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NIOS Class 12 Political Science Chapter 14 State Legislature
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State Legislature
Chapter: 14
POLITICAL SCIENCE
TEXT BOOK QUESTIONS AND THEIR ANSWERS
INTEXT QUESTIONS 14.1
Q. Fill in the blanks:
1. The Union of India consists of ……….. States. (18,25,28)
Ans. 28.
2. The minimum age for being a member of Vidhan Sabha is ………… years. (21,25,30)
Ans. 25.
3. The Governor of a State may nominate one member of in Vidhan Sabha belonging to …………. (Scheduled Caste, Scheduled Tribe,).
Ans. Anglo-Indian Community.
4. The Tenure of Vidhan Sabha is ………… years. (4,5,6)
Ans. 5.
5. In case of tie in the House casting vote is exercised by the ………… (Governor of the State, Chief Minister, Presiding Officer of the Legislature)
Ans. Presiding Officer of the Legislature.
INTEXT QUESTIONS 14.2
Q. Fill in the blanks:
1. The minimum age for the membership of Vidhan Parishad is …………. years. (25, 30, 35)
Ans. 30.
2. The tenure of members of Vidhan Parishad is …………. years. (4,5,6)
Ans. 6.
3. One-third members of the Vidhan Parishad retire after every ………….. years. (2,4,6)
Ans. 2.
4. The ……….. is empowered to create or abolish the Vidhan Parishad. (President, Governor, Parliament)
Ans. Parliament.
5. The State of …………. has bi-cameral Legislature. (Punjab, Haryana, Uttar Pradesh)
Ans. Uttar Pradesh.
INTEXT QUESTIONS 14.3
(A) Fill in the blanks:
1. State Legislature cannot make laws on the subjects listed in the ………… List. (Union, State, Concurrent).
Ans. Union.
2. Money bill is introduced in the State Legislature on the recommendation of the …………… (President, Governor, Chief Minister)
Ans. Governor.
3. The Vidhan Parishad has to return the money bill within ………… days. (14,30,90)
Ans. 14.
4. The Council of Ministers remains in office so long as it enjoys the confidence of the ………… (Governor, Vidhan Sabha, Vidhan Parishad).
Ans. Vidhan Sabha.
(B) Answer the following questions:
1. Who certifies a bill to be a money bill in the State?
Ans. Speaker of the State Assembly.
2. Who has the power to issue an ordinance in the State?
Ans. State Governor.
3. In whose election do the members of State Assembly vote?
Ans. The President, members of Rajya Sabha and 1/3 members of Legislative Council.
TERMINAL EXERCISES
Q. 1. Describe the composition of Vidhan Sabha (Legislative Assembly).
Ans. The Composition of Vidhan Sabha (The Legislative Assembly):
(i) There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of State. The members of Vidhan Sabha are directly elected by people on the basis of universal adult franchise. They are directly elected by all adult citizens registered as voters in the State.
(ii) All men and women who are 18 years age and above are eligible to be included in the Voters’ List. They vote to elect members of State Assembly.
(iii) Members are elected from territorial constituencies. Every State is divided into as many (single member) constituencies as the number of members to be elected.
(iv) As in case of Lok Sabha, certain number of seats are reserved for the Scheduled Castes, and in some States for Scheduled Tribes also. This depends on population of these weaker sections of the State.
(v) In order to become a Member of Vidhan Sabha a person must:
(a) be a citizen of India.
(b) have attained the age of 25 years.
(c) his/her name must be in voters’ list.
(d) must not hold any office a profit.
(vi) The number of Vidhan Sabha members cannot be more than 500 and not less than 60. However, very small states have been allowed to have a lesser number of members. Thus Goa has only 40 members in its Assembly. Uttar Pradesh (is a big state even after creation of Uttarakhand state in 2002) has 403 seats in the Assembly.
(vii) The Governor of the State has the power to nominate one member of Anglo-Indian community if this community is not adequately represented in the House.
(viii) As in case of the Lok Sabha, some seats are reserved for the members of Scheduled Castes and Schedule Tribes. The tenure of Vidhan Sabha is for five years, but the Governor can dissolve it before the completion of its term on the advice of Chief Minister. It may be dissolved by the President in case of Constitutional emergency proclaimed under Article 356 of the Constitution.
(ix) In case of proclamation of national emergency (under Article 352), the Parliament can extend the term of the Legislative Assemblies for a period not exceeding one year at a time.
Q. 2. Describe the powers and functions of the State Legislature.
Or
Describe the powers/functions of the State Legislative Assembly.
Ans.The Powers and Functions of the State Legislature:
1. Law-Making Function:
(a) The primary function of the State Legislature, like the Union Parliament, is lawmaking. The State Legislature is empowered to make laws on State List and Concurrent List.
(b) The Parliament and the Legislative Assemblies have the right to make the laws on the subjects mentioned in the Concurrent List. But in case of difference between the Union and State law on the subject the law made by the Parliament shall prevail.
(c) Bills are of two types-ordinary bills and money bills. Ordinary bills can be introduced in either of the Houses (if the State Legislature is bi-cameral), but money bill is first introduced in the Vidhan Sabha.
(d) After the bill is passed by both the Houses, it is sent to the Governor for his assent. The Governor can send back the bill for reconsideration.
(e) When this bill is passed again by the Legislature, the Governor has to give his assent. You have read that when the Parliament is not in session and if there is a necessity of certain law, the President issues Ordinance.
(f) Similarly, the Governor can issue an Ordinance on the State subjects when legislature is not in session.
