29.Parliament (Part-IV) (Speaker, Anti-Defection and Privileges) Flashcards
1
Q
Which articles of the Indian Constitution discuss the election of Speaker and Deputy Speaker for Lok Sabha?
A
Article 93.
2
Q
Which articles of the Indian Constitution discuss the vacation, resignation, and removal provisions for the offices of Speaker and Deputy Speaker?
A
Article 94.
3
Q
Which article of the Indian Constitution talks about the power of the Deputy Speaker or other person to perform the duties of the offices of, or to act as, the Speaker?
A
Article 95.
4
Q
Under which Act did the institution of the Speaker originate in India in 1921?
A
The Government of India Act of 1919 (Montague-Chelmsford Reforms).
5
Q
What was the nomenclature of the President of the Central Legislative Assembly under the Government of India Act of 1935?
A
The President was changed to the Speaker.
6
Q
How is the Speaker of Lok Sabha appointed or elected?
A
The Speaker is elected by the Lok Sabha from amongst its members.
7
Q
When is the Speaker of Lok Sabha elected?
A
The election of the Speaker takes place as soon as possible after the first sitting of the Lok Sabha.
8
Q
What happens when the office of the Speaker becomes vacant?
A
When the office of the Speaker becomes vacant, the Lok Sabha elects another member to fill the vacancy.
9
Q
Who fixes the date of the election of the Speaker?
A
The President fixes the date of the election of the Speaker.
10
Q
How long does the Speaker usually remain in office?
A
The Speaker usually remains in office during the life of the Lok Sabha.
11
Q
In what cases can the Speaker vacate his office earlier?
A
The Speaker can vacate his office earlier if he ceases to be a member of the Lok Sabha, resigns by writing to the Deputy Speaker, or is removed from office by a resolution of the Lok Sabha.
12
Q
What happens to the Speaker’s office when the House of the People (Lok Sabha) is dissolved?
A
The Speaker does not vacate his office until immediately before the first meeting of the House of the People after the dissolution.
13
Q
Who appoints the Pro-tem Speaker in Lok Sabha?
A
The President appoints the Pro-tem Speaker in Lok Sabha.
14
Q
What does “Pro tem” mean?
A
“Pro tem” is a Latin phrase that means “for the time being.”
15
Q
What is the role of the Pro-tem Speaker?
A
The Pro-tem Speaker presides over the first sitting of the newly-elected Lok Sabha and has all the powers of the Speaker. Their main duty is to administer oaths to the new members and facilitate the election of the new Speaker.
16
Q
How is the Pro-tem Speaker selected?
A
Usually, the senior most member of the Lok Sabha is selected as the Pro-tem Speaker.
17
Q
What happens to the office of the Pro-tem Speaker after the new Speaker is elected?
A
When the new Speaker is elected, the office of the Pro-tem Speaker ceases to exist. It is a temporary office that exists for a few days.
18
Q
How is the panel of chairpersons of Lok Sabha formed?
A
The Speaker of Lok Sabha nominates a panel of not more than ten chairpersons from amongst the members.
19
Q
What is the role of the panel of chairpersons?
A
Any member of the panel of chairpersons can preside over the House in the absence of the Speaker or the Deputy Speaker. They have the same powers as the Speaker when presiding.
20
Q
How long does a member of the panel of chairpersons hold office?
A
A member of the panel of chairpersons holds office until a new panel is nominated.
21
Q
Who acts as the Speaker when a member of the panel of chairpersons is not present?
A
When a member of the panel of chairpersons is not present, any other person determined by the House acts as the Speaker.
22
Q
Can a member of the panel of chairpersons preside over the House when the office of the Speaker or Deputy Speaker is vacant?
A
No, a member of the panel of chairpersons cannot preside over the House when the office of the Speaker or Deputy Speaker is vacant. During such times, the Speaker’s duties are performed by members appointed by the President for that purpose.
23
Q
What is the role of the Speaker in Lok Sabha?
A
The Speaker is the head of the Lok Sabha and acts as its representative. They serve as the guardian of powers and privileges of the members, the House as a whole, and its committees.
24
Q
ow would you describe the Speaker’s authority within the Lok Sabha?
A
The Speaker is not just a presiding officer but also the principal spokesman of the House. Their decisions in all Parliamentary matters are final, making them the supreme authority within the Lok Sabha.
25
What are the sources from which the Speaker derives their powers and duties?
The Speaker of the Lok Sabha derives their powers and duties from three sources: the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conventions.
26
What are Parliamentary Conventions?
Parliamentary Conventions refer to unwritten or unspecified powers and practices that are followed in the functioning of the Lok Sabha. These conventions supplement the written rules and provide guidance in various situations.
27
What is one of the functions performed by the Speaker in the Lok Sabha?
