08-26-2011, 12:11 AM
Q.5: Discuss the Composition and Legislate power of House of Lords(2001-A).
1- Introduction:
The House of Lords is the oldest house in the world and has been in Constitution existence in one from or other for more than a thousand years. It is the upper house of the British Parliament. It is generally stated that the house of Lords is a hereditary house.
2- Composition Of House Of Lords:
The member of house of Lords fall into seven distinct categories.
I. Hereditary Peers:
About nine-tenth of the members belong to this category-peerage is granted by the crown and he may create as many peers as he like. The Majority of people becomes peer, because they Per chance happen to be eldest Grand sons of an ancestor, who was first created a Peer.
II. Representative Peers Of Scotland:
Their number is 16 and are elected by Scottish peer in accordance with the provisions of the treaty of union 1707.
III. Representative Peers Of Ireland:
When Ireland was united with English the lrish peers were entitled to elect 128 members but since 1922 when Ireland was declared a free state no new peer have been created.
IV. Lords Of Appeal:
They are 9 in numbers and are appointed by the crown under the provisions of the Appellate jurisdiction Act, 1876 to assist the house in the performance of its judicial functions.
V. Spiritual Peers:
They are 26 in number two are Arch Bishops of York and Canterbury and 24 are Senior Bishops of the Church of England.
VI. Princes Of The Royal Blood:
Male adult members of royal family who have attained maturity and are within specified degree of relationship are appointed as members of House Of Lords.
VII. Life Peers:
These members are created under the provisions of the life peerage act 1958. They are the persons who have held high offices in the state and have since retired e.g. minister, speakers etc.
3- Number Of Members:
The number of members are not fixed. The numbers varies from time to time.
4- Nature:
The House of Lords is called conservative chamber. It was commonly described as the hereditary and partly democratic in composition. Peerage both hereditary and life are created by sovereign on the advise of Prime Minister.
5- Disqualification:
Following persons cannot become the members of the house of Lords.
1. Insane
2. Minor
3. Convict
4. Bankrupt
6- Presiding Officer:
The House of Lords is Presided by a Lord Chancellor who is member of the cabinet.
7- Privileges Of The House of Lords.
Following privileges are available to the house of Lords.
I. Freedom Of Speech:
The Lords can express their views freely can access to the Sovereign to discuss public affaris.
II. Free Access To The Sovereign:
Every member of house of Lords can access to the Sovereign to discuss public affairs.
III. Right To Determine Its Own Composition:
The lords have right to determine its own compositions.
IV. Right To Publish Opinion:
The Lords can publish their opinion in official papers.
V. Freedom From Arrest:
No member can be arrested when parliament is in Session.
VI. Right To Receive Writs Of Summons:
They have the right to receive individuals writs of summons to attend Parliament.
VII. Trial Of Impeachment Cases:
They have the right to try impeachment case brought by House of Commons.
VIII. Exemption:
It enjoys exemption from serving as jurors.
IX. Determination Of Peerage:
The House has the right to determine disputed claims to peerage.
8- Powers And Function Of House Of Lords:
Following are the powers of House of Lords:
I. Legislative Powers:
After the passing of Parliament Act 1911, the legislative powers of the House of Lords may be discussed under the following heads.
(i) As Regards Money Bills:
As regard control over financial bill the House of Lords is practically ineffective. All the money bills introduce in the house of Commons and if the House of Lords withholds their assent to it for more than a month, it would be presented to the King and would become law on receiving the Royal Assent despite the fact at the Lords did not concur with it.
(ii) As Regards Non-money Bills:
Non-money bills may be introduced in the House of Lords. A non-money bill passed by the House of Commons in two Successive Sessions with an interval of at least of one year between its first reading in the first and second reading in its Second Session, it will become a law after having received the Royal Assent irrespective of its having been rejected by the Lords. So in legislative sphere, House of Lords has lost much of its significance.
II. Executive Powers:
The Lords have the powers to ask question from the Government and have a full right to debate its policies but the House can only cross-examine the cabinet ministers and the cabinet is not responsible to it.
III. Judicial Powers:
The House of Lords has three fold Jurisdiction or powers in this regards.
(i) It has original power to try peers in case they are involved in any treason or felony against national interest.
(ii) It is also authorized to hear impeachments sent to it by the House of Common but now this jurisdiction has lost all its importance due to the acceptance on ministerial responsibility.
(iii) It also acts as the highest Court of appeal in U.K.
IV. Other Powers:
The House of Lords performs an important function of discussing such social and political questions, which are not ready for legislation.
9- conclusion:
To conclude, I can say, that the House of Lords is an ancient institution of the world, which plays his role in Conventional way for accomplishment of legislation. Before the passage of the Parliament Act of 1911. The House of Lords was in all respect co-ordinate in powers with the House of Commons but after the Parliament Act of 1911, the position is quite different and now the House of Lords is a mere shadow of its former self.
