Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 27 The State Legislature Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 27 The State Legislature
Long Answer Type Questions
Question 1.
Explain the composition and powers of the Vidhan Sabha.
Answer:
The Constitution provides Legislature, a law-making body, to every State. In some States the Legislature is bi-cameral, and in some it is uni-cameral. Where the Legislature is bi-cameral, the Upper House is called the Legislative Council (Vidhan Parishad) and the Lower House is known as the legislative Assembly (Vidhan Sabha). Vidhan Sabha is elected directly by the people, hence it is the representative House. The Vidhan Sabha, by passing a resolution by 2/3rd majority of members present and voting, may request the Parliament to create or abolish the Vidhan Parishad in the State.
Composition:
The Constitution provides that the Legislative Assembly of each State shall consist of not more than 500 and less than 60 members. According to 36th amendment Sikkim was made a full-fledged state and members of Sikkim Legislative Assembly cannot be less than 30. The total strength of a State Legislative Assembly depends upon the population of the State.
For instance, the Haryana Legislative Assembly consists of 90 members while the Punjab Assembly has 117 members. Of all the States Uttar Pradesh Legislative Assembly has the maximum strength; it has 403 members. The members of the Legislative Assembly are directly elected by the people of the State on the basis of adult franchise.
Those eligible to vote must be (a) citizen of India, (b) must have completed the age of 18 years and (c) must have not been otherwise disqualified. The Constitution also makes provision for the reservation of seats for the Scheduled Castes and Tribes. It is to give special representation to them.
However, elections of the members of the Scheduled Castes and Tribes are also held on the basis of joint electorate. Provision for the nomination of members belonging to the Anglo-Indian community has also been made in the Constitution. If the Governor is of the opinion that the Anglo-Indian community is not adequately represented in the Legislative Assembly, he may nominate one member of the community to the Assembly.
Qualifications:
The qualifications and disqualifications for a member of the State Legislative Assembly are the same as for members of the Lok Sabha. A candidate seeking election to the Legislative Assembly must fulfil the following qualifications:
- He must be a citizen of India.
- He must have completed the age of 25 years.
- He must not hold an office of profit.
- He must possess qualifications laid down by the Parliament of India; and
- He must not be of unsound mind and should not have been declared disqualified by a competent court.
If after election any question arises as to whether a member is subjected to any of the disqualifications, the decision of the Governor shall be final. But before giving any decision on any such question, the Governor is required to obtain the opinion of the Election Commission and act according to such opinion. The decision of the Governor, therefore, is really the decision of the Election Commission.
Term:
The term of the Legislative Assembly is five years. The term of five years starts from the date of its sitting. After the expiry of five years the Assembly stands automatically dissolved. The Governor is empowered to dissolve the Assembly even before expiry of five years. The life of the Assembly can be extended also. During the proclamation of emergency, the life of the Assembly may be extended by a law of Parliament for a period not exceeding one year at a time.
Salary and Allowances:
Members of the Legislative Assembly are entitled to such salary and allowances as are determined by the Legislature of the State by law. It is thus clear that members of different Legislative Assemblies do not get identical salary and allowances.
Privileges of the Members:
Like the members of Parliament, the members of the State Legislature also enjoy freedom of speech on the floor of the House. They cannot be prosecuted for having said anything on the floor of the House. During session the members cannot be arrested in any civil case. All these privileges are granted to them with a view that members may be in a position to discharge their duties as members of the House.
The Quorum:
Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of the House shall be the ten members or one-tenth of the total number of members of the House, whichever is greater. According to 42nd Amendment each House of the State legislature is empowered to determine its quorum. If at any time during a meeting of the House there is no quorum, it shall be the duty of the presiding officer to adjourn or suspend the meeting until there is a quorum.
Officers of the Legislative Assembly:
The presiding officer of the Legislative Assembly is called the Speaker. There is also a Deputy Speaker who presides over the House when the Speaker is absent. The Speaker and the Deputy Speaker are both elected by the members of the House.
Power and Functions of the Legislative Assembly:
The Legislative Assembly has the powers to make laws on all subjects contained in the State List. These subjects are within the exclusive jurisdiction of the State Legislative Assembly. In States where there exists the other House i.e., Legislative Council also, the Legislative Assembly works together with the Legislative Council. Then the State Legislature means both the Heuses. However, the Legislative Council has been kept a weak Chamber as compared to the Legislative Assembly. It cannot be an obstacle in the way of the Legislative Assembly. The powers and functions of the Legislative Assembly may be discussed as ahead:
1. Legislative Powers:
The Legislative Assembly can make laws on the subjects mentioned in the State list and Concurrent list. If there is only one chamber of the legislature, the bill after having been passed by this chamber is sent to the Governor for his assent. If there are two chambers of the legislature, the bill after having been passed by one chamber is sent to the second chamber and then to the Governor of the State for his assent.
