New Flashcards
How much expenditure is allowed in election?
LS- ₹ 70 to 95 lakhs
SLA- ₹28-40 lakhs
What is mentioned in
SR Chaudhary vs State of Punjab ?
Upheld basic principles of
Parliamentary democracy .Will of people (electorate) Cannot be subordinated.
Who was the first opposition leader? Which party?
A.K.Gopalan 1952
CPI party
What is the relevance of RS?
- Uphold federal scheme of constitution (representation of states).
2.RS prevents LS from passing hasty legalisations - Opportunity to incorporate expertise (nominated members)
- Approval of national emergency
- Approval of CAA
What happens if a person is sitting member of one house and is elected to the other house?
His seat becomes vacant in the first house
Why codification of privileges is not done yet?
- It may invite judicial scrutiny.
- It may hinder Parliament’s capacity to meet unforeseen situations.
- Though uncodified, it is not used frequently.
Starred and unstarred questions are written on which colour paper?
Starred-green paper
Unstarred-white paper
What happens when vote of thanks motion is not passed in LS and RS?
LS-loss of confidence
RS-only moral embarrassment
What are the functions of speaker protem?
- Administers oath of office to newly elected members of LS
- Presides over the election for speaker
Which majority is required in joint sitting?
Simple majority
Which is the largest LS constituency? Which is the smallest LS constituency?
Largest-Malkajgiri,Telangana(29 lakh voters)
Smallest-Lakshadweep (47k voters)
What are the provisions to prevent misuse of amending powers of Parliament?
- Need of special majority.
- Need of ratification by states(federal provisions)
- Judicial review
- Theory of basic structure.
- No provision of joint sitting.
- Civil society and media.
Total strength of RS?
250
238-elected
12-nominated
What are the way forward for anti-defection law?
- Restrict the use of defection law only to confidence and no confidence motion(UK model)
- President/governor should exercise such functions on recommendation of ECI(law commission report)
- Whip should be binding only in cases of NCM,money bill and vote of thanks (Kihoto Holohan case)
- Politically neutral person should be appointed as the speaker (UK model)
What happens when there is no codification of Parliamentary privileges?
MP/MLAs have privileges equal to that of House of Commons of UK
What is article 164?
Appointment of anyone as minister by CM
What is a state?
An abstract entity to enforce law
What happens if a person becomes MP and MLA at the same time?
14 days notice/MP
Which ballot system is followed in president and vice president election ?
SECRET BALLOT
President (Article 55)
Vice president (Article 66)
Why all money bills are financial bills, but all financial bills are not money bills?
Because money bills require certification by speaker, but not financial bill.
Who adjourns the house?
Presiding officer
How to tackle political instability in India?
Follow German model of constructive motion if no confidence (alternative motion)
What are the exclusive powers of LS only?
- Money bill
- No confidence motion
- Disapproval of national emergency (which is under operation)
Is Freedom of speech of MPs subject to reasonable restrictions?
No
Special session of Parliament can be convened for what?
Can be convened for any purpose, like team India wins
Does speaker protem resign?
No, he/she is automatically steps down
What are the examples of continental laws in India?
1.NGT act
2. Consumer protection act.
Clients can defend themselves .
Which countries follow the FPTP system in election ?
British,Australia,India,Canada
What are the non federal features of RS?
- Representation of UTs in RS
- Non equal representation of states in RS based on population (1971 census)
What is a tax?
Compulsory payment to government
What majority for election of speaker and removal of speaker ?
Election-simple majority
Removal-effective majority
What are the immunities of MP/MLAs?
- Freedom of speech.
- freedom from arrest(civil matters)
- Freedom firm juriservice.
Which article deals with disqualification of MP?
Article 102
What are the exceptions of right to speech of MP/MLA?
- Freedom of speech is subjected to rules of procedure of house.
- No discussion can take place on the conduct of SC/HC judge.
What happens if a person is elected to both houses of the Parliament?
10 days intimidation to choose/upper house
What are the positives of anti-defection law?
1.Ensure stability of government
2.Ensures party discipline
3.Help political parties fulfil their election agenda 4.facilitates realignment of political parties by way of merger.
What is the need of codification of privileges?
- It is against the idea of limitation of powers
- Against Article 19 and article 21.
- These privileges can be misused for vested political interest.
- In India, Constitution is supreme and not the Parliament.
- Even the constituent assembly and constitution contemplated the codification of privileges
(Article 164) to be used as an exception and not as a norm. This was said in which case??
S R Chaudhary vs state of punjab
What is continental law?
It is progressive and citizen friendly law, where clients can defend themselves.
Which rule mentions zero hour?
Rule 377 of Parliamentary procedure
What are the functions of speaker protem?
1.Administers oath of office to newly elected members of LS.
2. Presides over the election of speaker.
What was Gunnu Keshavaram Reddy vs Nafisul Hasan case 1954?
Article 194 and article 105 are subject to fundamental rights
Which article asks for codification of Parliamentary privileges?
Article 105(3)
What are the steps in the passage of a bill?
- First reading.
- bill is referred to DRSC
- General discussion of principles of bill.
- Bill is put to vote.
- Bill is admitted to 2nd house.
- President’s assent.
What happens when LS is dissolved and bill is waiting president’s assent ?
The bill does not lapse
What was held in Raja Rampal case?
Decision of speaker is subject to judicial review
What is the basis of nation?
Based on feeling of oneness