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History > The Union Parliament > Flashcards

The Union Parliament Flashcards

1
Q

What is the Parliament recognized as?

A

“The Symbol of the Nation’s Hopes and Aspirations” - Its members come from every region, community, and faith

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2
Q

What is the Parliament a true representation of?

A

We, the People of India

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3
Q

What is the Parliament?

A

The legislative organ of the government which keeps a check on the executive and passes the national budget

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4
Q

What is the meaning of a Federal Setup?

A

A Federal Setup involves a dual government, i.e., the national government and the governments of the component states. It means that “there is a distribution of legislative, executive and financial powers between the Union and the States”

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5
Q

Name the Federal Features of the Indian Constitution

A
  1. Dual Government
  2. Division of Powers
  3. Supremacy of the Constitution
  4. Supreme Court is the Final Interpreter and Guardian of the Constitution
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6
Q

Why is the Supreme Court called the Final Interpreter and Guardian of the Constitution?

A

Only a supreme court can settle the disputes between the Government of India and any State or between the States themselves

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7
Q

What does the Parliament consist of?

A

The President, the Lok Sabha, and Rajya Sabha

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8
Q

What was the Lok Sabha earlier named as?

A

The House of the People

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9
Q

What was the Rajya Sabha earlier named as?

A

The Council of States

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10
Q

What is the term/tenure of the Lok Sabha?

A

5 years, if not dissolved earlier

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11
Q

When can the life of LS be extended by Parliament?

A

When a Proclamation of Emergency is in operation

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12
Q

By how much can the term of LS be extended?

A

No more than one year at a time

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13
Q

What is the maximum strength of the LS?

A

Provided by the Constitution - 552

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14
Q

How many members can represent the States in LS?

A

530

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15
Q

How many members can represent the UTs in LS?

A

Not more than 20 members

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16
Q

Which Act bifurcated J & K into Ladakh and J & K?

A

The Jammu and Kashmir Reorganisation Act

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17
Q

How is the no. of seats a UT can have in the LS decided?

A

By a Delimitation Commission, headed by India’s Chief Election Commissioner

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18
Q

Who is nominated by the President in the LS?

A

2 members of the Anglo-Indian community

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19
Q

Why does the President appoint 2 members of the AIC?

A

In case he feels the community is inadequately represented

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20
Q

On what basis is the allocation of seats/ allotment of members to the various states in LS?

A

Roughly on population basis

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21
Q

How many members represent Uttarakhand in the LS?

A

80

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22
Q

How many members represent Maharashtra in the LS?

A

48

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23
Q

Name the states that are represented by only one member in the LS?

A

Mizoram, Nagaland, Sikkim

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24
Q

How is the LS constituted?

A

By direct election on the basis of Universal Adult Franchise

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25
Q

Parliamentary Constituencies?

A

At present, the members of the LS are elected by 543 single-member constituencies. The candidate obtaining the largest no. of votes, irrespective of the percentage of votes he or she secures, is declared elected

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26
Q

Name the Qualifications of Members of LS

A
  1. Must be a Citizen of India
  2. Must not be less than 25 years of age
  3. Must possess other such qualifications as prescribed under any law made by the Parliament
  4. Must be registered as a Voter in any of the Parliamentary Constituencies
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27
Q

Name the Disqualifications for Members of LS & RS

A
  1. If one holds an Office of Profit under the Government of India or of any State
  2. If a person is of unsound mind and stands so declared by a competent court
  3. If one is undischarged insolvent
  4. If a person has ceased to be a Citizen of India
  5. If one is so disqualified under any law made by Parliament
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28
Q

A person cannot simultaneously be a Member of what?

A
  1. Of both houses of Parliament at the same time

2. Of Parliament & a House of the Legislature of a State

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29
Q

What is the expulsion power of both Houses of Parliament?

A

They have the power to expel a member whose conduct damaged the dignity of the House

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30
Q

What is an office of profit?

A

It means an employment or a position that brings to the person holding it some financial gain or benefit

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31
Q

What are the tests for determining whether an office is an office under government?

