Houses of Parliament - Questions and Answers

ANSWER: 2, 3

Explanation:

The powers and status of Rajya Sabha are unequal to that of Lok Sabha due to following -

1. A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha.

2. Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations.

3. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.

4. In both the cases, the money bill is deemed to have been passed by the two Houses.

5. A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha.

6. But, with regard to its passage, both the Houses have equal powers.

7. The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok Sabha.

8. The Speaker of Lok Sabha presides over the joint sitting of both the Houses.

9. The Lok Sabha with greater number wins the battle in a joint sitting except when the combined strength of the ruling party in both the Houses is less than that of the opposition parties.

10. Rajya Sabha can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the Lok Sabha).

11. A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.

12. The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion.

13. This is because the Council of ministers is collectively responsible only to the Lok Sabha.
14. But, the Rajya Sabha can discuss and criticize the policies and activities of the government.

Special Powers of Rajya Sabha -

Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha -

1. It can authorize the Parliament to make a law on a subject enumerated in the State List (Article249).

2. It can authorize the Parliament to create new All-India Services common to both the Centre and states (Article 312).


• The position of the Rajya Sabha in our constitutional system is not as weak as that of the House of Lords in the British constitutional system nor as strong as that of the Senate in USA.


• Except in financial matters and control over the council of ministers, the powers and status of the Rajya Sabha in all other spheres is almost equal with that of the Lok Sabha.

Even though the Rajya Sabha has been given less powers as compared with the Lok Sabha, its utility is supported on the following grounds -

1. It checks hasty, defective, careless and ill-considered legislation made by the Lok Sabha by making provision of revision and thought.

2. It facilitates giving representation to eminent professionals and experts who cannot face the direct election.

3. The President nominates 12 such persons to the Rajya Sabha.

4. It maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre.

ANSWER: Only 1

Explanation:

The powers and status of the Rajya Sabha are equal to that of the Lok Sabha -

1. Introduction and passage of ordinary bills.

2. Introduction and passage of Constitutional amendment bills.

3. Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India.

4. Election and impeachment of the president.

5. Election and removal of the Vice-President - However, Rajya Sabha alone can initiate the removal of the Vice-President.


6. He is removed by a resolution passed by the Rajya Sabha by a special majority and agreed to by the Lok Sabha by a simple majority.

7. Making recommendation to the President for the removal of Chief Justice and judges of Supreme Court and high courts, Chief Election Commissioner and Comptroller and Auditor General.

8. Approval of ordinances issued by the President.

9. Approval of proclamation of all three types of emergencies by the President.

10. Selection of ministers including the Prime Minister. Under the Constitution, the ministers including the Prime Minister can be members of either House.

11. However, irrespective of their membership, they are responsible only to the Lok Sabha.

12. Consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission, comptroller and auditor general, etc.

13. Enlargement of the jurisdiction of the Supreme Court and the Union Public Service Commission.

ANSWER: All of the above

Explanation:

Leader of the House -


• Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister, if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the House.


• ‘Leader of the House’ in the Rajya Sabha is a minister and a member of the Rajya Sabha and is nominated by the prime minister to function as such.


• The leader of the house in either House is an important functionary and exercises direct influence on the conduct of business.


• He can also nominate a deputy leader of the House.


• The same functionary in USA is known as the ‘majority leader’.

Leader of the Opposition -


• The leader of the largest Opposition party having not less than 1/10^th seats of the total strength of the House is recognized as the leader of the Opposition in that House.


• His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government.


• Therefore, the leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in1977.


• They are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister.


• It was in 1969 that an official leader of the opposition was recognized for the first time.


• The same functionary in USA is known as the ‘minority leader’.


• The British political system has a unique institution called the ‘Shadow Cabinet’.


• It is formed by the Opposition party to balance the ruling cabinet and to prepare its members for future ministerial offices.


• In this shadow cabinet, almost every member in the ruling cabinet is ‘shadowed’ by a corresponding member in the opposition cabinet.


