33.Parliament (Part -08) Flashcards
1
Q
What does Article 116 discuss?
A
Article 116 discusses Votes on account, votes of credit, and exceptional grants.
2
Q
What is a vote on account?
A
A vote on account is when the government seeks permission from the Legislature to spend money for a portion of the year before the full budget is set.
3
Q
When is a vote on account used?
A
A vote on account is used to incur expenses before a full budget is set.
4
Q
What are votes of credit?
A
Votes of credit are granted to meet unexpected demands on India’s resources when the demand cannot be stated with the usual budget details.
5
Q
How are votes of credit described?
A
Votes of credit are like a blank cheque given to the Executive by the Lok Sabha.
6
Q
What purpose do exceptional grants serve?
A
Exceptional grants are granted for a special purpose and do not form part of the current service of any financial year.
7
Q
Where are exceptional grants sourced from?
A
Exceptional grants are sourced from the Consolidated Fund of India.
8
Q
What situations are exceptional grants used in?
A
Exceptional grants are used in exigency situations.
9
Q
How are exceptional grants different from votes of credit?
A
Exceptional grants are used for special purposes, while votes of credit are used to meet unexpected demands on resources.
10
Q
What characterizes votes of credit?
A
The magnitude or indefinite character of the service characterizes votes of credit.
11
Q
What is the purpose of an interim budget?
A
The purpose of an interim budget is to bridge the gap between two governments by transferring full budget responsibilities to the next administration.
12
Q
How is the interim budget set?
A
The interim budget is set by Parliament through a vote on account.
13
Q
What does the vote on account in the interim budget allow the government to do?
A
The vote on account in the interim budget allows the government to cover administrative costs until the new Parliament reviews and approves the yearly budget proposal.
14
Q
Who is responsible for reviewing and approving the yearly budget proposal after the interim budget?
A
The new Parliament is responsible for reviewing and approving the yearly budget proposal after the interim budget.
15
Q
What is the purpose of handing full budget responsibilities to the next administration in the interim budget?
A
The purpose is to ensure a smooth transition between governments and continuity in administrative funding.
16
Q
What triggers the implementation of an interim budget?
A
An interim budget is set in motion when the incumbent government cannot present a full union budget, usually during election time.
17
Q
How long is an interim budget valid for?
A
An interim budget is valid for an entire year.
18
Q
What components are included in the interim budget’s financial statement?
A
The interim budget provides a complete financial statement and a complete set of accounts consisting of both expenditure and receipts.
19
Q
Which legislative bodies are involved in the discussion of the interim budget?
A
The interim budget is discussed with Rajya Sabha and Lok Sabha.
20
Q
What authority does the interim budget have regarding taxes?
A
The interim budget has the power to make changes in taxes.
21
Q
How often is the vote on account passed?
A
The vote on account is passed every year.
22
Q
What is the typical duration of validity for a vote on account?
A
A vote on account is usually valid for 2 months.
23
Q
What information does the vote on account primarily include?
A
A vote on account lists only the expenditure.
24
Q
How is the passage of a vote on account characterized?
A
A vote on account is passed without any discussion.
25
Can the vote on account make changes to the tax regime?
No, a vote on account cannot make changes to the tax regime.
26
What is the Consolidated Fund of India?
The Consolidated Fund of India is a fund where all receipts, such as taxes, are credited and all payments, such as loans, are debited.
27
What constitutes the Consolidated Fund of India?
The Consolidated Fund of India includes all revenues received by the Government of India, all loans raised by the government, and all money received in repayment of loans.
28
What are the authorized payments made out of the Consolidated Fund of India?
All legally authorized payments on behalf of the Government of India are made out of the Consolidated Fund of India.
29
Can money be appropriated from the Consolidated Fund of India without parliamentary law?
No, money cannot be appropriated from the Consolidated Fund of India except in accordance with a parliamentary law as per Article 114.
30
Is there a separate Consolidated Fund for each state in India?
Yes, under Article 266(1) of the Constitution of India, a Consolidated Fund of State has been established for each state.
31
What is the nature of the operation of the Consolidated Fund of India?
The operation of the Consolidated Fund of India is legislative in nature.
32
What is the Public Account of India?