A
  1. Whether the government makes the appointment
  2. Whether the government pays the remuneration
  3. Whether holder performs the functions for govn.
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32
Q

What do the members of the LS & RS do before taking a seat?

A

Take an oath or make an affirmation, by the Prez

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33
Q

When does a seat of a Member of either House become vacant?

A
  1. If a Member resigns his seat by writing to the Speaker or Chairman
  2. If a Member is absent from all meetings for a period of 60 days (without permission of the House)
  3. If a Member becomes subject to the Disqualifications laid down in the Constitution or an Act of Parliament or on the ground of Defection
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34
Q

What is a quorum?

A

A quorum is the minimum no. of members required to be present before a meeting is allowed to begin

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35
Q

What is the quorum to constitute a meeting of the House?

A

One-tenth of the total no. of members, including the Speaker or the person who presides over the meeting.

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36
Q

What is the quorum of LS?

A

55 members

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37
Q

What is the assumption with regard to the quorum?

A

It is presumed that there is a quorum throughout a sitting until an objection to the lack of quorum is raised by a member. In that case, a bell is rung and the house is adjourned for lack of quorum

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38
Q

What is Courtesy to the House?

A

Courtesy to the House dictates that after finishing their speeches, Members resume their seats and leave the house only afterwards, if necessary

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39
Q

What is the Opposition Party?

A

In LS or RS, a Party gets recognition as a Parliamentary Party (Opposition) if it has one-tenth of the total membership of the House

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40
Q

What status do the Leaders of Opposition hold?

A

The same status as Union Cabinet Minister

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41
Q

What is a Party treated as, if it does have not one-tenth of the total members of the House?

A

As a Group, not a Party

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42
Q

What percentage of the 17th LS do women make up?

A

With 78 seats, 14.3 percent of Members (highest no. ever attained)

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43
Q

Who is the Speaker?

A

The Speaker is the Principal Residing Officer of the Lok Sabha

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44
Q

How is the Speaker elected?

A

He/She is elected by the House from among its members by a simple majority of members present and voting

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45
Q

Who is the Deputy Speaker?

A

Performs the duties of the Speaker when the latter is absent or while the office of the Speaker is vacant

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46
Q

When is the office of the speaker vacant?

A

When the Speaker has resigned, is ill, or removed

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47
Q

Till how long does the Speaker hold office?

A

Till he ceases to be a member of the House or until he himself resigns his office

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48
Q

How can the Speaker be removed from office?

A

By a resolution passed by a majority of all the then Members of the House

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49
Q

When does the Speaker vacate his office?

A

Not on dissolution, but immediately before the first meeting of the newly constituted House

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50
Q

Name the Powers and Functions of the Speaker

A
  1. Regulates Debates and Proceedings of the House

2. Presides over the Joint Sitting of both Houses of Parliament

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51
Q

Who presides over the meetings of LS?

A

The Speaker

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52
Q

All speeches and remarks in LS are addressed to?

A

The Chair

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53
Q

Who decides the admissibility of questions and all Resolutions?

A

The Speaker

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54
Q

Who is the final judge to decide on the admissibility of a Motion of Adjournment?

A

The Speaker

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55
Q

By whose signatures are all Bills passed by LS authenticated?

A

The Speaker

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56
Q

Who takes the decision if any question arises whether a Bill is a Money Bill or not?

A

The Speaker

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57
Q

When does the Speaker vote?

A

He/She does not vote in the first instance. The Speaker gives a Casting vote when votes for and against a proposal are equal

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58
Q

Who presides over the Joint Sitting of both the Houses?

A

The Speaker

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59
Q

What is the RS?

A

It is the second chamber of the Indian Parliament.

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60
Q

Give another name for RS

A

Upper House

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61
Q

How many members does the RS consist of?

A

Not more than 250

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62
Q

Which categories do the members of RS fall into?

A

Nominated and elected

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63
Q

How many nominated members are in RS?

A

12

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64
Q

Who nominates 12 members of the RS? Why?

