CBSE Class 8 Civics Chapter 3 Parliament and the Making of Laws
Parliament and the Making of Laws Class 8 Civics – Detailed explanation of the chapter ‘Parliament and the Making of Laws’ along with question answers. Given here is the complete explanation of the lesson, along with all the exercises, Question and Answers given at the back of the lesson.
Class 8 Civics – Chapter 3 Parliament and the Making of Laws
Introduction
As Indians, we all are proud of the fact that our country is a democracy. In this chapter, the students will get to know about some of the functions of the Indian Parliament. It also discusses the idea of Parliamentary Democracy. One will get to understand the relation between ideas of individuals participating in the process of decision making and a democratic government’s need to have the consent of the country’s citizens. These two elements are crucial in making a stable democracy. These are best expressed through the institution of Parliament.
Why Should People Decide?
Our country became independent on August 15, 1947. It was preceded by a struggle over a long period of time in which people from all sections of the society had participated. The people who had joined the freedom struggle were inspired by ideas related to equality, freedom and participation in the process of decision making. These people did not approve of the ways through which the British were ruling our country.
During the British regime, whenever the people of India tried to protest against India, they faced grave danger in the form of severe punishment. After the freedom movement started, the situation started changing on a small scale. The Indian nationalists started criticizing the British government and making demands.
It was in 1885, when the newly formed Indian National Congress placed a demand in front of the British government to allow elected Indian members to discuss the budget and ask related questions. Subsequently, the Government of Indian Act, 1909 was passed where the British Government allowed some elected representation. However, they did not allow the Indian citizens to vote or to participate in the process of decision-making.
As the colonial Government did not allow the people of our country to make decisions, therefore, after taking part in the freedom movements on a large scale, the citizens became aware of the fact that in independent India, they would be able to participate in decision making.
Once the country became independent, the Government tried to remain sensitive to the demands of people. The dreams of a common Indian citizen became true after the Indian Constitution laid down the rules of ‘Universal Adult Franchise’ where each citizen above the age of 18 got the right to vote.
People And their Representatives
A Democratic country’s take-off is the idea of consent. It means that the Government considers the participation, desire and approval of people before taking any decision. What people have decided creates a Democratic Government and how it is going to function for the next five years. The basic idea behind this fact is that a citizen is the most important person. The Government along with different Public Institutions needs to gain the trust of the Indian citizens.
An individual provides his approval to a Government by voting for it in the elections. Once the representatives who have been elected by the people become Members of Parliament (MP), one group of such MPs comes together to form a Government. The Parliament is made up of all the representatives who together do the job of controlling and guiding a Government. Here, people via their chosen MPs control the Government as well.
The Role of Parliament
The Indian Parliament was created after 1947. The institution is an expression of faith which the citizens of India have in the principles of democracy. It is the participation of citizens in the process of decision-making and Government by their consent. Since the Indian Parliament is represented by the common people, therefore, it has immense powers.
The elections to the Parliament are held in the same way as those to the State Legislature. All the citizens of India whose age is more than 18 years are entitled to vote. Currently, our country is divided into 543 constituencies. When the election takes place, candidates from different political parties take part in it from each constituency. Once a candidate wins, he automatically gets entry into the Parliament. Hence, the MPs are the winning candidates who belong to different political parties.
Once a candidate gets elected, he becomes an MPs Together, these MPs constitute the ‘Parliament.’ These MPs need to perform different functions which are as follows:
1. To Select the National Parliament
The President, Lok Sabha and Rajya Sabha form the Indian Parliament. Once the Lok Sabha elections gets over, a list is prepared which shows how many MPs each political party has. If a political party wishes to form the Union Government, it needs to have a majority of MPs in the house.
There are 543 elected members in the Lok Sabha. Out of these, two are nominated members from the Anglo-Indian community.
To form a Government, a political party needs to have at least half of the seats, that is 272 or more members should be from that party. The political party which has the second-largest number of seats in the house plays the role of Opposition Party against the Ruling Party.
Selecting an executive is one of the most important functions of the Lok Sabha. This executive is a group of MPs who work together to implement the Parliament’s laws in different ways. The term ‘Executive’ always comes to mind when we use the word government.
The leader of the ruling party in the Lok Sabha is the Prime Minister (PM). The PM selects Ministers for different departments from the group of MPs from his ruling party. They work under the PM to implement different decisions. These ministers are in charge of different areas such as Finance, Health, Education, etc.
