Class 11 Political Science Chapter 5: Legislature
Welcome to HSLC Guru! This page provides complete question and answer solutions for Class 11 Political Science Chapter 5 — Legislature, prepared strictly according to the ASSEB (Assam State Board of Secondary Education) and NCERT-aligned syllabus for the Higher Secondary First Year (HS 1st Year) examination. This chapter explains the structure and working of the Indian Parliament, the powers and functions of the two Houses (Lok Sabha and Rajya Sabha), the law-making procedure, parliamentary committees, the Speaker’s role, and the Anti-Defection Law. The solutions cover all NCERT textbook questions along with additional short-answer, long-answer and multiple choice questions to help students prepare thoroughly for the ASSEB HS Final Examination.
Summary
The chapter “Legislature” deals with the most representative organ of a democratic government — the law-making body. In India the Union Legislature is called Parliament and consists of three components: the President, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Because Parliament has two Houses, the Indian legislature is described as bicameral. A bicameral system is preferred in large, diverse countries because it gives representation to all sections and regions of society and provides a system of checks and balances against hasty law-making.
The Lok Sabha is the lower house and the directly-elected popular chamber of Parliament. According to Article 81, its maximum strength is fixed at 550 elected members (530 from States + 20 from Union Territories), but with the two earlier nominated Anglo-Indians the working maximum was 552. The current membership stands at 545. Members are elected by adult universal franchise from territorial constituencies for a normal term of five years. The Lok Sabha can be dissolved earlier by the President on the advice of the Council of Ministers, or its life may be extended for one year at a time during a National Emergency. The presiding officer of the Lok Sabha is the Speaker, elected by the members from amongst themselves.
The Rajya Sabha is the upper house. Under Article 80 its maximum strength is 250 — of which 238 represent States and Union Territories and 12 are nominated by the President from persons of distinguished knowledge in literature, science, art and social service. State representatives are elected indirectly by the elected members of the State Legislative Assemblies through a system of proportional representation by means of a single transferable vote. The Rajya Sabha is a permanent house — it is never dissolved; one-third of its members retire every two years and each member has a six-year term. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. Rajya Sabha enjoys two important special powers: under Article 249 it can authorise Parliament to make laws on a State List subject in the national interest, and under Article 312 it can recommend the creation of new All-India Services.
The chief functions of Parliament are legislative (passing laws on the Union and Concurrent Lists), financial (approval of the Union Budget, Money Bills and taxation), executive control (Question Hour, Zero Hour, no-confidence motion, calling-attention motions, adjournment motion), constitutional (amending the Constitution under Article 368), electoral (participation in the election of the President and the Vice-President), and judicial (impeachment of the President, removal of judges of the Supreme Court and High Courts). The law-making procedure involves three readings in each House. A Bill may be an Ordinary Bill, a Money Bill (Article 110, introduced only in Lok Sabha on the President’s recommendation, returned by Rajya Sabha within 14 days), or a Constitutional Amendment Bill (Article 368, requires special majority and in some cases ratification by half the State Legislatures). When two Houses disagree on an Ordinary Bill, the President may summon a Joint Session under Article 108, presided over by the Speaker of the Lok Sabha.
Because the modern Parliament must deal with hundreds of complex bills, much of the detailed scrutiny is done through Parliamentary Committees — Standing Committees, Select Committees, Joint Committees, Departmentally Related Standing Committees (introduced 1993), and financial committees such as the Public Accounts Committee, Estimates Committee and Committee on Public Undertakings. The Anti-Defection Law contained in the Tenth Schedule (added by the 52nd Constitutional Amendment, 1985) disqualifies a legislator who voluntarily gives up the membership of his party or votes against the party whip — the decision being given by the Speaker / Chairman. The State Legislatures follow the same pattern; in most States the legislature is unicameral (Vidhan Sabha only), while six States — Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana — have a bicameral legislature with a Vidhan Parishad (Legislative Council) in addition to the Vidhan Sabha.
