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INDIAN POLITY > 34.Motions, State, Legislature, Union, Judiciary > Flashcards

34.Motions, State, Legislature, Union, Judiciary Flashcards

1
Q

What is required to have a discussion on a matter of general public importance?

A

A discussion on a matter of general public importance can take place only on a motion made with the consent of the presiding officer.

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2
Q

How does the House express its decisions or opinions on various issues?

A

The House expresses its decisions or opinions on various issues through the adoption or rejection of motions moved by either ministers or private members.

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3
Q

How many categories of motion are there?

A

There are three principal categories of motions: substantive motion, substitute motion, and subsidiary motion.

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4
Q

What is a substantive motion?

A

A substantive motion is a self-contained independent proposal dealing with a very important matter, such as the impeachment of the President or the removal of the Chief Election Commissioner.

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5
Q

What is a substitute motion?

A

A substitute motion is a motion that is moved in substitution of an original motion and proposes an alternative to it. If adopted by the House, it supersedes the original motion.

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6
Q

What is a subsidiary motion?

A

A subsidiary motion is a motion that, by itself, has no meaning and cannot state the decision of the House without reference to the original motion or proceedings of the House.

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7
Q

What are the three sub-categories of subsidiary motion?

A

The three sub-categories of subsidiary motion are ancillary motion, superseding motion, and amendment.

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8
Q

What is a closure motion?

A

A closure motion is a motion moved by a member to cut short the debate on a matter before the House.

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9
Q

What happens if a closure motion is approved by the House?

A

If the closure motion is approved, the debate is stopped immediately, and the matter is put to vote.

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10
Q

How many kinds of closure motions are there?

A

There are four kinds of closure motions.

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11
Q

What is a simple closure motion?

A

A simple closure motion is when a member moves that the matter, having been sufficiently discussed, be now put to vote.

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12
Q

What is closure by compartments?

A

Closure by compartments is when the clauses of a bill or a lengthy resolution are grouped into parts before the debate begins. The debate covers the part as a whole, and the entire part is put to vote.

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13
Q

What is kangaroo closure?

A

Kangaroo closure is when only important clauses of a bill or a resolution are taken up for debate and voting, while the intervening clauses are skipped over and taken as passed.

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14
Q

What is guillotine closure?

A

Guillotine closure is when the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to lack of time allotted for discussion.

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15
Q

What is the purpose of the Calling Attention Motion?

A

The purpose of the Calling Attention Motion is to call the attention of a minister to a matter of urgent public importance and seek an authoritative statement from them on that matter.

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16
Q

Who introduces the Calling Attention Motion in the Parliament?

A

A member of Parliament introduces the Calling Attention Motion in the Parliament.

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17
Q

When was the Calling Attention Motion introduced?

A

The Calling Attention Motion has been in existence since 1954.

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18
Q

Is the Calling Attention Motion mentioned in the Rules of Procedure?

A

Yes, unlike the zero hour, the Calling Attention Motion is mentioned in the Rules of Procedure.

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19
Q

What is the similarity between the Calling Attention Motion and the zero hour?

A

Like the zero hour, the Calling Attention Motion is an Indian innovation in the parliamentary procedure.

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20
Q

What is the difference between the Calling Attention Motion and the zero hour?

A

The Calling Attention Motion is mentioned in the Rules of Procedure, whereas the zero hour is not mentioned in the rules.

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21
Q

What does the Calling Attention Motion seek from a minister?

A

The Calling Attention Motion seeks an authoritative statement from a minister on a matter of urgent public importance.

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22
Q

Who can initiate the Calling Attention Motion?

A

Any member of Parliament can initiate the Calling Attention Motion.

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23
Q

What is the significance of the Calling Attention Motion?

A

The Calling Attention Motion helps bring urgent public matters to the attention of ministers and allows for an authoritative statement to be sought on those matters.

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24
Q

What is the historical background of the Calling Attention Motion?

A

The Calling Attention Motion has been in existence since 1954 and is considered an Indian innovation in parliamentary procedure.

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25
Q

What is the purpose of the Adjournment Motion?

A

The purpose of the Adjournment Motion is to draw attention to a definite matter of urgent public importance and adjourn the house to discuss that matter.

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26
Q

How many members’ support is required for the Adjournment Motion to be admitted?

A

The Adjournment Motion requires the support of 50 members to be admitted.

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27
Q

Why is the Adjournment Motion considered an extraordinary device?

A

The Adjournment Motion is regarded as an extraordinary device because it interrupts the normal business of the House.

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28
Q

Which house of Parliament is not permitted to make use of the Adjournment Motion?

A

The Rajya Sabha is not permitted to make use of the Adjournment Motion.

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29
Q

How long should the discussion on an adjournment motion last?

A

The discussion on an adjournment motion should last for not less than two hours and thirty minutes.

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30
Q

What are the restrictions on the right to move a motion for an adjournment of the business of the House?

A

The restrictions on the right to move an adjournment motion include:

*The matter should be definite, factual, urgent, and of public importance.
*It should cover only one matter.
*It should be restricted to a specific matter of recent occurrence and not in general terms.
*It should not raise a question of privilege.
*It should not revive discussion on a matter already discussed in the same session.
*It should not deal with a matter under adjudication by the court.
*It should not raise a question that can be raised on a distinct motion.

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31
Q

How is the Adjournment Motion different from the Calling Attention Motion?

A

The Adjournment Motion involves adjourning the house to discuss an urgent matter, while the Calling Attention Motion seeks an authoritative statement from a minister on a matter of urgent public importance.

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32
Q

What is the significance of the Adjournment Motion?

