The Legislature in India and the USA: ISC Class 12 Political Science

What The Legislature is about

Weightage: CISCE publishes no chapter or unit weightage for ISC Political Science. The Legislature is part of Section A: Organs of the Government, 4 of the 2027 syllabus and can be asked anywhere in the 80-mark Paper I (Section A 16 one-mark items, Section B 4-mark short answers, Section C 8-mark long answers).Source: CISCE ISC Political Science (852) syllabus, examination year 2027; ISC 2027 specimen question paper

Key concepts

Composition of the Indian Parliament

Parliament consists of the President, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States) (Article 79). The President is not a member of either House but is an integral part of Parliament: bills need assent, and the President summons and prorogues the Houses and can dissolve the Lok Sabha.

Lok Sabha

• Strength: maximum 550 elected members (up to 530 from the states and 20 from union territories); at present 543 seats.
• Election: directly by the people on universal adult franchise, by the First Past the Post system in single-member constituencies; seats reserved for Scheduled Castes and Scheduled Tribes.
• Qualification: citizen, at least 25 years of age.
• Tenure: five years, unless dissolved earlier by the President; during a national emergency it can be extended by Parliament for up to one year at a time.
• Presiding officer: the Speaker, elected by members.

Rajya Sabha

• Strength: maximum 250 (238 representatives of states and union territories and 12 nominated by the President for knowledge or experience in literature, science, art and social service); at present 245.
• Election: indirectly, by the elected members of the state Legislative Assemblies, through proportional representation by the single transferable vote; seats allotted to states roughly by population.
• Qualification: citizen, at least 30 years of age.
• Tenure: a permanent House, not subject to dissolution; members serve six years, and one-third retire every second year.
• Presiding officer: the Vice-President of India is its ex officio Chairman.

Worked example

[4] Explain the method of election and tenure of the two Houses of the Indian Parliament. (Recall)

Try it first, then show the solutionSolution

1. Lok Sabha: directly elected by the people by FPTP in single-member constituencies - 1 mark.
2. Lok Sabha: five-year term; can be dissolved earlier; extendable in emergency - 1 mark.
3. Rajya Sabha: indirectly elected by elected MLAs by STV; 12 nominated by the President - 1 mark.
4. Rajya Sabha: permanent House; members serve six years; one-third retire every two years - 1 mark.

Answer: The Lok Sabha is elected directly by the people on adult franchise under First Past the Post in single-member constituencies; its term is five years unless dissolved earlier, and it can be extended during an emergency. The Rajya Sabha is elected indirectly by the elected members of state Legislative Assemblies through the single transferable vote, with 12 members nominated by the President; it is a permanent House whose members serve six years, one-third retiring every second year.

Functions of the Indian Parliament

1. Legislative: makes laws on the Union List and Concurrent List; on the State List in special circumstances (a Rajya Sabha resolution under Article 249, a national emergency, the request of two or more states, or to implement treaties).
2. Financial: no tax can be levied and no money spent without Parliament's approval. It passes the Budget (Annual Financial Statement), the Appropriation Bill and the Finance Bill. Money bills can be introduced only in the Lok Sabha.
3. Control over the executive (in a parliamentary system the Council of Ministers is collectively responsible to the Lok Sabha):

• Question Hour: members ask ministers questions to obtain information;
• Zero Hour and calling attention notices on urgent matters;
• adjournment motions to discuss a matter of urgent public importance;
• cut motions to reduce budget demands, censure motions;
• a no-confidence motion, which, if passed by the Lok Sabha, forces the government to resign;
• parliamentary committees (Public Accounts Committee, Estimates Committee) and joint parliamentary committees.

4. Constituent: amends the Constitution under Article 368.
5. Judicial: impeaches the President (Article 61); removes judges of the Supreme Court and High Courts (Article 124(4)); punishes breach of privilege.
6. Electoral: elected members of both Houses (with state MLAs) elect the President; both Houses elect the Vice-President; the Lok Sabha elects its Speaker and Deputy Speaker, and the Rajya Sabha its Deputy Chairman.
7. Deliberative and representative: debates national issues and voices public grievances.

