ICSE Solutions and Questions Answers for Union Parliament Class 10 Civics
We are going to learn the ICSE Solutions of first chapter of the Civics textbook of Class 10. The name of the chapter is Union Parliament. All types of questions including very short answer type, short answer type, structured questions and questions based on picture perception has been provided. This ICSE solutions for Union Parliament will help the students in learning the chapter outcome.
| Name of the chapter | Union Parliament |
| Subject | History and Civics |
| Topics covered |
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| Related Readings |
Very Short Questions
1. Name the organs of the Indian Government.
Answer
The organs of the Indian Government are:
(i) Legislature
(ii) Executive
(iii) Judiciary.
2. State the functions of Legislature, Executive and Judiciary.
Answer
The Legislature frames laws, the Executive performs its functions in accordance with these laws while the Judiciary interprets the laws and applies them in reality.
3. Which is the law making body at the Central level?
Answer
The Parliament is the law making body at the Central level.
4. What are the constituents of the Parliament?
Answer
The Parliament consists of the Lok Sabha, the Rajya Sabha and the President.
5. Name the lists which distribute the subjects of Legislation between the Union and the State.
Answer
The lists are:
(i) The Union List,
(ii) The State List, and
(iii) The Concurrent List
6. State any one federal feature of the Indian Constitution.
Answer
Federal feature of the Indian Constitution:
There is a division of legislative and administrative powers between the Union and the State Governments and none of them could violate the limitations imposed by the Constitution.
The Supreme Court stands at the head of Judiciary to safeguard this distribution of powers and to prevent any action which violates the limitations imposed by the Constitution.
7. India has which type of Legislature?
Answer
India has Bicameral Legislature.
8. Name the houses of Parliament.
Answer
The houses of Parliament are:
(i) The Lok Sabha,
(ii) The Rajya Sabha.
9. What is the normal tenure of the Lok Sabha?
Answer
The normal tenure of the Lok Sabha is five years.
10. Mention the maximum number of members in the Lok Sabha?
Answer
The maximum number of members in the Lok Sabha is 552 members.
11. Whom does the President nominate in the Lok Sabha?
Answer
The President nominates two members of the Anglo-Indian Community in the Lok Sabha.
12. What is the Constitutional provision with regard to the representation of the Anglo-Indian community in the Lok Sabha?
Answer
According to Article 79 of the Indian Constitution, the President of India is empowered to elect the two representatives of the Anglo-Indian community in the Lok Sabha.
13. Who elects the members of the Lok Sabha?
Answer
The members of the Lok Sabha are directly elected by the people on the basis of Universal Adult Franchise from single member constituencies. It means all citizens equal to or above 18 years of age have sight to vote without any discrimination.
14. What is the minimum age required to be a member of the Lok Sabha?
Answer
The minimum age required to be a member of the Lok Sabha is 25 years.
15. State the minimum number of times the Lok Sabha must meet in a year.
Answer
According to the constitution, the Lok Sabha must meet at least twice a year with no more than six months break between the two sessions.
16. An adult Indian citizen holding an office of profit under the State Government wishes to contest for election to the Lok Sabha. Is he/she eligible? Give a reason to justify your answer.
Answer
No, he/she is not eligible because he/she does not fulfil the qualification for membership by holding an office of profit under the government.
17. Who can dissolve the Lok Sabha before its tenure?
Answer
The President can dissolve the Lok Sabha before its tenure on advice of Prime Minister.
18. Who administers the Oath of Office to the Members of Parliament?
Answer
President administers the Oath of Office to the Members of Parliament.
19. What is meant by the term Quorum?
OR
Explain the term Quorum.
Answer
The term Quorum refers to the minimum number of members required to be present for the Parliamentary procedure.
20. What is the Quorum of the Lok Sabha?
Answer
The Quorum of the Lok Sabha is one-tenth of total number of members.
21. How is the Speaker of Lok Sabha elected?
Answer
The Speaker of the Lok Sabha is elected from among its own members.
22. Who presides over the proceedings of the Lok Sabha in the absence of the Speaker?
Answer
The Deputy Speaker presides over the proceedings of the Lok Sabha in the absence of the Speaker.
23. Who exercises a casting vote in case of a tie in the Lok Sabha?
Answer
In case of a tie in the Lok Sabha, the Speaker exercises a casting vote.