The Public Account of India is constituted by Article 266 (2) of the Indian Constitution.
33
What type of public money is credited to the Public Account of India?
All other public money received by or on behalf of the Government of India, excluding those credited to the Consolidated Fund of India, is credited to the Public Account of India.
34
What are some examples of the types of deposits included in the Public Account of India?
Examples of deposits in the Public Account of India include provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, and remittances.
35
How is the Public Account of India operated?
The Public Account of India is operated by executive action, allowing payments from this account to be made without parliamentary appropriation. Such payments are typically in the nature of banking transactions.
36
What authorizes the creation of the Contingency Fund of India?
Article 267 of the Constitution authorizes the creation of the Contingency Fund of India.
37
What is the purpose of the Contingency Fund of India?
The Contingency Fund of India exists to meet unforeseen expenditures, particularly those related to disasters.
38
Who has the authority to establish the Contingency Fund of India?
The Parliament has the authority to establish the Contingency Fund of India.
39
When was the Contingency Fund of India Act enacted?
The Contingency Fund of India Act was enacted in 1950.
40
Who holds the Contingency Fund of India on behalf of the President?
The finance secretary holds the Contingency Fund of India on behalf of the President of India (Department of Economic Affairs).
41
How is the Contingency Fund of India operated?
Similar to the Public Account of India, the Contingency Fund of India is operated by executive action.
42
What authority does the President have regarding the Contingency Fund of India?
The President can make advances from the Contingency Fund of India to meet unforeseen expenditure pending its authorization by the Parliament.
42
What authority does the President have regarding the Contingency Fund of India?
The President can make advances from the Contingency Fund of India to meet unforeseen expenditure pending its authorization by the Parliament.
43
What authority does the President have regarding the Contingency Fund of India?
The President can make advances from the Contingency Fund of India to meet unforeseen expenditure pending its authorization by the Parliament.
44
What recent change has been made to the spending norms of the Contingency Fund of India?
In May 2022, the government allowed 40% of the total corpus of the Contingency Fund of India to be placed at the disposal of the Expenditure Secretary.
45
How much was the Contingency Fund of India proposed to be enhanced to in Budget 2021-22?
Budget 2021-22 proposed to enhance the Contingency Fund of India from Rs. 500 crores to Rs. 30,000 crores through the Finance Bill.
46
How much of the Fund corpus is placed at the disposal of the Secretary, Ministry of Finance, Department of Expenditure?
An amount equivalent to 40% of the Fund corpus is placed at the disposal of the Secretary, Ministry of Finance, Department of Expenditure for the purpose of meeting unforeseen expenditure.
47
What is the process for further Contingency Fund releases beyond the 40% limit?
All further Contingency Fund releases require the approval of the Secretary to the Government of India, Department of Economic Affairs, after the approval of the Secretary to the Government of India, Department of Expenditure.
48
How can the Contingency Fund of India be increased?
The Contingency Fund of India can be increased through a Finance Bill when Parliament is in session or through an Ordinance if the House is not in session and the situation warrants.
49
Why are parliamentary committees necessary?
Parliamentary committees are necessary because the functions of the Parliament are varied, complex, and numerous, and the Parliament does not have enough time or expertise to thoroughly scrutinize all legislative measures and other matters.
50
Does the Constitution of India provide specific provisions regarding the composition, tenure, and functions of parliamentary committees?
No, the Constitution of India mentions these committees at different places but does not make specific provisions regarding their composition, tenure, functions, etc. These matters are dealt with by the rules of the two Houses of Parliament.
51
What is the role of parliamentary committees in assisting the Parliament?
Parliamentary committees assist the Parliament in the discharge of its duties by conducting detailed scrutiny of legislative measures and other matters.
52
How are the composition, tenure, and functions of parliamentary committees determined?
The composition, tenure, and functions of parliamentary committees are determined by the rules of the two Houses of Parliament.
53
Why is it necessary for the Parliament to have committees?
The Parliament relies on committees because it does not have the necessary time or expertise to conduct in-depth examinations of all legislative measures and other matters on its own. Committees provide specialized knowledge and assistance in fulfilling the Parliament's duties.
54
How are parliamentary committees differentiated?
