and responsibility. He ranks higher than all Cabinet Ministers other than the Prime Minister himself.

Question 10.
How have been the seats in Rajya Sabha allocated to the states and the Union Territories?
Answer:
The seats have been allocated to the States and the Union Territories on the population basis.

Question 11.
Which State has the highest representation in the Rajya Sabha?
Answer:
Uttar Pradesh, has the highest representation in Rajya Sabha by 31 members.

Question 12.
What is the present strength of Rajya Sabha?
Answer:
The Rajya Sabha consists of 245 members of whom 12 are nominated by the President.

Question 13.
Who elects the Deputy Chairman?
Answer:
The Rajya Sabha elects the Deputy Chairman from amongst its own members. He presides over the sitting of the House in the absence of the Chairman.

Question 14.
What do you mean by ‘Vote on Account’?
Answer:
‘Vote on Account’ is a device which authorises the executive to draw funds from the Consolidated Fund until the budget is passed by the Parliament.

Question 15.
Who can adjourn the House?
Answer:
The Speaker.

Question 16.
Who can proro gue the House?
Answer:
The President.

Question 17.
What do you mean by a Bill?
Answer:
A Bill is the draft of a legislative proposal, which when passed by both Houses of Parliament assented to by the President, becomes an Act.

ICSE History and Civics Class 10 Goyal Brothers Prakashan Solutions

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