• That is why Ivor Jennings described the leader of Opposition as the ‘alternative Prime Minister’.


• He enjoys the status of a minister and is paid by the government.

Whip -


• Though the offices of the leader of the House and the leader of the Opposition are not mentioned inthe Constitution of India, they are mentioned in the Rules of the House and Parliamentary Statute respectively.


• The office of ‘whip’, on the other hand, is mentioned neither in the Constitution of Indian or in the Rules of the House nor in a Parliamentary Statute.


• It is based on the conventions of the parliamentary government.


• Every political party, whether ruling or Opposition has its own whip in the Parliament.


• He is appointed by the political party to serve as an assistant floor leader.


• He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favor of or against a particular issue.


• He regulates and monitors their behavior in the Parliament.


• The members are supposed to follow the directives given by the whip.


• Otherwise,disciplinary action can be taken.

ANSWER: Both 1 and 2

Explanation:

Panel of Vice-Chairpersons of Rajya Sabha -


• Under the Rules of Rajya Sabha, the Chairman nominates from amongst the members a panel of Vice-Chairpersons.


• Any one of them can preside over the House in the absence of the Chairman or the Deputy Chairman.


• He has the same powers as the Chairman when so presiding.


• He holds office until a new panel of vice-chairpersons is nominated.


• When a member of the panel of vice-chairpersons is also not present, any other person as determined by the House acts as the Chairman.


• It must be emphasized here that a member of the panel of vice-chairpersons cannot preside over the House, when the office of the Chairman or the Deputy Chairman is vacant.


• During such time, the Chairman’s duties are to be performed by such member of the House as the president may appoint for the purpose.


• The elections are held, as soon as possible, to fill the vacant posts.

Secretariat of Parliament -


• Each House of Parliament has separate secretarial staff of its own, though there can be some posts common to both the Houses.


• Their recruitment and service conditions are regulated by Parliament.


• The secretariat of each House is headed by a secretary-general.


• He is a permanent officer and is appointed by the presiding officer of the House.

ANSWER: Only 1

Explanation:

• The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members.


• Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy.

The Deputy Chairman vacates his office in any of the following 3 cases -

(a) if he ceases to be a member of the Rajya Sabha;
(b) if he resigns by writing to the Chairman; and
(c) if he is removed by a resolution passed by a majority of all the members of the Rajya Sabha.Such a resolution can be moved only after giving 14 days’ advance notice.


• The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or when the Vice-President acts as President or discharges the functions of the President.


• He also acts as the Chairman when the latter is absent from the sitting of the House.


• In both the cases, he has all the powers of the Chairman.


• It should be emphasized here that the Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha.


• Like the Chairman, the Deputy Chairman, while presiding over the House, cannot vote in the first instance; he can only exercise a casting vote in the case of a tie.


• Further, when a resolution for the removal of the Deputy Chairman is under consideration of the House, he cannot preside over a sitting of the House, though he may be present.


• When the Chairman presides over the House, the Deputy Chairman is like any other ordinary member of the House.


• He can speak in the House, participate
  in its proceedings and vote on any question before the House.
• Like the Chairman, the Deputy Chairman is also entitled to a regular salary and allowance.


• They are fixed by Parliament and are charged on the Consolidated Fund of India.

ANSWER: 2, 3

Explanation:

• The presiding officer of the Rajya Sabha is known as the Chairman.


• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.


• During any period when the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of Rajya Sabha.


• The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office of the Vice-President.


• As a presiding officer, the powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha.

Speaker has two special powers which are not enjoyed by the Chairman -

(a) The Speaker decides whether a bill is a money bill or not and his decision on this question is final.

(b) The Speaker presides over a joint sitting of two Houses of Parliament.


• Unlike the Speaker (who is a member of the House), the Chairman is not a member of the House.


• But, like the Speaker, the Chairman also cannot vote in the first instance.