The second chamber council can delay the passage of the bill at the most for 4 months. The Governor can veto a bill once but if passed by the legislature for the second time, the Governor will have to give his asset. If a bill is passed by the Legislative Assembly and the Legislative Council rejects it or delays it for more than 3 months, the bill will go back to the Assembly. If the Legislative Council again rejects it or delays it for more than one month, it will be considered to have been passed by the State Legislature as it was passed by the Legislative Assembly. In this way the Legislative Council can delay a non-money bill at the most for 4 months.
2. Financial Powers:
Money bill can be introduced only in the Legistative Assembly. The Legislative Assembly exercises complete control over the finances of the State. The Legislative Council can delay a money bill at the most for 14 days. The Legislative Council may reject a money bill or may not take any action over it for 14 days: in both these conditions, the money bill is considered as passed and is sent to the Governor for his approval. The Governor cannot refuse to give his assent to the money bill. During emergency limitations can be imposed on the financial powers of the Governor.
3. Executive Powers:
The State executive is responsible to the Legislative Assembly for all its actions and policies. The leader of the majority party in the Legislative Assembly is appointed the Chief Minister of the State. Most of the ministers are taken from the Legislative Assembly. The members of the Legislative Assembly can ask questions from the ministers and they are to give satisfactory answers to all these questions. The Legislative Assembly can reject an important bill of the Cabinet or by decreasing the salary of a minister or by passing a vote of no-confidence against the ministry to remove it from office.
4. Electoral Functions:
The members of the Legislative Assembly participate in the election of the President of India. It elects l/3rd members of the Legislative Council of the State. The members of the Rajya Sabha are elected by the State Legislatures. It elects its own Chairman and Deputy Chairman.
5. Constitutional Functions:
Constitutional powers of the Legislative Assembly are not very important. Power of amendment is vested with the Parliament, but important provisions of the Constitution cannot be amended unless half the State Legislatures in the country approve such an amendment.
6. Creation or the Abolition of the Legislative Council:
The Legislative Assembly, by passing a resolution by two-thirds majority of the members present and voting, can request the Union Parliament for the creation or the abolition of the Legislative Council in the State. It is merely a request to the Union Parliament and the Union Parliament is not bound to accept the request. On 7th April 1993, the’ Punjab Vidhan Sabha passed a resolution for the creation of a Legislative Council for the state.
Position of the Legislative Assembly:
The Legislative Assembly plays a very important role in the administration of the State. It has almost all the legislative powers of the State. The Legislative Council can delay an ordinary bill at the most for 4 months and a money bill at the most for 14 days. No law-can be passed against the will of the Legislative Assembly. The Cabinet is completely under the control bf the Legislative Assembly. The Legislative Assembly by passing a vote of no-confidence against the ministry can remove it from office. In brief the Legislative Assembly enjoys an important positioirin the State.
Question 2.
Write a short note on the Speaker of Legislative Assembly of a State.
Or
Explain with appropriate illustrations, live main functions of the Speaker of a Vidhan Sabha (Legislative Assembly).
Answer:
The presiding officer of the Legislative Assembly is called the Speaker. The Speaker is elected by the members of the House. The Speaker must be a member of the House. A member who holds the office of the Speaker or the Deputy Speaker vacates his office, if he ceases to be a member of the House. He can also resign his office^tt any time when he wants. If the Speaker resigns, the letter of resignation is addressed to the Deputy Speaker.
The Speaker does not vacate his office on the dissolution of the House. He continues in office until immediately before the first meeting of the House after the dissolution.
The Speaker and the Deputy Speaker can be removed from office on a resolution passed by a majorty of all the then members of the House. But no such resolution can be moved unless 14 days’ notice for moving such a resolution is given. Moreover, reasons for removal should be explicit. The presiding officer may not allow motion to be moved if the charges levelled against the Speaker or the Deputy Speaker are vague. It happened in the Legislative Assembly of Haryana.
The Speaker or the Deputy Speaker is not to preside at any sitting of the Assembly while any resolution for his removal is under consideration. But he has the right to sit in the House, defend himself and is entitled to vote in the first instance on such a resolution. At that moment, he has no right of casting vote.
The Speaker and the Deputy Speaker are paid salaries and allowances as fixed by the State Legislature by law. Those are charged on the Consolidated Fund of the State.
Functions of the Speaker:
The functions and powers of the Speaker of Legislative Assembly are almost the same as those of the Speaker of Lok Sabha. His functions and powers are as ahead:
- He is required to preserve order and decorum in the House for conducting legislative business.
- He allocates time for different kinds of businesses in the House.
- He interprets the rules of procedure.
- He puts matters to vote and announces result.
- He has the right of a casting vote in case of a tie.
- He admits motions, resolutions and points of order!
- He is empowered to adjourn the meeting of the House in the absence of a quorum.
- He can order expunction of indecent and incriminatory references.
- He allows the members to speak in the House.
- He may name a member and ask him to leave the House in case of disorderly behaviour.
- He can adjourn the House in case of grave disorder or serious matter.
- He is to certify a bill after it is passed by the House.
