Parliament: UPSC Previous Year Questions (Polity)

Explanation

Adjournment Motion is one of the devices of Parliamentary proceedings. The purpose of an Adjournment Motion is to raise an issue of urgent public importance that requires immediate discussion in the Parliament. It is typically used to bring up issues related to national or regional significance, like natural disasters, economic crises, or controversial government actions. The motion requires the approval of the Speaker or Chairman, and if allowed, the matter is debated in the House. It needs the support of 50 members to be admitted.

Explanation

Statement 1 is incorrect: As per Article 80 of the Constitution, the Rajya Sabha consists of members nominated members (not more than 12) and representatives of States (indirectly elected by legislative councils of states) and Union Territories (to be chosen in such manner as parliament may prescribe by law). U.T of NCT of Delhi and Puducherry have representation in Rajya sabha who are chosen through indirect election by their respective legislative assemblies.

Statement 2 is incorrect: The Chief Election Commissioner (CEC) does not have the authority to adjudicate election disputes. While the ECI supervises elections, disputes are handled by Election Tribunals or High Courts. The Supreme Court and High Courts have the power to adjudicate such matters. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court. Disputes relating to the election of members of Parliament and state legislatures lie within the original jurisdiction of High Courts.

Statement 3 is incorrect: According to Article 79 of the Constitution of India, the Parliament consists of the Lok Sabha, the Rajya Sabha and the President of India.

Explanation

Statement 1 is incorrect: The Speaker is the presiding officer of the Lok Sabha. Article 93 to 97 of the Constitution of India deals with the provisions of the Presiding officer of the Lok Sabha. Usually, the Speaker remains in office during the life of the Lok Sabha. There is no role of the President in removing the Speaker. Hence, The Speaker of the Lok Sabha does not hold office during the pleasure of the President. 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.

Statement 2 is incorrect: According to Article 93 of the Constitution, the Speaker must be a member of the Lok Sabha at the time of their election. The condition to become a member within six months applies to ministers under Article 75(5), not to the Speaker.

Statement 3 is correct: The Speaker of the Lok Sabha has to vacate his office earlier in any of the following three cases:

If he ceases to be a member of the Lok Sabha; If he resigns by writing to the Deputy Speaker; and If he is removed by a resolution passed by a majority of all, then members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice.

Explanation

The Rajya Sabha has been given four exclusive or special powers that are not enjoyed by the Lok Sabha:

It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249). It can authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312). Resolution for the removal of the vice-president can be introduced only in the Rajya Sabha not in the Lok Sabha (Article 67). A proclamation for declaring a national emergency, President’s rule, or a financial emergency (under Articles 352, 356, and 360) can remain in effect even if it is approved only by the Rajya Sabha in case the Lok Sabha is dissolved before or during the emergency period.

Explanation

Provision of Joint sitting of two houses of parliament is given under Article 108. It is an extraordinary mechanism to break a deadlock between the two Houses over the passage of a bill. The president can summon joint sitting for the purpose of deliberating and voting on the bill.It is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills. The quorum to constitute a joint sitting shall be one-tenth of the total number of members of the Houses. The Speaker of Lok Sabha presides over a joint sitting. In their absence, the Deputy Speaker takes charge, followed by the Deputy Chairman of the Rajya Sabha. If none are available, members present elect a presiding officer.

Explanation

The Delimitation Commission is appointed by the President of India and works in partnership with the Election Commission of India. Composition: Generally, the Delimitation Commission comprises a serving or retired Supreme Court judge as the Chairperson, an Election Commissioner nominated by the Chief Election Commissioner, and the State Election Commissioners of the respective states. Objective: To determine the number and boundaries of constituencies, to identify seats reserved for SC/ST. Delimitation Commissions have been set up four times: 1952, 1963, 1973 and

2002 under the Acts of 1952, 1962, 1972 and 2002.

Statement 1 is correct: The act of Delimitation is redrawing boundaries of Lok Sabha and Assembly constituencies to represent changes in population and done on the basis of the preceding Census. Its objective is to ensure that all population groups are fairly represented, with equitable geographic distribution so that no political party benefits. A Delimitation Commission is in charge of carrying out this exercise, and its decisions are binding and cannot be challenged in court. However, in Kishorchandra Chhanganlal Rathod case SC held that constitutional courts have the power to review orders of the Delimitation Commission

Statement 2 is correct: When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.

Explanation

Statement 1 is correct: Article 112 of the Indian Constitution deals with placing annual financial statements in Parliament. It outlines the estimated revenue and expenditure of the government for the upcoming financial year. It is a key tool for Parliament to examine, debate, and approve the government’s financial plans:

Statement 2 is correct: Article 114 mandates that the government can withdraw money from the Consolidated Fund of India only after receiving approval from Parliament after passage of the Appropriation Bill.

Statement 3 is correct: If the government needs extra funds, it requests supplementary grants via a Supplementary Appropriation Bill. A Vote-on-Account provides interim funds until the full budget is approved. It is passed (or granted) after the general discussion on budget is over. It is generally granted for two months for an amount equivalent to one-sixth of the total estimation.

Statement 4 is incorrect: There is no such Parliamentary budget office to review programs of Government. The Estimate Committee of parliament reviews policies and continuously examines estimates of programs from time to time throughout the year.

Statement 5 is correct: The Finance Bill is a key legislative instrument that Parliament must pass to give effect to the government’s tax proposals, which are an essential part of the Budget.