A

The Adjournment Motion allows for a focused discussion on a definite matter of urgent public importance, providing an opportunity for the House to address critical issues.

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33
Q

What is the minimum number of members required to support the Adjournment Motion?

A

The Adjournment Motion requires the support of 50 members.

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34
Q

What are the limitations on the Adjournment Motion?

A

The limitations on the Adjournment Motion include restrictions on the nature of the matter, the scope of discussion, previous discussions on the same matter, matters under court adjudication, questions of privilege, and matters that can be raised on a distinct motion.

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35
Q

Why has the Confidence Motion emerged as a new procedural device?

A

The Confidence Motion has emerged as a new procedural device to address situations of fractured mandates resulting in hung parliament, minority governments, and coalition governments.

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36
Q

In what circumstances are governments called upon to prove their majority?

A

Governments formed with a wafer-thin majority are called upon by the President to prove their majority on the floor of the House.

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37
Q

Who can initiate a Confidence Motion?

A

The government of the day, sometimes on its own, can initiate a Confidence Motion to prove its majority and win the confidence of the House.

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38
Q

What is the outcome if a Confidence Motion is successful?

A

If the Confidence Motion goes through and is successful, it results in the fall of the government.

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39
Q

What is the purpose of a Confidence Motion?

A

The purpose of a Confidence Motion is to determine the level of support and confidence that the government enjoys in the House.

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40
Q

What situations can lead to the need for a Confidence Motion?

A

Situations such as fractured mandates, hung parliament, minority governments, and coalition governments can lead to the need for a Confidence Motion.

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41
Q

Who has the authority to call for a Confidence Motion?

A

The President or the government itself can call for a Confidence Motion to establish the majority support of the government.

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42
Q

What happens if a Confidence Motion fails?

A

If a Confidence Motion fails, the government may lose its mandate and may need to explore alternatives such as forming a new government or calling for fresh elections.

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43
Q

What is the significance of the Confidence Motion?

A

The Confidence Motion plays a crucial role in determining the stability and continuity of a government, especially in situations where there is uncertainty regarding its majority support.

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44
Q

How does a Confidence Motion differ from other parliamentary motions?

A

Unlike other motions that focus on specific issues or policy matters, a Confidence Motion directly challenges the government’s ability to retain the confidence and support of the House. Its outcome can lead to significant political consequences, such as a change in government or the dissolution of the House.

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45
Q

What is a Dilatory Motion?

A

A Dilatory Motion is a motion that aims to adjourn the debate on a bill, motion, resolution, or any business under consideration of the House. It can also be used to retard or delay the progress of a business.

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46
Q

When can a member move a Dilatory Motion?

A

A member can move a Dilatory Motion at any time after a motion has been made.

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47
Q

What is the scope of the debate on a Dilatory Motion?

A

The debate on a Dilatory Motion must be restricted to the matter contained in that motion. It cannot veer off to unrelated topics.

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48
Q

What can the Speaker do if they believe a Dilatory Motion is an abuse of the rules?

A

If the Speaker deems a Dilatory Motion to be an abuse of the rules of the House, they may either immediately put the question on the motion or choose not to propose the question at all.

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49
Q

What is the purpose of a Dilatory Motion?

A

The purpose of a Dilatory Motion is to either adjourn the debate on a particular matter or to delay the progress of a business under consideration in the House.

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50
Q

Can a Dilatory Motion be moved on any motion or business?

A

Yes, a Dilatory Motion can be moved on a bill, motion, resolution, or any business that is being discussed in the House.

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51
Q

What is the role of the Speaker regarding a Dilatory Motion?

A

The Speaker has the authority to determine whether a Dilatory Motion is an abuse of the rules and can decide whether to put the question on the motion or decline to propose it.

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52
Q

How does a Dilatory Motion affect the progress of business in the House?

A

A Dilatory Motion, if successful, can disrupt the normal flow of business by either adjourning the debate or intentionally delaying the progress of the matter at hand.

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53
Q

What are the limitations on the scope of debate for a Dilatory Motion?

A

The debate on a Dilatory Motion must remain focused on the content of the motion itself and should not digress into unrelated topics.

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54
Q

What happens if the Speaker declines to propose the question on a Dilatory Motion?

A

If the Speaker declines to propose the question on a Dilatory Motion, it effectively halts the motion from progressing further, and the debate can move on to the next item of business.

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55
Q

What is a Point of Order?

A

A Point of Order is a mechanism by which a member can raise concerns when the proceedings of the House deviate from the normal rules of procedure.

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56
Q

What should a Point of Order relate to?

A

A Point of Order should relate to the interpretation or enforcement of the Rules of the House or relevant articles of the Constitution that regulate the business of the House. It should raise a question within the Speaker’s jurisdiction.

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57
Q

Who typically raises a Point of Order?

A

A Point of Order is often raised by an opposition member with the intention of exerting control over the government.

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58
Q

What is the effect of a Point of Order on the proceedings of the House?

A

A Point of Order suspends the ongoing proceedings before the House, bringing attention to the irregularity or violation of rules. It interrupts the flow of business.

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59
Q

Is debate allowed on a Point of Order?

A

No, no debate is permitted on a Point of Order. It is meant to address procedural matters rather than engaging in substantive discussions.

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60
Q

Why is a Point of Order considered an extraordinary device?

A

A Point of Order is regarded as an extraordinary device because it has the power to temporarily halt the proceedings of the House and does not allow for extensive debate.

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61
Q

What is the purpose of raising a Point of Order?