Parliamentary committees are differentiated based on their work, membership, and tenure.
55
What are the two broad types of parliamentary committees?
The two broad types of parliamentary committees are Standing Committees and Ad Hoc Committees.
56
What is the nature of Standing Committees?
Standing Committees are permanent in nature and work on a continuous basis.
57
Name three types of Financial Committees under Standing Committees.
The three types of Financial Committees under Standing Committees are:
1.Public Accounts Committee
2.Estimates Committee
3.Committee on Public Undertakings
58
What are Departmental Standing Committees?
Departmental Standing Committees are permanent standing committees that focus on specific government departments.
59
What is the nature of Ad Hoc Committees?
Ad Hoc Committees are temporary and cease to exist once their assigned task is completed.
60
How are Ad Hoc Committees further classified?
Ad Hoc Committees are further classified into Inquiry Committees and Advisory Committees.
61
Give an example of an Ad Hoc Committee.
An example of an Ad Hoc Committee could be a committee formed to investigate a specific issue or incident.
62
What is the purpose of House-Keeping Committees or Service Committees?
House-Keeping Committees or Service Committees are concerned with providing facilities and services to members of the Parliament.
63
How many Departmental Standing Committees are there?
There are 24 Departmental Standing Committees.
64
When was the first Public Accounts Committee constituted?
The first Public Accounts Committee was constituted in April 1950.
65
From which articles of the Indian Constitution do parliamentary committees derive their authority?
Parliamentary committees derive their authority from Article 105 (on privileges of Parliament members) and Article 118 (on Parliament's authority to make rules for regulating its procedure and conduct of business).
66
What is the difference between 'standing' committees and 'select' committees?
Standing committees have uninterrupted existence and are usually reconstituted annually, while select committees are formed for a specific purpose, such as deliberating on a particular bill.
67
How many Departmentally-related Standing Committees (DRSCs) are there?
There are 24 Departmentally-related Standing Committees (DRSCs).
68
How are members selected for the financial committees?
Members of the financial committees are selected through proportional representation and by single transferable vote.
69
Who decides whether a matter should be referred to a parliamentary committee?
The chair of the committee uses discretion to refer a matter to a parliamentary committee, usually in consultation with the leaders of parties in the House.
70
When did the practice of regularly referring bills to committees begin?
The practice of regularly referring bills to committees began in 1989 after government departments started forming their own standing committees.
71
What was the previous practice regarding the formation of committees for scrutinizing bills?
Prior to 1989, select committees or joint committees of the houses were only set up to scrutinize in detail some very important bills.
72
What is the role of parliamentary committees in inter-ministerial coordination?
Parliamentary committees aid in inter-ministerial coordination.
73
How do parliamentary committees contribute to the scrutiny of laws?
Parliamentary committees help in conducting detailed scrutiny of laws.
74
What is the significance of parliamentary committees acting as Mini-Parliament?
Parliamentary committees act as a smaller version of the Parliament, allowing for more focused discussions and deliberations.
75
What is one issue related to parliamentary committees mentioned in the text?
One issue mentioned is the decline in matters referred to committees.
76
What is one issue related to the discussion of matters of public importance in parliamentary committees?
Matters of public importance are not mandatorily discussed in committees, and the reports of the committees are not taken up for discussion in Parliament, except for references in certain debates on bills.
77
What is the purpose of the Public Accounts Committee (PAC)?
The Public Accounts Committee is created for the auditing of the revenue and expenditure of the Government of India.
78
How many members are there in the Public Accounts Committee?
The Public Accounts Committee has 22 members, with 15 members from Lok Sabha and 7 members from Rajya Sabha.
79
Who appoints the Chairman of the Public Accounts Committee?
The Chairman of the Public Accounts Committee is appointed by the Speaker of Lok Sabha.
80
Which office assists the Public Accounts Committee during investigations?
The Comptroller and Auditor General (CAG) assists the Public Accounts Committee during the course of investigation.
81
Can ministers be members of the Public Accounts Committee?
No, none of the 22 members of the Public Accounts Committee can be a minister in the government.
82
What is the role of the Public Accounts Committee (PAC)?
The role of the Public Accounts Committee is to keep a vigil on the spending and performance of the government, identify inefficiencies and wasteful expenditure, and make recommendations to streamline administration for efficient implementation of policies.
