All questions of Parliamentary System for BPSC (Bihar) Exam

The constitution empowers parliament to make laws on any matter in-state list under five extraordinary circumstances - Rajya sabha passes the resolution, national emergency, states make a request, to implement international agreements, during president's rule.

Parliamentary Committee: Explanation of the Answer

The correct option is "B. 2 Only." Here's an explanation of the answer:

1. Appointed, Elected, or Nominated by the House

A parliamentary committee is a group of Members of Parliament (MPs) who are appointed, elected, or nominated by the House. The appointment or nomination process varies depending on the type of committee, but typically involves a vote by the House or a decision by the Speaker or Chairman.

2. Works under the Direction of the Speaker

While parliamentary committees are appointed or nominated by the House, they do not work under the direction of the Speaker. Instead, they are independent bodies that operate according to their own rules and procedures. However, they are accountable to the House and must report back to the House on their findings and recommendations.

In summary, while the first statement is partially correct, the second statement is incorrect. Parliamentary committees work independently and are not directed by the Speaker or Chairman.

Indian Parliamentary Group (IPG)

Indian Parliamentary Group (IPG) is a non-profit, non-political, and autonomous body formed in 1949. It is aimed at promoting the interests of India's parliamentary democracy and strengthening India's relations with other countries.

Statement 1: Indian parliamentary Group is an autonomous body

The statement is correct. The Indian Parliamentary Group (IPG) is an autonomous body. It is not affiliated with any political party or government agency. It is a non-profit organization, which is run by elected members of Parliament.

Statement 2: The membership of IPG is open to all members of the Parliament

The statement is also correct. The membership of IPG is open to all members of Parliament, including Lok Sabha members, Rajya Sabha members, and members of State Legislative Assemblies. The group has more than 450 members, including members from all political parties.

Conclusion

Both statements are correct. The Indian Parliamentary Group (IPG) is an autonomous body, and its membership is open to all members of Parliament. The group aims to promote India's parliamentary democracy and strengthen India's relations with other countries.

Committee on Absence of Members

- This committee considers all applications from members for leave of absence from the sittings of the House.
- It also examines the cases of members who have been absent for a period of 10 days or more without permission.
- The committee is constituted by the Speaker/Chairperson of the House.
- In Lok Sabha, the committee consists of 15 members, while in Rajya Sabha it consists of 10 members.
- The members of the committee are nominated by the Speaker/Chairperson based on the proportionality of the party strength in the House.
- The committee meets periodically to consider the applications for leave of absence and to examine the cases of prolonged absence.
- It submits its report to the Speaker/Chairperson who then lays it before the House.
- The report includes the reasons given by the absent members for their absence and the committee's recommendations on whether to grant leave of absence or take any other action.
- The committee's role is important in ensuring that members attend the sittings regularly and participate in the proceedings of the House.

Unlike in other federations, the states in India have no right to territorial integrity. The Parliament can by unilateral action change the area, boundaries or name of any state. Moreover, it requires only a simple majority and not a special majority. Hence, the Indian Federation is "an indestructible Union of destructible states". The American Federation, on the other hand, is described as “an indestructible Union of indestructible states”.

The Speaker of the Lok Sabha is an important figure in the Indian Parliamentary system. Let's understand the statements given about the speaker and check their accuracy.

Ex-Officio Chairman of the Indian Parliamentary Group
The Indian Parliamentary Group (IPG) is a non-governmental organization that acts as a link between the Parliament of India and various parliaments of the world. The IPG was formed in 1949 and has since then played an important role in promoting parliamentary diplomacy and strengthening relations between India and other countries. The Speaker of the Lok Sabha is indeed the ex-officio chairman of the IPG.

Ex-Officio Chairman of the Conference of Presiding Officers of Legislative Bodies in India
The Conference of Presiding Officers of Legislative Bodies in India is an annual event that brings together speakers and presiding officers of legislatures from all over the country. The conference provides a platform for discussions on various issues related to parliamentary democracy and the functioning of legislative bodies. The Speaker of the Lok Sabha is indeed the ex-officio chairman of this conference.

Therefore, both the statements given about the speaker of the Lok Sabha are accurate, and the correct answer is option C - both 1 and 2. The Speaker of the Lok Sabha holds several important responsibilities and plays a crucial role in the functioning of the Indian Parliamentary system.

