CLASS 8 CHAPTER-18 THE UNION GOVERNMENT(THE LEGISLATURE)

THE UNION GOVERNMENT

THE LEGISLATURE

INTRODUCTION

India is a vast country with diverse language, religions , customs, traditions, climate conditions and geographical features, It becomes difficult to have a single unified administrative setup therefore we opted for a federal form of government.

LEVELS OF GOVERNMENT

1.NATIONAL LEVEL

2. STATE LEVEL

3.LOCAL BODY GOVERNMENT OR GRASSROOT LEVEL

NO OF STATE IN INDIA-28

NO. OF UNION TERITORRY-9

In state level of government;-

The Governor is the head of the state.

The Chief Minister is the head of the Government.

In Union level government :-

The union government has three organs-

1.The Legislature

2.The Executive

3.The Judiciary

1.The union legislature is called parliament(Sansad).

2.It is bicameral and consists of two houses names - Lok Sabha and Rajya Sabha.

3.President of India is the head of the the country.

4.The Prime Minister is the head of the union government.

UNION LIST

1.In this list no of subjects are 97 all the subjects are national importance.

2.Only parliament has to power to legislate on them.

3.Union subjects like defence, foreign affairs, war and peace. railways, post office, currency, foreign exchange etc.

STATE LIST

1.In this list no of subjects are 66.

2. The state legislature has power to make a law on the state list subjects.

3.But in certain circumstances, the parliament can also make law on subjects mentioned in the State list.

4. State List subjects like-Police, local government, forests, etc.

CONCURRENT LIST

1.In this list no of subjects are 52.

2.The union legislature and the state legislature have power to make law.

3.But in case of conflict, the union laws prevails over the state laws.

4. Concurrent list subjects like-marriage and divorce, transfer of property other than agricultural land, adulteration of foodstuffs, drugs and medicines, labour welfare, etc.

RESIDUARY SUBJECTS

1.Only parliament has power to make a law in the Residuary subjects.

2.Residuary subjects like Computer software, hardware, e-commerce, information technology, etc.

THE UNION LEGISLATURE

After a long struggle of freedom the people of India who aspired for a democratic self government. So the constitution of India laid down the principle of Universal Adult Franchise according to this all citizen who are 18 or more than 18 years of age have the right to vote.

Parliament consists of the President of India and two houses Lok Sabha and Rajya Sabha.

President of India is not a member of any houses but he/she is the integral part of Parliament.

LOK SABHA

THE HOUSE OF THE PEOPLE

LOWER HOUSE

The maximum strength of Lok Sabha 552.

530 members are directly elected by the people of different states.

20 members are directly elected by the people of different Union Territories.

2 members are nominated by the President of India from the Anglo-Indian.

Current seat of Lok Sabha is 545.

543 members are elected by the people of different states and Union Territories.

2 members are nominated by the Anglo- Indian.

Some seats are reserved seats for Scheduled Castes/Scheduled Tribes. Only the people belonging to those categories only can contest the election from these Reserved Constituencies.

Largest no of the constituencies are Uttar Pradesh-80

Largest no of the Constituencies are in Sikkim(1), Mizoram(1), and Nagaland(1).

The youngest State of Telangana has 17 constituencies.

National Capital Territory of Delhi has 07 constituencies.

QUALIFICATONS OF LOK SABHA MEMBER

1. He /She must be a citizen of India.

2.He/She must have completed the 25 years of age.

3. His /Her name must be in the voters' list.

4. His/ he must possess such other qualifications as may be prescribed under law made by the Parliament.

5. He /She should not be a government servant.

TENURE

The normal tenure of Lok Sabha is 5 years.

The President of India can dissolve it earlier also but only the recommendation of the Prime Minister.

The term of Lok Sabha can be extended for a period of one year at a time , if such a bill is passed by the Parliament to meet some emergency situation, for the orderly and smooth working of the Lok Sabha.

The speaker of Lok Sabha and the Deputy Speaker are elected by the members from amongst themselves.