সাৰাংশ
“আইনসভা” অধ্যায়টোত গণতান্ত্ৰিক চৰকাৰৰ আটাইতকৈ প্ৰতিনিধিত্বমূলক অংগ — আইন প্ৰণয়নকাৰী সংস্থাটোৰ বিষয়ে বৰ্ণনা কৰা হৈছে। ভাৰতৰ কেন্দ্ৰীয় আইনসভাক সংসদ (Parliament) বুলি কোৱা হয় আৰু ই তিনিটা অংগৰে গঠিত — ৰাষ্ট্ৰপতি, লোকসভা (House of the People) আৰু ৰাজ্যসভা (Council of States)। সংসদৰ দুটা সদন থকা বাবে ভাৰতৰ আইনসভাক দ্বিকক্ষীয় (Bicameral) বুলি কোৱা হয়। বৃহৎ আৰু বৈচিত্ৰ্যপূৰ্ণ দেশত দ্বিকক্ষীয় ব্যৱস্থাই সমাজৰ সকলো অংশ আৰু অঞ্চলক প্ৰতিনিধিত্ব দিয়ে আৰু অপৰিপক্ক আইন প্ৰণয়নৰ পৰা ৰক্ষা কৰে।
লোকসভা হৈছে প্ৰত্যক্ষভাৱে নিৰ্বাচিত সদন। অনুচ্ছেদ ৮১ অনুসৰি ইয়াৰ সৰ্বাধিক সদস্য সংখ্যা ৫৫০ (ৰাজ্যৰ পৰা ৫৩০ + কেন্দ্ৰীয় শাসিত অঞ্চলৰ পৰা ২০) আৰু বৰ্তমান সদস্য সংখ্যা ৫৪৫। সদস্যসকলক প্ৰাপ্তবয়স্ক ভোটাধিকাৰৰ যোগেদি প্ৰতিটো নিৰ্বাচন ক্ষেত্ৰৰ পৰা ৫ বছৰৰ বাবে নিৰ্বাচিত কৰা হয়। লোকসভাৰ অধ্যক্ষক স্পিকাৰ বোলে। ৰাজ্যসভাৰ সৰ্বাধিক সদস্য সংখ্যা ২৫০ (২৩৮ + ১২ মনোনীত)। ই এক স্থায়ী সদন — ই কেতিয়াও বিলোপ নহয়; প্ৰতি দুবছৰৰ মুৰত এক-তৃতীয়াংশ সদস্য অৱসৰ লয়। প্ৰতিজন সদস্যৰ কাৰ্যকাল ৬ বছৰ। ৰাজ্যসভাৰ ভাৰপ্ৰাপ্ত সভাপতি হৈছে ভাৰতৰ উপ-ৰাষ্ট্ৰপতি।
সংসদৰ মুখ্য কাৰ্যাৱলী হৈছে — আইন প্ৰণয়ন, বিত্তীয় নিয়ন্ত্ৰণ, কাৰ্যনিৰ্বাহক বিভাগৰ ওপৰত নিয়ন্ত্ৰণ, সাংবিধানিক সংশোধন, নিৰ্বাচন আৰু বিচাৰিক কাৰ্য। বিল তিনি প্ৰকাৰৰ — সাধাৰণ বিল, ধন বিল (অনুচ্ছেদ ১১০) আৰু সাংবিধানিক সংশোধন বিল (অনুচ্ছেদ ৩৬৮)। দুয়োখন সদনৰ মাজত মতানৈক্য হ’লে অনুচ্ছেদ ১০৮ অনুসৰি যুটীয়া অধিৱেশন অনুষ্ঠিত হয়। সংসদীয় সমিতিসমূহে বিলসমূহক বিশদভাৱে পৰীক্ষা কৰে। দশম অনুসূচীত থকা দল-ত্যাগ বিৰোধী আইনই (১৯৮৫ চনৰ ৫২তম সংশোধন) দল সলোৱা সদস্যক অযোগ্য ঘোষণা কৰাৰ ব্যৱস্থা ৰাখিছে।
NCERT Textbook Questions and Answers
Q1. A student of Class XI was making a presentation on the powers of the Indian Parliament. Look at the chart she prepared. Which of the following information is not factually correct?
Answer: Among the four functions usually listed (legislative, executive, financial and judicial) the answer depends on the wrong entry shown. In standard NCERT charts the incorrect statement is the one which says “Parliament can amend the Constitution by a simple majority” — this is wrong because amendment requires a special majority under Article 368. All other functions — making laws, controlling the executive, passing the budget and impeaching the President — are correctly listed as powers of Parliament.
Q2. Why do we need a Parliament? Discuss.
Answer: Parliament is needed in a democracy for the following reasons:
- Parliament is the law-making body that frames laws for the entire country.
- It is the most representative institution and reflects the will of the people.
- It controls the executive (Council of Ministers) by holding it accountable through Question Hour, motions, and the no-confidence procedure.
- It controls the public finances by sanctioning the Budget, taxes and expenditure.
- It serves as the highest forum for debate and discussion of national problems.
- It exercises the power to amend the Constitution.
- It performs electoral functions such as participating in the election of the President and the Vice-President.
Without a Parliament, the government would become arbitrary and the principles of representative democracy would be violated.
