29.Parliament (Part-IV) (Speaker, Anti-Defection and Privileges)

Question 1

Which articles of the Indian Constitution discuss the election of Speaker and Deputy Speaker for Lok Sabha?

Answer 1

Article 93.

Question 2

Which articles of the Indian Constitution discuss the vacation, resignation, and removal provisions for the offices of Speaker and Deputy Speaker?

Answer 2

Article 94.

Question 3

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?

Answer 3

Article 95.

Question 4

Under which Act did the institution of the Speaker originate in India in 1921?

Answer 4

The Government of India Act of 1919 (Montague-Chelmsford Reforms).

Question 5

What was the nomenclature of the President of the Central Legislative Assembly under the Government of India Act of 1935?

Answer 5

The President was changed to the Speaker.

Question 6

How is the Speaker of Lok Sabha appointed or elected?

Answer 6

The Speaker is elected by the Lok Sabha from amongst its members.

Question 7

When is the Speaker of Lok Sabha elected?

Answer 7

The election of the Speaker takes place as soon as possible after the first sitting of the Lok Sabha.

Question 8

What happens when the office of the Speaker becomes vacant?

Answer 8

When the office of the Speaker becomes vacant, the Lok Sabha elects another member to fill the vacancy.

Question 9

Who fixes the date of the election of the Speaker?

Answer 9

The President fixes the date of the election of the Speaker.

Question 10

How long does the Speaker usually remain in office?

Answer 10

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

Question 11

In what cases can the Speaker vacate his office earlier?

Answer 11

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.

Question 12

What happens to the Speaker’s office when the House of the People (Lok Sabha) is dissolved?

Answer 12

The Speaker does not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

Question 13

Who appoints the Pro-tem Speaker in Lok Sabha?

Answer 13

The President appoints the Pro-tem Speaker in Lok Sabha.

Question 14

What does “Pro tem” mean?

Answer 14

“Pro tem” is a Latin phrase that means “for the time being.”

Question 15

What is the role of the Pro-tem Speaker?

Answer 15

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.

Question 16

How is the Pro-tem Speaker selected?

Answer 16

Usually, the senior most member of the Lok Sabha is selected as the Pro-tem Speaker.

Question 17

What happens to the office of the Pro-tem Speaker after the new Speaker is elected?

Answer 17

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.

Question 18

How is the panel of chairpersons of Lok Sabha formed?

Answer 18

The Speaker of Lok Sabha nominates a panel of not more than ten chairpersons from amongst the members.

Question 19

What is the role of the panel of chairpersons?

Answer 19

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.

Question 20

How long does a member of the panel of chairpersons hold office?

Answer 20

A member of the panel of chairpersons holds office until a new panel is nominated.

Question 21

Who acts as the Speaker when a member of the panel of chairpersons is not present?

Answer 21

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

Question 22

Can a member of the panel of chairpersons preside over the House when the office of the Speaker or Deputy Speaker is vacant?

Answer 22

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.

Question 23

What is the role of the Speaker in Lok Sabha?

Answer 23

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.

Question 24

ow would you describe the Speaker’s authority within the Lok Sabha?

Answer 24

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.

Question 25

What are the sources from which the Speaker derives their powers and duties?

Answer 25

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.

Question 26

What are Parliamentary Conventions?

Answer 26

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.

Question 27

What is one of the functions performed by the Speaker in the Lok Sabha?

Answer 27

One of the functions performed by the Speaker is maintaining order and decorum in the House for conducting its business and regulating its proceedings.

Question 28

Who presides over the joint sitting of parliament to resolve deadlocks between two houses?

Answer 28

The Speaker presides over the joint sitting of parliament.

Question 29

What decision does the Speaker make regarding a bill being a money bill or not?

Answer 29

The Speaker decides whether a bill is a money bill or not, and their decision on this matter is final.

Question 30

What is the role of the Speaker in the disqualification of a member on the grounds of defection?

Answer 30

The Speaker decides on the question of disqualification of a member arising from defection, although their decision can be subject to judicial review.

Question 31

Which committees does the Speaker appoint the chairman of?

Answer 31

The Speaker appoints the chairman of all Parliamentary Committees of Lok Sabha and supervises their functioning.

Question 32

Who guards the rights and privileges of the members of the House?

Answer 32

The Speaker guards the rights and privileges of the members of the House.

Question 33

What role does the Speaker play in fixing the agenda of the House?

Answer 33

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.