One of the functions performed by the Speaker is maintaining order and decorum in the House for conducting its business and regulating its proceedings.
28
Who presides over the joint sitting of parliament to resolve deadlocks between two houses?
The Speaker presides over the joint sitting of parliament.
29
What decision does the Speaker make regarding a bill being a money bill or not?
The Speaker decides whether a bill is a money bill or not, and their decision on this matter is final.
30
What is the role of the Speaker in the disqualification of a member on the grounds of defection?
The Speaker decides on the question of disqualification of a member arising from defection, although their decision can be subject to judicial review.
31
Which committees does the Speaker appoint the chairman of?
The Speaker appoints the chairman of all Parliamentary Committees of Lok Sabha and supervises their functioning.
32
Who guards the rights and privileges of the members of the House?
The Speaker guards the rights and privileges of the members of the House.
33
What role does the Speaker play in fixing the agenda of the House?
The Speaker, in consultation with other members of the business committee of the House and the Prime Minister, fixes the agenda of the meetings of the House.
34
Under what circumstances can the Speaker cast a tie-breaker vote?
The Speaker can cast a tie-breaker vote when there is an equality of votes, as stated in Article 100 of the Indian Constitution.
35
What is a Secret Sitting?
A Secret Sitting is a session of the House where no stranger, except members and officials of the House, is permitted to be present in the Chamber, Lobby, or Galleries.
36
Who is allowed to be present in the Gallery during a Secret Sitting?
Only members of the Rajya Sabha are allowed to be present in their Gallery during a Secret Sitting, along with any other person(s) authorized by the Speaker.
37
What is the rule regarding the broadcast, publication, or disclosure of proceedings of a Secret Sitting?
No broadcast, publication, or disclosure in any form can be made with respect to the proceedings of a Secret Sitting.
38
Who requests the Speaker for a Secret Sitting?
The Leader of the House requests the Speaker for a Secret Sitting.
39
What is considered a breach of privilege of the House regarding a Secret Sitting?
Disclosure of the proceedings of a Secret Sitting by any person in any manner is considered a breach of privilege of the House.
40
What concerns have been raised regarding the adherence to Standard Operating Procedure (SOP) by the Speaker?
The concern is that the Speaker of the Uttarakhand Assembly decided on a case of defection while a notice of resolution for his removal from office was pending, leading to criticism for not adhering to the SOP.
41
What criticism has been made regarding the inappropriate use of money bill provisions by the Speaker?
The Supreme Court accepted a plea regarding the Speaker's approval of the Aadhaar Bill, 2016 as a Money Bill. It is argued that bills encompassing larger concerns like privacy and data protection should involve the Rajya Sabha for meaningful debate.
42
What issue has been observed in terms of maintaining decorum by the Speaker?
There has been a consistent scene of parliamentary logjam and a failure to facilitate smooth functioning, with accusations of bias against speakers.
43
How are the decisions of the Speaker different from the American system?
Under the Rules, the Speaker's decisions are final and not open to appeal or review, in contrast to the American system where the decisions of the presiding officer can be appealed against to a committee.
44
What concern has been raised regarding the impartiality of the Speaker?
While the office of the Speaker should be fair and impartial, concerns have been raised about their political affiliations and decisions being observed through the prism of partiality, such as in time allotment to members or setting the agenda of the day.
45
What is the legal status of the Speaker's decision on anti-defection according to the Keisham Meghachandra Singh v. Union of India case?
The decision on anti-defection operates independently and is not subject to the approval of the Speaker of Lok Sabha or Speaker of Legislative Assembly.
46
Can the decision of the Speaker on anti-defection be judicially reviewed?
Yes, the decision of the Speaker on anti-defection can be judicially reviewed, and the immunity is only on the procedures followed.
47
On what grounds can judicial review be allowed regarding the Speaker's decision on anti-defection?
Judicial review is allowed on grounds of infirmities based on violations of constitutional mandates, mala fides, non-compliance with the Rules of Natural Justice, and perversity.
48
In what capacity does the Speaker/Chairman act while deciding cases of anti-defection?
The Speaker/Chairman acts as a Quasi-Judicial Authority while deciding cases of anti-defection under the Xth Schedule of the Constitution.
49
Within what time period should the decision on anti-defection be taken, as per the Kihoto Hollohan judgment?
The decision on anti-defection should be taken within a reasonable time period, which is specified as within 3 months according to the Kihoto Hollohan judgment.
50
According to the Rajendra Singh Rana case, what is the observation regarding persons who have incurred disqualification?
The observation in the Rajendra Singh Rana case is that such persons who have incurred disqualification do not deserve to be MPs/MLAs even for a single day.
51
What was the ruling of the Kihoto Hollohan case regarding the role of the Speaker/Chairman?
The majority judgment in the Kihoto Hollohan case held that the Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House.