24. Which is the Upper House?
Answer
Rajya Sabha is the Upper House. It represent States and Union Territories.
25. When can the speaker of the Lok Sabha caste his vote?
Answer
The Speaker of the Lok Sabha puts the issues to vote and announces the results. The Speaker does not vote in the House, except when there are equal votes on both sides, i.e., the Treasury Benches and the Opposition.
26. Why cannot the Rajya Sabha be dissolved?
Answer
The Rajya Sabha is the Permanent House of the Parliament, thus it cannot be dissolved.
27. Who presides over the Joint session of the two Houses of Parliament?
Answer
Speaker of Lok Sabha Presides over the joint session of the two houses of Parliament.
28. Name the body, which elects the Rajya Sabha members.
Answer
The Legislative Assembly of the state elects the Rajya Sabha members.
29. How are the Rajya Sabha Members elected?
Answer
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. The representatives of the Union Territories are chosen in such a manner as Parliament may prescribe.
30. Mention the maximum number of members in the Rajya Sabha.
Answer
The maximum number of members in the Rajya Sabha is 250.
31. What is meant by Parliament?
Answer
Parliament is the legislative organ of the government at the national level. It controls the executive and finances of the nation. It is a body of people's representatives responsible for the overall governance of the country.
32. What is meant by federal structure of government?
Answer
In a federal structure, there are two sets of governments - the Union government and the State government. There is a division of legislative power and administrative authority between the centre and the states.
33. Mention the three constituents/components of the Indian parliament.
Answer
The Three components of the Indian Parliament are:
(i) The President of India.
(ii) The Rajya Sabha (i.e. the Upper House or Council of States)
(iii) The Lok Sabha (i.e. the Lower House or House of the People)
34. What is the strength of the Rajya Sabha for elected and nominated members?
Answer
The Rajya Sabha consists of 238 members elected from States and U.T. and 12 nominated members from the field of art, science, social services etc.
35. Who is the ex-officio chairperson of the Rajya Sabha?
Answer
The Vice-President of India is the Ex-officio Chairman of the Rajya Sabha.
36. Can Rajya Sabha exercise control over executive? Explain.
Answer
Although the Rajya Sabha cannot remove the Council of Ministers from office, yet the members of the Rajya Sabha can make the Council of Ministers responsible by seeking information from them.
37. What is the time limit within which the Rajya Sabha must return a Bill?
Answer
The Rajya Sabha can delay the passing of an ordinary bill for six months but the Money bill for 14 days only.
38. How is Lok Sabha constituted?
Answer
The Lok Sabha is composed of representatives of the people chosen by direct election on the basis of Universal adult suffrage. The current strength of Lok Sabha is 543. There is reservation of seats for SC/ST.
39. How many persons may the President of India nominate as members of the Rajya Sabha and what qualifications, if any, should they possess for nomination to the Rajya Sabha?
Answer
The President can nominate 12 members. They have special knowledge or practical experience in fields such as Literature, Science, Art and Social Service.
40. How does the Lok Sabha control the finances of our nation?
Answer
The Lok Sabha has supreme authority over financial affairs. All the Money-bills can be introduced first in the Lok Sabha alone. The Lok Sabha has the financial control over matters like levying or abolishing taxes and passing Union Budget.
41. How are the Speaker and the Deputy Speaker of the Lok Sabha elected?
Answer
The Speaker and the Deputy Speaker of the Lok Sabha are elected by the members from amongst themselves by simple majority.
42. How many members can the President nominate to the Lok Sabha? What is the criteria for the nomination?
Answer
The President can nominate two members of the Anglo-Indian Community in case the President feels that the community has not been adequately represented.
43. What is a constituency?
Answer
It is a well defined territorial area with a body of voters where voting is conducted to elect a member for representation in Lok Sabha or Legislative Assembly.
44. What is the constitutional provision with regard to the representation of the Anglo-Indian Community in the Lok Sabha ?
Answer
The President of India can nominate two members of the community if not adequately represented.
45. Who presides over the Lok Sabha in the absence of the Speaker and Deputy Speaker?
Answer
In the absence of the Speaker and the Deputy Speaker, one of the six members of the Panel chosen by the Speaker, presides over the Lok Sabha.
46. An Adult Indian citizen holding an office of profit under the State Government wishes to contest for election to the Lok Sabha. Is he/ she eligible? Give a reason to justify your answer?