Question 34

Under what circumstances can the Speaker cast a tie-breaker vote?

Answer 34

The Speaker can cast a tie-breaker vote when there is an equality of votes, as stated in Article 100 of the Indian Constitution.

Question 35

What is a Secret Sitting?

Answer 35

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.

Question 36

Who is allowed to be present in the Gallery during a Secret Sitting?

Answer 36

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.

Question 37

What is the rule regarding the broadcast, publication, or disclosure of proceedings of a Secret Sitting?

Answer 37

No broadcast, publication, or disclosure in any form can be made with respect to the proceedings of a Secret Sitting.

Question 38

Who requests the Speaker for a Secret Sitting?

Answer 38

The Leader of the House requests the Speaker for a Secret Sitting.

Question 39

What is considered a breach of privilege of the House regarding a Secret Sitting?

Answer 39

Disclosure of the proceedings of a Secret Sitting by any person in any manner is considered a breach of privilege of the House.

Question 40

What concerns have been raised regarding the adherence to Standard Operating Procedure (SOP) by the Speaker?

Answer 40

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.

Question 41

What criticism has been made regarding the inappropriate use of money bill provisions by the Speaker?

Answer 41

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.

Question 42

What issue has been observed in terms of maintaining decorum by the Speaker?

Answer 42

There has been a consistent scene of parliamentary logjam and a failure to facilitate smooth functioning, with accusations of bias against speakers.

Question 43

How are the decisions of the Speaker different from the American system?

Answer 43

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.

Question 44

What concern has been raised regarding the impartiality of the Speaker?

Answer 44

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.

Question 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?

Answer 45

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.

Question 46

Can the decision of the Speaker on anti-defection be judicially reviewed?

Answer 46

Yes, the decision of the Speaker on anti-defection can be judicially reviewed, and the immunity is only on the procedures followed.

Question 47

On what grounds can judicial review be allowed regarding the Speaker’s decision on anti-defection?

Answer 47

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.

Question 48

In what capacity does the Speaker/Chairman act while deciding cases of anti-defection?

Answer 48

The Speaker/Chairman acts as a Quasi-Judicial Authority while deciding cases of anti-defection under the Xth Schedule of the Constitution.

Question 49

Within what time period should the decision on anti-defection be taken, as per the Kihoto Hollohan judgment?

Answer 49

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.

Question 50

According to the Rajendra Singh Rana case, what is the observation regarding persons who have incurred disqualification?

Answer 50

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.

Question 51

What was the ruling of the Kihoto Hollohan case regarding the role of the Speaker/Chairman?

Answer 51

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.

Question 52

Is the decision of the Speaker/Chairman on anti-defection subject to judicial review, according to the Kihoto Hollohan case?

Answer 52

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.

Question 53

What is a best practice from the UK’s model that can be considered for improving the Speaker’s role?

Answer 53

The UK’s model suggests appointing a committee of two senior legislators to assist the Speaker over the question of a money bill.

Question 54

What is a parliamentary convention in the UK that lends credence to the Speaker’s impartiality?

Answer 54

In the UK, a parliamentary convention has developed where an MP elected as Speaker resigns from their respective party, which enhances their impartiality.

Question 55

What is the importance of cooperation between the government and the opposition for the smooth functioning of the Parliament?

Answer 55

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.

Question 56

What should the Speaker keep in mind while presiding over the esteemed office?

Answer 56

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.”

Question 57

What is the need for defining procedures and setting time limits in the Speaker’s role?

Answer 57

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.

Question 58

How can the question of disqualification be handled to ensure impartiality?

Answer 58

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.

Question 59

What is the need for amendment in the law regarding the Speaker’s role?

Answer 59

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.

Question 60

When is the Deputy Speaker elected in the Lok Sabha?

Answer 60

The Deputy Speaker is elected by the Lok Sabha right after the election of the Speaker has taken place.

Question 61

Who fixes the date of election for the Deputy Speaker in the Lok Sabha?

Answer 61

The Speaker of the Lok Sabha fixes the date of election for the Deputy Speaker.

Question 62

What rules govern the election of the Deputy Speaker in the Lok Sabha?

Answer 62

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.

Question 63

Is there a specific timeline for the appointment of the Deputy Speaker?

Answer 63

No, there is no specific timeline mentioned in the Constitution or Assembly rules for filling a vacancy in the post of Deputy Speaker.

Question 64

Which articles in the Constitution mention the appointment of the Deputy Speaker?

Answer 64

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.

