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PTS 2023 L1 Test 8 Solutions
PTS 2023 L1 Test 8 Solutions
GENERAL STUDIES
RE
POLITY - 2
O
Answer Key
SC
Q. 1 (c) Q. 11 (c) Q. 21 (d) Q. 31 (b) Q. 41 (d)
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1. Correct Option: (c) But, term ending is not the only way to
revoke the President’s rule, the President
Explanation: can revoke it by proclaiming the revocation
Both statements are correct of the President’s Rule at any time without
getting approval from the Parliament.
Supplementary notes:
Grounds for the ‘President’s Rule’ in a 3. Correct Option: (b)
state (Article 356)
Explanation:
Article 356 empowers the President to
issue a proclamation if he is satisfied Statement 1 is incorrect: The legislative
that a situation has arisen in which the processes in the State do not remain
government of a state cannot be carried suspended during the President’s Rule.
on in accordance with the provisions of the Statement 4 is incorrect: Laws made
Constitution. Notably, the president can during the period of the President’s rule
act either on a report of the governor of the remain operational unless they are repealed
state or otherwise too (i.e., even without the or altered or re-enacted by the state
governor’s report). legislature.
Article 365 says that whenever a state Supplementary notes:
fails to comply with or to give effect to any
direction from the Centre, it will be lawful State legislature during the President’s
for the president to hold that a situation has Rule
arisen in which the government of the state The President acquires the following
cannot be carried on in accordance with the extraordinary powers when the President’s
provisions of the Constitution. Rule is imposed in a state:
Parliamentary Approval and Duration He/she can take up the functions of the
state government and powers vested
A proclamation imposing the President’s
in the governor or any other executive
rule must be approved by both the houses
authority in the state.
of parliament within two months from the
date of its issue. He/she can declare that the powers of
the state legislature are to be exercised
However, if the proclamation of President’s
by the Parliament.
rule is issued at a time when the Lok Sabha
has been dissolved or the dissolution of He/she can take all other necessary
in the meantime.
PTS2023/ITS-07/052022/02 2
from the state consolidated fund pending it can be repealed or altered or re-enacted
its sanction by the Parliament, and by the state legislature.
The President can promulgate, when the
Parliament is not in session, ordinances 4. Correct Option: (b)
for the governance of the state.
Explanation:
A law made by the Parliament or president
or any other specified authority continues to Option (b) is correct
be operative even after the President’s Rule.
Supplementary notes:
This means that the period for which such
a law remains in force is not coterminous Differences between the State and the
with the duration of the proclamation. But National Emergencies
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2. During its operation, the state executive 2. During its operation, the state executive
and legislature continue to function and is dismissed and the state legislature is
exercise the powers assigned to them under either suspended or dissolved. The president
the Constitution. Its effect is that the Centre administers the state through the governor
gets concurrent powers of administration and and the Parliament makes laws for the state.
legislation in the state. In brief, the executive and legislative powers of
3.
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Under this, the Parliament can make laws on 3.
the subjects enumerated in the State List only
the state are assumed by the Centre.
Under this, the Parliament can delegate the
power to make laws for the state to the President
by itself, that is, it cannot delegate the same to or to any other authority specified by him. So
SC
any other body or authority. far, the practice has been for the president to
make laws for the state in consultation with
the members of Parliament from that state.
Such laws are known as President’s Acts.
4. There is no maximum period prescribed for 4. There is a maximum period prescribed for its
months.
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5.
6. Every resolution of Parliament approving its 6. Every resolution of Parliament approving its
proclamation or its continuance must be passed proclamation or its continuance can be passed
by a special majority. only by a simple majority.
7. It affects the fundamental rights of the 7. It does not affect the Fundamental Rights of
citizens. the citizens.
8. Lok Sabha can pass a resolution for its 8. There is no such provision. It can be revoked by
revocation. the President only on his own.
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been dissolved or the dissolution of the Lok directions to a state on ‘any’ matter. Thus,
Sabha takes place during the period of two the state governments are brought under
months without approving the proclamation, the complete control of the Centre, though
then the proclamation survives until 30 they are not suspended.
days from the first sitting of the Lok Sabha
Legislative During a national emergency,
after its reconstitution, provided the Rajya
the Parliament becomes empowered to
Sabha has in the meantime approved it.
make laws on any subject mentioned in the
Once approved by both the Houses of State List. Although the legislative power
Parliament, the Financial Emergency of a state legislature is not suspended, it
continues indefinitely till it is revoked. This becomes subject to the overriding power of
implies two things: the Parliament.
there is no maximum period prescribed Thus, the normal distribution of the
for its operation; and legislative powers between the Centre and
repeated parliamentary approval is not states is suspended, though the states
required for its continuation. Legislatures are not suspended. In brief,
the Constitution becomes unitary rather
than federal.
6. Correct Option: (b) The laws made by Parliament on the state
Explanation: subjects during a National Emergency
become inoperative six months after the
Option (b) is correct emergency has ceased to operate.
