Q 4 Polity 2 March

Qts 1. Indian Parliament consists of:

(A) Lok Sabha and Rajya Sabha

(B) Lok Sabha, Rajya Sabha and Prime Minister

(D) President and both the houses

Ans.D

Exp: Our Constitution has adopted the parliamentary form of government. The Parliament is the legislative organ of the Union government.

The Parliament of India consists of three parts: the President, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The Rajya Sabha is the upper house and the Lok Sabha is the lower house. In 1954, the Hindi names 'Lok Sabha' and 'Rajya Sabha' were adopted by House of people and Council of States respectively. Although, the President is an integral part of the Parliament but he is not a member of either House of the Parliament and does not sit in the Parliament to attend its meetings. A bill passed by both the houses of Parliament does not become a law without the President's assent.

Qts 2. Who nominates the chairman of the Public Accounts Committee of Indian Parliament?

(A) The Speaker of Lok Sabha

(B) The Prime Minister

(D) The Chairman of Rajya Sabha

Ans.(A)

Exp:- The Public Account Committee (PAC) was first established in 1921 under the Government of India Act of 1919 provisions. It consists of 22 members out of which 15 are from Lok Sabha and 7 are from Rajya Sabha. The members are elected by members of Parliament every year from amongst its members according to the principle of proportional representation by means of the single transferable vote, so that all parties get due representation in it. The tenure of the members is one year. A minister cannot be elected as a member of PAC. The chairman is appointed by the Speaker of the Lok Sabha. The chairman used to be of ruling party till mid 1960s, however, now the chairman is from opposition by convention.

Functions of PAC are

1. To examine three audit reports namely audit report on appropriation accounts, audit report on finance accounts and audit report on public undertakings of CAG submitted to the President.

2. It examines the appropriation accounts and the finance accounts of the Union government and any other accounts laid before the Lok Sabha.

3. Examines the accounts of the public corporations and other such bodies whose accounts are audited by the CAG. CAG assists PAC in its work and there is a close working relationship between CAG and PAC to secure the accountability of executive in the field of financial administration. This is the reason that und Philosopher and Guide' of PAC.

Qts 3. What is the quorum to constitute a meeting of Lok Sabha?

(A) One-sixth of the total members of the house.

(B) One-tenth of the total members of the house,

(D) One-fourth of the total members of the house.

(E) One-third of the total members of the house.

Ans.B

Exp: The minimum number of members required to be present in the house before it can transact any business is known as quorum.

It is one-tenth of the total members of each house including the presiding officer. It means at least 55 members must be present in the Lok Sabha and at least 25 members must be present in the Rajya Sabha. If there is no quorum then it is the duty of the presiding officer either to adjourn the house or to suspend the meeting until there is a quorum.

Qts 4. Which one of the followinsolutelem of the Indian Constitution puts absolute limitation on the legislative power?

(A) Article 14

(B) Article 15

(D) Article 17

Ans.(A)

Exp: Besides Parliament is the supreme legislative body of India but Article 14 of the Indian Constitution declares that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This embodies the general principles of equality before law and prohibits unreasonable discrimination between persons. It embodies the idea of equality expressed in the preamble. The rule of law embodied in Article 14 is the 'basic feature' of the Constitution and hence it cannot be destroyed even by an constitutional amendment under Article 368 of the Constitution. Supreme Court in Minerva Mills Ltd vs Union of India has given the judgement that the Constitution is supreme law of the land and all laws passed by the legislature must be consistent with the provisions of the Constitution. Every organ of the State derives its authority from the Constitution and has to act within the limits of such authority and Parliament too, is a creation of the Constitution so it can only have such powers as are given under the Constitution.

Qts 5. Who among the following have the right to vote in the elections to both the Lok Sabha and the Rajya Sabha?

(A) Elected members of the Lower House of the Parliament

(B) Elected members of the Upper House of the Parliament

(D) Elected members of the Lower House of the State Legislature

Ans.(D)

Exp: The representatives of State in the Rajya Sabha are elected by the elected members of the State legislative assemblies or lower house of the State legislature. The election is held in accordance with the system of proportional representation by means of single transferable vote.