Question 65

How long does the Deputy Speaker usually remain in office?

Answer 65

The Deputy Speaker usually remains in office during the life of the Lok Sabha, which is typically 5 years.

Question 66

What are the three cases in which the Deputy Speaker may vacate his/her office?

Answer 66

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.

Question 67

How is the process of removal for the Deputy Speaker in the State Assembly?

Answer 67

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.

Question 68

Is the Deputy Speaker eligible for re-election?

Answer 68

Yes, the Deputy Speaker is eligible for re-election.

Question 69

What duties does the Deputy Speaker perform when the Speaker’s office is vacant?

Answer 69

The Deputy Speaker performs the duties of the Speaker’s office when it is vacant, as stated in Article 95.

Question 70

What special privilege does the Deputy Speaker have in relation to parliamentary committees?

Answer 70

The Deputy Speaker, when appointed as a member of a parliamentary committee, automatically becomes its chairman.

Question 71

Who presides over the proceedings of the House when a resolution for the removal of the Speaker is being discussed?

Answer 71

The Deputy Speaker presides over the proceedings of the House when a resolution for the removal of the Speaker is up for discussion.

Question 72

According to the Anti-Defection Rule, what can a person elected as the Deputy Speaker do in terms of party affiliation?

Answer 72

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.

Question 73

What is the issue regarding the appointment of the Deputy Speaker?

Answer 73

There is no specific timeline mentioned in the Constitution or Assembly rules for filling a vacancy in the post of the Deputy Speaker.

Question 74

What structural issues impact the neutrality of the Presiding Officer?

Answer 74

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.

Question 75

Why is the Deputy Speaker dependent on their political party for re-election?

Answer 75

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.

Question 76

What is one reason for the vacant post of the Deputy Speaker?

Answer 76

The reduced strength of the opposition parties is one of the reasons for the vacant post of the Deputy Speaker.

Question 77

How does the appointment of a Deputy Speaker contribute to increasing the productivity of the Parliament?

Answer 77

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.

Question 78

What role does the Deputy Speaker play in the functioning of Parliamentary committees?

Answer 78

When appointed as a member of a Parliamentary committee, the Deputy Speaker acts as its chairman, contributing to the proper functioning of the committee.

Question 79

What responsibility does the Deputy Speaker have in the absence of the Speaker?

Answer 79

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.

Question 80

How does the vacant post of the Deputy Speaker impact the functioning of the house during critical situations?

Answer 80

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.

Question 81

What role does the Deputy Speaker play as the face of the opposition?

Answer 81

The Deputy Speaker, elected from the opposition party, provides a common face for the opposition parties, representing their interests and perspectives.

Question 82

What is the significance of the post of Deputy Speaker in maintaining impartiality and smooth functioning of the Parliament?

Answer 82

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.

Question 83

How does the appointment of a Deputy Speaker contribute to accountability in the government?

Answer 83

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.

Question 84

What are the rules of parliamentary etiquette that MPs in Lok Sabha are required to adhere to?

Answer 84

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.

Question 85

When were the rules regarding parliamentary protests updated in Lok Sabha?

Answer 85

The rules regarding parliamentary protests in Lok Sabha were updated in 1989 to address newer forms of protest.

Question 86

What are some of the prohibited actions for MPs during proceedings in Lok Sabha?

Answer 86

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.

Question 87

Do the rules for conduct apply to both Lok Sabha and Rajya Sabha?

Answer 87

Yes, Rajya Sabha has similar rules for conduct as specified in the rulebook.

Question 88

What powers do the presiding officers of both Houses have to ensure smooth proceedings?

Answer 88

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.

Question 89

What happens when an MP is directed to withdraw from the legislative chamber?

Answer 89

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.

Question 90

How is an MP suspended from the service of the House?

Answer 90

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.

Question 91

What authority does the chairman of the council have regarding the suspension of a member of Parliament?

Answer 91

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.

Question 92

What happens when a member is named by the chairman for misconduct?

Answer 92

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.

Question 93

What rule was introduced in Lok Sabha in 2001 regarding the suspension of MPs?

Answer 93

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.

Question 94

How was the 374A rule used by Speaker Sumitra Mahajan in 2015?

Answer 94

Speaker Sumitra Mahajan used the 374A rule in 2015 to suspend 25 Congress MPs for their involvement in disrupting the business of the House.

Question 95

When was the first instance of disruption in Lok Sabha and what happened?

Answer 95

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.