Supplementary notes: Notably, while a proclamation of national
Revocation of a financial emergency emergency is in operation, the President
can issue ordinances on the state subjects
A proclamation of Financial Emergency also, if the Parliament is not in session.
may be revoked by the president at any
time by a subsequent proclamation. Such a Further, the Parliament can confer powers
proclamation does not require parliamentary and impose duties upon the Centre or its
approval. officers and authorities in respect of matters
outside the Union List, in order to carry
No Financial Emergency has been declared out the laws made by it under its extended
so far, though there was a financial crisis jurisdiction as a result of the proclamation
in 1991. of a National Emergency.
The 42nd Amendment Act of 1976 provided
7. Correct Option: (c) that the two consequences mentioned above
Explanation:
Statement 2 is incorrect:
to operate.
Supplementary notes: states.
Effects of National Emergency on This means that the president can either
Federalism reduce or cancel the transfer of finances
from Centre to the states. Such modification
While a proclamation of Emergency is in
continues till the end of the financial year in
force, the normal fabric of the Centre-state
which the Emergency ceases to operate.
relations undergoes a basic change. This
can be studied under three heads, namely, Also, every such order of the President
executive, legislative and financial. has to be laid before both the Houses of
Parliament.
Executive During a national emergency,
the executive power of the Centre extends
to directing any state regarding the manner 8. Correct Option: (b)
in which its executive power is to be
exercised. In normal times, the Centre can Explanation:
give executive directions to a state only on
Statement 1 is incorrect: Entry 17 of the
certain specified matters.
State List deals with water i.e. water supply,
However, during a national emergency, the irrigation, canal, drainage, embankments,
Centre becomes entitled to give executive water storage, and water power.
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Supplementary notes: Council of Ministers nominated by the
Prime Minister.
Inter-state water dispute - Constitutional
Provisions Chief Ministers of all states
State Council.
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and speedy execution of development Ex. Prize Competition Act, 1955; Wildlife
projects. (Protection) Act, 1972; Water (Prevention
& Control of Pollution) Act, 1974 etc.
voting.
During a National Emergency –
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14. Correct Option: (a) Supplementary notes:
President.
Sarvepalli Radhakrishna
vice-President of India.
16. Correct Option: (a)
Presently, Sarvepalli Radhakrishnan and
Mohammad Hamid Ansari together hold the Explanation:
record of holding office of Vice-President of Option (a) is correct
India for a period of 9 years and 364 days.
Supplementary notes:
Discretionary power
15. Correct Option: (c)
The decisions can be taken by the governor’s
Explanation: discretion which is categorized into two
Statement 1 is incorrect: The Advocate parts:
General has the right to speak and to take Constitutional
part in the proceedings of both the Houses
Situational
or any committee of the state legislature
but does not have the Right to vote. Constitutional Discretion of Governor
Statement 2 is incorrect: The term of The Governors of states can act at their
office of the advocate general is during the constitutional discretion in the following
pleasure of the Governor. instances:
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When they have to reserve the bill for the of India (1976) made it explicit that the
consideration of the President of India, President shall “act in accordance with such
Governors can decide on their own without advice”.
the advice of the Council of Ministers
The 44th Amendment (1978) however added
When he has to recommend for the that the President can send the advice back
President’s rule in the state, he can act at for reconsideration once. But if the Council
his own discretion of Ministers sends the same advice again
to the President then the President must
When he is given an additional charge as
accept it.
the administrator of the Union Territory, he
can take actions at his own discretion The question whether any, and if so
what, advice was tendered by Ministers
When he has to determine the amount
to the President shall not be inquired
payable by the Government of Assam,
into in any court.
Meghalaya, Tripura, and Mizoram to an
autonomous Tribal District Council as
royalty accruing from licenses for mineral 18. Correct Option: (c)
exploration
Explanation:
When he calls upon the Chief Minister to
seek information regarding administrative Statement 2 is incorrect: They are
and legislative affairs determined by the chief minister according to
the exigencies of the time and requirements
Situational Discretion of the Governor of the situation.
The Governors of states can act at their Supplementary notes:
situational discretion in the following
instances: Composition of Council of Ministers
When he has to appoint a Chief Minister The original Constitution did not specify the
after no party has a clear majority in the size of the state council of ministers or the
election or when the incumbent dies in the ranking of ministers. They are determined
office by the chief minister according to the
exigencies of the time and requirements of
When he dismisses the council of ministers the situation.
on an inability to prove confidence in the
state legislative assembly The 91st Amendment Act, 2003 added a
clause in Article 75 that the total number
When he dissolves the state legislative of Ministers, including the Prime Minister,
assembly on time when it loses its majority in the Council of Ministers shall not exceed
PTS2023/ITS-07/052022/02 8
The ministers of state can either be given Sikhism, Jainism, and Buddhism should be
independent charge of departments or can considered as independent religions from
be attached to cabinet ministers. However, Hinduism, and the clauses combining them
they are not members of the cabinet and under Article 25 should be removed.
do not attend the cabinet meetings unless
During the operation of a national emergency,
specially invited when something related
the enforcement of the Fundamental Rights
to their departments are considered by the
under Articles 17, 23, 24, 25, and 32, as well
cabinet.
as those under Articles 20 and 21, will not
Next in rank are the deputy ministers. be suspended.
