The Union Parliament - II

The States are represented in the Rajya Sabha on the basis of their ............... .

1. GDP
2. taxes
3. population
4. area

Answer

population

Reason — Seats in the Rajya Sabha are allocated to the States and Union Territories on the basis of their population; therefore, the representation of States is based on population.

Complete the following analogy.

Lok Sabha : House of People :: Rajya Sabha : ...............

1. Union of States
2. Council of States
3. Representation of the People
4. Council of the People.

Answer

Council of States

Reason — The Upper House of the Union Parliament is known as the Rajya Sabha or the Council of States, just as the Lok Sabha is known as the House of the People.

If the strength of a House is 230, what is the Quorum of the House?

1. 46
2. 32
3. 23
4. 20

Answer

23

Reason — The quorum of a House is one-tenth of its total membership. Hence, for a House with a strength of 230 members, the quorum is 230 ÷ 10 = 23.

What happens if the Lok Sabha and the Rajya Sabha fail to agree on an ordinary Bill?

1. The Bill is sent back to the Houses of Parliament for reconsideration.
2. The matter is decided by the joint-sitting of the two Houses of Parliament.
3. The Bill is sent back to the Lok Sabha for reconsideration.
4. The Bill is sent back to the Rajya Sabha for reconsideration.

Answer

The matter is decided by the joint-sitting of the two Houses of Parliament.

Reason — If the two Houses disagree over an ordinary Bill, the Bill is referred to a joint-sitting of both the Houses, where the matter is decided by a majority of the members present and voting.

Complete the following analogy.

Speaker of Lok Sabha : Deputy Speaker of Lok Sabha :: ....?.... : Deputy Chairman of Rajya Sabha.

1. President of India
2. Vice-President of India
3. Prime Minister of India
4. None of the above

Answer

Vice-President of India

Reason — The Speaker presides over the Lok Sabha and is assisted by the Deputy Speaker. In the same way, the Vice-President of India, as the ex-officio Chairman, presides over the Rajya Sabha and is assisted by the Deputy Chairman.

Read the excerpt given below:

Amid vociferous protests by the Opposition members, the Union government introduced a contentious Bill in the Lok Sabha to replace the Ordinance over control of Delhi services.

— The Hindu, August 2, 2023

1. needs the approval of the Lok Sabha only.
2. needs the approval of the Opposition.
3. needs to be approved by both Houses of the Parliament.
4. does not need the approval of the Rajya Sabha.

Answer

needs to be approved by both Houses of the Parliament.

Reason — An Ordinance promulgated by the President has the same effect as an Act, but it must be placed before both the Houses of Parliament for their approval, failing which it ceases to operate six weeks from the re-assembly of Parliament.

What happens in the case of conflict between laws on subjects in the Concurrent List?

1. The State law prevails
2. The Union law prevails
3. A Bill is introduced in Parliament.
4. The President decides which law will prevail.

Answer

The Union law prevails

Reason — Both the Parliament and the State Legislatures can make laws on subjects in the Concurrent List. In case of a conflict between the two laws, the Union law prevails.

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

1. 2 years
2. 4 Years
3. 6 Years
4. 8 Years

Answer

6 Years

Reason — The Rajya Sabha is a permanent House which cannot be dissolved. Each of its members is elected for a term of six years, one-third of the members retiring after every two years.

Which of the following statements about the Rajya Sabha are correct?

P: Each member of the Rajya Sabha is elected for a period of five years.

Q: The minimum age for contesting election for the Rajya Sabha is 30 years.

R: One-half of the total members of the Rajya Sabha retire after every two years.

S: The Rajya Sabha cannot be dissolved.

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

Answer

Q and S

Reason — Q is correct because the minimum age for contesting a Rajya Sabha election is 30 years, and S is correct because the Rajya Sabha is a permanent House and cannot be dissolved. P is incorrect (term is 6 years, not 5 years) and R is incorrect because one-third, not one-half, of its members retire every two years.

How are the Rajya Sabha members elected?

1. By the elected members of the State Legislative Assembly by means of proportional representation.
2. By the adult citizens of India by a single transferable vote.
3. By the elected members of the Lok Sabha by means of proportional representation.
4. By members of an electoral college by means of proportional representation.

