Parliament Flashcards

1
Q

Other name of Parliamentary form of government

A

Westminster model of government

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2
Q

Which article and part of the constitution deals with the organisation, composition, duration, et cetera of the Parliament

A

Article 79 to 122 in part V of the Constitution

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3
Q

Three organs of the state

A

Legislature, executive and judiciary.

Legislature. Make laws. , executive is implement those laws and judiciary interpret those laws for their constitutional validity. 

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4
Q

What type of legislature does the Indian Parliament have?

A

Federal legislature. It consist of two houses Lok Sabha and the Rajya Sabha.

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5
Q

How many members are there in the Lok Sabha?

A

545 members

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6
Q

Lok Sabha

A

Lok Sabha is the popular and directly elected House. All of its 545 members except 2 are directly elected by people of India through the first past the post method.

Lok Sabha is the lower house, first chamber or popular house.

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7
Q

Rajya Sabha

A

Rajya Sabha is an indirectly elected House. Rajya Sabha are present state and act safety valve against the decisions taken by the Lok Sabha on popular demand.

Rajya Sabha is the Upper house and the second chamber or house of elders.

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8
Q

Maximum tenure of Lok Sabha

A

Lok Sabha is a temporary house having a maximum tenure of five years

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9
Q

Tenure of Rajya Sabha

A

Rajya Sabha is a permanent house, it never dissolved. However, one third of the members retire every second year.

Each individual Rajya Sabha members have a fixed tenure of six years

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10
Q

Organisation of the Parliament

A

The Parliament consist of three parts:
The President
The council of states (Rajya Sabha)
The House of People (Lok Sabha)

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11
Q

When was the names Rajya Sabha and Lok Sabha adopted by the council of states in the House of People

A

1954

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12
Q

Is the President of India a member of either house of the Parliament

A

No. The President of India is not a member of either house of Parliament and does not sit in Parliament to attend its meeting. But he is an integral part of the Parliament. This is because a bill passed by both the houses of Parliament cannot become law without a president assent. He also perform certain functions relating to the proceedings of the Parliament.

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13
Q

Composition of Rajya Sabha

A

The maximum strength of the Rajya Sabha is fixed at 250 out of which 238 are to be the representatives of the state and union territories, elected indirectly and 12 are nominated by the president.

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14
Q

Present composition of Rajya Sabha

A

245 members out of which 229 members to represent the state,4 members represent the union territoris and 12 members are nominated by the President.

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15
Q

How are the representatives of the State e of the Rajya Sabha elected?

A

The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies.

The election is held in accordance with the system of proportional representation by means of the single transferable vote .

Hey Siri say lot it to the states in the Rajya Sabha on the basis of population . Hence, the number of representatives varies from state to state.

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16
Q

How are the representatives of union territories elected?

A

The representatives of each union territory in the Rajya Sabha or indirectly elected by members of an electoral college, specially constituted for the purpose.

This election is also held in accordance with the system of proportional representation by means of the single transferable vote .

Out of the seven union territories only two have re-presentation in Rajya Sabha . The population of other five union territories are too small to have any representation in the Rajya Sabha.

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17
Q

Which to union territories have re-presentation in Rajya Sabha

A

Delhi and Puducherry

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18
Q

Fixedcomposition of Lok Sabha

A

The maximum strength of the Lok Sabha is fixed at 552. Out of these 530 members at to be there representatives of the state., 20 members are to be the representatives of the union territories and two members are to be nominated by the president from the Anglo Indian community.

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19
Q

At present, how many members does the Lok Sabha have

A

545 out of which 530 members represents the state, 13 members to present the union territories and two Anglo Indian members are nominated by the president

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20
Q

How are the representatives of states in the Lok Sabha elected?

A

The representatives of seats in the Lok Sabha are directly elected by the people from the territorial constituencies of the states.