Answer
No, he is not eligible because according to the Constitution of India, an M.P. or M.L.A. cannot hold any office of profit under the government of India or of any state.
Short Answer Type
1. State the difference between Unitary and Federal systems.
Answer
(i) A Unitary Government: all the powers are exercised by the Centre alone.
(ii) A Federal Government: The Union government and the State government coexist in a dual set and exercise powers within the spheres mentioned in the Constitution.
2. Why is the Lok Sabha called the Lower House and the Rajya Sabha as the Upper House?
Answer
The Lok Sabha is called the Lower House as its members are directly elected by the people of India. The Rajya Sabha is called the Upper House as it represents the states of the Union of India.
3. Describe the composition of Rajya Sabha?
Answer
The strength of the Rajya Sabha is fixed at 250 members. There are two categories of members: the elected members and the nominated members. There are 238 elected members, who represent the states and the Union Territories, including the National Capital Territory, Delhi. The President nominates 12 members to the Rajya Sabha.
4. How many members are required to complete the Quorum of the Rajya Sabha?
Answer
A minimum number of members required to be present to conduct a meeting of the Rajya Sabha is known as the Quorum. The Quorum of the Rajya Sabha is one-tenth of its membership. The Presiding Officer adjourns the House or suspends the meeting until there is Quorum.
5. What are the financial powers of Rajya Sabha?
Answer
Rajya Sabha has negligible financial powers as compared to Lok Sabha. It can neither initiate nor pass Money bill or Union Budget on it's own. The Rajya Sabha has to give its approval to the money bill passed by the Lok Sabha within 14 days.
6. State the power where Rajya Sabha enjoys an equal footing with Lok Sabha?
Answer
The Rajya Sabha on an equal footing with Lok Sabha, can impeach the President for violating the Constitution and it can remove a judge of the Supreme Court or High Court. Also for approving the continuation of an Emergency both the houses need to give their majority.
7. State the special powers of Rajya Sabha.
OR
What are the exclusive powers of Rajyasabha?
Answer
- Under Article 249, it can declare a state subject to be of national importance and empower the Union Parliament to legislate on it by passing a resolution to this effect by 2/3rd majority.
- The Rajya Sabha can establish All India Services by passing a resolution to this effect by 2/3rd majority.
- At the time of National Emergency when Lok Sabha is dissolved, Rajya Sabha assumes the role of the Union Parliament
8. Describe the role of Rajya Sabha in a federal system.
Answer
Though being superfluous Rajya Sabha has many advantages in federal functioning:
- Avoids hasty legislation: It passes certain bills after a thorough discussion and saves the time of Lok Sabha.
- The Rajya Sabha is a Permanent Chamber: It preforms the role of a full fledged parliament, if Lok Sabha is dissolved during an Emergency.
- People get more representation: Nominated members of Rajya Sabha are distinguished in the field of literature, art, science and social service.
9. How are the Rajya Sabha members elected?
Answer
The members of the Rajya Sabha are elected by a body comprising of elected members of the State Legislative Assemblies of each state. Hence elected MLAs of each state elect members of Rajya Sabha indirectly.
10. Mention the qualifications of the members of the Rajya Sabha?
Answer
- He/She should be a citizen of India.
- He/She should be minimum 30 years of age,
- Should not be an insolvent or of unsound mind or a proclaimed criminal.
- He should not hold any office of profit.
11. Mention the disqualifications of the members of Rajya Sabha?
Answer
- If he/she holds an Office of Profit at the Centre or State;
- If he/she is of unsound mind;
- If he/she is an undischarged insolvent;
- If he/she is an alien; (i.e. a citizen of other country)
- If he/she is disqualified under any law of the Parliament. (eg. Anti Defection Law)
12. What is the term of the Rajya Sabha? Can it be dissolved?
Answer
The Rajya Sabha is a Permanent House, hence it cannot be dissolved. Each member is elected for a term of six years. 1/3rd of its total members retire at the end of every two years, and the equal number of new members are elected to fill the vacancies caused by the retirement.
13. Who presides over the Rajya Sabha meetings? Who elects the Deputy Chairman?
Answer
The Vice-President (Ex officio chairperson of Rajya Sabha) presides over the Rajya Sabha meetings. The Deputy Chairman is elected by the members of the Rajya Sabha amongst themselves. The deputy chairman presides over the meetings of Rajya Sabha in the absence of the vice president.
