Syllabus- System of Government: Parliamentary system, Central Government: President, Prime Minister & Council of Ministers; Parliament: Powers and Functions;
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
Q1. Explain the multi-functional role of the Parliament?
Answer Framework-
Introduction: –
Write briefly about the composition of the Indian Parliament.
The Parliament enjoys extensive powers and performs a variety of functions towards the fulfilment of its constitutionally expected role.
Body: –
Write about various powers and functions available to the Parliament and explain briefly about each powers and functions.
Conclusion
- Parliament has the central role in our democracy as the representative body that checks the work of the government.
- In order to fulfill its constitutional mandate, it is important that Parliament functions effectively.
Content: –
Parliament has the following powers and functions:
- Legislative Powers and Functions
- Financial Powers and Functions
- Executive Powers and Functions
- Judicial Powers and Functions
- Amending Powers
- Electoral Powers and Functions
- Other powers and functions.
Legislative Powers and Functions: –
The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
The Parliament can also pass laws on items in the State List such as Article 356(Emergency is in operation), Article 249(Rajya Sabha passes a resolution), Article 253(implementation of international agreements), Article 252(two or more states pass a resolution).
Financial Powers and Functions:
Tax can be levied or collected and expenditure can be incurred with the approval of Parliament.
The enactment of the budget by the Parliament legalises the receipts and expenditure of the government for the ensuing financial year.
It scrutinizes the Government spending and financial performance with the help of its financial committees (public accounts committee, estimates committee and committee on public undertakings).
Executive Functions (Control over the Executive): –
In the parliamentary form of government, the executive is responsible to the legislature.
The Members of Parliament can ask questions to the ministers on their omissions and commissions of the bill.
It has No-Confidence, Adjournment Motion, Censure Motion and Cut Motion to seek the attention of the executive and check the functioning of the executive.
Judicial Powers and Functions: –
It can impeach the President for the violation of the Constitution.
It can remove the Vice-President from his office.
It can recommend the removal of judges (including chief justice) of the Supreme Court and the high courts, chief election commissioner, comptroller and auditor general to the president.
It can punish its members or outsiders for the breach of its privileges or its contempt.
Amending Powers
The Parliament has the power to amend the Constitution of India and it is subject to limit under ‘basic structure’ of the Constitution.
In others words, the Parliament can amend any provision of the Constitution except the ‘basic features’ of the Constitution.
Electoral Functions
The Parliament takes part in the election of the President and the Vice President.
Other powers/functions of the Parliament: –
The Parliament has the power to alter, decrease or increase the boundaries of states/UTs.
The Parliament functions as an organ of information. The ministers are bound to provide information in the Houses when demanded by the members.
Q2. Explain about the ineffectiveness of Parliamentary control over the Government and Administration?
Answer Framework-
Introduction: –
In a Parliamentary system, the Parliament seeks the accountability from the executive.
Body: –
Write about the various factors responsible for the ineffectiveness of the Parliament control over the Government and administration.
Conclusion
- Parliament has the central role in our democracy as the representative body that checks the work of the government.
- In order to fulfill its constitutional mandate, it is important that Parliament functions effectively.
- This will require making and following processes such as creating a system of research support to Members of Parliament, providing sufficient time for MPs to examine issues, requiring that all Bills and budgets are examined by committees and public feedback is taken.
Content: –
Reasons for the ineffectiveness of Parliamentary control over the Government and Administration –
- The Parliament has neither time nor expertise to control the administration which has grown in volume as well as complexity.
- Parliament’s financial control is hindered by the technical nature of the demands for grants. The parliamentarians being laymen cannot understand them properly and fully.
- The legislative leadership lies with the Executive and it plays a significant role in formulating policies.
- The very size of the Parliament is too large and unmanageable to be effective.
- The majority support enjoyed by the Executive in the Parliament reduces the possibility of effective criticism.
- The financial committees like Public Accounts Committee examines the public expenditure after it has been incurred by the Executive. Thus, they do post mortem work.
- The increased recourse to ‘guillotine’ reduced the scope of financial control.
- The frequent promulgation of ordinances by the president dilutes the Parliament’s power of legislation.
- Lack of strong and steady opposition in the Parliament, and a setback in the parliamentary behaviour and ethics, have also contributed to the ineffectiveness of legislative control over administration in India.
Prelims Questions of the Day: –
1. Which of the following statements about the Indian parliament is incorrect?
- The Rajya Sabha is called the ‘House of Elders’ while the Lok Sabha is called the ‘Popular House’.
- The Lok Sabha represents the states and union territories while the Rajya Sabha represents the people of India as a whole.
- A parliamentary system can also have a unicameral legislature.
- All the given statements are correct
Answer: B.
Explanation:
The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House). (Hence statement A is correct).
While Rajya Sabha represents the states and union territories of the Indian Union, Lok Sabha represents the people of India as a whole. (Thus statement B is incorrect).
