The Parliament (Indian Polity and Governance) Part-V

Total Questions: 50

21. For the First time, a MP\MLA was disqualified from the membership on the ground of remaining absent from sixty consecutive meetings of the House without the permission. He was a member of- [U.P.P.C.S. (Mains)2004]

Correct Answer: (a) Council of States
Solution:The first member who was declared disqualified for remaining absent for 60 days without the permission of the House was from the council of States from Punjab in the year 2000. The person was an Independent Member of Parliament named Barjinder Singh Hamdard.

As per the Indian Constitution, a person shall be disqualified from being elected as a Member of Parliament:

  • if he/she holds any office of profit under the Union or State Government (except that of a Minister or any other office exempted by Parliament).
  • if he/she is of unsound mind and stands so declared by a court.
  • if he/she is an undischarged insolvent.
  • if he/she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state.
  • if he/she is so disqualified under any law made by Parliament.

22. If any member of Parliament is elected for any State Legislature, within how many days he has to resign from the State Legislature, otherwise his membership of Parliament will become void? [Chhattisgarh PC.S. (Pre) 2022]

Correct Answer: (b) 14 days 
Solution:According to Article 101(2) of the Constitution (Rule 2 of 2 the prohibition of simultaneous membership rules, 1950), A Person cannot be a member of the Parliament and State Legislature at the same time. If the person is so elected, his seat in Parliament becomes vacant if he fails to resign his seat in the Legislature within 14 days.

As per the Indian Constitution, a person shall be disqualified from being elected as a Member of Parliament:

  • if he/she holds any office of profit under the Union or State Government (except that of a Minister or any other office exempted by Parliament).
  • if he/she is of unsound mind and stands so declared by a court.
  • if he/she is an undischarged insolvent.
  • if he/she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state.
  • if he/she is so disqualified under any law made by Parliament.

23. Privilege motion can be raised against a Minister when he- [Chhattisgarh P.C.S. (Pre) 2011]

Correct Answer: (c) Withholds facts of a case or gives distorted versions of facts.
Solution:Under the Parliament Rules and Procedure, the Privilege Motion can be raised against a Minister if any fact of a case is withheld by him or a distorted version is given.
  • The Parliamentary privilege are certain rights conferred to the Members of Parliament (MPs) for conducting the business of the Parliament.
  • There is no codified list of the exact privileges, but it includes the right of free expression in the course of Parliamentary debates and MPs will not be liable for court proceedings for this.
  • If such a privilege is breached, a motion can be raised by any member and can be admitted by the RS Chairman/LS Speaker.
  • They can then refer it to the Privileges Committee under Rule 203 of Rules of Procedure and Conduct of Business in the Council of States/RS..

24. Consider the following statements: [I.A.S. (Pre) 2019]

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.

2. The above-mentioned Act was amended five times.

3. The term 'office of Profit' is well-defined in the Constitution of India.

Which of the statements given above is/are correct?

Correct Answer: (a) 1 and 2 only
Solution:The expression 'Office of profit' has not been defined in the Constitution of India or in the representation of The People Act, 1951. Article 102 of the Constitution provides that a person shall be disqualified from being chosen as a Member of Parliament (MP), if he holds an office of profit under the Government of India or any States. However,  the Parliament can declare by the law that holding certain offices will nit lead to disqualification. The Parliament (Prevention of Disqualification) Act, 1959 lists certain offices of profit under central and state governments.

The Parliament (Prevention of Disqualification) Act, 1959 was amended five times. So only statement (1) and (2) are correct. Right answer is option (a).

25. Who will decide the Office of Profit? [U.P.P.C.S. (Pre) 2006, U.P.P.C.S. (Pre) 2000 ]

Correct Answer: (e) Both (a & b)
Solution:Analysis-1 : The Office of Profit is decided by the Union Parliament for the Union under Article 102(1)(a) and by State Legislatures for the States under Article 191(1)(a).

Analysis-II : Whether a person is disqualified or not on the basis of his post of profit for the Membership of Parliament or state Legislature, Its decision-

According to Article 103 (1) and (2) in the centre, the President shall do so on the advice of the Election Commission and in accordance with Article 192 (1) and (2) in the states, the Governor shall do so on the advice of the Election Commission.