Q3. Why do we need two Houses of Parliament? (Bicameral debate among Neha, Shama and Tridib)
Answer:
- Neha’s claim that two Houses serve no purpose — incorrect. The two Houses provide representation to different sections and regions of the country and offer a system of checks and balances. The second House helps to scrutinise legislation and prevent hasty law-making.
- Shama’s argument that experts should be nominated to one House — partly correct. The President nominates 12 members to the Rajya Sabha from among persons of distinguished knowledge in art, literature, science and social service.
- Tridib’s view that a second House is unnecessary in a non-federal nation — incorrect. Even non-federal countries have second chambers because they help to represent diverse interest groups and provide deliberative scrutiny of laws.
Q4. Why is the Lok Sabha said to be more powerful than the Rajya Sabha?
Answer: The Lok Sabha is more powerful than the Rajya Sabha for the following reasons:
- Direct election: Lok Sabha members are directly elected by the people; Rajya Sabha members are indirectly elected.
- Control over executive: The Council of Ministers is collectively responsible only to the Lok Sabha. A vote of no-confidence in the Lok Sabha brings down the government — the Rajya Sabha cannot do this.
- Money Bills: Money Bills can originate only in the Lok Sabha. Rajya Sabha must return them within 14 days, and its recommendations are not binding on Lok Sabha.
- Joint sittings: In a joint sitting, the larger Lok Sabha numerically prevails.
- Budget: The Union Budget must be introduced in the Lok Sabha first.
Q5. How is the Rajya Sabha constituted?
Answer: The Rajya Sabha has a maximum strength of 250 members. Of these, 238 represent the States and Union Territories. The members are elected indirectly by the elected members of the State Legislative Assemblies through a system of proportional representation by means of a single transferable vote. The remaining 12 members are nominated by the President of India from persons of distinguished knowledge in literature, science, art and social service. The Rajya Sabha is a permanent body — one-third of its members retire every two years, and each member serves a term of six years.
Q6. What are the special powers of the Rajya Sabha?
Answer: The Rajya Sabha enjoys the following special powers:
- Article 249 — National Importance: The Rajya Sabha can pass a resolution by a two-thirds majority declaring a State List subject to be of national importance, thereby empowering Parliament to make law on it for one year.
- Article 312 — All-India Services: Only the Rajya Sabha can authorise Parliament to create new All-India Services through a two-thirds resolution.
- Removal of Vice-President: The motion to remove the Vice-President of India can originate only in the Rajya Sabha.
- Continuity: Because the Rajya Sabha is permanent, it ensures continuity of legislative business when the Lok Sabha is dissolved.
Q7. Why is there an anti-defection law in India? Has it been able to curb defections?
Answer: The Anti-Defection Law was introduced through the 52nd Constitutional Amendment in 1985, which inserted the Tenth Schedule in the Constitution. Its main purpose was to prevent legislators from changing parties for personal gain (the practice of “Aaya Ram, Gaya Ram”). A legislator is disqualified if he/she voluntarily gives up party membership or votes/abstains against the party whip. The Speaker / Chairman is the deciding authority. The 91st Constitutional Amendment, 2003 strengthened the law by removing the “split” exception. The law has reduced floor-crossing but has also strengthened the control of party leaders over individual legislators, which has compromised independent thinking inside the legislature.
Q8. What is the importance of Question Hour in Parliament?
Answer: The first hour of every parliamentary sitting (usually 11 a.m. to 12 noon) is reserved as Question Hour. During this period members of Parliament put questions to ministers about their administration, and the ministers are bound to answer. Question Hour serves three vital purposes:
- It is the most important instrument of parliamentary control over the executive.
- It exposes the lapses, mistakes and weaknesses of government departments.
- It informs the public about government activities and policies through reported answers.
Questions are of three types — Starred (oral answer with supplementary), Unstarred (written answer, no supplementary) and Short Notice (urgent matter, less than 10 days’ notice).
Q9. Arrange the stages in the proper sequence in which a Bill becomes a Law.
Answer: The correct sequence is:
- Drafting of the Bill (by the concerned ministry / member).
- Introduction of the Bill in the House (First Reading).
- Reference to a Select Committee / Standing Committee.
- Clause-by-clause discussion (Second Reading).
- Voting and passage in the House where the bill was introduced.
- Bill is sent to the other House where it goes through the same stages.
- If both Houses pass the bill, it is sent to the President for assent.
- After the President’s signature, the Bill becomes a Law (Act).
If the President refuses to give assent to a non-Money Bill, he/she can return it once for reconsideration; if it is passed again by Parliament, the President is bound to give assent.