A unicameral system is a government with one legislative house or chamber. Unicameral is the Latin word that describes a single-house legislative system. Generally, smaller countries with long-established democracies tend to have unicameral systems while larger countries may have either a unicameral or bicameral system. (Hence statement C is correct). Countries with unicameral governments include Armenia, Bulgaria, Denmark, Hungary, Monaco, Ukraine, Serbia, Turkey, and Sweden.
2. Which of the following statements about Rajya Sabha is correct?
- Only elected members of a state legislative assembly can take part in the election of Rajya Sabha members of that particular state.
- Rajya Sabha gets dissolved by the President of India once in six years.
- The representatives of union territories in Rajya Sabha are directly elected by members of a specially constituted electoral college.
- All the union territories have at least one representative in Rajya Sabha.
Answer: A.
Explanation:
The representatives of states in the Rajya Sabha are elected only by the elected members of state legislative assemblies. The nominated members of the state legislative assembly and members of the state legislative council don’t vote in the election of Rajya Sabha members. (Hence statement A is correct).
Unlike the Lok Sabha which can be dissolved by the President of India on the recommendation of the council of ministers, the Rajya Sabha is a permanent house and can’t be dissolved. However, the tenure of the Rajya Sabha members is for six years. (Hence statement B is incorrect).
The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose. This election is also held following the system of proportional representation through the single transferable vote. (Hence statement C is incorrect).
At present, only three out of the nine union territories (Delhi, Puducherry, and Jammu & Kashmir) have representation in Rajya Sabha. The populations of the other six union territories are too small to have any representative in the Rajya Sabha. (Hence statement D is incorrect).
3. Regarding Lok Sabha, consider the following statements. Which of the below statement(s) is/are correct?
- The representatives of states in the Lok Sabha are directly elected by the people based on universal adult franchise.
- The constitution prescribed direct election for representatives of Union Territories in the Lok Sabha.
- At present, the president can nominate two members from the Anglo-Indian community if the community is not adequately represented in the Lok Sabha.
- None of the above
Answer: A.
Explanation:
The representatives of states in the Lok Sabha are directly elected by the people from the territorial constituencies in the states. The election is based on the principle of universal adult franchise. i.e. Indian citizen who is above 18 years of age and who is not disqualified under the provisions of the Constitution or any law is eligible to vote at such election. (Hence statement A is correct).
The Constitution has empowered the Parliament to prescribe the manner of choosing the representatives of the union territories in the Lok Sabha. Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the union territories are also chosen by direct election. (Hence statement B is incorrect).
The president can nominate two members from the Anglo-Indian community if the community is not adequately represented in the Lok Sabha. Originally, this provision was to operate till 1960 but has been extended till 2020 through periodic amendments. In January 2020, the Anglo-Indian reserved seats in the Parliament and State Legislatures of India were discontinued by the 104th Constitutional Amendment Act, 2019. The reason cited by the government for discontinuing the reservation is that the Anglo-Indian population in India was just 296 as per the 2011 census. (Hence statement C is incorrect).
4. Which of the following statements about the Lok Sabha elections is correct?
- All the states are allotted seats in the Lok Sabha in such a manner that the ratio between the number of seats and their population is the same for all states.
- Constitution provides for reservation of seats to scheduled castes and scheduled tribes in the Lok Sabha based on population ratios.
- A member of a scheduled caste and scheduled tribe can’t contest from a general (non-reserved) seat in Lok Sabha.
- The constitution provided for the Delimitation Commission for the readjustment of Lok Sabha seats and territorial constituencies.
Answer: B.
Explanation:
To hold direct elections to the Lok Sabha, each state is divided into territorial constituencies. In this respect, the Constitution makes the following two provisions:
- Each state is allotted seats in the Lok Sabha in such a manner that the ratio between that number and its population is the same for all states. This provision does not apply to a state having a population of less than six million. (Hence statement A is incorrect)
- Each state is divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.
Constitution (Article 334) provides for the reservation of seats for scheduled castes and scheduled tribes in the Lok Sabha based on population ratios. Originally, this reservation was to operate for ten years (i.e., up to 1960), but it has been extended continuously since then by 10 years each time. Now, under the 104th Amendment Act of 2019, this reservation is to last until 2030. (Hence statement B is correct).
A member of scheduled castes and scheduled tribes is not debarred from contesting a general (non-reserved) seat. (Hence statement C is incorrect)
After every census, a readjustment is to be made in (a) allocation of seats in the Lok Sabha to the states, and (b) division of each state into territorial constituencies. Parliament is empowered to determine the authority and the manner in which it is to be made. Accordingly, the Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972, and 2002 for this purpose. (Hence statement D is incorrect)
5.Consider the following statements about the ‘First Past the Post System’ of election.
- Under this system, the legislature consists of representatives from single-member constituencies.
- Many a times minorities don’t secure due representation under this system.
Which of the above statement(s) is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: C.
Explanation:
The constitution has adopted the system of territorial representation (First-Past-the-Post System) for the election of members to the Lok Sabha. Under this system, every member of the legislature represents a geographical area known as a constituency. From each constituency, only one representative is elected. Hence such a constituency is known as a single-member constituency. (Hence statement 1 is correct).
