The Union Legislature/The Union Parliament

Our Parliamentary system is based on

1. universal adult franchise
2. proportional representation
3. male franchise
4. male, female and adult franchise

Answer

universal adult franchise

The Lok Sabha

1. cannot have its life extended beyond 6 years
2. is never dissolved within 5 years
3. is dissolved after every 5 years
4. is never subject to dissolution

Answer

is dissolved after every 5 years

Among the disqualifications for the membership of Parliament, we can't include one of the following. That is

1. being of unsound mind
2. not being a graduate
3. holding office of profit
4. being an undischarged insolvent

Answer

not being a graduate

Identify the correct statement.

1. The Rajya Sabha elects its own Chairman from among its own members.
2. The Vice President of India is elected by both the Houses of the Parliament.
3. A state of national emergency is proclaimed by the Vice President of India.
4. The Rajya Sabha can decide by three-fourths majority to set up a new All India service.

Answer

The Vice President of India is elected by both the Houses of the Parliament.

Who can suspend a member in case of misconduct in the Lok Sabha?

1. President of India
2. Prime Minister of India
3. Chief Justice of India
4. Speaker of Lok Sabha

Answer

Speaker of Lok Sabha

Which of the following statements regarding Zero Hour is incorrect?

1. It starts soon after the Question Hour
2. It starts before the Question Hour
3. It usually starts at 12 O' Clock
4. It generally lasts for an hour

Answer

It starts before the Question Hour

The Union Territory of 'Ladakh' sends

1. 4 members to the Lok Sabha
2. 5 members to the Lok Sabha
3. 3 members to the Lok Sabha
4. 1 member to the Lok Sabha

Answer

1 member to the Lok Sabha

The decision of the ............... is final with regard to the question whether a member of Lok Sabha stands disqualified under Anti-Defection Law or not.

1. President
2. Speaker
3. Prime Minister
4. Vice President

Answer

Speaker

How many members constitute the quorum of the Lok Sabha?

1. 45 members
2. 55 members
3. 35 members
4. 50 members

Answer

55 members

Passing of which of the following motions obliges the Government to resign?

1. Censure motion
2. No-Confidence motion
3. Call Attention motion
4. Privilege motion

Answer

No-Confidence motion

Who among the following takes over the administration of a state on the breakdown of the Constitutional machinery in the state under Article 356 of the Indian Constitution?

1. Prime Minister of India
2. Vice President of India
3. Chief Minister of State
4. President of India

Answer

President of India

The constituents of India's Parliament are Lok Sabha, Rajya Sabha, and

1. Prime Minister
2. President
3. Union Cabinet
4. None of these

Answer

President

The maximum strength of Lok Sabha is

1. 544
2. 550
3. 552
4. 545

Answer

550

The different subjects for legislation have been divided into three lists, i.e. the Union List, the State list and the

1. Residuary List
2. Concurrent List
3. Central List
4. Autonomous List

Answer

Concurrent List

When the ............... remains dissolved especially during proclamation of Emergency then the Rajya Sabha acts as Union Legislature.

1. Vidhan Parishad
2. Lok Sabha
3. Lok Parishad
4. Vidhan Sabha

Answer

Lok Sabha

In which of the following Houses, the Chairperson is not the member of that House?

1. Vidhan Sabha
2. Lok Sabha
3. Rajya Sabha
4. None of these

Answer

Rajya Sabha

After being elected as Speaker of the Lok Sabha a person

1. remains a member of his party
2. is not a member of Parliament
3. becomes a non-party man
4. may or may not remain a party man

Answer

becomes a non-party man

In the question given below, there are two statements marked as Assertion (A) and Reason (R). Read the statements and choose the correct option.

1. Both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
2. Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).
3. Assertion (A) is true, but Reason (R) is false.
4. Assertion (A) is false, but Reason (R) is true.

Assertion (A): In case of a Money Bill, the Rajya Sabha has almost no powers.

Reason (R): The Rajya Sabha can make no changes and at the most it can delay it for 14 days.

Answer

Both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).

Explanation — After being passed in the Lok Sabha, a money bill is sent to the Rajya Sabha which can at the most, delay it for 14 days. After the expiry of the period, it is deemed to have been passed by the Rajya Sabha.

Identify the reasons why the Lok Sabha is considered superior to the Rajya Sabha.

