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At the joint sitting of parliament a bill has to be passed
  • a)
    By a simple majority of the total number of members of both houses present and voting
  • b)
    By a simple majority of the total number of members of both houses
  • c)
    By a 2/3rd majority of the total number of members of both houses present and voting
  • d)
    By a 2/3rd majority of the total number of members of both houses present
Correct answer is option 'A'. Can you explain this answer?
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At the joint sitting of parliament a bill has to be passeda)By a simpl...
A is the correct option.A bill which requires a special majority in both the houses (e.g. Constitution Amendment Bill) cannot be introduced in a Joint Session of Parliament. Only the bills which require simple majority in both houses and where the Lok Sabha and the Rajya Sabha are having conflict, can be introduced/passed in a Joint Session of Parliament.
In a joint sitting of Parliament, a bill is passed simply by the majority of the both the members of the house present and voting. Since Lok Sabha has more members as compared to Rajya Sabha therefore its influence prevails.
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Rajya Sabha Deputy Chairman Harivansh’s refusal to conduct a division of votes on two controversial pieces of legislation on Sunday, despite persistent demands from members, was unprecedented in its sheer brazenness. The Bills in question have been challenged on constitutional and practical grounds, but that is a different point. The rules of procedure regarding voting are unambiguous that if a voice vote is challenged, “votes shall be taken by operating the automatic vote recorder or by the members going into the Lobbies”. Even if a single member demands a division, it is required to be carried out. Quite often, a division of vote is demanded even when the outcome is predictable, in order to bring on record the positions of parties and members on a particular bill. The explanation that members were not demanding a division from their seats and the House was not in order is disingenuous. To begin with, the disorder was triggered by the Chair’s refusal to order a division. And curiously, the Chair went on to declare the Bills passed amid the din, this time unaffected by disorder. Significant amendments were sought and several parties had demanded that they be referred to a parliamentary select committee. The government’s claim that it had the numbers to pass the Bills is dubious in the wake of the skulduggery it deployed for their passage. In any case, regardless of which side has the majority, procedure is sacrosanct and voting is the foremost tool of establishing parliamentary authority. It cannot be reduced to an act of benevolence by the Chair or the executive.The chaos that followed in the Upper House, though not unprecedented, was unsavoury. Parliament is a deliberative forum and not a theatre for protest demonstration. Regardless of the provocation, the Opposition should have adhered to decorum while articulating its concerns. But, meaningful parliamentary discussions have become infrequent, and the voice of the Opposition is often ignored. Upper House functions have been significantly curtailed by the arbitrary labelling of money bills, which bypass it. The flat out denial of a division of votes was a new low in parliamentary history. Not stopping there, eight Opposition members were suspended for one week while notice for a no-confidence motion against the Deputy Chairman was rejected at the threshold by Chairman M. Venkaiah Naidu. Opposition parties have now petitioned President Ram Nath Kovind to not give assent to the two Bills passed by voice vote. There must be immediate efforts led by the executive to restore the effective and meaningful functioning of Parliament.On the basis of the passage, which of the following is the minimum number of members required to change the voting procedure over a bill in the house of the Parliament?