A

The President, from among persons having special knowledge or practical experience in matters such as these - literature, science, art, and social service

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65
Q

What is the reason for nominating persons in RS?

A

Enabling distinguished persons to have a place in the Upper Chamber

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66
Q

Seats are allocated to the States and UTs on which basis?

A

Population basis

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67
Q

How are representatives of States in the RS elected?

A

By the elected Members of the Legislative Assembly of each State

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68
Q

What are the qualifications of Membership in RS?

A
  1. Must be a Citizen of India
  2. Must not be less than 30 years of age
  3. Must possess such additional qualifications as prescribed under any law made by the Parliament
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69
Q

What are the disqualifications of Membership in RS?

A
  1. Holding an Office of Proft under the Government of India or of the States except for such offices as have been exempted by a law enacted in 2006
  2. Being of unsound mind
  3. Being an undischarged solvent
  4. Being an alien
  5. Being disqualified under any law of Parliament
70
Q

What is the term/tenure of each member of RS?

A

6 years

71
Q

Why is RS a permanent body?

A

It is a permanent body like the American Senate. It cannot be dissolved by the Prez. One-third of its members retire at the end of every second year. Each member has a six-year term.

72
Q

Who is the Presiding Officer of RS?

A

The Vice-President of India

73
Q

Who is the ex-officio Chairman of the RS?

A

The Vice-President of India

74
Q

What right does the VP have in the RS?

A

No right to vote except to break a tie (casting vote)

75
Q

When does the VP not perform the duties of the office of the Chairman?

A

When he acts as the President of India

76
Q

How does the RS elect a Deputy Chairman?

A

From amongst its own members

77
Q

What is the role of the Deputy Chairman in RS?

A

He presides at the sittings of the House in absence of the Chairman or during the period when the VP is discharging the functions of the President

78
Q

What is the quorum of the RS?

A

One-tenth of the total members of the RS

79
Q

When does the Presiding Officer have to adjourn the House or suspend the meeting?

A

When there is no quorum

80
Q

Give the legislative powers of the Union Parliament

A
  1. Matters in the Union List and Concurrent List
  2. Residuary Powers
  3. Matters in the State List
  4. Ordinances
81
Q

Who has exclusive powers to make laws with respect to matters in the Union List?

A

The Parliament

82
Q

Who has the power to make laws with respect to matters in the Concurrent List?

A

The Parliament and the State Legislatures

83
Q

What happens when the Central and the State law are in conflict in the case of a Concurrent List?

A

The law made by the Parliament shall prevail

84
Q

What does the Parliament possessing residuary powers mean?

A

It can make laws with respect to all those matters which are not mentioned in any of the three lists - the Union List, the State List, the Concurrent List

85
Q

When can the Parliament legislate on subjects included in the State List?

A
  1. During the proclamation of an Emergency
  2. When the RS passes a resolution by a two-thirds majority that a subject in the SL has assumed national importance
  3. When two or more states desire that the Parliament should legislate on a subject given in the State List
86
Q

Who promulgates Ordinances?

A

The President

87
Q

When can the President promulgate an Ordinance?

A

At a time when the Parliament is not in session

88
Q

When do Ordinances cease to operate?

A

At the expiration of six weeks from the re-assembly of Parliament unless they are approved by the Houses

89
Q

What is the procedure of a Money Bill?

A

It can only be introduced in the LS. It is then transmitted to the RS for its recommendations. The RS must return the Bill within a period of 14 days with its recommendations. The LS is free to accept or reject recommendations from RS in money matters.

90
Q

Give the provisions of the Parliament under financial powers

A
  1. Money Bill
  2. The Budget
  3. Supplementary Grants
  4. Vote on Account
91
Q

What is the Union Budget?

A

Contains the estimates of receipts and expenditure of the Government of India in respect of a financial year

92
Q

What were the two parts of the Budget?

A

the Railway Budget and the General Budget

93
Q

Who passes the Union Budget?

A

The Parliament

94
Q

In which two parts are the estimates of expenditure in the Budget shown?

A
  1. Expenditure charged on the Consolidated Fund of India

2. The sums required to meet other expenditures of the Government

95
Q

What does the expenditure charged on the Consolidated Fund of India include?

