Parliament Flashcards
(105 cards)
1
Q
Parlimentary form of Govt is aka
A
Westminister model of Govt
2
Q
Which A? and part does Parliament find mention?
A
A 79-122
Part V
3
Q
Who consists of Parliament?
A
President
LS
RS
4
Q
What does RS represent?
What does LS rep?
A
States and UTs
People of India as a whole
5
Q
What role does President have in Parliament?
A
Assent
Legislative powers
6
Q
Features of Parliamentary form of Govt?
A
Interdependence between legislative and executive
7
Q
Schedule that deals with allocation of Seats in RS
A
4th schedule
seats allotted on the basis of population of state/UT
8
Q
How are members elected to RS?
election method?
A
indirect elections
elected members of SLA of states and UTs (only Delhi and Puducherry)
Proportional rep
9
Q
Voting age reduced from 21 to 18- which amendment?
A
61st amendment 1988
10
Q
For LS elections,
uniformity in representation
A
- between states
- between constituencies within a state
11
Q
Act for drawing the constituencies after census?
A
Delimitation Commission Act
12
Q
Amendments associated with delimitation of constituencies
A
42nd
84th
87th
13
Q
First past the post system is aka
A
System of territorial rep
rep of a geographical area: constituency
simple majority rep
14
Q
Proportional rep by means of STV is used for which elections
A
RS
SLC
President
VP
15
Q
RS first constituted
A
1952
16
Q
When does presidential nomination to RS take place
A
beginning of every 3rd year
17
Q
Term of members of RS
Where is it mentioned? Is it mentioned in Constitution?
A
6 years
determined by RPA 1951
18
Q
Duration of LS
When President dissolves LS can it be challenged in court?
What happens to LS during emergency?
A
5 yrs from the date of its first meeting after general elections
No judicial review for dissolution
term can be extended by law of Parliament for one year at a time – during National emergency
After emergency over – cannot continue beyond 6 months
19
Q
Qualification according to Constitution
RPA
A
citizen
25 - LS
30 - RS
RPA
registered as elector of any constituency
20
Q
Disqualification under Constitution
A
- office of profit under Union or state govt
except any office exempted by Parliament - unsound mind declared by a court
- undischarged insolvent
- not citizen of India
- disqualification under any law made by Parliament (RPA)
21
Q
Disqualification under RPA (8)
A
- Conviction for offence resulting imprisonment of 2 or more years
- not convicted for promoting enmity b/w diff groups + offence of bribery
- not convicted for preaching or practicing social crimes
- not failed to lodge election expenses
- no interest in Govt contracts, works or services
- no office of profit in company with Govt having at least 25% share
- not dismissed from govt office for corruption or disloyalty
- not guilty for election offences
22
Q
Anti defection
Which amendment? Which schedule mentions ground of defection?
A
52nd amd
10th schedule
23
Q
Who decides on disqualification
1) under Constitutional provisions and RPA?
2) Is it under judicial review?
3) under defection?
4) Is it under judicial review?
A
1) President in consultation with ECI - binding on President
2) President’s decision is final, no judicial review
3) Presiding officer of LS/RS
4)Yes
24
Q
Who decides on disqualification
1) under Constitutional provisions and RPA?
2) Is it under judicial review?
3) under defection?
4) Is it under judicial review?
A
1) President in consultation with ECI - binding on President
2) President’s decision is final, no judicial review
3) Presiding officer of LS/RS
4)Yes
25
Conditions under which MP vacates his seat (5)
1. Double membership
MP cannot be member of both houses of Parliament at the same time
If elected to both houses, should intimate within 10 days, else RS seat becomes vacant
If sitting member of one house gets elected to another house, his seat in first house falls vacant
If a person is elected to same house on 2 seats, should choose one. Else both seats fall vacant
Person cannot be member of both Parliament and SLA at the same time
Need to resign SLA seat within 14 days or the Parliament seat becomes vacant
2. Disqualification
3. Resignation
By writing to presiding officer
4. Absence
absent from all of its meetings for a period of 60 days without permission of the house
5. Others
- election declared void by court
- expelled by house
- elected to the office of President or VP or appointed as Gov.
