Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 15 Organs of Government: Legislature Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 15 Organs of Government: Legislature
Long Answer Type Questions
Question 1.
What is the Legislature? Discuss its main functions.
Or
Describe the functions of the Legislature in a modern democratic state?
Or
Discuss the functions of Legislature.
Answer:
The Government has three organs-the legislature, the executive and the judiciary. The legislature is more important than the executive and the judiciary. The legislature is a very important branch of Government because it is through the legislature that will of the people is expressed.
It is a forum for the discussion of various matters affecting the life of the people and, therefore, if it is to be truly representative of the will of the people, it must consist of a large number of persons representing all classes, sections and interests. Since modern democracies are representative, the legislature must be so composed that it reflects the will of the people correctly and represents fully the views of citizens, who are the ultimate masters in a democracy.
Legislature is that organ of the State which enjoys the power of making and amending laws. In the modern age of democracy the legislature is manned by the elected representatives of the people and these representatives always act in accordance with the wishes of the people. In fact the people govern over themselves through their representatives. This organ is considered the most important organ of the Government.
The main reason for this is that it is manned by the representatives of the people. The legislature frames laws and all the functions of the Government are framed with the help of laws. This organ of the Government formulates and expresses the will of the State. The other two- organs are meant to enforce the will of the State. This organ is important because it imposes taxes on the people and gives the authority to the executive to collect them. This way in all the States the legislature plays a very important role.
Functions of the Legislature:
Legislatures in modern State do not perform identical functions. Everywhere they pass laws, determine the ways of raising and spending public revenues, and discuss matters of public importance. Almost everywhere they have some power of amending the Constitution. Some Legislature, as in Switzerland and India, have elective functions. The Upper Houses of some states for example England have judicial functions. Some share in executive functions, the consent of the Senate is necessary in the U.S.A. for the appointment of officers and the making of treaties. In the modem democratic State, legislature performs the ahead functions:
1. Legislative Functions:
]The legislature makes laws, alters them, amends them and repeals them. It enacts such laws as satisfy the interests and demands of people. Such laws are passed after they are carefully considered by the various members of the House representing various shades of opinion. It has also the right to amend or alter the constitution according to a procedure laid down in it. In the past the laws were framed on the basis of social and religious customs and traditions.
The Kings in the past were guided by these customs and traditions in the governance of the State. The will of the King was to be the law for the people in certain cases but now-a-days it is the legislature which makes laws. Keeping in view the problems which are facing the country, the legislature makes the laws. It makes laws to improve the lot of the people.
2. Control over Finance:
The national finance is controlled by the legislature in all the democratic States. All taxes imposed upon the people or the money spent by the Government must have the sanction of the legislature. In a Parliamentary Government the Government must present the budget to Hie legislature and obtain its sanction for the taxes it proposes to impose and the expenditure it wishes to undertake.
In the past the British King summoned the Parliament only at a time when he felt the need of imposing new taxes. But in the modem age the Parliament passes the annual budget. Now-a-days no Government can impose any tax without the sanction of the legislature. The legislature has the authority to reduce, alter and even abolish the existing taxes. As the legislature controls the strings of the purse, so it controls the administration also because one who holds the purse holds the affairs.
3. Constituent Functions:
Some legislatures, such as the ‘British Parliament, can pass any law they like including those which affect the constitution of the country. They are called sovereign law-making bodies because they enjoy unlimited powers in the sphere of law-making. Others like American Congress have limited powers.
They cannot by themselves amend the Constitution. In almost all the countries the legislatures to some extent enjoy the power of amending the Constitution of ! the State. The administration of the State should be run according to the provisions of the Constitution. The members of the legislature amend the Constitution in accordance with the wishes of the people.
4. Control over the Executive:
In a democracy the legislature is considered the most important organ of Government, because it is given the powers to exercise control over the executive. In a Parliamentary Government the members of the executive are responsible to the legislature for all their functions and policies. The members of the legislature ask questions to the ministers regarding the working of administration and they must answer these questions.
The legislature can seek the removal of Cabinet by passing a vote of non-confidence against them. This way the ministry always functions in accordance with the wishes of the legislature. In a Presidential Government also the legislature exercises some degree of control over executive. While passing the budget the legislature can impose restrictions on the functioning of the Government. The approval of the Senate is essential for all the appointments which the President of U.S.A. makes. This way in all the forms of Government the executive cannot be given a free hand or to do whatever it likes. It is to function within certain limitations.
