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.