P : An ordinary Bill can originate in either of the two Houses.

Q : In case of a Money Bill, the Rajya Sabha has virtually no powers.

R : A vote of no-confidence can be passed only in the Rajya Sabha.

S : Impeachment of the President or a Judge of the Supreme Court can only be initiated in the Lok Sabha.

1. P and Q
2. Q and R
3. R and S
4. P and S

Answer

P and Q

Explanation — An ordinary bill can originate in either of the two houses. However, in the case of a deadlock between the two Houses over a bill, a Joint Session is held. Due to Lok Sabha's superior strength, the will of the Lok Sabha prevails.

Money bills can only originate in the Lok Sabha, and once passed the Rajya Sabha can only delay them for 14 days, after which they are deemed to have been passed.

Read the two statements given below about the financial powers of the Parliament and select the option that shows the correct relationship between (A) and (B).

Statement (A) : The Union Parliament is the custodian of the national purse.

Statement (B) : The Parliament is empowered to vote a cut in the budget or to reject it as a whole.

1. (B) contradicts (A)
2. (B) is the reason for (A)
3. (A) is true but (B) is false
4. (A) and (B) are independent of each other

Answer

(B) is the reason for (A)

The opposition comes to the conclusion that the ruling party has lost majority in the Lok Sabha.
Which of these motions will the Leader of the Opposition move?

1. Adjournment Motion
2. Motion for Impeachment
3. Call — Attention Motion
4. No Confidence Motion

Answer

No Confidence Motion

Given below are details of a few Indian citizens.

Select the candidate who fulfils the eligibility criteria to become a member of the Lok Sabha.

1. S
2. T
3. U
4. V

Answer

U

What do you understand by the term 'Parliament'?

Answer

Parliament is the legislative organ of the government. It is a representative body whose permission is constitutionally required in the process of making or changing laws. It works on the principle of democratic government.

Which are the three constituents of the Indian Parliament?

Answer

The Central Legislature or the Indian Parliament consists of three constituents — the Lok Sabha, the Rajya Sabha and the President.

What is the maximum strength of members of the Lok Sabha or the House of the People?

Answer

The maximum strength of the Lok Sabha, as provided by the Constitution, is 550.

How are the members of the Lok Sabha elected?

Answer

Members of the Lok Sabha are directly elected by the people of age 18 and above. The elections are held by Secret Ballot which means the voters can cast their votes secretly, without any fear or political pressure.

What are the qualifications which an individual should possess to become the member of the Lok Sabha?

Answer

The qualifications required to become a member of the Lok Sabha are :

1. He should be a citizen of India.
2. He should be at least 25 years old.
3. He should not be a proclaimed offender.
4. He should have his name in the electoral rolls in any part of the country.
5. He or she should possess such other qualifications as may be specified by Parliament from time to time.
6. He should not hold any office of profit under the State or Central Government.
7. He should not be of unsound mind.
8. He should not be an undischarged insolvent, i.e he should not be in debt.

What is the normal term of the Lok Sabha?

Answer

The normal term of the Lok Sabha is five years.

Who is empowered by the Constitution to summon and to dissolve the Lok Sabha?

Answer

The President is empowered by the Constitution to summon and to dissolve the Lok Sabha.

By whom and on whose advice can the Lok Sabha be dissolved?

Answer

The Lok Sabha can be dissolved by the President before the expiry of its term on the advice of the Prime Minister.

Who presides over the meetings of the Lok Sabha?

Answer

The Speaker of the Lok Sabha presides over the meetings of the Lok Sabha.

How is the Speaker of the Lok Sabha elected?

Answer

The Speaker of the Lok Sabha is elected from among its own members soon after the newly appointed Lok Sabha meets for the first time. The ruling party prepares a list of the candidates for the position of the Speaker.

• If only one candidate is nominated they are declared elected unopposed.
• However, if there is more than one candidate, the election is conducted by a simple majority vote of the Lok Sabha members and opposition members present and voting.

What is an Adjournment Motion?

Answer

An Adjournment Motion means a proposal to lay aside all other business (that is pre-planned) and take up a 'definite matter of urgent importance' immediately.

What is a No-Confidence Motion?