Answer

By the elected members of the State Legislative Assembly by means of proportional representation.

Reason — Members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies through the system of proportional representation by means of the single transferable vote.

Complete the following analogy with respect to members of the Rajya Sabha.

Elected : 238 :: Nominated : ....?....

1. 20
2. 15
3. 12
4. 10

Answer

12

Reason — Of the maximum strength of 250 members of the Rajya Sabha, 238 members are elected by the States of the Union and 12 members are nominated by the President.

Which of the following statements about the powers and functions of the Lok Sabha and the Rajya Sabha are correct?

P: No-confidence motion against the government can only be introduced in the Rajya Sabha.

Q: The Lok Sabha can set up a New All-India Service.

R: The Rajya Sabha has virtually no powers in case of Money Bills.

S: In case of a deadlock between the two Houses, the will of the Lok Sabha prevails.

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

Answer

R and S

Reason — Statement R is correct as the Rajya Sabha can neither reject nor amend a Money Bill, and Statement S is correct as the will of the Lok Sabha normally prevails in a deadlock because its strength is more than double that of the Rajya Sabha. Statement P is wrong because a No-confidence motion can be introduced only in the Lok Sabha, and Statement Q is wrong because the power to declare the creation of a new All-India Service belongs to the Rajya Sabha.

1. Elected Members of Legislative Assemblies
2. Elected Members of State Legislatures
3. Elected Members of Lok Sabha
4. Elected Members of Panchayats

Answer

Elected Members of Legislative Assemblies

Reason — The members of the Lok Sabha are directly elected by the adult citizens of India, whereas the members of the Rajya Sabha are indirectly elected by the elected members of the Legislative Assemblies of the States.

Your mother is a renowned social worker. She has neither contested nor won any election to the Rajya Sabha. But she has recently become a member of the Rajya Sabha. How is this possible?

1. She is appointed by the Chief Justice of India
2. She is nominated by the President
3. She is appointed by the Prime Minister
4. She is nominated by the State Governor.

Answer

She is nominated by the President

Reason — Twelve members of the Rajya Sabha are nominated by the President from among persons having special knowledge or practical experience in matters such as literature, science, art and social service.

Suppose you are a member of the Opposition Party in the Lok Sabha. You want to express lack of confidence in the ruling government. Which motion will you move in the Parliament to do so?

1. Adjournment Motion
2. No-confidence Motion
3. Confidence Motion
4. Impeachment

Answer

No-confidence Motion

Reason — The Council of Ministers is collectively responsible to the Lok Sabha. A No-confidence Motion can be introduced only in the Lok Sabha, and if passed by a majority, the Prime Minister and the Council of Ministers must resign.

Select the option that shows the correct relationship between Statements I and II.

(I) The allotment of the number of members of Lok Sabha allocated to the various States is made on the basis of the size of the State.

(II) The Rajya Sabha can have a total of 250 members elected from all the States in the Union.

1. (I) is true, but (II) is false
2. (I) is false, but (II) is true
3. Both (I) and (II) are true, but (II) is not the correct explanation of (I)
4. Both (I) and (II) are false.

Answer

Both (I) and (II) are false.

Reason: Statement (I) is false because the number of Lok Sabha seats allotted to each State is based on its population, not on its size (area). Statement (II) is false because the maximum strength of the Rajya Sabha is 250, of which 238 members are elected by the States and Union Territories, while 12 members are nominated by the President.

State two occasions on which the President of India addresses a joint session of Parliament.

Answer

The two occasions on which the President of India addresses a joint session of Parliament are:

1. At the commencement of the first session after each General Election to the Lok Sabha.
2. At the commencement of the first session of each year (the Budget Session).

Who presides over the Rajya Sabha? Who elects the Deputy Chairman of the Rajya Sabha?

Answer

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He presides over its meetings.

The Rajya Sabha elects a Deputy Chairman from among its members. In the absence of the Chairman, he performs all functions and duties of the Chairman.

Name the body which elects the Rajya Sabha Members. Mention any two matters where the Rajya Sabha enjoys equal powers with the Lok Sabha.

Answer

Rajya Sabha Members are elected by the elected members of the Legislative Assembly of each State.

