EXERCISES

1. Alok thinks that a country needs an efficient government that looks after the welfare of the people. So, if we simply elected our Prime Minister and Ministers and left to them the task of government, we will not need a legislature. Do you agree? Give reasons for your answer.

Answer: No, I do not agree with Alok’s view.

Explanation: A legislature, or Parliament, is essential for a democracy and cannot be replaced by simply electing a Prime Minister and ministers. Its role goes far beyond what a small group of ministers can do.

●      Ensuring Accountability: The legislature’s primary role is to hold the government (the executive) accountable. Without it, the Prime Minister and ministers could become dictatorial, as there would be no authority to question their decisions, scrutinize their spending, or remove them from power if they act against the people’s interests.

●      Representation of Diversity: A legislature represents the diverse views of people from all over the country. A council of ministers is a small body and cannot reflect the varied needs and aspirations of different regions, communities, and social groups.

●      Financial Control: The Parliament controls the country’s finances. It must approve all taxes and the spending of public money. This “power of the purse” is a crucial check on the government, preventing it from misusing funds.

●      Deliberation and Debate: The legislature is the highest forum for debate on national issues. Policies and laws are thoroughly discussed from multiple viewpoints before being implemented, which helps in creating better legislation. Alok’s proposal would eliminate this vital process of deliberation.

Therefore, a legislature is the bedrock of democracy, ensuring that the government remains responsible, representative, and responsive to the people.

2. A class was debating the merits of a bicameral system. The following points were made during the discussion. Read the arguments and say if you agree or disagree with each of them, giving reasons.

Arguments: Neha said that bicameral legislature does not serve any purpose.

Answer: Disagree.

Explanation: A bicameral legislature (having two Houses, like the Lok Sabha and Rajya Sabha in India) serves important purposes. The second chamber allows for a second look at every bill, preventing hasty or poorly thought-out laws. It also provides a platform to represent the interests of states or regions and allows for the inclusion of experts who may not be able to win direct elections.

Argument: Shama argued that experts should be nominated in the second chamber.

Answer: Agree.

Explanation: Nominating experts from fields like science, art, literature, and social service to the second chamber is a valuable practice. It enriches the quality of debates and law-making by bringing in specialized knowledge and experience that might not be present among career politicians. India follows this practice by allowing the President to nominate 12 members to the Rajya Sabha.

Argument: Tridib said that if a country is not a federation, then there is no need to have a second chamber.

Answer: Partially Agree.

Explanation: While the primary reason for a second chamber in a federation is to give representation to its constituent states, it is not the only reason. Even in a unitary (non-federal) country, a second chamber can be useful for revising legislation and including experts. However, its most compelling justification comes from the federal structure, so Tridib’s point is largely valid.

3. Why can the Lok Sabha control the executive more effectively than the Rajya Sabha can?

Answer: The Lok Sabha has greater control over the executive due to two main reasons: one related to the formation of the government and the other related to financial powers.

Explanation:

1.     Responsibility of the Government: In India’s parliamentary system, the Council of Ministers is collectively responsible only to the Lok Sabha. This means the government remains in power only as long as it enjoys the confidence of a majority in the Lok Sabha. The Lok Sabha can remove the government by passing a no-confidence motion. The Rajya Sabha does not have this power.

2.     Financial Powers: The Lok Sabha has supremacy in all financial matters. A money bill, which includes proposals for taxes or spending, can only be introduced in the Lok Sabha. The Rajya Sabha can only delay a money bill for 14 days or suggest amendments; it cannot reject it. Since control over finances is a key way to control the government, this gives the Lok Sabha a significant edge.

4. Rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations. Do you agree? Give reasons.

Answer: Agree. While the Lok Sabha does have powers to control the executive, its most prominent and daily function is to act as a voice for the people.

Explanation: The Lok Sabha is the “House of the People,” as its members are directly elected from constituencies across India. This direct link makes it the most important forum for reflecting the citizens’ feelings, concerns, and aspirations.

●      Through mechanisms like the Question Hour, Zero Hour, and various debates, members raise issues affecting their constituencies and hold the government accountable on matters of public interest.

●      The televised proceedings of the Lok Sabha allow the entire nation to watch their representatives debate policies that affect their lives.

●      While the power to remove a government through a no-confidence motion is a powerful tool, it is used rarely. In contrast, the function of representing public sentiment is performed daily, making the Lok Sabha a vibrant symbol of democratic expression.

5. The following are some proposals for making the Parliament more effective. State if you agree or disagree with each of them and give your reasons. Explain what would be the effect if these suggestions were accepted.

Proposal: Parliament should work for longer period.

Answer: Agree.

Explanation: If Parliament were to meet for more days in a year, it would allow for more thorough and unhurried discussion of bills, budgets, and national issues. This could improve the quality of legislation and prevent bills from being passed without adequate debate.

Proposal: Attendance should be made compulsory for members of Parliament.

Answer: Agree.

Explanation: Making attendance compulsory would ensure that members are present to participate in proceedings. This would make debates more representative and robust, and address the common problem of a lack of quorum (the minimum number of members required to be present).

Proposal: Speakers should be empowered to penalise members for interrupting the proceedings of the House.

Answer: Agree.

Explanation: While freedom of speech in the House is vital, frequent and disorderly interruptions waste precious legislative time and lower the dignity of Parliament. Empowering the Speaker to impose stricter penalties on members who repeatedly disrupt proceedings could help maintain decorum and ensure that the House functions smoothly and effectively.

6. Arif wanted to know that if ministers propose most of the important bills and if the majority party often gets the government bills passed, what is the role of the Parliament in the law-making process? What answer would you give him?