Q10. How do parliamentary committees control the functioning of the executive?
Answer: Modern parliaments have to pass a very large number of laws on technical and complex subjects, and there is no time on the floor of the House to discuss them in detail. To overcome this difficulty, Parliament has created a system of committees since 1983 (and reorganised through Departmentally Related Standing Committees in 1993). These committees:
- Examine bills clause by clause and propose amendments.
- Scrutinise the budget, expenditure and accounts of ministries.
- Investigate complaints, irregularities and policy implementation.
- Examine demands for grants and supplementary demands.
- The Public Accounts Committee, Estimates Committee and Committee on Public Undertakings exercise close financial control.
Parliament rarely rejects committee recommendations, so committees have become very influential in legislation and in keeping the executive accountable.
Additional Short Answer Questions
Q1. What is a Legislature?
Answer: Legislature is that organ of government which makes laws, controls public finances, holds the executive accountable and expresses the collective will of the people. In India the Union Legislature is called Parliament.
Q2. What is meant by a Bicameral Legislature?
Answer: When a legislature has two Houses (or chambers), it is called a bicameral legislature. The two Houses of the Indian Parliament are the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
Q3. What is a Unicameral Legislature? Give examples.
Answer: A legislature with only one House is called unicameral. Examples are China, Pakistan, Bangladesh, Finland, New Zealand and most Indian States (such as Assam, West Bengal, Kerala, Tamil Nadu, Punjab and Haryana).
Q4. Name the three components of the Indian Parliament.
Answer: The three components of the Indian Parliament are: (i) the President of India, (ii) the Lok Sabha, and (iii) the Rajya Sabha.
Q5. What is the maximum strength of the Lok Sabha?
Answer: Under Article 81 of the Constitution, the maximum strength of the Lok Sabha is 550 elected members — 530 from the States and 20 from the Union Territories. The current actual strength is 545.
Q6. What are the qualifications to become a member of the Lok Sabha?
Answer: A person must (i) be a citizen of India, (ii) be at least 25 years of age, (iii) not hold any office of profit under the government, (iv) be of sound mind and not insolvent, and (v) possess any other qualifications laid down by Parliament.
Q7. What are the qualifications for membership of the Rajya Sabha?
Answer: A person must be (i) a citizen of India, (ii) at least 30 years of age, (iii) not holding any office of profit, (iv) of sound mind and not insolvent, and (v) possess such other qualifications as may be prescribed by Parliament.
Q8. What is the term of a Lok Sabha member?
Answer: The normal term of a Lok Sabha member is five years, but the Lok Sabha can be dissolved earlier by the President. During a National Emergency the term may be extended by Parliament for one year at a time.
Q9. What is the term of a Rajya Sabha member?
Answer: Each Rajya Sabha member serves a term of six years. One-third of the members retire every two years and an equal number of new members are elected.
Q10. Who is the presiding officer of the Lok Sabha?
Answer: The Speaker is the presiding officer of the Lok Sabha. He/she is elected by the members of the Lok Sabha from amongst themselves.
Q11. Who is the presiding officer of the Rajya Sabha?
Answer: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The Rajya Sabha also elects a Deputy Chairman from amongst its members.
Q12. What is meant by Question Hour?
Answer: The first hour of every sitting of Parliament is called Question Hour. During this period members ask questions of ministers regarding administration, and ministers must answer. It is a vital instrument of executive accountability.
Q13. What is meant by Zero Hour?
Answer: Zero Hour is the period of one hour immediately after Question Hour (i.e. 12 noon onwards) when members may raise matters of urgent public importance without prior notice. It is an Indian parliamentary innovation, not mentioned in the Constitution or rules.
Q14. What is a Money Bill?
Answer: Under Article 110, a Money Bill is a bill that exclusively contains provisions for taxation, public expenditure, public borrowing, the Consolidated Fund or the Contingency Fund of India. It can be introduced only in the Lok Sabha on the recommendation of the President and only by a Minister.
Q15. What is an Ordinary Bill?
Answer: An Ordinary Bill is a bill which deals with non-financial matters. It may be introduced in either House by a minister (Government Bill) or by a private member (Private Member’s Bill).
Q16. What is meant by Quorum?
Answer: Quorum is the minimum number of members required to be present in the House to enable it to transact business. The quorum for either House of Parliament is one-tenth of the total membership.
Q17. What is a No-Confidence Motion?
Answer: A no-confidence motion is a motion moved in the Lok Sabha by the opposition stating that the House has lost confidence in the Council of Ministers. If passed by a majority, the entire Council of Ministers must resign.
Q18. What is an Adjournment Motion?