For Lok Sabha, direct elections are held and each State is divided into territorial constituencies. The elected members of the lower house of the State legislature being registered as a electorate in constituency have the Right to Vote in the Lok Sabha elections as general citizens.

Qts 6. Which one of the following is not correct with regard to the elections to the Lok Sabha?

(A) The elections are on the basis of adult suffrage

(B) The Election Commission is required to con duct the elections

(D) On the request of the Election Commission the President is required to make available to the Election Commission such staff as may be nec essary for the discharge of its situation.

Ans.(C)

Exp: Article 324 of the Indian Constitution provides for the establishment of a permanent and independent Election Commission. It provides that the power of superintendence, direction and control of elections to the Parliament, the State Legislature, the office of President of India and the office of Vice President of India shall be vested in the Election Commission. The Election Commission prepares electoral rolls and revise them periodically.

Qts7 . Who can dissolve the Lok Sabha before the expiry of its normal term of five years?

(A) The Prime Minister

(B) The President

(D) The President on the recommendation of the speaker

Ans.(C)

Exp: The Lok Sabha is not a permanent body like the Rajya Sabha. Its normal term is five years from the date of its first meeting after which it automatically dissolves. However, the President on the recommendation of the Prime Minister can dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in a court of law

Qts 8. President of India can dissolve the Lok Sabha on the recommendation of :

(A) Rajya Sabha

(B) Election Commission

(D) Cabinet

Ans.(D)

Exp: Prime Minister is the leader of the lower house and he can recommend dissolution of the Lok Sabha to President at any time. Prime Minister is the head of the Union Council of Ministers. So, Prime Minister with the advice of cabinet can take the decision and can recommend dissolution of the Lok Sabha.

Qts 9. Which one of the following legislative house can be abolished?

(A) Lok Sabha

(B) Rajya Sabha

(D) Vidhan Sabha

Ans.(C)

Exp:- Article 169 of the Indian Constitution provides for the abolition of legislative council (Vidhan Parishad) in a State where it exists as well as the creation of legislative council where it does not exist. The resolution must be passed by the legislative assembly (Vidhan Sabha) by a special majority i.e. a majority of the total membership of the assembly and a majority of not less than two-third of the members of the assembly present and voting. This is followed by an Act of Parliament and is passed like an ordinary piece of legislation i.e. by simple majority which does not involve an amendment of the Constitution.

Qts 10. Which one of the following statements is correct?

(A) Only the Rajya Sabha and not the Lok Sabha can have nominated members.

(B) There is a constitutional provision for nomi- nating two members belonging to the Anglo Indian Community to the Rajya Sabha.

(D) A nominated member can vote both in the Presidential and Vice-Presidential elections.

Ans.(C)

Exp: The Prime Minister is appointed by the President while the other ministers are appointed by the President on the advice of the Prime Minister.

The members of Parliament either of Lok Sabha or of Rajya Sabha can be appointed as minister. A person who is not a member of either House of Parliament can also be appointed as a minister. But in this case he must become a member either by election or by nomination of either House of Parliament within six months otherwise, he ceases to be a minister. Thus, there is no constitutional bar for a nominated member to be appointed as a Union Minister.

Qts 11. Which one of the following statements is not correct?

(A) In Lok Sabha, a No-Confidence motion has to set out the grounds on which it is based.

(B) In the case of a No-Confidence motion in Lok Sabha, no conditions of admissibility have been laid down in the rules.

(D) Rajya Sabha is not empowered to entertain a motion of No-Confidence.

Ans.(A)

Exp:-Article 75 of the Constitution says that the Council of Ministers shall be collectively responsible to the Lok Sabha. It means, the Lok Sabha can remove the Council of Ministers from office by passing a No-Confidence motion. The motion needs a minimum support of 50 members to be admitted.