14. Discuss the powers of the Rajya Sabha over the Executive. Can it dismiss the government from power?
Answer
The Rajya Sabha exercises some control over the Council of Ministers by asking questions in the Question Hour and the Zero Hour. But Rajya Sabha is not empowered to pass no confidence motion against the ministers. Hence it cannot dismiss the government from power.
15. Discuss the composition of the Lok Sabha?
Answer
The maximum strength of the Lok Sabha provided by the Constitution is 552. Out of these not more than 530 represent the States and not more than 20 represent the Union Territories. 2 members can be nominated by the President from the Anglo-Indian community.
16. How many sessions are conducted by Lok Sabha?
Answer
The Session means a period in which the House meets to conduct its business. A period of more than six months must not lapse between two sessions for the Lok Sabha. The Parliament should hold atleast two sessions in a year.
Normally three-sessions are held in a year:
(i) Summer session (Feb-May)
(ii) Monsoon session (July-Sept)
(iii) Winter session (Nov-Dec)
17. Who is Presiding Officer of Lok Sabha? How is he elected?
Answer
The Presiding Officer of the directly elected House of the People i.e., the Lok Sabha is the Speaker. He is one of the highest constitutional functionaries in India's Parliamentary System. Speaker is elected from within the Lok Sabha by a simple majority of members present and voting in the House.
18. State the disciplinary functions of Speaker?
Answer
Disciplinary Functions:
- Maintains order in the house.
- Decides regarding breach of privilege and Contempt of the House.
- Under the Anti-Defection Act of 1985, the Speaker is vested with the power relating to the disqualification of a member of the Lok Sabha.
19. State the functions of the Speaker related to Parliamentary Committees.
Answer
- The Committees of the House function under the overall direction of the Speaker. Speaker is the exofficio chairperson of the Business Advisory Committee and Rules Committee.
- The Chairmen of all Parliamentary Committees are appointed by him. The Speaker gives direction to them on all matters related to their work and procedures to be followed.
20. How does the Speaker regulate the business of the House?
Answer
(i) Presides over the meetings of the House and conducts its proceedings.
(ii) Decides the admissibility of a question, resolution and motion of adjournment.
(iii) The Speaker interprets the rules of procedure in the House.
(iv) Certifies whether a Bill is a Money Bill or an Ordinary Bill.
(v) Exercises his casting vote in case of a tie.
21. How are the members of the Lok Sabha elected?
Answer
The members of the Lok Sabha are elected directly on the basis of Universal Adult Franchise. Each State and Union Territory is divided into various constituencies and each constituency elects one member. The elected candidate occupies a seat in Lok Sabha and represents his/her constituency.
22. What is the maximum period that shall not intervene between the two sessions of the Parliament?
Answer
The Session means a period in which the House meets to conduct its business. A period of more than six months must not lapse between two sessions for the Lok Sabha. The Parliament should hold atleast two sessions in a year.
23. Mention important administrative functions of the Lok Sabha Speaker.
Answer
- Receive petitions and documents addressed to the House.
- Regulates the admission to the visitors and press correspondents to the galleries of the House.
- Communicates the decisions of the House to the concerned authorities.
24. What are the advantages of the Lok Sabha?
Answer
(i) Lok Sabha is considered the mirror and voice of the nation as its members are directly elected by the people.
(ii) It is the Lok Sabha which makes, supports and throws out governments.
25. Whom does the President summon to form a government after the election to the Lok Sabha? In what circumstances can the Lok Sabha exceed its regular term?
Answer
The leader of the majority party is summoned by the president to form a government after the election to the Lok Sabha. During the proclamation of an emergency the period of the Lok Sabha may be extended by Parliament for one year at a time.
26. What are the special powers enjoyed by Lok Sabha?
Answer
- Motions of No-confidence against the government can only be introduced and passed in the Lok Sabha;
- Money Bills can be introduced only in the Lok Sabha and the Rajya Sabha cannot reject or amend it.
- In case of a deadlock between the two Houses, the will of the Lok Sabha prevails due to its greater numerical strength.
27. Why did India choose federal form of government over unitary?
Answer
In a Unitary State, all powers are vested in the Central government, whereas in a Federal State, the powers are divided between the Central and the State governments. Legislative powers and administrative author-ity are divided among both the governments by the constitution.