Worked example

[4] An opposition MP says, 'Ministers here cannot hide from us.' Justify the claim with two devices the Lok Sabha uses to hold the Council of Ministers to account. (Understand)

Try it first, then show the solutionSolution

1. Question Hour: members ask ministers questions; ministers must answer, exposing lapses - 2 marks.
2. No-confidence motion: if passed by the Lok Sabha, the whole Council of Ministers must resign (collective responsibility, Article 75(3)) - 2 marks.

Answer: (1) Question Hour: the first hour of most sittings is used by members to ask ministers questions about their departments; ministers must answer, so mistakes and failures are exposed. (2) No-confidence motion: since the Council of Ministers is collectively responsible to the Lok Sabha, a motion of no confidence, if passed, compels the entire government to resign. (Other ways: adjournment and cut motions, budget control, committees.)

Relative position of the Lok Sabha and the Rajya Sabha; special powers of the Rajya Sabha

Lok Sabha is more powerful because
1. Money bills: they can be introduced only in the Lok Sabha; the Rajya Sabha must return them within 14 days and can only recommend changes, which the Lok Sabha may reject. The Speaker decides whether a bill is a money bill.
2. Control over the executive: the Council of Ministers is responsible only to the Lok Sabha; only it can pass a no-confidence motion.
3. Budget: the Rajya Sabha can discuss the Budget but cannot vote on demands for grants.
4. Joint sitting: in a deadlock on an ordinary bill, a joint sitting (Article 108) presided over by the Speaker decides; the Lok Sabha's larger numbers usually prevail.
5. It is directly elected and represents the people.

Equal powers: ordinary bills, constitutional amendments, impeachment of the President, removal of judges, election of the President and Vice-President, approval of emergency proclamations.

Special powers of the Rajya Sabha
1. Article 249: by a resolution supported by two-thirds of members present and voting, it can declare that Parliament should legislate on a State List subject in the national interest; the resolution is valid for one year and may be renewed.
2. Article 312: by a similar two-thirds resolution, it can authorise Parliament to create new All-India Services.
3. A resolution to remove the Vice-President can be initiated only in the Rajya Sabha.
4. If the Lok Sabha is dissolved, a proclamation of emergency or President's rule is approved by the Rajya Sabha alone until a new Lok Sabha meets.

Worked example

[4] The Rajya Sabha is weaker than the Lok Sabha, yet some things only it can do. Explain two such powers. (Understand)

Try it first, then show the solutionSolution

1. Article 249: by a two-thirds resolution, it can empower Parliament to legislate on a State List subject in the national interest for one year - 2 marks.
2. Article 312: by a two-thirds resolution, it can authorise the creation of new All-India Services - 2 marks.

Answer: (1) Under Article 249 the Rajya Sabha, by a resolution supported by two-thirds of members present and voting, can declare a State List subject to be of national importance, allowing Parliament to make laws on it for one year (renewable). (2) Under Article 312, by a similar resolution, it can authorise Parliament to create new All-India Services common to the Union and the states. These belong to the Rajya Sabha alone because it represents the states.

Composition and functions of the US Congress

House of Representatives

• Strength: 435 voting members, apportioned among the states by population (each state has at least one).
• Election: directly by the people in single-member districts.
• Qualification: at least 25 years old, a US citizen for seven years, resident of the state.
• Tenure: two years; the whole House is elected every two years; it cannot be dissolved.
• Presiding officer: the Speaker, a party leader.

Senate

• Strength: 100, two from each of the 50 states regardless of population.
• Election: directly by the people of each state (since the 17th Amendment, 1913).
• Qualification: at least 30 years old, a citizen for nine years.
• Tenure: six years; one-third retire every two years; a permanent body.
• Presiding officer: the Vice-President of the USA (votes only to break a tie).