The Rajya Sabha enjoys equal powers with the Lok Sabha in important matters such as:

1. Election of the President and Vice-President
2. Impeachment of the President.

What do we mean when we say that the Rajya Sabha is a permanent body? What is the term of office of a Rajya Sabha member?

Answer

The Rajya Sabha is a permanent House because it cannot be dissolved. One-third of its members retire every two years and are replaced by newly elected members, so the House continues to exist. Members may be re-elected if they so desire and if their electors support them.

The term of office of a Rajya Sabha member is six years.

Who is the ex-officio chairperson of the Rajya Sabha? Mention one of his/her duties other than being the chairperson of the Upper House.

Answer

The Vice-President of India is the ex-officio chairperson of the Rajya Sabha.

The Vice-President officiates as President in case of death, resignation or removal of the President till a new President is elected.

Name the lists which distribute the Subjects of legislation between the Union and the States. Mention any one circumstance when the Parliament can make laws on a state subject.

Answer

The lists which distribute the Subjects of legislation between the Union and the States are -

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

The Parliament can make laws on a state subject during the proclamation of an emergency.

Mention any two circumstances under which the seat of a member of the Parliament becomes vacant.

Answer

The seat of a member of either House of Parliament becomes vacant in the following situations —

1. If a member resigns his seat by writing to the Speaker or to the Chairman, as the case may be.
2. If a member becomes subject to any of the disqualifications laid down in the Constitution or an Act of Parliament.

Mention any one provision of the Constitution which clearly establishes the supremacy of the Lok Sabha with regard to money bills. What happens when a Money Bill is not returned by the Rajya Sabha in 14 days?

Answer

One provision of the Constitution that clearly establishes the supremacy of the Lok Sabha with regard to Money Bills is that a Money Bill can originate only in the Lok Sabha.

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

Which bodies have the right to legislate on subjects in the Concurrent List? What happens in the case of conflict between such laws?

Answer

In India, the Parliament and the State Legislature both have the power to legislate on the subjects of the Concurrent List.

In the case of conflict between such laws, the Union Law prevails over the State Law.

If the President does not give his/her assent to a Bill, what happens?

Answer

The Bill is sent back to the Parliament for reconsideration. However, if the Bill is passed again with or without amendments the President is bound to give his assent to the Bill.

With reference to the powers of the Union Parliament, state the following:

(a) Three of its Legislative Powers.

(b) Three of its Financial Powers.

(c) Four of its Administrative or Executive Powers.

Answer

(a) Three legislative powers of the Union Parliament are-

1. Matters in the Union List — Parliament has the exclusive power to make laws on all subjects in the Union List, such as Defence, Banking, Communications and Foreign Affairs.
2. Matters in the Concurrent List — Parliament, along with the State Legislatures, can make laws on subjects in the Concurrent List. In case of a conflict, the Union law prevails.
3. Residuary Powers — Parliament can make laws on matters not mentioned in any of the three Lists (Union, State and Concurrent Lists).

(b) Three financial powers of the Union Parliament are-

1. The Budget — Parliament passes the Union Budget, containing the estimates of the Government's receipts and expenditure for a financial year.
2. Supplementary Grants — If the amount authorised for the current financial year is insufficient, Parliament approves Supplementary Grants.
3. Salaries — Parliament determines the salaries and allowances of Members of Parliament and Ministers.

(c) Four executive powers of the Union Parliament are-

1. Vote of No-Confidence — Parliament can remove the Government by passing a No-confidence Motion, requiring the Council of Ministers to resign.
2. Adjournment Motion — Parliament may move an Adjournment Motion to censure the acts of omission and commission of Ministers.
3. Other Motions of Censure — Parliament exercises control through motions of censure, rejection of Government Bills, passing of Private Members' Bills against the Government's wishes, etc.
4. Monetary Controls — Parliament exercises financial control through Cut Motions and the Public Accounts Committee, which examines the reports of the Comptroller and Auditor-General (CAG) to ensure that public money is spent according to Parliament's decisions.

With reference to the powers of the Rajya Sabha, state the following:

(a) Any two of its legislative and one financial power.

(b) Any three of its administrative powers.