- He decides whether a bill is money bill or not.
- He presides over the joint session of the two Houses,
- He keeps control over the legislative secretariat.
- He accepts or rejects the resignation of a member of the House after ascertaining whether it was submitted under pressure or not.
Question 3.
Discuss the composition, powers and functions of the State Legislative Council.
Answer:
Composition of the Legislative Council.. The Legislative Council is the upper or the second chamber of State Legislature. The Legislative Council does not exist in all the States of India. At present Legislative Councils exist in U.P., Bihar, Karnataka, Maharashtra, Andhra Pradesh and Telagana. The Legislative Council can be established in the State by Parliament on the request of the Legislative Assembly of the State. The number of the members of the Legislative Council cannot be more than 1/3 of the membership of the Legislative Assembly and it cannot be less than 40.
Election:
The members of the Legislative Council are not elected directly by the voters. They are elected in the following ways:
1. One-sixth of the total members of Council are nominated by the Governor. These persons have special aptitude and specialization in literature, fine arts science and social service.
2. One-third of the members of the Council are elected by the State Legislative Assembly. These persons are not to be the members of the House.
3. One-third of the members are elected by the local bodies namely Corporations, Municipalities, Zila Parishads and Panchayats etc.
4. One-twelfth of the members of the Council are elected by the teachers of not lower than. Higher Secondary School Teachers who have three years of standing are entitled to vote at the elections.
5. One-twelfth of the members are elected by the University graduates of at least 3 years’ of standing.
Term of Office:
Legislative Council is a permanent body. Its one-third members retire by rotation after every 2 years and these persons can be re-elected. Each member of the Council remains in office for 6 years.
Qualifications:
Following are the qualifications for .becoming the member of the Legislative Council:
- He should be a citizen of India.
- He should not be less than 30 years of age.
- He should not hold any office of profit under the Central or State government.
- He should not be mad or insane and should not have been disqualified to become the member of the Council.
Chairman:
There is an elected Chairman of the Council who is the presiding officer. He is responsible for running smoothly the business of the House. The Legislative Council can remove the Chairman and the Deputy Chairman from office by a majority vote of the House.
Powers and functions of the Legislative Council:
The Legislative Council exercises the following powers-
1. Legislative Powers:
Any non-money bill which can be introduced in the Legislative Assembly can also be introduced in the Legislative Council. Any ordinary bill in the subjects mentioned in the State list and concurrent list can be introduced in the Legislative Council. After the bill is passed by the Legislative Council it is sent to the Legislative Assembly. The bill cannot be sent to the Governnor for his assent unless it is passed by the Legislative Assembly. The Legislative Council can delay a non-money bill at the most for 4 months.
2. Financial Powers:
In financial matters the Legislative Council does not enjoy much power. Money bills cannot be introduced in this chamber. The money bill can only be introduced in the Legislative Assembly and after it is passed from there it is sent to the Legislative Council and the Council can delay it at the most for 14 days. It may reject the bill or may’not take any action over it for 14 days and in both these cases the bill is considered passed by both the Houses and is sent to the Governnor for his assent. Budget is introduced only in the Legislative Assembly.
3. Control over the Executive:
The Legislative Council does not exercise much control over the executive. Some ministers are of course taken from the Council. Its members can ask questions to the ministers and they are to give satisfactory answers to the questions. The Legislative Council can criticise the functioning of the departments under the ministers. More than this it does not have any control over the Council of Ministers. The Council of Ministers cannot be removed from office by the Legislative Council.
Position of the Legislative Council:
Legislative Council is the upper chamber of the State Legislature. But its position as compared with the lower chamber is of less importance. The Legislative Assembly can establish or abolish the Legislative Council by passing a resolution to this effect. The very existence of the Legislative Council depends upon the Legislative Assembly.
It also enjoys less powers as compared with the Legislative Assembly. It can delay a money bill at the most for 14 days and a non-money bill at the most for 4 months. It cannot stand in the way of the Legislative Assembly. Notwithstanding all these weaknesses it has its own importance. It serves as a revising chamber. It brings to light the shortcomings in the bills passed by the Legislative Assembly.
Question 4.
Discuss the composition, powers, functions and position of the State Legislature.
Or
Write a short note on State Legislature.
Answer:
Composition:
The State Legislature is empowered to make laws in the State. In most of the States there is a bi-cameral Legislature and in come States there is only one chamber.
1. Legislative Assembly:
There is a Legislative Assembly in each State. It can have minimum 60 members and maximum 500 members. The number of the seats is fixed in proportion to the population of the State. The members are elected by the people directly. The Governor can nominate one Anglo-Indians to the Legislative Assembly if he feels that the community has not got adequate representation. It is elected for a period of five years. The Governor can dissolve the assembly even before the expiry of 5 years and can order fresh elections. It has one Chairman and one Vice-Chairman.