The election is based on the principle of universal adult franchise which is every Indian citizen who is above 18 years of age and who is not disqualified under the provisions of the Constitution or any law is eligible to vote at such elections

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21
Q

Which amendment reduced the voting age from 21 to 18 years

A

61st constitutional amendment act, 1988

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22
Q

What is union territories act, 1965

A

Direct election to the house of People. The constitution has empowered the representatives of the union territories in the Lok Sabha to choose the manner of election. Accordingly, the Parliament as in acted the union territories act by which the members of the Lok Sabha from union territories are chosen by direct election.

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23
Q

Readjustment of seats

A

The 42nd amendment act of 1976, froze, all allocation of seats in the Lok Sabha to the states and the divisions of each state into territorial constituencies till the year 2000.

These-ban on readjustment was extended for another 25 years(up to 2026) by the , 84 amendment act of 2001 with the same objective of encouraging population limiting measures .

Later 87th amendment act of 2003 provided for delimination of constituencies on the basis of 2001 census and not 1991

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24
Q

Duration of Rajya Sabha

A

The Rajya Sabha is a continue chamber that is, it is a permanent body and not subject to dissolution.

One third of its members retire every second year . Their seats are filled up by fresh elections and presidential nominations at the beginning of every third year. The retiring members are eligible for re-election and re-nomination. Any number of times.

The term of office of a member of the Rajya Sabha is six years

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25
Q

Duration of Lok Sabha

A

The Lok Sabha is a continue in chamber. Its normal term is five years from the date of its first meeting after the general election.

The President is authorised to dissolve the Lok Sabha at any time even before the completion of five years and this cannot be challenged in the court of law

The term of Lok Sabha can be extended during the period of national emergency by a law of Parliament for one year at a time for any length of time . However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate

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26
Q

Qualifications to be the member of Parliament

A

He must be a citizen of India.

He must make and subscribe to an oath before the person authorised by the election commission for this purpose.

He must not be less than 30 years of age in case of the Rajya Sabha and not less than 25 years of age in case of Lok Sabha .

He must be registered as an elector for a parliamentary constituency . This is same in the case of both the Rajya Sabha and Lok Sabha.

He must be a member of a scheduled caste and scheduled Tribes in any state or union territory if you wants to contest seat reserved for them. However, a member of schedule caste and schedule Tribes can also contest a seat not reserved for them.

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27
Q

Disqualifications of the member of Parliament

A

If he hold any office of profit under the union or state government.

If he is of unsound mind and stand so declared by a court .

If he is an and undischarged insolvent

If he is not a citizen of India, or has voluntarily acquired a citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state

If he is not disqualified under any law made by the Parliament .

He must not have been found guilty of certain election offences or corrupt practises in in the elections

He must not have been convicted for any offence is resulting in imprisonment for two or more years .

He must not have failed to lodge an account of his election expenses within the time.

He must not have any interest in government contract, works or services .

He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25% share

He must not have been dismissed from government services for corruption or disloyalty to the state.

He must not have been convicted for promoting enmity between different groups or for the offence of bribery

He must not have punished for breaching and practising social crimes such as untouchability, dowry and Sati

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28
Q

Disqualifications of the member of the Parliament on ground of defection under the provisions of the 10th schedule

A

If he voluntary gives up on the membership of the political party on whose ticket he is elected to the house

If you words or abstain from voting in the house, contrary to any direction given by his political party

If any independently elected members joints, any political party

If any nominated members joins any political party after the expiry of six months 

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29
Q

Vacating of seats

A

Double membership: a person cannot be a member of both house is at the same time. If a person is elected to both the house of the Parliament, he must intimate within 10 days, in which house he desires to serve. Similarly, a person cannot be a member of both the Parliament and state legislature at the same time. If a person is so elected, his seat in parliament becomes weekend if he does not resign in the state legislature within 14 days

Disqualification - a member of Parliament become subject to any disqualification specified in the Constitution, his seat becomes vacant.

Resignation -any member can resign his seed by writing to the chairman of Rajya Sabha or Speaker of Lok Sabha

Absence -house can declare the seat of a member weekend if he is absent for all its meetings for a period of 60 days without its permission.