A

The purpose of raising a Point of Order is to ensure that the proceedings of the House adhere to established rules and regulations. It serves as a mechanism for maintaining order and proper procedure.

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62
Q

Who has the authority to determine the validity of a Point of Order?

A

The Speaker of the House has the authority to determine the validity and relevance of a Point of Order raised by a member.

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63
Q

What is the scope of a Point of Order?

A

A Point of Order should pertain to matters of procedural irregularity or violation of rules within the jurisdiction of the Speaker. It is not meant to address substantive policy issues.

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64
Q

Can a Point of Order be raised at any time during the proceedings?

A

Yes, a member can raise a Point of Order at any time when they believe that the proceedings of the House deviate from the normal rules of procedure.

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65
Q

What is the key difference between a Censure Motion and a No-Confidence Motion?

A

The key difference is that a Censure Motion can be moved against an individual minister, a group of ministers, or the entire council of ministers, while a No-Confidence Motion can only be moved against the entire council of ministers.

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66
Q

Do Censure Motions and No-Confidence Motions need to state reasons for their adoption in the Lok Sabha?

A

Yes, a Censure Motion needs to state the reasons for its adoption, while a No-Confidence Motion does not require stating reasons.

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67
Q

What is the purpose of a Censure Motion?

A

The purpose of a Censure Motion is to censure the council of ministers for specific policies and actions.

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68
Q

What is the purpose of a No-Confidence Motion?

A

The purpose of a No-Confidence Motion is to ascertain the confidence of the Lok Sabha in the council of ministers.

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69
Q

Who can be targeted by a Censure Motion?

A

A Censure Motion can be moved against an individual minister, a group of ministers, or the entire council of ministers.

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70
Q

Who can be targeted by a No-Confidence Motion?

A

A No-Confidence Motion can only be moved against the entire council of ministers.

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71
Q

What is the outcome if a Censure Motion is passed in the Lok Sabha?

A

If a Censure Motion is passed in the Lok Sabha, the council of ministers is not required to resign from office.

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72
Q

What is the outcome if a No-Confidence Motion is passed in the Lok Sabha?

A

If a No-Confidence Motion is passed in the Lok Sabha, the council of ministers must resign from office.

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73
Q

What is the common requirement for both motions to be passed in the Lok Sabha?

A

Both motions require the support and approval of the Lok Sabha to be passed.

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74
Q

Which motion allows for more targeted criticism and accountability, individual ministers or the entire council of ministers?

A

The Censure Motion allows for more targeted criticism and accountability as it can be moved against individual ministers, while the No-Confidence Motion addresses the confidence in the entire council of ministers.

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75
Q

What is another name for Short Duration Discussion?

A

Short Duration Discussion is also known as a “two-hour discussion” because the allotted time for such discussions should not exceed two hours.

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76
Q

On what basis can members of Parliament raise a Short Duration Discussion?

A

Members of Parliament can raise a Short Duration Discussion on a matter of urgent public importance.

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77
Q

How often can the Speaker allot time for Short Duration Discussions?

A

The Speaker can allot two days in a week for Short Duration Discussions in the Parliament.

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78
Q

Is there a formal motion or voting involved in a Short Duration Discussion?

A

No, there is neither a formal motion nor voting during a Short Duration Discussion.

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79
Q

Since when has the device of Short Duration Discussion been in existence?

A

The device of Short Duration Discussion has been in existence since 1953.

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80
Q

What is the purpose of moving resolutions?

A

Members can move resolutions to bring attention to matters of general public interest in the House or the government.

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81
Q

What is the scope of discussion in relation to a resolution?

A

The discussion on a resolution should strictly be relevant to and within the scope of the resolution itself.

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82
Q

Can a member withdraw a resolution or an amendment to a resolution without the leave of the House?

A

No, a member who has moved a resolution or an amendment to a resolution cannot withdraw it except by the leave of the House.

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83
Q

What is the purpose of the Question Hour in parliamentary proceedings?

A

The purpose of the Question Hour is to allow members to ask questions and ministers to provide answers.

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84
Q

What are the three types of questions asked during the Question Hour?

A

The three types of questions asked during the Question Hour are starred questions, unstarred questions, and short notice questions.

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85
Q

What is the difference between a starred question and an unstarred question?

A

A starred question requires an oral answer and allows for supplementary questions, while an unstarred question requires a written answer and does not allow for supplementary questions.

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86
Q

How is a short notice question different from other types of questions?

A

A short notice question is asked by giving a notice of less than ten days and is answered orally.

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87
Q

What is the purpose of a Closure Motion?

A

The purpose of a Closure Motion is to cut short the debate on a matter before the House and proceed to a vote.

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88
Q

How many types of closure motions are there?

A

There are four types of closure motions: Simple Closure, Closure by Compartments, Kangaroo Closure, and Guillotine Closure.

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89
Q

What happens during a Simple Closure?

A

During a Simple Closure, a member moves that the matter, having been sufficiently discussed, be put to vote.

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90
Q

What is Closure by Compartments?

A

Closure by Compartments involves grouping the clauses of a bill or a lengthy resolution into parts, and the debate covers each part as a whole, which is then put to vote.

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91
Q

What is Kangaroo Closure?

A

Kangaroo Closure focuses on debating and voting on important clauses, skipping over the intervening clauses.

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92
Q

What is Guillotine Closure?

A

Guillotine Closure occurs when the un-discussed clauses of a bill or a resolution are put to vote along with the discussed ones due to insufficient time for further discussion.

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93
Q

What is a Privilege Motion?