52
Is the decision of the Speaker/Chairman on anti-defection subject to judicial review, according to the Kihoto Hollohan case?
Yes, according to the Kihoto Hollohan case, the decision of the Speaker/Chairman on anti-defection is subject to judicial review as they act as a Tribunal while deciding such cases.
53
What is a best practice from the UK's model that can be considered for improving the Speaker's role?
The UK's model suggests appointing a committee of two senior legislators to assist the Speaker over the question of a money bill.
54
What is a parliamentary convention in the UK that lends credence to the Speaker's impartiality?
In the UK, a parliamentary convention has developed where an MP elected as Speaker resigns from their respective party, which enhances their impartiality.
55
What is the importance of cooperation between the government and the opposition for the smooth functioning of the Parliament?
Cooperation between the government and the opposition is crucial to ensure the smooth functioning of the Parliament and to avoid putting the Speaker in difficult situations.
56
What should the Speaker keep in mind while presiding over the esteemed office?
The Speaker needs to uphold democratic ethos and ensure their actions appear objective and neutral, as "Justice should not only be done, it must also be seen to be done."
57
What is the need for defining procedures and setting time limits in the Speaker's role?
Defining procedures clearly and setting reasonable time limits for each step of the process ensures transparency and a smooth functioning of the Speaker's responsibilities.
58
How can the question of disqualification be handled to ensure impartiality?
The power to decide upon the question of disqualification can be taken away from the Speaker and entrusted to an independent constitutional authority like the Election Commission of India.
59
What is the need for amendment in the law regarding the Speaker's role?
There is a need for amendment in the law to align it with representative democracy and allow legislators the right to dissent and promote independent thinking, as seen in other democracies such as the US, UK, Australia, etc.
60
When is the Deputy Speaker elected in the Lok Sabha?
The Deputy Speaker is elected by the Lok Sabha right after the election of the Speaker has taken place.
61
Who fixes the date of election for the Deputy Speaker in the Lok Sabha?
The Speaker of the Lok Sabha fixes the date of election for the Deputy Speaker.
62
What rules govern the election of the Deputy Speaker in the Lok Sabha?
The election of the Deputy Speaker in the Lok Sabha is governed by Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha.
63
Is there a specific timeline for the appointment of the Deputy Speaker?
No, there is no specific timeline mentioned in the Constitution or Assembly rules for filling a vacancy in the post of Deputy Speaker.
64
Which articles in the Constitution mention the appointment of the Deputy Speaker?
Article 93 in the case of Lok Sabha and Article 178 in the case of state Assemblies mention that the Houses "shall, as soon as may be" choose two of its members to be Speaker and Deputy Speaker.
65
How long does the Deputy Speaker usually remain in office?
The Deputy Speaker usually remains in office during the life of the Lok Sabha, which is typically 5 years.
66
What are the three cases in which the Deputy Speaker may vacate his/her office?
The Deputy Speaker may vacate his/her office if:
a) He ceases to be a member of the Lok Sabha.
b) He resigns by writing to the Speaker.
c) He is removed by a resolution passed by a majority of all the then members of the Lok Sabha, with a 14-day advance notice.
67
How is the process of removal for the Deputy Speaker in the State Assembly?
The removal process for the Deputy Speaker in the State Assembly is the same as that of the Speaker and Deputy Speaker of the Lok Sabha.
68
Is the Deputy Speaker eligible for re-election?
Yes, the Deputy Speaker is eligible for re-election.
69
What duties does the Deputy Speaker perform when the Speaker's office is vacant?
The Deputy Speaker performs the duties of the Speaker's office when it is vacant, as stated in Article 95.
70
What special privilege does the Deputy Speaker have in relation to parliamentary committees?
The Deputy Speaker, when appointed as a member of a parliamentary committee, automatically becomes its chairman.
71
Who presides over the proceedings of the House when a resolution for the removal of the Speaker is being discussed?
The Deputy Speaker presides over the proceedings of the House when a resolution for the removal of the Speaker is up for discussion.
72
According to the Anti-Defection Rule, what can a person elected as the Deputy Speaker do in terms of party affiliation?
A person elected as the Deputy Speaker can resign from their party and rejoin the party if they demit that post, as per the provisions of the Anti-Defection Rule.
73
What is the issue regarding the appointment of the Deputy Speaker?
There is no specific timeline mentioned in the Constitution or Assembly rules for filling a vacancy in the post of the Deputy Speaker.
74
What structural issues impact the neutrality of the Presiding Officer?
The manner of appointment of the Speaker and the Deputy Speaker, as well as their tenure in office, create challenges in completely abjuring party considerations and maintaining neutrality.
75
Why is the Deputy Speaker dependent on their political party for re-election?
