Parliament: UPSC Previous Year Questions (Polity)

Explanation

Statement 1 is incorrect: The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of estimated receipts and expenditure of the Government of India for that year. The Union Finance Minister on behalf of the President, lays the annual Financial Statement before both the houses of Parliament.

Statement 2 is correct: As per Article 113(3) of the Constitution, no demand for a grant can be made except on the recommendation of the President. Note: UPSC has given option (c) as the official answer.

Explanation

Statement 1 is correct: As per Article 96 of the Constitution, the Speaker shall not preside while a resolution for their removal is under consideration.

Statement 2 is incorrect: The Speaker has the right to speak and participate in the proceedings related to the resolution for their removal.

Statement 3 is incorrect: At such a time he can vote in the first instance, though not in the case of an equality of votes.

Explanation

When the Lok Sabha is dissolved, all business, including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse. They (to be pursued further) must be reintroduced in the newly constituted Lok Sabha. However, some pending bills do not lapse on the dissolution of the Lok Sabha. The position with respect to the lapsing of bills is as follows:

Statement 1 is correct: As per Rule 206 of the Lok Sabha Rules and Article 107(5) of the Constitution, any bill (whether it originated in the Lok Sabha or was transmitted to it by the Rajya Sabha) pending in the Lok Sabha automatically lapses upon its dissolution

Statement 2 is correct: If the Lok Sabha passes a bill, but it is pending in the Rajya Sabha, the bill lapses on the dissolution of the Lok Sabha (Article 107(5)).

Statement 3 is incorrect: If the President has already notified their intention to convene a joint sitting, then the bill remains alive and does not lapse even if the Lok Sabha is dissolved. Example: In 1970, the Banking Service Commission (Repeal) Bill was scheduled for a joint sitting, but before the sitting could take place, the Lok Sabha was dissolved. Since the President had already issued the notification for a joint sitting, the bill did not lapse and was carried forward.

Explanation

Statement 1 is incorrect: Prorogation (ending a session of Parliament) is done by the President on the advice of the Council of Ministers, as per Article 85(2)(a). The President does not act independently in this matter.

Statement 2 is correct: The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for prorogation of the session. However, the President can also prorogate the House while in session.

Statement 3 is correct: Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution. Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after general elections are held. Dissolution of the Lok Sabha is done by the President of India, who, save in exceptional circumstances, does so on the advice of the Council of Ministers.

Explanation

Statement 1 is correct: Article 109 outlines the special procedure for the passage of Money Bills, that include the exclusive role of the Lok Sabha and limited powers of the Rajya Sabha.

Statement 2 is correct: As per Article 109, a Money Bill shall not be introduced in the Council of States.

Statement 3 is correct: Rajya Sabha can only suggest amendments; it can neither amend nor reject the bill. If Lok Sabha accepts Rajya Sabha’s recommendations, the Money Bill is deemed passed with the accepted amendments. If Lok Sabha rejects all Rajya Sabha recommendations, the Money Bill is deemed passed in its original form, without any amendments suggested by the Council of States. If Rajya Sabha fails to return a Money Bill within 14 days, it is deemed passed by both Houses in its original form as approved by Lok Sabha.

Statement 4 is incorrect: After a Money Bill has been passed by the House of the People, it shall be transmitted to the Council of States for its recommendations, and the Council of States shall, within a period of fourteen days from the date of receipt of the Bill, return the Bill to the House of the People with its recommendations and the House of the People may thereupon either accept or reject all or any of the recommendations of the Council of States.

Explanation

Statement 1 is correct: The Lok Sabha Ethics Committee was first constituted as an ad hoc committee in 2000 by Speaker Late G.M.C. Balayogi, following a Committee of Privileges recommendation during the 13th Lok Sabha. It became a permanent committee in 2015.

Statement 2 is incorrect: Any person can complain against a Member through another Lok Sabha Member of Parliament, along with evidence of the alleged misconduct and an affidavit stating that the complaint is not "false, frivolous, or vexatious". If the Member himself complains, the affidavit is not needed.

Statement 3 is correct: The Committee does not entertain complaints based only on media reports or on matters that are sub-judice. The Committee makes a prima facie inquiry before deciding to examine a complaint. It makes its recommendations after evaluating the complaint. The Committee presents its report to the Speaker, who asks the House if it should be considered. A half-hour discussion is also provided.

Explanation

Delimitation means the act or process of fixing the limits or boundaries of territorial constituencies in a country having a legislative body. In India, such Delimitation Commissions have been constituted four times:

1952 under the Delimitation Commission Act, 1952

1963 under the Delimitation Commission Act, 1962

1973 under the Delimitation Act, 1972

2002 under the Delimitation Act, 2002 Under Article 82, Parliament enacts a Delimitation Act after each Census, while Article 170 mandates the division of states into territorial constituencies as per the Delimitation Act. The ‘Delimitation Commission’ is set up under an act of Parliament.

Explanation

Statement 1 is incorrect: A Finance Bill (other than a Money Bill) is not solely a Money Bill, so the Rajya Sabha has the power to suggest amendments or reject it. However, If the finance bill is a money bill Rajyasabha has no power to amend or reject the bill.

Statement 2 is correct: As per Article 110, Rajya Sabha has no power to amend or reject a Money Bill. It can only make recommendations, which the Lok Sabha may accept or reject. If Rajya Sabha does not act within 14 days, the Money Bill is deemed to have been passed.

Statement 3 is correct: For the Money Bill, the Lok Sabha’s decision is final. So there is no question of deadlock. However, for a Finance Bill(other than Money Bill), in case of a disagreement, a joint sitting of both Houses may be called, as it is a normal Bill and not a Money Bill.

Explanation

Statement 1 is correct: The election date of the Deputy Speaker of Lok Sabha is not fixed in the Constitution. However, according to Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha, The Speaker decides the date of election of the Deputy Speaker. The election usually happens after the Speaker’s election, but there is no constitutional or statutory time limit for it.

Statement 2 is incorrect: There is no such mandatory provision that the election of a candidate, as Deputy Speaker of Lok Sabha, shall be from either the principal opposition party or the ruling party. It is only by convention that the position of Deputy Speaker is offered to the opposition party in India.

Statement 3 is correct: In case of the absence of the Speaker, the Deputy Speaker presides over the sessions of the Lok Sabha and conducts the business in the house, during such time he/she enjoys the same power as the Speaker when presiding over the sitting of the House.

Statement 4 is incorrect: The appointment of the Deputy Speaker of the Lok Sabha is not initiated by the Speaker. Instead, a member of the Lok Sabha moves the motion for the election, which is then put to vote in the House. While the ruling party historically held this position, in recent decades, a convention has developed of electing a member from the opposition. There is no rule or convention requiring the Prime Minister to second the motion, and any member of the House may do so.

Explanation

Statement 1 is incorrect: The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.

Statement 2 is correct: A No-Confidence Motion can only be initiated and passed in the Lok Sabha (House of the People). The Rajya Sabha (Upper House) cannot move or pass a No-Confidence Motion against the government.

Statement 3 is incorrect: As per Article 61, when a President is to be impeached for violation of the Constitution, the charges can be initiated by either House of Parliament. The impeachment resolution needs to be passed by not less than a majority of two-thirds of the total membership in each house.