Answer: An adjournment motion is moved to draw attention to a matter of urgent public importance by setting aside normal business. It is regarded as an extraordinary device because it amounts to censure of the government.
Q19. Name the States in India that have bicameral legislatures.
Answer: Six States have bicameral legislatures: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana. (Earlier Jammu & Kashmir was bicameral; after reorganisation it has changed.)
Q20. What are the parts of a State Legislature?
Answer: A State Legislature consists of the Governor and one or two Houses — the Legislative Assembly (Vidhan Sabha) and, in some States, the Legislative Council (Vidhan Parishad).
Long Answer Questions
Q1. Compare and contrast the composition, powers and functions of the Lok Sabha and the Rajya Sabha.
Answer: The Lok Sabha and the Rajya Sabha together constitute the Indian Parliament, but they differ greatly in their composition, mode of election, term, and powers. A comparative table is given below:
| Basis of Difference | Lok Sabha | Rajya Sabha |
|---|---|---|
| Other name | House of the People (Lower House) | Council of States (Upper House) |
| Constitutional Article | Article 81 | Article 80 |
| Maximum strength | 550 elected (530 + 20) | 250 (238 elected + 12 nominated) |
| Current strength | 545 | 245 |
| Method of election | Direct election (universal adult franchise) | Indirect — proportional representation, single transferable vote |
| Term | 5 years (can be dissolved earlier) | Permanent — 1/3 retires every 2 years; member’s term 6 years |
| Minimum age | 25 years | 30 years |
| Presiding officer | Speaker (elected from members) | Vice-President of India (ex-officio Chairman) |
| Quorum | 1/10 of membership | 1/10 of membership |
| Money Bills | Originate only here; binding power | Cannot originate; recommendations only; must return in 14 days |
| No-confidence motion | Can be moved and bring down government | Cannot be moved |
| Special powers | Final voice on Money Bills, controls executive | Article 249 (State List law); Article 312 (All-India Services) |
| Joint session | Numerically dominant | Numerically smaller |
Both Houses are co-equal regarding ordinary legislation, constitutional amendments, election of the President and Vice-President, and impeachment proceedings. But in financial matters and control over the executive, the Lok Sabha clearly enjoys superior powers.
Q2. Describe in detail the procedure of law-making in the Indian Parliament. (Lawmaking flowchart)
Answer: A bill goes through the following stages before it becomes a law:
- Drafting Stage: The concerned ministry prepares the draft of the bill. It is examined by the Law Ministry and approved by the Cabinet.
- First Reading (Introduction): The minister introduces the bill in the House by asking permission. He/she reads out the title and the objects and reasons. The bill is then published in the official gazette.
- Second Reading — General Discussion: The principles of the bill are debated. The House decides one of three things: (a) refer the bill to a Select Committee, (b) refer to a Joint Committee of both Houses, or (c) circulate the bill for public opinion.
- Committee Stage: The committee examines the bill clause by clause, hears experts and witnesses, may suggest amendments, and submits a report.
- Report Stage / Consideration: The committee’s report is presented to the House. The bill is debated clause by clause. Amendments are voted upon.
- Third Reading: Only verbal amendments are allowed. A vote is taken on the bill as a whole. If passed by majority, the bill is sent to the other House.
- In the Other House: The bill goes through the same three readings. The other House may pass the bill, reject it, suggest amendments, or take no action for six months.
- Joint Sitting (Article 108): If a deadlock arises on an Ordinary Bill, the President may summon a joint sitting presided over by the Speaker of the Lok Sabha. The bill is decided by simple majority of the members present and voting.
- Presidential Assent (Article 111): The bill is sent to the President who may (i) give assent, (ii) withhold assent, or (iii) return the bill (other than a Money Bill) for reconsideration. If the bill is passed again, the President must give assent.
- Becoming a Law: Once the President gives assent, the bill becomes an Act of Parliament and is published in the official gazette.
Q3. Explain the special provisions for Money Bills under Article 110.
Answer: Article 110 of the Indian Constitution defines a Money Bill. A bill is a Money Bill if it contains only provisions dealing with the following matters:
- Imposition, abolition, remission, alteration or regulation of any tax;
- Regulation of borrowing of money by the Government of India;
- Custody of the Consolidated Fund or the Contingency Fund;
- Appropriation of money out of the Consolidated Fund;
- Declaring any expenditure to be charged on the Consolidated Fund;
- Receipt of money on account of the Consolidated Fund or the audit of the accounts of the Union or of a State.
Special procedure for Money Bills:
- It can be introduced only in the Lok Sabha and only on the recommendation of the President.
