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
What are the features of financial bill-2?
No provision of article 110.
Non-money matters -> dominate.
Money matters -> Subdued.
Which ballot system is followed in RS election now?
OPEN BALLOT now
What are the qualifications of MP?
1.LS(25yrs),RS(30yrs)
2. Voter of any constituency in India
Which bills were referred for joint sitting(article 108)?
- Dowry Prohibition bill 1961.
- Banking services bill 1978.
- Prevention of terrorist activities bill 2002.
Special session of Lok Sabha can be convened for what?
Can be convened only for discontinuance of NE
What is the purpose of 10th schedule?
To prohibit unethical, political defection among MPs and MLAs
In which case SC held that speaker’s decision with respect to money bill is subject to judicial review ?
Raja Rampal case
Who can convene the special session of Lok sabha ?
Concerned by speaker/President
What was Viplav Sharma vs union of India case?
President is bound by advice of CoM only when CoM enjoys majority in Lok Sabha
Which case held that article 194 and article 105 are subject to article 21, but are not subject to article 19 ?
Keshav singh case
What is good year India vs State of Haryana case?
Constitution is not to be construed as a mere law, but as a machinery by which laws are made
What are the provisions of 104th CAA?
- Removal of Anglo Indian nomination in LS
- Extended SC/ST reservation by 10 years (2030)
What are substantive, substitute and subsidiary motions?
Substantive motion-self-contained motion. Subsidiary motion-amending provisions of substantive motion. Substitute motion -when original motion is changed with other motion.
What was Kihoto Holohan case?
Whip issued by a party would be binding only wrt.-
1.NCM
2.Money bill
3.Vote of thanks
Who disqualifies the MP?
1.President on advice of ECI(binding)
2.Presiding officer (10th schedule)
What are the negatives of anti-defection law?
1.It curbs the role of MLA/MP
2. Not in spirit of representative democracy
3.No effective intraparty democracy
4. No time limit to decide
on election petition.
5.Lack of knowledge and expertise of presiding officer on this matter.
What are the grounds for vacation of MP seats as per RoPA 1951?
- If he is appointed as governor or president
- If he is expelled by house.
- If he election is declared void
- If he has been convicted for more than two years.
- absence, disqualification and resignation.
Who was the first LS speaker?
G.V.Mavalankar
What are the timings of business hour in LS and RS?
LS-2 PM to 6 PM
RS-2 PM to 5 PM
What is the duration for short notice questions?
Less than 10 days, urgent (pink paper)
What are the privileges of house?
- Right to exclude others from each proceedings.
- Right to publish or not publish its proceeding.
- Can punish individuals for contempt.
What happens when LS is dissolved and the president calls for JS of parliament for a bill?
The bill does not lapse
Which SC case held that jayalalthaa can’t become the CM?
B.R.Kapoor vs state of TN
What grounds are mentioned in article 102?
- Undischarged insolvent
- Holds office of profit
- Disqualified by law of parliament
- Unsound mind
Where is NCM mentioned? Is it in constitution?
Parliamentary rules of procedure
No it’s not mentioned in constitution
What was MSM Sharma vs Shri Krishna Sinha case 1959?
Article article 194 and article 105 are not subject to fundamental right
What is the difference between India and uk in matters of quorum?
India- speaker’s responsibility
UK- member’s responsibility
Who appoints speaker protem?
President
What is summoning and prorogation and dissolution?
Summon-call to session
Prorogation-ends that season
Dissolution-ends that LS
When was LoP institutionalised? Who was the first LoP?
1978
Ram Suhag Singh(LS)
What are the provisions of independence of speaker?
- Removal through effective majority
- Salaries and allowances charged on CFI
- Decision of speaker cannot be questioned in court of law
- He votes only in case of tie
- Position in order of precedence is equivalent to CJI
What is the present strength of RS?
245
233-elected
12-nominated
What is One Nation one election also called?
Presidential vs parliamentary debate on stability of govt
Fixed 5year tenure govt
What happens when LS is dissolved and the bill that originated in and is pending before RS?
The bill does not lapse
Which amendment made President bound to give his assent to CAB ?
24th CAA
How many articles and parts are there in Indian constitution?
Articles-446
Parts-25
What was mavalankar’s verbal observation?
Main opposition party strength =quorum of the house (10%)
What is the timing of zero hour?
12 PM to 1 PM
What is article 85?
President shall summon each house (no gap more than 6 months)
Who introduces adjournment motion?
Opposition
What is financial bill-2 also considered as?
Ordinary bill
What is the timing of question hour?
11 AM to 12 PM
What status does the LoP enjoy?
Cabinet minister
What was held in Mohammad Saeed Siddiqi vs state of UP case?
Decision of speaker is beyond judicial review
Which are the longest and shortest sessions of parliament?
Longest-Budget Session
Shortest-Winter Session (December)
What is mentioned in B.R.Kapoor vs state of TN case?
Will of Constitution is above the will of the people (it can also be used against moral policing)
Is domicile requirement a necessity in contesting RS elections?
No,it was done away with it 2003
How is the seniority of speaker protem decided?
Based on number of years served in LS
Is political instability a feature of parliamentary form of govt?
No because stability is there in UK (parliamentary form)
Which ordinary bill requires the prior permission of President?
Article 3(changing name area or boundary of state)
Which article deals with financial bill?
Article 117
Which article is for privileges of Parliament and state legislature ?
Article 105-Parliament
Article 194-state legislature
Why India followed common law instead of continental law?
- Partition and other divisive forces.
- Our system was trained in common law.
- Constitution makers were trained baristers.
Which parliamentary rule allows voting after discussion and which rule does not allow voting?
Rule 184-voting after discussion
Rule 193 -No voting
What is the time period of budget session ?
1st Feb to April
What are the features of financial bill-1 ?
Article 110 and money matters-> dominate.
Non-money matters-> Subdued.
When were the delimitation commissions setup?
1952196319732002
Who was speaker Protem in 2024?
Bhartruhari Mahtab(Odisha)
What is democracy as per Winston Churchill?
Appreciation of diversity is democracy
What is the condition to convene special session of Lok Sabha?
1/10 of members of Lok Sabha write to President/speaker, then 14 days notice is given(against NE)
What is a motion in Parliament?
It is a procedural device by which the functions of house are sought to be achieved
What is MN Venkata Chaliah committee also called?
National committee on review of working of constitution(2002)
What happens when LS is dissolved and bills are pending before LS?
The bill lapses
After the discontinuance of national emergency, by how much can the tenure of LS be increased?
By not more than 6 months
Who can convene the special session of Parliament?
Convened by President at the advice of CoMs.
Which countries follow the majority vote system of elections?
France,US,Iran
What are the functions of parliament?
- Election of PM
- Expressive function (express the minds of people)
- Teaching functions
- Informative functions
- Legislative function
Which country is following continental law and common law?
Continental-France, Italy, Germany, Norway.
Common-India, UK
Is there a cap on political party expenditure in election?
No, cap is only on candidate’s expenditure not on political party
What governs the special session of Lok Sabha ?
Governed by constitution (Article 352)
What happens when LS is dissolved and bill was passed by LS ?
The bill lapses
Which article directs the parliament to provide for readjustment of LS and SLA constituencies?
Article 82
