Legislature

Question 53
CBSEENPO11021469

Highlight the legislative procedure for Money Bill in the states.

Solution

As regards Money Bills they can originate only in the State Assembly and not in the State Council. After a Money Bill has been passed by the Assembly, it is sent to the Council for its recommendations. The council has to return the Money Bill with its recommendations within 14 days from the date of its receipt. The Assembly may accept or reject all or any of the recommendations of the Council, the Money Bill is deemed to have been passed by both the Houses with the amendments recommended by the Council and accepted by the Assembly.

If the Assembly does not accept any recommendation of the Council, the Money Bill is deemed to have been passed by both the Houses in the form in which it was passed by the Legislative Assembly without any of the amendments recommended by the Council. If the Money Bill sent to the Council by the Assembly is not returned within 14 days as required, it is deemed to have been passed by both the Houses at the expiration of the said period in the form in which it was passed by the Assembly.

Question 54
CBSEENPO11021470

What is the legislative procedure for Ordinary Bill in a state?

Solution

The bill other than money bill may be introduced in either House of the State Legislature. If the bill is introduced in Legislative Council, it is presented to the Legislative Assembly after it has been passed in the Council and vice-verca. If the other House also passes the bill, it becomes an act after receiving the assent of the Governor. If a bill having been passed by the Assembly is presented to the Legislative Council and if the Council:

(i) rejects the bill, or

(ii) passes the bill with modifications, or

(iii) does not return the bill after passing it within a period of three months from the date of presentation to it.

The Legislative Assembly again passes such a bill with or without modifications suggested by the Council and sends the bill to the Legislative Council. If the Legislative Council passes the bill presented to it for the second time, it becomes an Act after receiving the assent of the Governor.

If the Legislative Council again,

(i) rejects the bill or, (ii) passes with modifications, (iii) does not pass the bill within a period of one month from the date of presentation of the bill to it second time. The bill shall be deemed to have been passed by both the Houses in the manner it was passed second time by the Assembly.

Question 55
CBSEENPO11021471

Which of the houses of the Indian Parliament is more powerful and why? Explain.

Or

Describe the powers and functions of Rajya Sabha.

Or

Do you agree with the statement that Rajya Sabha is less powerful in comparison to Lok Sabha?


Solution

Relations between the Two Houses of India Parliament:

1. Ordinary Bills: Ordinary Bills can originate in the either House of Parliament. Unless passed by both the Houses they cannot be sent to the President for his assent. A bill passed by one House is sent to the other House. If the other House passes the Bill in the form in which it was passed by the originating House, it is sent to the President for his assent. The other House may propose amendments in the Bill or may even reject the Bill.

In the situation when the two Houses do not agree on the proposed amendments or if the two Houses finally disagree on the bill, the President, under Article 108 of the Constitution, is empowered to call a joint session of the two Houses. If at the joint meeting of the two Houses the Bill is passed by a majority of the total number of members of both the Houses present and voting, it shall be deemed to have been passed by both the Houses. At the joint sitting of the two Houses, the voice of the Lok Sabha should prevail because of its numerical strength.

2. Financial Powers: Money Bills and Budget can originate in the Lok Sabha only. The Rajya Sabha is the receiving end. When a Money Bill is passed by the Lok Sabha it is sent to the Rajya Sabha. The Rajya Sabha, has the right to propose amendments in the Money Bill. It must return the Bill to the Lok Sabha, with or without amendments within 14 days, but Lok Sabha may or may not agree to these recommendations. If the Rajya Sabha does not return the Money Bill within 14 days from the date of the receipt of the Bill, the same shall be considered to have been passed by both the Houses of Parliament in the same form in which it was passed by the Lok Sabha. All these provisions clearly prove that the hold of the Lok Sabha over the finance of the country is absolute. It should be noted that in case of disagreement over Money Bill, there cannot be a joint sitting of the two Houses.