Other cases - if his election is declared void by court
If he is expelled by the house
If he is elected to the office of president or vice president
If is appointed to the office of governor of a state

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30
Q

Who determines the salary and allowances of the member of the Parliament

A

The Parliament

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31
Q

Speaker of the Lok Sabha

A

Election and tenure - the speaker is elected by the Lok Sabha from amongst its members. The date of election of the speaker is fixed by the President.

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32
Q

Inverter grounds. Does the speaker of the Lok Sabha has to vacate his office

A

If he seizes to be a member of the Lok Sabha

If he resigns by writing to the deputy speaker

If he is removed by a resolution passed by a majority of all themembers of the Lok Sabha. Such a resolution can be moved only after giving 14 days advance notice.

When a resolution for the removal of the speaker is under consideration of the house, he cannot reside at the sitting of the house though he may be present . However, he can speak and take part in the proceedings of the house at such a Time.

Whenever the Lok Sabha is dissolved, the speaker does not vacate his office and continues till the newly elected Lok Sabha meets

33
Q

Where does the speaker of the Lok Sabha derive his powers?

A

The Constitution of India

The rules of procedure and conduct of business of Lok Sabha

Parliamentary conventions (residuary powers that are and written or unspecified in the rules)

34
Q

Powers of the Lok Sabha, Speaker

A

He maintains order and decorum in the house for conducting its business and regulating its proceedings.

He is the final interpreter of the provisions of the Constitution of India , the rules of procedure and conduct of business of Lok Sabha, and a parliamentary precedents within the house

He adjourns house or suspense, the meeting in absence of quorum

He does not vote in the first instance. But he can exercise a casting vote in case of a tie

He presides over joint setting of the two Houses of Parliament

He can allow a secret sitting of the house at the request of the leader of the house

He decides whether a bill is a money bill or not, and his decision on this question is final

He decides the questions of disqualification of a member of the Lok Sabha.

He acts as the ex officio chairman of the Indian Parliamentary group which acts as a link between Parliament of India and various Parliament of the world.

He acts as the ex officio, chairman of the conference of preceding officers of legislative bodies in the country.

He appoints all the chairman of all the Parliamentary committees of the Lok Sabha and supervises their functioning .

He himself is the chairman of the business advisory committee, the rules, committee, and a general purpose committee .

35
Q

Who fixes the date of election of the speaker and deputy Speaker of the Lok Sabha?

A

Speaker- by the President

Deputy Speaker - speaker

36
Q

One special privilege of the deputy speaker

A

Whenever he is appointed as a member of the Parliamentary committee, he automatically becomes its chairman

37
Q

The speaker of the Lok Sabha is the chairman of which committee

A

Business advisory committee

The rules committee

The general purpose committee

38
Q

Does Speaker of the Lok Sabha is the ex officio chairman of what?

A

Indian Parliamentary group, which X S. A link between the Parliament of India and various parliaments of the world.

He also acts as the ex officio chairman of the conference of presiding officers of legislative bodies in the country

39
Q

Who is speaker pro tem

A

He has all the powers of the speakers

He presides over the first sitting of the newly elected Lok Sabha

His main duty is to administer oath to the new members and also enable the house to elect the new speaker .

40
Q

Who is the chairman of the Rajya Sabha?

A

The vice president of India

41
Q

The speaker of the Lok Sabha has to special powers which are not enjoyed by the chairman

A

Does Speaker decides whether a bill is a money bill or not and his decision on this question is final

The speaker precides over a joint sitting of the two houses of Parliament

FYI The speaker of the Lok Sabha is a member of a political party, but the chairman of the Rajya Sabha is not

42
Q

Leader of the house

A

The leader of the Lok Sabha is the prime minister or he is nominated by the prime minister.

The leader of the house in the Rajya Sabha is a minister and a member of the Rajya Sabha and is nominated by the Prime Minister to function as such . The leader of the house in either house is an important functionary, an exercise direct influence on the conduct of business

43
Q

Who is the leader of the opposition?