- Only a Minister can introduce it (not a private member).
- The Speaker certifies whether a bill is a Money Bill or not, and his/her decision is final.
- After being passed by the Lok Sabha, the bill is sent to the Rajya Sabha which must return it within 14 days, with or without recommendations.
- The Lok Sabha may accept or reject any of the Rajya Sabha’s recommendations.
- If the Rajya Sabha does not return the bill within 14 days, it is deemed to have been passed by both Houses.
- There is no provision for joint sitting on a Money Bill — the Lok Sabha has the final say.
Q4. Describe the various types of Parliamentary Committees and their functions.
Answer: Parliamentary Committees are small bodies consisting of members of one or both Houses to which Parliament delegates detailed examination of bills, the budget and government functioning. The main types are:
- Standing Committees: Permanent committees re-constituted every year. They include the Business Advisory Committee, Rules Committee, Committee on Privileges, etc.
- Departmentally Related Standing Committees (DRSCs): Set up in 1993, presently 24 in number, they examine demands for grants, bills referred to them, annual reports and long-term policies of ministries.
- Select Committee: Created for a particular bill in one House, with members drawn from that House.
- Joint Committee: Drawn from both Houses to examine a particular matter or bill.
- Financial Committees:
- Public Accounts Committee (PAC) — examines the appropriation accounts and the CAG report.
- Estimates Committee — examines whether the funds proposed are economical and adequate.
- Committee on Public Undertakings — examines the working of public sector undertakings.
- Ad-hoc Committees: Constituted for a specific purpose and dissolved when the work is completed (e.g. JPC on a particular issue).
The committees provide expert and detailed scrutiny that the full House cannot. Parliament rarely rejects a committee’s recommendation, which makes the committee system the “miniature Parliament” within the Parliament.
Q5. Discuss the role and powers of the Speaker of the Lok Sabha.
Answer: The Speaker is the presiding officer of the Lok Sabha and the symbol of its independence and dignity. He/she is elected by the members from amongst themselves at the first sitting of a newly elected Lok Sabha. The Speaker continues in office even after the dissolution of the Lok Sabha until the new House meets.
Powers and Functions of the Speaker:
- Presides over the meetings of the Lok Sabha and maintains discipline and order.
- Decides the agenda along with the leader of the House and the Business Advisory Committee.
- Allows members to speak; calls them to order; admits or rejects motions and resolutions.
- Interprets the Rules of Procedure; his decision on procedural matters is final.
- Casting vote: Speaker does not vote in the first instance, but in case of equality of votes he/she casts the deciding vote.
- Money Bill certification: The Speaker decides whether a bill is a Money Bill — and the decision is final and not subject to judicial review.
- Presides over the joint sitting of both Houses (Article 108).
- Decides cases of disqualification under the Anti-Defection Law (10th Schedule).
- Appoints chairpersons of all the parliamentary committees of the Lok Sabha.
- Acts as the spokesperson of the House and represents the Lok Sabha to outside dignitaries.
The Speaker can be removed only by a resolution passed by a majority of all the then members of the Lok Sabha after a 14-day notice. The salary and allowances of the Speaker are charged on the Consolidated Fund of India.
Q6. Discuss the various ways in which Parliament controls the Executive.
Answer: In a parliamentary democracy the executive (Council of Ministers) is collectively responsible to the legislature. The Indian Parliament exercises the following methods of control over the executive:
- Question Hour: The first hour of every sitting allows members to ask questions of ministers about their administration.
- Zero Hour: Members raise matters of urgent public importance without prior notice.
- Calling-Attention Motion: A member may call the attention of a minister to a matter of urgent public importance.
- Adjournment Motion: Used to draw attention to a definite matter of urgent public importance, amounting to censure.
- No-Confidence Motion: If passed by the Lok Sabha, the entire Council of Ministers must resign.
- Censure Motion: Specific charges may be levelled against the government or a minister.
- Cut Motions: Reduction in demands for grants — Policy Cut, Economy Cut and Token Cut — express specific disapproval of policy.
- Discussion on the President’s Address, the Budget and Bills: Provide opportunities to scrutinise government policy.
- Parliamentary Committees: Detailed scrutiny of finances, bills and administration.
- Motion of Thanks, Half-an-hour Discussions, Short Duration Discussions: Various opportunities for criticism of executive action.
Q7. What is the Anti-Defection Law? Discuss its main provisions and effectiveness.
Answer: The Anti-Defection Law was added to the Indian Constitution by the 52nd Constitutional Amendment Act, 1985, which inserted the Tenth Schedule. Its purpose was to combat the political instability caused by frequent floor-crossing by elected legislators.