Functions of Congress
1. Legislative: makes laws on the subjects given in Article I (taxes, defence, commerce, currency) and under the 'necessary and proper' clause; both Houses have equal law-making power.
2. Financial: 'power of the purse'; revenue bills must originate in the House, but the Senate may propose or agree with amendments; no money can be spent without appropriation by Congress.
3. Control over the executive: committees investigate the administration; Congress controls funds; the Senate confirms appointments and ratifies treaties; Congress can override a presidential veto by two-thirds in both Houses.
4. Constituent: proposes amendments by two-thirds of both Houses.
5. Judicial: the House impeaches (charges) federal officers, including the President, by simple majority; the Senate tries them and convicts by two-thirds (the Chief Justice presides when the President is tried).
6. Electoral: if no candidate wins a majority in the Electoral College, the House elects the President and the Senate elects the Vice-President.

Worked example

[4] Explain how the US Congress controls the President. (Understand)

Try it first, then show the solutionSolution

1. Power of the purse: no money spent without appropriation by Congress - 1 mark.
2. Senate confirms appointments (simple majority) and ratifies treaties (two-thirds) - 1 mark.
3. Congress can override a veto by two-thirds of both Houses; committees investigate the administration - 1 mark.
4. Impeachment: House impeaches, Senate tries and convicts by two-thirds - 1 mark.

Answer: Congress controls the President through the power of the purse, as no money can be spent without its appropriation; through the Senate's power to confirm appointments and ratify treaties; by overriding vetoes with two-thirds majorities and investigating the administration through committees; and, as a last resort, by impeachment, the House bringing charges and the Senate convicting by a two-thirds vote.

Why the US Senate is the world's most powerful second chamber

Unique powers of the Senate
1. Confirmation of appointments: major appointments by the President (cabinet secretaries, ambassadors, federal judges including Supreme Court justices) need the Senate's approval by simple majority. Under 'senatorial courtesy', senators of the President's party can block appointments to federal posts in their states.
2. Treaties: treaties made by the President must be ratified by two-thirds of the senators present; the Senate rejected the Treaty of Versailles (1919-20).
3. Impeachment trial: the Senate alone tries impeachments; conviction needs two-thirds.
4. Election of the Vice-President when the Electoral College gives no majority.

Why it is the most powerful second chamber
1. Equal legislative powers with the House: no bill becomes law without its consent.
2. Even revenue bills, which must start in the House, can be amended in every respect by the Senate.
3. Executive powers (appointments, treaties) that no other second chamber shares.
4. Judicial power as the court of impeachment.
5. Small size, long six-year term and permanence give it continuity and prestige; senators represent whole states.
6. Unlimited debate (filibuster) lets a minority delay bills.
7. Strong committees investigate the executive.
Compared with the House of Lords or the Rajya Sabha, which can only delay legislation, the Senate is co-equal or even superior to the lower House.

Worked example

[4] Why is the US Senate considered the most powerful second chamber in the world? Give four reasons. (Analyse)

Try it first, then show the solutionSolution

1. Equal law-making powers with the House; can amend even revenue bills - 1 mark.
2. Executive powers: confirms major appointments; senatorial courtesy - 1 mark.
3. Ratifies treaties by two-thirds - 1 mark.
4. Judicial power: sole court of impeachment; small, permanent and prestigious - 1 mark.

Answer: The Senate (1) has equal law-making power with the House and can amend revenue bills in every respect; (2) shares executive power through confirming the President's major appointments, aided by senatorial courtesy; (3) must ratify all treaties by a two-thirds majority; and (4) is the sole court of impeachment, while its small size, six-year term and permanence give it great prestige. No other second chamber has such powers.