A

In each house of Parliament, there is the leader of the opposition. The Leader of the largest opposition party having not less than 1/10 seats of the total strength of the house is recognised as a leader of the opposition in that house.

44
Q

What is the shadow cabinet?

A

The British political system has a unique institution called a shadow cabinet.

It is formed by the opposition party to balance the ruling cabinet and to prepare its members for future ministerial offices .

Did shadow cabinet serves as the alternate cabinet if there is change of government

45
Q

Who is a Whip

A

Every political party, weather, ruling or opposition has its own whip in the Parliament.

Hiese appointed by the political leader to serve as an assistant floor leader

He is charged with the responsibility of ensuring the attendance of his party members in large numbers in securing your support in favour or for against a particular issue

He regulates and monitors their behaviour in the Parliament

46
Q

Maximum gap between two sessions of Parliament

A

Six months

47
Q

There are usually three sessions in a year which are

A

The budget session( February to May)

The monsoon session ( July to September)

The winter session ( November to December)

48
Q

Adjournment sine

A

Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die. The power of adjoumment as well as adjournment sine die lies with the presiding officer of the House. He can also call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

49
Q

Quorum order maximum number of members required to be present in the house before it can transact any business

A

One tenth of the total number in each house including the presiding officer.

Lol Sabha - 55

Rajya Sabha- 25

50
Q

Lame duck session

A

It refers to the last session of the exist in Lok Sabha after a new Lok Sabha has been elected.

Those members of the existing Lok Sabha, who could not get re-elected to the Lok Sabha called lame ducks

51
Q

Question hour

A

The first hour of every Parliamentary sitting is slotted for this. During this time, the member ask questions and a minister usually gives answers.

There are three kinds of questions

A starred question -requires an oral answer, and hence supplementary questions can follow

Unstarred - requires a written answer and hence supplementary questions cannot follow

A short notice Question - wonder is asked by giving a notice of less than 10 days. It is answered orally

52
Q

Zero hour

A

Zero hour starts immediately after the question hour in last until the agenda for the day is taking up. In other words, the time gap between the question hour and agenda is known as zero hour. It is an informal device available to the members of the Parliament to raise matters without any prior notice.

53
Q

The motions moved by the members to raise discussion on various matters, fall into three principal categories

A

Substantive motion- is a self-contained independent proposal dealing with a very important matter like impeachment of the President

Substitute motion - it is a motion that is moved in substitution of an original motion and proposes an alternative to it

Subsidiary motion- it is a Motion by it. Self has no meaning and cannot state the decision of the house without reference to the original motion or proceeding of the house.

54
Q

What is closure motion?

A

It is a motion moved by a member to cut short the debate on the matter before the House. If the motion is approved by the house, the bed is stopped and matter is put to vote.

There are four kinds of closure motions
1. Simple closure.- it is one when a member moves that the matter having been sufficiently discussed, be put to vote.

  1. Closure by compartments.- in this case, the clauses of a bill or a Lindy resolution or groups into parts before the debate
  2. Kangaroo closure- under this type, only important clauses Are taking up for debate and voting.
  3. Guillotine- it is one when the undiscussed clauses of a bill or a resolution or also put to vote along with the discussed ones due to time
55
Q

Privilege motion

A

It is concerned with the breach of Parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the house or one or more of its members by holding facts of the case or by giving wrong or distorted facts. Its purpose is to censor the concerned minister.

56
Q

Calling attention motion

A

It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance and to seek an authoritative statement from him on that matter.

57
Q

Adjournment motion

A

It is introduced in the Parliament to draw attention of the house to a definite measure of urgent importance and needs the support of 50 members to be admitted. The Rajya Sabha is not permitted to make use of this device.