The Constitution has declared the official language(s) of the state or Hindi or English, to be the languages for transacting business in the state legislature. However, the presiding officer can permit a member to address the House in his mother-tongue. The state legislature is authorised to decide whether to continue or discontinue English as a floor language after the completion of fifteen years from the commencement of the Constitution (i.e., from 1965). In the case of Himachal Pradesh, Manipur, Meghalaya and Tripura, this time limit is twenty-five years and Arunachal Pradesh, Goa and Mizoram, it is forty years.

The Council of States, also known as the Rajya Sabha, is one of the two houses of the Indian Parliament. It is a permanent house and not subject to dissolution. Members of the Rajya Sabha are elected by the elected members of State Legislative Assemblies in accordance with the system of proportional representation by means of a single transferable vote.

Correctness of the given statements:

1. The Council of States is designed to maintain the federal character of the country.
This statement is correct. The Rajya Sabha is designed to represent the states of India and to ensure that the federal character of the country is maintained. The Rajya Sabha provides representation to the states in the Indian Parliament and acts as a check on the powers of the Lok Sabha, which represents the people of India.

2. The number of members from a state depends on the population of the state.
This statement is not correct. The number of members from a state in the Rajya Sabha is not solely dependent on the population of the state. Each state is allocated a fixed number of seats in the Rajya Sabha, regardless of its population. The number of seats allocated to a state is based on its population, but also takes into account its area, its economic development, and other factors.

Conclusion:
Therefore, the correct answer is option 'D' - none of them, as statement 1 is correct and statement 2 is incorrect.

Article 75 of the Indian Constitution is the foundation of the parliamentary system of government in India. This article deals with the appointment, powers, and functions of the Prime Minister, who is the head of the government in India.

Appointment of Prime Minister
The President of India appoints the Prime Minister, who is the leader of the party or coalition with a majority in the Lok Sabha, the lower house of the Parliament. The Prime Minister then selects other ministers to form the Council of Ministers, which is responsible for the governance of the country.

Powers and Functions of the Prime Minister
The Prime Minister is the chief executive of the country and has the following powers and functions:

1. He/she advises the President on the appointment of other ministers.

2. He/she presides over the meetings of the Council of Ministers.

3. He/she coordinates the work of different ministries.

4. He/she is responsible for the overall administration of the country.

5. He/she represents the country in international forums.

6. He/she is responsible for the formulation and implementation of policies.

7. He/she can recommend the dissolution of the Lok Sabha to the President.

8. He/she can recommend the imposition of President's Rule in a state.

Conclusion
Thus, Article 75 of the Indian Constitution lays down the foundation of the parliamentary system of government in India by defining the role and responsibilities of the Prime Minister. The Prime Minister is the head of the government and is responsible for the governance of the country.

A member can raise a point of order when proceedings of the House do not follow the normal rules of procedure. A point of order should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House and should raise a question that is within the cognizance of the Speaker. It is usually raised by an opposition member in order to control the government. It is an extraordinary device as it suspends the proceedings before the House.

Under the Rules of Lok Sabha, the Speaker nominates from amongst the members a panel of not more than ten chairpersons. Any of them can preside over the House in the absence of the Speaker of the Deputy Speaker. He has the same powers as the Speaker when so presiding. He holds office until a new panel of chairpersons is nominated. When a member of the panel of chairpersons is also not present, any other person as determined by the House acts as the Speaker. It must be emphasised here that a member of the panel of chairpersons cannot preside over the House when the office of the Speaker or the Deputy Speaker is vacant. During such time, the Speaker's duties are to be performed by such members of the House as the President may appoint for the purpose. The elections are held, as soon as possible, to fill the vacant posts.

Parliament's Power to Make Laws on State List Subjects

Statement 1: Parliament can make laws on a matter in the state list if the Rajya Sabha says that it is necessary in the national interest that Parliament should make laws on that matter.

This statement is correct. Article 249 of the Constitution of India empowers Parliament to make laws on any matter in the State List if the Rajya Sabha passes a resolution by a two-thirds majority of the members present and voting that it is necessary in the national interest to do so. However, such a law can only be made for a specified period, not exceeding one year.