26
If person elected to both Houses of Parliament
In default
10 days - intimate which house
RS seat is vacant
27
If a seating member of one house, gets elected to another house
Seat in first house falls vacant
28
If person elected to 2 seats in a house
Should choose one, otherwise both seats vacant
29
Under what condition presiding officer may not accepted resignation of MP
satisfied that not voluntary or genuine
30
If disqualified person is elected to Parliament
- Constitution mentions no procedure to declare election void-- RPA does
HC can declare election of disqualified person void
31
Date of election of Speaker fixed by
President
32
When does speaker vacate his office?
1. He ceases to be member of LS
2. resigns by writing --> Deputy Speaker
3. removed by the MPs
33
Removal of Speaker/Deputy speaker
1. Majority
2. notice
3. what happens to Speaker
4. motion for removal of speaker require support of how many?
Effective majority
14 days
cannot preside
can take part in proceedings and vote in the first instance
4. at least 50
34
Quorum req.
If there is no quorum during a meeting of the House, what happens?
1/10th of the total strength of the House including the presiding officer
55- LS
25- RS
duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum
35
Head of the LS
Leader of the House
Speaker
Usually, PM
36
Speaker appoints chairman of
He is the chairman of
All parliamentary committees of LS
Business Advisory Committee
Rules C, General Purpose C
37
Speaker's powers of regulating procedure or conducting business or maintaining order in the House are not subject to
jurisdiction of any Court.
38
Order of Precedence: Position of Speaker
7th rank along with CJI
he has a higher rank than all cabinet ministers(8th), except the Prime Minister (3rd rank) or Deputy Prime Minister (5A)
39
How is a deputy speaker chosen?
election by LS members among themselves
40
The date of election of the Deputy Speaker is fixed by
Speaker
41
It should be noted here that the Deputy Speaker is not -------------- to the Speaker
He is directly responsible to ------------------.
subordinate
the House
42
Special privilege of Deputy speaker
whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman.
43
Does the speaker and deputy speaker have to take any separate oath?
No
The Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation.
44
The institutions of Speaker and Deputy Speaker originated in India in --------------- (year) under the provisions of the ----------------------(act).
At that time, the Speaker and the Deputy Speaker were called the ---------------- and -----------------respectively and the same nomenclature continued till 1947.
Act that changed the nomenclature to speaker and deputy speaker
Before ---------------(year), the ----------------- used to preside over the meetings of the Central
Legislative Council.
1st Speaker and Deputy Speaker of the central legislative assembly? appointed by ?
In 1925, ----------------- became the first Indian and the first elected Speaker of the central legislative assembly.
1st Speaker and deputy speaker of LS
1st speaker also held the post of Speaker in the --------------- as well as the ------------------.
1921
Government of India Act of 1919 (Montague-Chelmsford Reforms)
President and Deputy President
GOI Act, 1935
Governor- General of India
Frederick Whyte and Sachidanand Sinha
Gov-General
Vithalbhai J. Patel
G.V. Mavalankar and Ananthasayanam Ayyangar
Constituent Assembly (Legislative) as well as the provisional Parliament
45
Panel of chairpersons of LS (same for Panel of vice-chairpersons of RS)
- who selects them and how and how many people are form the panel?
the Speaker nominates from amongst the
members a panel of not more than ten chairpersons
46
When can a member of Panel of chairpersons (same for Panel of vice-chairpersons of RS) preside over LS and when can they not?
Any of them can preside over the House in the absence of the Speaker or the Deputy Speaker.
a member of the panel of chairpersons cannot preside over the House, when the office of the Speaker or the Deputy Speaker is vacant.
47
when the office of the Speaker or the Deputy Speaker is vacant, who presides?
the Speaker’s duties are to be performed by such member of the House as the President may appoint for the purpose
48
Speaker of the last Lok Sabha vacates
his office when?
Who appoints Protem speaker? Who administers the oath?
Usually, the --------------member is selected for this.