Main provisions:
- A member is disqualified if he/she voluntarily gives up the membership of the political party on whose ticket he/she was elected.
- A member is disqualified if he/she votes or abstains in the House contrary to the direction of the party (the whip), without prior permission.
- A nominated member who joins a political party after six months is disqualified.
- An independent member is disqualified if he/she joins any political party after election.
- The decision on disqualification is taken by the Speaker / Chairman of the House.
- The original 1985 law allowed an exception for “split” (one-third members defecting). The 91st Constitutional Amendment, 2003 removed this exception and now requires at least two-thirds of the legislature party to merge with another party for the law not to apply.
- The 91st Amendment also barred a defecting member from holding a ministerial post until re-elected.
Effectiveness: The law has succeeded in reducing individual defections. However, critics argue that it has weakened the independent role of legislators, made them excessively obedient to party leaders, and converted Parliament into a rubber-stamp on party decisions. Mass defections by two-thirds groupings still occur, and judicial review of the Speaker’s decisions has raised concerns about impartiality.
Q8. Describe the composition and powers of the State Legislatures in India.
Answer: Article 168 of the Constitution provides that every State shall have a Legislature consisting of the Governor and one or two Houses. Most States have a unicameral legislature (only Vidhan Sabha). Six States — Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana — have a bicameral legislature with both Vidhan Sabha (Legislative Assembly) and Vidhan Parishad (Legislative Council).
Vidhan Sabha (Legislative Assembly):
- Maximum strength: 500 (minimum 60). Directly elected by adult franchise.
- Term: 5 years (can be dissolved earlier).
- Qualifications: Indian citizen, 25+ years, no office of profit, of sound mind.
- Presided over by the Speaker (and Deputy Speaker), elected from amongst the members.
Vidhan Parishad (Legislative Council):
- Maximum strength: One-third of the Vidhan Sabha (minimum 40).
- Composition: 1/3 elected by members of the Vidhan Sabha; 1/3 by local bodies; 1/12 by graduates of three years’ standing; 1/12 by teachers of three years’ standing; 1/6 nominated by the Governor.
- Permanent house — 1/3 members retire every 2 years; member’s term 6 years.
- Qualifications: 30+ years, citizen of India.
- Presided over by Chairman elected from among members.
Powers of State Legislature: Make laws on subjects in the State List and Concurrent List; pass the State Budget; control the State executive; participate in the election of the President; ratify Constitutional Amendments concerning federal provisions. Money Bills can originate only in the Vidhan Sabha; the Vidhan Parishad can delay an Ordinary Bill for a maximum of four months and a Money Bill for 14 days.
Multiple Choice Questions (MCQs)
1. Which Article of the Constitution deals with the composition of the Lok Sabha?
(a) Article 79 (b) Article 80 (c) Article 81 (d) Article 82
2. Which Article of the Constitution deals with the composition of the Rajya Sabha?
(a) Article 79 (b) Article 80 (c) Article 81 (d) Article 82
3. The maximum strength of the Lok Sabha as per the Constitution is —
(a) 500 (b) 545 (c) 552 (d) 555
4. The maximum strength of the Rajya Sabha is —
(a) 200 (b) 245 (c) 250 (d) 275
5. The minimum age to become a member of the Lok Sabha is —
(a) 18 years (b) 21 years (c) 25 years (d) 30 years
6. The minimum age to become a member of the Rajya Sabha is —
(a) 21 years (b) 25 years (c) 30 years (d) 35 years
7. The term of a Lok Sabha member is —
(a) 4 years (b) 5 years (c) 6 years (d) 7 years
8. The term of a Rajya Sabha member is —
(a) 4 years (b) 5 years (c) 6 years (d) 7 years
9. The Rajya Sabha is —
(a) Dissolved every 5 years (b) A permanent house (c) Elected directly (d) Headed by the President
10. The ex-officio Chairman of the Rajya Sabha is —
(a) President (b) Vice-President (c) Prime Minister (d) Speaker
11. Money Bills can be introduced only in —
(a) Lok Sabha (b) Rajya Sabha (c) Either House (d) Joint sitting
12. A Money Bill is defined under which Article?
(a) Article 109 (b) Article 110 (c) Article 111 (d) Article 112
13. The Rajya Sabha must return a Money Bill within —
(a) 7 days (b) 10 days (c) 14 days (d) 30 days
14. Joint sitting of both Houses is provided under —
(a) Article 107 (b) Article 108 (c) Article 109 (d) Article 110
15. The joint sitting of both Houses is presided over by —
(a) President (b) Vice-President (c) Speaker of Lok Sabha (d) Chairman of Rajya Sabha
16. The quorum for either House of Parliament is —
(a) 1/5 of total membership (b) 1/10 of total membership (c) 1/3 of total membership (d) 1/2 of total membership
