The Parliament (Indian Polity and Governance) Part-VII

Total Questions: 34

21. What is correct about the starred question? [Chhattisgarh P.C.S. (Pre) 2014]

(i) Answer is given oral.

(ii) Answer is given in written.

(iii) Supplementary questions can be asked.

(iv) Supplementary questions cannot be asked.

(v) Answers can be discussed.

(vi) Speaker controls answer.

Correct Answer: (b) (i), (ii)
Solution:A starred question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk (*) mark. When a question is answered orally, supplementary questions can be asked thereon. Only 20 questions can be listed for oral answer on a day. An unstarred question is one which is not called for oral answer in the House and on which no supplementary questions can consequently be asked.

22. In the Parliament of India, the purpose of an adjournment motion is- [I.A.S. (Pre) 2012]

Correct Answer: (a) To allow a discussion on a definite matter of urgent public importance
Solution:The Adjournment Motion in Parliament is introduced to highlight a specific matter of urgent public importance, requiring the support of 50 members for its acceptance. As it disrupts the normal business of the House, it is viewed as an exceptional procedure.
  • The debate on an adjournment motion must last at least two hours and thirty minutes.
  • Typically, such a motion implies censure of the government, which is why it is not permitted in the Rajya Sabha.
  • Conditions for Moving an Adjournment Motion
    Must address a specific, recent, factual, urgent, and significant public issue.
    Should focus on one matter and not revisit previously discussed topics.
    Cannot involve privilege questions, court cases, or issues addressable through other motions.

23. Statement(A): N.D.A. Government does not like discussion under Rule 184 of Rules of Procedure and Conduct of Business in Lok Sabha. Reason(R): This Rule provides for voting also along with discussion. Select the correct answer using: [U.P.U.D.A./L.D.A. (Pre) 2002, U.P.P.C.S. (Pre) 2001 ]

Correct Answer: (a) (A) and (R) are true, and (R) is the correct explanation of (A).
Solution:Both, the statement (A) and Reason (R), are true, and (R) is the correct explanation of (A). According to Rule 184, after a discussion on a matter, voting shall take place, if the ruling Party gets fewer votes in its favour, then it may lose the ruling position.

About Rule 184

  • The procedure for taking up an issue under this Rule is similar to that of Rule 193, with one exception.
  • The issue is raised in the form of a motion. After the Minister's reply, the House votes on the motion.
  • Rule 184 allows MPs to move a motion in the Lok Sabha that involves voting on a specific issue.
  • When a motion is brought under Rule 184, it is considered a matter of significant importance and is debated and decided upon by the members through a voting process.
  • The Speaker can allow for such a matter to be raised at his own discretion.

24. Under Rule 377 of Rules and Procedure and Conduct of Business in Lok Sabha, the maximum number of matters that can be raised by Lok Sabha members in one day are- [R.A.S/R.T.S (Pre) 2018]

Correct Answer: (d) 15
Solution:Matters which are not points of order or which cannot be raised under the rules relating to Questions, short Notice Questions, calling Attention, Motions etc, can be raised under rule 377. Notice for raising a matter under rule 377 is to be given in writing and addressed to the Secretary-General, specifying clearly the text of the matter to be raised. No matter can be raised until the speaker has given his/her consent. As per the decision taken at a meeting of the speaker with Leaders of Parties. In 2015, the number of matters to be raised under Rule 377 has been increased from 20 to 30 per day to enable more members to raise their issues.

25. What is meaning of Guillotine in Parliamentary Procedure? [Chhattisgarh P.C.S. (Pre) 2017]

Correct Answer: (a) To stop the debate on the bill
Solution:Closure Motion-A motion moved by a member to cut short the debate on a matter before the House. There are four kinds of Closure Motions, Guillotine is one of them. In Guillotine, the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time (as the time allotted for the discussion is over).

26. With reference to Indian Polity, which one of the following statements is correct? [I.A.S. (Pre) 2002]

Correct Answer: (b) President can make ordinance only when either of the two Houses of Parliament is not in session
Solution:National Development Council is presided over by the Prime Minister of India. Thus it can not be constituted without the Prime Minister. Hence, option (d) is wrong. Under Article 123 of the Constitution, if at any time, except when both houses of parliament are in session, the president is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require. Thus option (b) is the correct answer.