Duties of Protem speaker
nature of office
immediately before the first meeting of the newly-elected Lok Sabha
President
seniormost
has all the powers of the Speaker
presides over the 1st sitting of the newly-elected LS
Main duty: to administer oath to the new members. enables the House to elect the new Speaker.
temporary
49
Difference between Chairman and Speaker when a resolution for their removal is under consideration
Chairman can be present and speak in the House and can take part in its proceedings, without voting, while the Speaker can vote in the first instance when a resolution for his removal is under
consideration of the Lok Sabha
50
Secretariat of Parliament
Headed by?
appointed by?
The secretariat of each House is headed by a secretary-general. He is a permanent officer and is
appointed by the presiding officer of the House
51
Who is the leader of the House?
The leader of the house can also nominate a ------------
Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister, if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha and is nominated by the prime minister
There is also a ‘Leader of the House’ in the Rajya
Sabha. He is a minister and a member of the Rajya Sabha and is nominated by the prime minister
deputy leader of the House.
52
Who is designated as the leader of opposition in each House of Parliament?
Main functions of Leader of Opposition?
the leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded ------------ recognition in 1977
They are also entitled to the salary, allowances and other facilities equivalent to that of a ----------------
The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House
to provide a constructive criticism of the policies of the government and to provide an alternative government.
statutory recognition
cabinet minister
53
The office of whip is based on
Whip is appointed by?
What are the functions of a whip?
conventions of the parliamentary government
The office of ‘whip’ is mentioned neither in the
Constitution of India nor in the Rules of the House nor in a Parliamentary Statute.
Every political party, whether ruling or Opposition has its own whip in the Parliament.
appointed by the political party to serve as an assistant floor leader.
He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favour
of or against a particular issue.
He regulates and monitors their behaviour in the Parliament. The members are supposed to follow the directives given by the whip. Otherwise, disciplinary action can be taken
54
How often should houses of Parliament meet?
the maximum gap between two sessions of Parliament cannot be more than six months.
Parliament should meet at least twice a year.
55
What is a session?
What is recess?
A ‘session’ of Parliament is the period spanning between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha).
The period spanning between the prorogation of a House and its reassembly in a new session is called ‘recess’
56
What happens to pending notices when house is prorogued?
lapses
bills don't lapse
57
Languages declared by constitution to be the languages for transacting business in the Parliament
However, the ------------------ can
permit a member to address the House in his mother-tongue.
Act that allows English to be continued along
with Hindi
Hindi and English
presiding officer
the Official Languages Act (1963)
58
What are the Stages in enactment of budget?
1. Presentation of budget.
2. General discussion.
3. Scrutiny by departmental committees.
4. Voting on demands for grants.
5. Passing of appropriation bill.
6. Passing of finance bill.
59
Who presents the Budget? and when?
Finance minister in LS on 1st Feb
60
Can budget be presented in two or more parts?
Yes, when such presentation takes place, each part shall be dealt with as if it were the budget
61
Does discussion on the budget take place on the day it is presented?
No
62
After budget speech in LS, what happens?
the budget is laid before the Rajya Sabha, which can only discuss it and has no power to vote on the demands for grants
63
What documents comprise the budget?
1. Budget Speech
(ii) Annual Financial Statement
(iii) Demands for Grants
(iv) Appropriation Bill
(v) Finance Bill
(vi) Statements mandated under the FRBM Act:
(a) Macro-Economic Framework Statement
(b) Fiscal Policy Strategy Statement
(c) Medium Term Fiscal Policy Statement
(vii) Expenditure Budget
(viii) Receipts Budget
(ix) Expenditure Profile
(x) Memorandum Explaining the Provisions in the Finance Bill
(xi) Budget at a Glance
(xii) Outcome Budget
64
When does general discussion of budget take place?
Few days after the budget presentation
65
During general discussion what happens?
Lok Sabha can discuss the budget as a whole or on
any question of principle involved
no cut motion can be moved
nor can the budget be submitted to the vote of the House.
The finance minister has a general right of reply at the end of the discussion.
66
Who scrutinized the budget?
What happens to the report prepared?