Hence, according to analysis-I, the correct answer will be option (b), and according to analysis-II, the correct answer will be option (a).

26. Which one of the following provisions deals with the privileges and immunities of the Members of Parliament under the Constitution of India? [Chhattisgarh P.C.S. (Pre) 2011]

Correct Answer: (b) Article 105
Solution:Article 105 of the Constitution provides the powers, privileges, and immunities of the Houses of Parliament and its members and committees thereof.
  • Parliamentary privileges are the rights and immunities enjoyed by members of Parliament (MPs) in India to enable them to discharge their duties and functions without interference or intimidation.
  • Sources: These privileges are derived from the Constitution of India, parliamentary conventions, laws made by the Parliament, rules of Lok sabha and Rajya sabha, and judicial interpretations.
  • Constitutional Provisions: Parliamentary privileges are defined in Article 105 of the Indian Constitution. The members of Parliament are exempted from any civil or criminal liability for any statement made or act done in the course of their duties.
  • Co-terminus with membership: The privileges are claimed only when the person is a member of the house. As soon as he ends to be a member, the privileges are said to be called off.
  • These privileges are essential so that the proceedings and functions can be made in a disciplined and undisturbed manner.
  • In India, the privileges of members of Parliament are specified in the Constitution, the Rules of Procedure and Conduct of Business in Lok Sabha, and the Rules of Procedure and Conduct of Business in Rajya Sabha.

27. Which one of the following is not a collective privilege of the members of Parliament? [U.P.P.C.S. (Pre) 2017]

Correct Answer: (c) Freedom from attendance as Witness.
Solution:Parliamentary privileges are some of the peculiar rights enjoyed by each House collectively as a constituent part of parliament and by member of each House individually, without which they could not discharge their functions efficiently and effectively. Some of the collective privileges of the members of Parliament are -

(I) To prohibit the publication of its debates and proceedings

(II) To exclude strangers from the House

(III) To regulate its own procedure and conduct of its business.

(IV) To punish members as well as outsiders for the breach of privileges or contempt of the House.

(V) Prohibition of arrest and service of legal process within the precincts of the House without the permission of chairman/speaker.

(VI) Right of the member to receive immediate information of the arrest, detention, conviction, imprisonment or release of Member:

Notably, freedom from attendance as a witness is an Individual privilege of a member of Parliament.

28. Under which Article of the Constitution the Courts have been prohibited from inquiring the proceedings of the Parliament? [U.P.U.D.A./L.D.A. (Spl) (Mains) 2010]

Correct Answer: (b) Article 122
Solution:Under Article 122 of the Constitution, the Courts have been prohibited from inquiring into proceedings of the Parliament.

It further states the following:

  • The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
  • No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

29. Who among the following has the right to vote in the elections to both the Lok Sabha and the Rajya Sabha? [I.A.S. (Pre) 1995]

Correct Answer: (d) Elected members of the Lower House of the state Legislature
Solution:The elected members of the Lower House of the state Legislature, Le, the Legislative Assembly, have the right to vote in the elections of both Lok Sabha (as a citizen's right) and Rajya Sabha. In addition, they vote for the election of the President of India.

About Parliament of India
- The Parliament of India is the legislative organ of the Union Government.
- As per the Constitutional framework, the Parliament of India consists of three parts:
A. The President of India
B. The Council of States or the Rajya Sabha - It is the Upper House or the First Chamber or the House of Elders and represents the States and UTs of the Union of India.
C. The House of the People or the Lok Sabha - It is the Lower House or the Second Chamber or the Popular House and represents the People of India as a whole.

30. Which one of the following statement is correct? [I.A.S. (Pre) 1994]

Correct Answer: (c) A point difference between the Lok Sabha and the Rajya Sabha is that while a candidate to Lok Sabha can contest from any State in India, a candidate to the Rajya Sabha should ordinarily be a resident of the State from where he is contesting.
Solution:According to the provision at the time of question year option (c) was correct and the other option were wrong.

Note: The Representation of the People Act, 1951 was amended, in the year 2003, so the situation has changed now. The requirement that a candidate contesting an election to the Rajya Sabha from a particular State should be a voter in that particular State has been removed. Supreme Court in 2006 upheld the Constitutional validity of this Amendment.