A

The salaries and allowances of the President, the Speaker, the Deputy Speaker, the Chairman, the Deputy Chairman, Judges of the Supreme Court and High Courts, etc.

96
Q

Which expenditure does not require an annual vote of Parliament?

A

The expenditure charged on the Consolidated Fund of India

97
Q

What is ‘Supplementary Grant’?

A

If the amount authorized for the current financial year is found to be insufficient, the Government may make a fresh demand known as ‘Supplementary Grant.’

98
Q

What is ‘Vote on Account?

A

It is a device that authorizes the Executive to draw funds from the Consolidated Fund until the Budget is passed by the Parliament after the beginning of the new financial year

99
Q

When is the beginning of the new financial year?

A

April 1

100
Q

Give the administrative powers of the Parliament / Name the devices through which the Parliament exercises control over the Executive

A
  1. The Question Hour
  2. Adjournment Motion
  3. Censure Motion
  4. No-Confidence Motion
  5. Monetary Controls
101
Q

Who is the Council of Ministers responsible to?

A

The House of the People

102
Q

How long do the Ministers continue in office?

A

As long as they enjoy the confidence of a majority of members in the LS

103
Q

What is the Question Hour also called?

A

Interpellation - right to ask questions

104
Q

What is the Question Hour?

A

The first hour of a sitting in both Houses is allotted for asking and answering of questions

105
Q

What is the purpose of the Question Hour?

A

To obtain information on a matter of public importance or to ventilate a grievance

106
Q

What is a valuable protection against injustice and slackness on the part of the government?

A

The Question Hour

107
Q

Which device keeps the Ministers on their toes?

A

The Question Hour

108
Q

What is the Adjournment Motion?

A

It pinpoints the failure of the Government in the performance of its duties & furnishes the opportunity to censure the acts of omission and commission of Ministers and Administrators

109
Q

Where is the Adjournment Motion moved?

A

Only in the Lok Sabha

110
Q

On which subjects was an Adjournment Motion allowed?

A
  1. Killing of a senior IPS officer in a place of worship

2. Death of several persons due to the consumption of unlicensed liquor

111
Q

Against whom can a Censure Motion be moved?

A

It may be moved against a group of Ministers or an individual Minister, expressing strong disapproval of their policy or some deed

112
Q

What would adoption of the Censure Motion result in?

A

In the resignation of the Government

113
Q

By whom is No-Confidence Motion moved?

A

By a Member or Leader of the Opposition

114
Q

What happens if the No-Confidence Motion is carried?

A

It implies loss of confidence and the Prime Minister has to submit resignation of his Council of Ministers. Thus, the Government has to resign

115
Q

Why would the Government not resign even in case of a Vote of Censure?

A

When the Vote of Censure is against a particular minister

116
Q

How many Cut Motions are there?

A

3 kinds

117
Q

What is the monetary control of the Parliament?

A

Parliamentary Committee on Public Accounts ensures that public money is spent in accordance with Parliament’s decision. It examines reports of the Comptroller and Auditor-General of India

118
Q

When may a Cut Motion be moved?

A

When the Budget is under consideration

119
Q

Which powers are exclusively in the domain of LS?

A
  1. Financial Matters - Money Bill, Voting on Grants
  2. Responsibility of Council of Ministers
  3. Joint Sitting of both Houses
120
Q

What happens if the Money Bill is not returned by the RS within 14 days of its receipt?

A

It shall be deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha

121
Q

Who has the power to vote on the Demand for Grants?

A

Only the Lok Sabha

122
Q

What are Grants for?

A

Grants for the various Ministries under the Budget of the Government of India

123
Q

What is RS’s position with respect to Grants?

A

It may discuss them, but it has no power to vote on them

124
Q

What is an important function of the LS with respect to governments?

A

To make and throw out governments - Union Council of Ministers is collectively responsible to LS through Question Hour

125
Q

Why is the Adjournment Motion moved only in LS?