Question 96

How many MPs were suspended from Lok Sabha in 1989 and for what reason?

Answer 96

In 1989, 63 MPs were suspended from Lok Sabha during the discussion of the Thakar Commission report.

Question 97

Why were 7 MPs suspended from Rajya Sabha in 2010?

Answer 97

In 2010, 7 MPs were suspended from Rajya Sabha for snatching the women’s reservation bill from the minister.

Question 98

What are some examples of disruptive actions by MPs in Parliament?

Answer 98

MPs have raised slogans, used pepper spray in the House, and displayed placards as forms of disruption in Parliament.

Question 99

According to former President K R Narayanan, what are the difficulties involved in dealing with disruptions in the House?

Answer 99

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.

Question 100

What did Prime Minister Atal Bihari Vajpayee emphasize regarding disruptions in Parliament?

Answer 100

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.

Question 101

What does Article 99 of the Constitution of India deal with?

Answer 101

Article 99 deals with the oath or affirmation taken by members of Parliament before taking their seats.

Question 102

According to Article 99, where should members of Parliament make and subscribe to the oath or affirmation?

Answer 102

Members of Parliament should make and subscribe to the oath or affirmation before the President or a person appointed by the President.

Question 103

What does Article 100 of the Constitution of India deal with?

Answer 103

Article 100 deals with voting in the house of Parliament.

Question 104

How are matters decided in either House or a joint sitting of both Houses, as per Article 100?

Answer 104

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.

Question 105

What is a quorum in the context of the house?

Answer 105

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.

Question 106

What is the quorum requirement for the house?

Answer 106

The quorum requirement is 1/10th of the total members in the house.

Question 107

What does Article 102 of the Constitution of India deal with?

Answer 107

Article 102 deals with the disqualification of members of Parliament.

Question 108

What are the conditions mentioned in the Constitution for disqualification of a member of Parliament?

Answer 108

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.

Question 109

Can a member of Parliament hold any office of profit under the Union or state government?

Answer 109

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.

Question 110

What happens if a person is declared to be of unsound mind by a court?

Answer 110

If a person is declared to be of unsound mind by a court, they are disqualified from being a member of Parliament.

Question 111

Can an undischarged insolvent be a member of Parliament?

Answer 111

No, an undischarged insolvent is disqualified from being a member of Parliament.

Question 112

Can a person who is not a citizen of India or has acquired foreign citizenship be a member of Parliament?

Answer 112

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.

Question 113

Can Parliament make laws to disqualify a person from being a member of Parliament?

Answer 113

Yes, Parliament has the power to make laws to disqualify a person from being a member of Parliament under certain conditions.

Question 114

Who has the final decision on questions regarding the disqualification of members of Parliament?

Answer 114

The President has the final decision on questions regarding the disqualification of members of Parliament.

Question 115

What is the process for deciding on the disqualification of a member of Parliament?

Answer 115

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.

Question 116

What is the meaning of the term “office of profit” in relation to disqualification of MPs and MLAs?

Answer 116

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.

Question 117

Has the definition of “office of profit” been provided in the Constitution or any specific law?

Answer 117

No, the Constitution or the Representation of the People Act of 1951 does not provide a specific definition of “office of profit.”

Question 118

Has any law been enacted to exempt certain offices from the purview of disqualification?

Answer 118

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.

Question 119

What are the criteria for disqualification related to holding an office of profit?

Answer 119

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.

Question 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?

Answer 120

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).

Question 121

How does the concept of disqualification based on holding an office of profit differ between India and England?

Answer 121

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.

Question 122

What is the basis for disqualification in England when it comes to holding an office of profit?

Answer 122

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.

Question 123

How does the approach to disqualification based on holding an office of profit differ between India and England?

Answer 123

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.

Question 124

What is the significance of the Jaya Bachan Case (2006) in relation to the concept of office of profit?

Answer 124

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.

Question 125

What is the role of a Parliamentary Secretary?

Answer 125

A Parliamentary Secretary is similar to a Minister of State and assists a minister in their duties.

Question 126

What are the perks and benefits associated with the position of a Parliamentary Secretary?

Answer 126

The perks and benefits of a Parliamentary Secretary are equivalent to those of Council of Ministers.

Question 127

Is the position of Parliamentary Secretary mentioned in the constitution or any law?

Answer 127

No, the position of Parliamentary Secretary is neither mentioned in the constitution nor in any law.

Question 128

How does the role of a Parliamentary Secretary differ from that of a Minister of State?