28. How are Lok Sabha seats allotted?
Answer
On the basis of the population in the state, the territory of the state is divided into constituencies or electoral districts. Each electoral district is allotted one seat in the Lok Sabha. India is divided into 543 single member constituencies for Lok Sabha Elections.
29. Union Parliament is more powerful than the States in legislative matters. Prove.
Answer
(i) The Parliament has exclusive powers to make laws on all the 97 subjects mentioned in the Union List, including important subjects like defence, communication, foreign policy etc.
(ii) The Parliament can also make laws on 67 subjects in the State List in the following situation:
- During the Proclamation of Emergency,
- When the Rajya Sabha declares by a resolution with 2/3 majority that a State-list subject has gained national importance.
(iii) Even on a subject in the Concurrent List, both the Parliament and a State legislature may make a law, but the law made by the Parliament supersedes the law of the State Legislature. This establishes the superiority of the Parliament over the State Legislatures.
30. State any one federal feature of the Indian Constitution.
Answer
Federal Feature of the Indian Constitution: There is a division of legislative and administrative powers between the Union and the State Governments and none of them could violate the limitations imposed the Constitution. The Supreme Court stands at the head of Judiciary to safeguard this distribution of powers and to prevent any action which violates the limitations imposed by the Constitution.
31. Differentiate between Unicameral and Bicameral Legislature.
Answer
Legislature is the law making organ of the State. If a legislature has two houses, Lower House and Upper House, it is called Bicameral Legislature and when a Legislature has only one House, it is called Unicameral Legislature.
32. Give any four qualifications necessary for an individual seeking election to the Lok Sabha.
Answer
He/She must be:
(i) Citizen of India.
(ii) Not less then 25 years of age.
(iii) Mentally sound.
(iv) He/She should not be a proclaimed criminal, that is, he or she should not be a convict, a confirmed debtor or otherwise disqualified by law.
33. What are the disqualifications laid down to be elected as the member of Lok Sabha?
Answer
The disqualifications for the members of the Lok Sabha are:
- If he/she is a government contractor, etc.
- If he/she is convicted by a court of law in India and sentenced to imprisonment for more than two years.
- If a member of Parliament is found guilty of election offices or corrupt practices.
- If he/she does not lodge an account of his election expenses.
34. What are the facilities and allowances given to a Member of Parliament?
Answer
Members of Parliament are paid such salaries and allowances as are determined from time to time by the Parliament.
- The members are allowed a daily allowance when the Parliament is in session.
- They are entitled to free railway travel throughout India.
- They are also given amenities like housing, telephone, electricity, etc.
35. What are the privileges and immunities of the members of the Lok Sabha?
Answer
- The members of both the Houses have absolute freedom of speech in their respective Houses. The legal proceedings cannot be made against them due to the speech or remark made by them on the floor of the House.
- No civil proceedings can be conducted against them when the Parliament is in session. They enjoy the freedom from appearing in court as witness on furors.
36. Who elects the Members of the Rajya Sabha?
OR
How are the Rajya Sabha members elected?
Answer
The Members of the Rajya Sabha are indirectly elected by the elected members of the State Legislative Assemblies and Union territories according to the system of proportional representation by the means of single transferable vote system.
OR
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. The representatives of the Union Territories are chosen in such a manner as the Parliament may prescribe.
37. What is the duration of the Lok Sabha?
Answer
Duration of the Lok Sabha: The term of the House is five years, if it is not dissolved earlier. When a Proclamation of Emergency is in operation, the life of the House may be extended by a law of Parliament. But this extension shall in no case be more than a year at a time. Extension will not continue beyond a period of six months after the proclamation has ceased to exist.
38. What is the maximum strength of the Lok Sabha provided by the Constitution? How many members does the President nominate to the Lok Sabha? How are members to the Lok Sabha elected?
Answer
The maximum strength of the Lok Sabha provided by the Constitution is 552. The President nominates two members of the Anglo India Community to the Lok Sabha. The members of the Lok Sabha are directly elected by the people.
39. Give any four qualifications necessary for an individual seeking election to the Lok Sabha.
Answer
Qualifications of members: In order to be chosen as a member of the Lok Sabha a person;
(i) should be a citizen of India;
(ii) should not be less than 25 years of age; and
(iii) should possess such other qualifications as may be prescribed under any law made by Parliament.
(iv) A person shall not be qualified to be elected for a seat in the Lok Sabha unless he is registered as a voter in any of the Parliamentary constituencies;
(v) should be mentally sound.