No-Confidence Motion need not state the grounds for its adoption in the Lok Sabha. If it is passed in the Lok Sabha, the Council of Ministers must resign from office.

Qts 12.Who has control over the issue of money from the Consolidated Fund of India?

(A) Comptroller and Auditor General of India

(B) Finance Minister of India

(D) None of the above

Ans.(D)

Exp:-Article 114 of the Indian Constitution provides that no amount can be withdrawn from the Consolidated Fund of India without authorisation from the Parliament of India. For this, Parliament need to pass appropriation bill as a part of budget excercise to be able to withdraw money from Consolidated Fund of India.

Qts 13.Which one of the following is not an expenditure charged on the Consolidated Fund of India?

(A) Debt charges for which Government of India is liable

(B) Salary and pension of the members of the Eler tion Commission of India.

(D) Allowances of Deputy Chairman of Council of States

Ans.(B)

Exp: The salary and pension of the members of the Election Commission of India are similar to those of a judge of the Supreme Court. The list of the expenditure charged upon the Consolidated Fund of India is:-

1.Emoluments and allowances of the President and other office expenditures. Salary and allowances of the Chairman and the Deputy Chairman of Rajya Sabha and the Speaker

2.and Deputy Speaker of the Lok Sabha.

3.Salaries, allowances and pensions of judges, of the Supreme Court.

4.Pensions of judges of High Court.

5.Salary, allowances and pension of the Comptroller and Auditor General of India.

6. Salaries, allowances and pension of Chairman and members of the Union Public Service Commission.

7. Debt charges for which Government of India is liable.

8. Any other expenditure declared by the Parliament to be so charged.

Qts 14. Who among the following has the executive power to admit a State in the Union or establish a new State?

(A) Parliament

(B) Lok Sabha

(D) Central Government

Ans.(A)

Exp: Article 3 of the Constitution empower the Parliament to:-

1.Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State.

2.Increase the area of any State.

3.Diminish the area of any State.

4. Alter the boundaries of any State.

5.Alter the name of any State.

Qts 15 . The sitting of the house of the people may be terminated by:

(A) Adjournment

(B) Prorogation

(D) All of the above

Ans.(D)

Exp: The sitting of the house of the people may be terminated by adjournment, prorogation and dissolution.

Adjournment: The presiding officer of the house terminates a sitting for a specified time which may be hours, days or weeks. It does not affect the bills or business pending before the house.

Prorogation:- The President terminates a sitting as well as session of the house. It does not affect the bills or business pending before the house.

Dissolution:- The dissolution of the Lok Sabha takes place in two ways:-

1. On the expiry of the tenure of five years or the terms as extended during a national emergency

2. Lok Sabha is dissolved before the completion of its normal tenure by the President and this is irrevocable. It lapses all business of the house.

Qts16. The Union Parliament can also legislate on a subject of State list:

1. To give effect to international agreement

2. With the consent of the State concerned

3. During President rule in the State

4. In the national interest, when Rajya Sabha passes a resolution to this effect by a 2/3rd majority

Select the correct answer from the codes given below:

Codes:

(A) 1, 2 and 3

(B) 2, 3 and 4

(D) All the four

Ans.(D)

Exp: The Constitution empowers the Parliament to make laws on a subject of State list under 7th Schedule under following circumstances:-

1. To give effect to international agreements, treaties or conventions (Article 253).

2. During President's rule, the Parliament is empowered to make laws on any matter in State list and the law made so continues to be operative even after the President's rule. But, such a law can be repealed or altered or re-enacted by the State legislature (Article 356).

3.During National Emergency the Parliament is empowered to make laws on any matter in State List. The laws become inoperative on the expiration of six months after the Emergency has ceased to operate (Article 250).

4.In the national interest, when Rajya Sabha passes the resolution by two-third majority. The resolution remains in force for one year and can be renewed any number of times but not exceeding one year at a time. The law ceases to have effect on the expiration of six months (Article 249).

5. When two or more States pass resolution and this enacted law applies only to those States which have passed the resolutions. Such a law be amended or repealed by the Parliament (Article 252).