3. Control over the Executive: In India, Parliamentary system of Government has been established. The essence of this form of Government is that the executive is responsible to the Legislature for its actions and policies. In practice it is answerable to the Popular House. Thus, according to the Constitution of India, the Council of Ministers has been made collectively responsible to the Lok Sabha. No doubt, the Rajya Sabha can exert its influence on the Government in a number of ways and it may even put the Government in an awkward position, but it cannot remove the Government from the office. This power belongs to the Lok Sabha only. This power of the Lok Sabha is exclusive and not concurrent.

The Government must enjoy the confidence of the Lok Sabha or else resign. The Lok Sabha can experience the lack of confidence in a number of ways, for example, by rejecting a Government Bill, a Money Bill or by passing a no-confidence resolution. Thus, the Government must either be in tune with the Lok Sabha or face expulsion.

Conclusion: The Lok Sabha is more powerful than the Rajya Sabha in India. For example, the Ordinary Bill can be introduced in any House of Parliament but if there is a deadlock about some Bill then the President can call the joint meeting of the two Houses. At the joint sitting the voice of the Lok Sabha should prevail because of its numerical strength. The Lok Sabha is more powerful than Rajya Sabha in Financial matters also, as the Money Bill can be presented only in the Lok Sabha. Moreover, if the Rajya Sabha does not pass the Bill within 14 days from the date of its receipt the same shall be considered to have been passed by both the Houses of the Parliament.

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Question 56
CBSEENPO11021472

How is the Constitution amended? Describe the amendment procedure.

Or

Write an essey on Procedure of Amendment given in the Indian Constitution.

Solution

The framers of the Constitution were fully conscious that the Constitution should not be very flexible, because, in that case, the Constitution will be a play thing in the hands of any government in the future. So they did not want to adopt the flexibility of the British Constitution. They followed the middle course. Indian Constitution is not very rigid in so far as the essential amendment of the Constitution are concerned. But at the same time it is not very flexible or simple in so far unnecessary amendments were concerned.

Procedure for the Amendment of the Indian Constitution:

1. Amendment by simple majority: The Indian Parliament has the power to amend some of the provisions of the Constitution by its own initiative or by the initiatives of some of the Legislative Assemblies of the States. Amendment in the following cases can be made by simple majority in the Parliament:

(a) Matter related to Article 3 of the Constitution whereby a new State is formed or change in the name of boundary of the State is proposed. These matters can be carried out by simple majority of both the Houses of Parliament. But such a legislation will be put before the Parliament only on the desire of the President who will consult the related states on the amendment before putting such a legislation before the Parliament. The State Reorganisation Act of 1956 was carried out by means of this Article. Afterwards many new States were formed or the name boundaries of old States were changed.

(b) Matter related to Article 169 on the formation or abolition of the second chamber or the Legislative Council of states can be decided by simple majority by the Parliament after fulfilling certain formalities.

(c) Amendment on matters related to Article 240 on the good administration of the centrally administered territories can be made by simple majority.

2. Amendment by a special majority in the Parliament: The process of amending the Constitution is given in Article 368. The article or subjects which are not given in this Article, can be amended by the Parliament alone with a special majority. The Bill for such an amendment may be introduced in any of the two Houses. If both the Houses pass it with absolute majority or 2/3 majority of the members present and voting, it will be sent to the President. The Constitution will stand amended on that point, when the Bill is signed by the President. All the subjects which are not mentioned in the first list of the amendment and as well as the third list of the amendment can be amended through this procedure.

3. Amendment by a special majority in Parliament alongwith the consent of the States: If an amendment is concerned with the article and the subjects given in Article 368, it must be approved by one-fourths of the State Assemblies after being passed by both the Houses with absolute majority or 2/3 majority of the members present and voting. The amendment will come into force after being signed by the President. The subjects given in Article 368 are as follows:

(a) Election of the President,

(b) Removal of the President,

(c) Extent of the executive power of the Union,

(d) Extent of executive power of the States,

(e) High Court for Union Territories,

(f) Union Judiciary,

(g) The High Courts in the states,

(h) Legislative relations between the Centre and States,

(i) Lists of the VII Schedule,

(j)The representation of States in Parliament, and

(k) Article 368 itself.

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