A

A Privilege Motion is moved by a member when they believe that a minister has breached the parliamentary privileges of the House or its members by withholding or distorting facts. Its purpose is to censure the concerned minister.

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94
Q

When is a Privilege Motion moved?

A

A Privilege Motion is moved when there is a perceived breach of parliamentary privileges by a minister.

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95
Q

What is the purpose of a Privilege Motion?

A

The purpose of a Privilege Motion is to censure a minister who has committed a breach of privilege of the House or its members.

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96
Q

What is a Motion of Thanks?

A

A Motion of Thanks is a motion discussed in both Houses of Parliament after the President’s address. It outlines the government’s policies and programs for the preceding and ensuing year.

97
Q

When is a Motion of Thanks discussed?

A

A Motion of Thanks is discussed during the first session after each general election and the first session of every fiscal year.

98
Q

What happens if a Motion of Thanks is not passed?

A

If a Motion of Thanks is not passed, it signifies the defeat of the government.

99
Q

What does the President’s address correspond to in Britain?

A

The President’s address corresponds to the ‘speech from the Throne’ in Britain.

100
Q

What is the purpose of a Motion of Thanks?

A

The purpose of a Motion of Thanks is to discuss and criticize the government’s policies, programs, and administration based on the President’s address.

101
Q

Who has the opportunity to raise discussions and debates during a Motion of Thanks?

A

Members of Parliament have the opportunity to raise discussions and debates to examine and criticize the government and administration for its lapses and failures.

102
Q

When must a Motion of Thanks be passed?

A

A Motion of Thanks must be passed in the House. Its failure to pass indicates the defeat of the government.

103
Q

What is a Calling Attention Motion?

A

A Calling Attention Motion is introduced in Parliament by a member to draw the attention of a minister to a matter of urgent public importance and seek an authoritative statement on that matter.

104
Q

Is the Calling Attention Motion an Indian innovation?

A

Yes, the Calling Attention Motion is an Indian innovation in parliamentary procedure.

105
Q

How long has the Calling Attention Motion been in existence?

A

The Calling Attention Motion has been in existence since 1954.

106
Q

How does the Calling Attention Motion differ from the zero hour?

A

Unlike the zero hour, the Calling Attention Motion is mentioned in the Rules of Procedure.

107
Q

What is a No-Day-Yet-Named Motion?

A

A No-Day-Yet-Named Motion is a motion that has been admitted by the Speaker but no specific date has been fixed for its discussion.

108
Q

Who decides the date for the discussion of a No-Day-Yet-Named Motion?

A

The Speaker, in consultation with the leader of the House or the Business Advisory Committee, allots a day or part of a day for the discussion of a No-Day-Yet-Named Motion.

109
Q

What happens if a No-Day-Yet-Named Motion is admitted by the Speaker?

A

If a No-Day-Yet-Named Motion is admitted by the Speaker, it means that it has been accepted for discussion, but the date for the discussion has not yet been determined.

110
Q

What is Short Discussion?

A

Short Discussion, also known as a two-hour discussion, is a parliamentary device where the time allotted for discussion should not exceed two hours.

111
Q

What can members raise during a Short Discussion?

A

Members of Parliament can raise discussions on matters of urgent public importance during a Short Discussion.

112
Q

How many days in a week can the Speaker allot for Short Discussions?

A

The Speaker can allot two days in a week for Short Discussions.

113
Q

Is there a formal motion or voting involved in Short Discussion?

A

No, there is neither a formal motion nor voting involved in Short Discussion.

114
Q

Since when has Short Discussion been in existence?

A

Short Discussion has been in existence since 1953.

115
Q

What is a Point of Order?

A

A Point of Order is a parliamentary device that allows a member to raise concerns when the proceedings of the House deviate from the normal rules of procedure.

116
Q

What should a Point of Order relate to?

A

A Point of Order should relate to the interpretation or enforcement of the Rules of the House or articles of the Constitution that regulate the business of the House.

117
Q

Who usually raises a Point of Order?

A

A Point of Order is usually raised by an opposition member to control the government.

118
Q

Is a Point of Order an extraordinary device?

A

Yes, a Point of Order is considered an extraordinary device as it suspends the proceedings before the House.

119
Q

Is debate allowed on a Point of Order?

A

No, no debate is allowed on a Point of Order.

120
Q

What is Special Mention?

A

Special Mention is a parliamentary device where a matter that does not fit other proceedings like Point of Order, Question Hour, etc., can be raised in the Rajya Sabha. In the Lok Sabha, it is known as ‘Notice (Mention) Under Rule 377’.

121
Q

What is an Adjournment Motion?

A

An Adjournment Motion is a parliamentary device used to propose the adjournment of the business of the House in order to discuss an urgent matter of public importance. It requires the consent of the Speaker and is usually discussed in the afternoon at 4.00 p.m.

122
Q

What is a Lame Duck Session?

A

A Lame Duck Session refers to the last session of the existing Lok Sabha after a new Lok Sabha has been elected. It includes the members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha and are referred to as “lame-ducks”.

123
Q

What is Question Hour?

A

Question Hour is the first hour of a sitting of the House dedicated to asking and answering questions. In Lok Sabha, it takes place from 11 am to 12 noon during every sitting.

124
Q

What is the significance of ‘zero hour’?

A

‘Zero hour’ is the period immediately following Question Hour and laying of papers, usually starting around 12 noon. During this time, matters can be raised without prior notice, providing an opportunity for members to bring up urgent issues.

125
Q

What is the process to raise matters during ‘zero hour’?

A

To raise matters during ‘zero hour’, prior notice has to be given on the same morning, with the discretion lying with the presiding officer whether to allow the matter to be raised.