In the recent times, it has been seen that during elections a single party has failed to get more than 50% or 272 seats in the Lok Sabha which is a requirement to form a Union Government. In such a case they join hands with other political parties who offer their support. All these parties have similar concerns. Such a government is known as ‘Coalition Government.’
Another body Rajya Sabha functions as the representation of the Indian States in the Parliament. It has power to initiate legislation. A Bill has to be passed in the Rajya Sabha so that it can become a law. Hence, it plays a great role in altering and reviewing the Laws that the Lok Sabha passes. The legislative assembly of different states elects the members of Rajya Sabha. Rajya Sabha has a total of 233 elected members. Out of these 12 members are nominated by the President. These members are distinguished personalities of different fields such as Art, Literature, etc.
2. To Control, Guide and Inform the Government
When it is in session, the Parliament begins with Question Hour. It is considered as an important mechanism through which the MPs are able to elicit about the working of the Union Government. It is an important way through which the Central Government is controlled by the Parliament. As the MPs ask questions in the Parliament, the government is alerted of its shortcomings that could be present in a particular rule that it is presenting. Asking questions regarding any bill is a crucial task that every MP is entitled to perform. The Opposition has a crucial role in ensuring that Democracy functions in a healthy manner. They highlight different drawbacks that are present in various programs and policies that Union government presents. They also mobilise support for their own policies.
Whenever an MP asks a question, the government gets a healthy feedback through it. It also keeps the ruling government on its toes. Apart from that, the government needs the approval of the Parliament while dealing with matters related to Finance. It is one of the few ways through which Parliament guides, controls and informs the Central Government.
As the representatives of people, the MPs have a key role in guiding, controlling and informing the Parliament. It is a key aspect of the way in which the Indian Democracy functions.
Do Laws Apply to All?
Suppose a top government officials helps his daughter in hiding because the latter has been given a five year sentence for the crime that she has committed which has been proved in the court. From this example, it is clear that the official’s action is against the law. It is clear that he has tried to violate the law.
In Chapter 1, it was explained that while framing different laws, the members of the Constituent Assembly had agreed on this fact that in independent India, there shall be no arbitrary exercise of power. Hence, several provisions were instituted in the Constitution that would establish the law’s rule. The most important among all rules was that all the citizens of India were equal.
Law does not discriminate between different citizens on the basis of their caste, religion or gender. The Rules of law means that no citizen is above the law and all these laws apply equally to every Indian citizen. Whether a person is wealthy, a Government Official or even the country’s President – everyone is equal before the law.
If a person commits a crime or violates the law – it has specific punishment. There also exists a process through which the person’s guilt can be established. However, the question is – has the system always been like this?
In ancient times, there existed innumerable laws. Local laws often overlapped each other. Different communities had different stages of autonomy as they administered these laws among themselves. In some cases, two persons belonging to different castes received different punishments. While the upper caste person received lenient punishment, those belonging to the lower caste received harsher punishments. However, during the colonial period, this process began to change as the laws started evolving.
It has always been stated that the rule of law was introduced in India by the British colonialists. However, the historians have always disputed this fact on several grounds. Two of these are –
i) The Colonial Rule was arbitrary.
ii) Indian Nationalists had an important role in developing British India’s legal sphere.
The Sedition Act of 1870 was such that it continued to exist and was an example of arbitrariness by the Britishers. Any person who criticized or protested against the policy of the British, he could immediately get arrested without any trial.
Soon, the Indian nationalists started opposing and criticizing the Britishers’ arbitrary use of authority. They demanded equality and wanted to change the aim of law from being some rules which were imposed upon the people to being an idea that promoted the aim of imparting justice.
As the 19th century ended, the legal profession in India also began to emerge. They gained respect for Indians in the colonial courts. They started taking the help of law to defend the rights of fellow Indians. Even Indian judges had a greater role in the process of decision making inside the colonial courts. Hence, there existed several ways through which the Indians had started playing a major role in the evolution of the rule of law during the British rule.
Once independent India adopted a constitution, this document served as a foundation on the basis of which the Indian lawmakers and elected representatives started making laws for India. Every year, these representatives pass many new laws. They also make amendments in the currently existing laws.
In class VI, students might have studied about the Hindu Succession Amendment Act, 2005. It states that daughters, sons as well as their mothers have a right to get an equal share in the family property. Apart from that, several new laws have been passed.
How Do New Laws Come About?
When a new law is being drafted, the Parliament has a key role in the process. It takes place in different ways. Mostly it has been observed that different groups of Indian societies raise their voice if a country needs a particular law. While making laws, the lawmakers in the Parliament need to be sensitive to the demands of the people.