24 departmental standing committees of Parliament examine and discuss in detail the
demands for grants of the concerned ministers and prepare reports on them
Report submitted to both the Houses of Parliament for consideration.
67
When was standing committee system established? What function does it play?
1993
makes parliamentary financial control over ministries much more detailed, close, in-depth and comprehensive.
68
Demand for grants are presented -------------------- wise
ministrywise
69
What are cut motion? When is it introduced?
Motions moved by MPs to reduce any demand for grant
During the voting on demand for grants stage,
Each demand is voted separately by the Lok Sabha.
MPs can discuss the details of the budget. Move cut motions
70
What are the diff kinds of cut motions
(a) Policy Cut Motion
disapproval of the policy underlying the demand
reduce amount to Re1
members can advocate an alternative policy
(b) Economy Cut Motion
reduce demand by specific amount
(which may be either a lumpsum reduction in the demand or omission or reduction of an item in the demand).
(c) Token Cut Motion
ventilates a specific grievance that is within the sphere of responsibility of GoI
reduce amount by Rs.100
71
What is Appropriation bill/Act for?
Constitution states that ‘no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law’
act authorises (or legalises) the payments from the Consolidated Fund of India.
No amendments altering amount or destination of grants or varying amount of charged expenditure
72
What is Vote on account?
Govt can't withdraw money from CFI till enactment of appropriation bill, which takes time.
Need money to carry out normal activities after 31 Mar (end of financial year)
over this functional difficulty-- Vote on account
Constitution has authorised LS to make any grant in advance in respect to the estimated expenditure for a part of the financial year
passed after the general discussion stage is over
granted for two months for an amount equivalent to 1/6th of the total estimation
73
What does Financial bill/Act do?
give effect to the financial proposals of GoI
Unlike the Appropriation Bill, the amendments (seeking to reject or reduce a tax) can be moved in the case of finance bill.
legalises the income side of the budget
74
Financial bill must be passed within how many days? according to which Act?
75 days
Provisional Collection of Taxes Act of 1931
75
grants made by the Parliament under extraordinary or special circumstances
Supplementary Grant
Additional Grant
Excess Grant
Vote of Credit
Exceptional Grant
Token Grant
Supplementary, additional, excess and exceptional grants and vote of credit are regulated by the same procedure which is applicable in the case of a regular budget
76
Supplementary Grant
amount authorised by Parliament for a particular service is insufficient for that financial year
77
Additional Grant
requirement of additional expenditure upon some new service not contemplated in the
budget for that financial year has arisen
78
Excess grant
money has been spent in excess than what was granted in the budget for a financial year on any service
voted by LS after the financial year.
Before the demands for excess grants are submitted to the Lok Sabha for voting, they
must be approved by the Public Accounts Committee of Parliament.
79
Vote of Credit
Blank cheque to exec by LS
granted for meeting an unexpected demand of indefinite character upon the resources of India
demand cannot be stated with details
80
Exceptional grant
granted for a special purpose
forms no part of the current service of any financial year
81
Token Grant
funds to meet expenditure of a new service can be made by reappropriation from one one head to another.
No additional expenditure
A demand for the grant of a token sum (of Re 1) is submitted to the vote of the Lok Sabha
82
Funds of central Govt
Consolidated Fund of India (Article 266)
Public Account of India (Article 266)
Contingency Fund of India (Article 267)
83
Consolidated Fund of India
fund to which all receipts are credited and all payments are debited
No appropriation except by law
84
Public Account of India
All other public money (other than those which are credited to the CFI)
includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances and so on.
account is operated by executive action
85
Contingency Fund of India
Which law governs it?
At whose disposal is it? Who holds it on behalf of the president?
Fund to which amounts determined by law are paid from time to time
contingency fund of India Act in 1950
President, Finance Secretary
President can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament
operated by exec action
86
All the ordinances issued by the president (during the recess of the Parliament) must be approved by the Parliament within ------------ after its reassembly, if not, it becomes --------------------
six weeks
inoperative
87
The Parliament makes laws in a skeleton form and authorises the ----------------- to make detailed rules and regulations within the framework of
the parent law.
