Union Parliament Flashcards
Number of subject on State List
66
Number of Subjects on Union/Central List
97
What are some examples of subjects on the Union/Central List? [Gayle]
Banking, Communication, Currency, Citizenship, Defence, Foreign Affairs, Railways
What are some examples of subjects on the state list?
Agriculture, Animal husbandry, Local health, Local government police, transport.
When there is a conflict between the Union Parliament and the State Legislature on a law on the CONCURRENT list, which law will prevail? Why?
Union law will prevail, because India is more unitary than federal. The central government is also more powerful than the state governments.
Who legislates on the Union/Central list? or Who has the exclusive powers to do so?
Union Parliament.
Can the Parliament legislate on the State list? Why?
Yes. Rajya Sabha is a but the Council of States. [Members are elected MLAs]
Who can legislate on the Concurrent List?
Both the Union Parliament and State Legislative Assemblies can legislate on the Concurrent list.
How many subjects are there on the concurrent list?
46
What are some examples of subjects on the concurrent list?
- Education
- Forests
- Adoption
- Succession
- Trade Union
Under what conditions can the Parliament legislate on the State list?
- During the proclamation of an emergency
- When the Rajya Sabha passes a resolution of 2/3rds majority that a subject on the state list has assumed national importance.
- When 2 or more states are of the opinion that the Parliament must legislate on a subject on the State list, then the Parliament may make ACT on the subject- only applicable to those states.
When does a bill become a law?
When the President stamps and signs the bill with his/her assent.
Can the President withhold a Bill? Why?
Yes- if he/she wants to know why the LS/RS is not accepting the suggestions of the other house.
What are residuary powers?
The authority the Parliament has to legislate on subjects that are on none of the three lists (Union/Central List, State List, Concurrent List)
Who can legislate on residuary subjects?
The Union Parliament
Define an Ordinance
Ordinances are temporary laws that are promulgated when the Parliament is not in session. They have the same effect as an act. They must be put up before both houses for their approval.
When do Ordinances cease to operate?
6 weeks from the re-assembly of the parliament.
When will Ordinances continue to operate after 6 weeks? or CAN AN ORDINANCE BECOME AN ACT?
Yes, it can- when they are approved of by both houses of Parliament by a vote.
List the Legislative Powers of the Parliament.
- Introduction of Non-Money Bills
- Matters on the Central List
- Matters on the State List
- Matters on the Concurrent List
- Residuary Powers
- Ordinances
- Powers during an emergency
What is the term of a Legislative Assembly?
5 years
Explain the Parliament’s legislative power “Powers During an Emergency”? What is the emergency here?
When there is a BREAKDOWN IN CONSTITUTIONAL MACHINERY- emergency is declared in the state. The parliament gets involved and the President assumes power in that state- PRESIDENTIAL RULE. The Parliament makes laws and manages budget of that state UNTIL NEW LEGISLATURE is formed.
What is it called when the President assumes power in a state? (Should the State Legislative has dissolved before its term of FIVE years)
PRESIDENTIAL RULE
What are the electoral functions of the Parliament? 3 FUNCTIONS
- Both houses of Parliament as well as the state legislatures elect the PRESIDENT of India
- Both houses of Parliament alone elect the Vice President of India
- Lok Sabha elects its Speaker and Deputy speaker FROM AMONG THEIR OWN MEMBERS and the Rajya Sabha elects their Deputy Chairman from among their own members.
Is the Vice President of India impeached?
No, he/she is not impeached- he/she is removed as an MP.
Can an amendment bill be made in the State Legislatures?
No.
List the judicial powers of the Parliament.
- Impeachment of President
- Removal of judges of the High Courts or Supreme Court
- Punishments
What is the procedure of the removal of president from office called?
Impeachment
Describe the process of the impeachment of the President of India.
