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Section A — Chapter 1

The Union Parliament

Class 10 - APC Modern History & Civics Solutions


Short Answer Questions

Question 1

What is meant by the Federal Setup in India?

Answer

A Federal Setup involves a dual government, i.e., the national government and the governments of the component states.

Question 2

What is the importance of a Federal Setup in a country like India?

Answer

In countries like India where the people belong to different races or regions, with their own customs and languages, Federation seems to be the only plan to keep them united.

Question 3

Mention an important federal feature of the Indian Constitution.
Or
Name the two sets of authority under Federal Setup in India.

Answer

An important federal feature of the Indian Constitution is the dual government. In India there are two sets of authority:

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

Question 4

What are the three constituents of the Indian Parliament?

Answer

The three constituents of the Indian Parliament are-

  1. Lok Sabha
  2. Rajya Sabha
  3. The President

Question 5

Name the two Houses of the Indian Parliament.

Answer

The two Houses of the Indian Parliament are-

  1. Lok Sabha
  2. Rajya Sabha

Question 6

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 550.

(Note — Previously, it used to be 552 members with two members of the Anglo-Indian community nominated by the President. The 104th Constitutional Amendment Act passed in January 2020 did away with the nomination of Anglo-Indians to Lok Sabha and certain state assemblies. The reservation was provided for a period of 70 years which expired on January 25, 2020.)

Question 7

How many Members may the President nominate to the Lok Sabha? Whom do the nominated Members represent?

Answer

In addition to the elected 550 members, two members of the Anglo-Indian community may be nominated by the President to the Lok Sabha, in case he feels that this community is not adequately represented.

(Note — The 104th Constitutional Amendment Act passed in January 2020 did away with the nomination of Anglo-Indians to Lok Sabha and certain state assemblies. The reservation was provided for a period of 70 years which expired on January 25, 2020.)

Question 8

How are the Members of the Lok Sabha elected?
Or
What is meant by the term 'Universal Adult Franchise'?

Answer

The members of the Lok Sabha are elected by direct election on the basis of universal adult franchise. Thus every person who has attained the age of 18 years is entitled to vote provided he is not otherwise disqualified.

Question 9

What is meant by reservation of Seats in the Lok Sabha?
Or
For whom are the Seats reserved in the Lok Sabha?

Answer

Seats have been reserved in the Lok Sabha for-

  1. The Scheduled Castes
  2. The Scheduled Tribes

In a reserved constituency persons belonging only to these Castes and Tribes can contest an election, but all electors are allowed to vote.

Question 10

Mention any two qualifications an Individual should have in order to be elected or chosen as a Member of the Lok Sabha?

Answer

In order to be chosen a member of the Lok Sabha a person-

  1. must be a Citizen of India.
  2. must be not less than twenty-five years of age.

Question 11

What is the normal duration (term) of the Lok Sabha?

Answer

The normal duration (term) of the Lok Sabha is five years, if it is not dissolved earlier.
When a Proclamation of Emergency is in operation, the life of the House may be extended by a law of Parliament. But this extension shall in no case be more than a year at a time.

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 gap allowed between two sessions of the Parliament is 6 months.

Question 13

What is meant by Session of the House?

Answer

The period during which the parliamentarians convene and conduct the business of each House is referred to as a session.

Question 14

What is Quorum? What is the Quorum to constitute a meeting of the Lok Sabha?

Answer

A quorum is 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 one-tenth of the total number of members. This includes the Speaker or the person who presides over the meeting. Thus atleast 55 members should be present at the beginning of the sitting each day.

Question 15

Who is the Principal Presiding Officer of the Lok Sabha?

Answer

The Speaker is the Principal Presiding Officer of the Lok Sabha.

Question 16

How is the Speaker of the Lok Sabha elected?

Answer

The Speaker is elected by the House from among its members by a simple majority of members present and voting.

Question 17

How is a person removed from the Office of Speaker?

Answer

The Speaker holds office until he ceases to be a member of the House or until he himself resigns his office. He can be removed from his office by a resolution passed by a majority of all the then Members of the House. The Speaker does not vacate his office on the dissolution of the House. He vacates it immediately before the first meeting of the newly constituted House.

Question 18

How is the Deputy Speaker of Lok Sabha elected?

Answer

The Deputy Speaker is elected by the House from among its members by a simple majority of members present and voting.

Question 19

Mention an important power or function of the Speaker of Lok Sabha.

Answer

The Speaker of Lok Sabha presides over meetings of the House. All speeches and remarks are addressed to the Chair.

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 nominated members are twelve in number. They are nominated by the President from among persons having special knowledge or practical experience in matters such as literature, science, art and social service. The principle of nomination enabled 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

Representatives of States in the Rajya Sabha are elected by the elected Members of the Legislative Assembly of each State. This is done in accordance with the system of proportional representation by means of the Single Transferable Vote.