126
Q

What types of questions can elected members ask during Question Hour?

A

Elected members can ask starred questions, unstarred questions, short notice questions, and questions to private members to seek information from various ministries and departments.

127
Q

How is the admissibility of questions determined in Rajya Sabha?

A

The admissibility of questions in Rajya Sabha is governed by Rules 47-50 of the Rules of Procedure and Conduct of Business in the Council of States. Questions fulfilling the conditions of admissibility are sent to the ministry concerned for further examination.

128
Q

How are questions prioritized in Lok Sabha?

A

In Lok Sabha, once the notice for questions is received, ballots are used to determine priority. Starred, unstarred, and short notice questions are entered into software separately and examined for admissibility under Rules 41-44 of the Rules of Procedure and Conduct of Business in Lok Sabha.

129
Q

How are ministries and departments scheduled for answering questions in Lok Sabha and Rajya Sabha?

A

Ministries and departments are divided into five groups (I to V) and allotted specific days (Mondays to Fridays) for answering questions. Each minister has one fixed day in the week for answering questions in Rajya Sabha and another fixed day for answering questions in Lok Sabha.

130
Q

What is a starred question?

A

A starred question is a type of question where the member desires an oral answer from the minister. It is distinguished by the MP with an asterisk. Supplementary questions can also be asked based on the answer provided.

131
Q

What is an unstarred question?

A

An unstarred question is a type of question where the MP seeks a written answer from the minister. The answer is considered to be laid on the table of the House by the concerned minister.

132
Q

What is a short notice question?

A

A short notice question is asked on an urgent matter of public importance, and an oral answer is sought. It requires a notice of less than 10 days, which is shorter than the usual notice period for questions.

133
Q

What is a question to a private member?

A

A question can be addressed to a private member under specific rules in Lok Sabha or Rajya Sabha. It should relate to a subject for which that member is responsible, such as a Bill, resolution, or other matter.

134
Q

When are the questions asked in the Parliament?

A

The questions are asked during the first hour of every sitting, which is commonly known as the ‘Question Hour.’ It is a dedicated time for asking and answering questions in both Houses of Parliament.

135
Q

What is the limit on the total number of questions for any day?

A

The total number of questions for any day is limited to 175, which includes 15 questions for oral answers, questions postponed from one list to another for written answers, and 15 questions related to states under President’s Rule.

136
Q

What governs the admissibility of questions in Rajya Sabha and Lok Sabha?

A

The admissibility of questions in Rajya Sabha is governed by Rules 47-50, while in Lok Sabha, it is governed by Rules 41-44 of the respective Houses’ Rules of Procedure.

137
Q

Who has the authority to decide the admissibility of a question?

A

The Rajya Sabha Chairman and the Lok Sabha Speaker have the authority to decide whether a question or a part of it is admissible according to the norms of the House. They can disallow any question or part that doesn’t meet the admissibility criteria.

138
Q

What are the norms for questions in Rajya Sabha?

A

In Rajya Sabha, questions should be pointed, specific, and confined to one issue only. They should not include unnecessary names or statements, and if a statement is included, the member is responsible for its accuracy. Questions should avoid arguments, inferences, ironical expressions, imputations, epithets, or defamatory statements.

139
Q

What are the criteria for not admitting questions in Lok Sabha?

A

In Lok Sabha, questions that are repetitive, have been previously answered, or pertain to matters pending for judgment before any court of law or under consideration before a Parliamentary Committee are not admitted.

140
Q

How often are questions disallowed in Rajya Sabha?

A

During the last Monsoon Session, 833 questions were disallowed in Rajya Sabha. In the 2013-14 Winter Session, 748 questions were disallowed.

141
Q

Is it difficult for members to challenge the decision when a question is disallowed?

A

Yes, once a question is disallowed, it is often difficult for members to challenge the decision.

142
Q

What was the reason for disallowing a question related to the government’s contract with NSO Group?

A

The government cited that the issue was subjudice as several PILs had been filed in the Supreme Court. Rule 47 (xix) states that questions cannot ask for information on matters under adjudication by a court of law.

143
Q

Why did the Ministry of External Affairs request the Chairman to disallow a question on the “Indian Position in Democracy Index”?

A

The question was deemed sensitive in nature, and therefore, the Ministry requested its disallowance.

144
Q

What is expunction in parliamentary proceedings?

A

Expunction refers to the deletion of words, phrases, or expressions considered defamatory, indecent, unparliamentary, or insinuatory in nature. It can be ordered by the presiding officer of the House.

145
Q

What is a Private Member’s Resolution?

A

It is a resolution moved by a private member (not a minister) and is discussed only on alternate Fridays and in the afternoon sitting.

146
Q

When can a Government Resolution be taken up?

A

A Government Resolution can be taken up any day from Monday to Thursday and is moved by a minister.

147
Q

What is a Statutory Resolution?

A

A Statutory Resolution can be moved by either a private member or a minister and is tabled in pursuance of a provision in the Constitution or an Act of Parliament.

148
Q

How are resolutions different from motions?

A

Resolutions are a type of substantive motion, whereas not all motions are substantive. Additionally, all resolutions require a vote, while not all motions are put to a vote.

149
Q

How many states in India have a unicameral system?

A

Twenty-two states in India have a unicameral system, which means they only have a legislative assembly.

150
Q

Which states in India have both legislative Assemblies and legislative councils?

A

Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka are the six states that have both legislative Assemblies and legislative councils.

151
Q

Is the Union Parliament bicameral or unicameral?