The lack of security in the continuity of office makes the Deputy Speaker dependent on their political party for re-election, which can influence their conduct in the proceedings of the Lok Sabha.
76
What is one reason for the vacant post of the Deputy Speaker?
The reduced strength of the opposition parties is one of the reasons for the vacant post of the Deputy Speaker.
77
How does the appointment of a Deputy Speaker contribute to increasing the productivity of the Parliament?
The appointment of a Deputy Speaker, usually from the opposition bench, helps in the smooth functioning of the house, leading to increased productivity of the Parliament.
78
What role does the Deputy Speaker play in the functioning of Parliamentary committees?
When appointed as a member of a Parliamentary committee, the Deputy Speaker acts as its chairman, contributing to the proper functioning of the committee.
79
What responsibility does the Deputy Speaker have in the absence of the Speaker?
In the absence of the Speaker due to illness, death, or any other reason, the Deputy Speaker continues the procedures of the house, exercising the same legislative powers as the Speaker.
80
How does the vacant post of the Deputy Speaker impact the functioning of the house during critical situations?
The vacant post of the Deputy Speaker can compromise the working of the house during critical situations, such as when the Speaker is absent or unable to perform their duties.
81
What role does the Deputy Speaker play as the face of the opposition?
The Deputy Speaker, elected from the opposition party, provides a common face for the opposition parties, representing their interests and perspectives.
82
What is the significance of the post of Deputy Speaker in maintaining impartiality and smooth functioning of the Parliament?
The post of Deputy Speaker plays a pivotal role in maintaining impartiality and ensuring the smooth working of the Parliament, holding the majority party accountable and responsive to the national interest.
83
How does the appointment of a Deputy Speaker contribute to accountability in the government?
By electing a Deputy Speaker from the opposition party, the government ruled by the majority party becomes more accountable and responsive, as the opposition party has a representative in a prominent position.
84
What are the rules of parliamentary etiquette that MPs in Lok Sabha are required to adhere to?
MPs in Lok Sabha are required to maintain silence, not interrupt the speech of others, and not obstruct proceedings by hissing or making running commentaries during debates.
85
When were the rules regarding parliamentary protests updated in Lok Sabha?
The rules regarding parliamentary protests in Lok Sabha were updated in 1989 to address newer forms of protest.
86
What are some of the prohibited actions for MPs during proceedings in Lok Sabha?
MPs in Lok Sabha are prohibited from shouting slogans, displaying placards, tearing up documents in protest, and playing a cassette or tape recorder in the House.
87
Do the rules for conduct apply to both Lok Sabha and Rajya Sabha?
Yes, Rajya Sabha has similar rules for conduct as specified in the rulebook.
88
What powers do the presiding officers of both Houses have to ensure smooth proceedings?
The presiding officers of both Houses can direct an MP to withdraw from the legislative chamber for grossly disorderly conduct and can also "name" an MP for persistently and willfully obstructing the business of the House.
89
What happens when an MP is directed to withdraw from the legislative chamber?
If an MP is directed to withdraw for grossly disorderly conduct, they have to remain absent from the proceedings of the House for the remainder of the day.
90
How is an MP suspended from the service of the House?
When an MP is named for persistently and willfully obstructing the business of the House, the Parliamentary Affairs Minister usually moves a motion for suspending the offending MP from the service of the House. The suspension can last until the end of the session.
91
What authority does the chairman of the council have regarding the suspension of a member of Parliament?
The chairman of the council has the authority to name a member who disregards the authority of the Chair or abuses the rules of the council, or persistently and willfully obstructs the business thereof.
92
What happens when a member is named by the chairman for misconduct?
When a member is named by the chairman, a motion is made to suspend the member from the service of the council for a period not exceeding the remainder of the session. The council can resolve to terminate the suspension at any time.
93
What rule was introduced in Lok Sabha in 2001 regarding the suspension of MPs?
In 2001, a new rule called 374A was introduced in Lok Sabha, empowering the Speaker to automatically suspend an MP for a maximum of five days for disrupting the business of the House.
94
How was the 374A rule used by Speaker Sumitra Mahajan in 2015?
Speaker Sumitra Mahajan used the 374A rule in 2015 to suspend 25 Congress MPs for their involvement in disrupting the business of the House.
95
When was the first instance of disruption in Lok Sabha and what happened?
The first instance of disruption in Lok Sabha occurred in 1963 when a few MPs interrupted President Sarvapalli Radhakrishnan's joint address and then walked out. They were later reprimanded by Lok Sabha.
96
How many MPs were suspended from Lok Sabha in 1989 and for what reason?
In 1989, 63 MPs were suspended from Lok Sabha during the discussion of the Thakar Commission report.
97
Why were 7 MPs suspended from Rajya Sabha in 2010?
In 2010, 7 MPs were suspended from Rajya Sabha for snatching the women's reservation bill from the minister.