The representatives of the Union Territories shall be chosen in such manner as Parliament may prescribe. The three representatives from Delhi are elected by the Members of the Legislative Assembly. In the case of Jammu and Kashmir the Parliament shall prescribe whether the method of representation will be similar to Delhi or it is different from that.

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 a member of the Rajya Sabha, a person-

  1. must be a Citizen of India.
  2. must be not less than 30 years of age.
  3. 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 cannot be dissolved by the President of India. It is a permanent body. One-third of its members retire at the end of every second year. It means that the members of the Rajya Sabha have a six-year term.

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

The Money bill cannot be introduced in the 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 with the Federal character of the Constitution.

Answer

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. Thereupon Parliament may by law create new services.

Question 29

Mention any one exclusive power assigned to the Lok Sabha by the Constitution.
Or
Mention any one matter which shows that Lok Sabha is more powerful than the Rajya Sabha.

Answer

Lok Sabha is more powerful than the Rajya Sabha in 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.

Question 30

Name the three Lists which distribute the subjects of legislation between the Union and the States.

Answer

The three Lists which distribute the subjects of legislation between the Union and the States are-

  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

The Parliament and the State Legislatures both 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.

Question 32

What is meant by 'Residuary Powers'? Whom do these powers belong to?

Answer

Parliament possesses residuary powers. It means that it can 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.

These powers belong to the Parliament.

Question 33

Mention any one circumstance under which the Union Parliament may make laws on subjects in the State List.

Answer

The Union Parliament may make laws on subjects in the State List in the following cases:

  1. During the Proclamation of an Emergency.
  2. When the Rajya Sabha passes a resolution by a two-thirds majority that a subject in the State List has assumed national importance.
  3. When two or more States desire that the Parliament should legislate on a subject given in the State List.

Question 34

How does the Union Parliament exercise control over the National Finance?

Answer

A Money Bill can only be introduced in the Lok Sabha. It is then transmitted to the 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. The Lok Sabha is free to accept or reject the recommendations made by Rajya Sabha in money matters.
As regards financial powers of the Union Parliament, mention may be made of a few other provisions also.

  1. The Budget
  2. Supplementary Grants
  3. Vote on Account
  4. Salaries of MPs, Ministers and Judges of the Supreme Court and High Courts

Question 35

What is meant by the 'Consolidated Fund of India'?

Answer

All revenues received by the Government of India, all monies raised by loan and all monies received in repayment of loans shall form one consolidated fund and will be called the "Consolidated Fund of India". No monies can be issued out of this Fund except in accordance with a law made by Parliament. However, certain expenditure charged upon the Consolidated Fund of India does not require the annual approval of Parliament.

Question 36

Which part of the Budget is not put to vote in the Parliament?
Or
Name any two expenditures charged on the Consolidated Fund of India.

Answer

The expenditure charged on the Consolidated Fund of India includes the salaries and allowances of the President, the Speaker, the Deputy Speaker, the Chairman, the Deputy Chairman, Judges of the Supreme Court and High Courts, etc. This expenditure does not require an annual Vote of Parliament.

Question 37

Mention two ways in which the Lok Sabha exercises control over the Executive (the Union Council of Ministers).

Answer

The Lok Sabha exercises control over the Executive (the Union Council of Ministers) in the following ways-

  1. The Union Council of Ministers is collectively responsible to the Lok Sabha. 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 confidence of a majority of Members in the Lok Sabha.
  2. 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.

Question 38

Mention any two Elective (or Electoral) functions of the Union Parliament.

Answer

The Parliament performs certain electoral duties also, such as

  1. Elected members of both Houses of Parliament and members of Legislative Assemblies elect the President of India.
  2. The Vice-President is elected by members of both Houses of Parliament.

Question 39

Mention any two Judicial functions of the Union Parliament.

Answer

Two Judicial functions of the Union Parliament are-

  1. The President can be removed from his office by Impeachment. A resolution accusing the President may be initiated in either House of Parliament.
  2. The Parliament may punish a person for obstructing the work of Parliament or showing disrespect for the House.

Question 40

Mention an important privilege of the Members of Parliament.

Answer

The Constitution lays down that there shall be freedom of speech in Parliament. No member shall be liable to proceedings in any Court for anything said or any Vote given by him in Parliament.

Question 41

Mention two important occasions when the President addresses a Joint Sitting of the two Houses of Parliament.

Answer

Two important occasions when the President addresses a Joint Sitting of the two Houses of Parliament are-

  1. The President addresses the Joint Sitting of the two Houses at the commencement of the First Session after each General Election.
  2. The President addresses both Houses of Parliament at the commencement of the first session of each year, i.e., the Budget Session.