27. Examine the following statements and choose the correct answer from the given options- [U.P.P.C.S. (Mains) 2007]

1. Right to Property is not a Fundamental Right now.

2. Rajya Sabha can stop a Financial Bill.

3. In the Preamble of Indian Constitution Secular and Democratic words were added by 42nd amendment of the Indian Constitution.

4. Any dispute of the Parliament can be resolved by the system of Speaker of the Lok Sabha.

Correct Answer: (a) 1 and 2
Solution:If the Finance Bill is not a Money Bill, Rajya Sabha can hold it like an ordinary Bill. However if the Finance Bill is a Money Bill, Rajya Sabha can stop it for 14 days only. Thus Rajya Sabha can stop the Financial Bill.

By the 42 Amendment Act, 1976 of the Constitution, the characterization of India as a "Sovereign Democratic Republic' in the Preamble was changed to "Sovereign Socialist Secular Democratic Republic." The word 'Unity of the Nation' was replaced by 'Unity and Integrity of the Nation' in The Preamble. Statement (3) is wrong. In the case of any disagreement in both the Houses of the Parliament. there is a provision of Joint Session. However, there is no such provision made under which a dispute of the Parliament can be resolved by the Speaker of the Lok Sabha.

By the 44 Amendment Act 1978, the Right to Property ceased to be a fundamental right and became a legal right(Article 300-A). Thus, option (a) is the correct answer.

28. The Secretariat of Parliament of India is- [M.P.P.C.S. (Pre) 2010]

Correct Answer: (c) Independent of the Government
Solution:The idea of a separate secretariat for the Parliament of India, independent of the Executive, was mooted as early as in January 1926 by the then President of the Central Legislative Assembly, Late Shri Vithalbhai J. Patel. Article 98 of the Constitution specifies that each House of Parliament shall have a separate secretariat, which is independent of the Government.

About Secretary-Generals

  • Appointment of Secretary-Generals: Two Secretary-Generals, one for Lok Sabha and the other for Rajya Sabha, are at the helm of the respective secretariats.
    ∗  The presiding officers of the two Houses have discretion in appointing the Secretary-General.
    ∗   For example, the Rajya Sabha recruitment order specifies that the Chairperson of Rajya Sabha shall make the appointment to the post of the Secretary-General. The order also empowers the presiding officer of Rajya Sabha to fill senior positions like that of Secretary/Additional Secretary by "persons of equivalent stature and experience from other sources on contract basis".
  • Roles of Secretary-Generals: Secretary-Generals aid and advise the presiding officers of the two Houses in discharging their constitutional and statutory responsibilities.
    ∗ The Parliamentary Pay Committee, in its 2009 report, described the role of the Secretary-General. The position of the Secretary-General has dual obligations:
  • Rendering advice to the Presiding Officer as well as the House on all matters relating to the running of the House and its Committees and
  • Being the Secretary-General of the Secretariat of the House.
    ∗ In the latter role, he acts as the head of the administration.
  • Position of Secretary-Generals: The position was earlier equivalent to the post of the Secretary of the Government of India.
    ∗ But considering its importance in 1990, the pay scale, position and status of the post of Secretary-General was made equivalent to that of the post of the Cabinet Secretary in the Government of India.

29. With reference to the post's in Secretariat of the Parliament, which of the following statement/s is/are correct? [U.P.P.C. (Pre.) 2023]

(1) Common posts may be created for the Secretariat of each House of Parliament.

(2) The Parliament has right to regulate the service conditions of Secretariat staff of either House of H.

Select the correct answer from the code given below:

Correct Answer: (d) Both (1) and (2)
Solution:According to the Article 98(1) of the Indian Constitution, Each House of Parliament shall have a separate secretarial staff. Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament and according to article 98(2) of the Indian constitution, Parliament may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of either House of Parliament. So, statement (1) and (2) both are correct. Hence, option (d) is the correct answer.

30. Sovereignty of Indian Parliament is restricted by- [U.P.P.C.S. (Mains) 2004]

Correct Answer: (b) Judicial review
Solution:The Parliament is the supreme legislative body, but the laws made by the legislature do not infringe upon the Basic Structure of the Constitution. The Supreme Court has the power of judicial review to check the validity of the laws made by the Parliament.
  • The doctrine of Judicial Review originated and developed in the USA.
  • In India, the Constitution itself confers the power of judicial review on both the Supreme Court and High Courts.
  • The Supreme Court has declared the power of judicial review as a 'Basic Feature' of the Constitution.
    ∗ Hence, it cannot be curtailed or excluded even by a Constitutional     Amendment Act