Answer: Even though the government with its majority can usually pass its bills, Parliament’s role in law-making is still critically important. It is not just a rubber stamp.

Explanation:

1.     Scrutiny and Refinement: Before a bill is voted on, it is thoroughly debated and discussed in the House. The opposition points out its weaknesses, and every clause is examined. This process often leads to improvements in the bill.

2.     Committee System: Many bills are sent to Parliamentary Committees. These committees are composed of MPs from different parties and act like “mini-Parliaments.” They study the bill in-depth, consult with experts and citizens, and suggest changes. Their recommendations are often accepted by the government and greatly improve the quality of the law.

3.     Public Awareness: The debates in Parliament are broadcast to the public. This informs people about the proposed law and allows for public opinion to be built, putting pressure on the government to consider different viewpoints.

4.     Holding the Government Accountable: The entire process forces the government to defend and justify every provision of the bill, making it accountable to the Parliament and, through it, to the people.

7. Which of the following statements you agree with the most? Give your reasons.

●      Legislators must be free to join any party they want.

●      Anti-defection law has contributed to the domination of the party leaders over the legislators.

●      Defection is always for selfish purposes and therefore, a legislator who wants to join another party must be disqualified from being a minister for the next two years.

Answer: The second statement: “Anti-defection law has contributed to the domination of the party leaders over the legislators” is the most accurate description of the law’s practical effect.

Explanation: The anti-defection law was introduced to prevent political instability caused by MPs and MLAs switching parties after being elected. While it has helped curb this practice, it has also had a significant side effect. The law requires legislators to vote along the lines dictated by their party leadership (known as the party whip). If they defy the whip, they can be disqualified from the legislature. This has reduced the freedom of individual legislators to vote according to their conscience or the specific needs of their constituents, thereby increasing the power and control of the central party leadership over them.

8. Dolly and Sudha are debating about the efficiency and effectiveness of the Parliament in recent times. Dolly believed that the decline of Indian Parliament is evident in the less time spent on debate and discussion and increase in the disturbances of the functioning of the House and walkouts etc. Sudha contends that the fall of different governments on the floor of Lok Sabha is a proof of its vibrancy. What other arguments can you provide to support or oppose the positions of Dolly and Sudha?

Answer: Both Dolly and Sudha’s positions have merit, as Parliament’s effectiveness is a complex issue with contrasting evidence.

Arguments to support Dolly (Position of Decline):

●      Reduced Number of Sittings: The number of days Parliament meets per year has been gradually decreasing, leaving less time for legislative work.

●      Passing Bills without Discussion: Important bills, including budgets, have sometimes been passed with minimal or no discussion due to disruptions.

●      Decline in Quality of Debate: Many observers have noted a decline in the intellectual quality and depth of parliamentary debates.

Arguments to support Sudha (Position of Vibrancy):

●      Assertive Committees: Parliamentary committees have become more active and influential, conducting detailed scrutiny of government functioning away from the public glare.

●      Media and Public Scrutiny: Increased media attention and live telecasts have made MPs more conscious of their performance and accountable to the public.

●      Rise of Coalition Politics: In an era of coalition governments, Parliament becomes a crucial stage for negotiation and consensus-building, proving it is not a rubber stamp for the executive. The fall of governments on the floor demonstrates that accountability is a real and potent force.

9. Arrange the different stages of passing of a bill into a law in their correct sequence:

Answer: The correct sequence for a bill to become a law is as follows:

1.     The concerned minister proposes the need for a bill. (The policy decision is taken by the Cabinet).

2.     Legislative department in ministry of law, drafts a bill. (The text of the proposed law is prepared).

3.     A resolution is passed to admit the bill for discussion. (The bill is introduced in either House of Parliament).

4.     The bill is referred to the subcommittee. (The committee examines the bill and submits a report).

5.     The bill is read clause by clause and each is voted upon. (Detailed discussion and voting in the House).

6.     The bill is passed in the house in which it was proposed. (The House votes on the bill as a whole).

7.     The bill is referred to other House and is passed. (The bill goes through the same process in the second House).

8.     The bill is referred to the President of India. The President’s assent turns the bill into a law.

○      What happens if the President does not sign it? For a non-money bill, the President can send it back to Parliament with suggestions for reconsideration. However, if Parliament passes the bill again (with or without changes) and sends it back, the President is obligated to give his assent.

10. How has the system of parliamentary committee affected the overseeing and appraisal of legislation by the Parliament?

Answer: The system of parliamentary committees has greatly improved and strengthened the Parliament’s ability to oversee the government and appraise legislation.

Explanation:

●      In-Depth Scrutiny: Parliament as a whole has limited time to examine every bill in detail. Committees, being smaller bodies, can dedicate the necessary time and attention to conduct a thorough, clause-by-clause review of proposed laws.

●      Expert Input: Committees can summon government officials, outside experts, and stakeholders to gather information and diverse perspectives. This makes the legislative appraisal process more informed and comprehensive.

●      Financial Oversight: Departmentally-related standing committees scrutinize the budget proposals (demands for grants) of various ministries, examine their reports, and monitor how public money is being spent, ensuring financial accountability.

●      Non-Partisan Deliberation: Discussions within committees are often less partisan and more focused on the technical details of the legislation compared to the politically charged debates in the main House. This allows for a more effective and collaborative appraisal of the law.

In essence, committees do the detailed homework, which enables the Parliament to perform its legislative and oversight functions more efficiently and effectively.

Chapter 5: The Legislature Notes | 11th Class