Composition and function of the "House of Representative" under the US constitution LLB Notes

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Composition and function of the "House of Representative" under the US constitution


Introduction: - 

           The House of representatives is the lower House in US congress and if the senate is House of the state, the house of representatives are the House of people. The framers of the constitution intended the House of represent the multitude (Huge Number), the common people.

Composition;-

              Originally, the house of representative consisted of 65 members only. With the passage of time and the growth of population the strength of the House began to increase. However the same has been finally fixed at 435 by an Act of 1929.




Election & Tenure of Office;-

            The representatives are elected for a short term of two years. They are elected by the people through adult franchise. Tenure of the House can neither be increased nor decreased.


Qualification for Membership;-

          In order to be eligible to become a member of the House of Representatives:-

a.         The candidate must be at least 25 years of age.

b.         He must be a citizen of America.

c.         He must be a resident of America for at lease seven years.

d.         He should be a citizen of the state from which he is seeking election.

e.         He must not hold any office of profit under the government of USA.


Presiding Officer;-

       The House of representatives is presided by a speaker which is chosen by it members, when the new congress meets for the first time. He often takes part in the debate & favors the party he belongs. Infect he is the leader of majority party and he is not a neutral person.


Sessions;-

         The House of representative meets at least once in every year. The president may however call a special or extra ordinary session of the House.

Privileges of the Representatives;-

    The Members of the House of representatives are entitled to the following privileges:-

a.         They enjoy of freedom of expression on the floor of the House.

b.         They cannot be questioned in a court of law for anything said in the House.

c.         They are exempted from impeachment.

d.         They are paid regular salary which is free from income tax.

e.         They are entitled to raveling allowance to attend the sessions in addition to other allowances permissible under the rule.




Powers and Functions;-

           Since USA has a presidential form of Government. Its lower chamber does not play that vital role, which a lower house in a parliamentary form of Government is expected to play. The power of house of representatives are as under:-

a.  Legislative Powers;-

          It enjoys co-equal and co-ordinate authority with the senate in the domain of legislation ordinary bills can be initiated in either of the chambers.

b.  Financial Powers;-

        The constitution specifies that the revenue bills must originate in the house of representative.

c . Executive Powers;-

     The only executive power the house possesses is that alongwith senate it can declare war and conclude peace.

d. Judicial Powers;-

        The House of representatives participate in impeachment cases as it is empowered to frame charges against the President or other civil officers.

e. Constitution Amending Powers;-

        The house participates in the amendment of the constitution. The proposals for amendment are too made by 2/3 majority in both the house of the congress.

f. Electoral Powers;-

       It decides the election of the President when no candidate secures an absolute majority of votes. It elects one out of three candidates securing the highest votes.




A Weak House.;-

        House of representatives is a weak house. It plays a second fiddle to the upper chamber, the senate. Following are the reasons or causes of the weakness of the house of representatives: -

a. Powerful Role of Senate;-

       Unlike the other countries, the upper house the senate enjoys co-equal powers in the sphere of legislation and finance and is dominated by it.

b. No Executive Control;-

           The executive is neither responsible to the House nor does it spring from it.

c. Short Term;-

    The tenure of two years for the House is very short. The members are too much engrossed (engaged) in their election campaigns because of the shorter term.

d. Large Membership;-

   The membership of the House if very large and because of it here is a time limit on the speeches.

e. Direct Election of Senate;-

     The direct election of the senators also detracts the popular character of the House which is otherwise the privileges of lower chamber.

f. Limitation on Freedom of Speech;-

    The debates in the House are limited unlike senate where freedom of speech is allowed which enables the senators to do more justice to the debates.




g. No Leadership;-

         Unlike the house of commons there is no leader of the House of representatives and a spokesman of the Government from whom may emanate (Originate) the national policy.


Conclusion;-

     To conclude I can say that the house of representatives represents the various sections of America as it has a large membership. As compared to senate, it has less authority which makes it a weak house.


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