Qts 17. A resolution passed by the Rajya Sabha under Article 249 of the Constitution empowering Parliament to legislate on a State subject in national interest remains in force for a period:

(A) Not exceeding six months

(B) Not exceeding two years

(D) of unlimited time

Ans.(C)

Exp:In the national interest, when Rajya Sabha passes the resolution by two-third majority. The resolution remains in force for one year and can be renewed any number of times but not exceeding one year at a time. The law ceases to have effect on the expiration of six months (Article 249).

Qts 18. Time of zero-hour in Parliament is :

(A) 9 am to 10 am

(B) 10 am to 11 am

(D) 12 noon to 1,00 pm

Ans. D

Exp: The zero hour is an informal device as it is mentioned in the Rules of Procedure and available to the members of the Parliament to raise matters without any prior notice. It starts immediately after the question hour and lasts until the agenda for the day is taken up. It means time gap between the question hour and agenda is known as zero hour. Its time is 12 noon to 1.00 pm. It is an Indian innovation and has been in existence since 1962.

Qts 19. Of the following political features which is/are common to India and the USA?

1. Residuary powers vested in the Centre.

2. Residuary powers vested in the States.

3. President has the power of pocket veto.

4. The upper house has some nominated members. Select the correct answer from the codes given below:

Codes:

(A) 3 only

(B) 3 and 4 only

(D) 1, 3 and 4 only

Ans.(A)

Exp: Pocket veto is the power of the President not to take any action on the bill i e. President neither ratifies nor rejects nor returns the bill but simply keeps it pending for an indefinite period. On the other hand, in USA, the President has to return the bill for reconsideration within 10 days.

Qts 20. The power of Parliament to amend the Constitution is provided in:

(A) Article 352

(B) Article 368

(D) Article 370

Ans.(B)

Exp: The power of Parliament to amend the Constitution is provided by Article 368.

Article 368 provides for two types of amendment:

1. By simple majority of the Parliament i.c. a majority of the members of each house present and voting.

2. By special majority and also through the ratification of half of the States by a simple majority.

Qts 21. The bill for the amendment of Indian Constitution can be introduced in:

(A) Only Lok Sabha

(B) Only Rajya Sabha

(D) Supreme Court

Ans.(C)

Exp: The power of Parliament to amend the Constitution is provided by Article 368. However, Supreme Court in the Kesavananda Bharati case, 1973 ruled that the Parliament cannot amend those provisions which form the 'basic structure' of the Constitution. The procedure for the amendment under Article 368 is as follows:-

1. Initiated by the introduction of a bill in either house of Parliament only.

2. Bill can be introduced either by a minister or by a private member and does not require prior permission of the President.

3. The bill must be passed in each house by a special majority ie majority of the total membership of the house and majority of two-third of the members of the house present and voting.

4. Each house must pass the bill separately and there is no provision for holding a joint sitting of the two houses.

5. If the bill seeks to amend the federal provisions then it must be ratified by the legislatures of half of the States by a simple majority i.e. a majority of the members of the house present and voting.

6. After passed by both houses of Parliament, the bill is presented to the President and the President must give his assent. Then, it becomes an Act.

Qts22. Which one of the following is not a collective privilege of the members of Parliament?

(A) Federation of debates and proceedings

(B) The right to regulate the internal matters of the Parliament

(D) The privilege of excluding strangers from the house.

Ans.(C)

Exp:-The Privileges of the Parliament are divided into two groups:-

(i) Privileges enjoyed by each house of Parliament collectively.

(ii) Privileges enjoyed by the members individually.

Collective Privileges are:-

1. The right to publish debates and proceedings and the right to restrain publication by others.

2. The right to exclude strangers from its proceedings.

3. The right to regulate the internal affairs of the House.

4. The right to punish members and outsiders for breach of its privileges.

5. The right to institute inquiries and order the attendance of witness.

6. The courts are prohibited to inquire into the proceedings of a House or its committees.

7. The right to publish parliamentary misbehaviour.

Individual Privileges are:-

1. Freedom from arrest:- They cannot be arrested during Parliament session, 40 days before the beginning and 40 days after the end of a session. This privilege is available only in civil cases and not in criminal cases or preventive detention.

