The Parliament (Indian Polity and Governance) Part-III

Total Questions: 30

11. Member of Rajya Sabha is elected- [42nd B.P.S.C. (Pre) 1997]

Correct Answer: (c) For six years
Solution:Duration of Rajya Sabha
  • The Rajya Sabha is a continuing chamber, which means that it is a permanent body and is not subject to dissolution.
  • The Indian Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Indian Parliament.
  • Accordingly, the Parliament enacted the Representation of the People Act (1951) which:
    ∗  Provides that the term of office of a member of the Rajya Sabha                  shall be six years, and
    ∗   Authorizes the President of India to make provisions to govern the            order of retirement of the members of the Rajya Sabha.
  • Under this provision, the President has made the Rajya Sabha (Term of Office of Members) Order, 1952.
  • As per the current plan, one-third of the members of the Rajya Sabha retire every second year.
    ∗ Their seats are filled up by the fresh elections and Presidential                     nominations at the beginning of every third year.
    ∗ The retiring members of the Rajya Sabha are eligible for re-election           and renomination any number of times.

12. Rajya Sabha is called Permanent House because- [41st B.P.S.C. (Pre) 1996]

Correct Answer: (b) It cannot be dissolved
Solution:Duration of Rajya Sabha
  • The Rajya Sabha is a continuing chamber, which means that it is a permanent body and is not subject to dissolution.
  • The Indian Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Indian Parliament.
  • Accordingly, the Parliament enacted the Representation of the People Act (1951) which:
    ∗  Provides that the term of office of a member of the Rajya Sabha                  shall be six years, and
    ∗   Authorizes the President of India to make provisions to govern the            order of retirement of the members of the Rajya Sabha.
  • Under this provision, the President has made the Rajya Sabha (Term of Office of Members) Order, 1952.
  • As per the current plan, one-third of the members of the Rajya Sabha retire every second year.
    ∗ Their seats are filled up by the fresh elections and Presidential                     nominations at the beginning of every third year.
    ∗ The retiring members of the Rajya Sabha are eligible for re-election           and renomination any number of times.

13. According to our Constitution, the Rajya Sabha. [48th to 52nd B.P.S.C. (Pre) 2008]

Correct Answer: (d) Is not subject to dissolution.
Solution:Duration of Rajya Sabha
  • The Rajya Sabha is a continuing chamber, which means that it is a permanent body and is not subject to dissolution.
  • The Indian Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Indian Parliament.
  • Accordingly, the Parliament enacted the Representation of the People Act (1951) which:
    ∗  Provides that the term of office of a member of the Rajya Sabha                  shall be six years, and
    ∗   Authorizes the President of India to make provisions to govern the            order of retirement of the members of the Rajya Sabha.
  • Under this provision, the President has made the Rajya Sabha (Term of Office of Members) Order, 1952.
  • As per the current plan, one-third of the members of the Rajya Sabha retire every second year.
    ∗ Their seats are filled up by the fresh elections and Presidential                     nominations at the beginning of every third year.
    ∗ The retiring members of the Rajya Sabha are eligible for re-election           and renomination any number of times.

14. Right to dissolve the Rajya Sabha is vested in- [39th B.P.S.C. (Pre) 1995]

Correct Answer: (d) None of the above
Solution:Duration of Rajya Sabha
  • The Rajya Sabha is a continuing chamber, which means that it is a permanent body and is not subject to dissolution.
  • The Indian Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Indian Parliament.
  • Accordingly, the Parliament enacted the Representation of the People Act (1951) which:
    ∗  Provides that the term of office of a member of the Rajya Sabha                  shall be six years, and
    ∗   Authorizes the President of India to make provisions to govern the            order of retirement of the members of the Rajya Sabha.
  • Under this provision, the President has made the Rajya Sabha (Term of Office of Members) Order, 1952.
  • As per the current plan, one-third of the members of the Rajya Sabha retire every second year.
    ∗ Their seats are filled up by the fresh elections and Presidential                     nominations at the beginning of every third year.
    ∗ The retiring members of the Rajya Sabha are eligible for re-election           and renomination any number of times.