83
What are the limitations and challenges faced by the PAC?
The limitations and challenges of the PAC include the need for consensus to finalize reports, controversy over the role of the Chairman, lack of technical expertise, officers evading PAC summons, and suggestions for granting harsher punishments.
84
What is the recent news related to the PAC?
Pakistan has been invited as one of the Commonwealth countries to mark the 100th anniversary of India's Parliament's PAC. A two-day function is scheduled to be organized in December to commemorate the occasion.
85
What did the Institute of Public Auditors of India (IPAI) seek regarding the PAC?
The IPAI sought suo-motu powers of investigation for the PAC.
86
What proposal did the PAC recently make regarding the CAG and Auditor General?
The PAC recently pitched for making the Comptroller and Auditor General (CAG) and Auditor General (AG) accountable to Parliament.
87
What are the key areas of the Public Accounts Committee (PAC) that require reforms?
The key areas of the PAC that require reforms include the need for it to have the authority to prevent unnecessary expenditure, the ability to prohibit expenditures, a role in day-to-day administration, the power to issue orders to ministries on expenditures, and making its recommendations binding rather than advisory.
88
What is the current limitation of the PAC regarding unnecessary expenditure?
The PAC currently conducts post facto analysis of expenditure, but reforms are needed to enable it to prevent unnecessary expenditure in advance.
89
Does the PAC have the authority to prohibit expenditures?
No, the PAC does not have the authority to prohibit expenditures, which is an area that requires reform.
90
What is the role of the PAC in day-to-day administration?
The PAC currently does not have a role in day-to-day administration. It only provides an annual report.
91
Are the recommendations made by the PAC binding on the government?
No, the recommendations made by the PAC are advisory in nature and not binding on the government or ministries.
92
What is the purpose of the Estimate Committee?
The Estimate Committee is constituted to scrutinize the expenditure proposed by the Government and make suggestions for improving organizational efficiency, administrative reform, and bringing efficiency and economy in administration.
93
When is the Estimate Committee formed?
The Estimate Committee is formed after the budget is presented before the Lok Sabha.
94
What does the Estimate Committee examine?
The Estimate Committee examines whether the money is well laid out within the limits of the policy and suggests alternative policies for efficiency and economy in administration. It also suggests the form in which the estimates are to be presented to the Parliament.
95
How many members are there in the Estimate Committee?
The Estimate Committee consists of a maximum of 30 members, all taken from the Lok Sabha. There is no representation from the Rajya Sabha.
96
How are members of the Estimate Committee elected?
The members of the Estimate Committee are elected by proportional representation through a single transferable vote.
97
Can a Minister be a member of the Estimate Committee?
No, a Minister cannot be elected to the Estimate Committee. If a person is appointed as a Minister after election, they cease to be a member of the committee.
98
Is the report of the Estimate Committee debated in the House?
No, the report of the Estimate Committee is not debated in the House. The committee presents its views before the House.
99
What is the role of the Estimate Committee throughout the year?
The Estimate Committee keeps on working throughout the year and makes useful suggestions while checking the government's extravagance in making demands for the next financial year.
100
How many members are there in the Committee on Public Undertakings?
The Committee on Public Undertakings consists of a total of 22 members - 15 members elected by the Lok Sabha and 7 members from the Rajya Sabha.
101
Can a Minister be a member of the Committee on Public Undertakings?
No, a Minister is not eligible for election to the Committee on Public Undertakings.
102
What is the term of the Committee on Public Undertakings?
The term of the Committee on Public Undertakings is one year.
103
What are the functions of the Committee on Public Undertakings?
(a) To examine the reports and accounts of Public Undertakings.
(b) To examine the reports of the Comptroller and Auditor General on the Public Undertakings.
(c) To examine whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices, in the context of their autonomy and efficiency.
(d) To perform other functions as allotted by the Speaker, which are not covered by the above clauses.
104
Does the Committee on Public Undertakings examine matters of major Government policy and day-to-day administration?
No, the Committee on Public Undertakings does not examine matters of major Government policy and day-to-day administration of the Undertakings.
105
What is the significance of Article 121 and 211?