1- Introduction:
The House of Lords is the oldest house in the world and has been in Constitution existence in one from or other for more than a thousand years. It is the upper house of the British Parliament. It is generally stated that the house of Lords is a hereditary house.
2- Composition Of House Of Lords:
The member of house of Lords fall into seven distinct categories.
I. Hereditary Peers:
About nine-tenth of the members belong to this category-peerage is granted by the crown and he may create as many peers as he like. The Majority of people becomes peer, because they Per chance happen to be eldest Grand sons of an ancestor, who was first created a Peer.
II. Representative Peers Of Scotland:
Their number is 16 and are elected by Scottish peer in accordance with the provisions of the treaty of union 1707.
III. Representative Peers Of Ireland:
When Ireland was united with English the lrish peers were entitled to elect 128 members but since 1922 when Ireland was declared a free state no new peer have been created.
IV. Lords Of Appeal:
They are 9 in numbers and are appointed by the crown under the provisions of the Appellate jurisdiction Act, 1876 to assist the house in the performance of its judicial functions.
V. Spiritual Peers:
They are 26 in number two are Arch Bishops of York and Canterbury and 24 are Senior Bishops of the Church of England.
VI. Princes Of The Royal Blood:
Male adult members of royal family who have attained maturity and are within specified degree of relationship are appointed as members of House Of Lords.
VII. Life Peers:
These members are created under the provisions of the life peerage act 1958. They are the persons who have held high offices in the state and have since retired e.g. minister, speakers etc.
3- Number Of Members:
The number of members are not fixed. The numbers varies from time to time.
4- Nature:
The House of Lords is called conservative chamber. It was commonly described as the hereditary and partly democratic in composition. Peerage both hereditary and life are created by sovereign on the advise of Prime Minister.
5- Disqualification:
Following persons cannot become the members of the house of Lords.
1. Insane
2. Minor
3. Convict
4. Bankrupt
6- Presiding Officer:
The House of Lords is Presided by a Lord Chancellor who is member of the cabinet.
7- Privileges Of The House of Lords.
Following privileges are available to the house of Lords.
I. Freedom Of Speech:
The Lords can express their views freely can access to the Sovereign to discuss public affaris.
II. Free Access To The Sovereign:
Every member of house of Lords can access to the Sovereign to discuss public affairs.
III. Right To Determine Its Own Composition:
The lords have right to determine its own compositions.
IV. Right To Publish Opinion:
The Lords can publish their opinion in official papers.
V. Freedom From Arrest:
No member can be arrested when parliament is in Session.
VI. Right To Receive Writs Of Summons:
They have the right to receive individuals writs of summons to attend Parliament.
VII. Trial Of Impeachment Cases:
They have the right to try impeachment case brought by House of Commons.
VIII. Exemption:
It enjoys exemption from serving as jurors.
IX. Determination Of Peerage:
The House has the right to determine disputed claims to peerage.
8- Powers And Function Of House Of Lords:
Following are the powers of House of Lords:
I. Legislative Powers:
After the passing of Parliament Act 1911, the legislative powers of the House of Lords may be discussed under the following heads.
(i) As Regards Money Bills:
As regard control over financial bill the House of Lords is practically ineffective. All the money bills introduce in the house of Commons and if the House of Lords withholds their assent to it for more than a month, it would be presented to the King and would become law on receiving the Royal Assent despite the fact at the Lords did not concur with it.
(ii) As Regards Non-money Bills:
Non-money bills may be introduced in the House of Lords. A non-money bill passed by the House of Commons in two Successive Sessions with an interval of at least of one year between its first reading in the first and second reading in its Second Session, it will become a law after having received the Royal Assent irrespective of its having been rejected by the Lords. So in legislative sphere, House of Lords has lost much of its significance.
II. Executive Powers:
The Lords have the powers to ask question from the Government and have a full right to debate its policies but the House can only cross-examine the cabinet ministers and the cabinet is not responsible to it.
III. Judicial Powers:
The House of Lords has three fold Jurisdiction or powers in this regards.
(i) It has original power to try peers in case they are involved in any treason or felony against national interest.
(ii) It is also authorized to hear impeachments sent to it by the House of Common but now this jurisdiction has lost all its importance due to the acceptance on ministerial responsibility.
(iii) It also acts as the highest Court of appeal in U.K.
IV. Other Powers:
The House of Lords performs an important function of discussing such social and political questions, which are not ready for legislation.
9- conclusion:
To conclude, I can say, that the House of Lords is an ancient institution of the world, which plays his role in Conventional way for accomplishment of legislation. Before the passage of the Parliament Act of 1911. The House of Lords was in all respect co-ordinate in powers with the House of Commons but after the Parliament Act of 1911, the position is quite different and now the House of Lords is a mere shadow of its former self.