• He too can cast a vote in the case of an equality of votes.


• The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when are solution for his removal is under consideration.


• However, he can be present and speak in the House and can take part in its proceedings, without voting, even at such a time (while the Speaker can vote in the first instance when a resolution for his removal is under consideration of the Lok Sabha).


• As in case of the Speaker, the salaries and allowances of the Chairman are also fixed by the Parliament.


• They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.


• During any period when the Vice-President acts as President or discharges the functions of the President, he is not entitled to any salary or allowance payable to the Chairman of the Rajya Sabha.


• But he is paid the salary and allowance of the President during such a time.

ANSWER: Neither 1 nor 2

Explanation:

Speaker Pro Tem -


• As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha.


• Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem.


• Usually, the senior most member is selected for this.


• The President himself administers oath to the Speaker Pro Tem.


• The Speaker Pro Tem has all the powers of the Speaker.


• He presides over the first sitting of the newly-elected Lok Sabha. His main duty is to administer oath to the new members.


• He also enables the House to elect the new Speaker.


• When the new Speaker is elected by the House, the office of the Speaker Pro Tem ceases to exist.


• Hence, this office is a temporary office, existing for a few days.

Panel of Chairpersons of Lok Sabha -


• 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 or the Deputy Speaker.


• He has the same powers as the Speaker when so presiding.


• He holds office until anew panel of chairpersons is nominated.


• When a member of the panel of chairpersons is also not present, any other person as determined by House acts as the Speaker.


• It must be emphasized 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 member of the House as the President may appoint for the purpose.


• The elections are held, as soon as possible, to fill the vacant posts.

ANSWER: 1, 2

Explanation:

Composition of Rajya Sabha -


• The maximum strength of the Rajya Sabha is fixed at 250.


• Out of 250, 238 are to be the representatives of the states and union territories (elected indirectly).


• 12 are nominated by the President.


• At present, the Rajya Sabha has 245 members.


• Of these, 229 members represent the states, 4 members represent the union territories and 12 members are nominated by the president.


• The Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories.

Representation of States -


• The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies.


• The election is held in accordance with the system of proportional representation by means of the single transferable vote.


• The seats are allotted to the states in the Rajya Sabha on the basis of population.


• Hence, the number of representatives varies from state to state. E.g., Uttar Pradesh has 31 members while Tripura has 1 member only.


• However, in USA, all states are given equal representation in the Senate irrespective of their population.


• USA has 50 states and the Senate has 100 members - 2 from each state.

Representation of Union Territories -


• The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.


• The Electoral College for the National Capital Territory of Delhi consists of the elected members of the Legislative Assembly of Delhi, and that for Puducherry consists of the elected members of the Puducherry Legislative Assembly.


• This election is also held in accordance with the system of proportional representation by means of the single transferable vote.


• Out of the seven union territories, only two (Delhi and Puducherry) have representation in Rajya Sabha.


• The populations of other five union territories are too small to have any representative in the Rajya Sabha.

Nominated Members -


• The president nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service.


• The rationale behind this principle of nomination is to provide eminent persons a place in the Rajya Sabha without going through the process of election.


• It should be noted here that the American Senate has no nominated members.

ANSWER: 1, 2

Explanation:

Composition of Lok Sabha -


• The maximum strength of the Lok Sabha is fixed at 552.


• Out of that, 530 members are to be the representatives of the states, 20 members are to be the representatives of the union territories.


• 2 members are to be nominated by the president from the Anglo-Indian community.


• An Anglo-Indian is a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not merely established there for temporary purposes.


• Present, the Lok Sabha has 545 members.


• Of these, 530 members represent the states, 13 members represent the union territories and 2 Anglo-Indian members are nominated by the President4.

Representation of States -


• The representatives of states in the Lok Sabha are directly elected by the people from the territorial constituencies in the states.


• The election is based on the principle of universal adult franchise.


• Every Indian citizen who is above 18 years of age and who is not disqualified under the provisions of the Constitution or any law is eligible to vote at such election.