Comparisons: Rajya Sabha vs Senate; Lok Sabha vs House of Representatives

Rajya Sabha vs US Senate
1. Election: Rajya Sabha indirectly elected by state MLAs (plus 12 nominated); Senate directly elected by the people.
2. Representation: Rajya Sabha seats roughly by population; Senate equal (two per state).
3. Money bills: Rajya Sabha can only delay for 14 days and recommend; the Senate can amend revenue bills fully and must pass them.
4. Executive powers: Rajya Sabha has none over appointments or treaties and cannot remove the government; the Senate confirms appointments and ratifies treaties.
5. Impeachment: the Rajya Sabha shares equally with the Lok Sabha in impeaching the President; the Senate alone tries impeachments.
6. Deadlock: Rajya Sabha can be outvoted in a joint sitting; there is no joint sitting in the USA, so the Senate's consent is essential.
Similarities: both are permanent bodies with one-third retiring every two years, six-year terms for members, presided over by the Vice-President, and represent the units of the federation.

Lok Sabha vs House of Representatives
1. Strength: Lok Sabha up to 550 (543 now); House 435.
2. Tenure: Lok Sabha five years and may be dissolved; House two years, cannot be dissolved.
3. Control over executive: Lok Sabha can remove the government by a no-confidence motion; the House cannot remove the President except by impeachment and Senate conviction.
4. Money bills: Lok Sabha has the final word; the House only originates revenue bills, and the Senate is equal.
5. Relation with the other House: Lok Sabha clearly dominant; House co-equal with or weaker than the Senate.
6. Speaker: Lok Sabha Speaker is expected to be impartial; the US Speaker is an active party leader.

Worked example

[4] A finance bill reaches the upper House in India and in the USA. Compare what the Rajya Sabha and the US Senate can each do with it. (Analyse)

Try it first, then show the solutionSolution

1. India: money bills can be introduced only in the Lok Sabha; the Speaker certifies them - 1 mark.
2. Rajya Sabha can only delay them for 14 days and recommend changes that the Lok Sabha may reject - 1 mark.
3. USA: revenue bills must originate in the House of Representatives - 1 mark.
4. But the Senate can amend them fully and both Houses must pass the same text, so the Senate is far stronger - 1 mark.

Answer: In India money bills can be introduced only in the Lok Sabha, and the Rajya Sabha must return them within 14 days with recommendations that the Lok Sabha may ignore. In the USA revenue bills must begin in the House of Representatives, but the Senate can amend them in every respect and the bill cannot become law until both Houses pass the same version. So, on money bills, the Senate is nearly equal to the House, while the Rajya Sabha is clearly subordinate to the Lok Sabha.

The Legislature in real life

Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Topics in this chapter

• US Congress: Composition and Functions, and Lok Sabha Compared with the House
• The US Senate as the World's Most Powerful Second Chamber and the Rajya Sabha Compared

The Legislature: key facts

Lok Sabha

Max 550 (543 now); direct, FPTP; 5 years; age 25

Speaker presides; can be dissolved.

Rajya Sabha

Max 250 (238 elected + 12 nominated); indirect, STV; permanent, 6-year terms, 1/3 retire every 2 years; age 30

Vice-President is Chairman.

House of Representatives

435; direct; 2 years; age 25

Originates revenue bills; impeaches.

Senate

100 (2 per state); direct since 1913; 6 years, 1/3 every 2 years; age 30

Confirms appointments, ratifies treaties (2/3), tries impeachment.

Money bills

India: Lok Sabha only; Rajya Sabha 14 days. USA: originate in House; Senate amends fully

Article 110 defines money bills in India.

Rajya Sabha special powers

Article 249 (State List in national interest), Article 312 (All-India Services)

Both need 2/3 present and voting.

How the board asks The Legislature

The question patterns to expect, and the method that works for each.

Tricks to remember The Legislature

Short memory aids. Say each one aloud once, then use it on a question the same day.

• Functions: 'LEFT-CJ'

  Legislative, Electoral, Financial, (control of) execuTive, Constituent, Judicial.

  Use it when: Six functions of a legislature.

• Senate's unique powers: 'A-T-I'

  Appointments, Treaties, Impeachment trial.