For Example, several lawmakers, students and activists came together so that an act to prevent Domestic Violence could be formed. They submitted a Draft to the Parliamentary Standing Committee which in turn submitted its recommendations to the Lok Sabha and Rajya Sabha. Once the Bill was passed in the two houses, it was sent to the President. Finally the Bill for ‘Protection of Women Against Domestic Violence Act’ came into existence in 2005.
Domestic violence refers to any harm, injury or threat caused by the actions of an adult male, usually by a husband against his wife. Injury can also be caused if a man abuses a woman emotionally or beats her physically. According to the Protection of Women from Domestic Violence Act, 2005 the term domestic is extended to all those women ‘who live or have lived under a shared household’ with that male member who causes the violence.
The citizen’s role is crucial when the Parliament is framing different concerns that the Indian Citizens might have regarding the laws. When a law is being processed, at every stage the voice of the citizen is important – whether it’s about establishing a new law or it being passed.
The voice of the people can be heard through TV debates, newspaper editorials and reports, local meetings, radio broadcasts, etc. With the help of these, the Parliament’s work becomes more transparent and accessible to the people.
Unpopular & Controversial Laws
There have been certain situations where after the Parliament passed a law, it became unpopular among the people. At times, even if a law is constitutionally valid and thereby legal, people may find it unacceptable and unpopular. They might feel that the intention behind it is harmful and unfair.
Therefore, a group of people may come ahead to criticize the law, hold meetings regarding it, write against it in newspapers, report to TV channels, etc. In a democratic country like India, people can express their unwillingness to accept a law formed by the Parliament which they think is repressive. If a large number of citizens feel that the lawmaking body has passed a wrong law, there arises a pressure on the Parliament to change it.
For example, according to the Municipal Laws, vending and street hawking is illegal in the space within Municipal limits. Pavements are made so that people can walk on them, especially when there is heavy traffic. However, even hawkers and vendors provide cheap services to millions in a city when they sell things. It is a means of livelihood for them. Therefore, if a law is made which favours one group and ignores the others, the law will be regarded as being controversial. It can even lead to a conflict.
The people who think that such laws are not fair also have an option to approach the court where the issue will be decided. The Court has the power to modify or cancel a law which does not adhere to the Constitution.
As a citizen, our duty is more than that of electing representatives to the Parliament. It begins when we carefully read the newspaper and watch the news to note how the MPs are performing and check if they are working for the welfare of the voters in their respective constituency or not. We need to criticize their actions whenever required.
It is enthusiasm, involvement and extent of the people which helps the Parliamentary Representatives to perform their duties properly.
Question and Answers
Q1. Why do you think our national movement supported the idea that all adults have a right to vote?
Ans. While the national movement was going on, British Rule didn’t allow Indian citizens to either vote or take part in the decision-making process. Once the country became independent, all citizens were convinced that they would get equal opportunities in the process of decision-making.
Every citizen in our country is a part of Indian society. They all need a chance to contribute towards the working of the government. Once the adults get the right to vote, they get a chance to choose their representatives for the next five years.
Q2. In this 2004 map of Parliamentary constituencies alongside, roughly identify the constituencies in your State. What is the name of the MP from your constituency? How many MPs does your state have? Why are certain constituencies colored green while others are blue or pink?
Ans. In Punjab, there are 117 constituencies where MLAs get elected. For Lok Sabha there are 13 seats in Punjab. Currently, Ravneet Singh of INC is the MP of Ludhiana.
Q3. You have read in Chapter 1 that the ‘Parliamentary form of government’ that exists in India has three tiers. This includes the Parliament (central government) and the various State Legislatures (state governments). Fill in the following table with information on the various representatives from your area:
| State government | Central government | |
| Which political party/parties is/are currently in power? | ||
| Who (name) is the current representative from your area? | ||
| Which political parties currently form the Opposition? | ||
| When were elections last held? | ||
| When will the next elections be held? | ||
| How many women representatives are there (from your state)? |
Ans.