• The voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.

Representation of Union Territories -


• The Constitution has empowered the Parliament top rescribe the manner of choosing the representatives of the union territories in the Lok Sabha.


• Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the union territories are also chosen by direct election.

Nominated Members -


• The president can nominate two members from the Anglo-Indian community if the community is not adequately represented in the Lok Sabha.


• Originally, this provision was to operate till 1960 but has been extended till 2020 by the 95^th Amendment Act, 2009.

ANSWER: Only 1

Explanation:

Duration of Rajya Sabha -


• 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 re-nomination any number of times.


• The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament.


• Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years.


• The act also empowered the president of India to curtail the term of members chosen in the first Rajya Sabha.


• In the first batch, it was decided by lottery as to who should retire.


• Further, the act also authorized the President to make provisions to govern the order of retirement of the members of the Rajya Sabha.

Duration of Lok Sabha -


• Unlike the Rajya Sabha, the Lok Sabha is not a continuing chamber.


• Its normal term is five years from the date of its first meeting after the general elections, after which it automatically dissolves.


• However, the President is authorized to dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in a court of law.


• Further, the term of the Lok Sabha can be extended during the period of national emergency be a law of Parliament for one year at a time for any length of time.


• However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

ANSWER: Only 2

Explanation:

• There is a Speaker and a Deputy Speaker for the Lok Sabha.


• Speaker is the Presiding Officer for Lok Sabha.


• A panel of chairpersons for the Lok Sabha is also appointed.


• The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting).


• Whenever the office of the Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy.


• The date of election of the Speaker is fixed by the President.


• Usually, the Speaker remains in office during the life of the Lok Sabha.

However, he has to vacate his office earlier in any of the following 3 cases -

1. If he ceases to be a member of the Lok Sabha;

2. If he resigns by writing to the Deputy Speaker; and

3. If he is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice.


• When a resolution for the removal of the Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.


• However, he can speak and take part in the proceedings of the House at such a time and vote in the first instance, though not in the case of an equality of votes.


• It should be noted here that, whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.

ANSWER: All of the above

Explanation:

• The Speaker is the head of the Lok Sabha, and its representative.


• He is the guardian of powers and privileges of the members, the House as a whole and its committees.


• His decision in all Parliamentary matters is final.


• He is thus much more than merely the presiding officer of the Lok Sabha.


• He is vested with vital responsibilities and enjoys great honor and supreme authority within the House.

The Speaker of the Lok Sabha derives his powers and duties from -

1. The Constitution of India;

2. the Rules of Procedure and Conduct of Business of Lok Sabha; and

3. Parliamentary Conventions (residuary powers that are unwritten or unspecified in the Rules).

His powers and functions are -

1. He maintains order and decorum in the House for conducting its business and regulating its proceedings. This is his main responsibility and he has final power in this regard.

2. He is the final interpreter of the provisions of -

(a) the Constitution of India;

(b) the Rules of Procedure and Conduct of Business of Lok Sabha; and

(c) the parliamentary precedents, within the House.

3. He adjourns the House or suspends the meeting in absence of a quorum.

4. He does not vote in the first instance. But he can exercise a ‘casting vote’ in the case of a tie.

5. He presides over a joint setting of the two Houses of Parliament.

6. Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.

7. He can allow a ‘secret’ sitting of the House at the request of the Leader of the House.

8. When the House sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of the Speaker.

9. He decides whether a bill is a money bill or not and his decision on this question is final.

10. When a money bill is transmitted to the Rajya Sabha for recommendation and presented to the President for assent, the Speaker endorses on the bill his certificate that it is a money bill.

11. He decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule.

12. In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review.

13. He acts as the ex-officio chairman of the Indian Parliamentary Group of the Inter-Parliamentary Union.

14. He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.

15. He appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their functioning.

16. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General-Purpose Committee.