  Use it when: Why the Senate is so powerful.

• Rajya Sabha special: '249, 312'

  249 = State List; 312 = Services.

  Use it when: Special powers.

• Terms: 2-5-6

  House 2 years; Lok Sabha 5 years; senators and Rajya Sabha members 6 years.

  Use it when: Composition questions.

The Legislature: board-level solved questions

Ordered from board level to HOTS. Cover the solution, write your own, then compare step by step.

Case-study practice (Section D style)

Read the situation, then answer every part. In the board paper this is a 8-mark question split into 2 + 2 + 2 + 2 marks.

Where the marks are

How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.

Where students lose marks in The Legislature

The slips examiners see most often, and what to write instead.

• ✗Mistake: Common powers given for special powers of the Rajya Sabha

  CISCE examiners' comments, 2024: candidates 'Confused special powers with common powers of the Rajya Sabha.'

  Wrong working

  Special power: the Rajya Sabha can amend the Constitution.

  Right working

  Special powers: Article 249 (State List in national interest) and Article 312 (new All-India Services).

  ✓Do this: Special = only the Rajya Sabha can do it.

  Usually costs: Up to 4 marks.

• ✗Mistake: General comparison instead of money bills

  CISCE examiners' comments, 2025: candidates 'Described the positions of Rajya Sabha and Senate in general terms but not with respect to money bills.'

  ✓Do this: Keep every point about money bills: where introduced, power to amend, time limit, final say.

  Usually costs: Up to 4 marks.

• ✗Mistake: Wrong device for eliciting information

  CISCE examiners' comments, 2024: candidates 'Wrote Cut Motion, No Confidence Motion, Zero Hour or Adjournment Motion instead of Question Hour'.

  ✓Do this: Information = Question Hour; urgent matters = Zero Hour, adjournment; budget = cut motion; removal = no-confidence.

  Usually costs: 1 mark.

• ✗Mistake: Omitting the election method or tenure

  CISCE examiners' comments, 2024: candidates 'Did not answer in a focused manner and omitted the election method, the tenure, or both' and 'Found part (ii) confusing and gave no analytical explanation.'

  ✓Do this: Write four short headed points: LS election, LS tenure, RS election, RS tenure.

  Usually costs: 1-2 marks.

• ✗Mistake: Confusing pocket veto with suspensory veto

  CISCE examiners' comments, 2024 (one-word terms): candidates 'Confused Pocket Veto with Suspensory Veto.'

  ✓Do this: Pocket veto: bill dies because Congress adjourned within ten days; suspensory (qualified) veto: President returns the bill, Congress can override.

  Usually costs: 1 mark.

Practice questions on The Legislature

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

1. Q1 · 1 mark · Very short answerBoard level

   An MP wants written figures from the Railway Minister on accidents last year. In which part of the Lok Sabha's sitting would she normally ask for them?

   Hint

   First hour of a sitting.

   Answer

   Question Hour.

2. Q2 · 1 mark · Very short answerBoard level

   Give one word: a bill does not become law because the US President neither signs it within ten days nor can return it, as Congress has adjourned.

   Hint

   Not suspensory.

   Answer

   Pocket veto.

3. Q3 · 1 mark · MCQBoard level

   How many members can the President nominate to the Rajya Sabha?
   (a) 2
   (b) 10
   (c) 12
   (d) 14

   Hint

   Literature, science, art, social service.

   Answer

   (c) 12.

4. Q4 · 1 mark · Very short answerHarder board level

   In the USA, which House tries impeachment cases?

   Hint

   Conviction by two-thirds.

   Answer

   The Senate.

5. Q5 · 4 marks · Short answerHarder board level

   [4] Explain the judicial and electoral functions of the Indian Parliament.

   Hint

   Impeachment, judges; President, Vice-President.

