NIOS Class 12 Political Science Chapter 11 Parliament Of India

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NIOS Class 12 Political Science Chapter 11 Parliament Of India

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Parliament Of India

Chapter: 11

POLITICAL SCIENCE

TEXT BOOK QUESTIONS AND THEIR ANSWERS

INTEXT QUESTIONS 11.1

1. What can be the maximum strength of Rajya Sabha?

Ans. 250.

2. How many members the President nominates in Rajya Sabha?

Ans. 12.

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3. Who can vote to elect the members of Rajya Sabha?

Ans. Members of State Assemblies.

4. What is the tenure of a member of the Rajya Sabha?

Ans. 6 years —1/3 retires every 2 years.

5. What is the minimum age for becoming a member of the Rajya Sabha?

Ans. 30 years.

6. Who is the ex-officio Chairman of the Rajya Sabha?

Ans. The Vice- President.

INTEXT QUESTIONS 11.2

1. What is the maximum permissible membership of Lok Sabha?

Ans. 550.

2. Which state sends the maximum number of members to Lok Sabha?

Ans. Uttar Pradesh.

3. How many Anglo-Indian members may be nominated by the President in Lok Sabha?

Ans. Two.

4. For which section of the society seats are reserved in the Lok Sabha?

Ans. Scheduled Caste and Scheduled Tribes.

5. Who can vote in the Lok Sabha elections?

Ans. All the Indian citizens of 18 years of age and the above.

6. Who can dissolve the Lok Sabha?

Ans. The President of India.

7. Who elects the Speaker of the Lok Sabha?

Ans. Members of Lok Sabha.

INTEXT QUESTIONS 11.3

1. What is the name of the list on which only the Parliament can make laws?

Ans. Union List.

2. Who makes laws on the subjects mentioned in the State List?

Ans. State Legislatures.

3. How many States can request the Parliament to make law on some subject mentioned in the State list?

Ans.Two or more State Legislatures.

4. Who can admit a new state in the Indian Union?

Ans. The Parliament.

INTEXT QUESTIONS 11.4

1. What is a Government Bill?

Ans. A bill moved by a minister in the Government is a Government bill.

2. What is a Private Member’s Bill?

Ans. A bill moved by the Member of Parliament but not a minister, is called Private Member’s bill.

3. When are the Private Member’s Bills discussed?

Ans. Private Member’s bills are discussed only on Friday.

4. Which bill cannot be introduced in Rajya Sabha?

Ans. Money bills cannot be introduced in Rajya Sabha.

5. When is the joint sitting of the two Houses of Parliament held?

Ans. Joint Sitting of the two Houses is held to remove the deadlock between the two Houses over a non-money bill.

6. What constitutes quorum in either House of Parliament?

Ans. One-tenth of the strength of a House.

INTEXT QUESTIONS 11.5

Q. Fill in the blanks:

1. Budget can only be introduced in the …………..

Ans. Lok Sabha.

2. Only …………. service can create a new All-India Service.

Ans. Rajya Sabha.

3. Each member of Parliament gets a sum of Rs …………. as Local Development Fund every year.

Ans. 2 Crore.

TERMINAL EXERCISES

Q. 1. Describe the composition of Rajya Sabha and method of election of its members.

Or

Discuss the composition of Rajya Sabha.

Ans. The composition of Rajya Sabha and method of election of its members:

1. Rajya Sabha is Upper House of the Parliament. It represents the States of India.

2. Rajya Sabha or the Upper House of the Parliament is a permanent body as it cannot be dissolved.

3. The membership of the Rajya Sabha cannot exceed 250.

4. Out of these, the President nominates 12 members on the basis of their excellence in literature, science, art and social service and the rest are elected. At present its total membership is 245.

5. Rajya Sabha is the body of States in Indian Union. The elected members of the States’ Legislative Assemblies elect the members of the Rajya Sabha on the basis of proportional representation through the single transferable vote system.

6. But all the States do not send equal number of members to the Rajya Sabha. Their representation is decided on the basis of population of respective States. Thus the bigger State gets bigger representation and the smaller ones have lesser representation.

7. While the big State like UP has been assigned 31 seats, the smaller states like Sikkim and Tripura send only one member each.