58
Q

No confidence motion

A

Article 75 of the Constitution says that the council of ministers shall we collectively responsible to the Lok Sabha. It means that the ministry station office as long as it enjoys the confidence of the majority of the members of the Lok Sabha. In other words, the Lok Sabha can remove the ministry from office by passing a no-confidence motion. Demotion needs the support of 50 members to be admitted.

59
Q

Motion of thanks

A

The first session after each general election and the first session of every fiscal year is addressed by the president. In this address, the president outlines the policies and programmes of the government in the preceding year and ensuing year. This address of the president, which corresponds to the ‘speech from the Throne in Britain’ is discussed in both the Houses of Parliament on a motion called the ‘Motion of Thanks. At the end of the discussion, the motion is put to vote. This motion must be passed in the House. Otherwise, it amounts to the defeat of the government. This inaugural speech of the president is an occasion available to the members of Parliament to raise discussions and debates to examine and criticise the government and administration for its lapses and failures.

60
Q

No day yet named mouton

A

No-Day-Yet- Named Motion It is a motion that has been admitted by the Speaker but no date has been fixed for its discussion. The Speaker, after considering the state of business in the House and in consultation with the leader of the House of on the recommendation of the Business Advisory Committee, allots a day or days or part of a day for the discussion of such a motion.

61
Q

Point of order

A

A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure. A point of order should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House and should raise a question that is within the cognizance of the Speaker. It is usually raised by an opposition member in order to control the government. It is an extraordinary device as it suspends the proceedings before the House. No debate is allowed on a point of order.

62
Q

Half n hour discussion

A

It is meant for discussing a matter of sufficient public importance, which has been subjected to a lot of debate and the answer to which needs elucidation on a matter of fact. The Speaker can allot three days in a week for such discussions. There is no formal motion or voting before the House.

63
Q

Short duration discussion

A

It is also known as two hour discussion as the time allotted for such a discussion should not exceed two hours.
Play members of the Parliament can raise such discussion on a matter of public importance. The speaker can allot two days in a week for such discussion.

64
Q

Types of resolutions

A

Private Member’s Resolution: It is one that is moved by a private member (other than a min-ister). It is discussed only on alternate Fridays and in the afternoon sitting.
2. Government Resolution: It is one that is moved by a minister. It can be taken up any day from Monday to Thursday.
3. Statutory Resolution: It can be moved either by a private member or a minister. It is so called because it is always tabled in pursuance of a provision in the Constitution or an Act of Parliament.

65
Q

Thora of bills introduced in the parliament

A

categories:
1. Ordinary bills, which are concerned with any matter other than financial subjects.
2. Money bills, which are concerned with the financial matters like taxation, public expen-diture, etc.
3. Financial bills, which are also concerned with financial matters (but are different from money bills).
4. Constitution amendment bills, which are concerned with the amendment of the provisions of the Constitution.

66
Q

Stages of ordinary bill in a parliament

A

First reading - the introduction of the bill and its publication in the gazette constitute the first reading of the bill

Second reading - during this stage, the bill received is not only the general but also detailed scrutiny and assume its final shape. Most important stage.. there are three more sub stages- namely stage of general discussion, committee, stage and consideration stage.
A) stage of general discussion- the printed copies of the bill or distributed to all the members. The principles of the bill and its provisions are discussed generally but the details of the bills are not discussed.
B) committee stage- the usual practice is to refer the bill to a select committee of the house. These committee examines the bill thoroughly and detail clause by clause. It can also amend provisions..
C) consideration stage- the house. After receiving the bill from the select committee considers the provisions of the bill clause by clause . each clause is discussed and voted upon separately.

  1. Third reading.-at this stage, the debate is confined to the acceptance or rejection of the bill as a whole and no amendments are allowed . Thereafter, the bill is authenticated by the presiding officer of the house and transmitted to the second house for consideration and approval.

A bill is deemed to have been passed by the Parliament only when both of the houses have agreed to it

  1. Bill in the second house.- in the second house, the bill passes through all the three stages.
  2. Assent of the president - every bill after being passed by both the houses of Parliament is presented to the President for his assent.
67
Q

Which article deals with the definition of money bills

A

Article 110

68
Q

Who can introduce money bills

A

A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the President.