2. Legislative Council:
In Haryana, Kerala, Rajasthan, Punjab, Orissa, Nagaland, Gujarat, Himachal, Meghalaya, Tripura and Manipur, there is no Legislative Council. The Parliament can establish and abolish the Legislative Council on the request of the Legislative Assembly. The Legislative Council cannot have more than 1/3 of the members of the Legislative Assembly and cannot have less than 40 members. One-third of its members are elected by the Legislative Assembly, 1/3 by the local bodies, 1/12 by the teachers, 1/12 by the graduates of the three-year standing and 1/6 are nominated by the Governor of the State. One-third of its members retire after every two years. Each member remains in office for 6 years. It has one Chairman and one Deputy Chairman.
Powers and Functions of the Legislature:
The Legislature in the State enjoys the following powers and functions:
1. Legislative Powers:
The State Legislature can frame laws on all the subjects mentioned in the State list and concurrent list. After the bill is passed by both the Houses it is sent to the Governor. The Governor can exercise his veto power. He can once refuse to give his assent to the bill. But if the Legislature passes the bill for the second time the Governor then is bound to give his assent to it. The Governor can reserve some bills for the consideration of the President. The President can also make use of his veto power but for the second time he must give his assent to the bill.
The Parliament can also make laws on the subjects mentioned in the Concurrent list. If there is a clash between the Centre and the State over a law made on a subject from the Concurrent list, the will of the Centre is to prevail. The ordinances issued by the Governor are to be approved by the legislature otherwise they will cease to operate.
2. Financial Powers:
The Legislature controls the finances of the State. The budget of the State is presented to the Legislature before the start of the financial year. The Government can impose taxes only after the budget is passed by the Legislature. It can spend money when it is empowered to spend by the Legislature. No tax can be imposed on the people without the consent of the Legislature.
3. Executive Powers:
There is a close relationship between the Legisture and the Executive. The Chief Minister and other Ministers are taken from among the members of the Legislature. They attend the meetings of the Legislature and answer the questions put to them by the members of the Legislature. They can criticise the working of the Government. The Ministers can remain in office so far as they enjoy the confidence of the Council of Ministers. If the Legislative Assembly passes a vote of no-confidence against the ministry, the ministry is to resign.
4. Electoral Functions:
The Legislature also enjoys some electoral powers. The members of the Legislative Assembly participate in the election of the President. The members of the Rajya Sabha are elected by the members of the State Legislative Assemblies.
5. Amendment in the Constitution:
The State Legislature participates in the amendment of the Constitution. The State Legislature cannot itself introduce the bill for amending the Constitution. The bill for amending the Constitution is introduced in the Parliament and after it is passed by the Parliament, the approval of half the Legislatures is essential for its rectification.
Position of the Legislature:
The Legislature has an important role to play in the administration of the State. It can ipake laws on all the subjects mentioned in the State list. It can also frame laws on all the subjects mentioned in the concurrent list. It has full control over the finances of the State. It controls the Council of Ministers. It also participates in amending the important provisions of the Constitution, But it does not mean that the State executive enjoys unlimited authority. It is to perform its functions under certain limitations.
Question 5.
Describe the Procedure of law-making in State Legislature.
Answer:
1. Introduction of the Bill:
An ordinary bill can be introduced in either house of the Legislature. It can also be introduced by a private member of the Legislature. The money bills can only be introduced in the Legislative Assembly by the ministers. A private member is to give a month’s notice for the introduction of the bill and for this purpose a day is fixed in the programme of House. On the fixed date the mover of the bill asks for the permission of the House to move the bill which is only a formality.
After getting the permission of the House he reads the title of the bill. It is called the introduction of the bill and the bill is published in the Government Gazette. The ministers are not bound to give a notice for the introduction of the bill and they can get the bill published in the gazette in no time.
2. First Reading:
Sometimes there is a first reading of the bill just after the . introduction stage. Sometimes another date is fixed for the first reading of the bill. On the fixed date the mover of the bill stands up at his seat and requests that the bill be read for the first time. On getting the permission of the House he explains the main principles and objects of the bill. After this other members of the House express their opinions in favor or against the bill.
The bill at this stage is not debated and discussed in detail, only the objects and main principles involved are discussed. Then the mover of the bill puts a resolution that the bill be sent to a Select committee. If this request of the mover of the bill is not opposed to, the bill is sent to the Select Committee: if it is opposed to it, it is sent to press for eliciting public opinion. It can also be put to vote and if the majority of the members is against the bill, it is rejected.
3. Select Committee:
The bill is sent to the Select Committee if it is rejected at the first reading. The Committee consists of nearly 20 members which are taken from among the members of the House. The bill which is published for eliciting public opinion is also sent to the Select Committee. The Select Committee discusses the bill in detail and debates the merits and demerits of the bill. The Committee can suggest amendments in the provisions and clauses of the bill. After discussing the bill thoroughly the Committee prepares its report in favour or against the bill or suggests some amendments in the bill. While preparing the report the Committee takes into consideration public opinion also. Then the committee sends its report to the House.
