Parliament Flashcards

1
Q

Legal restrictions on Ind Pa

A
  1. Written C
    - diff bw constituent and legislative powers.
  2. Federal system
    - UL,SL CCL
  3. Judicial Review
  4. FR
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2
Q

Ind Pa is more similar to UK or USA Pa in context of sovereignty ?

A

USA more than UK.

Similarities
- Written C
- Fed govt
- Judicial review
- Bill of Rights

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3
Q

States with max no of LS seats

A

LS
1. UP- 80
2. MH- 48
3. WB- 42
4. BH- 40
5. TN- 39

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4
Q

States with max no. of RS seats

A
  1. UP- 31
  2. MH- 19
    3.TN- 18
  3. WB- 16
  4. BH-16
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5
Q

State w/ max no of reserved seats for SC and STs

A

SC- UP—17 seats
ST- MP- 6 seats

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6
Q

MH seats in
LS
RS
Reserved SC
Reserved ST

A

LS- 48
RS- 19
SC- 5
ST- 4

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7
Q

Seats of UTs in LS

A

Delhi- 7
JK - 5
DNHDD- 2

Rest 5 have 1 seat each.

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8
Q

Seats of UTs in RS

A

JK-4
Delhi- 3
Puducherry- 1

Rest 5 have no seats in RS.

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9
Q

Which UTs have seats reserved for SC/ST?

A

SC—-Delhi- 1 seat.

ST—-LD- 1 seat.

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10
Q

Parliamentary privileges meaning

A

Spl rights
immunities
exemptions

enjoyed by
house
committees
members

Need: ensuring independence, dignity of house.

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11
Q

Parliamentary privileges are extended to whom

A

Members + those entitled to speak and take part in proceedings eg Attorney general of India and Union ministers.

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12
Q

Parlia privileges don’t extend to whom

A

President, tho she is an integral part of the Parliament.

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13
Q

Classification of parliamentary privileges

A
  1. Collectively- available to the house.
  2. Individually available- to members
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14
Q

Collectively available Parliamentary privileges

A
  1. Publish and prohibit reports
  2. secret meetings
  3. make own rules
  4. punish for breach of privilege
  5. imm info abt member-arrest,etc
  6. inquiries and order attendance
  7. courts cant inquire abt house proceedings
  8. no one can be served legal process w/in precincts of the house
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15
Q

Individually available Parliamentary privileges

A
  1. Can’t be arrested during session, 40 days before/after session. Only for civil cases. Not for criminal/ preventive detention.
  2. Vote/words cant be challenged in courts. But subject to Const and rules of Parlia
  3. exempted from jury service when Pa is in session
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16
Q

Difference bw breach of privilege and contempt of court

A

Breach of privilege is a clear violation of the privileges immunities of powers included in.

contempt of House is a more general concept that applies to anything that causes an inability to carry out the members duties.
Actions which are not breaches of any specific privilege but are offences against the dignity and authority of the house amount to contempt of the house.

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17
Q

Contempt of house def

A

Actions which are not breaches of any specific privilege but are offences against the dignity and authority of the house amount to contempt of the house.

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18
Q

Relation bw breach of privilege and contempt of house

A

Contempt of house is not always a breach of privilege

while a breach of privilege is always a contempt of of House

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19
Q

Source of privileges of House

A
  1. A105- freedom of speech in Parlia + right to publish proceedings
  2. Const- other privileges same as that of British House of Commons on date of comm of C.
  3. 44th CAA- other privileges same as that on date of comm of C ie removed ref to Bri House of Commons.
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20
Q

Has Parliament made any exclusive law to codify Parlia privileges?

A

No.
They are based on 5 sources
1. const provisions
2. Various laws of Parliament
3. Rules of houses
4. Parlia conventions
5. Judicial interpretations.

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21
Q

5 source of Parliamentary privileges

A

They are based on 5 sources
1. const provisions
2. Various laws of Parliament
3. Rules of houses
4. Parlia conventions
5. Judicial interpretations.