They are not given independent charge
of departments. They are attached to the On Comptroller and Auditor General of
cabinet ministers and assist them in their India (Lack of quality of report):
administrative, political and parliamentary According to the National Commission
duties. to Review the Constitution’s Workings,
They are not members of the cabinet and “administrative departments frequently
do not attend cabinet meetings. At times, criticize the audit department’s operation.”
the council of ministers may also include They point out that audits frequently focus
a deputy chief minister. The deputy chief on minor concerns and a negative fault-
ministers are appointed mostly for local finding approach rather than finding a
political reasons. solution to the administration’s problem.
On Directive Principles:
19. Correct option: (d)
Part IV of the Constitution’s heading should
Explanation: be changed to ‘Directive Principles of State
Policy and Action.’
Option (d) is correct: According to
NCRWC report the Election Commission, A new Directive Principle on Population
rather than the Speaker or Chairman of the Control should be added to the list.
House concerned, should have the authority
Every five years, an independent National
to determine on questions of defection
Education Commission should be
disqualification.
established.
Supplementary notes: To promote inter-religious harmony and
Recommendation of the Commission social solidarity, an Inter-Faith Commission
should be constituted.
There were 249 recommendations in total
Fundamental Rights:
Under Article 15 and 16, discrimination Duties should be adopted as soon as
should be prohibited on the basis of “ethnic possible.
or social origin, political or other viewpoint, Article 51-A should add the following new
property, or birth”. essential responsibilities:
Article 19’s freedom of speech and expression The responsibility to vote in elections,
should be expanded to expressly include participate actively in the democratic
“the freedom of the press and other media, process of governance and pay taxes.
etc.”
To promote a sense of family values
Article 21-A, the right to education, should and responsible parenting in matters of
be expanded. children’s education, physical, and moral
In terms of preventive detention two well-being.
adjustments should be made:
On State funding of election:
The maximum length should be six months;
The National Commission to Review the
and
Constitution’s Workings did not support
The advisory board should be composed of state funding of elections but agreed with
a chairman and two other members who the 1999 law commission report that an
should be serving judges of any high court. appropriate framework for regulating
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political parties would need to be put in place agents, these would be punishable with
before state funding could be considered. disqualification.
On Anti-Defection Law: The Chief Election Commissioner and
the other Election Commissioners should
All individuals who defect (individually or in be appointed on the recommendation of
groups) from the party or alliance of parties a body consisting of the Prime Minister,
on whose ticket they were elected must Leader of the Opposition in the Lok Sabha,
renounce their parliamentary or assembly Leader of the Opposition in the Rajya
seats and run in new elections. Sabha, the Speaker of the Lok Sabha and
The defectors should be forbidden from the Deputy Chairman of the Rajya Sabha.
holding any public office, including Similar procedure should be adopted in
ministerial positions, or any other the case of appointment of State Election
remunerative political position, for at least Commissioners.
the remainder of the current legislature’s
term or until the next elections, whichever 20. Correct Option: (a)
comes first.
Explanation:
A vote cast by a defector to overthrow a
government should be considered void. Statement 2 is incorrect: The discretion
was first exercised by President in 1979
The Election Commission, rather than
when Neelam Sanjiva Reddy (then
the Speaker or Chairman of the House
President) appointed Charan Singh after
concerned, should have the authority
fall of Morarji Desai govt.
to determine on questions of defection
disqualification. Supplementary notes:
On Center-State Relations: Appointment of Prime Minister
The National Commission to Review Constitution does not contain any specific
the Working of the Constitution made procedure for the selection and appointment
recommendations, many of which were of the prime minister.
similar to those made by the Sarkaria
Under article 75 The Prime Minister shall
Commission. The following few of the novel be appointed by the President and the other
recommendations: Ministers shall be appointed by the President
According to Article 307, a legislative on the advice of the Prime Minister
organization named the Inter-State Trade The total number of Ministers, including the
and Commerce Commission should be Prime Minister, in the Council of Ministers
constituted.
management.
Explanation:
In the event of a political breakdown
Statement 1 is incorrect: President can
in a state, the state should be given an
issue an ordinance whenever parliamentary
opportunity to explain its position and
legislation is not possible i.e. any of the
correct the situation before invoking Article
House of the Parliament is not in session.
356, to the extent possible.
Statement 3 is incorrect: Any ordinance
The 1990 Inter-State Council directive
ceases to be operative six weeks after
should explicitly outline the topics
the reassembly of the both House of the
that should be discussed during the
Parliament unless it is passed by the
discussions. Parliament within this duration.
