Parliament: UPSC Previous Year Questions (Polity)

Explanation

According to Article 138(1) of the Constitution of India, Parliament has the power to confer additional jurisdiction on the Supreme Court in matters included in the Union List. This means that if the Parliament deems it necessary, it can pass a law to grant the Supreme Court the authority to hear and decide on specific matters that fall within the jurisdiction of the union list. Also under article 138(2) the Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may confer by special agreement.

Explanation

Statement (a) is incorrect: Under article 80(1) (a), 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. Before 2020 2 members were nominated from the Anglo-Indian community in Lok Sabha by the President. Statement (b) is incorrect: Before 2020, the President under article 331 nominated two members from the Anglo-Indian community to the Lok Sabha (and not Rajya Sabha) if the community was not adequately represented. This provision was abolished by the 104th Constitutional Amendment Act, 2019, which came into effect in January 2020. Statement (c) is correct: A nominated member of either Rajya Sabha or Lok Sabha has mostly the same rights and privileges as an elected member, including the right to be appointed as a Union minister. However, nominated members cannot vote in Presidential elections. Statement (d) is incorrect: Under article 55, only elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of States and Union Territories participate in the Presidential election.Therefore nominated members cannot vote in the Presidential election. However, both elected and nominated members can vote in Vice Presidential elections.

Explanation

Joint sitting is an extraordinary machinery provided by the constitution to resolve a deadlock between the two houses over the passage of a bill.

Statement 1 is correct: Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament if after a bill is passed by one House and transmitted to the other House - The other House rejects this bill, or The Houses do not agree on the amendments made to the bill, or More than six months elapse with the bill being received by the other House without it being passed.

Statement 2 is correct: The First Joint sitting was held in May, 1961 in which Dowry Prohibition Bill 1960 was passed

Statement 3 is correct: The second joint sitting of the two Houses of the Indian Parliament was held to pass the Banking Service Commission (Repeal) Bill. The Bill had been passed by the Lok Sabha but was rejected by the Rajya Sabha. As a result, a joint sitting was convened to resolve the deadlock, and the Bill was passed.

Explanation

According to Article 368 of the Indian Constitution, an amendment to the Constitution can be initiated only by introducing a Bill in either House of Parliament. The Bill must be passed in each House by a majority of the total membership of that House and by a two-thirds majority of the members present and voting (Special Majority). Once both Houses pass the Bill, it is presented to the President, who must give assent. Upon the President’s assent, the Constitution stands amended in accordance with the terms of the Bill.

Explanation

Statement 1 is correct: For the Committees on Public Accounts and Public Undertakings, 15 members are elected from the Lok Sabha and 7 members from the Rajya Sabha. In the case of the Committee on Estimates, all the 30 members are elected from the Lok Sabha.

Statement 2 is correct: The Ministry of Parliamentary Affairs renders secretarial assistance to the Cabinet Committee on Parliamentary Affairs, which recommends prorogation of both the Houses of the Parliament and the Government’s stand on Private Members’ Bills and Resolutions.

Statement 3 is correct: The Ministry of Parliamentary Affairs is responsible for nominating Members of Parliament (MPs) to various committees, councils, boards, and commissions established by the Government of India across different ministries.