ANSWER: 1, 2, 4

Explanation:

Independence and impartiality of the office of the Speaker is ensured by following -

1. He has a security of tenure.

2. He can be removed only by a resolution passed by the Lok Sabha by an absolute majority (i.e., a majority of the total members of the House) and not by an ordinary majority (i.e., a majority of the members present and voting in the House).

3. This motion of removal can be considered and discussed only if it has the support of at least 50 members.

4. His salaries and allowances are fixed by Parliament and charged on the Consolidated Fund of India.

5. Thus,they are not subject to the annual vote of Parliament.

6. His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion.

7. His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.

8. He can only exercise a casting vote in the event of a deadlock and cannot vote in the first instance.

9. In the order of precedence, he is placed at seventh rank,along with the Chief Justice of India.

10. This means, he has a higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister.


• In Britain, the Speaker is strictly a non-party man.


• In Britain, there is a convention that the Speaker has to resign from his party and remain politically neutral.


• But, in India, the Speaker does not resign from the membership of his party on his election to the exalted office, which can be considered as going against independence of the office.

ANSWER: 1, 3

Explanation:

Disqualification on Grounds of Defection -


• The Constitution says that a person shall be disqualified from being a member of Parliament if he/she is so disqualified on the ground of defection under the provisions of the Tenth Schedule.

Under the defection law a member incurs disqualification -

1. If he voluntary gives up the membership of the political party on whose ticket he is elected to the House.

2. If he votes or abstains from voting in the House contrary to any direction given by his political party.

3. If any independently elected member joins any political party.

4. If any nominated member joins any political party after the expiry of six months.


• The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha.


• It is not decided by the President.


• In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review.

Vacating Seats - A Member of Parliament vacates his seat in following scenarios -

Double Membership -


• A person cannot be a member of both Houses of Parliament at the same time.


• As per the Representation of People Act (1951) if a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve.


• If not intimated, 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.


• If a person is elected to two seats in a House, he should exercise his option for one.


• Else, both seats become vacant.


• Similarly, a person cannot be a member of both the Parliament and the state legislature at the same time.


• The person’s seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days.

Disqualification - If a Member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant.


• It also includes disqualification on the grounds of defection.

Resignation - A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be.


• The seat falls vacant when the resignation is accepted.


• But, the Chairman/Speaker may not accept the resignation if he is satisfied that it is not voluntary or genuine.

Absence - A House can declare the seat of a member vacant if he is absent from all its meetings for a period of 60 days without its permission.


• In computing the period of 60 days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days.

Other cases - A member has to vacate his seat in the Parliament -

1. if his election is declared void by the court;

2. if he is expelled by the House;

3. if he is elected to the office of President or Vice-President; and

4. if he is appointed to the office of governor of a state.


• Representation of the People Act (1951) enables the high court to declare an election void if a disqualified candidate is elected. There is no provision in the Constitution.


• The aggrieved party can appeal to the Supreme Court against the order of the high court in this regard.

ANSWER: 2, 4

Explanation:

Qualifications - The Constitution gives following qualifications for a person to be chosen a member of the Parliament -

(a) He must be a citizen of India.

(b) He must make and subscribe to an oath or affirmation (as prescribed in 3^rd Schedule) before the person authorized by the election commission for this purpose.

(c) He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.

(d) He must possess other qualifications prescribed by Parliament.

The Parliament has laid down the following additional qualifications in the Representation of People Act (1951) -

(a) He must be registered as an elector for a parliamentary constituency.

(b) The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed with in 2003.

(c) He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them.

(d) But, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.

Disqualifications - Under the Constitution, a person shall be disqualified for being elected as a member of Parliament -

(a) if he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament);

(b) if he is of unsound mind and stands so declared by a court;

(c) if he is an undischarged insolvent;

(d) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state; and

(e) if he is so disqualified under any law made by Parliament.

The Parliament has laid down following additional disqualifications in the Representation of People Act (1951) -

(a) He must not have been found guilty of certain election offences or corrupt practices in the elections.