8. Delhi Assembly (Vidhan Sabha) elects three members of Rajya Sabha and Pondicherry sends one member. Other Union Territories are not represented in the Rajya Sabha.

9. Every member of Rajya Sabha enjoys a safe tenure of six years. One third of its members retire after every two years. They are entitled to contest again for the membership.

10. But a member elected against a midterm vacancy serves the remaining period only. This system of election ensures continuity in the working of Rajya Sabha.

11.The Vice-President of India is the ex officio Chairman of the Rajya Sabha. He presides over the meetings of Rajya Sabha. In his absence the Deputy Chairman, who is elected by its members from amongst themselves, presides over the meeting of the House.

12. The Deputy Chairman can be removed by a majority of all the then members of Rajya Sabha. But the Chairman (Vice-President) can only be removed from his office by a resolution passed by a majority of all the then members of Rajya Sabha and agreed to by the Lok Sabha.

13. As the Vice-President is an ex-officio Chairman and not a member of Rajya Sabha, he is normally not entitled to vote. He can vote only in case of a tie.

Q. 2. Describe the powers of the Speaker of the Lok Sabha.

Ans. The Powers of the Speaker of Lok Sabha: The presiding officer of the Lok Sabha is known as the Speaker. The members of the House (i.e., the Lok Sabha) elect him. He remains the Speaker even after Lok Sabha is dissolved till the next House elects a new Speaker in his place. Following are his powers and functions:

1. The basic function of the Speaker is to preside over the house, and conduct the meetings of the House in orderly manner.

2. No member of the Lok Sabha can speak in the House without his permission.

3. He may ask a member to finish his speech and in case the member does not obey he may order that the speech should not be recorded.

4. All the bills, reports, motions and resolutions are introduced with Speaker’s. permission.

5. He puts the motion or bill to vote.

6. He does not participate in the voting but when there is a tie, i.e. equal number of votes on both sides, he can use his casting vote. But he is expected to cast his vote in a manner so that his impartiality and independence is retained.

7. The Speaker appoints Chairman of all the committees.

8. The Speaker is the link between the President and the House.

9. The Speaker signs all the bills before they are sent to the Rajya Sabha or to the President for his assent.

10. No motion for adjournment or a debate on a bill can be taken up without his consent.

11. The Speaker decides whether a bill is a money bill or not.

12. The Speaker is the guardian of the rights and privileges of the members of Lok Sabha.

13. It is the duty of the Speaker to see that the business of Lok Sabha is transacted only when here is a proper quorum.

14. He can put the matter to the vote of the House, if government and opposition are divided on a point.

15. When the Speaker rises, others must sit down and must not leave the House while he addresses the House.

16. His decisions in all parliamentary matters are final. He also rules on points of order raised by the members and his decision is final.

17. He disqualifies a member of his membership in case of defection. He also accepts the resignation of members and decides about the genuineness of the resignation.

18. In case of joint sitting of Lok Sabha and Rajya Sabha, the Speaker presides over the meeting.

Q. 3. Discuss the functions of Parliament?

Ans. 1. The Functions of the Indian Parliament: Functions and powers of the Indian Parliament can be divided into the following categories:

1. Legislative Functions.

2. Executive Functions.

3. Financial Functions.

4. The Electoral Functions.

5. Power of Removal.

6. Functions Regarding the Amendment of the Constitution.

7. Miscellaneous Functions.

A description of all above referred functions is given below:

Basically the Parliament is a law-making body. Only Indian Parliament can make laws on all subjects mentioned in the Union List.The Union List has 97 subjects. Along with the State Legislatures, the Parliament is empowered to make laws on the Concurrent List. In case, both the Centre as well as the States make a law on the subject mentioned in the Concurrent List then the central law prevails upon the state law if there is a clash between the two. Any subject not mentioned in any list, i.e. residuary power is vested with the Parliament.

Thus the law making power of the Parliament is very wide. It covers the Union List and the Concurrent List and in certain circumstances even the State List also.

2. The Executive Functions:

(i) In a parliamentary system of government there is a close relationship between the legislature and the executive.

(ii) And the executive is responsible to the legislature for all its acts.

(iii) The Prime Minister and his Council of Ministers are responsible to the Parliament individually as well as collectively.