98
What are some examples of disruptive actions by MPs in Parliament?
MPs have raised slogans, used pepper spray in the House, and displayed placards as forms of disruption in Parliament.
99
According to former President K R Narayanan, what are the difficulties involved in dealing with disruptions in the House?
Former President K R Narayanan mentioned that disorders in the House can arise from frustration or heat of the moment, which are easier to deal with. However, planned parliamentary offenses and deliberate disturbances for publicity or political motives are more difficult to tackle.
100
What did Prime Minister Atal Bihari Vajpayee emphasize regarding disruptions in Parliament?
Prime Minister Atal Bihari Vajpayee stated that the majority party is responsible for governing and should take other parties into confidence. He also stressed that the Opposition should play a constructive role in Parliament and express its views in a dignified manner.
101
What does Article 99 of the Constitution of India deal with?
Article 99 deals with the oath or affirmation taken by members of Parliament before taking their seats.
102
According to Article 99, where should members of Parliament make and subscribe to the oath or affirmation?
Members of Parliament should make and subscribe to the oath or affirmation before the President or a person appointed by the President.
103
What does Article 100 of the Constitution of India deal with?
Article 100 deals with voting in the house of Parliament.
104
How are matters decided in either House or a joint sitting of both Houses, as per Article 100?
According to Article 100, all matters in either House or a joint sitting of both Houses are decided by a majority of votes of the members present and voting, excluding the presiding officer.
105
What is a quorum in the context of the house?
Quorum refers to the minimum number of members required to be present in the house for its proceedings to be valid. In the case of no quorum, the house will be adjourned or the meeting will be suspended.
106
What is the quorum requirement for the house?
The quorum requirement is 1/10th of the total members in the house.
107
What does Article 102 of the Constitution of India deal with?
Article 102 deals with the disqualification of members of Parliament.
108
What are the conditions mentioned in the Constitution for disqualification of a member of Parliament?
The conditions for disqualification of a member of Parliament include holding any office of profit under the Union or state government (except that of a minister or any other exempted office), being of unsound mind as declared by a court, being an undischarged insolvent, not being a citizen of India or acquiring foreign citizenship, and being disqualified under any law made by Parliament.
109
Can a member of Parliament hold any office of profit under the Union or state government?
No, a member of Parliament is disqualified if they hold any office of profit under the Union or state government, except for the offices of a minister or any other office exempted by Parliament.
110
What happens if a person is declared to be of unsound mind by a court?
If a person is declared to be of unsound mind by a court, they are disqualified from being a member of Parliament.
111
Can an undischarged insolvent be a member of Parliament?
No, an undischarged insolvent is disqualified from being a member of Parliament.
112
Can a person who is not a citizen of India or has acquired foreign citizenship be a member of Parliament?
No, a person who is not a citizen of India or has voluntarily acquired the citizenship of a foreign state is disqualified from being a member of Parliament.
113
Can Parliament make laws to disqualify a person from being a member of Parliament?
Yes, Parliament has the power to make laws to disqualify a person from being a member of Parliament under certain conditions.
114
Who has the final decision on questions regarding the disqualification of members of Parliament?
The President has the final decision on questions regarding the disqualification of members of Parliament.
115
What is the process for deciding on the disqualification of a member of Parliament?
Before giving a decision on the disqualification of a member of Parliament, the President obtains the opinion of the Election Commission and acts according to such opinion.
116
What is the meaning of the term "office of profit" in relation to disqualification of MPs and MLAs?
The term "office of profit" refers to a position or employment that yields a salary, remuneration, or financial gain. It is a disqualification criterion for MPs under Article 102 and for MLAs under Article 191 of the Constitution.
117
Has the definition of "office of profit" been provided in the Constitution or any specific law?
No, the Constitution or the Representation of the People Act of 1951 does not provide a specific definition of "office of profit."
118
Has any law been enacted to exempt certain offices from the purview of disqualification?
Yes, Parliament has enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended multiple times to expand the list of offices exempted from disqualification.
119
What are the criteria for disqualification related to holding an office of profit?
The criteria for disqualification related to holding an office of profit include holding any office, holding an office that yields a profit, holding an office under the union or state government, and holding an office that is not exempt from the purview of disqualification provisions by law.
120
What tests were laid down by the Supreme Court in the Jaya Bachan Case (2006) to determine the nature of an office of profit?
The tests laid down by the Supreme Court in the Jaya Bachan Case include the test of pecuniary gains, executive nature of the office, exercise of executive powers, and reference to specific cases such as the Delhi Government Case 2017 and the post of Parliamentary Secretary (Bombay HC).
121
How does the concept of disqualification based on holding an office of profit differ between India and England?