4. Second Reading:
The report of the Select Committee is discussed on a fixed date. The mover of the bill on the fixed date requests the House that the report of the Select Committee may be discussed. The bill is discussed in detail in the house. The views of the Select Committee on all clauses are discussed. Amendments in the bill can be suggested by the Select Committee. After the bill is thoroughly discussed, the opinion of the House is sought on each clause ; amendments or proposals are also put to vote. The bill is passed according to the view-point of the majority of the members.
5. Third Reading:
A day is fixed for the third reading of the bill. Only verbal suggestions can be made in the third reading. The proposals for change in the working of the bill can be given. The entire bill is put to vote at this stage and it is either rejected or passed. The bill passed in the third reading means that the bill has been passed by one House.
Bill in the Second House:
Where there is no upper chamber in a State, the bill is passed by the Legislative Assembly and is sent to the Governor for his assent. Money bill can only be introduced in the Legislative Assembly and after it is passed by the assembly it is sent to the Legislative Council. The Legislative Council may reject a money bill or make such certain amendments which may not be acceptable to the House or may delay its passage for 14 days without taking any action against it. In all these situations the bill is considered passed by the Legislative Council.
If non-money bill is introduced and passed in the Legislative Council, it is sent to the Legislative Assembly. It cannot become a law unless it is passed by the Legislative Assembly. But a bill which is passed by the Legislative Assembly cannot be completely rejected by the Legislative Council. The Legislative Council may reject the bill, or may suggest some amendments which may not be acceptable to the Legislative Assembly or it may not take any action over it for 3 months.
In all these cases the Legislative Assembly can pass the bill for the second time. After the bill is passed for the second time by the Legislative Assembly it is sent to the Council. Legislative Council may reject the bill, may suggest certain amendments which may not be acceptable to the Legislative Assembly, or may not take any action over it if or one month. In all these cases it is considered passed by the Legislative Council and is sent to the Governor for his assent. The bill is to pass through all the stages in the second chamber through which it has passed in the first chamber.
Assent of Governor:
After the bill ig passed by both the Houses it is sent to Governor for his assent. He cannot refuse to give his assent to the money bill. In case of an ordinary bill he may give his assent, or he may reserve it for the consideration of the President or he may reject it. If the Governor feels that the public opinion is against the bill, he can use his veto power. If the legislature passes the bill for second time, the Governor is bound to give his assent to it.
The Governor can send an ordinary bill for the consideration of the Present. After the bill is approved by the Governor or the President, it becomes an Act and is published in the Government Gazette. Now the law can be enforced.
Short Answer type Questions
Question 1.
Describe the composition of State Legislative Assembly.
Answer:
The Constitution provides that the Legislative Assembly of each State shall consist of not more than 500 and less than 60 members. According to 36th amendment. Sikkim was made full-fedged state and members of Sikkim Legislative Assembly can’t be less than 30.
The total strength of a State Legislative Assembly depends upon the population of the state. For instance the Legislative Assembly of Punjab consists of 117 members while Haryana Assembly has 90 members. Of all the States Uttar Pradesh Legislative Assembly has the maximum strength ; it has 403 members. The members of Legislative Assembly are directly elected by the people of the state on the basis of adult franchise. The State Legislative Assembly can be dissolved before its expiry term.
Question 2.
What are the qualifications of the members of Legislative Assembly?
Answer:
A candidate seeking elections to the Legislative Asssembly must fulfil the following qualifications:
- He must be a citizen of India.
- He must have completed the age of 25 years.
- He must not hold an office of profit.
- He must possess qualifications laid down by the Parliament of India; and
- He must not be of unsound mind and should not have been declared disqualified by a competent court.
Question 3.
Describe the tenure of the Legislative Assembly. .
Answer:
The term of the Legislative Assembly is five years. The term of five years start form the date of its sitting. After the expiry of five years the Assembly stands automatically dissolved. The Governor is empowered to dissolve the Assembly even before expiry of five years. The life of the Assembly can be extended also. During the proclamation of emergency, the life of the Assembly may be extended by a law of Parliament for a period not exceeding one year at a time.
Question 4.
Mention four powers of the State Legislative Assembly.
Answer:
The Legislature in the state enjoy the following powers and functions:
1. Legislative Powers. The State Legislature can frame laws on all the subjects mentioned in the state fist and concurrent list. The ordinances issued by the governor are to be approved by the legislature otherwise they will cease to operate.
2. Financial Powers. The Legislature controls the finance of the state. The budget is passed by the State Legislature before the start of the financial year. No Tax can be imposed on the people without the consent of the Legislature.
3. Executive Powers. The council of ministers is collectively and every minister is individually responsible to the state legislature. The ministers can remain in office so far as they enjoy the confidence of the State Legislatures.
4. The Legislative Assembly, by passing a resolution, can request the union parliament for the creation or the abolition of the legislative council in the state.
Question 5.
Write down the functions of the Speaker of State Legislature.