(iv) The Parliament can dislodge a ministry by passing a vote of no-confidence or by refusing to endorse a confidence motion.

Example: In India this has happened several times. This happened in 1999 when the Atal Behari Vajpayee Government lost the confidence motion in the Lok Sabha by just one vote and resigned.

(v) But the no-confidence motion or the confidence motions are the extreme ways of maintaining the accountability of the Parliament over the executive. They are employed in exceptional cases.

(vi) Parliament also maintains its control over executive in a routine manner through several ways. Some of them are as follows:

(a) The members of Parliament can ask questions and supplementary questions regarding any matters connected with the affairs of the Central Government.

(b) The first hour of every working day of Parliament belongs to the Question Hour in which the Ministers have to answer the questions raised by the members.

(c) If the members are not satisfied with the Government’s answer then they may demand separate discussion on the subject.

(d) The Parliament also exercises control over the executive through several motions. For example calling attention notice or adjournment motion are such ways by which some recent matters of urgent public importance are raised.

(e) The Government always takes these motions very seriously because the Government’s policies are criticized severely and their likely impact on the electorate whom the Government would have to face ultimately If the motion is passed then it means that the Government is censured. very

(f) The Lok Sabha can express its lack of confidence in the executive by disapproving budget or money bill or even an ordinary bill.

3. The Financial Functions: The Parliament performs important financial functions.

(i) It is the custodian of the public money.

(ii) It controls the entire purse of the Central Government.

(iii) Money can be spent without its approval.

(iv) This approval may be taken before the actual spending or in rare cases after the spending.

(v) The budget is approved by the Parliament every year.

4. The Electoral Functions:

(a) The elected member of Parliament one member of the Electoral College for Presidential election. As such, they participate in the election of the President of India.

(b) They elect the Vice-President.

(c) The Lok Sabha elects its Speaker and Deputy Speaker. and

(d) The Rajya Sabha elects its Deputy Chairman.

5. Power of Removal:

(a) Certain high functionaries may be removed from office on the initiative of the Parliament. The President of India may be removed through the process of impeachment.

(b) The judges of Supreme Court and of High Courts can be removed by an order of the President, which may be issued only if a resolution of their removal is passed by both Houses of Parliament by special majority.

6. Functions regarding the amendment of the Constitution:

(i) Most of the parts of the Constitution can be amended by the Parliament by special majority.

(ii) But certain provisions only be amended by the Parliament with the approval of States.

(iii) However, India being a federal State, the amending power of the Parliament is highly limited. The Supreme Court has ruled that the Parliament cannot change the basic structure of the Constitution.

7. Miscellaneous Functions: The Parliaments also performs a variety of other functions. Some of them are as follows:

(a) While it is the power of the President to declare Emergency, the Parliament approves all such Proclamations of Emergency. Both the Lok Sabha and the Rajya Sabha have to approve the Proclamation.

(b) Parliament may form a new State by separating the territory from any State or by uniting two or more states. It may also change the boundaries and the name of any State. In the recent years (2002), new states of Jharkhand and Uttaranchal were created.

(c) Parliament may admit or establish new States in the Indian Union (Sikkim in 1975).

(d) The Parliament can abolish or create Legislative Councils in the States. This is done only on the request of concerned States Assemblies.

Conclusion: In brief we can say that the Indian Parliament, though limited by the federal nature of the political system, has wide functions to perform. In performing its functions, it has to mirror the aspirations and needs of the people of India. It also has to function as an agency for resolving socio-economic or political conflicts in the country. It also helps in building consensus on specific issues, which are crucial to the nation like foreign policy formulation.

Q. 4. Describe the law-making procedure in India.

Or

Describe briefly the procedure of lawmaking in India.

Ans. 1. There are two types of bills money bills and non-money bills. Money bills are introduced in and passed first by the Lok Sabha. The Rajya Sabha can only delay their passage by 14 days. Non-money bills can be introduced in any House and both Houses must pass them in identical shape. In case of conflict, a joint sitting of two Houses decides the fate of a bill.

2. There are three readings on every bill in both Houses. As regards the first reading the bill is introduced in Parliament and published in the Gazette.

