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NCERT Class 11 Political Science Chapter 5 Legislature
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Legislature
Chapter: 5
| (PART-A) INDIAN CONSTITUTION AT WORK |
| TEXT BOOK QUESTIONS ANSWER |
1. Alok thinks that a country needs an efficient government that looks after the welfare of the people. So, if we simply elected our Prime Minister and Ministers
and left to them the task of government, we will not need a legislature. Do you agree? Give reasons for your answer.
Ans: The prime minister can be a member of the Lok Sabha or of the Rajya Sabha, the upper house of the parliament. The prime minister controls the selection and dismissal of members of the Union Council of Ministers; and allocation of posts to members within the government.
Here are several reasons why:
(i) Checks and Balances: The doctrine of checks and balances states that each organ of the government shall act on the other organs in such a way as to prevent them from becoming totalitarian and to prompt them towards fulfilling their constitutional obligations.
(ii) Representation of the People: In this view of political representation, representation is defined as substantive “acting for”, by representatives, the interests of the people they represent. In contrast, Jane Mansbridge has identified four views of democratic political representation: promissory, anticipatory, surrogate and gyroscopic.
(iii) Law-Making and Oversight: The basic function of Parliament is to make laws. All legislative proposals have to be brought in the form of Bills before Parliament. A Bill is a statute in draft and cannot become law unless it has received the approval of both the Houses of Parliament and the assent of the President of India.
(iv) Democratic Principles: The Basic Principles of Democracy are Citizen Participation, Equality, Political Tolerance, Accountability, and Transparency. People around the world have defined the core values required for a democratic government. In a democratic society, these ideals often find their way into a constitution or bill of rights.
(v) Expertise and Specialisation: Political science is the systematic study of governments, political institutions, and public policies. It examines the processes by which decisions are made, how power is distributed, and the impact of government actions on society.
(vi) Public Debate and Transparency: The right and the means to examine the process of decision making is known as transparency. In politics, transparency is used as a means of holding public officials accountable and fighting corruption.
(vii) Constitutional and Legal Framework: It covers areas such as criminal law and procedure, economic and social planning, trusts, bankruptcy, etc, over which both the Centre and the States have legislative and executive powers, though in case of conflict between the two, the Centre’s position prevails.
2. A class was debating the merits of a bicameral system. The following points were made during the discussion. Read the arguments and say if you agree or disagree with each of them, giving reasons.
(i) Neha said that the bicameral legislature does not serve any purpose.
Ans: This statement is not true because in a large country like India, two houses of legislature are preferred to give due representation to all sections of the society as well as the monopoly of either the chamber can be approached as check and balance.
(ii) Shama argued that experts should be nominated in the second chamber.
Ans: I agree with Shama that experts should be nominated into the second chamber as they can provide inputs on subjects that require technical knowledge and give rational suggestions for policy making.
(iii) Tridib said that if a country is not a federation, then there is no need to have a second chamber.
Ans: Tridib’s arguments may not be valid. Even if a country is not a federation, a need for the second chamber is there. The two houses of the national legislature are required to give representations to all the sections of the society and to give representation to all geographical regions or parts of the country. A bicameral legislature ensures double check on every bill and every policy matter, thus realising the exact purpose of the legislative organ of the government.
3. Why can the Lok Sabha control the executive more effectively than the Rajya Sabha can?
Ans: The Lok Sabha can control the executive more effectively than the Rajya Sabha primarily because its members are directly elected by the people, giving it a stronger electoral mandate. The second reason is that the members of the Lok Sabha are elected directly by the people. And thirdly the Lok Sabha has the power to remove the executive from office but the Rajya Sabha cannot remove the government.
4. Rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations. Do you agree? Give reasons.
Ans: We completely agree with the statement that rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations. The Lok Sabha is a representative body that amplifies the voices and concerns of the people. Its primary function is to provide a platform for elected representatives to express the sentiments and expectations of their constituents, rather than solely exercising executive control. This is evident in the debates, discussions, and questions raised by MPs, which often reflect the concerns and aspirations of their voters. Lok Sabha is a deliberative body. It is the best forum for the expression of public matters.
5. The following are some proposals for making the Parliament more effective. State if you agree or disagree with each of them and give your reasons. Explain what would be the effect if these suggestions were accepted.
(i) Parliament should work for a longer period.
Ans: We agree that the Parliament should work for a longer period. The sessions of Parliament should be for a longer period. At present many bills are passed without thorough discussion. By increasing the time, members will get more time for discussion and public interest will be protected in a better way.
(ii) Attendance should be made compulsory for members of Parliament.
Ans: I agree with this proposal as compulsory attendance would lead to presence of members for crucial decisions that require the support of the majority. It would also encourage presentation of views across the political spectrum.
(iii) Speakers should be empowered to penalise members for interrupting the proceedings of the House.
Ans: I agree with this proposal as penalising members for interrupting the proceedings of the house would lead to less wastage of time and maintain the dignity of the Parliament. This would also lead to less wastage of the taxpayers’ money that is incurred to run the parliament. However, it should not lead to suppression of dissent.
6. Arif wanted to know that if ministers propose most of the important bills and if the majority party often gets the government bills passed, what is the role of the Parliament in the law making process? What answer would you give him?
Ans: No doubt, a majority of the bills are introduced in the House by the ministers and see them through. Ministers explain the policy and the purpose of the bills to the Parliament. Role is to scrutinise, debate, and refine bills, ensuring they serve the people’s interests. It provides a platform for diverse perspectives, holds the executive accountable, and approves or rejects bills, checking the executive’s power. The members have the right to propose an amendment. Each amendment and clause is to be voted by the House. The amendments form a part of the bill if they are accepted by a majority of members present and voting. When a bill is passed by the House it is then sent to the other House for its concurrence. In this way, the Parliament plays an important role in passing the bill.