Answer 128

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.

Question 129

: What is the status of a Parliamentary Secretary in terms of legal recognition?

Answer 129

The position of Parliamentary Secretary lacks legal recognition as it is not mentioned in the constitution or any law.

Question 130

When was the Anti-Defection Law introduced in the Constitution?

Answer 130

The Anti-Defection Law, also known as the Tenth Schedule, was added to the Constitution through the 52nd amendment in 1985.

Question 131

What was the purpose of the Anti-Defection Law?

Answer 131

The main intent of the Anti-Defection Law was to combat the problem of political defections.

Question 132

What are the grounds for disqualification under the Anti-Defection Law for members of Parliament and state legislatures?

Answer 132

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.

Question 133

How does the Anti-Defection Law apply to members of political parties?

Answer 133

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.

Question 134

Can independent members be disqualified under the Anti-Defection Law?

Answer 134

Yes, independent members can be disqualified if they join any political party after being elected.

Question 135

Are nominated members subject to disqualification under the Anti-Defection Law?

Answer 135

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.

Question 136

What was the purpose of the Constitution (Fifty-second Amendment) Act, 1985?

Answer 136

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.

Question 137

Who can be disqualified under the act for defection?

Answer 137

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.

Question 138

What are the grounds for disqualification under the act?

Answer 138

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.

Question 139

Can independent members be disqualified under the act?

Answer 139

Yes, independent members can be disqualified if they join any political party after their election.

Question 140

What happens if a nominated member joins a political party?

Answer 140

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.

Question 141

Does the act provide provisions for splits and mergers of political parties?

Answer 141

Yes, the act includes provisions for splits and mergers of political parties.

Question 142

Who determines whether a member has become subject to disqualification under the act?

Answer 142

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.

Question 143

What is the exemption provided under the 10th Schedule to disqualification?

Answer 143

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.

Question 144

Who are exempted from disqualification under the anti-defection law?

Answer 144

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.

Question 145

Under what circumstance a member is not disqualified under the anti-defection law?

Answer 145

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.

Question 146

What are the reasons for the need of the anti-defection law?

Answer 146

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.

Question 147

How does anti-defection law promote party discipline?

Answer 147

The anti-defection law discourages legislators from defecting as it imposes penalties and disqualifications for such actions, thus promoting party discipline.

Question 148

What role does the anti-defection law play in increasing public trust?

Answer 148

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.

Question 149

What was the purpose of introducing the Anti-defection law?

Answer 149

The purpose was to maintain the rule of law, reduce political corruption, and bribery.

Question 150

Why was the Anti-defection law brought in?

Answer 150

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.

Question 151

How has the Anti-defection law reduced money power?

Answer 151

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.

Question 152

What does the Anti-defection law restrict?

Answer 152

The law restricts individual decision-making and mandates a faithful adherence to the directions of the party whip.

Question 153

What was one of the major issues the Anti-defection law aimed to tackle?

Answer 153

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.

Question 154

What is one issue with the Anti-defection law mentioned in the text?

Answer 154

It affects the independence of MPs, violating their freedom of speech and preventing them from taking independent stands on issues.

Question 155

How does the Anti-defection law impact the constituencies?

Answer 155

It is seen as injustice to the constituencies that elected the MPs, as they should be allowed to represent their constituents’ grievances and requirements.

Question 156

According to Dr. B R Ambedkar, what was the priority while drafting the Anti-defection law?

Answer 156

Dr. B R Ambedkar favored stability and accountability over efficiency, thus adopting a parliamentary form of government.

Question 157

What is one consequence of the Anti-defection law on parliamentary debates?

Answer 157

It has reduced the quality of parliamentary debates and deliberations, potentially leading to faulty legislation and rendering the Parliament ineffective in the long run.

Question 158

How has the misuse of the law by the speaker affected the implementation of the Anti-defection law?

Answer 158

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.

Question 159

What role of MPs and MLAs is undermined by strict adherence to party lines under the Anti-defection law?

Answer 159

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.

Question 160

What issue arose in the case of post-Karnataka elections?

Answer 160

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.

Question 161

Why do MPs/MLAs find no incentives to research and understand policies under the Anti-defection law?

Answer 161

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.

Question 162

What is one limitation of the Anti-defection law mentioned in the text?

Answer 162

The law prohibits retail defection but is less effective in cases of wholesale defection of legislatures.

Question 163

What is one problem with the merger provisions of the Anti-defection law?

