Laxmikanth Test: Parliamentary System - 1 - UPSC

Article 312 of the Constitution of India empowers the Parliament to create new All India Services other than the All India Judicial Service (AIJS). However, before creating any new service, a resolution must be passed by the Rajya Sabha with a majority of not less than two-thirds of the members present and voting, declaring that it is necessary or expedient in the national interest to do so. Once the resolution is passed, Parliament may create such new service by passing a law.

Therefore, statement 1 is correct. Statement 2 is also correct, as the Rajya Sabha resolution must be supported by two-thirds of the members present and voting.

Private Member's Resolution: It is one moved by a private member (other than a minister). It is discussed only on alternate Fridays and in the afternoon sitting. Government Resolution: It is one that is moved by a minister. It can be taken up any day from Monday to Thursday. Statutory Resolution: It can be moved either by a private member or a minister. It is so-called because it is always tabled in pursuance of a provision in the Constitution or an Act of Parliament.

The scheme of Youth Parliament was started on the recommendation of the Fourth All India Whips Conference. Its objectives are: 1. to acquaint the younger generations with practices and procedures of Parliament; 2. to imbibe the spirit of discipline and tolerance cultivating character in the minds of youth; Band 3. to inculcate in the student community the basic values of democracy and to enable them to acquire a proper perspective on the functioning of democratic institutions. The ministry of parliamentary affairs provides necessary training and encouragement to the states in introducing the scheme.

It is introduced in the Parliament to draw the attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. The discussion on an adjournment motion should last for not less than two hours and thirty minutes.

The presiding officer (Speaker or Chairman) declares the House adjourned sine die when the business of the session is completed. Within the next few days, the governor issues notification for the prorogation of the session. However, the governor can also prorogue the House which is in session. Unlike an adjournment, a prorogation terminates a session of the House.

The correct option is "1 and 3 Only."

Statement 1 is correct. A Money Bill cannot be introduced in the Legislative Council of a state, as per Article 198 of the Indian Constitution.

Statement 2 is correct. A Money Bill can only be introduced in the Legislative Assembly, but it is not necessary for it to be introduced on the recommendation of the governor. 

Statement 3 is correct. Every Money Bill is considered to be a government bill, and it can only be introduced by a minister.

Explanation:
1. A Money Bill can only be introduced in the Lower House of the Parliament, i.e., the Lok Sabha in the case of the central government, and in the Legislative Assembly in the case of the state government. So, this statement is correct.

2. The Legislative Council cannot amend a Money Bill. It can only make recommendations. The Legislative Assembly has the power to either accept or reject these recommendations. Therefore, this statement is incorrect.

3. Once a Money Bill is passed by the Legislative Assembly, it is sent to the Legislative Council. The Council cannot withhold the Bill for more than 14 days. If it does not return the Bill within this period, it is deemed to have been passed by both Houses. Therefore, this statement is correct.

Council of Ministers is collectively responsible only to the Assembly.

The functions of the Parliament are varied, complex and voluminous. It has neither the adequate time nor necessary expertise to make a detailed scrutiny of all legislative measures and other matters. Hence, it is assisted by a number of committees in the discharge of its duties. The Constitution of India mentions these committees, but without any specific provisions regarding their composition, tenure, functions etc. All these matters are dealt with by the rules of two Houses. Accordingly, a parliamentary committee means a committee that - (a) Is appointed or elected by the House or nominated by the Speaker/Chairman

1. (b) Works under the direction of the Speaker/Chairman. (c) Presents its report to the House or to the Speaker/Chairman. (d) Has a secretariat provided by the Lok Sabha/Rajya Sabha? The consultative committees, which also consist of members of Parliament, are not parliamentary committees as they do not fulfil above four conditions. A Minister is not eligible for election or nomination to the Financial Committees, Departmental Standing Committees, Committees on Empowerment of Women, Government Assurances, Petitions, Subordinate Legislation and Welfare of Scheduled Castes and Scheduled Tribes. Broadly, Parliamentary Committees are of 2 types - Standing Committees and Ad Hoc Committees. Standing Committees are permanent (constituted every year or periodically) and work on a continuous basis. Ad hoc Committees are temporary and cease to exist on completion of the task assigned to them. Standing Committees - On basis of the nature of functions, standing committees can be classified into six categories - 1. Financial Committees - (a) Public Accounts Committee. (b) Estimates Committee. (c) Committee on Public Undertakings.

