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The Police And The Courts

9th Class Social Science: Working of Institutions

Question: Explain the major powers and functions of the Parliament.

Answer:

  1. Legislative Powers: All the subjects in our constitution are divided among state, union and concurrent lists. In concurrent list Parliamentary law is over riding than state legislative law. Constitution also have powers to make law with respect to state legislature in following circumstances:
    (i). When Rajya Sabha passes a resolution to that effect
    (ii). When national emergency is under operation
    (iii).When two or more states request parliament to do so
    (iv). When necessary to give effect to international agreements, treaties and conventions
    (v). When President’s rule is in operation.
  2. Executive Powers: According to parliamentary form of government executive is responsible to the parliament for its acts and policies. Hence parliament exercises control by various measures like committees, question hour, zero hour etc. ministers are collectively responsible to the Parliament.
  3. Financial Powers: It includes enactment of budget, scrutinizing the performance of government with respect of financial spending through financial committees (post budgetary control)
  4. Constituent Powers- Example: To amend the constitution, to pass any laws required
  5. Judicial Powers- Includes:
    (i). Impeachment of President for violation of constitution
    (ii). Removal of judges of Supreme Court and High court
    (iii). Removal of Vice- President
    (iv). Punish members for breach of privileges like sitting in the house when the member knows he is not an eligible member, serving as member before taking oath etc.
  6. Electoral Powers: It has its participation in the election of President and Vice-President. The members of Lok Sabha elects speaker and deputy speaker from among its members. Similarly members of Rajya Sabha elects deputy chairman.
  7. Other Powers:
    (i). To discuss various issues of national and international importance
    (ii). Imposing emergency
    (iii). Increase or decrease area, change names, alter the boundary of the states
    (iv). Create or abolish state legislature etc any powers can be added from time to time
    Article 245 of the constitution declares that parliament may make laws for the whole or any part of the territory of India and a state legislature can make laws for the whole or any part of the state. Seventh Schedule of the constitution distributes the legislative powers between the centre and the state by putting subjects into Union List, State List and Concurrent List. The centre can make law on any of the subjects in the union list or in the concurrent list. The parliament can override the law of a state on a subject listed in concurrent list. In addition to these powers, the residuary powers are also vested with the parliament.

Question: Of all the institutions that we have studied in this chapter, name the one that exercises the powers on each of the following matters.

1. Decision on allocation of money for developing infrastructure like roads, irrigation etc. and different welfare activities for the citizens

Answer: Cabinet

2. Considers the recommendation of a Committee on a law to regulate the stock exchange

Answer: Parliament

3. Decides on a legal dispute between two state governments

Answer: Supreme Court

4. Implements the decision to provide relief for the victims of an earthquake.

Answer: Permanent Executive

Question: Why is the Prime Minister in India not directly elected by the people? Choose the most appropriate answer and give reasons for your choice.

  1. In a Parliamentary democracy only the leader of the majority party in the Lok Sabha can become the Prime Minister.
  2. Lok Sabha can remove the Prime Minister and the Council of Ministers even before the expiry of their term.
  3. Since the Prime Minister is appointed by the President there is no need for it.
  4. Direct election of the Prime Minister will involve lot of expenditure on election.

Answer:

  1. In a Parliamentary democracy only the leader of the majority party in the Lok Sabha can become the Prime Minister.

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