Answer:
The functions and powers of the State Speaker are almost the same as those of the Speaker of Lok Sabha. His functions and powers are as follows:
- He is required to preserve order and decorum in the House of conducting Legislative business.
- He allocates time for different kinds of businesses in the House.
- He interprets the rules of procedure.
- He puts matters to vote and announces result.
Question 6.
Describe the composition of the Legislative Council.
Answer:
The number of the members of the Legislative Council cannot be more than one- third of the total number of the membership of the Legislative Assembly and it cannot be less than 40. The members of the Legislative Council are not elected directly by the voters. They are elected in the following ways:
- One-sixth of the total members of Council are nominated by the Governor.
- One-third of the members of the Council are elected by the State Legislative Assembly. These persons are not to be the members of the House.
- One-third of the members are elected by the local bodies namely Corporations, Municipalities, Zila Parishads and Panchayats, etc.
- One-twelfth of the members of the Council are elected by the teachers of not lower than Higher Secondary School.
- One-twelfth of the members are elected by the University graduate of at least 3 years’ of standing.
Question 7.
Write the duration and officers of Legislative Council.
Answer:
Term of Office:
Legislature Council is a permanent body. Its one-third members retire by rotation after 2 years but these persons can be re-elected. Each member of the Council remains in office for 6 years.
Chairman:
There is an elected Chairman of the Council who is the presiding officer. He is responsible for running smoothly the business of the House. The Legislative Council can remove the Chairman and the Deputy Chairman for office by majority vote of the House.
Question 8.
Discuss the utility of the Legislative Council.
Answer:
Legislative council is a useful chamber. The utility of this house can be described as:
1. Revision of Bill: The Legislative council serves as a revising chamber. It prevents the ill backed and ill-considered bills.
2. Relieves the Lower House of a Part its Work: The Legislative council reduces the work of the Legislative Assembly. Non-controversial bill can be introduced in the Legislative council.
3. Highlights the Drawbacks of the Bill. Legislative council can delay a non-money bill which has been passed by the Legislative Assembly for a period of four months. It is sufficient time to highlight the drawbacks of the bill and to know the public opinion.
4. Useful House. Legislative Council is a useful house. The standard of debate in Legislative council is very high. The bills in the Legislative council are debated in a very peaceful environment.
Question 9.
Give any four argument against Legislative Council.
Answer:
- Not Popular House: The Legislative council is not a people’s House. Its members are not directly elected by the people. It is a citadel of vested interests.
- Weak Chamber: The Legislative council is very weak House. It can delay a money bill at the most for 14 days and a non-money bill for four months.
- Superflous and Mischievous: The Legislative council is agree with the first chamber (Vidhan Sabha) it is superfluous and if it disagree it is mischievous. The Legislative council is not Second Chamber but a Secondary Chamber.
- Expensive: The members of Legislative council enjoy co-equal privileges and perks with the members of Legislative Assembly. Hence it an unnecessary burdon on the public exchequer.
Question 10.
How does the Legislature in Punjab State Control the Council of Ministers?
Answer:
In Punjab Legislature controls the Council of Ministers in the following manners:
- The members of the state Legislature controls the council of Ministers by asking questions and supplementary questions.
- The members of the state Legislature can move the motion of censure or adjournment motion against the Council of Ministers.
- The Council of Ministers is collectively and ministers are individually responsible to the state Legislature.
- The Legislative Assembly can move the vote of no-confidence against the council of ministers. The council of ministers has to resign if the Assembly passes that motion.
Question 11.
‘Legislative Assembly is more powerful than Legislative Council’. Explain.
Answer:
1. Of the two Houses, it is the Legislative Assembly which has been given the prestigious place in the state legislature. Ordinary bill can be introduced in either House. The legislative Council cannot make any law against the wishes of the Assembly while the Assembly can override the council after an interval of four months. On ordinary bills the decision of the Assembly is practically final.
2. In respect of money-bill, the Legislative Assembly Commands a dominating position. A money-bill can originate in the Legislative Assembly only. When a money bill is passed by the legislative Assembly, it is sent to the Council. The legislative Council is required to return the money-bill to the Assembly within 14 days, of its receipts with or without its recommendations. It is the Legislative Assembly which has complete control over the finances of the State.
Members of both the Houses have the right to put questions and supplementaries to the ministers. But the Council of Ministers is collectively responsible to the Legislative Assembly only.
Question 12.
Describe the position of the Legislative Assembly.
Answer:
The Legislative Assembly plays a very important role in the administration of the State. It has almost all the legislative powers of the State. The Legislative Council can delay an ordinary bill at the most for 4 months and a money bill at the most for 14 days. No law can be passed against the bill of the Legislative Assembly. The Cabinet is completely under the control of the Legislative Assembly. The Legislative Assembly by passing a vote of no-confidence against the ministry can remove it from office. In brief, the Legislative Assembly enjoys an important position in the State.
Question 13.
Describe the position of the Legislative Council (Vidhan Parishad).