Article 121 and 211 prohibit the discussion of the judicial conduct of a judge of the Supreme Court and the High Courts in the Parliament and the State Legislature, respectively.
106
What does Article 122 and 212 state?
Article 122 and 212 state that the validity of proceedings in Parliament and the State Legislatures, respectively, cannot be called into question in any Court.
107
What is the purpose of Article 121, 211, 122, and 212?
The purpose of these constitutional provisions is to ensure the separation of powers between the judiciary and the legislature by restricting certain discussions and questioning the validity of proceedings.
108
Can the conduct of a judge be discussed in the Parliament or State Legislature according to Article 121 and 211?
No, Article 121 and 211 prohibit the discussion of the judicial conduct of a judge in the Parliament and the State Legislature.
109
Can the validity of proceedings in Parliament or the Legislatures be questioned in any Court according to Article 122 and 212?
No, Article 122 and 212 prevent the validity of proceedings in Parliament and the Legislatures from being called into question in any Court.
110
Which article of the Constitution empowers the President to promulgate ordinances during the recess of Parliament?
Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
111
What is the nature of ordinances?
Ordinances have the same force and effect as an act of Parliament but are in the nature of temporary laws.
112
What is the significance of the ordinance-making power?
The ordinance-making power is the most important legislative power of the President and Governor, allowing them to address unforeseen or urgent matters.
113
What are the limitations on the exercise of the ordinance-making power?
The limitations on the exercise of the ordinance-making power are:
*Ordinances can only be promulgated when both Houses of Parliament are not in session or when either of the two Houses is not in session.
*The President can make an ordinance only when satisfied that immediate action is necessary due to existing circumstances.
*The ordinance-making power of the President is coextensive with the law-making powers of Parliament, except for duration.
114
When can the President or Governor make an ordinance?
The President or Governor can make an ordinance when the circumstances exist that render it necessary to take immediate action, and when both Houses of Parliament are not in session or when either of the two Houses is not in session.
115
Can an ordinance be issued on any subject?
No, an ordinance can only be issued on subjects on which the Parliament can make laws.
116
Are there any limitations on an ordinance with regards to fundamental rights?
Yes, an ordinance is subject to the same constitutional limitations as an act of Parliament. It cannot abridge or take away any of the fundamental rights.
117
What is the requirement after an ordinance is issued during the recess of Parliament?
Every ordinance issued by the President during the recess of Parliament must be laid before both Houses of Parliament when it reassembles.
118
What happens if the ordinance is approved by both Houses of Parliament?
If the ordinance is approved by both Houses of Parliament, it becomes an act and the Parliament has to approve the ordinance within six weeks from its reassembly.
119
Can the President withdraw an ordinance?
Yes, the President can withdraw an ordinance at any time, but it can only be done on the advice of the council of ministers headed by the Prime Minister.
120
Can an ordinance be retrospective in nature?
Yes, an ordinance, like any other legislation, can be retrospective, meaning it may come into force from a back date.
121
What are the limitations on the power of an ordinance?
An ordinance cannot be issued to amend the Constitution. However, it can modify or repeal any act of Parliament or another ordinance. It can also alter or amend a tax law.
122
Under what article can the Governor of a state issue ordinances?
The Governor of a state can issue ordinances under Article 213.
123
When can the Governor issue ordinances?
The Governor can issue ordinances when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session.
124
How do the powers of the President and the Governor compare in terms of ordinance-making?
The powers of the President and the Governor are broadly comparable with respect to ordinance making.
125
Can the Governor issue an ordinance without instructions from the President?
No, the Governor cannot issue an ordinance without instructions from the President in specific cases mentioned in Article 200 and 201.
126
What are the cases where the Governor requires instructions from the President to issue an ordinance?
The cases include situations where the assent of the President would have been required to pass a similar bill, where the bill would derogate from the powers of the High Court, and where the bill would have required the previous sanction of the President or his consideration.
127
Can the Governor issue an ordinance containing provisions that would require the President's assent?
No, the Governor cannot issue an ordinance containing provisions that would require the President's assent.
128
Can an act of the state legislature containing the same provisions as an ordinance be valid without the President's assent?