On Electoral Process: Supplementary notes:
Any election campaigning on the basis of
Limitations to the Ordinance-making
caste or religion and any attempt to spread
power of the President
caste and communal hatred during elections
should be punishable with mandatory He can promulgate an ordinance only
imprisonment. If such acts are done at the when both or either of the two Houses of
instance of the candidate or by his election Parliament is not in session. An ordinance
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can also be issued when only one House is in and six weeks, in case of non-approval
session because a law can be passed by both by the Parliament (six months being the
the Houses and not by one House alone. An maximum gap between the two sessions of
ordinance made when both the Houses are Parliament).
in session is void. Thus, the power of the
If an ordinance is allowed to lapse without
President to legislate by ordinance is not a
being placed before Parliament, then the
parallel power of legislation.
acts done and completed under it, before
He can make an ordinance only when he it ceases to operate, remain fully valid and
is satisfied that the circumstances exist effective.
that render it necessary for him to take
immediate action. In the Cooper case,
(1970), the Supreme Court held that the
22. Correct Option: (c)
President’s satisfaction can be questioned Explanation:
in a court on the ground of malafide. This
means that the decision of the President Statement 1 is incorrect: The Constitution
to issue an ordinance can be questioned in does not contain any specific procedure for
a court on the ground that the President the selection and appointment of the Chief
has prorogued one House or both Houses Minister.
of Parliament deliberately intending to Statement 2 is incorrect: The Constitution
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promulgate an ordinance on a controversial does not require that a person must prove his
subject, so as to bypass the parliamentary majority in the legislative assembly before
decision and thereby circumventing the he is appointed as the Chief Minister.
authority of the Parliament. The 38th
Constitutional Amendment Act of 1975 Supplementary notes:
made the President’s satisfaction final Appointment of Chief Minister
and conclusive and beyond judicial review.
The Constitution does not contain any
44th Constitutional Amendment Act of
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But, this provision was deleted by the
make laws.
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Parliament.
away any of the fundamental rights.
appoints the leader of the largest party
Every ordinance issued by the President or coalition in the assembly as the Chief
during the recess of Parliament must be laid Minister and asks him to seek a vote of
before both the Houses of Parliament when confidence in the House within a month.
it reassembles. If the ordinance is approved The governor may have to exercise his
by both the Houses, it becomes an act. individual judgement in the selection and
If Parliament takes no action at all, the appointment of the Chief Minister when the
ordinance ceases to operate on the expiry Chief Minister in office dies suddenly and
of six weeks from the reassembly of there is no obvious successor.
Parliament. The ordinance may also cease However, on the death of a Chief Minister,
to operate even earlier than the prescribed the ruling party usually elects a new leader
six weeks if both the Houses of Parliament and the governor has no choice but to appoint
pass resolutions disapproving it. him as Chief Minister. The Constitution does
not require that a person must prove his
If the Houses of Parliament are summoned
majority in the legislative assembly before
to reassemble on different dates, the period
he is appointed as the Chief Minister.
of six weeks is calculated from the later of
those dates. This means that the maximum The governor may first appoint him as the
life of an ordinance can be six months Chief Minister and then ask him to prove his
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majority in the legislative assembly within He serves as Chancellor of the state’s
a reasonable period. This is what has been universities and appoints Vice
done in a number of cases. A person who is Chancellors.
not a member of the state legislature can be
The Governor appoints the Chief Minister,
appointed as Chief Minister for six months,
within which time, he should be elected to and appoints the other ministers on the
the state legislature, failing which he ceases advice of the Chief Ministers.
to be the Chief Minister.
According to the Constitution, the Chief 24. Correct Option: (c)
Minister may be a member of any of the
two Houses of a state legislature. Usually
Explanation:
Chief Ministers have been selected from the Both statements are correct
Lower House (legislative assembly), but,
on a number of occasions, a member of the Supplementary notes:
Upper House (legislative council) has also
Conditions of Office of Vice President
been appointed as Chief Minister.
The Vice-President holds office for a term of
five years from the date on which he enters
23. Correct Option: (c) upon his office.
Explanation: The Constitution lays down the following
Statement 2 is incorrect: Attorney two conditions of the Vice-President’s
General of India is appointed by the office:
President of India He should not be a member of either
Supplementary notes: House of Parliament or a House
of the state legislature. If any such
Executive Powers of Governor person is elected Vice-President, he is
The Governor is the chief executive of the deemed to have vacated his seat in that
state. House on the date on which he enters
upon his office as Vice-President.
The Governor takes all executive decisions
on behalf of the state government [Article He should not hold any other office of
166(1)]. profit.
The Governor appoints the Chief A sitting President or Vice-President
Minister and other cabinet members. of the Union, the governor of any state
They serve at the pleasure of the Governor and a minister for the Union or any
[Article 164].