In England, there is no general theory of disqualification arising from holding an office of profit under the Crown. Disqualifications in England are specific and only arise when a person holds a disqualifying office as declared under parliamentary legislation. In contrast, in India, there is a general disqualification under the Constitution, but specific exemptions may be granted through a law enacted by Parliament.
122
What is the basis for disqualification in England when it comes to holding an office of profit?
Disqualification in England arises when a person holds a specific disqualifying office as declared under parliamentary legislation. There is no general theory of disqualification based on holding an office of profit under the Crown.
123
How does the approach to disqualification based on holding an office of profit differ between India and England?
In India, the approach to disqualification based on holding an office of profit is based on a general disqualification provision in the Constitution, with the possibility of specific exemptions through a law passed by Parliament. In England, disqualifications are specific and arise only when a person holds a disqualifying office as declared under parliamentary legislation.
124
What is the significance of the Jaya Bachan Case (2006) in relation to the concept of office of profit?
The Jaya Bachan Case (2006) provided important tests to determine the nature of an office of profit for the purpose of disqualification. These tests include considering pecuniary gains, the executive nature of the office, the exercise of executive powers, and referencing specific cases and positions. It helped clarify the understanding and interpretation of the concept of office of profit in India.
125
What is the role of a Parliamentary Secretary?
A Parliamentary Secretary is similar to a Minister of State and assists a minister in their duties.
126
What are the perks and benefits associated with the position of a Parliamentary Secretary?
The perks and benefits of a Parliamentary Secretary are equivalent to those of Council of Ministers.
127
Is the position of Parliamentary Secretary mentioned in the constitution or any law?
No, the position of Parliamentary Secretary is neither mentioned in the constitution nor in any law.
128
How does the role of a Parliamentary Secretary differ from that of a Minister of State?
While a Parliamentary Secretary assists a minister in their duties, their position is not officially recognized in the constitution or any law, unlike a Minister of State.
129
: What is the status of a Parliamentary Secretary in terms of legal recognition?
The position of Parliamentary Secretary lacks legal recognition as it is not mentioned in the constitution or any law.
130
When was the Anti-Defection Law introduced in the Constitution?
The Anti-Defection Law, also known as the Tenth Schedule, was added to the Constitution through the 52nd amendment in 1985.
131
What was the purpose of the Anti-Defection Law?
The main intent of the Anti-Defection Law was to combat the problem of political defections.
132
What are the grounds for disqualification under the Anti-Defection Law for members of Parliament and state legislatures?
The grounds for disqualification include voluntarily giving up party membership, abstaining from voting against party directions, joining a political party after being elected as an independent member, and nominated members joining a political party after six months of taking their seat.
133
How does the Anti-Defection Law apply to members of political parties?
Members of political parties can be disqualified if they voluntarily give up their party membership or if they go against the party's directions without obtaining prior permission.
134
Can independent members be disqualified under the Anti-Defection Law?
Yes, independent members can be disqualified if they join any political party after being elected.
135
Are nominated members subject to disqualification under the Anti-Defection Law?
Yes, nominated members can be disqualified if they join any political party after six months from the date they take their seat in the House.
136
What was the purpose of the Constitution (Fifty-second Amendment) Act, 1985?
The purpose of the act was to combat the problem of political defections, which was considered a matter of national concern and a threat to the foundations of democracy.
137
Who can be disqualified under the act for defection?
Elected members of Parliament or State Legislatures who were candidates set up by a political party and nominated members who were members of a political party at the time of taking their seat can be disqualified for defection.
138
What are the grounds for disqualification under the act?
Disqualification can occur if a member voluntarily relinquishes their party membership, votes or abstains from voting against their party's direction, or is expelled from the party.
139
Can independent members be disqualified under the act?
Yes, independent members can be disqualified if they join any political party after their election.
140
What happens if a nominated member joins a political party?
A nominated member who is not a member of a political party at the time of nomination has six months to join any political party. Joining a party after the expiry of this period would result in disqualification.
141
Does the act provide provisions for splits and mergers of political parties?
Yes, the act includes provisions for splits and mergers of political parties.
142
Who determines whether a member has become subject to disqualification under the act?
The determination of disqualification is made by the presiding officer of the respective House. However, if the question pertains to the presiding officer himself/herself, it is decided by a member of the House elected for that purpose.
143
What is the exemption provided under the 10th Schedule to disqualification?
The exemption is provided in the case of a merger between two political parties. If two-thirds of the members of a legislature party agree to the merger, they will not be disqualified.
144
Who are exempted from disqualification under the anti-defection law?
The Speaker, Deputy Speaker of the House of the People, Deputy Chairman of the Council of States, Chairman or Deputy Chairman of the Legislative Council of a State, and Speaker or Deputy Speaker of the Legislative Assembly of a State are exempted from disqualification.
145
Under what circumstance a member is not disqualified under the anti-defection law?