A

Because it indicates strong disapproval of the policy of the Government

126
Q

How is Censure Motion different from No-Confidence Motion?

A
  1. It can be moved against an individual Minister or a group of Ministers, whereas the NCM is moved against the entire Council of Ministers
  2. Censure Motion should specify the policies or acts that are being censured, whereas NCM need not record the ground on which it is based
127
Q

How is the disagreement between the two Houses on Bill, other than a money bill, resolved?

A

Resolved by both Houses in a joint sitting

128
Q

How are matters decided in a joint sitting of both Houses?

A

By majority vote

129
Q

Why does the will of Ls naturally prevail at a joint sitting?

A

The total membership of the Rajya Sabha is less than even half of the total strength of Lok Sabha. Moreover, such joint sittings are presided over by the Speaker of the Lok Sabha

130
Q

Why did the Constitution assign some exclusive powers to Rajya Sabha?

A

Due to its Federal character

131
Q

Name the exclusive powers of the Rajya Sabha

A
  1. Making of Law on a Matter in the State List in the National Interest
  2. Creation of one or more all-India Services
  3. Rajya Sabha is a Permanent Chamber
132
Q

When does the Parliament make laws for the whole or any part of the country on any matter given in the State List?

A

When the Rajya Sabha passes a resolution that it would be in the national interest of the Parliament to enact a law on a matter in the State List by a two-thirds majority

133
Q

When does the Parliament create new all_India services?

A

The Rajya Sabha, by a two-thirds majority, pass a resolution that it is necessary in the national interest to create one or more All-India Services. Thereupon Parliament may by law create new services

134
Q

Which power of the Rajya Sabha is in keeping with the Federal Character of the Constitution?

A

Creation of one or more All-India Services

135
Q

What important role does the RS play in relation to its permanence?

A

It is not subject to dissolution by the President. It has to play an important role, in matters such as an approval of Proclamation of Emergency during the period when LS remains dissolved

136
Q

What are the equal powers of the LS & RS?

A
  1. Election and Impeachment of the President
  2. Removal of Judges of the Supreme Court and High Courts
  3. Proclamation of Emergency
  4. Promulgation of Ordinances
  5. Constitutional amendments
137
Q

What are Parliamentary Procedures?

A

For proper transactions of the business of the House, a no. of rules and formalities have to be observed

138
Q

Who summons each House of the Parliament and when?

A

The President, to meet at such time and place as the President thinks fit

139
Q

What is the Session?

A

The period during which the House meets to conduct its business

140
Q

Who summons the Sessions of each House of Parliament?

A

The President

141
Q

How many months shall not intervene between the two Sessions?

A

Six months

142
Q

How many Sessions should the Parliament hold in a year?

A

At least two Sessions

143
Q

Name the three Sessions held in a year

A
  1. Budget Session (February-May)
  2. Monsoon Session (July-September)
  3. Winter Session (November-December)
144
Q

When does the President address the Joint Sitting of the two Houses?

A
  1. At the commencement of the first Session after each General Election
  2. At the commencement of the first session of each year i.e. Budget Session
  3. When there is a disagreement between 2 houses
145
Q

What is the President’s Address called?

A

A Policy Statement of the Government

146
Q

What does the President’s Address do/mean?

A

It sets out the tasks that Government wishes to undertake and the subjects on which it proposes to make laws

147
Q

What is the Motion of Thanks?

A

The debate on the President’s Address takes the form of a Motion thanking the President for his speech. At the end of the discussion, the Pm replies to the debate. Then the Motion of Thanks is put to vote.

148
Q

What is the Question Hour?

A

The first hour of Sitting in both Houses is allotted for asking and answering of questions. Therefore, it is called the Question Hour

149
Q

What are the rules to asking a question?

A

A question must not ordinarily exceed 150 words. A member has to give 10 clear days’ notice of a question

150
Q

Name the three types of Questions

A
  1. Starred Questions
  2. Unstarred Questions
  3. Short Notice Questions
151
Q

What are Starred Questions?