This is known as ------------- legislation or -------------
legislation or ------------------- legislation.
Such rules and regulations are placed before the Parliament for its examination
Executive
delegated legislation
executive legislation
subordinate legislation
88
Devices used by the parliament to control the executive
question-hour
zero hour
half-an-hour discussion - matter of public importance; allot 3days of a week, no formal motion or vote
short duration discussion
calling attention motion
adjournment motion
no-confidence motion
censure motion
other discussions
89
Parliament supervises the activities of the Executive with the help of its -----------------
committees
90
Ways LS can express lack of confidence in the Govt
No confidence motion
By not passing a motion of thanks
By rejecting a money bill.
By passing a censure motion or an adjournment motion.
By defeating the government on a vital issue.
By passing a cut motion
91
Parliament scrutinises government spending and financial performance with the help of its ----------
financial committees- PAC, Estimates, Committee on Public undertaking
92
parliamentary control over the Executive in financial matters operates in two stages and they are
budgetary control- control before the appropriation of grants through the enactment of the budget
post-budgetary control- control after the appropriation of grants through the three financial committees.
93
The budget is based on the principle of ---------
annuity
Parliament grants money to the government for one financial year
94
Rule of Lapse and significance?
March Rush
If the money granted by Parliament is not spent by the end of the financial year, then the balance expires and returns to the Consolidated Fund of India.
It facilitates effective financial control by the Parliament as no reserve funds can be built without its authorisation.
March Rush: However, the observance of this rule leads to heavy rush of expenditure towards the close of the financial year.
95
Judicial Powers of Parliament
impeach President
Remove VP
Rec removal of SC and HC judges, CAG and CEC
punish its members or outsiders for the breach of its privileges or its contempt
96
The Parliament is also authorised to make laws to regulate the elections to the offices of ------------- and --------------, to both the ---------------- and to both the -----------------.
Accordingly, Parliament enacted which acts?
President and Vice-President
both the Houses of Parliament and to both the Houses of state legislature
Presidential and Vice-Presidential Election Act (1952)
RPA (1950)
RPA (1951)
97
Other functions of Parliament
highest deliberative body in the country
approves all the three types of emergencies
create or abolish the SLC on rec of SLA
increase or decrease the area, alter the boundaries and change the names of states of the Indian Union.
regulate the organisation and jurisdiction of the SC ad HCs and can establish a common high court for two or more states.
98
Significance of RS
1. checks hasty, defective, careless and ill -considered legislation made by LS
2. representation to eminent professionals and
experts who cannot face the direct election. 12 nominations
3. maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre
99
Parliamentary privileges' article?
Who gets it?
What is the significance?
A105
enjoyed by the two Houses of Parliament, their committees and their members +
persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees, include the attorney general of India and Union ministers.
secure the independence and effectiveness of their actions.
100
Individual Parliamentary Privileges
They cannot be arrested under what conditions? This privilege is available only in ------- cases and not in ------- cases or ------------ cases.
during the session of Parliament,
40 days before the beginning
40 days after the end of a session
civil, criminal, preventive detention cases
101
Individual Parliamentary Privileges
They cannot be arrested under what conditions? This privilege is available only in ------- cases and not in ------- cases or ------------ cases.
during the session of Parliament,
40 days before the beginning
40 days after the end of a session
civil, criminal, preventive detention cases
102
Sources of Parliamentary privileges
the Constitution expressedly mentioned two
privileges, they are
1. Constitutional provisions,
2. Various laws made by Parliament,
3. Rules of both the Houses,
4. Parliamentary conventions,
5. Judicial interpretations
freedom of speech in Parliament
right of publication of its proceedings
103
What limits sovereignty of Parliament in India?
Written constitution
federal system
Judicial review
FR
104
Secretariat of Parliament
Headed by?
appointed by?
The secretariat of each House is headed by a secretary-general. He is a permanent officer and is
appointed by the presiding officer of the House
105
How often should houses of Parliament meet?
the maximum gap between two sessions of Parliament cannot be more than six months.
Parliament should meet at least twice a year.
