Laxmikanth Test: Parliamentary System - 2 - UPSC MCQ

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.

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.

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.

No debate is allowed on a point of order.

Explanation:

Both statements are correct.

1. Indian Parliamentary Group (IPG) is an autonomous body that works to promote and foster a sense of understanding, goodwill, and fellowship among members of the Parliament. It was formed in 1949 and functions under the overall guidance of the Presiding Officers of both Houses of Parliament in India.

2. The membership of the IPG is indeed open to all members of the Parliament, both from the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This includes current members and those who have been members in the past. Membership is voluntary, and members can join by paying a nominal fee.

 

 

The correct answer is:

2. Both 1 and 2

Explanation:

• 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.

Both statements accurately describe the roles within the parliamentary groups in India.

The CPA is an association of about 17000 Commonwealth Parliamentarians spread over 175 National, State, Provincial and Territorial Parliaments. Its aims are to promote knowledge and understanding of the constitutional, legislative, economic, social and cultural systems within a parliamentary democratic framework with particular reference to the countries of the Commonwealth of Nations and to countries having close historical and parliamentary associations with it. Its mission is to promote the advancement of parliamentary democracy.

 

 

If the motion is admitted, the speaker or chairman (who receives it) will constitute a three-member committee to investigate the complaint. It will comprise: (i) a Supreme Court judge; (ii) chief justice of a high court; and (iii) a distinguished jurist.

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.

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”.

• Parliament makes laws on subjects in State List in the following scenarios - When Rajya Sabha passes a resolution to that effect - Parliament can make laws on a matter in the state list if the Rajya Sabha says that it is necessary for the national interest that Parliament should make laws on that matter.

• This resolution must be supported by two-thirds of the members of Rajya Sabha, present and voting. The resolution remains in force only for one year. It can be renewed again and again but not exceeding one year at a time.

• The laws made under the resolution to cease to have an effect on the expiration of six months after the resolution has ceased to be in force. The state legislature too can make laws on the same matter, but, in case of conflict parliamentary law prevails. During a National Emergency - When a proclamation of national emergency is in operation, parliament can legislate on subjects of the state list.

• Here too the laws become ineffective on the expiry of six months after the emergency has ceased to operate. Here again, states can make laws but in case of conflict parliamentary law prevails. When States make a request for it - Parliament can also make laws on subjects in the state list when the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on that matter.

• This law enacted by the Parliament will apply only to the concerned states i.e., states who have passed such a resolution. But even other states are allowed to adopt the law by passing a resolution in their legislatures. However, only Parliament can amend or repeal such a law.

• Like in any other federation, the Centre and the states also have their separate public services called as the Central Services and the State Services respectively. In addition, there are all India services-IAS, IPS and IFS. Article 312 of the Constitution authorises the Parliament to create new All-India Services on the basis of a Rajya Sabha resolution to that effect.

• Each of these three all-India services, irrespective of their division among different states, form a single service with common rights and status and uniform scales of pay throughout the country.

The council of ministers shall be collectively responsible to the Lok Sabha - Article 75 This provision is the foundation of the parliamentary system of government.

• Though the Constitution has adopted the system of proportional representation in the case of Rajya Sabha, it has not preferred the same system in the case of Lok Sabha. Instead, it has adopted the system of territorial representation for the election of members to the Lok Sabha.

• Under territorial representation, every member of the legislature represents a geographical area known as a constituency. From each constituency, only one representative is elected. Hence such a constituency is known as a single-member constituency.

• In this system, a candidate who secures a majority of votes is declared elected. This simple majority system of representation does not represent the whole electorate. In other words, it does not secure due representation to minorities (small groups).

• The system of proportional representation aims at removing the defects of territorial representation. Under this system, all sections of the people get representation in proportion to their number.

Additionally, the system of proportional representation has the following demerits

1. It is highly expensive.

2. It does not give any scope for organising byelections.

3. It eliminates intimate contacts between voters and representatives.

4. It promotes minority thinking and group interests.

5. It increases the significance of the party system and decreases that of the voter

If a person is elected to both the houses of parliament, he must intimate within 10 days in which House he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant. If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.

The Rajya Sabha (first constituted in 1952) is a continuing chamber, that is, it is a permanent body and not subject to dissolution. However, one-third of its members retire every second year. Their seats are filled up by fresh elections and presidential nominations at the beginning of every third year. The retiring members are eligible for re-election and renomination any number of times.

Since the question is asking about an incorrect statement then 2 onliy i.e option B is the answer.

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.

Final interpreter & guardian of Indian Constitution is the Supreme Court. It is the highest judicial forum and final court of appeal under the Constitution of India. It consists of the Chief Justice of India and 30 other judges; it has extensive powers in the form of original, appellate and advisory jurisdictions.

He acts as the ex-officio chairman of the Indian Parliamentary Group which acts as a link between the Parliament of India and the various parliaments of the world. He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.

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.

The correct answer is 4 (None of them).

Both statements are correct:

1. The Council of States (Rajya Sabha) is indeed designed to maintain the federal character of India by representing the states in the Parliament.

2. The number of members from a state in the Rajya Sabha depends on the population of the state, as larger states have more representatives than smaller states.

So, neither statement 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.

Both statements are correct.

A parliamentary committee is a committee that is appointed or elected by the Speaker/Chairman or nominated by the House, and it works under the direction of the Speaker/Chairman. Parliamentary committees are an integral part of the parliamentary system and are responsible for scrutinizing legislation, conducting inquiries, and holding the government accountable.

Functions -

1. To examine the appropriation accounts and the financial accounts of the Union government and any other accounts laid before the Lok Sabha.

2. The appropriation accounts compare the actual expenditure with the expenditure sanctioned by the Parliament through the Appropriation Act, while the finance accounts show the annual receipts and disbursements of the Union Government.

3. In scrutinizing the appropriation accounts and the audit report of CAG on it, the committee has to satisfy itself that - (a) the money that has been disbursed was legally available for the applied service or purpose; (b) the expenditure conforms to the authority that governs it, and (c) every re-appropriation has been made in accordance with the related rules.

4. To examine the accounts of state corporations, trading concerns and manufacturing projects and the audit report of CAG on them (except public undertakings).

5. To examine the accounts of autonomous and semi-autonomous bodies, the audit of which is conducted by the CAG.

6. To consider the report of the CAG relating to the audit of any receipt or to examine the accounts of stores and stocks.

7. To examine the money spent on any service during a financial year in excess of the amount granted by the Lok Sabha for that purpose. In the fulfilment of the above functions, the committee is assisted by the CAG.

This committee considers all applications from members for leave of absence from the sittings of the House, and examines the cases of members who have been absent for a period of 60 days or more without permission. It is a special committee of the Lok Sabha and consists of 15 members. There is no such committee in the Rajya Sabha and all such matters are dealt with by the House itself.

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.

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.

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

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.

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.

The members are elected through the principle of proportional representation by means of the single transferable vote in both the houses. The term of the Committee is one year. The chairman of the committee is appointed by the Speaker of the Lok Sabha from amongst the members of the committee.