A

The Union Parliament in India is bicameral by the Constitution, meaning it has two houses - the Lok Sabha and the Rajya Sabha.

152
Q

What is the composition of the state legislature in a bicameral system?

A

In a bicameral system, the state legislature consists of three components - the governor, the legislative council, and the legislative assembly.

153
Q

What is the maximum and minimum strength of a Legislative Assembly?

A

The maximum strength of a Legislative Assembly is fixed at 500, and the minimum strength is fixed at 60.

154
Q

Who used to nominate a member from the Anglo-Indian community to the Legislative Assembly?

A

The governor used to nominate one member from the Anglo-Indian community to the Legislative Assembly. However, this provision was deleted by the 104th Constitutional Amendment Act, 2019.

155
Q

How are the territorial constituencies of the Legislative Assembly demarcated?

A

The demarcation of territorial constituencies is done based on the ratio between the population of each constituency and the number of seats allotted to it. This ratio remains the same throughout the state.

156
Q

When is the readjustment of constituencies done for the Legislative Assembly?

A

The delimitation of constituencies is done after each census. The 87th Amendment Act of 2003 provided for the delimitation based on the 2001 census, replacing the earlier 1991 census.

157
Q

Are seats reserved for OBCs in the Legislative Assembly?

A

No, there is no provision for the reservation of seats for Other Backward Classes (OBCs) in the Legislative Assembly. However, seats are reserved for scheduled castes (SCs) and scheduled tribes (STs) based on population ratios.

158
Q

What is the normal term of a Legislative Assembly?

A

The normal term of a Legislative Assembly is five years from the date of its first meeting after the general elections.

159
Q

What does Article 171 of the Constitution talk about?

A

Article 171 of the Constitution talks about the Composition of Legislative Councils.

160
Q

What is the maximum and minimum strength of the Legislative Council?

A

The maximum strength of the Legislative Council is fixed at one-third of the total strength of the Legislative Assembly, and the minimum strength is fixed at 40 members.

161
Q

How are members of the Legislative Council elected?

A

Members of the Legislative Council are indirectly elected through various methods:

*1/3 are elected by the members of local bodies in the state.
*1/12 are elected by graduates residing within the state.
*1/12 are elected by teachers in the state.
*1/3 are elected by members of the Legislative Assembly from among persons who are not members of the assembly.
*The remainder (1/6th) is nominated by the governor from persons with special knowledge or practical experience in various fields.

162
Q

What is the duration of the Legislative Council?

A

The duration of the Legislative Council is six years, and one-third of its members retire on the expiration of every second year.

163
Q

What does Article 169(1) of the Constitution allow Parliament to do?

A

Article 169(1) of the Constitution allows Parliament to either create or abolish a Legislative Council in a state if the Legislative Assembly of the state passes a resolution to that effect.

163
Q

What are the requirements for passing a resolution to create or abolish a Legislative Council?

A

The resolution must be passed by a majority of the total membership of the Legislative Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

164
Q

Is it mandatory for states to have a Legislative Council?

A

No, the Constitution of India does not mandate states to form a Legislative Council. It is the discretion of the Parliament to accept or not accept a resolution for the creation of a Legislative Council.

165
Q

Can a Legislative Council be abolished or created by a simple majority?

A

Yes, the Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) by a simple majority, which means a majority of the members of each House present and voting, if the Legislative Assembly of the concerned state passes a resolution to that effect by a special majority.

166
Q

Can a state that previously abolished its Legislative Council reintroduce it?

A

Yes, a state can reintroduce a Legislative Council if a Bill is introduced in the Legislative Assembly and receives approval from the Governor. An example of this is the recent decision by the West Bengal government to set up a Legislative Council (Vidhan Parishad).

167
Q

What does a special majority imply?

A

A special majority implies a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.

168
Q

What recent demand has been made by the BJD (Odisha)?

A

The BJD (Odisha) is asking the Centre to bring a bill on creating a Legislative Council.

169
Q

What decision has been taken by the Rajasthan government?

A

The Rajasthan government has decided to ask the Central government to constitute a Legislative Council.

170
Q

How is the move by the Rajasthan government perceived by opposition leaders and experts?

A

The move by the Rajasthan government to ask for the constitution of a Legislative Council is seen by opposition leaders and experts as aimed at controlling dissent within the ruling party.

171
Q

What is the legislative power of Legislative Councils?

A

The legislative power of Legislative Councils is limited compared to Rajya Sabha.

172
Q

How do Legislative Assemblies override suggestions or amendments made by the Council?

A

Legislative Assemblies can override suggestions or amendments made to legislation by the Legislative Council.

173
Q

Can MLCs vote in elections for the President and Vice President?

A

No, unlike Rajya Sabha MPs, Members of Legislative Councils (MLCs) cannot vote in elections for the President and Vice President.

174
Q

Who is the Chairperson of Rajya Sabha and Legislative Council?

A

The Vice President serves as the Chairperson of Rajya Sabha, while a member from the Legislative Council itself is chosen as the Council Chairperson.

175
Q

What role can the Legislative Council play in the legislative process?

A

The Legislative Council can ensure individuals with expertise in fields such as literature, science, arts, the co-operative movement, and social services contribute to the legislative process.

176
Q

What is a criticism against the Legislative Council?

A

The Legislative Council can delay legislation and is considered a burden on the state budget. It can also be seen as a way to accommodate leaders who have not been able to win elections.

177
Q

How is the Speaker of the Assembly elected?

A

The Speaker of the Assembly is elected by the assembly itself from amongst its members.

178
Q

What are the powers and duties of the Speaker of the Assembly?