A member who voluntarily gives up the membership of the political party immediately before such election and does not join any party until holding the post would not be disqualified.
146
What are the reasons for the need of the anti-defection law?
The reasons include ensuring stability by preventing party allegiance shifts, maintaining party discipline, increasing public trust by preventing breach of trust through defection, and ensuring that elected candidates remain loyal to party policies.
147
How does anti-defection law promote party discipline?
The anti-defection law discourages legislators from defecting as it imposes penalties and disqualifications for such actions, thus promoting party discipline.
148
What role does the anti-defection law play in increasing public trust?
By preventing defections, the anti-defection law helps to maintain the trust of the public in the elected representatives and ensures that they uphold the party's commitments and manifesto they were elected on.
149
What was the purpose of introducing the Anti-defection law?
The purpose was to maintain the rule of law, reduce political corruption, and bribery.
150
Why was the Anti-defection law brought in?
It was brought in to curb the power of money in post-election horse-trading within the house and to address instability caused by bribery and money power.
151
How has the Anti-defection law reduced money power?
The Anti-defection law has succeeded in reducing the influence of money power in house voting for passing legislation and ensuring the stability of the government.
152
What does the Anti-defection law restrict?
The law restricts individual decision-making and mandates a faithful adherence to the directions of the party whip.
153
What was one of the major issues the Anti-defection law aimed to tackle?
One of the major issues the law aimed to tackle was the rampant cross-voting, which often resulted from the power of money and bribery.
154
What is one issue with the Anti-defection law mentioned in the text?
It affects the independence of MPs, violating their freedom of speech and preventing them from taking independent stands on issues.
155
How does the Anti-defection law impact the constituencies?
It is seen as injustice to the constituencies that elected the MPs, as they should be allowed to represent their constituents' grievances and requirements.
156
According to Dr. B R Ambedkar, what was the priority while drafting the Anti-defection law?
Dr. B R Ambedkar favored stability and accountability over efficiency, thus adopting a parliamentary form of government.
157
What is one consequence of the Anti-defection law on parliamentary debates?
It has reduced the quality of parliamentary debates and deliberations, potentially leading to faulty legislation and rendering the Parliament ineffective in the long run.
158
How has the misuse of the law by the speaker affected the implementation of the Anti-defection law?
The false dissent by the speaker on MPs has been seen in cases such as Arunachal Pradesh and Uttarakhand, raising concerns about the misuse of the law.
159
What role of MPs and MLAs is undermined by strict adherence to party lines under the Anti-defection law?
The primary goals of MPs and MLAs as the representatives of the people are hindered when they vote strictly on party lines, undermining their role in important legislations.
160
What issue arose in the case of post-Karnataka elections?
MLAs were made to resign to artificially weaken the numerical strength and by-polls were held to topple the government, raising concerns about the manipulation of defection.
161
Why do MPs/MLAs find no incentives to research and understand policies under the Anti-defection law?
Due to the lack of accountability and restrictions on speech and expression, MPs/MLAs find no incentives to engage in research and find solutions to various issues.
162
What is one limitation of the Anti-defection law mentioned in the text?
The law prohibits retail defection but is less effective in cases of wholesale defection of legislatures.
163
What is one problem with the merger provisions of the Anti-defection law?
The exception for merger is based on the number of members agreeing rather than the reason behind the defection, leading to potential flaws in the provision.
164
What is one issue related to time limits mentioned in the text?
There is no time limit for the action taken by the Speaker/Chairman to decide on a plea for disqualification, potentially causing delays in resolving defection cases.
165
What impact does defection politics have on electoral democracy?
It undermines electoral democracy and betrays the public mandate, as members not chosen by the public can become ministers.
166
How does defection politics promote corruption?
It promotes corruption through horse trading, as defections can be used to convert a majority government into a minority government or topple it, compromising the stability of the government.
167
Can you provide an example of the impact of defection politics on Indian democracy?
An example is the situation in Karnataka where MLAs who resigned from their party and posts later won in the by-polls, indicating a decline in democratic ethos among both the public and leaders.
168
What does the imposition of President's rule in Maharashtra after the state elections suggest about defection politics?
The imposition of President's rule and its recovery in suspicious timings suggests that horse trading is legitimized by parties, indicating the promotion of corruption through defection politics.
169
How does defection politics affect constitutional and democratic norms?
It promotes immoral activities against constitutional and democratic norms or behavior, compromising the integrity of democratic institutions.
170
How did the post-election crisis in Karnataka in 2019 exploit inbuilt loopholes?
The elected MLAs were asked to resign from their party to artificially reduce the majority, leading to the collapse of the post-election coalition. Later, these same leaders participated in by-elections on other party tickets and returned to the assembly with lucrative posts like ministers and deputy chief ministers.