2. Departmental Standing Committees (24 in number).

3. Committees to Inquire - (a) Committee on Petitions. (b) Committee of Privileges. (c) Ethics Committee.

4. Committees to Scrutinize and Control- (a) Committee on Government Assurances. (b) Committee on Subordinate Legislation. (c) Committee on Papers Laid on the Table. (d) Committee on Welfare of SCs and Sts. (e) Committee on Empowerment of Women. (f) Joint Committee on Offices of Profit.

5. Committees Relating to the Day-to-Day Business of the House - (a) Business Advisory Committee. (b) Committee on Private Members’ Bills and Resolutions. (c) Rules Committee. (d) Committee on Absence of Members from Sittings of the House.

6. House-Keeping Committees or Service Committees (i.e., Committees concerned with the Provision of Facilities and Services to Members) - (a) General Purposes Committee. (b) House Committee. (c) Library Committee. (d) Joint Committee on Salaries and Allowances of Members.

Consultative committees are attached to various ministries/departments of the Central Government. They consist of members of both the Houses of Parliament. The Minister/Minister of State in charge of the Ministry concerned acts as the chairman of the consultative committee of that ministry. These committees 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. These committees are constituted by the Ministry of Parliamentary Affairs. The guidelines regarding the composition, functions and procedures of these committees are formulated by this Ministry. The Ministry also makes arrangements for holding their meetings both during the session and the intersession period of Parliament. 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. These committees are normally constituted after the new Lok Sabha is constituted, after General Elections for the Lok Sabha. Thus, these committees shall stand dissolved upon dissolution of every Lok Sabha and shall be reconstituted upon the constitution of each Lok Sabha. Also, separate Informal Consultative Committees of the members of Parliament are also constituted for all the Railway Zones. Members of Parliament belonging to the area falling under a particular Railway Zone are nominated on the Informal Consultative Committee of that Railway Zone. Unlike the Consultative Committees attached to various ministries/departments, the meetings of the Informal Consultative Committees are to be arranged during the session periods only.

1. To examine the reports and accounts of public undertakings.

2. To examine the reports of the Comptroller and Auditor General on public undertakings.

3. To examine (in the context of autonomy and efficiency of public undertakings) whether the affairs of the public undertakings are being managed in accordance with sound business principles and prudent commercial practices.

4. To exercise such other functions vested in the public accounts committee and the Estimates Committee in relation to public undertakings which are allotted to it by the Speaker from time-to-time.

The committee cannot examine and investigate -

1. Matters of major government policy as distinct from business or commercial functions of the public undertakings.

2. Matters of day-to-day administration.

3. Matters for the consideration of which machinery is established by any special statute under which a particular public undertaking is established.

Effectiveness of the committee is limited by -

1. It cannot take up the examination of more than ten to twelve public undertakings in a year.

2. Its work is in the nature of a post-mortem.

3. It does not look into technical matters as its members are not technical experts.

4. Its recommendations are advisory and not binding on the ministries.

They cannot be arrested during the session of the state legislature and 40 days before the beginning and 40 days after the end of such session.

The Constitution has also extended the privileges of the state legislature to those persons who are entitled to speak and take part in the proceedings of a House of the state legislature or any of its committees. These include the advocate-general of the state and state ministers. Privileges of the state legislator do not extend to the Governor.

Voting of credit is allowed to meet the unexpected demand on India's resources, which cannot be told with the details given in the budget, due to the magnitude of the uncertain character of service. Therefore, it is like a blank check given to the executive by the Lok Sabha. Excess Grant - it is an excess amount, which is given to the ruling party, on the service which already has been spent it’s all allowance given before. The excess must be approved by the Public Accounts Committee of Parliament.

The Rajya Sabha consists of the representatives of the states and thus reflect the federal element of the polity. It maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre. Therefore, it has to be an effective revising body and not just an advisory body or dilatory body like that of the council.

Each standing committee consists of 31 members (21 from Lok Sabha and 10 from Rajya Sabha). The members of the Lok Sabha are nominated by the Speaker from amongst its own members, just as the members of the Rajya Sabha are nominated by the Chairman from amongst its members.

Both statements are generally correct for the parliamentary system.

In a parliamentary system, the executive authority is typically vested in a group of individuals, such as a cabinet or council of ministers, rather than a single person. The executive is responsible to the parliament and can be removed by a vote of no-confidence. This is in contrast to a presidential system, where the president is both the head of state and head of government and is not accountable to the legislature in the same way.