40. What is the schedule for Parliamentary sessions?
Answer
Sessions of the Lok Sabha: The sessions of each House of Parliament are summoned by the President. This is subject to the condition that six months shall not intervene between the two sessions. In other words, Parliament should hold at least two sessions in a year.
Normally, three sessions are held in a year:
(i) Budget Session (February - May),
(ii) Monsoon Session (July - September), and
(iii) Winter Session (November - December).
The President is empowered to prorogue Parliament or any of its Houses. He may dissolve the Lok Sabha.
41. How can the Speaker be removed from office?
Answer
The Speaker can resign from his post on the grounds of ill-health or by submitting a resignation letter to the Deputy Speaker. The Speaker can also be removed from his office by a resolution passed by the majority of members of the House. Before passing such a resolution, the House has to serve a notice of fourteen days to the Speaker. During the notice period, the Deputy Speaker cannot preside over the meetings of the Lok Sabha.
42. Discuss the powers of the Speaker of the Lok Sabha in reference to regulate proceedings of the House.
Answer
Power to regulate proceedings of the House:
- Speaker presides over meetings of the House. He allots time for the discussion of matter mentioned in the President's address. He decides who shall have the floor and all speeches and remarks are addressed to the Chairman.
- The Speaker decides the admissibility of questions and all resolutions. He is the final judge to decide on the admissibility of a Motion of Adjournment.
- All bills passed by the House are authenticated by his signatures before they are sent to the Rajya Sabha for its consideration or to the President for his assent.
43. Mention three Disciplinary functions of the Speaker of the Lok Sabha.
Answer
Disciplinary functions:
(i) The Speaker maintains order in the House. He may name a member for suspension, if he disregards the authority of the Chair. In case of grave disorder, he can adjourn the House.
(ii) If the Speaker is of the opinion that a word or words used in the debate are indecent or unparliamentary, he may expunge such words from the proceedings of the House.
(iii) The Speaker decides whether there is a prima facie case regarding breach of privilege or contempt of the House.
44. Discuss about Administrative functions of the Speaker of the Lok Sabha.
Answer
Administrative functions:
- The Speaker receives all petitions and documents addressed to the House.
- He communicates the decisions of the House to the concerned authorities and requests them to comply with such decisions.
- He allows the admission of strangers and press correspondents to the galleries of the House.
45. How the Parliamentary Committees are controlled by the Speaker of the Lok Sabha?
Answer
Control over Parliamentary Committees:
- The speaker is the Ex-officio Chairman of some of the Committees of the House, such as the Business Advisory Committee and the Rules Committee.
- He appoints Chairman of all Committees of the House.
- He issues directions to the Chairman in all matters relating to their working.
- If Government claims that a particular document is secret, but the Committees insist on its production before them, the matter is referred to the Speaker for advice and his instructions are obeyed.
46. How are members to the Rajya Sabha elected?
Answer
Manner of Election: The representatives of each State in the Rajya Sabha are elected by the elected members of the Legislative Assembly of each State.
- This is done in accordance with the system of proportional representation by means of the single transferable vote.
- The representatives of the Union Territories shall be chosen in such manner as Parliament may prescribe.
- The three representatives from Delhi are elected by the members of the Legislative Assembly.
- The Rajya Sabha at present consists of 245 members, among them 12 were nominated by the President.
47. What are the qualifications of the members of the Rajya Sabha?
Answer
Qualifications for membership: In order to be chosen as a member of the Rajya Sabha, a person;
(i) Must be a citizen of India;
(ii) Must not be less than 30 years of age.
(iii) Must possess such additional qualifications as may be prescribed by law from time to time.
Under the Representation of People Act, a person should ordinarily be a resident of the State or the Territory where from he is seeking election.
48. Mention two ways in which the Rajya Sabha and the Legislative Council can control the executive. Explain one of its limitations in this regard.
Answer
Two ways in which Rajya Sabha and the Legislative Council can control the executive:
- It can reject an Ordinary Bill passed by the Lower House which would then be resolved by a joint session.
- Though a Money Bill originates in the Lower House it can be sent back with recommendations. One limitation in this regard is that the Lower House is not bound to follow the recommendations.
Long Answer Type
1. Mention four special powers of the Rajya Sabha.
OR
What are the powers of the Rajya Sabha? Describe the legislative and financial powers of the Rajya Sabha.