Answer:
Legislative Council is the upper chamber of the State Legislature. But its position as compared with the lower chamber is of less importance. The Legislative Assembly can establish or abolish the Legislative Council by passing a resolution of this effect. The very existence of the Legislative Council depends upon the Legislative Assembly. It also enjoys less powers as compared with the Legislative Assembly.
It can delay a money bill at the most for 14 days and a non-money bill at the most for 4 months. It cannot stand in the way of the Legislative Assembly. Notwithstanding all these weaknesses it has its own importance. It serves as a revising chamber. It brings to light the shortcomings in the bills passed by the Legislative Assembly.
Question 14.
Describe the Legislative powers of the Legislative Assembly.
Answer:
The Legislative Assembly can make laws of the subjects mentioned in the State list and concurrent list. If there is only one chamber of the legislature, the bill after having been passed by this chamber is sent to the Governor for his assent. If there are two chambers of the legislature, the bill after having been passed by one chamber is sent to the second chamber and then to the Governor of the State for his assent. The second chamber council can delay the passage of the bill at the most for 4 months. The Governor can veto a bill once but if passed by the legislature for the second time, the Governor will have to give his assent.
If a bill is passed by the Legislative Assembly and the Legislative Council rejects it or delays it for more than 3 months, the bill will go back to the Assembly. If the Legislative Council again rejects it or delays it for more than one month, it will be considered to have been passed by the State Legislature as it was passed by the Legislative Assembly. In this way the Legislative Council can delay a non-money bill at the most for 4 months.
Question 15.
Explain the financial powers of the State Legislature.
Answer:
Money bill can only be introduced in the Legislative Assembly. The Legislative Assembly exercises complete control over the finances of the State. The Legislative Council can delay a money bill at the most for 14 days. The Legislative Council may reject a money bill or may not take any action over it for 14 days, in both these conditions, the money bill is considered as passed and is sent to the Governor for his approval. The Governor cannot refuse to give his assent to the money bill. During emergency limitations can be imposed on the financial powers of the Governor.
Question 16.
Explain the Executive powers of the State Legislature.
Answer:
The State Executive is responsible to the Legislative Assembly for all its actions and policies. The leader of the majority party in the Legislative Assembly is appointed the Chief Minister of the State. Most of the ministers are taken from the Legislative Assembly.
The members of the Legislative Assembly can ask questions from the ministers and they are to give statisfactory answers to all these questions. The Legislative Assembly can reject an important bill of the Cabinet or by decreasing the salary of a minister or by passing a vote of no-confidence against the ministry to remove it from the office.
Question 17.
Discuss in brief the legislative powers of the Legislative Council.
Answer:
Any non-money bill which can be introduced in the Legislative Assembly can also be introduced in the Legislative Council. Any ordinary bill in the subjects mentioned in the State fist and concurrent list can be introduced in the Legislative Council. After the bill is passed by the Legislative Council it is sent to the Legislative Assembly. The bill cannot be sent to the Governor for his assent unless it is passed by the Legislative Assembly. The Legislative Council can delay a non- money bill at the most for 4 months.
Question 18.
Describe the Financial powers of Legislative Council.
Answer:
In financial matters the Legislative Council does not enjoy much powers. Money bill cannot be introduced in this chamber. The money bill can only be introduced in the Legislative Assembly and sifter it is passed from there it is sent to the Legislative Council and the Council can delay it at the most for 14 days.
It may reject the bill or may not take any action over it for 14 days and in both these cases the bill is considered passed by both the Houses and is sent to the Governor for his assent. Budget is only introduced in the Legislative Assembly.
Question 19.
Describe the position of the Legislative council regarding the control of executive.
Answer:
The Legislative Council does not exercise much control over the executive. Some ministers are of course taken from the Council. Its members can ask questions to the ministers and they are to give satisfactory answers to the questions. The Legislative Council can criticise the functioning of the departments under the ministers. More than this it does not have any control over the Council of Minister. The Council of Ministers cannot be removed from office by the Legislative Council.
Very Short Answer Type Questions
Question 1.
Describe the composition of State Legislative Assembly.
Answer:
The Constitution provides that the Legislative Assembly of each State shall consist of not more than 500 and less than 60 members. The total strength of a State Legislative Assembly depends upon the population of the state. For instance the Legislative Assembly of Punjab consists of 117 members while Haryana Assembly has 90 members.
Question 2.
What are the qualifications of the members of Legislative Assembly?
Answer:
A candidate seeking elections to the Legislative Asssembly must fulfil the following qualifications:
- He must be a citizen of India.
- He must have completed the age of 25 years.
Question 3.
Describe the tenure of the Legislative Assembly.
Answer:
The term of the Legislative Assembly is five years. The term of five years start form the date of its sitting. After the expiry of five years the Assembly stands automatically dissolved. The Governor is empowered to dissolve the Assembly even before expiry of five years.
Question 4.
Write down any two powers of the State Legislative Assembly.