In this system, a candidate who secures the highest number of votes is declared elected. Thus, this system of representation does not represent the whole electorate. In other words, it does not secure due representation to many a time. (Hence statement 2 is correct).
6.Which of the following are the merits of the system of proportional representation?
- Difficulty for the voters to understand the system.
- Representation in the legislature even to the smallest sections of populations.
- Increased significance of the party system and decreased voter significance.
- Elimination of intimate contacts between voters and representatives.
Answer: B.
Explanation:
The system of proportional representation aims at removing the defects of territorial representation. Under this system, all sections of the people get representation in proportion to their number. Thus the merit of this system is that even the smallest section of the population gets its due share of representation in the legislature. (Hence statement B is correct).
There are two kinds of proportional representation, namely, single transferable vote system and list system.
- In India, the single transferable vote system is adopted for the election of members to the Rajya Sabha, state legislative council, and for electing the President and the Vice-President.
- In the list system, parties propose a list of candidates to the legislature who gets elected to the legislature based on the proportion of the votes received by the party.
However, the proportional representation system has the following demerits.
- Difficulty for the voters to understand the system due to low literacy levels of the country. (Hence statement A is correct).
- Difficult to implement in multiparty parliamentary democracy like India often leading to instability in the government.
- It is highly expensive.
- It eliminates intimate contacts between voters and representatives. (Hence statement D is correct).
- It promotes minority thinking and group interests.
- It increases the significance of the party system and decreases that of voters. (Hence statement C is correct).
7. Which of the following statements about the Rajya Sabha is correct?
- The term of office of the members is six years as per the constitution.
- A member can be nominated to Rajya Sabha only two times.
- One-third of members retire at the end of every second year.
- The president of India has the power to curtail the term of a member.
Answer: C.
Explanation:
The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years. (Hence statement A is incorrect).
The Representation of the People Act (1951) also empowered the president of India to curtail the term of members chosen in the first Rajya Sabha. (In the first Rajya Sabha it was decided through a lottery that who should retire after 2 years, after 4 years, and who should have a full 6-year term). Currently, the president doesn’t have the power to curtail the term of a Rajya Sabha member. (Hence statement D is incorrect).
The Rajya Sabha is a permanent house and doesn’t get dissolved. However, one-third of its members retire at the end of every second year. (Hence statement C is correct).
The vacancies are filled up by fresh elections and presidential nominations at the beginning of every third year. The retiring members are eligible for re-election and re-nomination any number of times. (Hence statement B is incorrect).
8. Which of the following is not a qualification required for a person to become a member of parliament?
- The person must not be less than 30 years’ age in the case of Rajya Sabha.
- The person contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state.
- The person must not have been convicted for any offense resulting in imprisonment for two or more years.
- The person must not have been punished for preaching and practicing dowry.
Answer: B.
Explanation:
The constitution prescribed the following qualifications for a person to be chosen as a member of parliament:
- Must be a citizen of India
- Must be not less than 30 years of age in case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha (Hence statement A is incorrect)
- Must bear true faith and allegiance to the Constitution of India and uphold the sovereignty and integrity of India
- Other qualifications as prescribed by the parliament.
The Parliament has laid down the following additional disqualifications in the Representation of People Act (1951):
- He must not have been found guilty of certain election offenses or corrupt practices in the elections.
- He must not have been convicted for any offense resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification. (Hence statement C is incorrect)
- He must not have failed to lodge an account of his election expenses within the time.
- He must not have any interest in government contracts, works, or services.
- He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 percent share.
- He must not have been dismissed from government service for corruption or disloyalty to the State.
- He must not have been convicted for promoting enmity between different groups or for the offense of bribery.
- He must not have been punished for preaching and practicing social crimes such as untouchability, dowry, and sati. (Hence statement D is incorrect)
The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed within 2003.
9.Consider the following cases involving a member of parliament. In which of the following case the member not attracts disqualification on the grounds of defection?
- Nominated member joining a political party on the very first day of becoming a member.
- An independent member joining a political party after six months.
- Member of a political party voluntarily giving up the party membership.
- None of the above
Answer: A.
Explanation:
As per the provisions of the Tenth Schedule, a member of parliament attracts disqualification on defection grounds in the following cases:
- If they voluntary gives up the membership of the political party on whose ticket they got elected to the House; (Hence case C is defection)
- If they vote or abstains from voting in the House contrary to any direction given by their political party;
- If any independently elected member joins any political party; (Hence case B is defection)
- If any nominated member joins any political party after the expiry of six months. (Hence case A is not defection)
10. What will happen if a disqualified person is elected to the parliament?
- His seat will become vacant automatically
- The president of India declares his election as void
- The election commission declares the seat as vacant
- The constitution has no procedure to declare the election void
Answer: D.
Explanation:
If a disqualified person is elected to the Parliament, the constitution has no procedure to declare the election void. (Hence D is the correct answer)
This situation is dealt with by the Representation of the People Act (1951), which enables the high court of the particular jurisdiction to declare an election void if a disqualified candidate is elected. The aggrieved member can appeal to the Supreme Court against the order of the high court.