5. Judicial Functions:
In almost all the States the legislature enjoys certain judicial functions. The British House of Lords is the final court of appeal in the country. In India the Parliament can make an appeal to the President or the Vice-President through a resolution passed by the legislature. The legislature can pass a resolution to seek the removal of the judges. In Canada the divorce cases are heard by the legislature. In Switzerland the Parliament enjoys the right of pardoning criminals.
6. Electoral Functions:
The legislatures are to perform many electoral functions in most of the States. In India both the legislatures of the States and the Centre jointly elect the President of India. The Vice-President of India is elected by both the Houses of the Legislature (Union Parliament). In Switzerland the members of the Federal Council and the members of the Federal Tribunal are elected by the legislature. In U.S.A. also under certain special circumstances the President and the Vice-President are elected by the Congress. In India, the State legislatures elect the members of the Upper House of the Union Parliament.
7. Legislature redress the grievances of the People:
Legislature also redress the grievances of the people. People have many complaints against the administration and it is the duty of the members of the legislature to bring complaints of the people before the legislature, so that legislature can redress the grievances of the people.
8. Miscellaneous Functions:
Legislature performs many miscellaneous functions. In the democratic countries war is declared with the approval of the legislature. In India declaration of the Emergency by the President is approved by the Parliament within two months.
Conclusion:
We can say that the function of the legislature is not only to frame laws but it performs various other functions also. The legislature is to assist other organs also according to the need of the time.
Question 2.
What is a Bi-cameral Legislature? Give its merits and demerits.
Or
Explain the merits and demerits of the Bi-cameral System.
Or
Examine critically the advantages and disadvantages of the Bi-cameral system.
Answer:
In ancient times legislatures did not play any important role because the kings enjoyed absolute powers and their commands were laws for the people. But in the modern democratic age the legislature represents the people and so it plays a significant role in the State. The legislature consists of the elected representatives of the people and it frames laws in accordance with the wishes of the people.
Organization:
The organization of the legislature can be of two types. A legislature can consist of one house as well as of two houses. A legislature having one house is called Unicameral legislature and a legislature having two houses is called Bicameral legislature. Where there is only one chamber, it consists of the representatives of the people and is called the popular house. Where there are two house of the legislature, the popular house is called the Lower House and the other chamber is called the Upper House.
The members of the Lower House are elected by the people in each country but the methods of electing the members of the second house are different in different countries. In England most of the members of the second house are hereditary. In Canada the members of the second house are nominated for life. In India the members of the Rajya Sabha are elected by the 1 State legislatures. Some members of Rajya Sabha are also nominated by the President of India. In America the members of the Senate are elected directly by the people.
Controversy over Bicameralism:
Scholars hold different opinions over the issue . whether a second house should exist or not. Even now-a-days some people hold the view- t point that the existence of a second chamber is useless. But in most of the States there exist two chamber legislatures. The second chamber has its merits as well as demerits and they are explained as follows:
Arguments In Favor of Second House:
The writers who support the existence of a second chamber have put forward the following arguments:—
1. Second chamber checks the despotism of a single chamber:
If the legislative power is centralized in one House, such a House is likely to become despotic. Just as an individual is tempted to act as a despot and some check is necessary, similarly the Upper House maintains a check on the Lower Chamber and keeps up a balance of power.
It serves as a meeting place for the conservative and progressive elements. When the power of making laws is in the hands of one Chamber, it can misuse its authority. But the Second Chamber prevents the Lower Chamber from becoming dictatorial. It prevents such bills which are not in the best interests of the country. According to Lecky, the Second Chamber exercises a “controlling, modifying, retarding and studying influence” upon the laws of the Lower Chamber.
2. It is a revisory chamber:
The law should be framed after a thorough and deep consideration so that it may further the interests of the general masses. If the law is not framed by taking in view the various points concerning it, it may harm some section of the society. The Lower House has enough work to do and the time at its disposal is very short. The majority party in the legislature may pass the laws in haste in order to put its policies and programmes into practice speedily.
It may harm the interests of general public. Sometimes the opposition parties do not get enough time to express their opinions on a particular issue. Sometimes the members of the Lower House are swayed and overpowered by fiery speakers and they pass the bills in haste. The Upper House is essential to serve as a check on hasty, rash and ill-considered legislation passed by the Lower Chamber. The Upper House makes provisions for revision and second thought.