3. An ordinary bill can be introduced by any member after giving a notice of one month. The member who wants to indtroduce a bill has to ask the leave of the House. He has to read out title of the bill. If the introduction of the bill is opposed, the speaker can allow the mover of the bill and member opposing it to make explanatory statements a vote is taken and if the majority is in favour of the bill, the same is considered to have been moved.

4. As regards the second reading, it is divided into two parts:

(a) General discussion on the bill as a whole. 

(b) Clause by clause discussion.

5. After the general discussion, the bill may be taken into consideration or it may be referred to a select committee of the House, it may be referred to a joint committee of both the Houses or it may be circulated for the purpose of eliciting public opinion. At the commencement of second reading, the bill is put to House for discussion of main principles of the bill. After the discussion it is put to vote. The House may note in favour of any option and bill is sent for the same.

6. If the fundamental of the bill are approved, the second stage is over and the bill enters the third stage known as the committee stage. During the committee stage, the bill is thoroughly discussed clause by clause. All kinds of information are collected. The pros and cons of the legislation are critically examined. The select committee can make any changes it pleases.

7. After the committee stage comes to report stage. The members of the committee have full freedom to express their views. Each member can write a separate report if he so chooses, usually there is a majority report. When the report has been represented to the House the member incharge of the bill can move that the bill as reported by the select committee be considered or the bill is reported be sent back to the select committee with or without instructions or the bill as reported or circulated or recirculated for eliciting public opinion.

8. If the House agrees to consider the bill as reported by the select committee the discussion of the bill is taken clause by clause. Votes may be taken after every clause or many clauses may be discussed together and one vote may be taken on all of them at one time.

9. After this the bill enters the fifth stage known as third reading. Arguments in favour or against the bill as a whole are discussed. Only verbal amendments may be moved. If accepted by majority members present and voting the amendment is carried. Then the whole bill is put to vote. If majority of members present and voting accept the bill, it is passed.

10. When the bill has thus been passed by the one House, it is sent to the other House. The procedure in the first House has to be repeated in the Second House. After the bill has been passed by both Houses, it is sent to the President for his assent. The President may give his assent to a bill or he may send it back for reconsideration. But if the bill is passed again by both the Houses, the President will have to give his assent. A bill thus becomes an Act or law.

Q. 5. Analyse the relationship between the two Houses of the Parliament.

Ans. The Relationship between the two Houses of the Parliament:

1. The two Houses of Parliament differ in their composition. From the federal point of view the Rajya Sabha represents the States in the Indian Union while the Lok Sabha is the representative of the Indian people. This is also the reason why the method of election differs.

2. The members of Legislative Assemblies of the States elect the members of Rajya Sabha while the people directly participate in the elections to the Lok Sabha. Rajya Sabha is a permanent House while the Lok Sabha is constituted for a specified term of five years.

3. From the constitutional point of view, the relationship between the two Houses can best be studied from three angles which are as follows:

(i) There are certain powers and functions in which Lok Sabha is superior to the Rajya Sabha. Introduction and adoption of money bills and removal of a cabinet by passing no confidence motion are two examples relevant here.

(ii) In certain areas Rajya Sabha has been vested with exclusive powers. It does not share these powers with the Lok Sabha. For example, it can declare a subject in state as a matter of national importance and facilititate a central legislation.

(iii) In several areas, both the Houses enjoy equal powers. The examples are adoption of bills other than money bills, approval of proclamation of emergency, moving of adjournment and other types of motions.

(iv) Funds: Members of both houses of Parliament get Rs. 2 Crore per annum from their district fund.

(v) This fund is not directly allotted to the MP but to the respective district headquarters but the MP can use it for development projects in his area.

Q. 6. Write short notes on the following:

(a) Qualification for membership of Rajya Sabha.

(b) Second reading.

(c) The Budget.

Ans. (a) Qualifications for becoming a Rajya Sabha member: The qualifications for becoming a Rajya Sabha member are as follows:

1. He / she should be a citizen of India and at least 30 years of age.

2. He should make an oath or affirmation stating that he will bear true faith and allegiance to the Constitution of India.

3.Thus According to the Representation of People Act 1951, he should be registered as a voter in the State from which he is seeking election to the Rajya Sabha. But in 2003, two provisions have been made regarding the elections to Rajya Sabha

(i) Any Indian citizen can contest the Rajya Sabha elections irrespective of the State in which he resides;

(ii) elections are to be conducted through open voting system.