Statement 2: This resolution must be supported by two-thirds of the members of Rajya Sabha, present and voting.

This statement is also correct. As per Article 249, the resolution must be supported by not less than two-thirds of the members present and voting. This means that at least two-thirds of the members present in the Rajya Sabha must vote in favor of the resolution for it to be passed.

Statement 3: The resolution remains in force only for 6 months.

This statement is incorrect. According to Article 249, the law made by Parliament on a matter in the State List remains in force only for as long as the Rajya Sabha resolution supporting it is in force. The resolution can be passed for a maximum period of one year, but it can also be revoked by the Rajya Sabha at any time.

Conclusion:

Therefore, the correct answer is option 'A' i.e 1 and 2 Only. Parliament can make laws on a matter in the state list if the Rajya Sabha says that it is necessary in the national interest that Parliament should make laws on that matter, and this resolution must be supported by two-thirds of the members of Rajya Sabha, present and voting.

• Statement 1 is correct: The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha are indeed the ex-officio presidents of the respective parliamentary groups.
• Statement 2 is also correct: The Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha serve as the ex-officio Vice Presidents of the respective parliamentary groups.

Proportional representation

Proportional representation is a system of electoral representation in which the number of seats that a political party or group of candidates receives in a legislature or parliament is proportional to the number of votes it receives in an election. This system aims to address the limitations of territorial representation, where only a single representative is elected to represent a geographical constituency, regardless of the size or diversity of the population within that constituency.

Statement 1: The system of proportional representation aims at removing the defects of territorial representation.

This statement is correct. The system of proportional representation is designed to overcome the limitations of territorial representation by ensuring that all sections of the population are represented in proportion to their numbers. It seeks to address the problem of under-representation of minority groups or smaller sections of the population that often occurs in territorial representation systems.

Statement 2: Under this system, all sections of the people get representation in proportion to their number.

This statement is correct. Proportional representation aims to provide fair and equitable representation to all sections of the population. By allocating seats in proportion to the votes received by each political party or group, the system ensures that the composition of the legislature reflects the diversity and preferences of the electorate. This helps to ensure that all sections of the people have a voice in the decision-making process.

Statement 3: Even the smallest section of the population gets its due share of representation in the legislature.

This statement is correct. One of the key advantages of proportional representation is that it allows even the smallest sections of the population to have their voices heard and their interests represented in the legislature. In territorial representation systems, smaller sections of the population may often be ignored or marginalized due to their numerical disadvantage. However, under proportional representation, every vote counts, and even the smallest sections of the population can secure representation in proportion to their numbers.

Conclusion

In conclusion, all three statements are correct. The system of proportional representation aims to address the defects of territorial representation by providing fair and equitable representation to all sections of the population, including the smallest sections. This system ensures that the composition of the legislature reflects the diversity and preferences of the electorate, thus promoting a more inclusive and representative democracy.

If a disqualified person is elected to the Parliament, the Constitution lays down no procedure to declare the election void. This matter is dealt with by the Representation of the People Act (1951), which enables the high court to declare an election void if a disqualified candidate is elected.

Total members in Rajya Sabha are 245. Total members in Lok Sabha are 545. UP has the highest number of seats in Lok Sabha. Sikkim, Mizoram, Nagaland have just 1 seat in Lok Sabha.

Under Article 368(2), Parliament can amend the constitution by passing a Bill in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.

Calling Attention Motion It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance and to seek an authoritative statement from him on that matter. Like the zero hours, it is also an Indian innovation in the parliamentary procedure and has been in existence since 1954. However, unlike the zero hours, it is mentioned in the Rules of Procedure.