POWERS AND FUNCTIONS OF THE SPEAKER OF LOK SABHA

1.The speaker presides over the meeting of Lok Sabha.

2.In the absence of Lok Sabha, the house is chaired by the Deputy Speaker.

3. The Speaker maintains discipline the decorum of the House. If the situation demands, the Speaker can adjourn the House.

4. All the petitions and documents addressed to the House are received by the Speaker.

5. It is the Lok Sabha Speaker who presided over the joint sitting of both the houses of parliament Lok Sabha and Rajya Sabha.

RAJYA SABHA

UPPER HOUSE

HOUSE OF THE COUNCIL OF THE STATE

The maximum strength of Rajya Sabha 250.

238 members are indirectly elected from the different states and union territories(those union Territories has Assembly like Puducherry ,Delhi and Jammu Kashmir).

12 members are nominated by the President of India from the Anglo-Indian.

Current seat of Rajya Sabha is 245.

233 members are elected by the people of different states and Union Territories(those union Territories has Assembly like Puducherry ,Delhi and Jammu Kashmir).

QUALIFICATONS OF RAJYA SABHA MEMBER

1. He /She must be a citizen of India.

2.He/She must have completed the 30 years of age.

3. His /Her name must be in the voters' list.

4. His/ he must possess such other qualifications as may be prescribed under law made by the Parliament.

5. He /She should not be a government servant.

TENURE

The normal tenure of Rajya Sabha is 6 years.

POWERS AND FUNCTIONS OF THE CHAIRMAN OF RAJYA SABHA

1.The chairman presides over the meeting of Rajya Sabha.

2.In the absence of Rajya Sabha chairman , the house is chaired by the Deputy chairman.

3. The chairman maintains discipline the decorum of the House. If the situation demands, the chairman can adjourn the House.

4. All the petitions and documents addressed to the House are received by the chairman.

POWER AND FUNCTION OF UNION PARLIAMENT

1.Legislative power

The parliament makes laws on all the subjects enlisted in the Union list and the Concurrent list and the Residuary subjects. Under special circumstances, it can also make laws on the subjects given in the State list.

2.Control over the Executive

In the parliamentary form of government the Council of Ministers is Collectively responsible to the Lok Sabha. In case a vote of no confidence is passed against any one minister the whole council of minister has to resign collectively. The parliament also controls the executive by asking questions .

3.Financial Powers

The annual budget of the Central government is passed by the Parliament every year. The government cannot impose any tax or incur any expenditure if the proposals are not approved by the parliament. Lok Sabha is more powerful than Rajya Sabha regarding money bill. Money bills only can be introduced in Lok Sabha.

4.Power to Amend the Constitution

Regarding amendment of the Constitution, both the Houses enjoy equal power. An amend bill can be introduced in either House. The constitution of India provides three methods of amending the Constitution like -

1. By Special Majority,

2. By Special Majority

3.Special Majority and Ratification

5.Judicial Powers

The parliament have power to remove our President , the Judges of Supreme Court and the Judges of High Courts. The procedure adopted for this purpose is called impeachment. Impeachment bill must be passed by the both the houses of two third majority of members present and voting in each House during the same session.

6.Electoral Functions

The Member of Parliament exercise their right to vote to elect the President and the Vice President of India.

QUESTION AND ANSWER

1.Why did India opt for a federal form of the government? Explain.

Answer

2.How have the Legislative powers been divided between the Union Government and the State Government.

Answer

UNION LIST

1.In this list no of subjects are 97 all the subjects are national importance.

2.Only parliament has to power to legislate on them.

3.Union subjects like defense, foreign affairs, war and peace. railways, post office, currency, foreign exchange etc.

STATE LIST

1.In this list no of subjects are 66.

2. The state legislature has power to make a law on the state list subjects.

3.But in certain circumstances, the parliament can also make law on subjects mentioned in the State list.

4. State List subjects like-Police, local government, forests, etc.

CONCURRENT LIST

1.In this list no of subjects are 52.

2.The union legislature and the state legislature have power to make law.

3.But in case of conflict, the union laws prevails over the state laws.