(b) Second reading:

(i) Second reading is one of the stages through which a bill has to pass. At this stage, the bill is put to House for discussion of main principles of the bill. After the general discussion on the merits of the bill there are four alternatives.

(ii) The bill may be taken into consideration or it may be referred to a select committee of the House; it may be referred to a joint committee of both the Houses, or it may be circulated for the purpose of eliciting public opinion.

(iii) Immediate consideration is very rare unless the bill happens to be of an urgent nature. In the case of joint select committee, the concurrence of other houses is also taken.

(iv) The member incharge elaborated whatever the expects from the proposal made by him. The criticism is done from opposite benches. At this stage a clause by clause discussion.

(v) After general discussion on the main motion it is put to vote. And the House may vote in favour of any of the above options and bill is sent for the same.

(c) The Budget:

(i) The Budget is an annual financial statement showing revenue and expenditure of public money.

(ii) It is presented in the Parliament in two parts the Railway Budget and the General Budget as Railway Budget deals exclusively with the estimated receipts and expenditure in relation to Railway and is presented in the Lok Sabha by the Minister of Railway.

(iii) The General Budget deals with estimates of all departments of the Government of India excluding Railways.

(iv) This Budget is presented by Finance Minister in the Lok Sabha.

OBJECTIVE TYPE QUESTIONS

I. Choose the correct answer:

Q. 1. The membership of the Rajya Sabha cannot exceed:

(a) 250.

(b) 550.

(c) 150.

(d) 350.

Ans. (a) 250.

Q. 2. At present Rajya Sabha’s total membership is:

(a) 205.

(b) 215.

(c) 225.

(d) 245.

Ans. (d) 245.

Q. 3. How many members are nominated to the Rajya Sabha by the President?

(a) 02.

(b) 12.

(c) 10.

(d) 05.

Ans. (b) 12.

Q. 4. The lay down qualifications for becoming a Rajya Sabha member say that a citizen of India should be atleast of:

(a) 30 years of age.

(b) 25 years of age. 

(c) 21 years of age. 

(d) 35 years of age. 

Ans. (a) 30 years of age.

Q. 5. Every member of Rajya Sabha enjoys a safe tenure of:

(a) 5 years. 

(b) 6 years. 

(c) 7 years. 

(d) 4 years.

Ans. (b) 6 years. 

Q. 6. How many Rajya Sabha’s members retire after every two years?

(a) one-third .

(b) two-third. 

(c) one-fourth. 

(d) two-fourth.

Ans. (a) one-third.

Q. 7. An ex-office Chairman of the Rajya Sabha is:

(a) the President of India.

(b) the Vice-President of India.

(c) the Prime Minister of India.

(d) the Deputy-Prime Minister or the Home Minister of India.

Ans. (b) the Vice President of India. 

Q. 8. The maximum permissible membership of Lok Sabha is:

(a) 550.

(b) 250.

(c) 350.

(d) 450.

Ans. (a) 550.

Q. 9. How many members of the Lok Sabha are directly elected from the States? 

(a) 510. 

(b) 520. 

(c) 530. 

(d) 02.

Ans. (c) 530.

Q. 10. How many members of the Lok Sabha are directly elected from the Union Territories (U.T.)?

(a) 20.

(b) 10. 

(c) 30.

(d) 40.

Ans. (a) 20.

Q. 11. How many members may be nominated to the Lok Sabha from the Anglo-Indian Community?

(a) 02. 

(b) 03.

(c) 05.  

(d) 10.

Ans. (a) 02.

Q. 12. Uttar Pradesh (UP) sends to Lok Sabha total elected members:

(a) 80. 

(b) 60.

(c) 40.  

(d) 90.

Ans. (a) 80.

Q. 13. Minimum age limit for the membership of Lok Sabha is:

(a) 25 years of age. 

(b) 30 years of age. 

(c) 21 years of age. 

(d) 35 years of age. 

Ans. (a) 25 years of age.

Q. 14. The normal terms of Lok Sabha is:

(a) 6 years.

(b) 5 years.

(c) 4 years.

(d) 7 years.

Ans. (b) 5 years.

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