If there is a 1. VIOLATION OF THE CONSTITUTION or 2. GRAVE MISCONDUCT, either House frames charges against the President. If a resolution of 2/3rds majority of total membership and majority of those present and voting is passed, the other house will investigate the charges. If the OTHER house too finds the President guilty, he will be impeached from office.
Apart from the judges of the High Courts and the Supreme Court, who else can the Parliament remove?
The Comptroller and Auditor-General of India.
Explain the Judicial Power (that the Parliament has) “Punishment”
The Parliament may punish a person for 1. OBSTRUCTING THE WORK OF THE PARLIAMENT or 2. SHOWING DISRESPECT TO THE HOUSE
State an example of the Parliament utilising their Judicial power “Punishment”
In 1961, the Editor of the Blitz was reprimanded for ridiculing a member of the Parliament
Can both houses amend the constitution?
Yes. BOTH HOUSES CAN PROPOSE AN AMENDMENT BILL.
How is an amendment initiated?
As a non-money/ordinary bill.
How in an amendment passed?
An amendment is passed by a majority of total membership and a 2/3rds majority of those present and voting.
Are the state legislatures involved in amendment bills?
Yes, in some cases, the amendment requires the ratification or approval of 1/2 the legislative assemblies.
Name the type of bill that can be initiated in either house of Parliament.
Non-Money Bill/Ordinary Bill
Are all ministers MPs?
Yes.
Are all MPs ministers?
No.
What are the 2 types of Non-Money/Ordinary Bills?
- Private Member’s Bill
- Govt. Bills
What does PMB stand for?
Private Member’s Bill
Who initiates a Private Member’s Bill?
Can be an MP from either Opposition or Ruling party
State the percentage of PMBs initiated in the Parliament
10%
State the percentage of Govt. Bills initiated by the Parliament
90%
Who initiates a government bill?
A Minister
Do PMBs usually become laws?
No.
Do govt. bills usually become laws? Why?
Yes. Reasons:
1. They are a must for the welfare of citizens
2. Only then can the govt. satisfy people and come to power again (DPSP)
Are ministers a part of Lok Sabha or Rajya Sabha.
Ministers have to be a part of Lok Sabha and can be a part of Rajya Sabha.
What happens if the Parliament doesn’t have a President?
The Lok Sabha and Rajya Sabha are nullified, because the President signs and stamps bills with her/his assent for law making.
Whom does the Lok Sabha exclusively elect?
- Speaker of LS
- Deputy Speaker of LS
Whom does the Rajya Sabha exclusively elect?
- Deputy Chairman of RS
What subjects usually come under Money Bills? IE2T
Income, Expenditure, Import, Export, Taxes
List the Financial powers of the Parliament
- Money Bill Introduction
- Budget
- Supplementary Grants
- Vote on Accounts
- Salaries
- Permissions for Taxes
Define a Money Bill.
A bill regarding the expenditure and income of the country.
Which house can introduce a Money Bill/ from where can a Money Bill originate?
Lok Sabha ONLY.
Can the Rajya Sabha introduce a Money Bill?
No.
Why can only the Lok Sabha introduce a Money Bill?
Lok Sabha consists of MPs directly elected by the people- this the people’s money.
What happens after a Money Bill is introduced in the Lok Sabha?
It is sent to the Rajya Sabha for RECOMMENDATIONS- the RS can withhold the Bill for a maximum of 14 days.
For how many days (maximum) can the RS hold a Money Bill?
14
For how many days can a house hold a Non-money Bill initiated by the other house?
n number of days (any number of days)
Is it binding on the Lok Sabha to accept the advice of RS when it comes to Money Bills?
No.
What role does the RS play in financial/Money Bill matters?
Advisory Role.
What type of bill is a Money Bill?
Govt. Bill
Who decides whether a bill is a MB or a NMB?
The Speaker of the Lok Sabha.
What bill is a finance bill?
Non-money Bill
Is there a joint sitting for a Money Bill? Why?
No- it is not binding on the LS to accept the advice of the RS.
When can the MB be initiated by the Lok Sabha?
At any time.