[Article 166(3)]
and determines his tenure and conditions of
service. Both statements are correct
He has the authority to recommend to Supplementary notes:
the President the declaration of a state of
constitutional emergency. Appointment of Governor
He may request from the Chief Minister any The Indian Constitution, in Article 165,
information pertaining to the administration enables and authorises the President of
of the state’s affairs, as well as legislative India to appoint the Governor of State by
suggestions [Article 167]. warrant under his hand and seal for a
The governor appoints the state election five-year term.
commissioner and establishes his term The Governor is not directly elected by the
of office and working conditions [Article people, and neither is he elected indirectly
243K]. by a special electoral college.
He appoints the chairman of the state
The Governor is appointed by the President
public service commission as well as
and serves at his pleasure.
the members of the commission. They
can, however, only be dismissed by the One person can be appointed as a Governor
President and not by a Governor. of two or more States.
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26. Correct Option: (a) The President consults the Governor before
appointing the chief justice and judges of
Explanation: the relevant State High Court.
Option (a) is correct
Supplementary notes: 28. Correct option: (c)
Recommendations of Punchhi Explanation:
Commission for the appointment of state Both statements are correct
chief ministers by Governor
Supplementary notes:
In case of appointment of state chief
ministers, the Punchhi Commission President and Prime Minister
recommended that: Following are the powers of the PM in
relation to the President:
There should be clear guidelines on the
chief ministers’ appointment so that the The PM acts as the main communication
discretionary powers of the governor are channel in between the council of
limited in this regard. ministers and the President of India.
A pre-poll alliance to be regarded as one It is based on his sheer advice that
political party. President appoints The Attorney General
of India, CAG, Chairman of various
Order of precedence informing state commissions etc.
government:
He gives advice to President concerning
The group/alliance with the largest the proroguing, summoning and
pre-poll alliance with the highest dissolving of Parliament sessions.
number.
Further, the PM is considered to be the head
The single largest party with support of the Union Government as per the Indian
from others. Constitution while the President is mainly,
the head of the State as he derives these
The post-poll alliance with a few
powers from the Constitution in itself.
parties joining the government.
PM along with his council is collectively
The post-poll alliance with a few
responsible to President.
parties joining the government and
remaining including independents Even though, the post acquired by President
giving outside support. is merely ceremonial; but one cannot totally
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Cabinet collective responsibility is related 31. Correct Option: (b)
to the fact that if a vote of no confidence is
passed in parliament, the government is Explanation:
responsible collectively, and thus the entire Statement 1 is incorrect: Constitution
government resigns. does not require a person to prove his
majority in Lok Sabha before he/she is
Cabinet collective responsibility is
appointed as prime minister.
not the same as individual ministerial
responsibility, which states that Supplementary notes:
ministers are responsible for the
Appointments in Parliament
running of their departments, and
therefore culpable for the departments’ Charan Singh (1979), V P Singh (1989),
mistakes. Chandrashekhar (1990), P V Narsimha
Rao (1991), A B Vajpayee (1996), H D Deva
Article 75 of the Indian constitution Goda (1996), IK Gujral (1997) were first
clearly states that the COM is collectively appointed as prime minister and they later
responsible to the Lok Sabha. This means proved their majority in Lok Sabha.
that all the ministers own joint responsibility
In 1980, Delhi High Court held that the
to the Lok Sabha for all their acts of omission
Constitution does not require that a person
and commission. must prove his majority in Lok Sabha before
he/she is appointed as prime minister.
30. Correct Option: (a)
Explanation: 32. Correct Option: (b)
Option (a) is correct: A bill seeking to Explanation:
amend the Constitution does not require Option (b) is correct
the prior recommendation of the President.
Supplementary notes:
Supplementary notes:
Article 75 - Union Council of Ministers
Legislative Power of the President Article 75 of the Constitution states that
His prior recommendation or permission The Prime Minister of India is appointed by
is needed to introduce certain types of the President.
bills in the Parliament. For example, a bill Other provisions under Article 75:
involving expenditure from the Consolidated
state.
PTS2023/ITS-07/052022/02 14
33. Correct Option: (c) Supplementary notes:
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The period of notice of a motion An ordinary bill can be introduced either in
for leave to introduce a Bill is one the Lok Sabha or the Rajya Sabha.
month, unless the Presiding officer
It can be introduced either by a minister
of the House allows the motion to be
or by a private member without the prior
made at shorter notice.
recommendation of the President.
The notice of a motion seeking It can be amended or rejected by the
introduction of a Private Member’s Bill Rajya Sabha. The Rajya Sabha can
has to be “accompanied by a copy of the detain an ordinary bill for a maximum
Bill and an explanatory Statement of period of six months.
Objects and Reasons”.
It is sent for the President’s assent only after
The Rajya Sabha Secretariat says being approved by both the Houses. In case
that a member can give a maximum of a deadlock due to disagreement between
of three notices for introduction the two Houses, a joint sitting of both the
of a Private Member Bill during houses can be summoned by the president
any session while the Lok Sabha to resolve the deadlock.