Answer

A No-Confidence Motion is passed in the Lok Sabha when the Council of Ministers no longer enjoys the confidence of the House. If the motion is passed by a majority of the members present and voting, the entire Ministry must resign.

What do you mean by Question Hour?

Answer

The first hour of a sitting in both Houses is allotted for asking and answering of questions unless otherwise decided by the Speaker. Every member of the House has the privilege to ask questions from the Government on matters of public interest. Such questions are addressed to the Chair and, if admitted, the Government is obliged to answer them. It is a valuable device against injustice and slackness of the government.

What is the quorum to hold the meetings of the Lok Sabha?

Answer

Quorum is the minimum number of members to be present in the House before it could transact any business. As per rule, 1/10 of the total membership of each House constitutes the quorum. The present strength of Lok Sabha is 543. Hence, 55 members constitute the quorum.

What is the maximum period which can intervene between two sessions of the Parliament?

Answer

The maximum period that can intervene between two sessions of the Parliament is six months.

Who presides over the joint sitting of both the Houses of the Parliament?

Answer

The Speaker of the Lok Sabha presides over a joint sitting of both Houses of the Parliament.

What is the maximum number of members of the Rajya Sabha or the Council of States?

Answer

The maximum strength of the Rajya Sabha can be 250 members.

State two essential qualifications required for election of the Rajya Sabha.

Answer

Two essential qualifications required for election to the Rajya Sabha are:

1. He must be a citizen of India.
2. He should be at least 30 years of age.

How are the members of the Rajya Sabha elected?

Answer

The representatives of each State in the Council of States (or Rajya Sabha) are elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of a single transferable vote.

Who is the Presiding Officer of the Rajya Sabha?

Answer

The Vice President of India is the ex-officio Chairman (Presiding Officer) of the Rajya Sabha.

What is the tenure of the members of the Rajya Sabha?

Answer

The tenure of the members of the Rajya Sabha is six years.

What are the qualifications which an individual should possess to be elected to the Rajya Sabha?

Answer

To be a member of the Rajya Sabha, a candidate must possess the following qualifications :

1. He must be a citizen of India.
2. He should be at least 30 years of age.
3. He should not be a proclaimed offender.
4. He should not hold any office of profit under the Government.
5. Like the member of the Lok Sabha he or she should possess such other qualifications as may be specified by Parliament from time to time.

In what two respects is the Lok Sabha more powerful than the Rajya Sabha?

Answer

Lok Sabha is more powerful than Rajya Sabha in the following ways:

1. Motions of No-confidence against the government can only be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the Council of Ministers resign collectively. The Rajya Sabha has no power over such a motion, and hence no real power over the executive.
2. Money bills can only be introduced in the Lok Sabha, and upon being passed, are sent to the Rajya Sabha, where it can be deliberated on for up to 14 days.

What is the procedure that should be followed if there is a deadlock between the two Houses of the Parliament on a Non-Money Bill?

Answer

In the case of a deadlock between the two Houses over a Non-Money bill, it is to be resolved in a joint session of the Houses with the Speaker of the Lok Sabha in the chair.

What happens to a Money Bill, which having been passed by the Lok Sabha and sent to the Rajya Sabha, but is not returned within 14 days?

Answer

If a Money Bill, passed by the Lok Sabha, is not returned by the Rajya Sabha within 14 days, it is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.

What can the President do if he does not wish to sign a Non-Money Bill passed by the Parliament?

Answer

If the President does not wish to sign a Non-Money Bill passed by Parliament, he may withhold his assent or return the Bill with a message requesting reconsideration. However, if the Bill is passed again by both Houses with or without his suggestions, the President must give his assent.

With reference to the Lok Sabha, explain the following :

(a) What is its total membership?

(b) What are the qualifications of the members of the Lok Sabha?

(c) Who presides over the meetings of the Lok Sabha?

Answer

(a) The maximum strength of the Lok Sabha, as provided by the Constitution, is 550. However, the current strength of the Lok Sabha is 543.

(b) In order to seek election to the Lok Sabha, a person must possess the following qualifications:

1. He should be a citizen of India.
2. He should be at least 25 years old.
3. He should not be a proclaimed offender.
4. He should have his name in the electoral rolls in any part of the country.
5. He or she should possess such other qualifications as may be specified by Parliament from time to time.
6. He should not hold any office of profit under the State or Central Government.
7. He should not be of unsound mind.
8. He should not be an undischarged insolvent, i.e he should not be in debt.