17. How many members are nominated to the Rajya Sabha by the President?
(a) 2 (b) 10 (c) 12 (d) 14
18. The Anti-Defection Law was inserted by the —
(a) 42nd Amendment (b) 52nd Amendment, 1985 (c) 73rd Amendment (d) 91st Amendment
19. The Anti-Defection Law is contained in —
(a) 8th Schedule (b) 9th Schedule (c) 10th Schedule (d) 12th Schedule
20. The members of the Rajya Sabha are elected by —
(a) Direct election (b) Members of State Legislative Assemblies through proportional representation (c) Members of Lok Sabha (d) Members of Local Bodies
21. Which of the following is a special power of the Rajya Sabha?
(a) Money Bill (b) Creation of All-India Services under Article 312 (c) Vote of no-confidence (d) Joint sitting
22. The first hour of every parliamentary sitting is called —
(a) Zero Hour (b) Question Hour (c) Lunch Hour (d) Recess
23. How many States in India have bicameral legislatures (as per current status)?
(a) Four (b) Five (c) Six (d) Seven
24. The Lok Sabha can be dissolved before the expiry of its full term by —
(a) Speaker (b) Prime Minister (c) President on the advice of Cabinet (d) Chief Justice
25. Constitutional Amendment Bills are passed under —
(a) Article 348 (b) Article 368 (c) Article 370 (d) Article 372
Key Terms — Glossary
| Term | Meaning |
|---|---|
| Legislature | The law-making organ of government. |
| Parliament | The Union Legislature of India consisting of the President, Lok Sabha and Rajya Sabha. |
| Bicameral | A legislature with two Houses or chambers. |
| Unicameral | A legislature with only one House. |
| Lok Sabha | The directly elected lower house of Indian Parliament; House of the People. |
| Rajya Sabha | The indirectly elected upper house of Indian Parliament; Council of States. |
| Speaker | The presiding officer of the Lok Sabha. |
| Chairman (Rajya Sabha) | The Vice-President of India who presides over the Rajya Sabha. |
| Quorum | The minimum number of members (1/10) required to conduct the business of the House. |
| Money Bill | A bill exclusively dealing with taxation, expenditure and borrowing — defined in Article 110. |
| Ordinary Bill | Any bill other than Money, Financial or Constitutional Amendment Bill. |
| Constitutional Amendment Bill | A bill to amend the Constitution under Article 368. |
| Question Hour | The first hour of a parliamentary sitting reserved for questions to ministers. |
| Zero Hour | The hour after Question Hour during which members raise urgent matters without prior notice. |
| No-Confidence Motion | A motion to express loss of confidence in the Council of Ministers; if passed, the government must resign. |
| Adjournment Motion | A motion to draw attention to a matter of urgent public importance. |
| Joint Sitting | A combined sitting of both Houses under Article 108 to resolve deadlock on an Ordinary Bill. |
| Anti-Defection Law | Provisions in the 10th Schedule (added by 52nd Amendment, 1985) to disqualify defecting legislators. |
| Whip | The official direction issued by a political party to its members to vote in a particular way. |
| Public Accounts Committee | A financial committee that examines the appropriation accounts and the CAG’s report. |
| Estimates Committee | A committee which examines the budget estimates to suggest economy. |
| Parliamentary Privileges | The special rights and immunities enjoyed by members of Parliament. |
| Vidhan Sabha | The Legislative Assembly of a State. |
| Vidhan Parishad | The Legislative Council of a State (where bicameral). |
| Article 81 | Composition of the Lok Sabha. |
| Article 80 | Composition of the Rajya Sabha. |
| Article 110 | Definition and procedure of Money Bills. |
| Article 108 | Joint sitting of both Houses of Parliament. |
| Article 249 | Power of Rajya Sabha to authorise legislation on a State List subject. |
| Article 312 | Power to create All-India Services on Rajya Sabha’s recommendation. |
| Article 368 | Procedure for amending the Constitution. |
This completes the question and answer solutions for Class 11 Political Science Chapter 5 — Legislature, prepared in accordance with the ASSEB (Assam State Board of Secondary Education) HS 1st Year syllabus. Students are advised to revise the structure and powers of both Houses, the law-making procedure (especially Money Bills and Joint Sittings), the role of the Speaker, the parliamentary committee system and the Anti-Defection Law thoroughly for the ASSEB HS Final Examination.