A

The Speaker maintains order and decorum in the assembly, interprets the provisions of the Constitution, rules of procedure, and legislative precedents. They adjourn the assembly, decide on Money Bills, appoint committee chairpersons, and chair certain committees.

179
Q

Who appoints the chairman of committees in the assembly?

A

The Speaker of the Assembly appoints the chairman of all committees in the assembly and supervises their functioning.

180
Q

How is the Deputy Speaker elected?

A

The Deputy Speaker is elected by the assembly itself from amongst its members.

181
Q

What are the powers and duties of the Deputy Speaker?

A

The Deputy Speaker performs the duties of the Speaker’s office when vacant and acts as the Speaker in their absence, possessing all the powers of the Speaker.

182
Q

How is the Chairman of the Legislative Council elected?

A

The Chairman of the Legislative Council is elected by the council itself from amongst its members.

183
Q

What are the powers and duties of the Chairman of the Legislative Council?

A

The Chairman of the Legislative Council has powers and functions similar to those of the Speaker in the Assembly.

184
Q

What is mentioned in Article 173 of the Constitution?

A

Article 173 deals with the qualification for membership of the State Legislature.

185
Q

What does Article 174 of the Constitution cover?

A

Article 174 discusses the sessions of the State Legislature, prorogation, and dissolution by the Governor.

186
Q

What is mentioned in Article 175 of the Constitution?

A

Article 175 grants the Governor the right to address and send messages to the House or Houses of the State Legislature.

187
Q

What does Article 176 of the Constitution specify?

A

Article 176 allows for a special address by the Governor.

188
Q

What are the rights of Ministers and the Advocate-General as respects the Houses mentioned in the Constitution?

A

Article 177 grants specific rights to Ministers and the Advocate-General in relation to the Houses of the State Legislature.

189
Q

What are the qualifications for a person to be chosen as a member of the State Legislature?

A

The qualifications for a person to be chosen as a member of the State Legislature include being a citizen of India, making and subscribing to an oath or affirmation, and meeting the age requirements.

190
Q

What is the minimum age requirement for a person to be a member of the Legislative Assembly?

A

The minimum age requirement for a person to be a member of the Legislative Assembly is not less than 25 years.

191
Q

What is the minimum age requirement for a person to be a member of the Legislative Council?

A

The minimum age requirement for a person to be a member of the Legislative Council is not less than 30 years.

192
Q

Who is responsible for authorizing the oath or affirmation for members of the State Legislature?

A

The person authorized by the Election Commission is responsible for administering the oath or affirmation for members of the State Legislature.

193
Q

What are the key elements included in the oath or affirmation taken by the members of the State Legislature?

A

The oath or affirmation includes swearing to bear true faith and allegiance to the Constitution of India and upholding the sovereignty and integrity of India.

194
Q

How is the Deputy Chairman of the Council elected?

A

The Deputy Chairman of the Council is elected by the council itself from amongst its members.

195
Q

What are the powers and duties of the Deputy Chairman of the Council?

A

The Deputy Chairman of the Council performs the duties of the Chairman’s office when it is vacant.

196
Q

What is the requirement for every member of the Legislative Assembly or Legislative Council of a State?

A

Every member of the Legislative Assembly or Legislative Council of a State is required to take an oath or affirmation according to the form set out in the Third Schedule.

197
Q

How are questions determined in a House of the State Legislature?

A

All questions at any sitting of a House of the State Legislature are determined by a majority of votes of the members present and voting.

198
Q

Where are the salaries of members of State legislatures charged?

A

The salaries of members of State legislatures are charged on the Consolidated Fund of the State.

199
Q

What is the purpose of Article 188 of the Constitution?

A

Article 188 of the Constitution deals with the oath or affirmation to be taken by members of the State legislature.

200
Q

What does Article 189 of the Constitution entail?

A

Article 189 empowers the Houses of the State legislature to vote on matters, act notwithstanding vacancies, and determine the quorum.

201
Q

What does Article 190 of the Constitution address?

A

Article 190 deals with the vacation of seats of members of the State legislature.

202
Q

Who has the authority to disqualify members of the State legislature?

A

The Governor has the authority to disqualify members of the State legislature based on the opinion of the Election Commission.

203
Q

What does Article 192 of the Constitution pertain to?

A

Article 192 deals with the decision on questions related to the disqualifications of members of the State legislature.

204
Q

What are the disqualifications mentioned in relation to the membership of the State legislature?

A

The disqualifications mentioned include holding any office of profit under the Union or state government (except that of a minister or any other exempted office by the state legislature), being of unsound mind and declared so by a court, being an undischarged insolvent, not being a citizen of India or acquiring citizenship of a foreign state, and being disqualified under any law made by Parliament.

205
Q

Can a person hold any office of profit under the Union or state government and still be eligible for membership in the State legislature?

A

No, a person is disqualified from being a member of the State legislature if they hold any office of profit under the Union or state government, except for the office of a minister or any other office exempted by the state legislature.

206
Q

What is the condition for a person to be declared as of unsound mind and disqualified from being a member of the State legislature?

A

A person must be declared as of unsound mind by a court to be disqualified from being a member of the State legislature on the grounds of mental incapacity.

207
Q

Can an undischarged insolvent be a member of the State legislature?

A

No, an undischarged insolvent is disqualified from being a member of the State legislature.

208
Q

Can a person who is not a citizen of India or has voluntarily acquired the citizenship of a foreign state be a member of the State legislature?

A

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 the State legislature. They must be a citizen of India to be eligible.

209
Q

What is the significance of any additional disqualifications imposed by laws made by Parliament?