Secretariat says “a member cannot
introduce more than four Bills It can be rejected, approved, or returned for
during a session” although he or she reconsideration by the President.
can authorize “any other member In case of states, an ordinary bill can originate
to introduce the Bill, in which case in either House of the state legislature (in
the member who introduces the Bill case of a bicameral legislature).
becomes the member in-charge of
the Bill”. After the bill is passed by the originating
House, it is transmitted to the second
While a government Bill can be House for consideration and passage. A
introduced and discussed on any day, a bill is deemed to have been passed by the
private member’s bill is only introduced state legislature only when both the Houses
and discussed on Fridays. have agreed to it, either with or without
amendments. In case of a unicameral
In case of multiple Bills, a ballot system
legislature, a bill passed by the legislative
is used to decide the sequence of bills for
assembly is sent directly to the governor for
introduction.
his assent.
In a report by PRS Legislative Research,
If the State Legislative Council passes the
no Private Members’ Bill had been
bill without amendments or the assembly
passed by Parliament since 1970, when
accepts the amendments suggested by the
the ‘The Supreme Court (Enlargement
council, the bill is deemed to have been
alone.
Persons Bill, 2014, was passed by the may pass the bill again and transmit the
Rajya Sabha in 2015, but remains stuck same to the council.
in the Lok Sabha.
If the council rejects the bill again or passes
the bill with amendments not acceptable to
36. Correct Option: (c) the assembly or does not pass the bill within
one month, then the bill is deemed to have
Explanation: been passed by both the Houses in the form
Both statements are correct in which it was passed by the assembly for
the second time.
Supplementary notes:
Therefore, the ultimate power of passing
Ordinary Bills an ordinary bill is vested in the assembly.
At the most, the council can detain
Procedurally, the Bills are classified as:
or delay the bill for a period of four
Ordinary Bills months—three months in the first
instance and one month in the second
Money Bills and Financial Bills
instance.
Ordinance Replacing Bills
The Constitution does not provide for the
Constitution Amendment Bills mechanism of joint sitting of both the Houses
PTS2023/ITS-07/052022/02 16
to resolve the disagreement between the it provides for the imposition, abolition,
two Houses over a bill. Moreover, when remission, alteration or regulation of any
a bill, which has originated in the tax by any local authority or body for local
council and was sent to the assembly, purposes.
is rejected by the assembly, the bill
ends and becomes dead. The Appropriation Bill gives power to the
government to withdraw funds (through
Appropriation Bills, a money bill with the
37. Correct Option: (c) prior sanction from the President) from the
Consolidated Fund of India for meeting the
Explanation: expenditure during the financial year.
Option (c) is correct: As per A-110 of The contingency fund of the Union government
the Indian Constitution money bills are is at the disposal of the President of India,
those which exclusively contain provisions who releases the funds on request of the
for imposition of taxes and appropriation Union Cabinet, which later gets an approval
of funds out of the Consolidated Fund of from Parliament. A Parliament approval is
India. mandatory (but later).
Supplementary notes: So, ‘Appropriation’ here is different from
‘withdrawal’.
Money Bill
Article 110 of the Indian Constitution
provides for the definition of a money bill. 38. Correct Option: (c)
As per Article 110 (1), a Bill shall be Explanation:
deemed to be a Money Bill if it contains only Option (c) is correct: The Zero Hour is not
provisions dealing with all or any of the mentioned in the Rules of Procedure and
following matters, namely: thus it is an informal device.
the imposition, abolition, remission,
Supplementary notes:
alteration or regulation of any tax;
the regulation of the borrowing of
Devices of Parliamentary Proceedings
money or the giving of any guarantee Short duration Motion: The short
by the Government of India, or the duration discussion is a procedural device
amendment of the law with respect to to enable members to raise discussion on
any financial obligations undertaken or matters of urgent public importance without
to be undertaken by the Government of a formal motion on a matter of urgent public
India;
consolidated Fund of India;
questions can also be asked to the private
the declaring of any expenditure to be members (MPs who are not ministers)
expenditure charged on the Consolidated
Fund of India or the increasing of the Zero Hour: Zero Hour is an Indian
amount of any such expenditure; parliamentary innovation. It is not
mentioned in the parliamentary rules
the receipt of money on account of the book. Under this, MPs can raise matters
Consolidated Fund of India or the public without any prior notice. The zero hour
account of India or the custody or issue of starts immediately after the question hour
such money or the audit of the accounts and lasts until the agenda for the day (i.e.
of the Union or of a State; or regular business of the House) is taken up.
any matter incidental to any of the Half-an-hour discussion: Half-an-hour
matters specified in sub clause (a) to (f) discussion may take place with the consent
Under Article 110 (2), a Bill shall not be of the Speaker in relation to a matter of
deemed to be a Money Bill by reason only sufficient public importance which has
that it provides for the imposition of fines been subjected of a recent question oral or
or other pecuniary penalties, or for the written i.e. Starred or Unstarred, and the
demand or payment of fees for licences or answer to which needs further elucidation
fees for services rendered, or by reason that on a matter of fact.