Answer:
The Legislature in the state enjoy the following powers and functions:
1. Legislative Powers:
The State Legislature can frame laws on all the subjects mentioned in the state list and concurrent list. The ordinances issued by the governor are to be approved by the legislature otherwise they will cease to operate.
2. Financial Powers:
The Legislature controls the finance of the state. The budget is passed by the State Legislature before the start of the financial year. No Tax can be imposed on the people without the consent of the Legislature.
Question 5.
Write down the functions of the Speaker of State Legislature.
Answer:
The functions and powers of the State Speaker are almost the same as those of the Speaker of Lok Sabha. His functions and powers are as follows:
- He is required to preserve order and decorum in the House of conducting Leglislative business.
- He allocates time for different kinds of businesses in the House.
Question 6.
Explain the utility of the Legislative Council.
Answer:
Legislative council is a useful chamber. The utility of this house can be described as:
1. Revision of Bill: The Legislative council serves as a revising chamber. It prevents the ill backed and ill-considered bills.
2. Relieves the Lower House of a Part its Work: The Legislative council reduces the work of the Legislative Assembly. Non-controversial bill can be introduced in the Legislative council.
Question 7.
Write down any two argument against Legislative Council.
Answer:
- Not Popular House: The Legislative council is not a people’s House. Its members are not directly elected by the people. It is a citadel of vested interests.
- Weak Chamber: The Legislative council is very weak House. It can delay a money bill at the most for 14 days and a non-money bill for four months.
Question 8.
Describe the Legislative powers of the Legislative Assembly.
Answer:
The Legislative Assembly can make laws of the subjects mentioned in the State list and concurrent list. If there is only one chamber of the legislature, the bill after having been passed by this chamber is sent to the Governor for his assent. If there are two chambers of the legislature, the bill after having been passed by one chamber is sent to the second chamber and then to the Governor of the State for his assent.
Question 9.
Explain the financial powers of the State Legislature.
Answer:
Money bill can only be introduced in the Legislative Assembly. The Legislative Assembly exercises complete control over the finances of the State. The Legislative Council can delay a money bill at the most for 14 days. The Legislative Council may reject a money bill or may not take any action over it for 14 days, in both these conditions, the money bill is considered as passed and is sent to the Governor for his approval.
Question 10.
Discuss about the various stages through which an ordinary bill has to pass in a state Legislative Assembly before it becomes an Act.
Answer:
Any ordinary Bill has to pass through following states:
- First Reading
- Second Reading
- Committee Stage
- Reporting Stage
- Third Reading
- Bill in the Second Chamber.
One Word to One Sentence Answer Type Questions
Question 1.
Describe the term of Legislative Council.
Answer:
Legislative Council is a permanent body.
Question 2.
Write the term of Legislative Assembly.
Answer:
5 years.
Question 3.
Write down one qualification for the membership of the Legislative Assembly.
Answer:
Candidate must have completed 25 years of age.
Question 4.
Mention the name of any one state where Legislative Council exists?
Answer:
Uttar Pradesh.
Question 5.
Write down any one qualification for the member of the Legislative Council.
Answer:
Candidate must have completed 30 years of age.
Fill in the blanks
1. …………… of the State Legislature is more powerful.
Answer:
Legislative Assembly
2. Legislative Assembly can be dissolved by the ……………… before the expiry of the tenure.
Answer:
Governor
3. Members of Legislative Assembly are elected by the ………….. .
Answer:
People
4. …………….. of the State Legislature is having real control over the executive.
Answer:
Legislative Assembly.
True or False statement
1. Speaker is the presiding officer of the Legislative Assembly.
Answer:
True
2. The Legislative Assembly of Punjab consist of 117 members.
Answer:
True
3. The tenure of the member of the Legislative Council is 5 years.
Answer:
False
4. After the passage of the bill by the State Legislative the bill is sent to the Governor.
Answer:
True
Choose The Correct Answer
Question 1.
The maximum strength of the legislative assembly in a state can be:
(A) 430
(B) 500
(C) 543
(D) 520.
Answer:
(B) 500
Question 2.
Which one of the following State Legislature is Bi-Cameral?
(A) Punjab
(B) Haryana
(C) Himachal
(D) Uttar Pradesh.
Answer:
(D) Uttar Pradesh.
Question 3.
The tenure of the Legislative Assembly is:
(A) 5 years
(B) 4 years
(C) 6 years
(D) 7 years.
Answer:
(A) 5 years
Question 4.
The Lower House of the State Legislature is:
(A) Legislative Council
(B) Legislative Assembly
(C) Lok Sabha
(D) Rajya Sabha.
Answer:
(B) Legislative Assembly
Question 5.
The Upper House of the State Legislature is:
(A) Legislative Council
(B) Legislative Assembly
(C) Lok Sabha
(D) Rajya Sabha.
Answer:
(A) Legislative Council
Question 6.
Which of the following state having Unicameral Legislature?
(A) Haryana
(B) Bihar
(C) U.P.
(D) Maharashtra.
Answer:
(A) Haryana