2. Freedom of speech:- No member is liable to any proceedings in court for anything said or vote given by him in Parliament or committees.

3. Freedom of attendance as witness:- A member cannot be summoned, without the leave of the house, to give evidence as a witness while Parliament is in session.

Qts 23. In Indian political system the executive function under:

(A) Judiciary

(B) Legislature

(D) Union Public Service Commission

Ans.(B)

Exp:-The Constitution of India has opted for the British parliamentary system of government and the parliamentary system is based on the principle of cooperation and co- ordination between the legislative and executive organs.

The fundamental principle underlying the working of parliamentary system of government is the principle of collective responsibility. Article 75 of the Indian Constitution clearly states that the Council of Minister is collectively responsible to the Lok Sabha. When the Lok Sabha passes a no-confidence motion then all the ministers have to resign including those ministers who are from the Rajya Sabha.

Qts 24. Which one of the following is the period for the legislative council to detain the ordinary bills?

(A) 3 months

(B) 4 months

(D) 14 days

Ans.(B)

Exp:-An ordinary bill can originate in either house of the State legislature in case of a bicameral legislature. Such a bill can be introduced either by a minister or by any other member.

The ultimate power of passing an ordinary bill is vested in the Assembly. At the most, the council can detain or delay the bill for a period of four months-three months in the first instance and one month in the second instance. Their is no provision for joint sitting of both the houses to resolve the disagreement between the two houses of the State legislature over a bill, as is provided in case of disagreement between Lok Sabha and Rajya Sabha. Moreover, when a bill has originated in the council and was sent to the assembly and if it is rejected by the assembly, then the bill ends and becomes dead.

Qts 25. If a member of Parliament becomes disqualified for membership, the decision of his removal is taken by:

(A) Chief Election Commissioner.

(B) President of India on the advice of Council of Ministers.

(D) President in accordance with the opinion of Election Commission of India.

Ans.(D)

Exp:-Under the Indian Constitution, a person is disqualified for being elected as a member of Parliament if:-

1. He holds any office of profit under the Union or State government

2. He is of unsound mind.

3. He is an undercharged insolvent.

4. He is not a citizen of India.

5. He is so disqualified under any law made by Parliament If a member of Parliament becomes disqualified for membership then the decision of President is final. However, he should obtain the opinion of the Election Commission of India and act accordingly.

Qts 26. Consider the following statements:

1. The joint sitting of the two houses of the Parliament in India is sanctioned under Ar- ticle 108 of the Constitution.

2. The first joint sitting of Lok Sabha and Rajya Sabha was held in the year 1961.

3. The second joint sitting of the two houses of Parliament was held to pass the Bank- ing Service Commission (Repeal) Bill.

Which of these statements are correct?

(A) 1 and 2

(B) 2 and 3

(D) 1, 2 and 3

Ans.(D)

Exp:-Joint sitting is prescribed by Article 108 of the Constitution to resolve a deadlock between the two houses of the Parliament over the passage of a bill. It is confined to bills for ordinary legislation and financial bills and does not extend to a Constitutional amendment bill governed by Article 368(2) of the Constitution or money bills.

The President summons joint sitting of both the houses. The joint sitting is presided by the Speaker of Lok Sabha. The quorum to constitute a joint sitting is one-tenth of the total number of members of both the Houses. It is governed by the rules of Lok Sabha.

So, far joint sitting have taken place on three occassions:-

1. First joint sitting held in 1961, following the disagreement over the Dowry Prohibition Bill, 1959.

2. Second joint sitting held in 1978, following the disagreement over the Banking Service Commission (Repeal) Bill, 1977.

3. Third joint sitting held in 2002, following the disagreement over the Prevention of Terrorism Bill, 2002.

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Q 4 Polity 2 March

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