Every such bill is considered to be a government bill and can be introduced only by a minister

After a money bill is passed by the Lok Sabha it is transmitted to the Rajya Sabha for its consideration . It cannot reject or amend a money bill. It can only make recommendations. The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.

69
Q

Joint sitting

A

The provision of joint sitting is applicable to ordinary bill or financial bills only and not to money bills or constitutional amendment bills.

The speaker of Lok Sabha precise over a joint sitting and the deputy speaker in his absence. And if the deputy speaker is also absent, the deputy chairman of Rajya Sabha precides. The chairman of Rajya Sabha that’s not Preside over a joint sitting as he is not a member of either house of the Parliament.

The quorum to constitute a joint sitting is 1/10 of the total number of members of the two houses .

The joint sitting is governed by the rules of procedure of Lok Sabha and not of Rajya Sabha

70
Q

The bills passed at joint sittings

A

Dowry Prohibition bill , 1960

Banking service commission (repeal) Bill, 1977

Prevention of terrorism Bill, 2002

71
Q

The Lok Sabha can express lack of confidence in the government in the following ways

A

By not passing a motion of thanks on the President’s inaugural address.
(b) By rejecting a money bill.
(c) By passing a censure motion or an adjournment motion.
(d) By defeating the government on a vital issue.
(e) By passing a cut motion.

72
Q

Rule of lapse

A

The budget is based on the principle of annuality, that is, the Parliament grants money to the government for one financial year. If the granted money is not spent by the end of the financial year, then the balance expires and returns to the Consolidated Fund of India. This practice is known as the ‘rule of lapse’. It facilitates effective financial control by the Parliament as no reserve funds can be built without its authorisation. However, the observance of this rule leads to heavy rush of expenditure towards the close of the financial year. This is popularly called as ‘March Rush’

73
Q

The Parliamentary control over the executive in financial matters operates in two stages

A

(a) budgetary control, that is, control before the appropriation of grants through the enactment of the budget; and
(b) post-budgetary control, that is, control after the appropriation of grants through the three financial committees.

74
Q

One exception in which the state legislature can pass a resolution, to initiate the process of the amendment of the constitution

A

The state legislature can pass a resolution, requesting the Parliament for the creation or abolition of the legislative council in the state. Based on the resolution, the Parliament makes an act for amending the Constitution to that effect.

75
Q

Removal of the vice president

A

Rajya Sabha alone can initiate the removal of the vice president. He is removed by a resolution passed by the Rajya Sabha by a special majority and agreed to it by the Lok Sabha by a simple

76
Q

Collective priveleges

A

In has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same. The 44th Amendment Act of 1978 restored the freedom of the press to publish true reports of parliamentary proceedings without prior permission of the House. But this is not applicable in the case of a secret sitting of the House.
2. It can exclude strangers from its proceedings and hold secret sittings to discuss some important
matters.
3. It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters.

  1. It can punish members as well as outsiders for breach of its privileges or its contempt by rep-rimand, admonition or imprisonment (also suspension or expulsion, in case of members).25
  2. It has the right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member.
  3. It can institute inquiries and order the attendance of witnesses and send for relevant papers and records.
  4. The courts are prohibited to inquire into the proceedings of a House or its committees.
  5. No person (either a member or outsider) can be arrested, and no legal process (civil or crimi-nal) can be served within the precints of the House without the permission of the presiding officer.
77
Q

Individual privileges

A
  1. They cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases.
  2. They have freedom of speech in Parliament.
    No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees. This freedom is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of Parliament. 26
    .
    They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.
78
Q

Present speaker of the Lok Sabha

A

Sumitra Mahajan

79
Q

First speakers of the Lok Sabha

A

Ganesh Vasudev mavalanker 1952 to 1956(died)

Ananthasayanam Ayyangar 1956-57