4. Concurrent list subjects like-marriage and divorce, transfer of property other than agricultural land, adulteration of foodstuffs, drugs and medicines, labour welfare, etc.

3.Describe the composition of the Union Government in India.

Answer

Union Government have three organ-

1. The Union legislature-

It is called Sansad. It is bicameral means it has two houses Lok Sabha and Rajya Sabha. It is the highest law making body.

2. Union Executive

It comprise of the President of India and the Union council of Minster headed by the Prime Minister of India.

3. The Judiciary

The apex Court of India is the Supreme Court which has 34 judges headed by the Chief Justice of India.

4. Highlight the three dissimilarities between Lok Sabha and Rajya Sabha with respect to their composition .

Answer-

Lok Sabha

1. Maximum seats in Lok Sabha is 550

2.The President has the power to nominate 2 Anglo Indian.

3. At present the Lok Sabha has 545 members.

4. The member of Lok Sabha directly elected by the people.

Rajya Sabha

1. Maximum seats in Rajya Sabha is 250.

2.The President has the power to nominate 12 famous personalities.

3.At present the Rajya Sabha has 245 members.

4. The member of Rajya Sabha indirectly elected by the people.

5.Mention any three advantages of Universal Adult Franchise.

Answer-

1.People express their trust in the functioning of our democratic set - up.

2.They elect their representatives who constitute the parliament that controls and guides the government.

3.The right to vote gives the people an opportunity to actively participate in the political process of the country.

Long Question

1. Describe any five major functions of the Indian Parliament.

Answer

POWER AND FUNCTION OF UNION PARLIAMENT

1.Legislative power

2.Control over the Executive

3.Financial Powers

4.Power to Amend the Constitution

1. By Special Majority,

2. By Special Majority

3.Special Majority and Ratification

5.Judicial Powers

2. Compare the Legislative and Financial powers of Lok Sabha and Rajya Sabha. On the basis of your comparison, which one of the two Houses is more powerful and how?

Answer-

1.Lok Sabha has the power to introduce a Money bill. This bill will go for the consideration of Rajya Sabha for 14 days and they are bound to pass the bill within the tenure.

2. In case of issuing ordinary bill both the houses enjoy equal power. Both in case of dead lock there will be joint sitting called by President and as Lok Sabha contain more people so it wins.

3.The Lok Sabha has the power to pass annual budget every year.

So, Lok Sabha is more powerful.

3. How is the Speaker of Lok Sabha elected? Mention her/his powers and functions.

Answer-

The Lok Sabha speaker and Deputy Speaker are elected by the member from amongst themselves.

POWERS AND FUNCTIONS OF THE SPEAKER OF LOK SABHA

1.The speaker presides over the meeting of Lok Sabha.

2.In the absence of Lok Sabha, the house is chaired by the Deputy Speaker.

3. The Speaker maintains discipline the decorum of the House. If the situation demands, the Speaker can adjourn the House.

4. All the petitions and documents addressed to the House are received by the Speaker.

5. It is the Lok Sabha Speaker who presided over the joint sitting of both the houses of parliament Lok Sabha and Rajya Sabha.

4. Explain the composition of Rajya Sabha. Who can be elected as a member and for how long? Why is Rajya Sabha called a permanent House?

Answer-

Rajya Sabha it is sometimes called house of elders the Rajya Sabha is an indirectly elected houses. The actual strength of Rajya Sabha at present is 245 of which 233 are elected and 12 are nominated by the President of India.

QUALIFICATONS OF RAJYA SABHA MEMBER

1. He /She must be a citizen of India.

2.He/She must have completed the 30 years of age.

3. His /Her name must be in the voters' list.

4. His/ he must possess such other qualifications as may be prescribed under law made by the Parliament.

5. He /She should not be a government servant.

TENURE

The normal tenure of Rajya Sabha is 6 years.

Rajya Sabha is called permanent house because it cannot be dissolved.

5. Describe the procedure followed by the Union Parliament in passing an ordinary bill.

Answer-

An ordinary bill can be introduced in any of the house of the Parliament. It can be introduced by Minister.