   Answer

   Judicial: (1) it impeaches the President for violation of the Constitution (Article 61); (2) it removes judges of the Supreme Court and High Courts on proved misbehaviour or incapacity, and punishes breach of privilege. Electoral: (1) elected members of both Houses, with state MLAs, elect the President; (2) both Houses elect the Vice-President, and they elect their own presiding and deputy presiding officers.

6. Q6 · 4 marks · Short answerBoard level

   [4] Explain the composition of the US Congress.

   Hint

   435 and 100.

   Answer

   House of Representatives: 435 members apportioned by population, directly elected for two years, minimum age 25, presided over by the Speaker. Senate: 100 members, two per state, directly elected (since 1913) for six years with one-third retiring every two years, minimum age 30, presided over by the Vice-President.

7. Q7 · 4 marks · Short answerHOTS / competency

   [4] Why can the Lok Sabha remove the government but the House of Representatives cannot? Analyse.

   Hint

   Parliamentary versus presidential.

   Answer

   (1) India has a parliamentary system in which the Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)). (2) So a no-confidence vote obliges it to resign. (3) The USA has a presidential system with separation of powers: the President is elected for a fixed term and is not responsible to Congress. (4) The House can only impeach him for serious offences, and removal needs conviction by two-thirds of the Senate.

8. Q8 · 4 marks · Short answerHarder board level

   [4] Distinguish between the legislative and constituent functions of a legislature with examples.

   Hint

   Ordinary law versus amending the Constitution.

   Answer

   The legislative function is making ordinary laws within the Constitution, such as a law on taxation or education, usually by simple majority. The constituent function is amending the Constitution itself: in India under Article 368, by special majorities and sometimes state ratification; in the USA by proposing amendments by two-thirds of both Houses. Constituent power changes the framework; legislative power works within it.

9. Q9 · 8 marks · Long answerHOTS / competency

   [8] (a) Explain four ways in which the Indian Parliament controls the executive. [4]
   (b) Compare the Rajya Sabha with the US Senate on four points. [4]

   Hint

   (a) devices; (b) election, representation, money, executive powers.

   Answer

   (a) Question Hour and Zero Hour; adjournment and calling attention motions; control of the budget through cut motions and votes on demands; no-confidence motions and committees such as the Public Accounts Committee. (b) (1) The Rajya Sabha is indirectly elected with nominated members; the Senate is directly elected. (2) Rajya Sabha seats follow population; the Senate gives two seats to every state. (3) The Rajya Sabha can only delay money bills for 14 days; the Senate can amend revenue bills fully. (4) The Rajya Sabha has no executive powers; the Senate confirms appointments and ratifies treaties. Both are permanent, with one-third retiring every two years, and both are chaired by the Vice-President.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1. 1.Who is the ex officio Chairman of the Rajya Sabha?Show answer

   The Vice-President of India.

2. 2.How long can the Rajya Sabha hold a money bill?Show answer

   14 days.

3. 3.Which amendment made US senators directly elected?Show answer

   The 17th Amendment (1913).

4. 4.What majority does the Senate need to ratify a treaty?Show answer

   Two-thirds of senators present.

5. 5.Who presides over a joint sitting of the Indian Parliament?Show answer

   The Speaker of the Lok Sabha.

Quick revision checklist

The night before the exam: can you do each of these without looking?

• ☐Parliament = President + Lok Sabha + Rajya Sabha (Article 79).
• ☐Lok Sabha: 543, direct FPTP, 5 years, dissolvable. Rajya Sabha: 245 (233 + 12), indirect STV, permanent, 6-year terms.
• ☐Functions: legislative, financial, executive control, constituent, judicial, electoral.
• ☐Control devices: Question Hour, Zero Hour, adjournment, cut, censure and no-confidence motions, committees.
• ☐Lok Sabha superior: money bills, no-confidence, demands for grants, joint sitting.
• ☐Rajya Sabha special: Article 249, Article 312, Vice-President's removal starts there.
• ☐House: 435, 2 years. Senate: 100, 6 years; appointments, treaties, impeachment trial; most powerful second chamber.

The Legislature: frequently asked questions