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22
Q

Legislative powers of the Pa

A
  1. Union list
  2. Residuary powers
  3. Concurrent list- overriding powers
  4. Ordinances w/in 6 weeks
  5. State list on five occasions
    - Nat emergency
    - RS passes reso
    - 2/ more states request
    - President’s rule
    - Int agreements
  6. Skeleton laws- authorizes executive to frame rule
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23
Q

Skeleton laws made by Parliament are called?

A

Delegated legislation/
Executive legislation/
Subordinate legislation

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24
Q

Executive powers of the Parliament

A

Controlling executive via
1. Motions- No confidence, adjournment, censure, etc
2. Committees
3. Hold office as long as enjoy Parlia’s confidence
4, Zero hour, question hour, etc.

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25
How can Pa express loss of confidence in executive
1. No motion of thanks to Prez 2. Rejecting money bill 3. censure/adjournment motion 4. cut motion 5. defeating govt issues
26
Fin powers of Parliament
1. Budgetary control 2. Post budgetary control via: 3 Fin committees - Public Accounts committee - Estimates committee - Comm on Public Undertakings.
27
Rule of lapse in Budget
Unspent money returns to CFI. Helps Pa exercise fin control by preventing formation of reserve funds. But leads to March rush.
28
Constituent Powers of Parliament
- Power to amend C by way of addition, variation or repeal. using simple, spl and spl+ ratification majority.
29
Is the constituent power of the Parlia unlimited?
No. Subject to Basic structure of the C (Keshavanand Bharti Case)
30
Do state legislatures have constituent powers?`
No. Can only pass a reso for recommending creation/abolition of leg council.
31
Judicial powers of Pa
1. Impeach President 2. Removal of Vice President 3. Recomm removal of judges/CEC/SEC/CAG 4. Punishing members for breach/contempt
32
Electoral powers of Pa
- Participates in election of Prez, VP, speaker/chairman/ deputy sp/chariman - makes laws to regulate these elections eg RPA 1951
33
Other powers and functions
- highest deliberative power - approves all 3 emergencies - create/abolish leg councils - in/de area/boundaries/name of state - org and jurisdiction of SC, HC + est common HC.F
34
Ineffectiveness of Parliamentary control
- Pa has neither time nor expertise to control admin - tech nat of demands of grants - leg leadership lies with executive - size too large for eff management - less eff criticism due to maj party - fin comm do post mortem work - guillotine- reduced in fin control - delegated leg- reduced power of Pa - frequent ordinances - gen, sporadic, pol control of Pa - lack of strong and steady opposition
35
RS Equal powers w/ LS
1. Ordinary bills--Intro + passage 2. CAA-- Intro + passage 3. Fin Bills (exp 4m CFI) - intro + passage 4. President- election + impeachment 5. Vice P- election + removal (removal initiated in only RS using eff maj, LS simple maj) 6. Recommendation to president for removal of CJ of SC/HC, CEC, CAG. 7. Approval of ordinances 8. Proclamation of all three emergencies by president 9. Selection of ministers 10. Consideration of Reports of FC, UPSC,CAG etc. 11. Enlargement of jurisdiction of SC & UPSC.
36
RS Unequal powers w/ LS
37
Special powers of RS
1. A249- law on state list 2. A312- new AIS 3. A67- reso to remove VP 4. A352, 356, 360- Proclamation of emergencies when LS dissolved.
38
Need of RS
1. Revision of hasty, defective, careless, ill considered laws 2. Rep to eminent professionals 3. Fed equilibrium.
39
Types of majority
1. Simple 2. Effective 3. Absolute 4. Special-I 5. Special -II 6. Special-III
40
special maj-I def and uses
1. Special-I - Maj of Tot mem + 2/3rd voting and present - A356 - A368 - Removal of SC judges (124); HC judges (217); CAG (148); CEC (324); SEC (243).
41
Special maj-II def and uses
2/3rds maj of total mem of each house. - Impeachment of President (A61)
41
Special maj-III def and uses
