NIOS Political Science (317) Notes| Chapter-14 State Legislature

NIOS Political Science (317) Notes| Chapter-14 State Legislature. Important questions for NIOS Political Science 317 Questions Answers brings you latest queries and solutions with accordance to the most recent pointers SOS . Students will clear all their doubts with regard to every chapter by active these necessary chapter queries and elaborate explanations that area unit provided by our specialists so as to assist you higher. These queries can facilitate students prepare well for the exams thanks to time constraint . NIOS Political Science (317) Notes| Chapter-14 State Legislature

HS 2nd years Solutions (English Medium)

NIOS Political Science (317) Notes| Chapter-14 State Legislature

 Intext Questions & Answers

 Q. 1. Fill in the blanks:

 1. The Union of Indiconsist,of ____________ States. (18, 25, 28)

 Ans.: 28 States 

2. The minimum age for being a member of Vidhan Sabha,is____________ years. (21, 25, 30) 

 Ans.: 25 years 

3. The Governor of a State may nominate one member of in Vidhan Sabha belonging to ____________(Scheduled Caste, Scheduled Tribe, Anglo-Indian Community)

 Ans.: Anglo-Indian Community

 4. The Tenure of Vidhan Sabha is____________ years. (4, 5, 6)

 Ans. : 5 year

 5. In case of tie in the House casting vote is exercised,by the____________ (Governor of the State, Chief Minister, by the Presiding Officer of the Legislature) 

Ans.: Presiding Officer of the Legislature 

Q. 2. Fill in the blanks: 

1. The minimum age for membership of Vidhan Parishad,is ____________years. (25, 30, 35) 

Ans.: 30 years

 2. The Tenure of members of Vidhan Parishad is____________ years. (4, 5, 6) 

Ans. : 6 years

 3. One-third members of the Vidhan Parishad retire after every ____________years. (2, 4, 6) 

Ans. : 2 years

 4. The ____________is empowered to create or abolish the Vidhan Parishad. (President, Governor, Parliament) 

Ans.: Parliament 

5. The State of ____________has bi-cameral Legislature. (Punjab, Haryana, Uttar Pradesh) 

Ans.: Uttar Pradesh

 Q.3. Fill in the blanks:

 1. State Legislature cannot make laws on the subjects,listed ithe____________List (Union, State, Concurrent).

  Ans.: Union

 2. Money bill is introduced in the State Legislature on the recommendation of the ____________ (President, Governor, Chief Minister) . 

Ans.: Governor

 3. The Vidhan Parishad has to return the money bill within ____________ days. (14, 30, 90)

Ans;:14,days

 4. The Council of Ministers remains in office so long as it enjoys the confidence of the____________ (Governor, Vidhan Sabha, Vidhan Parishad).

 Ans.: Vidhan Sabha 

Q. 4. Answer the following questions:

 1. Who certifies a bill to be a money bill in the State?

 Ans.: Speaker of the State Assembly 

2. Who has the power to issue an Ordinance in the State?

 Ans.: State Governor 

SL. No.Chapters Link
1Meaning and Scope of Political ScienceClick Here
2Nation and StateClick Here
3Distinction Between Society, Nation, State and GovernmentClick Here
4Major Political TheoriesClick Here
5Preamble and The Salient Features of The Constitution of IndiaClick Here
6Fundamental RightsClick Here
7Directive Principles of State Policy and Fundamental DutiesClick Here
8Indian Federal SystemClick Here
9Emergency ProvisionsClick Here
10Union ExecutiveClick Here
11Parliament of IndiaClick Here
12Supreme Court of IndiaClick Here
13Executive in the StatesClick Here
14State LegislatureClick Here
15High Courts and Subordinate CourtsClick Here
16Local Government: Urban and RuralClick Here
17Universal adult franchise and the methods of representationClick Here
18Electoral System in IndiaClick Here
19National Political PartiesClick Here
20Regionalism and Regional PartiesClick Here
21Public Opinion and Pressure GroupsClick Here
22Communalism, Caste and ReservationsClick Here
23Environmental AwarenessClick Here
24Good GovernanceClick Here
25Human RightsClick Here
26India’s Foreign PolicyClick Here
27India’s Relations with USA and RussiaClick Here
28India and its Neighbors : China, Pakistan And Sri LankaClick Here
29Contemporary World OrderClick Here
30The United NationsClick Here
31United Nations’ Peace ActivitiesClick Here
32United Nations and Economic and Social DevelopmentClick Here
33Public Service CommissionsClick Here
34Administrative Machinery at the Centre, States and District LevelsClick Here
35Political Executive and BureaucracyClick Here
36Public Grievances and Redressal MachineryClick Here

3. In whose election do the members of State Assembly vote?

 Ans. The President, members of Rajya Sabha and 1/3) members of Legislative Council. 