| State Government | Central Government | |
| Which political party/parties is/are currently in power? | Congress | BJP |
| Who (name) is the current representative from your area? | Sanjiv Talwar – Panchkula South | Congress |
| When were elections last held? | 2017 | 2019 |
| Which political parties currently form the Opposition? | AAP | Congress |
| When will the next elections be held? | 2022 | 2024 |
| How many women representatives are there (from your state)? | 6 | 1 |
Extra Questions
Using the following table, answer the given questions:
Result of 16th Lok Sabha Election (2014)
National Parties
| Party | No of Seats |
| Bharatiya Janata Party (BJP) | 282 |
| Communist Party of India (CPI) | 1 |
| Communist Party of India- Marxist (CPM) | 9 |
| Indian National Congress (INC) | 44 |
| Nationalist Congress Party (NCP) | 6 |
Regional Parties
| Aam Aadmi Party (AAP) | 4 |
| All India Anna Dravida Munnetra Kazhagam (AIDMK) | 37 |
| All India Trinamool Congress (TMC) | 34 |
| All India United Democratic Front (AIUDF) | 3 |
| Biju Janata Dal (BJD) | 20 |
| Indian National Lok Dal (INLD) | 2 |
| Indian Union Muslim League (IUML) | 2 |
| Jammu and Kashmir Peoples Democratic Party (PDP) | 3 |
| Janata Dal (Secular) | 2 |
| Janata Dal (United) | 2 |
| Jharkhand Mukti Morcha (JMM) | 2 |
| Lok Jan Shakti Party (LJP) | 6 |
| Rashtriya Janata Dal (RJD) | 4 |
| Samajwadi Party (SP) | 5 |
| Shiromani Akali Dal | 4 |
| Shiv Sena | 18 |
| Telangana Rashtriya Samithi (TRS) | 11 |
| Telugu Desam Party (TDP) | 16 |
| Other Regional Parties | 7 |
| registered Unrecognised parties | 16 |
| Independents | 3 |
| Grand Total | 543 |
Q1. Who will form the government? Why?
Ans. BJP will form the government along with its allies because they have won the majority of seats.
Q2. Who will be present for discussions in the Lok Sabha?
Ans. All the MPs who represent different constituencies along with Prime Minister and his Ministers will be present for the discussions in the Lok Sabha.
Q3. Use the terms ‘constituency’ and ‘represent’ to explain who an MLA is and how the person gets elected?
Ans. Suppose a state is going to have its elections. From a seat, a number of candidates from different political parties file nominations to fight the elections. On this occasion, the people of that state would come together to elect the Members of the Legislative Assembly (MLA) in a particular constituency. The candidate who gets maximum votes wins and gets elected as MLA of that constituency. He represents that region.
Q4. Discuss with your teacher the difference between a State Legislative Assembly (Vidhan Sabha) and the Parliament (Lok Sabha).
Ans.
| Lok Sabha | Vidhan Sabha |
| It’s members are called the Members of Parliament (MPs) | It’s members are called Members of Legislative Assembly (MLAs). |
| The elected leader of MPs heads the Union govt i.e. the Prime Minister. | The elected MLAs choose their leader who is the Chief Minister. He heads the State govt. |
| An MP’s constituency is made up of several small constituencies where MLAs are elected representatives. Therefore, MP’s electoral constituency is larger. | An MLA’s constituency is smaller. |
| An MLA is eligible to become a Minister in the State Cabinet. | An MP becomes Minister in the Union Cabinet. |
Q5. From the list below, identify the work of a State government and that of a Central Government.
(a) The decision of the Indian government to maintain peaceful relations with China.
(b) The decision of the Madhya Pradesh government to discontinue Board exams in Class VIII for all schools under this Board
(c) Introduction of a new train connection between Ajmer and Mysore.
(d) Introduction of a new 1,000 rupee note.
Ans:
- a) Central Government
- b) State Government
- c) Central Government
- d) Central Government
Q6. Fill in the blanks with the following words. universal adult franchise;
MLAs; representatives; directly. Democratic governments in our times are usually referred to as representative
democracies. In representative democracies, people do not participate _______ but, instead, choose their _______ through an election process. These _______ meet and make decisions for the entire population. These days, a government
cannot call itself democratic unless it allows what is known as Universal _______ This means that all adult citizens in the country are allowed to vote.
Ans: Democratic governments in our times are usually referred to as representative democracies. In representative democracies, people do not participate directly but, instead, choose their representatives through an election process. These MLAs meet and make decisions for the entire population. These days, a government cannot call itself democratic unless it allows what is known as Universal Adult Franchise Which means that all adult citizens in the country are allowed to vote.
Q7. You have read that most elected members whether in the Panchayat or the Vidhan Sabha or the Parliament are elected for a fixed period of five years. Why do we have a system where the representatives are elected for a fixed period and not for life?
Ans. It is a good rule that most of the elected members in India have a fixed period of five years. It prevents authorianism and complacency in these members. Through this rule, people get a chance to change their elected representatives during elections if they are not satisfied by his or her work as elected representatives. Apart from that regular elections and choice of options among the voters are key features of a democracy.