171
How did the Karnataka post-election crisis compromise the constitutional machinery?
The role of the Governor came under scrutiny as the Governor favored the union government and did not call the post-election coalition, which had sufficient numbers, to form the government.
172
What are some loopholes prevalent in the 10th schedule that contributed to the instability in state governments?
The MLAs, after resigning, are allowed to contest the election without it being considered defection, which has led to increased instability in state governments.
173
How has the judiciary acted selectively in dealing with defections and horse trading in the Karnataka case?
Despite open defections and media reports, the judiciary did not convict the MLAs who were involved in horse trading during the Karnataka post-election crisis.
174
What role did the large power play of money have in the Karnataka post-election crisis?
Rogue MLAs were lured with monetary and non-monetary benefits, such as ministry posts, which were made possible by the prevalence of Electoral Bonds. These funds, sourced from undisclosed sources, were used to destabilize the state.
175
According to the Dinesh Goswami Committee Reports, under what circumstances should disqualification be imposed on a member?
Disqualification should be limited to cases where a member voluntarily gives up the membership of his political party or abstains from voting, or votes contrary to the party whip in a motion of vote of confidence or motion of no-confidence.
176
Who should decide the issue of disqualification according to the Dinesh Goswami Committee Reports?
The issue of disqualification should be decided by the President/Governor on the advice of the Election Commissioner, as per the committee's recommendations.
177
Apart from India, in which countries is the anti-defection law prevalent?
The anti-defection law is prevalent in various countries such as Bangladesh, Kenya, South Africa, and others.
178
What does Article 70 of the Bangladesh Constitution state regarding defection?
According to Article 70 of the Bangladesh Constitution, a member shall vacate his seat if he resigns from or votes against the directions given by his party. The dispute is referred by the Speaker to the Election Commission.
179
What does Section 40 of the Kenyan Constitution say about defection?
Section 40 of the Kenyan Constitution states that a member who resigns from his party has to vacate his seat. The decision is made by the Speaker, and the member may appeal to the High Court.
180
What does Article 46 of the Singapore Constitution state regarding defection?
According to Article 46 of the Singapore Constitution, a member must vacate his seat if he resigns or is expelled from his party. Article 48 states that Parliament decides on any question relating to the disqualification of a member.
181
Which states in India have witnessed MLAs defecting from the opposition to join the ruling party?
Andhra Pradesh and Telangana have experienced MLAs defecting from the opposition to join the ruling party.
182
What has been the trend in these states regarding defection to the ruling party?
In some cases in Andhra Pradesh and Telangana, more than 2/3rd of the opposition MLAs have defected to the ruling party in smaller groups.
183
What is the consequence for MLAs who defect to the ruling party in smaller groups?
MLAs who defect to the ruling party in smaller groups are subject to disqualification.
184
What is the ambiguity regarding disqualification in these cases?
It is not clear if MLAs will still face disqualification if the Presiding Officer makes a decision after more than 2/3rd of the opposition has defected to the ruling party.
185
What decision was taken by the Telangana Speaker in March 2016 regarding defection?
The Telangana Speaker allowed the merger of the TDP Legislature Party with the ruling TRS, citing that 80% of the TDP MLAs (12 out of 15) had joined the TRS at the time of making the decision.
186
What was the recommendation of the Dinesh Goswami Committee on electoral reforms regarding the decision on disqualification?
The Dinesh Goswami Committee recommended that the issue of disqualification should be decided by the President/ Governor on the advice of the Election Commission.
187
What was the recommendation of the Law Commission in its 170th Report regarding the issuance of whips by political parties?
The Law Commission recommended that political parties should limit the issuance of whips to instances only when the government is in danger.
188
What was the recommendation of the Election Commission Constitution Review Commission in 2002 regarding decision-making under the Tenth Schedule?
The Election Commission Constitution Review Commission recommended that decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the Election Commission.
189
What was the recommendation of the National Commission to Review the Working of the Constitution (NCRWC) regarding the power of disqualification?
The NCRWC recommended that the power of disqualification of legislators on grounds of defection should lie with the Election Commission and not the Speaker.
190
What has the Supreme Court suggested as a way forward for deciding defection cases?
The Supreme Court has suggested that Parliament should set up an independent tribunal headed by a retired judge of the higher judiciary to decide defection cases swiftly and impartially.
191
What is one recommendation regarding the timeline for speakers to make a decision on defection cases?
A time limit should be fixed for speakers to take a decision on defection cases.
192
According to the recommendation, who should make decisions under the Tenth Schedule?
Decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the Election Commission.
193
What is one proposed change to address defection issues?
Defectors or legislators who resign from their seat should be barred from contesting elections for a sufficient time.
194
How can the role of money in defection be curbed?
The provisions of electoral bonds can be revisited to curb the role of money in defection.