Consultative Committees Formation These committees are constituted by the Ministry of Parliamentary Affairs. These are normally constituted after the new Lok Sabha is constituted. This implies that these committees stand dissolved upon dissolution of every Lok Sabha and thus, are reconstituted upon the constitution of each Lok Sabha. Composition The guidelines regarding the composition, functions and procedures of these committees are formulated by the Ministry of Parliamentary Affairs. The same Ministry also makes arrangements for holding their meetings both during the session and the intersession period of Parliament. These consist of members of both the Houses of Parliament. However, the membership of these committees is voluntary and is left to the choice of the members and the leaders of their parties. The maximum membership of a committee is 30 and the minimum is 10. Functions These committees are attached to various ministries/departments of the Central Government. The Minister/Minister of State in charge of the Ministry concerned acts as the chairman of the consultative committee of that ministry. These provide a forum for informal discussions between the ministers and the members of Parliament on policies and programmes of the government and the manner of their implementation. The Consultative Committees are not Parliamentary Committees. A parliamentary committee means a committee that: Is appointed or elected by the House or nominated by the Speaker/Chairman. Works under the direction of the Speaker/Chairman. Presents its report to the House or to the Speaker/Chairman Has a secretariat provided by the Lok Sabha/Rajya Sabha.

Statement 1: If a person is elected to both the Houses of Parliament, he must intimate within 14 days in which House he desires to serve.

Statement 2: In default of such intimation, his seat in the Rajya Sabha becomes vacant.

Statement 3: If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.

Explanation:
Statement 1: If a person is elected to both the Houses of Parliament, he must intimate within 14 days in which House he desires to serve.

The Constitution of India allows a person to be a member of both the Lok Sabha (Lower House) and the Rajya Sabha (Upper House) simultaneously. However, if a person is elected to both Houses, he must inform within 14 days in which House he desires to serve. This is to ensure that the person does not hold membership in both Houses simultaneously, as it may lead to conflict of interest and overlapping responsibilities.

Statement 2: In default of such intimation, his seat in the Rajya Sabha becomes vacant.

If a person fails to intimate within 14 days about his choice of House, his seat in the Rajya Sabha becomes vacant. This means that the person will no longer be considered a member of the Rajya Sabha and his seat will be declared vacant. This provision ensures that there is no ambiguity or confusion regarding the person's membership in either House.

Statement 3: If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.

If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant. This provision ensures that a person cannot simultaneously hold membership in both Houses. It is important to note that this provision applies only to sitting members who get elected to the other House. If a person is elected to both Houses in the same election, he must choose within 14 days as mentioned in Statement 1.

Conclusion:
From the above explanations, we can conclude that Statement 2 and Statement 3 are correct. If a person fails to intimate within 14 days about his choice of House, his seat in the Rajya Sabha becomes vacant (Statement 2). Additionally, if a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant (Statement 3). Therefore, the correct answer is option B) 2 and 3 Only.

Understanding the Statements
To evaluate the correctness of the statements regarding the British and Indian parliamentary systems, let's break them down:
1. Prime Minister in the British Parliamentary System
- The statement is correct. In the British parliamentary system, the Prime Minister is typically a member of the House of Commons, which is the lower house of Parliament. This is a fundamental characteristic of the system, emphasizing the importance of representation and accountability.
2. Sovereignty of India's Parliament
- The statement is incorrect. While India's Parliament is sovereign in the sense that it can make laws for the country, it operates within the framework of a federal system. Federalism divides powers between the central and state governments, which limits the absolute sovereignty enjoyed by the British Parliament.
3. Concept of Shadow Cabinet in India
- The statement is incorrect. The "shadow cabinet" is a feature of the British parliamentary system where the main opposition party forms a team to scrutinize and challenge the government. India does not have a formal shadow cabinet system. Instead, opposition parties may have leaders or spokespersons for various ministries, but this is not the same as a shadow cabinet.
Conclusion
Given this analysis:
- Correct Answer: Option 'A' (1 Only).
The only accurate statement is that the Prime Minister must be a member of the House of Commons in the British parliamentary system.

Additionally, the system of proportional representation has the following demerits

Explanation:

Statement-I:
- The Prime Minister can advise the President to dissolve the Lok Sabha, leading to fresh elections. This statement is correct as per the Constitution of India.
- The Prime Minister, being the head of the government, can advise the President on matters related to the dissolution of the Lok Sabha.

Statement-II:
- Ministers in the parliamentary system are accountable to the Parliament for their actions. This statement is incorrect as ministers are accountable to the Prime Minister and not directly to the Parliament.
- The principle of collective responsibility holds that the Council of Ministers, including the Prime Minister, are collectively responsible to the Lok Sabha, and individual ministers are accountable to the Prime Minister.
Therefore, the correct answer is option 'C' - Statement-I is correct, but Statement-II is incorrect.