2/3rds maj of present and voting - New AIS (A312) - Parliamentary legislation on matters in State list (A249)
42
Effective majority def and uses
Maj of tot mem excluding vacant seats - RS- Removal of VP (A67) & Deputy Chairman (A90) - LS- Removal of Speaker and Deputy Speaker (A94). - maj of effective strength of the house - maj of all the then mem of the house
43
Question hour def and types of questions
First hour of ev Parlia sitting. Mentioned in RoP. Types of questions - to ministers- starred, unstarred & short notice - to pvt members
44
Starred, unstarred and short notice + their colours
Starred: Green, asterisk, oral, supplementary questions asked. unstarred: White, written, no supp questions short notice: Light pink, oral, notice of less than 10 days. pvt member: Yellow, same procedure as questions for ministers.
45
Zero hour
Time gap bw question hour and agenda. - not mentioned in RoP - informal device - urgent matter of pub imp - Ind innovation - Since 1962
46
Devices of Parliamentary proceedings
- Question hour - Zero Hour - Motions - Half an hour discussion - Short duration discussion - point of order - Special Mention - Resolutions - Youth Parliament
47
Types of motions moved b y members to discuss matters
1. Substantive motion - Self contained, indep, on imp matter. 2. Substitute motion - Alternative to OG motion. 3. Subsidiary motion - In ref to OG motions, no meaning of its own. - Types: - Ancillary: Regular way of proceedings - Superseding: To supersede another issue - Amendment: Modify part of OG motion.
48
Calling Attention motion
by member - to call attention of miniter to matter of pubimp and seek authoratativ
49
Closure motion
-to cut short the debate - member - i passed motions stopped and put to vote types 1. Simple closure- sufficiently discussed 2. Closure by compartments- clauses/lengthy reso grouped before debate then and put to vote 3. Kangaroo closure: only imp clauses debated and voted, intervening clauses skipped/taken as passed 4. Guillotine closure: due to want of time undiscussed parts put to vote with discussed ones.
50
Privilege motion
for breach of privilege - agn minister - purpose to censure minister
51
Articles of parliament and Part
A79-122 Part V
52
What constitutes the Indian Parliament?
1. President 2. LS 3. RS
53
When were houses of Indian Parliament given Hindi names?
1954.
54
Is the President a member of the Parliament?
No. But is an integral part of the Parliament. - bills req Presidents assent - summons, prorogues, dissolves the LS - addresses both houses - ordinances
55
Duties of President in the Parliament
- bills req Presidents assent - summons, prorogues, dissolves the LS - addresses both houses - ordinances
56
Composition of RS Related sch?
Max- 250 States & UTs- 238 Nomi- 12 Presently- 245 States-225 UTs-8 Nomi-12 4th schedule.
57
How are reps from States and UTS selected for RS?
States - elected by elected members of state LAs - Proportional Rep by STV UTs - indirectly elected by special electoral college - Proportional Rep by STV - only 3---DH, PC, J&K have req pop for RS rep. Nomi - for LASS - literature, art, science, social service by President.
58
How do UTs selected RS members?
- indirectly elected by special electoral college - Proportional Rep by STV
59
Wh UTs send RS reps
- only 3-- DH, PC, J&K have req pop for RS rep.
60
Criteria for RS nomination
LASS - literature, art, science, social service.
61
Who is an Anglo Indian?
Whose father/male progenitors were of EUR descent but domiciled/born in India
62
Composition of LS
Max- 550 States- 530 UTs- 20 Presently- 543 States-524 UTs-19
63
Which CAA decreased the voting age
61st CAA, 1988
64
What decided the manner of choosing UT LS reps
C has empowered Parliament to choose manner of selecting UT reps from LS UT (Direct Election to the House of the People) Act 1965.
65
Were there any nominated members in LS?
Yes, before 2020. Anglo Indians. OG provision of only ten years---extended---latest by 95th CAA 2009 till 2020--- -104th CAA 2019 ended it.