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39. Correct Option: (a) that published article or statement will be
considered as defamatory.
Explanation:
The Member of Parliament cannot be
Statement 1 is incorrect: The feature arrested 40 days before and 40 days after
of parliamentary privileges in the Indian the session of the house. If in any case a
Constitution is borrowed from the British Member of Parliament is arrested within
Constitution. this period, the concerned person should
be released in order to attend the session
Supplementary notes:
freely.
Collective Privileges of the House
Feature of parliamentary privileges in 41. Correct Option: (d)
the Indian Constitution is borrowed
from the British Constitution. The origin Explanation:
of Parliamentary privileges in India can be Option (d) is correct
traced as far back as 1833.
Supplementary notes:
Today, some of the privileges of Parliament,
and its members and committees, are Union Budget
specified in the Constitution, and there are
Constitution of India does not specifically
certain statutes and the rules of procedure
use the word Budget and refers to the
of the House; others continue to be based on
budget as the ‘annual financial statement’
the precedents of the House of Commons.
The Annual Financial Statement
The Constitution also extends the
distinguishes the expenditure on revenue
parliamentary privileges to those persons
account from the expenditure on other
who are entitled to speak and take part in
accounts, as is mandated in the Constitution
the proceedings of a House of Parliament
of India.
or any of its committees. These include the
Attorney General of India. Department of Economic Affairs, Ministry
of Finance is the nodal body responsible for
The parliamentary privileges do not
preparing the Budget.
extend to the President who is also an
integral part of the Parliament. Article Budget 2021-22 is the first budget of the
361 of the Constitution provides for new decade 2021-30 and is also the first
privileges for the President. ever digital union budget.
Lok Sabha has the control over the voting
40. Correct Option: (d) and passage of the budget.
Explanation:
Statement 1 is incorrect:
parliamentary premises.
Statement 2 is incorrect:
arrested 40 days before and after the session
of House.
Supplementary notes: 42. Correct Option: (b)
Article 105 Explanation:
Both the Articles, Article 19(1) (a) and Statement 1 is incorrect: The Deputy
Article 105 of the Constitution talks about Chairman of the Rajya Sabha is elected by
freedom of speech. Article 105 applies to the members of the House.
the members of parliament not subjected Supplementary notes:
to any reasonable restriction. Article 19(1)
(a) applies to citizens but are subject to Presiding Officers of Rajya Sabha
reasonable restrictions. Article 105 is an
Articles 64 and 89 (1) provide that the
absolute privilege given to the members of
Vice-President of India shall be ex-officio
the parliament but this privilege can be used
Chairman of the Council of States i.e., Rajya
in the premises of the parliament and not
Sabha and shall not hold any other office of
outside the parliament. If any statement or
profit.
anything is published outside the parliament
by any member and if that is reasonably The salaries and allowances of the Chairman
restricted under freedom of speech then are also fixed by the Parliament and are
PTS2023/ITS-07/052022/02 18
charged on the Consolidated Fund of India When a resolution for the removal of
and thus are not subject to the annual vote the Speaker is under consideration of
of Parliament. the House, he/she may be present at
the sitting but not preside.
The Deputy Chairman is elected by the Rajya
Sabha itself from amongst its members. Salary and Allowances: The salaries
It is a constitutional position created under and allowances of the Speaker are
Article 89 of the Constitution fixed by Parliament and are considered
an expenditure charged upon the
The Deputy Chairman is entitled to a regular Consolidated Fund of India.
salary and allowance, fixed by Parliament
and is charged on the Consolidated Fund of
India. 44. Correct Option: (b)
Explanation:
43. Correct Option: (d) Statement 2 is incorrect: In general,
Explanation: ministers are not allowed to be members of
Parliamentary Committees, For example, in
Statement 1 is incorrect: The Speaker all Financial Committees and Departmental
does not vacate his office when the Lok
RE
Standing Committees ministers are not
Sabha is dissolved and continues till the allowed to be a member.
newly elected Lok Sabha meets.
Supplementary notes:
Supplementary notes:
Parliamentary committees
Speaker
The Indian constitution mentions the
Article 93 of the Constitution provides for
O committees in many places but provides no
the election of both the Speaker and the
specific provisions about their composition,
Deputy Speaker.
tenure, or functions.
The Speaker is the constitutional and
The specific Provisions for Parliamentary
ceremonial head of the House.
Committees like position, tenure, functions
SC
Term of Office of the Speaker: The etc are dealt by Rules of the two houses.
Speaker holds Office from the date of his/
Parliamentary committees are broadly two
her election till immediately before the
types -
first meeting of the next Lok Sabha (for 5
years). Standing committees: The Standing
re-election.
GS
Sabha meets.