(c) The Speaker of the Lok Sabha presides over the meetings of the Lok Sabha.

Throw light on the Rajya Sabha under the following headings :

(a) What is the total membership of the Rajya Sabha?

(b) How are the members of the Rajya Sabha elected?

(c) Why is the Rajya Sabha known as a permanent house?

(d) How many members are nominated by the President to the Rajya Sabha?

Answer

(a) The maximum strength of the Rajya Sabha can be 250 members. However, the strength of the Rajya Sabha at present is 245.

(b) The representatives of each State in the Council of States (or Rajya Sabha) are elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of a single transferable vote for a period of six years. 12 members are nominated by the President from among persons having special knowledge or practical experience in matters such as literature, science, art and social service.

(c) The Rajya Sabha is known as a permanent House because it cannot be dissolved like the Lok Sabha. Each member of the Rajya Sabha is elected for a period of six years. One-third of the total members of the House retire after every two years.

(d) 12 members are nominated by the President to the Rajya Sabha.

With reference to Rajya Sabha, answer the following questions :

(a) What are the qualifications necessary to become a member of the Rajya Sabha?

(b) Describe the legislative and financial powers of the Rajya Sabha.

Answer

(a) To be a member of the Rajya Sabha, a candidate must possess the following qualifications :

1. He must be a citizen of India.
2. He should be at least 30 years of age.
3. He should not be a proclaimed offender.
4. He should not hold any office of profit under the Government.
5. Like the member of the Lok Sabha he or she should possess such other qualifications as may be specified by Parliament from time to time.

(b) LEGISLATIVE POWERS OF THE RAJYA SABHA

The legislative powers of the Rajya Sabha are:

1. The Rajya Sabha, along with the Lok Sabha is the law-making body at the central level.It frames new laws and amends or repeals them, if necessary, on all the 97 Subjects of the Union List and all the Residuary Subjects which have not found a place in any of the lists.
2. 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.
3. The Rajya Sabha can decide by 2/3rd majority to set-up a new All India Service.
4. Rajya Sabha is a permanent body and is not subject to dissolution. Hence, its role becomes very important during the period when the Lok Sabha remains dissolved, especially during proclamation of Emergency. Then it acts as Union Legislature.

FINANCIAL POWERS OF THE RAJYA SABHA

The Rajya Sabha enjoys little financial power as compared to the Lok Sabha. Some of these financial powers are:

1. Annual Budget: The Union Minister for Finance presents the Budget for the upcoming year with the prior approval of the President. The Parliament is empowered to vote a cut in the Budget or to reject it as a whole.
2. Consolidated Fund of India: Some items of the Budget are charged from the Consolidated Fund of India. The Parliament has the right to debate the propriety of these items, but it cannot vote on them.
3. Supplementary Demands: The Finance Minister may come out with supplementary budget in the latter half of the Financial Year, which are treated by the Parliament just as the Annual Budget.
4. Salary and Allowances of the Members of Parliament: The Parliament decides the salaries and allowances of its own members and also those of the Ministers and the Chief Justices and Judges of the Supreme Court and the High Courts.

Compare the Lok Sabha and the Rajya Sabha in the following fields :

(a) In which matters does the Rajya Sabha enjoy equal powers with the Lok Sabha?

(b) What procedure must be followed in the event of disagreement between the two Houses of the Parliament over amendments to be made in a Bill?

Answer

(a) The Rajya Sabha enjoys equal powers with the Lok Sabha in the following matters:

1. Ordinary Bills: An Ordinary Bill can originate in either House of the Parliament and must be passed by both the Houses of the Parliament before going for the President's assent.
2. Impeachment: In matters of impeachment of the President of India or the Chief Justice or a Judge of the Supreme Court or of High Courts, both Houses have absolutely equal powers. Impeachment can be initiated in either House and the other House has an equal say in the judgement.

(b) Money Bill — The Rajya Sabha has limited powers. It can only delay the Bill for 14 days and recommend amendments, which the Lok Sabha may or may not accept. If not returned within 14 days, the Bill is deemed to have been passed by both Houses.

Non-Money Bill — In the case of a deadlock between the two Houses over an ordinary bill, it is to be resolved in a joint session of the Houses with the Speaker of the Lok Sabha in the chair.