As such it serves a great purpose and adds to the utility and efficiency of the laws. According to Bluntschli, “It is clear that four eyes see better than two especially when a subject may be considered from different stand points.”
3. Second House relieves the Lower House of a Part of its Work:
The Upper House is essential because it reduces the work of the Lower Chamber. It can attend to more important functions very carefully. There are so many bills which are of non-controversial nature and they need not to be discussed and debated thoroughly. The modern State is a welfare State and hence the legislature is always over-burdened with work and it cannot cope with the rush of work. A single chamber legislature cannot do legislative business speedily and efficiently. If one chamber is overburdened with work it cannot discuss the bill in detail.
4. Existence of a Second Chamber is more Democratic:
The existence of a Second Chamber is very much in accordance with the democratic principles. The consideration of a bill by the second Chamber affords sufficient time to the people to think over the bill and express their real public opinion. The bill framed this way will command more obedience because it is based upon the public opinion, which is essential in democracy. Some writers are of the opinion that if the Upper Chamber agrees with the Lower Chamber, it is superfluous and if it disagrees with it, it is mischievous. But this argument does not hold ground.
With the existence of Second Chamber the legislature can in a better way take into consideration public opinion. If the Second Chamber agrees With the Lower Chamber over a particular law, then decidedly it would be a good law and if it disagrees then there is a scope for giving a second thought to it. In the words of Dr. Finer, “If the two assemblies agree so much the better for our belief in the wisdom and justice of the law, if they disagree it is time for the people to reconsider their attitude.”
5. Second Chamber represents the Units in a Federation:
Some writers are of the opinion that the existence of a Second Chamber is essential in a federation. A federation is a union of semi-independent States. If there is a bicameral legislature, the Lower House may represent the people as a whole and the Upper House may represent the units of a federation. Without giving representation to the unit it is not possible to satisfy them.
The Lower Chamber in a federation is supposed to represent the national interests whereas the Upper Chamber gives representation to the local and specific interests of the units. In U.S.A. each State sends two representatives to the Senate and in Switzerland also each Canton sends two representatives to the Upper House of the Federal legislature.
6. It provides for Representation of Minorities and Special Interests:
The Upper Chamber can be used for giving representation to special interests and minorities which cannot get adequate representation in the Lower Chamber. The bi-cameral legislature gives due protection to some important minorities and interests which do not get representation through election. Sometimes very suitable candidates are not elected in the election. In the absence of such seasoned parliamentarians and scholars the nation is a loser. Their views can be very useful over the problems under discussion in the legislature.
These much needed persons, can find a ready place in the Second Chamber. The House of Lords in Britain has in it besides others, the big business magnates, directors of big companies and big landlords. The President of India has the power to nominate twelve persons to the Second chamber who have distinguished themselves in the field of art, literature, science and social service. The scholars, artists and scientists may not like to contest elections and hence by becoming the member of the Second Chamber they can be useful to the nation.
7. Debates of high quality in the Second Chamber:
Another merit of the Second Chamber is that debates in it are of a very high quality. It has been observed that the quality and standard of speeches in the Second chamber is comparatively better than that of the Lower Chamber. The main reason for this is that the members of the Lower Chamber are always overburdened with work. They are to make speeches in accordance with the wishes of the voters. No member can go against the directives and instructions of his political party.
Therefore, the members of the Lower chamber cannot freely express their view-point. On the other hand, the Upper Chamber is composed of experienced politicians and statesmen. The House of Lords in Britain is manned by retired Governors, Governor-Generals, administrators and diplomats of high repute. Besides this representatives of wealthier classes also sit in this chamber. Whatever these members say is always based on their rich experience.
They participate in the proceedings of the House after full preparation. In England and America there is complete freedom of speech in the Second Chamber. The members of the Lower House are very rarely fully well prepared. Moreover, in the Lower Chamber the members cannot go on speaking as long as they wish.
8. Second Chamber is more Stable:
Almost in all the countries the Upper Chamber is a permanent chamber which cannot be dissolved. Most of the members of the House of Lords are hereditary peers. In Canada the members of the Upper House are nominated for life. In India 1/3 members of the Rajya Sabha retire after every two years and this way each member remains in office for a period of six years.
In America also a member of the Senate remains in office for a period of six years. This way the members of the Upper Chamber are never worried about their re¬election. The members of the Lower Chamber are always worried about their re¬election. In this Chamber there is the possibility of the continuity of policy.