The Supreme Court can strike down certain provisions/amendments of the Indian Constitution if it feels that the provisions are unconstitutional or alter the basic structure of the constitution. But striking down does not take away the provisions from the Constitution. To take away the provisions, Parliament has to present a Constitution Amendment bill to repeal the provisions.

B

Explanation:
The Indian Parliament is composed of two houses- Rajya Sabha and Lok Sabha. Both houses have different functions and represent different sections of Indian society.

Representation of Rajya Sabha

The Rajya Sabha is the upper house of the Indian Parliament. It represents the states of the Indian Federation. Members of the Rajya Sabha are elected by the Legislative Assembly of each state. Each state is represented by a fixed number of members, regardless of its population. The Rajya Sabha represents the interests of states and their people by giving them a platform to voice their concerns and opinions. It is also responsible for ensuring that the federal equilibrium is maintained by protecting the interests of states against the undue interference of the Centre.

Representation of Lok Sabha

The Lok Sabha is the lower house of the Indian Parliament. It represents the people of India as a whole. Members of the Lok Sabha are directly elected by the people of India through the electoral process. The Lok Sabha represents the diversity of India by giving a voice to people from different regions, religions, and social backgrounds. The Lok Sabha is responsible for making laws, approving budgets, and holding the government accountable for its actions.

Importance of the Rajya Sabha

The Rajya Sabha plays a critical role in the Indian parliamentary system. Its members are elected for a six-year term, and one-third of the members retire every two years. This ensures that there is a continuous flow of experienced members who can provide stability and guidance to the legislative process. The Rajya Sabha also has the power to initiate legislation, which can be a useful tool for addressing long-term issues that may not be a priority for the Lok Sabha.

Conclusion

In conclusion, both the Rajya Sabha and Lok Sabha are essential components of the Indian Parliament. While the Lok Sabha represents the people of India as a whole, the Rajya Sabha represents the states of the Indian Federation. The Rajya Sabha is also responsible for maintaining the federal equilibrium by protecting the interests of states against the undue interference of the Centre. Together, both houses play a critical role in ensuring that the Indian democracy remains strong and vibrant.

Rajya Sabha does not have a committee in absence of members and committee on private members' bills and resolutions.

Explanation:

Statement-I: Parliamentary systems often lack continuity in long-term policies due to government tenure uncertainties.
- This statement is correct because in a parliamentary system, the government's tenure is dependent on the support of the majority in the parliament. If the government loses a vote of confidence or fails to pass key legislation, it may lead to early elections and a change in government. This can result in a lack of continuity in long-term policies as new governments may have different agendas and priorities.

Statement-II: The system provided better representation for various sections, interests, and regions, fostering national unity and inclusivity.
- This statement is incorrect. While parliamentary systems do provide for better representation of various sections, interests, and regions through the proportional representation system, it does not necessarily foster national unity and inclusivity. In fact, the multi-party system in parliamentary systems can sometimes lead to fragmented politics and regionalism, which may hinder national unity.
Therefore, the correct answer is option 'C' - Statement-I is correct, but Statement-II is incorrect.

Parliament and the State legislatures have exclusive powers to legislate on items in the Union List and the State List respectively. Both can legislate on items in the Concurrent List. However, foreseeing the possibility of a situation in which legislation might be required on matters that are not mentioned in any of the three Lists, the Founding Fathers made residuary provisions in Article 248 of the Constitution and Entry 97 of the Union List. The residuary powers of legislation are vested in Parliament.

Committee on Public Accounts: This Committee consists of 15 members elected by the Lok Sabha and 7 members of the Rajya Sabha are associated with it.

Rules Committee Every house of Parliament has a rules committee which considers the issues related to procedure and conduct of the business in that house and suggest necessary amendments in the rules. The Lok Sabha committee has 15 members and the Speaker is its ex-officio chairman. Rajya Sabha committee has 16 members and Vice-President is its ex-officio Chairman.

The Speaker is the ex-officio President of all the parliamentary forums except the Parliamentary Forum on Population and Public Health where the chairman of Rajya Sabha is the ex-officio President and the Speaker of the Lok Sabha is ex-officio Co-President.