Proposed in 2007, the Lisbon Treaty was ratified by most member states in 2008, but a referendum in Ireland-the only country that put the Lisbon agreement to a public vote-rejected it on June 12, 2008, thus jeopardizing the entire treaty. More than a year later, on October 2, 2009, Ireland held a second referendum, which passed.Poland's government also had expressed reservations, but it ratified the treaty a week after the Irish vote, after securing opt-outs from EU policy on some social issues, such as abortion. The Czech Republic was the last remaining holdout: though its Parliament had ratified the treaty, the country's president, Václav Klaus, withheld his signature. Finally, after the Czech courts ruled that the treaty did not violate the country's constitution; Klaus signed it on November 3, 2009. The Lisbon Treaty, thus ratified by all 27 member states, entered into force on December 1, 2009.While it was not explicitly called a European constitution, the treaty addressed a number of issues that had been central to the 2004 EU draft constitution, an initiative that was scuttled after voters in France and the Netherlands rejected it in 2005. Under the amendments of the Lisbon Treaty, the European Community-which had provided the economic framework upon which the EU was built, disappeared, and its powers and structure were incorporated into the EU. Moreover, the office of a permanent EU president was created, with the president chosen by the leaders of the member countries from a pool of candidates that they had selected. The leader holding this two-and-a-half-year post, officially called the president of the European Council, would provide a "face" for the EU in matters of Union policy. The rotating EU presidency, whereby each member country assumes a leadership role for a period of six months, was retained, although its mandate would be narrowed. Another new position that of high representative for foreign affairs and security policy, gathered the EU's two foreign affairs portfolios into a single office, with the goal of creating a more robust and unified European foreign policy. The power of the European Parliament also was enhanced and its number of seats revised. Additionally, the Charter of Fundamental Rights, initially proposed at the Council of Nice in 2000, entered into force as part of the Lisbon Treaty. It spelled out a host of civil, political, economic, and social rights guaranteed to all citizens of the EU.For most of the decisions, 55 percent of member states, provided they represented 65 percent of the EU's population, would be able to approve a measure. This "double majority" voting rule, which represents a simplification of the former system of weighted votes, would be phased in over time. Matters of defence, foreign policy, social security, and taxation require the "double majority (DM)" rule. DM was designed to streamline decision making at the highest levels, and critics argued that it would reduce the influence of smaller countries at the expense of larger ones.Q. A bill has been introduced in the Polish Parliament to delay the signing of the Lisbon Treaty. Members of Parliament cited the reasons that the Treaty would limit Warsaw's ability to maintain its traditional Roman Catholic family policy, which only recognises marriages between a man and a woman. Additionally, it could also open the door for Germans to reclaim individual ownership rights on land granted to Poland after World War II. If this is true, then, based on the author's reasoning what could be the best defence against the delay by Poland for ratifying the Lisbon Treaty?

Direction: Read the following passage carefully and answer the questions that follow.The President of India can be removed from office by a process of impeachment for ‘violation of the Constitution’. However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’. The impeachment charges can be initiated by either House of Parliament. These charges should be signed by one-fourth of members of the House (that framed the charges), and a 14 days’ notice should be given to the President. An impeachment resolution on the President must be made by a two-thirds majority (special majority) of the total members of the originating House, to be later sent to the other House. The other House conducts an investigation of the charges made. Meanwhile, the President can defend himself through an authorised counsel. But if the second House also approves the charges levelled by a special majority, the President stands impeached. Consequently, he is deemed to have vacated his office from the date of passing the resolution. Article 124(4) of the Constitution of India lays down the procedure for impeachment of judges. A Judge of the Supreme Court must be removed from his office by order of the President. Such an order needs the approval of both the Houses of Parliament. It requires a special majority of members present and voting in the same session. The grounds of impeachment are proven misbehaviour or incapacity. It is brought to light after the submission of notice to the speaker or chairman of Lok Sabha and Rajya Sabha respectively. A committee of three jurists conducts a detailed investigation. They submit the report in the next session of both the Houses of Parliament.Q.Situation: It is alleged that a Supreme Court justice displayed bias when rendering decisions in matters involving a particular political party. Four lawmakers from the Lok Sabha and Rajya Sabha send separate notifications to the speakers of those chambers asking for the Judges resignation. If a Supreme Court judge is accused of political prejudice in a ruling, can a member of either House of Parliament independently ask for their removal?

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At the joint sitting of parliament a bill has to be passeda)By a simple majority of the total number of members of both houses present and votingb)By a simple majority of the total number of members of both housesc)By a 2/3rd majority of the total number of members of both houses present and votingd)By a 2/3rd majority of the total number of members of both houses presentCorrect answer is option 'A'. Can you explain this answer?
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