No, an act of the state legislature containing the same provisions as an ordinance would be invalid without receiving the President's assent.
129
What is the ground on which an ordinance can be challenged if it constitutes indirect legislation?
The ground is that an ordinance constitutes colourable legislation, where any law that cannot be created directly should not be created indirectly by the legislature.
130
Can an ordinance be challenged if it contravenes any of the Fundamental Rights?
Yes, an ordinance can be challenged if it contravenes any of the Fundamental Rights as mentioned in the Constitution.
131
What is the ground for challenging an ordinance if it violates substantive provisions of the Constitution?
The ground is that the ordinance is violative of substantive provisions of the Constitution, such as Article 301.
132
Can an ordinance be challenged if it is retrospectively unconstitutional?
Yes, an ordinance can be challenged if it is retrospectively unconstitutional and impinges on issues beyond its domain, such as inter-state trade affecting the rights of a state.
133
In which case did the Supreme Court hold that the President's decision to pass an ordinance could be challenged on the grounds of 'immediate action' not being required?
RC Cooper vs. Union of India (1970)
134
What was the subject matter of the National Security Ordinance, 1980, examined in the AK Roy vs. Union of India (1982) case?
The National Security Ordinance, 1980, dealt with provisions for preventive detention in certain cases.
135
What did the Supreme Court state regarding the scope of judicial review over the President's ordinance making power in the AK Roy vs. Union of India (1982) case?
The Supreme Court argued that the President's ordinance making power is not beyond the scope of judicial review. However, it emphasized that judicial review should be exercised only when there are substantial grounds to challenge the decision, not at "every casual and passing challenge."
136
In which case did the Supreme Court address the issue of repeated re-promulgation of ordinances by a state government?
DC Wadhwa Vs. State of Bihar
137
How many ordinances were re-promulgated in the DC Wadhwa Vs. State of Bihar case?
A total of 259 ordinances were re-promulgated, some for as long as 14 years.
138
What was the Supreme Court's stance on the re-promulgation of ordinances in the DC Wadhwa Vs. State of Bihar case?
The Supreme Court argued that the legislative power of the executive to promulgate ordinances should be used in exceptional circumstances and not as a substitute for the law-making power of the legislature. The court stated that if re-promulgation of ordinances became a usual practice, creating an 'Ordinance raj,' the courts could strike down such re-promulgated ordinances.
139
What case put the re-promulgation of the Rao Cabinet under scrutiny?
Gyanendra Kumar v. Union of India (1997)
140
Who petitioned the Delhi High Court to challenge the re-promulgation of ordinances in the Gyanendra Kumar v. Union of India case?
Two lawyers filed the petition.
141
What argument did the government make to justify the re-promulgation of ordinances in the Gyanendra Kumar v. Union of India case?
The government claimed that due to a "heavy and urgent" workload, the bills could not be debated upon in Parliament, and hence re-promulgation was necessary.
142
Which case widened the scope of judicial review regarding ordinances and emphasized transparency in their functioning?
Krishna Kumar vs Singh State of Bihar 2017
143
What power does the judgment in the Krishna Kumar vs Singh State of Bihar case recognize for the court?
The power of judicial review, allowing the court to verify the actions undertaken by both the President and Governor in determining the necessity of the ordinance.
144
According to the judgment in the Krishna Kumar vs Singh State of Bihar case, how does re-promulgation of ordinances relate to the principle of Supremacy of the Parliament?
The judgment states that re-promulgation is not in harmony with the principle of Supremacy of the Parliament.
145
What was Ambedkar's view on Ordinances?
Ambedkar believed that the situation of emergency might arise when the Houses of Parliament are in recess, and therefore, it becomes necessary to deal with such situations. He advocated for conferring power upon the President to promulgate ordinances.
146
Why did Ambedkar argue for the power of ordinance-making for the President?
Ambedkar argued that executives need the power of ordinance-making because they cannot resort to the ordinary legislative process when the legislature is not in session. This power allows them to address urgent situations.
147
How does Ambedkar view the ordinance-making power of the President in comparison to other democratic constitutions?
Ambedkar believed that the ordinance-making power granted to the President is unique and not found in other democratic constitutions around the world. He considered it as the only answer to deal with situations when the legislature is not in session.
