Test: Parliament and State Legislatures - 2 - CLAT PG MCQ

A Speaker or Deputy Speaker vacates their office if they cease to be a member of the House of the People. This includes situations such as resignation, removal by a majority resolution, or if they are no longer eligible as members. This provision ensures that only active members of the Lok Sabha can hold these significant positions.

According to Article 75(5), if a Minister is not a member of either House of Parliament for six consecutive months, they automatically cease to be a Minister. This rule ensures that all Ministers remain accountable to the legislature.

Article 93 pertains specifically to the election of the Speaker and Deputy Speaker of the House of the People (Lok Sabha). It mandates that these officials must be elected from among the members as soon as possible after the formation of the House, highlighting the importance of effective leadership in parliamentary functioning.

Collective responsibility means that the entire Cabinet is responsible for the actions of any of its members. This principle ensures Cabinet solidarity, where all members support decisions made, reinforcing the idea that the government acts as a unified body accountable to Parliament.

If the Council of Ministers loses the confidence of the Lok Sabha, it must resign unless the Lok Sabha is dissolved. This principle ensures that the government remains accountable to the elected representatives of the people, maintaining democratic governance.

Article 74 of the Indian Constitution establishes the Council of Ministers, which is led by the Prime Minister. This article outlines the Council's responsibility to assist and advise the President in exercising their functions, forming a key part of the executive structure.

The Speaker has the important role of deciding whether a bill is classified as a money bill or not. This classification is significant because it determines the procedures that must be followed for discussion and approval in the Lok Sabha, thereby influencing legislative priorities and processes.

The President has the authority to request the Council to reconsider their advice, as stated in Article 74. This means that while the President is expected to act according to the advice, there is a provision for reconsideration, demonstrating a balance of power.

The 52nd Amendment Act significantly reformed the political landscape in India by establishing clear grounds for the vacation of seats and disqualification of members due to defection. This was aimed at stabilizing the political environment and reinforcing the integrity of democratic institutions, reflecting a commitment to curbing the practice of political defections that undermine governance.

Article 167 outlines the Chief Minister's duties regarding communication with the Governor, including informing the Governor about decisions made by the Council of Ministers. This establishes the Chief Minister's role in maintaining transparency and accountability in state governance.

The Speaker of the Lok Sabha is primarily responsible for maintaining order and decorum within the House. This role involves ensuring that debates are conducted fairly and that members adhere to parliamentary rules. The Speaker also has the authority to take disciplinary action against members if necessary, which underscores their critical function in facilitating orderly legislative proceedings.

One of the criticisms of the Anti-Defection Law is that the Speaker may lack impartiality when making decisions regarding disqualifications due to their affiliation with a political party. This concern arises from the perception that the Speaker may prioritize party loyalty over fair adjudication, potentially compromising their role as an independent authority.

Ministers, including the Prime Minister, must take oaths of office and secrecy, as per Article 75(4). These oaths are significant because they ensure confidentiality in Cabinet discussions, protecting sensitive information and maintaining trust within the government.

If both the Speaker and Deputy Speaker are absent during a session, a member present in the House is chosen to act as Speaker according to the House's rules. This ensures that legislative business can continue without disruption, maintaining the functioning of parliamentary democracy.

Article 163 states that the Chief Minister heads the Council of Ministers and is responsible for advising the Governor. This indicates the Chief Minister's primary role in the state's executive function while ensuring that the government operates within a parliamentary framework.

Article 75(3) indicates that the Prime Minister is responsible for communicating the decisions of the Council of Ministers to the President. This role is vital to maintain the flow of information and ensure that the President is aware of government actions and policies.

When a resolution to remove the Speaker is being considered, the Speaker cannot preside over the meeting, even if they are present. This rule ensures fairness in the proceedings and prevents any conflict of interest, allowing the House to deliberate on the resolution impartially.

A member of the Lok Sabha can be disqualified under the Anti-Defection Law if they voluntarily give up their membership of the political party to which they belong. This provision aims to prevent political instability caused by frequent defections, which can undermine the democratic process.

The Prime Minister leads the Union Council of Ministers, assisting and advising the President of India in the exercise of presidential functions. This role is crucial as it establishes the Prime Minister as the head of the executive branch, coordinating between the Council and the President.

The Deputy Speaker of the Lok Sabha assists the Speaker in their duties and presides over the sessions of the Lok Sabha in the Speaker's absence. This role is crucial for maintaining continuity in the legislative process, ensuring that discussions and debates can proceed without interruption.