(c) (i) Any two of its exclusive (special) powers.
    (ii) Any two electoral functions.

Answer

(a) Two legislative powers of Rajya Sabha are-

1. Except for Money Bills, all bills can be introduced in the Rajya Sabha.
2. None of the bills can become a law unless agreed to by both Houses of the Parliament. In case of conflict between the two houses of the Parliament, a joint sitting is presided over by the Speaker of the Lok Sabha.

One financial power of Rajya Sabha is that it can delay a money bill by a maximum of 14 days.

(b) Three administrative powers of Rajya Sabha are-

1. Rajya Sabha can make laws on all the subjects mentioned in the Union and Concurrent lists.
2. It can punish a person for obstructing the work of the House or showing disrespect to the House.
3. It can remove the President from office through the procedure of impeachment.

(c) (i) Two exclusive powers of Rajya Sabha are-

1. Though the Parliament cannot, in normal times, make laws on a state subject, the Constitution states that under Article 249, the Rajya Sabha may, by a resolution adopted by two-thirds majority, empower the Parliament to make laws with respect to a matter in the State List. The Lok Sabha has no authority to assert itself in such matters.
2. The other special power enjoyed by the Rajya Sabha is that it may declare that the creation of new All-India Services be made in the national interest. Thereupon Parliament may create new services.

(c) (ii) Two electoral functions of Rajya Sabha are-

1. The Vice-President of India is elected by both the Houses of the Parliament.
2. Rajya Sabha elects its Deputy Chairman from among its members.

With reference to the differences in the powers of two Houses answer the following questions:

(a) Compare and contrast the elections to both the Houses.

(b) What is the procedure that is followed if there is a deadlock between the two Houses of the Parliament on a non-money bill?

(c) What is the difference between a money bill and a non-money bill?

Answer

(a) Comparison between the elections to both the Houses is listed below:

Election of members to Lok Sabha —

1. The Lok Sabha is the House of the People.
2. The members of the Lok Sabha, whose maximum strength is 550, are directly elected by the people of India on the basis of universal adult franchise.
3. The allotment of members to the various States is made on the population basis.

Election of members to Rajya Sabha —

1. The maximum strength of the Rajya Sabha can be 250 members.
2. 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.
3. The representatives of each State in the Rajya Sabha are elected by the elected members of the Legislative Assembly of each State in accordance with the system of proportional representation by means of a single transferable vote.
4. The representatives of the Union Territories are chosen in such a manner as Parliament may prescribe.
5. The three representatives from Delhi are elected by the members of the Legislative Assembly.

(b) Ordinary Bills may originate in either House of the Parliament.

1. If there is disagreement between the two Houses, the bill is referred to a joint-sitting of both the Houses.
2. In such cases both the Houses are placed on an equal footing.
3. However, the Rajya Sabha is in a weaker position, since the total membership of Rajya Sabha is less than even half of the total strength of the Lok Sabha.
4. Besides, the joint session is presided over by the Speaker of the Lok Sabha.

(c) The differences between a money bill and a non-money bill are as follows:

This picture is a symbol of the federal spirit of the Indian Constitution. In this context, answer the following questions:

(a) Why is the Rajya Sabha called the 'Council of States'?

(b) How does the election of Rajya Sabha members ensure that the House serves as a true representative of the States?

(c) How does it effectively represents the interests of the States?

Answer

(a) The Rajya Sabha is called the ‘Council of States’ because:

1. It is the Upper House of Parliament and represents the States of the Indian Union.
2. Of its maximum strength of 250 members, 238 represent the States and Union Territories, while 12 are nominated by the President.
3. Seats are allotted to the States mainly on the basis of their population, thereby giving the States representation in the Union Parliament.

(b) The manner of election of the members of the Rajya Sabha makes it a true representative of the States.

1. The representatives of each State in the Rajya Sabha are elected by the elected members of the State Legislative Assembly.
2. They are elected according to the system of proportional representation by means of the single transferable vote.
3. Thus, the representatives chosen by the people at the State level elect the State's representatives to the Rajya Sabha, enabling different political groups in the State Legislature to secure representation in proportion to their strength.