(b) He must not have been convicted for any offence resulting in imprisonment for two or more years.

(c) But, the detention of a person under a preventive detention law is not a disqualification.

(d) He must not have failed to lodge an account of his election expenses within the time.

(e) He must not have any interest in government contracts, works or services.

(f) He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.

(g) He must not have been dismissed from government service for corruption or disloyalty to the State.

(h) He must not have been convicted for promoting enmity between different groups or for the offence of bribery.

(i) He must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati.


• On the question whether a member is subject to any of the above disqualifications, the president’s decision is final.


• However, he should obtain the opinion of the election commission and act accordingly.


• There will be disqualification on grounds of defection too.

ANSWER: 2, 3

Explanation:

• Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.


• He is elected after the election of the Speaker has taken place.


• The date of election of the Deputy Speaker is fixed by the Speaker.


• Whenever the office of the Deputy Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy.


• Deputy Speaker remains in office usually during the life of the Lok Sabha.

However, he may vacate his office earlier in any of the below 3 cases -

(a) if he ceases to be a member of the Lok Sabha;

(b) if he resigns by writing to the Speaker; and

(c) if he is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice.


• The Deputy Speaker performs the duties of the Speaker’s office when it is vacant or when the latter is absent from the sitting of the House.


• In both the cases, he assumes all the powers of the Speaker.


• He also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent.


• Deputy Speaker is not subordinate to the Speaker and is directly responsible to the House.


• Whenever Deputy Speaker is appointed as a member of a parliamentary committee, he automatically becomes its chairman.


• Deputy Speaker, while presiding over the House, cannot vote in the first instance and can cast only a casting vote in the case of a tie.


• Also, when a resolution for the removal of the Deputy Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.


• When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House.


• He can speak in the House, participate in its proceedings and vote on any question before the House.


• The Deputy Speaker is entitled to a regular salary and allowance fixed by Parliament, and charged on the Consolidated Fund of India.

ANSWER: Both 1 and 2

Explanation:

• Up to the 10^th Lok Sabha, both the Speaker and the Deputy Speaker were usually from the ruling party.


• Since the 11^th Lok Sabha, there has been a consensus that the Speaker comes from the ruling party (or ruling alliance) and the post of Deputy Speaker goes to the main opposition party.


• The Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation.


• The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms).


• At that time, the Speaker and the Deputy Speaker were called the President and Deputy President respectively and the same nomenclature continued till 1947.


• Before 1921, the Governor-General of India used to preside over the meetings of the Central Legislative Council.


• In 1921, the Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of India as the first Speaker and the first Deputy Speaker (respectively) of the central legislative assembly.


• In 1925, Vithalbhai J. Patel became the first Indian and the first elected Speaker of the central legislative assembly.


• The Government of India Act of 1935 changed the nomenclatures of President and Deputy President of the Central Legislative Assembly to the Speaker and Deputy Speaker respectively.


• However, the old nomenclature continued till 1947 as the federal part of the 1935 Act was not implemented.


• G. V. Mavalankar and Ananthasayanam Ayyangar had the distinction of being the first Speaker and the first Deputy Speaker (respectively) of the Lok Sabha.


• G. V. Mavalankar also held the post of Speaker in the Constituent Assembly (Legislative) as well as the provisional Parliament.


• He held the post of Speaker of Lok Sabha continuously for one decade from 1946 to 1956.

ANSWER: 1, 3

Explanation:

Territorial Constituencies -


• For the purpose of holding direct elections to the Lok Sabha, each state is divided into territorial constituencies.


• Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio between that number and its population is the same for all states.


• This provision does not apply to a state having a population of less than six millions.


• Each state is divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.

The Constitution ensures that there is uniformity of representation in two respects -

(a) between the different states; and

(b) between the different constituencies in the same state.


• The expression ‘population’ means the population as ascertained at the preceding census of which the relevant figures have been published.