9. Historical Support:
The history of the world supports the existence of a Second Chamber. Almost all the legislatures are bicameral. In India, England, Canada, Switzerland, Japan, Russia, America, France and Australia Second Chambers have been established. Leacock says, “Unicameral system has been tried and found wanting.” Marriott says, “Experience has been in favour of two chambers, and it is not wise to disregard the lessons of history.” Whatever may be the system of government in any State, but the system of bi-cameral legislature has always been adopted.
Arguments Against Second Chamber:
Many scholars are of the view that a Second Chamber is not Tit all essential. They think that a Second Chamber does not serve any purpose. They put forward the following arguments:
1. Public opinion can be one and not two:
In a democracy the legislature always functions in accordance with public opinion. People always have one opinion about an issue or a problem. There cannot be two opinions about a problem at the same time. The people either support an issue or oppose it. A single chamber can well express the public opinion and this can be efficiently done by the Lower Chamber because it is the representative chamber of the masses.
Now-a-days sovereignty resides in the people and the people make use of their sovereign power through the legislature. As sovereignty cannot be divided similarly it is not proper to divide the institution which makes use of sovereign power. According to Abbe Sieyes, “The law is the will of the people, the people cannot at the same time have two different wills on the same subject, therefore, the legislative body which represents ought to be essential one.”
2. Second chamber is either mischievous or superfluous:
If the Second Chamber agrees with the Lower Chamber it is useless and if it disagrees with the Lower Chamber it is mischievous. The lower chamber represents public opinion and not the Second Chamber. French writer Abbey Sieyes says, “If the Second Chamber disagrees with the first it is mischievous, if it agrees it is superfluous.” The Second Chamber in Britain supports this view-point.
The Conservative Party has always been in majority in the House of Lords and it has been observed that the Conservative Party in the House of Lords always supported the measures of Conservative Party in the House of Commons. But when the Labour Party or the Liberal Party gained majority in the House of Commons, the Lords always rejected their progressive measures. It becomes quite clear from these things that a Second Chamber is useless.
3. Possibility of deadlocks
Another defect of the Upper Chamber is that it gives rise to deadlocks. Deadlocks are bound to occur between the two chambers especially in States like Russia and Switzerland where both the chambers possess co-equal powers. Such deadlocks greatly hinder the progress of the legislature which is made for the welfare of the whole society. Sometimes very essential laws are not passed due to deadlock. Benjamin Franklin has compared Bicameral legislature with a cart with a horse hitched to each end and both pulling.in opposite directions.
4. Difficulty in organisation of Second chamber:
There is no ideal method of composing a Second Chamber. The House of Lords in Britain is based on the hereditary system and this Chamber represents no one except the few who just by accident are bom in the families of peers. The Canadian Senate is composed of nominated persons. In U.S.A., each State elects two members to the Senate. The Rajya Sabha of India is composed of members who are elected from all the States on population basis by means of a single transferable vote by the method of proportional representation. Thus no single method has been adopted for composing a Second Chamber.
5. No hill is passed in a hurry:
Second Chamber is not even essential for checking hasty legislation. This provision of hasty legislation can be best provided by making a provision in the Constitution that bills before they are finally passed must be thoroughly thrashed in the committees or might be referred to the interest or classes affected.
Whether a country has a uni-cameral system of legislature, or a bi-cameral system of legislature, a bill is thoroughly well discussed in the Chamber where it is introduced. It is to pass through so many stages before it becomes a law. There are three readings of the bill in England and India.
The bill is referred to a committee which scrutinizes it clause by clause and item by item arid expresses its matured opinion about the bill. The bill does not become law after it is passed by the legislature. In some States the head of the State enjoys the power of rejecting the bill if he finds something wrong with it. The head of the State can ask the legislature to reconsider the bill. Under these circumstances there is very little or no need of a Second Chamber.
6. Second chamber is not essential in a federation:
Even in a federation there is a very little or even no need of a Second Chamber. It is the experience of today that members of the Second Chamber vote often on party lines rather than on behalf of the component States which have sent them in the Chamber. They care more for their own party than their States. The Supreme Court can protect the interests of the States better than the Upper Chamber. The members of the Second Chamber now-a-days are guided and’controlled by political parties which also control the Lower House.