Answer 163

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.

Question 164

What is one issue related to time limits mentioned in the text?

Answer 164

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.

Question 165

What impact does defection politics have on electoral democracy?

Answer 165

It undermines electoral democracy and betrays the public mandate, as members not chosen by the public can become ministers.

Question 166

How does defection politics promote corruption?

Answer 166

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.

Question 167

Can you provide an example of the impact of defection politics on Indian democracy?

Answer 167

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.

Question 168

What does the imposition of President’s rule in Maharashtra after the state elections suggest about defection politics?

Answer 168

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.

Question 169

How does defection politics affect constitutional and democratic norms?

Answer 169

It promotes immoral activities against constitutional and democratic norms or behavior, compromising the integrity of democratic institutions.

Question 170

How did the post-election crisis in Karnataka in 2019 exploit inbuilt loopholes?

Answer 170

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.

Question 171

How did the Karnataka post-election crisis compromise the constitutional machinery?

Answer 171

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.

Question 172

What are some loopholes prevalent in the 10th schedule that contributed to the instability in state governments?

Answer 172

The MLAs, after resigning, are allowed to contest the election without it being considered defection, which has led to increased instability in state governments.

Question 173

How has the judiciary acted selectively in dealing with defections and horse trading in the Karnataka case?

Answer 173

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.

Question 174

What role did the large power play of money have in the Karnataka post-election crisis?

Answer 174

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.

Question 175

According to the Dinesh Goswami Committee Reports, under what circumstances should disqualification be imposed on a member?

Answer 175

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.

Question 176

Who should decide the issue of disqualification according to the Dinesh Goswami Committee Reports?

Answer 176

The issue of disqualification should be decided by the President/Governor on the advice of the Election Commissioner, as per the committee’s recommendations.

Question 177

Apart from India, in which countries is the anti-defection law prevalent?

Answer 177

The anti-defection law is prevalent in various countries such as Bangladesh, Kenya, South Africa, and others.

Question 178

What does Article 70 of the Bangladesh Constitution state regarding defection?

Answer 178

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.

Question 179

What does Section 40 of the Kenyan Constitution say about defection?

Answer 179

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.

Question 180

What does Article 46 of the Singapore Constitution state regarding defection?

Answer 180

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.

Question 181

Which states in India have witnessed MLAs defecting from the opposition to join the ruling party?

Answer 181

Andhra Pradesh and Telangana have experienced MLAs defecting from the opposition to join the ruling party.

Question 182

What has been the trend in these states regarding defection to the ruling party?

Answer 182

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.

Question 183

What is the consequence for MLAs who defect to the ruling party in smaller groups?

Answer 183

MLAs who defect to the ruling party in smaller groups are subject to disqualification.

Question 184

What is the ambiguity regarding disqualification in these cases?

Answer 184

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.

Question 185

What decision was taken by the Telangana Speaker in March 2016 regarding defection?

Answer 185

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.

Question 186

What was the recommendation of the Dinesh Goswami Committee on electoral reforms regarding the decision on disqualification?

Answer 186

The Dinesh Goswami Committee recommended that the issue of disqualification should be decided by the President/ Governor on the advice of the Election Commission.

Question 187

What was the recommendation of the Law Commission in its 170th Report regarding the issuance of whips by political parties?

Answer 187

The Law Commission recommended that political parties should limit the issuance of whips to instances only when the government is in danger.

Question 188

What was the recommendation of the Election Commission Constitution Review Commission in 2002 regarding decision-making under the Tenth Schedule?

Answer 188

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.

Question 189

What was the recommendation of the National Commission to Review the Working of the Constitution (NCRWC) regarding the power of disqualification?

Answer 189

The NCRWC recommended that the power of disqualification of legislators on grounds of defection should lie with the Election Commission and not the Speaker.

Question 190

What has the Supreme Court suggested as a way forward for deciding defection cases?

Answer 190

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.

Question 191

What is one recommendation regarding the timeline for speakers to make a decision on defection cases?

Answer 191

A time limit should be fixed for speakers to take a decision on defection cases.

Question 192

According to the recommendation, who should make decisions under the Tenth Schedule?

Answer 192

Decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the Election Commission.

Question 193

What is one proposed change to address defection issues?

Answer 193

Defectors or legislators who resign from their seat should be barred from contesting elections for a sufficient time.

Question 194

How can the role of money in defection be curbed?

Answer 194

The provisions of electoral bonds can be revisited to curb the role of money in defection.