What is the condition for a Money Bill to be initiated?
It needs the consent of the President of India.
Define the Budget
The amount allotted/estimates of receipts and expenditures of the government for the financial year.
Who presents the budget and where?
The Finance Minister, in the name of the President, presents the budget in the Lok Sabha only.
What were the 2 parts of the budget and what happened?
2 parts:
- Railway Budget
- Union/General Budget
The two have been merged since 2017-18.
When is the budget presented?
Beginning of Budget Session- Feb 1.
When does the Budget come into effect?
Beginning of the financial year- April 1.
Explain the Financial Power “Supplementary Grants”
If the amount authorised for the financial year is not sufficient, the GOVT. may make a fresh demand known as supplementary grants.
How are Supplementary grants passed?
In the same manner as Annual Budget.
Explain the Financial Power “Vote on Accounts”
If the Union Budget is not passed before the beginning of the new financial year (Apr 1), then there is no money for the govt. to spend, hence there is a deficit int he treasury. Vote on Accounts is a device that authorises the govt. to draw funds from CONSOLIDATED FUND OF INDIA until the budget is passed by the Parliament.
What does CFI stand for?
Consolidated Fund of India
With whose permission can the govt. draw funds from the CFI?
MPs of the LS
Where has the money that is in the CFI come from? TEP (Tepped in)
Taxes, export earnings, production
From where is the Union Budget prepared?
From the CFI
What is the contingency fund?
Extra amounts available in the country meant for emergency purposes.
With whose permission can money from the contingency fund be used?
The President of India.
Explain the Financial Power “Salaries and Allowances”
The salaries and allowances of the MPs and Ministers are determined by the Parliament- IT CANNOT BE PUT TO VOTE.
Explain the Financial Power “Permission for Collecting Taxes”
Can only be done with the consent/approval of the Parliament
What are the 3 methods by which the Parliament controls the executive?
- Interpellation
- Adjournment Motion
- Vote of No-confidence
To which house is the Council of Ministers collectively responsible?
Lok Sabha
What is the condition for the ministers to stay in office?
They must enjoy the confidence of a majority of the members of the Lok Sabha
Explain the method “Interpellation” by which the Parliament exercises control over the executive. (QH can become HH)
- QH
- CAN
- HH
These are devices used to seek information from the govt, about its policies and performance.
STARRR: QH
(Define)
The first hour of very working day of the LS is allotted to asking questions unless otherwise decided by the speaker. The questions keep the functioning of the govt. open to scrutiny and check injustice and slackness of the govt.
What device can be used to obtain information on matters of public imp. or highlight at grievance?
The Right to Interpellation during question hour
Explain the method “Vote of No-Confidence” by which the Parliament exercises control over the executive. [2 points]
- If the govt. violates the constitution, then it can be voted out of office by a vote of no-confidence.
- It can be directed towards the PM, member of the ministry or the entire ministry, but either way the entire council of ministers must resign.
Explain the method “Adjournment Motion” by which the Parliament exercises control over the executive. 1AB
- This motion is aimed at censuring the omission and commission of the Ministers.
- 2 Occasions when AM was passed:
a. Death of several people due to consumption of unlicensed liquor
b. Killing of an IPS Officer in a place of worship
List the exclusive powers of the Rajya Sabha.
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- Making laws on the State list by 2/3rds Majority
- When LS dissolves, RS becomes sole de facto and sole de jure Parliament
- Creates All India services (IAS, IFS, IPS)
List the exclusive powers of the Lok Sabha.
- Introduction of MB
- No-confidence motion
- Adjournment motion
- All bills get easily approved because of numerical strength
Explain the exclusive powers of the Rajya Sabha.
- EVEN THOUGH THE PARLIAMENT CANNOT UNDER NORMAL CIRCUMSTANCES, the RS may pass a resolution by a 2/3rds Majority to legislate on a subject on the State List. THE LOK SABHA CANNOT ASSERT ITSELF IN SUCH MATTERS.
