British Constitutional Law
Q: 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 had been in Continuous existence in one
form 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 members 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 become Peer, because they per chance
happen to be eldest Grandsons 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 England the Irish Peers were entitled to elect 128 members but since
1922 when Ireland was declared a free state no new peer have been created.
IV. Lord 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.
3. Number of Members:
The numbers 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
chamber of the parliament. It is partly hereditary and partly democratic in composition.
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 views freely and without any pressure.
ii. Free Access to the Sovereign:
Every member of house of Lord can access to the Sovereign to discuss public affairs,
iii. Right to Publish Opinion:
The Lords can publish their opinion in official papers.
iv. Freedom from Arrest:
No member can be arrested when parliament is in Session.
v. Trial of Impeachment Cases:
They have the right to try impeachment case brought by House of Commons.
vi. Exemption:
It enjoys exemption from serving as jurors.
8. Powers and Functions of House of Lords:
Following are the powers of House of Lords.
1) Legislative Powers:
After the Passing of Parliament Act 1911 legislative powers of the •House of ' discussed under the
following heads.
i. As Regards Money Bills:
As regard control over financial bill the House of Lords is practically ineffective. All money bills
introduce in the house Commons and if the House of Lords withhold their assent to it for more
than a month, it be presented to the King and would become on receiving the Royal Assent despite
the fact the Lords did not concur with it.
ii. As Regards Non-Money Bills:
Non-money bills may be introduced in 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 Secord reading in its Second Sessions.
2) 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.
3) Judicial Powers:
The House of Lords have jurisdiction powers in this regard.
a) It has original Power' to try peers in case they are involved in any treason or felony against
national interest.
Other Powers:
The House of Lords performs an important function of discussing such social and political
questions, which are not ready for legislation.
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 Lards was in all respect co-ordinate in powers with the
House of Commons but after the Parliament Act of 1911
