All questions of Parliamentary System for UPSC CSE Exam

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.

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.

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.

Understanding the Statements
The question presents two statements regarding the functioning of the legislative assembly in India, specifically concerning the roles of the Speaker and the Deputy Speaker.
Statement 1 Analysis
- A member of the panel of chairpersons cannot preside over the House when the office of the Speaker or the Deputy Speaker is vacant.
- This statement is correct. According to parliamentary rules, when both the Speaker and Deputy Speaker positions are vacant, no member from the panel can assume the presiding role.
Statement 2 Analysis
- During the vacancy of the Speaker's office, the Speaker's duties are to be performed by such member of the House as the President may appoint for the purpose.
- This statement is also correct. In the absence of a Speaker, the President of India has the authority to appoint a member of the House to carry out the duties of the Speaker until a new Speaker is elected.
Conclusion
- Since Statement 1 is incorrect and Statement 2 is correct, the answer to the question is option 'A' (2 Only).
Summary of Key Points
- Statement 1: Incorrect - A panel member cannot preside when both Speaker and Deputy Speaker are vacant.
- Statement 2: Correct - The President can appoint a member to perform Speaker's duties during a vacancy.
Thus, the correct answer is option 'A'.

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.

The Constitution provides for a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha represents the states of Indian Federation, while the Lok Sabha represents the people of India as a whole. The Rajya Sabha (even though a less powerful chamber) is required to maintain the federal equilibrium by protecting the interests of states against the undue interference of the centre.

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.

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.

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.

Understanding the Rajya Sabha
The Rajya Sabha, or the Council of States, is the upper house of India's Parliament. It plays a crucial role in the legislative process and represents the states and union territories of India.
Statement Analysis
1. Retirement of Members
- One-third of the members of the Rajya Sabha do indeed retire every second year. This process ensures a staggered election cycle, maintaining continuity within the house.
- Thus, Statement 1 is correct.
2. Filling of Vacancies
- The statement mentions that the seats of the retiring members are filled by fresh elections and presidential nominations at the end of the second year. This is where the confusion arises.
- In reality, the elections for the vacant seats occur at the end of the two-year term when the members retire. However, appointments made by the President are not necessarily done at the end of the second year; they can occur anytime during the term.
- Therefore, Statement 2 is incorrect.
Conclusion
Based on the analysis, the correct answer to the question is option B: 2 Only. This indicates that while the retirement of members is accurately described, the process of filling their seats via presidential nominations is misleading, leading to the conclusion that only the second statement is incorrect.

B

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.

Additionally, the system of proportional representation has the following demerits

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.

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.

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.

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.

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.

Understanding the Rajya Sabha Committees
The Rajya Sabha, as the upper house of India's Parliament, has various committees to facilitate its functioning. However, not all mentioned options are official committees of the Rajya Sabha.
Key Committees of Rajya Sabha
- Business Advisory Committee: This committee plays a crucial role in scheduling the business of the house. It determines the agenda for the sessions and prioritizes discussions.
- Committee on Private Members' Bills and Resolutions: This committee examines bills and resolutions proposed by members who are not part of the government. It assesses their viability and decides which can be taken up for discussion.
Non-Existent Committees
- Committee on the Absence of Members: This option does not refer to a recognized committee within the Rajya Sabha. There is no formal committee dedicated solely to addressing or managing the absence of members.
- Both B & C: Since option B is indeed a committee while option C is not, the correct answer indicates that the Rajya Sabha does not have a committee specifically addressing the absence of members.
Conclusion
In summary, while the Rajya Sabha has essential committees like the Business Advisory Committee and the Committee on Private Members' Bills, it does not have a committee focused on the absence of members. Thus, the correct answer is option D, which states that both B and C are not established committees.

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.

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.

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.