Re-adjustment after each Census -

After every census, a readjustment is to be made in -

(a) allocation of seats in the Lok Sabha to the states, and

(b) division of each state into territorial constituencies. Parliament is empowered to determine the authority and the manner in which it is to be made.


• Accordingly, the Parliament has enacted the Delimitation Commission Acts in 1952, 1962, 1972 and 2002 for this purpose.


• The 42^nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division of each state into territorial constituencies till the year 2000 at the 1971 level.


• This ban on readjustment was extended for another 25 years (i.e., up to year 2026) by the 84th Amendment Act of 2001, with the same objective of encouraging population limiting measures.


• The 84^th Amendment Act of 2001 also empowered the government to undertake readjustment and rationalization of territorial constituencies in the states on the basis of the population figures of 1991 census.


• Later, the 87^th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census and not 1991 census.


• However, this can be done without altering the number of seats allotted to each state in the Lok Sabha.

Reservation of Seats for SCs and STs -


• The Constitution provides for the reservation of seats for scheduled castes and scheduled tribes in the Lok Sabha on the basis of population ratios.


• Originally, this reservation was to operate for ten years (i.e., up to 1960), but it has been extended continuously since then by 10 years each time.


• Under the 95^th Amendment Act of 2009, this reservation is to last until 2020.


• Though seats are reserved for scheduled castes and scheduled tribes, they are elected by all the voters in a constituency, without any separate electorate.


• A member of scheduled castes and scheduled tribes is also not debarred from contesting a general (non-reserved) seat.


• The 84^th Amendment Act of 2001 provided for re-fixing of the reserved seats on the basis of the population figures of 1991 census.


• 87^th Amendment Act of 2003 provided for the re-fixing on the basis of 2001 census.

ANSWER: Both 1 and 2

Explanation:

• Constitution has adopted the system of territorial representation for the election of members to the Lok Sabha.


• In it, every member of the legislature represents a geographical area known as a constituency.


• From each constituency, only one representative is elected i.e., a single-member constituency.


• A candidate who secures 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.


• Even the smallest section of the population gets its due share of representation in the legislature.


• There are two kinds of proportional representation, namely, single transferable vote system and list system.


• In India, the first kind is adopted for the election of members to the Rajya Sabha and state legislative council and for electing the President and the Vice-President.

Constitution has not adopted the proportional representation because of -

(a) Difficulty for the voters to understand the system (which is complicated) due to low literacy scale in the country.

(b) Unsuitability to the parliamentary government due to the tendency of the system to multiply political parties leading to instability in government.

Demerits system of proportional representation -

(a) It is highly expensive.

(b) It does not give any scope for organizing by-elections.

(c) It eliminates intimate contacts between voters and representatives.

(d) It promotes minority thinking and group interests.

(e) It increases the significance of party system and decreases that of voter.

ANSWER: Only 1

Explanation:

• The Parliament is the legislative organ of the Union government.


• Articles 79 to 122 in Part 5 of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, powers and so on of the Parliament.

Organization of Parliament -


• Under the Constitution, the Parliament of India consists of three parts - the President, the Council of States and the House of the People.


• In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of States and the House of People respectively.


• The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House).


• The former represents the states and union territories of the Indian Union, while the latter represents the people of India as a whole.


• Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament.


• This is because a bill passed by the Parliament cannot become law without the President’s assent.


• He also performs certain functions relating to the proceedings of the Parliament, for example, he summons and prorogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when they are not in session, and so on.


• In Britain, the Parliament consists of the Crown (King or Queen), the House of Lords (Upper House) and the House of Commons (Lower House).


• The American president is not an integral part of the legislature (Congress i.e. Senate plus House of Representatives).


• The parliamentary form of government stresses on interdependence between the legislative and executive organs.


• So, we have the ‘President-in-Parliament’ like the Britain’s ‘Crown-in-Parliament’.


• The presidential form of government stresses on separation of legislative and executive organs.