7. Which of the following statements do you agree with the most? Give your reasons:
(i) Legislators must be free to join any party they want.
Ans: When a legislator joins any other party leaving his own party this act is called defection. Legislators should not be free to join any party they want as this would encourage corrupt practices particularly at the time of confidence motions. While in theory, they should be free to leave the party they do not want to be with, there should be certain restrictions outlining the conditions under which they are allowed to join another party. He is also disqualified from holding any political office.
(ii) Anti-defection law has contributed to the domination of the party leaders over the legislators.
Ans: It is incorrect that anti-defection law has led to domination of party leaders over legislators. Such type of Anti-defection law has empowered the leaders of the party and the presiding officers.The legislators are allowed to defect as long as they have the support of a minimum number of members from their own party.
(iii) Defection is always for selfish purposes and therefore, a legislator who wants to join another party must be disqualified from being a minister for the next two years.
Ans: According to the third option, defection is always for selfish purposes and therefore legislators who want to join another party must be disqualified from being a minister for the next two years. Defection may not always be for selfish purposes. However, a legislator who wishes to join another party must seek re-election from his/her constituency before being eligible for ministerial posts. A period of two years of disqualification is therefore appropriate in this situation.
8. Dolly and Sudha are debating about the efficiency and effectiveness of the Parliament in recent times. Dolly believed that the decline of Indian Parliament is evident in the less time spent on debate and discussion and increase in the disturbances of the functioning of the House and walk- outs, etc. Sudha contends that the fall of different governments on the floor of Lok Sabha is a proof of its vibrancy.
What other arguments can you provide to support or oppose the positions of Dolly and Sudha?
Ans: Dolly believed that the decline of Indian Parliament is evident in the less time spent on debate and discussion and increase in the disturbances of the functioning of the House and walkouts etc. Sudha contends that the fall of different governments on the floor of Lok Sabha is a proof of its vibrancy.
To support Dolly’s position on the decline of the Indian Parliament:
(i) Decrease in Debate Time: This style consists of a two-on-two debate, between the affirmative team, known as the Government or the Proposition, and the negative team, referred to as the Opposition. Debater role names are borrowed from the British Parliament, with the judge being referred to as the Speaker.
(ii) Increase in Disruptions: Social disruption is a term used in sociology to describe the alteration, dysfunction or breakdown of social life, often in a community setting. Social disruption implies a radical transformation, in which the old certainties of modern society are falling away and something quite new is emerging.
(iii) Legislative Output: Legislature or Parliament is that branch of. government which performs the function of lawmaking through deliberations. The legislature is that organ of the government which passes the laws of the government.
(iv) Quality of Debates: A debate can be defined as a generally formal and often public discussion of a topic, during which persuasive arguments from differing sides of an issue are presented.
To support Sudha’s position on the vibrancy of the Parliament:
(i) Government Stability: Political stability is a situation characterized by the preservation of an intact and smoothly functioning government or political system, avoiding significant disruptions or changes over an extended duration.
(ii) Representation and Diversity: Political representation is the activity of making citizens “present” in public policy-making processes when political actors act in the best interest of citizens according to Hanna Pitkin’s Concept of Representation (1967).
(iii) Committee Work: A committee’s role is primarily advisory-they’re created to provide insight, information, and advice to the board, to help the board make the most well-informed decisions. The committee can recommend actions to the board, but the board is not obligated to follow the committee’s recommendations.
(iv) Public Engagement: A public engagement process generally involves 5 main steps including planning, developing products, implementing, analysis and reporting, and evaluating. This process guide describes the 5 steps, including key questions and considerations as well as best practices, when conducting an engagement activity.
9. Arrange the different stages of passing of a bill into a law in their correct sequence-
(i) Resolution is passed to admit the bill for discussion.
(ii) The bill is referred to the President of India. Write what happens next if she / he does not sign it.
(iii) The bill is referred to another house and is passed.
(iv) The bill is passed in the house in which it was proposed.
(v) The bill is read clause by clause and each is voted upon.
(vi) The bill is referred to the subcommittee- the committee makes some changes and sends it back to the house for discussion.
(vii) The concerned minister proposes the need for a bill.
(viii) Legislative department in the ministry of lau drafts a bill.
Ans: (a) The Legislative department in the Ministry of Law drafts a bill.
(b) The concerned minister proposes the need for a bill.
(c) A resolution is passed to admit the bill for discussion.
(d) The bill is referred to the sub-committee-The committee makes some changes and sends it back to the House for discussion.
(e) The bill is read clause by clause and each is voted upon.
(f) The bill is passed in the House in which it was proposed.
(g) The bill is referred to another House and is passed.
(h) The bill is referred to the President of India.
The President may give his assent or withhold it. If Parliament passes the Bill for the second time by simple majority, the President cannot veto it for the second time. The President can also send the Bill both for reconsideration suggesting amendment in the Bill. Parliament is not bound to take into consideration the amendments proposed by the President. After having got the assent of the President the Bill is published in the Gazette of India. The Bill becomes law.
10. How has the system of Parliamen-tary committee affected the over-seeing and appraisal of legislation by the Parliament?
Ans: Parliamentary committees play a very important role in law-making. Since 1983, India has developed a system of Parliamentary Standing Committees. Thus, parliamentary committees have reduced the burden on the legislature and saved time as the Parliament meets only for a limited time during its sessions. However, on most occasions, the Parliament makes only minor alterations to the draft of the bills while approving them. The Committee can propose amendments or revision of any clause or clauses. The Committee is to submit its report to the House within the prescribed period.