7. Second chamber increases the State expenses:
The existence of a Second Chamber results in the increase of State’s expenses. It is an unnecessary charge or burden on the State’s finances and so it should be dispensed with. The Second House in a legislature is a luxury. The payment of salaries to the members of the Second House is a mere wastage of money in the modem days of economy. All this money spent on the Second Chamber can be utilized for national reconstruction. Thus Bicameralism is an unnecessary expense and heavy tax on the masses.
8. It is difficult to define the powers of the second chamber:
It is not an easy job to define the powers of the Lower Chamber. If the Second Chamber is given less powers as compared to the Lower Chamber, then it will only be the Chamber representing minorities and hence it will have no importance. If the two Chambers are given equal powers, then it will lead to disputes and deadlocks. The powers allotted to Second Chamber vary from country to country.
9. Second chamber cannot stop the despotism of the Lower House:
It is wrong to say that the Second Chamber is a check on the despotism of the Lower Chamber. In the modem age of democracy the real authority resides in the hands of the representatives of the people and these representatives occupy their seats in the Lower Chamber. In most of the countries the Lower Chambers enjoy more powers as compared to the Upper Chambers. In India, and Canada etc. the Second Chamber can never become a hinderance in the way of Lower Chamber.
The finances of the state are also controlled by the Lower Chamber. In countries where Parliamentary system of government prevails, the Lower Chamber also controls the executive. The Lower Chamber can seek the removal of the executive whenever it so desires. This way the Lower Chamber is more important than the Upper Chamber. The Lower Chamber can afford to be despotic.
Conclusion:
In the end we can say that the merits of the bicameral legislature are far greater than its demerits. A Second Chamber is useful for the reasons that have been discussed above. It facilitates the burden of the Lower Chamber. The creation of a Second Chamber is though somewhat expensive, yet it has checked the hasty, rash and ill- considered legislation of the Lower Chamber. It is due to this fact that modem tendency is in favour of having a bicameral legislature. Sir Henry Maine says, “Almost any Second Chamber is better than none, on the ground that a well constituted Second Chamber provides not a rival infallibility but an additional security.”
Question 3.
Give arguments in favor of Unicameral legislature.
Answer:
Unicameral legislature exists in China and in many states of India. Many scholars are of the opinion that Unicameral legislature is better than the Bicameral legislature. Following arguments are given in favor of Unicameral legislature:
- Unicameral legislature glorifies unity of the state.
- People always have one opinion about an issue or a problem. A single chamber can well express the public opinion and this can be efficiently done by the Lower House because it is the representative of the people.
- The legislature should be unicameral because a law is the expression of the will of the people and people do not have two wills at the same time.
- Unicameral legislature is the true mirror of the national mind. Members are directly elected by the people,
- Unicameral legislature saves the expenditure. The payment of salaries to the members of the Second House is a mere wastage of money in the modem days of economy.
- Minorities and special interests can be given representation in the Lower House. In India the President can nominate two Anglo-Indians to the Lok Sabha if he feels that they have not got adequate representation.
- Unicameral legislature is better than bi-cameral because it is easy to fix the responsibility.
- Unicameral legislature is better than bi-cameral because bi-cameral system leads to rivalry, deadlocks and delay.
- In a Unicameral system progressive laws are passed because members elected by the people are generally progressive and liberal, whereas members of the second chamber are generally Conservative.
- In a Unicameral system laws are passed without any delay. If there are two Houses, Second Chamber unnecessarily delays the bills.
- Unicameral legislature is better because it saves from the unnecessary headache of evolving a satisfactory method of election to the Second Chamber.
Short Answer Type Questions
Question 1.
What are the different organs of the government and what are their functions? .
Answer:
There are three organs of the Governments-1. Legislature, 2. Executive, 3. Judiciary. The main function of the Legislature is the formation of laws. Executive runs the government according to these laws. It enforces the law. The main function of judiciary is to settle disputes of the people according to the laws made by legislature. Disputes arising among the people and those arising between the people and the government are all settled by judiciary. It also gives protection to the fundamental rights of the people and the constitution of the country.
Question 2.
What do you understand by Separation of Powers?
Answer:
The theory of the separation of powers means that legislative, executive and judicial powers of government should be distributed among different organs of government and each organ should exercise them separately and independently. The powers of each organs should be limited to its own sphere.