The Speaker is an important arch of the Parliamentary edifice. Keeping this in view, describe the following:

(a) His election as the Chairman of the Lok Sabha.

(b) Any five of his functions.

(c) His removal from office.

Answer

(a) The Speaker of the Lok Sabha is elected by the Lok Sabha from among its members, soon after the newly appointed Lok Sabha meets for the first time. Normally, the Speaker is elected for five years. Till a new Speaker is elected, the Speaker of the preceding Lok Sabha presides over its session.

(b) Five functions of the Speaker are given below:

1. He/she presides over the meetings of the House. He allots time for discussion. All speeches and remarks are addressed to the Speaker.
2. He admits important motions, i.e., No Confidence Motion or Adjournment Motion or other motions.
3. The Speaker decides whether a particular bill is a money bill or not.
4. He communicates the decisions of the House to concerned persons or authorities.
5. He can adjourn the House if it lacks Quorum.

(c) The Speaker can resign his post on health ground or on other grounds by submitting a letter of resignation to the Deputy Speaker. He can also be removed by the Lok Sabha if a majority of the members pass a resolution to this effect. But before moving such a resolution the Constitution provides for 14 days' prior notice. During this period the Deputy Speaker shall preside over the meetings of the House.

The Indian Parliament has vast powers. In this context explain the following :

(a) Legislative powers of the Parliament.

(b) Describe any two judicial powers of the Parliament.

(c) How does the Parliament exercise control over the Cabinet?

Answer

(a) The legislative powers of the Parliament are given below:

1. The Parliament is the law-making body at the central level. It frames new laws and amends or repeals them, if necessary, on all the 97 Subjects of the Union List and all the Residuary Subjects which have not found a place in any of the lists.
2. The Parliament can make laws on the 47 Subjects in the Concurrent List. If if any State Law comes into conflict with the Central Law, the Central Law shall prevail.
3. Ihe Union Parliament has the sole right to amend the Constitution. Although sometimes, these amendments need to be ratified by the States.
4. All ordinances issued by the President must be approved by Parliament within six weeks after its session has begun, failing which an ordinance lapses.

(b) Two judicial powers of the Parliament are given below:

1. The President can be impeached for any violation of the Constitution. Charges can be framed by either of the two Houses of the Parliament by a two-third majority. If the charges are established by the other House by the same majority, the President stands impeached and he is at once removed from his office.
2. Parliament can condemn any person if he is found guilty of defamation and contempt of either House of the Parliament.

(c) The Parliament exercises control over the Cabinet in the following ways:

1. Vote of No-confidence: If a Government acts against the Constitutional provisions, it can be voted out of office by passing a vote of no-confidence against the Prime Minister, or the Ministry as a whole or any of its members. In such a case, the whole Ministry has to resign.
2. Question Hour: An hour a day in the daily routine of the Parliament, when in session, is reserved for asking questions from the Government. The members can ask any questions relating to the administration and policies and the Ministers are obliged to answer them.
3. Other Motions of Censure: The Parliament exercises its control over the Government by other motions which, if passed, amount to no-confidence. They include: motions of censure against a minister, rejection of Government Bill, passing of a private member bills against the wishes of the Government, etc.
4. Monetary Controls: During the budget session, a cut motion may be moved. Parliamentary Committee on Public Accounts ensures that public money is spent in accordance with Parliament's decision. It examines reports of the Comptroller and Auditor-General of India.

With reference to the Union Parliament, give the definition of the following :

(a) Constituency
(b) Quorum
(c) Universal Adult Franchise
(d) Reservation of Seats.

Answer

(a) Constituency — Each State and Union Territory is divided into a number of areas called constituencies for election purposes. From one constituency one member is elected.

(b) Quorum — Quorum is the minimum number of members required to be present in the House before it can transact any business. As per rule, 1/10 of the total membership of each House constitutes the quorum.

(c) Universal Adult Franchise — The principle of Universal Adult Franchise means that all citizens of the age of 18 years and above have the right to vote, if not otherwise disqualified under the law.

(d) Reservation of Seats — The Constitution of India provides for reservation of seats in the Lok Sabha for Scheduled Castes (84) and Scheduled Tribes (47), to ensure adequate representation of socially disadvantaged groups.