OR
Mention any three special powers of the Rajya Sabha that is usually not enjoyed by the other House.
Answer
Four special powers of the Rajya Sabha are:
(i) The proclamation of emergency by the President is passed by the Rajya Sabha if the Lok Sabha is not in session or has been dissolved.
(ii) The Rajya Sabha enjoys equal powers with the Lok Sabha in matters like amendment of the constitution, election and impeachment of the President, Vice President and Judges of the Supreme Court and High Court.
(iii) No laws on any subjects of the State list can be made by the Lok Sabha without a 2/3rd majority of the Rajya Sabha.
(iv) The approval of Rajya Sabha is necessary in case of creating one or more Indian services common to the Union as well as the States.
2. What is the relation between the Rajya Sabha and the Lok Sabha?
Answer
Both the Lok Sabha and the Rajya Sabha enjoy equal powers but the Lok Sabha is more powerful than the Rajya Sabha:
(i) The Rajya Sabha has no control over the Cabinet who are responsible to the Lok Sabha. It cannot censure a minister or bring a No-Confidence Motion.
(ii) In financial matters the power of the Rajya Sabha is negligible as no Money Bill can be introduced in the Rajya Sabha. It can just scrutinize the Bill.
(iii) In all matters of legislation including Constitutional Amendment, the Rajya Sabha enjoys the equal powers with Lok Sabha.
(iv) Rajya Sabha enjoys two exclusive powers:
- If the Rajya Sabha passes by two-third majority sitting and voting that a particular subject mentioned in the State list is of national interest then the Parliament is empowered to make laws on the subject.
- Rajya Sabha can decide to set up an All India Service in the similar way.
3. In the context of the Union Parliament, describe the Financial Powers of the Union Parliament.
Answer
Financial Powers of Parliament:
(i) The Budget: The Parliament passes the annual Union Budget containing the estimates of receipts and expenditure of the government for a financial year. The Budget is presented in two parts, namely, the Railway Budget and the General Budget.
(ii) Supplementary Grants: If the amount authorised for the current financial year is not sufficient, the government may make a fresh demand known as the 'Supplementary Grant'. It is also passed in the same manner as the Annual Budget is passed.
(iii) Votes on Account: If the Union Budget is not passed before the beginning of the new financial year, i.e., April 1, then there would be no money for the government to spend. There is, therefore, a device known as 'Vote on Account' which authorises the government to draw funds from the Consolidated Fund of India until the Budget is passed by the Parliament.
(iv) Fixation of Salaries: The salaries and allowances of MPs and Ministers are determined by the Parliament.
(v) Permission for Taxes: No tax can be imposed or money spent by the Government without the approval of the Parliament.
4. Mention four Administrative or Executive Powers of the Union Parliament.
Answer
The four Administrative or Executive Powers of the Union Parliament are:
- Monetary Controls: The Parliament can move a cut motion when the Union Budget is under consideration. The Parliamentary Committee ensures that the public money is spent in accordance with Parliament's decision.
- Censure Motion and No Confidence Motion: If the Parliament disapproves of some action policy of the Union Council or its members they can move a Censure Motion which would result in the resignation of the government. But a vote of Censure against an individual would not have that effect. They can also carry out a No-Confidence Motion.
- Adjournment Motion: The routine business of the Parliament can be postponed by this and the House can discuss the government for its acts of omission or commission.
- Question Hour: Through this the Parliament seeks information from the government about its policies and performance. The first hour in both Houses is allotted for this.
5. With reference to the Rajya Sabha, answer the following questions:
(a) How are the members of the Rajya Sabha elected?
(b) What are the qualifications of the members of the House?
(c) What is the term of the House and tenure of each member?
Answer
(a) The members of the Rajya Sabha from each State are elected by the elected members of the Legislative Assembly of that State. The representatives of the Union Territories are chosen in such a manner as may be prescribed by the Parliament.
(b) In order to become a member of the Rajya Sabha, a person must possess the following qualifications:
- He should be a citizen of India.
- He should be at least of 30 years.
- Should not be a proclaimed criminal.
- He should ordinarily be a resident of the State or Union Territory from where he/she is seeking election.
- Should not be an insolvent or of unsound mind.