Terminal Exercises

 1. Describe the composition of Vidhan Sabha (Legislative Assembly)

 Ans. : There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of the State. The members of Vidhan Sabha are directly elected by people on the basis of universal adult franchise. They are directly elected by all adult citizens registered as voters in the State. All men and women who are 18 years of age and above are eligible to be included in the voters’ List. They vote to elect members of the State Assembly. Members are elected from territorial constituencies. Every State is divided into as many (single member) constituencies as the number of members to be elected. As in case of Lok Sabha, a certain number of seats are reserved for Scheduled Castes, and in some States for Scheduled Tribes also. This depends on the population of these weaker sections in the State. 

2. Describe the powers and functions of the State Legislature.

 Ans.: 

(i) Law Making Function

 The primary function of the State Legislature, like the Union Parliament, is law-making. The State Legislature is empowered to make laws on State List and Concurrent List. The Parliament and the Legislative Assemblies have the right to make the laws on the subjects mentioned in the Concurrent List. But in case of contradiction between the Union and State law on the subject the law made by the Parliament shall prevail. Bills are of two types-Ordinary bills and Money bills. Ordinary bills can be introduced in either of the Houses (if the State Legislature is bicameral), but Money bill is first introduced in the Vidhan Sabha. After the bill is passed by both Houses, it is sent to the Governor for his assent. The Governor can send back the  bill for reconsideration: When this bill is passed again by the Legislature, the Governor has to give his assent. You have read when the Parliament is not in session and if there is a necessity of certain law, the President issues Ordinance. Similarly, the Governor can issue an Ordinance on the State subjects when the legislature is not in session. The Ordinances have the force of law. The Ordinances issued are laid before the State Legislature when it reassembles. It ceases to be in operation after the expirty of six weeks, unless rejected by the Legislature earlier. The Legislature passes a regular bill, to become a law, to replace the ordinance. This is usually done within six weeks after reassembly of the Legislature. 

(ii) Financial Powers

 The State Legislature keeps control over the finances of the State. A money bill is introduced first only in the Vidhan Sabha. The money bill includes authorisation of the expenditure to be incurred by the government, imposition or abolition of taxes, borrowing, etc. The bill is introduced by a Minister on the recommendations of the Governor. The money bill cannot be introduced by a private member. The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill. After a money bill is passed by the Vidhan Sabha, it is sent to the Vidhan Parishad. It has to return this bill within 14 days with, or without, its recommendations. The Vidhan Sabha may either accept or reject its recommendations. The bill is deemed to have been passed by both Houses. After this stage, the bill is sent to the Governor for his assent. The Governor cannot withhold his assent, as money bills are introduced with his prior approval.

 (iii) Control over the Executive

 Like the Union Legislature, the State Legislature keeps control over the executive. The Council of Ministers is responsible to Vidhan Sabha collectively and remains in the office so long as it enjoys the confidence of the Vidhan Sabha. The Council is removed if the Vidhan Sabha adopts a vote of no-confidence, or when it rejects a government bill. In addition to the no-confidence motion, the Legislature keeps checks on the government by asking questions and supplementary questions, moving adjournment motions and calling attention notices.

 (iv) Electoral Functions

 The elected members of the Vidhan Sabha are members of the Electoral College for the election of the President of India. Thus they have say in the election of the President of the Republic (see Lesson No. 10) The members of the Vidhan Sabha also elect members of the Rajya Sabha from their respective States. One-third members of the Vidhan Parishad (if it is in existence in the State) are also elected by the members of the Vidhan Sabha. In all these elections, members of the Vidhan Sabha (Assembly) cast their votes in accordance with the single transferable vote system.

 (v) Constitutional Functions

 You have learnt about the procedure of amendment of the Constitution. An Amendment requires a special majority of each House of the Parliament and ratification by not less than half of the States relating to Federal subjects. The resolution for the ratification is passed by State Legislatures with simple majority. However, a constitutional amendment cannot be initiated in the State Legislature. 

3. Mention the limitations of the powers of the State Legislature.

 Ans.: The powers of law-making by the Legislature are limited in the following manner: As explained above, State Legislature can make a law on the subjects listed in the State List and also the Concurrent List. But in case, the State law on a subject in the Concurrent list is in conflict with the Union law, the law made by the Parliament shall prevail. 

The Governor of the State may reserve his assent to a bill passed by the State Legislature and send it for the consideration of the President. It is compulsory in case the powers of the High Court are being curtailed. In some other cases, prior approval of the President for introducing the bill in the Legislature is essential such as, for imposition of restriction on the freedom of trade and commerce within the State or with other States. The Parliament has the complete control on the entire State List at the time when the national emergency has been declared (under Art. 352), although the State Legislature remains in existence and continues to perform its functions. In case of breakdown of constitutional machinery (under Art. 356) after the fall of popular Government in the State, the President’s rule is imposed. The Parliament then acquires the power to make laws for that State, for the period of constitutional emergency. 

The Parliament can also make laws on a subject of the State list in order to carry on its international responsibility. If the Rajya Sabha adopts a resolution by two-thirds majority to this effect, on its own or at the request of two or more States, the Parliament can enact laws on a specified subject of the State list.

 Fundamental rights also impose limitations on the powers of the State Legislature. It cannot make laws which violate the rights of the people. Any law passed by the State Legislature can be declared void by the High Court or Supreme Court if it is found unconstitutional as a violation of fundamental rights.

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