(g) The ordinances have the force of law. The ordinances issued are laid before the State Legislature when it reassembles. It ceases to be in operation after the expiry of six weeks, unless rejected by the Legislature earlier.
(h) The Legislature passes a regular bill, to become a law, to replace the ordinance. This is usually done within six weeks after reass reassignment of Legislature.
2. Financial powers:
(a) The State Legislature keeps control over the finances of the State. A money bill is introduced first only in the Vidhan Sabha. The money bill includes authorization of the expenditure to be incurred by the government, imposition or abolition of taxes, borrowing, etc.
(b) The bill is introduced by a Minister on the recommendations of the Governor. The money bill cannot be introduced by a private member. The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill.
(c) After a money bill is passed by the Vidhan Sabha, it is sent to the Vidhan Parishad. It has to return this bill within 14 days with, or without, its recommendations.
(d) The Vidhan Sabha may either accept or reject its recommendations. The bill is deemed to have been passed by both Houses. After this stage, the bill is sent to the Governor for his assent. The Governor cannot withhold his assent, as money bills are introduced with his prior approval.
3. Control over the Executive:
(a) Like the Union Legislature, the State Legislature keeps control over the executive.
(b) The Council of Ministers is responsible to Vidhan Sabha collectively and remains in the office so long as it enjoys the confidence of the Vidhan Sabha. The Council is removed if the Vidhan Sabha adopts a vote of no-confidence, or when it rejects a government bill.
(c) In addition to the no-confidence motion, the Legislature keeps checks on the government by asking questions and supplementary questions, moving adjournment motions and calling attention notices.
4. Electoral Functions:
(a) The elected members of the Vidhan Sabha are members of the Electoral College for the election of the President of India. Thus they have say in the election of the President of the Republic.
(b) The members of the Vidhan Sabha also elect members of the Rajya Sabha from their respective States. One-third members of the Vidhan Parishad (if it is in existence in the State) are also elected by the members of the Vidhan Sabha.
(c) In all these elections, members of the Vidhan Sabha (Assembly) cost their votes in accordance with single transferable vote system.
5. Constitutional Functions: We have learnt about the procedure of amendment of the Constitution. An Amendment required for adoption to Constitution, having impact on the federal system, special majority of each House of the Parliament and ratification by not less than half of the States. The resolution for the ratification is passed by State Legislatures with simple majority. However, a Constitutional amendment cannot be initiated in the State Legislature.
Q. 3. Mention the limitations of the powers of the state legislature.
Ans. 1.In case a law passed by the state legislature is in conflict with the law passed by the Parliament, the state law is not applied to the extent it is in conflict with the Union Law.
2. Governor can reserve his assent to a bill for the consideration of the President. It is compulsory in case the powers of the High Court are being lessened.
3. In some cases, prior approval of the President for introducing the bill in the legislature is essential, such as for imposition of restrictions on the freedom of trade and commerce within the state or with other states.
4. The Parliament can make law on the subject of state list also if the Rajya Sabha passess such resolution by two-thirds majority.
5. In emergency the Parliament can legislate on any matter listed in the State List.
OBJECTIVE TYPE QUESTIONS
Choose the correct answer:
Q. 1. The Union of India consists of ……….. States.
(a) 28.
(b) 25.
(c) 16.
(d) 18.
Ans. (a) 28.
Q. 2. What is minimum age required for being a member of Vidhan Sabha (or the State Assembly)?
(a) 21 years.
(b) 25 years.
(c) 35 years.
(d) 30 years.
Ans. (b) 25 years.
Q. 3. The Governor of a State may nominate …………. members/members in Vidhan Sabha (State Assembly) belonging to ………….
(a) Anglo-Indian Community.
(b) Scheduled Tribe.
(c) Schedule Caste.
(d) Other Backward Caste.
Ans. (a) Anglo-Indian Community.
Q. 4. The normal tenure of Vidhan Sabha (State Assembly) is ……….. years.
(a) 5.
(b) 8.
(c) 6.
(d) 4.
Ans. (a) 5.
Q. 5. In case of tie in the House Casting Vote is exercised by the ………….
(a) Governor of the State.
(b) Chief Minister.
(c) Presiding Officer of the Legislature.
(d) The leader of the opposition.
Ans. (c) Presiding Officer of the Legislature.
Q. 6. The minimum age for being a member of Vidhan Parishad (Legislative Council) is ………… years.
(a) 30.
(b) 25.
(c) 35.
(d) 20.
Ans. (a) 30.
Q. 7. How many States are having Legislative Council or Vidhan Parishad?
(a) 5 States.
(b) 6 States.
(c) 7 States.
(d) 14 States.
Ans. (a) 5 States.
Q. 8. The Tenure of members of Vidhan Parishad (Legislative Council) is ……………
(a) 4.
(b) 5.
(c) 6.
(d) 7.
Ans. (c) 5.
Q. 9. One-third members of the Vidhan Parishad (Legislative Council) retire after every ………… years.
(a) 2.
(b) 4.
(c) 6.
(d) 8.
Ans. (a) 2.
Q. 10. Who is empowered to create or abolish the Vidhan Parishad (Legislative Council)?
(a) Parliament.
(b) President of India.
(c) Governor of State.
(d) Chief Justice of India.
Ans. (a) Parliament.
Q. 11. The State of ………… has bi-cameral Legislative.
(a) Uttar Pradesh.
(b) Punjab.
(c) Haryana.
(d) Goa.
Ans. (a) Uttar Pradesh.