A
  1. They are those to which a member wishes to have an oral answer on the floor of the House.
  2. Such questions are distinguished by an asterisk.
  3. Supplementary questions may be asked after replies to such questions are given by the Ministers.
152
Q

What are Unstarred Questions?

A

They do not carry an asterisk mark. Answers to them are given in a written form. No supplementary question can be asked thereon.

153
Q

What are Short Notice Questions?

A

They relate to a matter of urgent importance. Such a question may be asked with notice shorter than 10 clear days

154
Q

What is the Zero Hour?

A

The time which begins at 12 o’ clock soon after the Question Hour is called the Zero Hour. It does not extend more more than one hour.

155
Q

What happens during Zero Hour?

A

Members raise all types of questions. Sometimes, they raise matters simply to gain publicity or just to embarrass the government. Most often, it leads to unruly scenes in the government.

156
Q

What is a Motion?

A

A Motion is a formal proposal made by a member that the House ought to do something or express an opinion with regard to some matter of public importance

157
Q

What does an Adjournment Motion propose?

A

That the House should lay aside all other business and take up the consideration of “a matter of urgent public importance”.

158
Q

Which Motion interrupts the normal business of the House?

A

Adjournment Motion

159
Q

What does the Speaker do for the admissibility of Adjournment Motions?

A

Applies a rigorous test

160
Q

Which principles guide the Speaker in applying a rigorous test for the admissibility of Adjournment Motion?

A
  1. That the matter raised is ‘definite’
  2. That the urgency is of such a character that the matter should be discussed on the same day
  3. That the subject is of public importance`
161
Q

Name some subjects on which Adjournment Motions were admitted

A
  1. Death of a few persons due to consumption of illicit liquor in Delhi
  2. Killing of a senior IPS officer at a religious place in Punjab
  3. A serious situation arising out of extremist activities and the government’s failures to tackle the problem
162
Q

What does an Adjournment Motion being passed by the House indicate?

A

It indicates a strong disapproval of the policy of Government. It goes to show that the Government has failed to tackle the problem in an effective way. But it does not result in the resignation of the PM

163
Q

What is the No-Confidence Motion?

A

The Council of Ministers is collectively responsible to the Lok Sabha. A Motion expressing No-Confidence in the Government is moved by the Opposition.

164
Q

What is the procedure of the No-Confidence Motion?

A

The House grants leave to move No-Confidence Motion only when it carries the support of at least 50 members. The Motion has to be taken up for discussion within 10 days from the day on which leave is granted. On conclusion of the debate, the Speaker puts Motion to vote. If the Motion is passed, it implies loss of confidence in the Government and the PM is obliged to submit his resignation.

165
Q

How are adjournment and prorogation different?

A

An adjournment suspends the sitting of the House. Prorogation ends the Session. The power to adjourn the House belongs to the Speaker or the Presiding Officer, but prorogation of a Session can be done by the President alone.

166
Q

When is the House adjourned?

A
  1. When the day’s business is over
  2. For want of quorum
  3. When the Presiding Officer finds that no business can be transacted because the House has become unruly
167
Q

What is the difference between a Bill and an Act?

A

A Bill is the draft of a “legislative proposal”, which, when passed by both Houses of the Parliament and assented to by the President, becomes an Act

168
Q

Name the two types of Bills

A

Money Bills or Ordinary Bills

169
Q

Where can an Ordinary Bill originate?

A

In either House of Parliament

170
Q

Give the procedure relating to an Ordinary Bill

A
  1. If the Bill passed by one House is amended by the other House, it goes back to the House where it originated.
  2. If the House originating the Bill does not agree to the amendments, it shall be deemed that the Houses have disagreed
  3. In case of such a disagreement or in case when more than six months elapse without the bill being passed by the other House, the President may summon a joint sitting of both the Houses presided by the Speaker of LS.
  4. The Bill is deemed to have been passed by both the houses if a majority of members agree to it.
  5. When a Bill has been passed, it is presented to the President for his assent
171
Q

What does a Money Bill deal with?

A

It deals with the imposition, abolition or alteration of any tax. The President shall not withhold his assent from a Money Bill.

History (10 decks)

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