A

Members of the State legislature can also be disqualified under any law made by Parliament, which adds additional disqualifications beyond those specified in the Constitution.

210
Q

Where can an ordinary bill originate in the state legislature?

A

An ordinary bill can originate in either House of the state legislature in the case of a bicameral legislature.

211
Q

What are the stages involved in the legislative procedure of an ordinary bill?

A

The stages involved are the first reading, second reading, and third reading of the bill.

212
Q

What happens after an ordinary bill is passed by the originating House?

A

After the bill is passed by the originating House, it is transmitted to the second House for consideration and passage.

213
Q

When is a bill deemed to have been passed by the state legislature?

A

A bill is deemed to have been passed by the state legislature only when both Houses have agreed to it, either with or without amendments.

214
Q

What happens to a bill passed by the legislative assembly in a unicameral legislature?

A

In the case of a unicameral legislature, a bill passed by the legislative assembly is sent directly to the governor for his assent.

215
Q

What are the stages involved in the legislative procedure of a bill in the second House?

A

The stages involved are the first reading, second reading, and third reading of the bill.

216
Q

What are the four alternatives available to the legislative council when a bill is transmitted to it from the legislative assembly?

A

1.Pass the bill as sent by the assembly (without amendments).
2.Pass the bill with amendments and return it to the assembly for reconsideration.
3.Reject the bill altogether.
4.Not take any action and keep the bill pending.

217
Q

What happens if the legislative council passes the bill without amendments or if the assembly accepts the amendments suggested by the council?

A

The bill is deemed to have been passed by both Houses and is sent to the governor for his assent.

218
Q

What happens if the assembly rejects the amendments suggested by the council or if the council rejects the bill altogether or does not take any action for 3 months?

A

The assembly may pass the bill again and transmit it to the council.

219
Q

What happens if the council rejects the bill again or passes the bill with amendments not acceptable to the assembly or does not pass the bill within one month?

A

The bill is deemed to have been passed by both Houses in the form in which it was passed by the assembly for the second time.

220
Q

What does Article 200 of the Indian Constitution deal with?

A

Article 200 deals with the powers of the Governor regarding assent given to bills passed by the State legislature and other powers of the Governor.

221
Q

What does Article 201 pertain to?

A

Article 201 pertains to ‘Bills Reserved for Consideration of President’.

222
Q

What are the options available to the President when a bill is reserved by the Governor for his consideration?

A

1.Give assent to the bill.
2.Withhold assent to the bill.
3.Return the bill for reconsideration of the House or Houses of the state legislature.

223
Q

Within what period should the House or Houses reconsider the bill when it is returned by the President?

A

The House or Houses have to reconsider the bill within a period of six months.

224
Q

What happens to the bill after it is reconsidered and passed by the House or Houses?

A

The bill is presented again to the Presidential assent, whether with or without amendments.

225
Q

Is it mandatory for the President to give his assent to a bill reserved for his consideration?

A

It is not mentioned in the Constitution whether it is obligatory on the part of the President to give his assent to such a bill or not.

226
Q

What is the special procedure for the passing of Money Bills in the state legislature?

A

The special procedure for the passing of Money Bills is laid down in Article 198 of the Constitution.

227
Q

Can a Money Bill be introduced in the legislative council?

A

No, a Money Bill cannot be introduced in the legislative council. It can only be introduced in the legislative assembly on the recommendation of the governor.

228
Q

Who can introduce a Money Bill?

A

A Money Bill is considered a government bill and can be introduced only by a minister.

229
Q

What happens after a Money Bill is passed by the legislative assembly?

A

After a Money Bill is passed by the legislative assembly, it is transmitted to the legislative council for its consideration.

230
Q

What powers does the legislative council have with regard to a Money Bill?

A

The legislative council cannot reject or amend a Money Bill. It can only make recommendations and must return the bill to the legislative assembly within 14 days.

231
Q

What options does the legislative assembly have when the legislative council makes recommendations on a Money Bill?

A

The legislative assembly can either accept or reject all or any of the recommendations made by the legislative council.

232
Q

What happens if the legislative assembly accepts any recommendation made by the legislative council on a Money Bill?

A

If the legislative assembly accepts any recommendation, the bill is deemed to have been passed by both the Houses in the modified form.

233
Q

What happens if the legislative assembly does not accept any recommendation made by the legislative council on a Money Bill?

A

If the legislative assembly does not accept any recommendation, the bill is deemed to have been passed by both the Houses in the form originally passed by the legislative assembly without any change.

234
Q

What happens if the legislative council does not return the Money Bill to the legislative assembly within 14 days?

A

If the legislative council does not return the bill within 14 days, the bill is deemed to have been passed by both Houses in the form originally passed by the legislative assembly.

235
Q

What powers does the legislative assembly have in relation to a Money Bill compared to the legislative council?

A

The legislative assembly has more powers than the legislative council with regard to a Money Bill. The legislative council can only detain or delay a Money Bill for a period of 14 days.

236
Q

What options does the governor have when a Money Bill is presented to him?

A

The governor may give his assent, withhold his assent, or reserve the bill for presidential assent. He cannot return the bill for reconsideration of the state legislature.

237
Q

What is the usual action taken by the governor when a Money Bill is introduced in the state legislature?

A

Normally, the governor gives his assent to a Money Bill as it is introduced in the state legislature with his prior permission.

238
Q

What options does the President have when a Money Bill is reserved for his consideration?

A

The President may give his assent to the bill or withhold his assent, but he cannot return the bill for reconsideration of the state legislature.

INDIAN POLITY (40 decks)

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