Within its own sphere each organ should be supreme and independent and no organ has any claim or right to encroach upon the work and functions of the other. The legislature should make the laws, the judge should interpret them and the executive enforce them. The theory of separation of powers is famous in the name of French Scholar Montesquieu.
Question 3.
What do you mean by legislature?
Answer:
By legislature we mean that organ of government which makes laws, alters, them, amends them and repeals them. It is, infact, a very important organ of government. It is through this organ that the will of the people is expressed. It is a forum for the discussion of various matters affecting the life of the people. The representatives of the people belonging to all classes, sections and interests constitute the legislature. In a democracy the legislature is the most effective organ while it loses its significance under dictatorship.
Question 4.
What are the different types of legislature? Illustrate your answer with suitable examples.
Answer:
In all democratic countries of the world legislature exist to make laws. There can be two types of legislature-Bicameral and Unicameral. When the legislature consists of two Chambers (Houses), it is known as Bicameral legislature. When there is only one House of the legislature, then it is known as Unicameral legislature.
In almost all the big countries like U.S.A.- India, France, Switzerland, Canada, U.K. etc. there is bicameral system of legislature. The British Parliament consists of House of Lords and House of Commons whereas Indian Parliament consists of Lok Sabha and Rajya Sabha. But there are some countries like China, Nepal, Portugal, Turkey, Bulgaria etc., where there is a single House of the legislature.
Question 5.
Upper House is permanent in the Bi-cameral Legislature. How?
Answer:
In India, England, U.S.A. etc. Upper House is permanent. The House of Lords in Britain is heredatary. The members of Canada are nominated for whole life. In India one- third members of the Upper House (Rajya Sabha) retire after every two years and in palce of them new members are elected. Rajya Sabha is a permanent House whereas Lok Sabha’s tenure is 5 years and it can be dissolved earlier by the President on the advice of the Prime Minister. In U.S.A. One-third of the members of Senate (Upper Chamber) retire after every two years whereas the life of the Lower House in U.S.A. is only two years.
Question 6.
Discuss any four merits of Bi-cameral Legislative system.
Answer:
1. It prevents hasty and ill considered Legislation: The Upper chamber is essential to serve as a check on hasty, rash and ill-considered legislation passed by the Lower chamber.
2. It checks despotism of the Lower House:
The Second Chamber prevent the Lower chamber from becoming dictatorial. It prevents such bills which are not in the best interests of the country.
3. Division of Work: The second chamber of legislature is essential because it reduces the work of the Lower chamber.
4. More Stable:
Lower House of the Legislature can be dissolved before its expiry term but Upper chamber is a permanent House and it can’t be dissolved.
Question 7.
Give four arguments in favour of unicameral Legislature.
Answer:
Following, arguments are given in, favour of Unicameral legislature:
1. Unicameral legislature glorifies unity of the state.
2. People always have one opinion about an issue or a problem. A single chamber can well express the public opinion and this can be efficiently done by the Lower House because it is the representative of the people.
3. The legislature should be unicameral because a law is the expression of the will of the people and people do not have two wills at the same time.
4. Unicameral legislature is the true mirror of the national mind. Members are directly elected by the people.
Question 8.
Explain the main functions of the Legislature.
Answer:
In a modern democratic state legislature performs many functions which are as follow:
1. Law Making:
The most important function of the legislature is to enact laws. It makes laws, alters them, amends them and repeals them. The legislature enacts those which satisfy the interest and demands of people. It makes laws to improve the lot of the people.
2. Control Over Finance:
The national finance is controlled by the legislature in all the democratic states. All taxes imposed upon the people, or the money spent by the government must have the sanction of the legislature. The legislature has the authority to reduce, latter and even abolish the existing taxes. Budget is passed by the legislature.
3. Amendment in the Constitution:
In a democratic state constitution is amended by the legislature. In England Parliament has a power to amend constitution by simple majority.
4. Judicial Functions:
In almost all the states the legislature enjoys certain judicial functions. The British House of Lords is the final court of appeal in the country. In India the Parliament can make an appeal to the President or the Vice-president through a resolution passed by the legislature.
Question 9.
Write a short note on Delegated legislation.
Answer:
Delegated legislation are those rules which are enacted by the administrative agencies under the law of legislature. These rules have the same validity as the laws. Delegated legislation means the exercise of minor legislative power by subordinate authority and bodies in pursuance of statutory authority given by the parliament itself. Delegated legislation has resulted in increasing the powers of the executive at the cost of legislature.