Removal of Speaker:
A Parliamentary Committee haas following
Exceptions: Usually, the Speaker characteristics:
remains in office during the life of the
Lok Sabha. However, under following Is appointed or elected by the House or
conditions, the speaker, may have to nominated by the Speaker or Chairman
vacate the office earlier: Works under direction of Speaker/
If he ceases to be a member of the Lok Chairman
Sabha. Presents report to House or Speaker/
If he resigns by writing to the Deputy Chairman
Speaker Has a secretariat provided by Lok Sabha/
If he is removed by a resolution passed Rajya Sabha.
by a majority of all the members of
In general, ministers are not allowed to be
the Lok Sabha.
members of Parliamentary Committees,
Notification: Such a resolution can be For example, in all Financial Committees
moved only after giving 14 days’ advance and Departmental Standing Committees
notice. ministers are not allowed to be a member
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PTS2023/ITS-07/052022/02
45. Correct Option: (c) Cases, when a bill lapse:
or without recommendations.
bills are simply a species of financial bills.
The assembly can either accept or reject all
Hence, all money bills are financial bills but
or any of the recommendation of the council.
all financial bills are not money bills.
In both the cases, the money bill is deemed
to have been passed by the two Houses. A financial bill (I) is a bill that contains
not only any or all the matters mentioned
The final power to decide whether a in Article 110, but also other matters of
particular bill is a money bill or not is vested general legislation.
in the Speaker of the assembly.
A financial bill (I) is similar to a money bill
as (a) both of them can be introduced only in
46. Correct Option: (a) the Lok Sabha and not in the Rajya Sabha
and (b) both of them can be introduced only
Explanation: on the recommendation of the president.
Statement 2 is incorrect: A bill originated In all other respects, a financial bill (I) is
and passed by the Assembly but pending in governed by the same legislative procedure
the Council, lapses. applicable to an ordinary bill. Hence, it
Supplementary notes: can be either rejected or amended by the
Rajya Sabha (except that an amendment
Lapsing of bill other than for reduction or abolition of a tax
PTS2023/ITS-07/052022/02 20
cannot be moved in either House without Supplementary notes:
the recommendation of the president). In
case of a disagreement between the two Speaker Pro Tem
Houses over such a bill, the president can As provided by the Constitution, the
summon a joint sitting of the two Houses to Speaker of the last Lok Sabha vacates his
resolve the deadlock. office immediately before the first meeting
A financial bill (II) contains provisions of the newly-elected Lok Sabha. Therefore,
involving expenditure from the Consolidated the President appoints a member of the
Lok Sabha as the Speaker Pro Tem.
Fund of India, but does not include any of
the matters mentioned in Article 110. Usually, the senior most member is
selected for this. The President himself
It is treated as an ordinary bill and in
administers oath to the Speaker Pro Tem
all respects; it is governed by the same
legislative procedure which is applicable to When the new Speaker is elected by the
an ordinary bill. Hence, financial bill (II) can House, the office of the Speaker Pro Tem
be introduced in either House of Parliament ceases to exist. Hence, this office is a
and recommendation of the President is not temporary office, existing for a few days.
necessary for its introduction.
He presides over the first sitting of the
The only special feature of this bill is newly-elected Lok Sabha.
that it cannot be passed by either House
He also enables the House to elect the
of Parliament unless the President new Speaker.
has recommended to that House the
consideration of the bill. The Bombay High Court in Surendra
Vassant Sirsat case 1994, held that a pro-
tem is Speaker of the House “for all purposes
48. Correct Option: (d) with all powers, privileges and immunities”
until the Speaker is elected. The Odisha
Explanation:
High Court agreed in the Godavaris Misra
All pairs are correctly matched versus Nandakisore Das case when it said
the powers of the Speaker pro-tem are
Supplementary notes: co-extensive with the powers of elected
Categories of questions in the Speaker”. Thus, Pro-tem Speaker has same
Legislature powers, privileges as that of the Speaker.
: It should be
minister.
Short Notice Question: These are on an
The Deputy Chairman is elected by the Rajya
urgent matter of public importance, and
Sabha itself from amongst its members.
an oral answer is sought. A notice of less
than 10 days is prescribed as the minimum Whenever the office of the Deputy Chairman
period for asking such a question. falls vacant, the Rajya Sabha elects another
member to fill the vacancy.
Question to Private Member: A question
can be addressed to a private member under He is directly responsible to the Rajya
Rule 40 of Lok Sabha’s Rules of Procedure, Sabha.
or under Rule 48 of Rajya Sabha’s Rules,
It should be emphasized here that the
provided that the question deals with a
Deputy Chairman is not subordinate
subject relating to some Bill, resolution to the Chairman.
or other matter for which that member is
responsible. The Deputy Chairman vacates his office in
any of the following three cases:
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If he is removed by a resolution passed When a resolution for the removal of the
by a majority of all the then members of Deputy Chairman is under consideration
the Rajya Sabha. Such a resolution can be of the House, he cannot preside over a
moved only after giving 14 days’ advance sitting of the House, though he may be
notice. present.
PTS2023/ITS-07/052022/02 22