Question 42

Explain the following terms:

(a) Starred Questions

(b) Unstarred Questions

(c) An Adjournment Motion

(d) Speaker's Casting Vote

Answer

(a) Starred Questions — Starred Questions are those to which a member wishes to have an oral answer on the floor of the House. Such questions are distinguished by an asterisk. Supplementary questions may be asked after replies to such questions given by the Ministers.

(b) Unstarred Questions — Unstarred Questions do not carry an asterisk mark. Answers to them are given in a written form. No supplementary questions can be asked thereon.

(c) An Adjournment Motion — 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. Therefore, the Speaker applies a rigorous test for the admissibility of Adjournment Motions.

(d) Speaker's Casting Vote — 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. This Vote decides 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 a No-Confidence Motion is passed, it implies loss of confidence in the Government and the Prime Minister is obliged to submit his resignation.

Question 44

How is the Censure Motion different from a No-Confidence Motion?

Answer

Censure MotionNo-Confidence Motion
Censure Motion can be moved against an individual Minister or a group of Ministers.No-Confidence Motion is moved against the entire Council of Ministers.
The Member should state the reasons why he is moving the Censure Motion. In other words, Censure Motion should specify the policies or acts that are being censured.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 is the draft of a "legislative proposal", which, when passed by both Houses of Parliament and assented to by the President, becomes an Act.

Question 47

Mention the maximum period for which a Money Bill may be delayed by the Rajya Sabha.

Answer

14 days.

Question 48

Mention the maximum period for which an Ordinary Bill may be delayed by the Rajya Sabha.

Answer

6 months.

Question 49

What procedure does the Constitution lay down for resolving deadlocks between the two Houses of Parliament?

Answer

The procedure of Joint Sitting of both the Houses of Parliament is laid down by the Constitution for resolving deadlocks between the two Houses of Parliament. The President summons both the Houses of Parliament and the Speaker of Lok Sabha presides over a Joint Sitting of both Houses of Parliament. All decisions are made by majority vote.

Question 50

Who presides over a Joint Sitting of both Houses of Parliament?

Answer

The Speaker of Lok Sabha 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

An important provision of the Constitution which clearly establishes the supremacy of Lok Sabha with regard to Money Bills is as follows-

  1. Money Bill can be introduced only in the Lok Sabha.
  2. 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.
  3. The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.

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 ground 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 provided by the Constitution is 550. Its present strength is 543 members.
(Note — The 104th Constitutional Amendment Act passed in January 2020 did away with the nomination of Anglo-Indians to Lok Sabha and certain state assemblies. The reservation was provided for a period of 70 years which expired on January 25, 2020.)

(b) Mr. K. Rajan was disqualified from election to the Lok Sabha because a person should be atleast 25 years of age to become a member of Lok Sabha.

(c) The term of the House is five years, if it is not dissolved earlier.

  1. When a Proclamation of Emergency is in operation, the life of the House may be extended by a law of Parliament.
  2. But this extension shall in no case be more than a year at a time.

(d) The three Sessions of the Indian Parliament are-

  1. Budget Session (February-May)
  2. Monsoon Session (July-September)
  3. Winter Session (November-December)

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) Any two powers regarding Parliamentary Committees

Answer

(a) Four powers of the Speaker to regulate Proceedings of the House are as follows-

  1. Speaker presides over meetings of the House. All speeches and remarks are addressed to the Chair.
  2. The Speaker decides the admissibility of questions and all Resolutions. He is the final judge to decide on the admissibility of a Motion of Adjournment.
  3. All Bills passed by the House are authenticated by his signatures before they are sent to the Rajya Sabha for its consideration or to the President for his assent.
  4. If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker thereon shall be final.

(b) Two disciplinary functions of the Speaker of Lok Sabha are-

  1. The Speaker preserves order in the House. He may name a member for suspension, if he disregards the authority of the Chair. In case of grave disorder, the Speaker may adjourn the House.
  2. If a word or words used in the debate are indecent or unparliamentary, the Speaker may expunge such words from the proceedings of the House.

(c) Two administrative functions of the Speaker of Lok Sabha are-

  1. The Speaker communicates the decisions of the House to the concerned authorities and requests them to comply with such decisions.
  2. The Speaker allows the admission of strangers and Press correspondents to the galleries of the House.

(d) Two powers of the Speaker regarding Parliamentary Committees are-

  1. The Speaker is the ex-officio Chairperson of some of the Committees of the House, such as the Business Advisory Committee and the Rules Committee.
  2. Speaker appoints Chairpersons of all Committees of the House.

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) Representatives of States in the Rajya Sabha are elected by the elected Members of the Legislative Assembly of each State.