(c) The Rajya Sabha is a Permanent House. It cannot be dissolved. Each member has a term of six years. One third of its total number of members retire at the end of every two years, and the equal number of new members are elected or nominated to fill the vacancies caused by the retirement of 1/3rd members. Thus, the Rajya Sabha continues to exist, though its members retire when they complete their six years tenure. They can also be re-elected or renominated.
6. In view of the Lok Sabha, answer the following:
(a) Qualifications of a member of the Lok Sabha.
(b) Disqualifications of a member of the Lok Sabha.
(c) Term of the Lok Sabha. Can it be reduced?
(d) Annual schedule of the Parliamentary session.
Answer
(a) In order to be elected as a member of the Lok Sabha, a person must:
- Be a citizen of India,
- Be at least twenty five years of age and
- Also be registered as a voter in any of the Parliamentary constituencies.
- Not be an insolvent or of unsound mind.
(b) A person shall be disqualified to become the member of the Lok Sabha:
- If he holds an office of profit in the Centre or a State (The office of a Minister or Deputy Minister is not regarded as an office of Profit for the purpose).
- If he is of unsound mind declared by a competent court.
- If he is an undischarged insolvent.
- If he is a proclaimed offender or criminal.
- If disqualified under Anti Defection Law.
(c) The term of the Lok Sabha is five years. But it can be dissolved earlier by the President if a motion expressing `No-Confidence' against the Government is moved and passed by the opposition.
(d) The President calls the session of the Lok Sabha, at least two times in a year, provided that not more than six months should pass between the two sessions. The President can also call a special session.
Normally, as per the practice, three sessions are held in a year:
- Budget Session (from February to April).
- Monsoon Session (July to September).
- Winter Session (November to December).
7. What are the powers and functions of the Speaker with reference to the following:
(a) Disciplinary powers
(b) Administrative powers
(c) Regulation of Parliamentary procedure
(d) Supervisory control over committees of the Parliament.
Answer
(a)
- (i) To maintain order in the House, he may name a member for suspension or in case of grave disorder, he may adjourn the House.
- (ii) He may expunge word/words from a debate, if it is unparliamentary in his opinion.
- (iii) He decides cases of breach of privilege or contempt of the House.
(b)
- He receives all documents and petitions sent to the House.
- He communicates decisions of the House to the concerned authorities and requests compliance.
- He allows strangers and press correspondents to the galleries of the House.
- Heads Lok Sabha Secretariat.
(c) He regulates the proceedings and debates in the House.
- He presides over its meetings and allots time for discussion on matters mentioned in President's address. All remarks and speeches are addressed to the Speaker.
- Decides about the admissibility of all Questions, Resolutions and Adjournment Motions.
- Signs all the Bills to signify their passage in the Lok Sabha, before they are sent to the other House or to the President for assent.
- He decides whether a bill is a Money Bill or an Ordinary Bill.
- Interprets the rules of procedure.
- He puts questions to vote and exercises the casting vote in case of a tie.
(d)
- He is the ex-officio Chairman of the Rules Committee and the Business Advisory Committee of the House.
- He appoints Chairmen of all committees of the House and issues them directions regarding their work.
- He decides whether a particular document is secret or not and whether to be placed before a committee or not.
8. As far as the legislative powers of the Union Parliament are concerned, answer the following:
(a) Union List
(b) State List
(c) Concurrent List
(d) Residuary Powers
Answer
(a) Powers over Union List: The Parliament has exclusive powers to make laws on the 97 subjects in the Union List, including important subjects like defence, foreign policy, communications, etc.
(b) Powers over State List:
- The Parliament can legislate on 67 subjects included in the State List during the Proclamation of an Emergency.
- During the President's rule in a State, the Parliament not only passes the laws on the State subjects but also passes the State budget.
- When the Rajya Sabha passes a resolution with two-thirds majority that a subject in the State List has assumed national importance, the Union Parliament can legislate on that subject.
- When two or more States are of the opinion that the Parliament should legislate on a subject given in the State List, but that would be applicable only to the consenting states.
(c) Powers over Concurrent List:
- The Legislative Assembly and Parliament can make laws on 47 subjects listed in the Concurrent List.
- If there is any conflict between the Union Parliament and the State Legislature on any law over this list, the Union Law will prevail.
(d) Residuary Powers: The Parliament possesses residuary powers. It means that it can make laws with respect to all those matters which are not mentioned in any of the three Lists - the Union List, the State List and the Concurrent List.