Question 10.
Write short note on Referendum.
Answer:
The method of referendum gives the final authority to the people to accept or reject the law passed by the legislature. If the legislature passes a law which is not in accordance with the wishes of the people can stop the execution of such a law. The system prevailing in Switzerland is that the opinion of the people is sought before the execution of laws. Referendum is of two types in Switzerland-
(1) Compulsory Referendum and
(2) Optional Referendum.
Important laws are referred to the people before they are executed and people cast their votes in favour of or against the law. If the majority of the cantons and the majority of the voters favour the law, it is enforced, otherwise rejected. In the case of optional referendum it entirely depends upon the will of the legislature whether to refer it to the voters or not. This practice is followed in the case of ordinary laws. If 50,000 voters demand that the law should be referred to the voters of their opinion then it is to be referred to them for their verdict. Such a law can be enforced only if the majority favors it.
Question 11.
Write short note on Initiative.
Answer:
This device gives the power of the voters to get the law passed in accordance with their wishes. If a specified number of voters demands the making of a particular law, the legislature cannot reject it of its own. If the legislature makes a law according to the demand of the people, it is good, and if the legislature does not agree to the veiw-point of the voters, then view-point of the entire electorate is sought.
If the majority of the voters favours the law, then it is to be passed by the legislature. In Switzerland 1,00,000 voters have the right to demand the making of law. They can demand the complete or partial amendment of the constitution. If the legislature does not accept their demand then the matter is referred to the entire populace. If the majority of the voters favour the issue, the legislature is bound to make that law and make amendment in the Constitution.
Very Short Answer Type Questions
Question 1.
What are the different organs of the government and what are their functions?
Answer:
There are three organs of the Governments—1. Legislature, 2. Executive, 3. Judiciary. The main function of the Legislature is the formation of laws. Executive runs the government according to these laws. It enforces the law. The main function of judiciary is to settle disputes of the people according to the laws made by legislature.
Question 2.
What do you mean by legislature?
Answer:
By legislature we mean that organ of government which makes laws, alters, them, amends them and repeals them. It is, infact, a very important organ of government. It is through this organ that the will of the people is expressed. It is a forum for the discussion of various matters affecting the life of the people.
Question 3.
What are the different types of legislature? Illustrate your answer with suitable examples.
Answer:
Inwall democratic countries of the world legislature exist to make laws. There can be two types of legislature—Bicameral and Unicameral. When the legislature consists of two Chambers (Houses), it is known as Bicameral legislature. When there is only one House of the legislature, then it is known as Unicameral legislature.
Question 4.
Give two arguments in favour of unicameral Legislature.
Answer:
Following arguments are given in favour of Unicameral legislature:
1. Unicameral legislature glorifies unity of the state.
2. People always have one opinion about an issue or a problem. A single chamber can well express the public opinion and this can be efficiently done by the Lower House because it is the representative of the people.
Question 5.
Explain the main functions of the Legislature.
Answer:
In a modem democratic state legislature performs many functions which are as ahead:
1. Law Making:
The most important function of the legislature is to enact laws. It makes laws, alters them, amends them and repeals them. The legislature enacts those which satisfy the interest and demands of people. It makes laws to improve the lot of the people.
2. Control Over Finance: The national finance is controlled by the legislature in all the democratic states.
One Word to One Sentence Answer Type Questions
Question 1.
Name the three organs of government.
Answer:
- Legislature
- Executive
- Judiciary.
Question 2.
What is the Bi-Cameral Legislature?
Answer:
Legislature, consists of two chambers, it is known as Bi-Cameral Legislature
Fill in the blanks
1. The ………………. makes law, alters them, amends them and repeats them.
Answer:
Legislature
2. In India, U.S.A. and U.K., exist ………………. legislature.
Answer:
Bi-Cameral
True or False statement
1. In India there is a Uni-Cameral legislature.
Answer:
False
2. In case of real executive, the executive powers are controlled by legislature.
Answer:
False
Choose The Correct Answer
Question 1.
Bi-Cameral Legislature is essential in a:
(A) Federation
(B) Unitary System
(C) Monarchy
(D) Aristocracy.
Answer:
(A) Federation
Question 2.
Which of the following is not function of the Legislature?
(A) To enact laws
(B) Control over finance
(C) To amend the constitution
(D) Recruitment in the Army.
Answer:
(D) Recruitment in the Army.