  1. This is done in accordance with the system of proportional representation by means of the Single Transferable Vote.
  2. The representatives of the Union Territories shall be chosen in such manner as Parliament may prescribe.
  3. The three representatives from Delhi are elected by the Members of the Legislative Assembly.
  4. In the case of Jammu and Kashmir the Parliament shall prescribe whether the method of representation will be similar to Delhi or it is different from that.
  5. In 2003 the Parliament introduced an open ballot system for Rajya Sabha polls.

(b) In order to be chosen a member of the Rajya Sabha, a person-

  1. must be a Citizen of India.
  2. must be not less than 30 years of age.
  3. must possess such additional qualifications as may be prescribed by law from time to time.

(c) The Rajya Sabha is a permanent body, it cannot be dissolved by the President of India. One-third of its members retire at the end of every second year. It means that the members of the Rajya Sabha have a six-year term.

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) Four of its Legislative powers

(b) Four of its Judicial powers

(c) Two of its Electoral functions

Answer

(a) The Parliament is competent to make laws on:

  1. 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. The Parliament has 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.
  2. Residuary Powers — Parliament possesses residuary powers. It means that it can 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.
  3. Matters in the State List — The Parliament can legislate even on subjects included in the State List during the Proclamation of an Emergency and in following cases:
    1. When the Rajya Sabha passes a resolution by a two-thirds majority that a subject in the State List has assumed national importance.
    2. When two or more States desire that the Parliament should legislate on a subject given in the State List.
  4. Ordinances — The President may promulgate an Ordinance at a time when the Parliament is not in session. All Ordinances must be laid before both the Houses for their approval. Ordinances cease to operate at the expiration of six weeks from the re-assembly of Parliament unless they are approved by the Houses.

(b) Four judicial powers of the Parliament are-

  1. 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.
  2. The Vice-President may be removed by a resolution of the Rajya Sabha passed by a majority of all the then members and agreed to by the Lok Sabha.
  3. 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. Such an Address has to be supported by a majority of the membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
  4. The Parliament may punish a person for obstructing the work of Parliament or showing disrespect for the House.

(c) Two electoral functions of the Parliament are-

  1. Elected members of both Houses of Parliament and members of Legislative Assemblies elect the President of India.
  2. The Vice-President is elected by members of both Houses of Parliament.

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 Parliament, state a few important reasons why you would like to be a Member of the Lok Sabha.

Answer

(a) Lok Sabha has exclusive control over financial matters.

  1. A Money Bill can be introduced only in the Lok Sabha.
  2. 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.
  3. The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.
  4. Only the Lok Sabha 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.

(b) Lok Sabha has exclusive control over the Union Council of Ministers.

  1. The Union Council of Ministers is collectively responsible to the Lok Sabha. 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 confidence of a majority of Members in the Lok Sabha.
  2. 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.
  3. 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.
  4. Censure Motion is also moved in Lok Sabha. It can be moved against an individual Minister or a group of Ministers. Censure Motion should specify the policies or acts that are being censured.

(c) Disagreement between the two Houses on Bill, other than a Money Bill, is resolved by both the Houses in joint sitting.

  1. Here matters are decided by majority vote.
  2. 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.
  3. Moreover, such joint sittings are presided over by the Speaker of Lok Sabha.
  4. The above provisions of the Constitution bring out clearly the fact that Lok Sabha is more powerful then the Rajya Sabha.

I would like to be a member of the Lok Sabha because the members of the Lok Sabha are directly elected by the citizens of India and hence Lok Sabha has more power than Rajya Sabha concerning the financial matters.

Question 6

There are some powers exclusively in the domain of Rajya Sabha. In this context mention briefly its position and powers regarding:

(a) Making of laws on matters cited in the State List

(b) Creation of new All-India Services

(c) Its position arising from the fact that it is a Permanent body

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) 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. Thereupon 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.

(c) Unlike the Lok Sabha, Rajya Sabha is a permanent body. It is not subject to dissolution by the President. It has to play an important role, in matters such as an approval of Proclamation of Emergency during the period when Lok Sabha remains dissolved. Rajya Sabha is a permanent body and is not subject to dissolution. This helps to make it a beneficial body, though not equal in power with the Lok Sabha.

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

Answer

(a) The Parliament has exclusive powers to make laws with respect to matters mentioned in the Union List. The Parliament and the State Legislatures both 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.

(b) Parliament possesses residuary powers. It means that it can 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.

(c) The President may promulgate an Ordinance at a time when the Parliament is not in session. All Ordinances must be laid before both the Houses for their approval. Ordinances cease to operate at the expiration of six weeks from the re-assembly of Parliament unless they are approved by the Houses.

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