- If the LS is dissolved before or after the declaration of a national emergency, then the RS becomes the sole de facto and de jure Parliament. RS is a permanent house.
- The RS may declare the creation of All India Services a national interest- Parliament will create new services.
Can the Lok Sabha also pass a resolution by a 2/3rds majority to legislate on a subject on the state list?
No, the LS has no such right to assert itself.
What limitation does the LS face that the RS does not?
LS can be dissolved- RS cannot.
Which house is more powerful? Lok Sabha or Rajya Sabha?
LOK SABHA.
Explain the exclusive powers of the Lok Sabha.
- Motions of No-confidence can only be passed in the Lok Sabha. If passed by a majority vote, the entire ministry must resign. The RS has no such power over the executive.
- Adjournment Motion
- Money Bills can only be introduced int he LS, and upon being sent to the RS, where it can be delib. upon for 14 days
- In case of a DEADLOCK between LS and RS over a Non-Money bill/Ordinary Bill- Lok Sabha will prevails (higher numerical capacity)
Define federalism.
Federalism is a system of government wherein the power is divided between the central authority and various constituent units of the country.
Explain what happens in a federal setup.
In a federal setup, the administrative powers are divided between the central government and state governments and both are supreme within their respective spheres ACCORDING TO THE CONSTITUTION.
Write a short note about Union Territories.
The Union Territories directly governed by the Central Government and do not enjoy any individual powers or autonomy.
What does the Union Parliament comprise of?/What are the 3 organs of the Union Parliament?
- President
- Lok Sabha/Lower House/House of the People
- Rajya Sabha/Upper House/ Council of States
Define the Parliament.
The Parliament is a body of people’s representatives that exercises supreme power of governance in a democratic country.
How are the members of the Lok Sabha elected?
Directly; By the people of India.
What is the term of the Lok Sabha?
5 years.
What is the maximum strength of the Lok Sabha, as provided by the Constitution?
550
Explain the composition of the Lok Sabha.
550- Total Capacity
530- Representatives of States
20- Representatives of Union Territories
List the qualifications to be a member of the Lok Sabha
- Must be a citizen of India
- Must not hold any other office of profit under the government
- Must be a valid voter/name should be on electoral or voter’s list
- Must be at least 25 years of age.
Explain the difference between The Parliament and the Government
P:
- Legislates Laws
- Comprises all elected members
G:
- Executes the laws
- Only members of ruling party
What type of legislature does India have?
Bicameral
List the three types of party systems:
- Single Party System
- Dual Party System
- Multiple-Party System
Which party has the highest number of seats?
Ruling party
Which party has the second highest number of seats?
Opposition
Define Coalition
A temporary alliance made between different political parties of a government
Which party system does India have?
Multiple-Party System
Define a “Parliamentary Procedure”
A Parliamentary Procedure is a formality that all legislators must observe in the Parliament as well as State Legislatures.
List the five Parliamentary Procedures.
- Sessions
- Question Hour
- Zero Hour
- Quorum
- Motions
Define the Parliamentary procedure “Sessions”
A session is the time when the house meets to transact the business of the day and discuss government policies and programmes.
Explain the Parliamentary Procedure “Session”
- Definition.
- Presidents each House fo the Parliament to session
- Each House must meet at least twice a year and there must be a maximum gap of 6 months in between each session.
- There are 3 sessions:
1. Budget Session (Feb-April/May)
2. Monsoon Session (July-Aug/Sept)
3. Winter Session (Nov-Dec)
Which session is mandatory for the Lok Sabha?
Budget Session
Define the Parliamentary Procedure “Quorum”.
The Quorum is the minimum number of members required to be present in order to enable the House to transact its business.
Explain the Parliamentary Procedure “Quorum”
- Definition
- Business: House proceedings, passing of bills, resolutions
- The quorum is 1/10th of the total membership of the house
- The Speaker has the right to adjourn the session due to a lack of quorum until requisite quorum is attained.