(c) The Rajya Sabha protects the interests of the States through its powers and position in Parliament:

1. Legislation on State subjects: By a resolution passed by a two-thirds majority, it can declare a subject in the State List to be of national importance and empower Parliament to legislate on it.
2. Creation of All-India Services: It can declare that the creation of a new All-India Service is necessary in the national interest, after which Parliament may create such a service.
3. Participation in legislation: Except in financial matters, the Rajya Sabha generally enjoys equal powers with the Lok Sabha; an Ordinary Bill must be passed by both Houses.
4. Continuity of representation: Being a permanent House, the Rajya Sabha cannot be dissolved. Thus, even when the Lok Sabha is dissolved, the States continue to have representation at the Union level.

The members of the Rajya Sabha are not directly elected by the people. Many times political parties send their loyalists or those could not win a popular election. Do you think it weakens the democratic principle of Indian Parliament? Give your views.

Answer

I do not think that the indirect election of Rajya Sabha members by itself weakens the democratic principle of Parliament.

1. The Rajya Sabha is meant to represent the States of the Indian Union, not the people directly. Its members are therefore elected by the elected members of the State Legislative Assemblies.
2. The election is held according to proportional representation by means of the single transferable vote, which allows different political groups in a State Legislature to secure representation according to their strength.
3. Since the MLAs themselves are directly elected by the people, Rajya Sabha members have an indirect democratic mandate.
4. However, if political parties use the Rajya Sabha merely to accommodate loyalists or defeated candidates, it can reduce the quality of representation and public confidence. Parties should therefore select candidates on the basis of ability, experience and capacity to represent the interests of the States.

Thus, indirect election is consistent with the federal and democratic character of Parliament; the problem arises from the manner in which parties may sometimes select candidates, not from the system itself.

The nominated members of Rajya Sabha are supposed to provide the expertise that elected politicians may not possess. But many nominated members remain inactive and fail to perform their assigned duties. Do you agree with this view? What solutions do you suggest?

Answer

Yes, I partly agree. The 12 nominated members of the Rajya Sabha are chosen from persons with special knowledge or experience in literature, science, art and social service, so that Parliament benefits from their expertise.

However, this purpose is weakened if nominated members remain inactive. To improve their contribution:

1. They should maintain regular attendance and participate actively in debates and committees.
2. Nominations should consider a person's willingness to contribute to parliamentary work, not merely fame or distinction.
3. They should be encouraged to raise issues and offer expert views particularly in the fields in which they have specialised.

Do you think that the two Houses of Parliament are not competing centres of power but are co-partners in the functioning of government? Give your views.

Answer

Yes, the two Houses of Parliament are co-partners in the functioning of government rather than competing centres of power.

1. Both Houses participate in law-making, and an Ordinary Bill must generally be passed by both Houses before becoming law.
2. They enjoy equal powers in matters such as Constitutional amendments, impeachment of the President, and removal of judges.
3. Their powers are complementary: the Lok Sabha has greater authority in financial matters and control over the Council of Ministers, while the Rajya Sabha has special powers concerning State subjects and the creation of All-India Services.
4. Thus, both Houses perform distinct but coordinated roles and together ensure effective legislation, federal representation and parliamentary control.

What is the role of Opposition Parties in a parliamentary democracy? What challenges do Opposition Parties face in presenting a united front against a strong majority government?

Answer

Role of the Opposition Parties in a parliamentary democracy:

1. Hold the Government accountable: Opposition parties question Ministers and scrutinise the policies and actions of the Government.
2. Use parliamentary devices: They raise issues through Question Hour, Adjournment Motions and No-Confidence Motions.
3. Represent alternative views: They bring different opinions and public concerns before Parliament.
4. Constructive criticism of legislation — By debating Bills and suggesting amendments, the Opposition improves the quality of law-making and ensures that the views of minorities and of different regions are heard.
5. Check misuse of power: They act as an important democratic check on the ruling party.

Challenges in presenting a united front against a strong majority government:

1. Opposition parties may have different ideologies, regional interests and political priorities.
2. Rivalries among parties and leaders may make coordination difficult.
3. They may disagree on a common programme or strategy against the Government.
4. A Government with a strong majority can usually defeat Opposition motions and pass its legislative programme.