15. Which one of the following statements about Rajya Sabha is correct? [U.P.P.C.S. (Mains) 2011]

Correct Answer: (a) It is not subject to dissolution.
Solution:Only the first statement is correct. Its members are elected by the elected members of the Legislative Assemblies [Article 80 (4)). The tenure of the Members of the Council of States is & yours, and 1/3rd members retire after every 2 years. The council of States shall not be subject to dissolution. The Vice- President of India is the ex-officio chairman of the Council of States, and the Attorney General of India has the right to speak in both the Houses of the Parliament.

16. How is Rajya Sabha dissolved? [M.P.P.C.S. (Pre) 2010]

Correct Answer: (d) None of the above
Solution:Only the first statement is correct. Its members are elected by the elected members of the Legislative Assemblies [Article 80 (4)). The tenure of the Members of the Council of States is & yours, and 1/3rd members retire after every 2 years. The council of States shall not be subject to dissolution. The Vice- President of India is the ex-officio chairman of the Council of States, and the Attorney General of India has the right to speak in both the Houses of the Parliament.

17. The Rajya Sabha can be dissolved by- [U.P.P.C.S. (Mains) 2012]

Correct Answer: (d) None of above
Solution:Only the first statement is correct. Its members are elected by the elected members of the Legislative Assemblies [Article 80 (4)). The tenure of the Members of the Council of States is & yours, and 1/3rd members retire after every 2 years. The council of States shall not be subject to dissolution. The Vice- President of India is the ex-officio chairman of the Council of States, and the Attorney General of India has the right to speak in both the Houses of the Parliament.

18. The number of members nominated by the President in Rajya Sabha is- [39thB.P.S.C. (Pre) 1996]

Correct Answer: (c) 12
Solution:
  • The President of India nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in the field of:
    ∗ art,
    ∗ literature,
    ∗ science, and
    ∗ social service.
  • The rationale behind this principle of nomination of members to the Rajya Sabha is to provide eminent persons with a place in the House without going through the process of elections.
    Note: The American Senate has no nominated members.

19. President may nominate in Council of States total- [U.P. U.D.A./L.D.A. (Pre) 2006]

Correct Answer: (d) 12 Members
Solution:
  • The President of India nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in the field of:
    ∗ art,
    ∗ literature,
    ∗ science, and
    ∗ social service.
  • The rationale behind this principle of nomination of members to the Rajya Sabha is to provide eminent persons with a place in the House without going through the process of elections.
    Note: The American Senate has no nominated members.

20. Consider the following statements with respect to qualification to become the member of Rajya Sabha and select the correct answer from the code given below: [M.P.P.C.S. (Pre) 2008]

(1) Should be at least 30 years of age

(2) Should be registered as a voter on the list of voters in the state from which the candidate is to be elected

(3) Should not hold office of profit under the state

Correct Answer: (b) 1 and 3 are correct
Solution:Constitutional Qualifications for Members of Rajya Sabha

The Indian Constitution lays down the following qualifications for a person to be chosen as a Member of the Rajya Sabha:

  • He/she must be a citizen of India.
  • He/she must make and subscribe to an oath or affirmation before the person authorised by the Election Commission of India (ECI) for this purpose.
  • He/she must not be less than 30 years of age.
  • He/she must possess other qualifications prescribed by Parliament.
    Statutory Qualifications for Members of Lok Sabha
    The Parliament has laid down the following additional qualifications for the Member of Rajya Sabha in the Representation of People Act of 1951:
  • A candidate contesting an election to the Rajya Sabha must be registered as an elector for a parliamentary constituency.
    ∗ It is to be noted that the candidate can be registered as an elector            for a parliamentary constituency in any state of the country, and           not necessarily in the state from where he/she is contesting the               election.
    Note: The original Constitution required that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state. However, this requirement was dispensed with in 2003.