The Parliament (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]

(a) Council of States
(b) House of People
(c) Punjab Legislative Assembly
(d) Rajasthan Legislative

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.

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]

(a) 10 days al Studies
(b) 14 days
(c) 30 days
(d) None of the above

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.

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

(a) Loses confidence in the Government.
(b) Absents himself for a long time.
(c) Withholds facts of a case or gives distorted versions of facts.
(d) Limit value.

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.

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?

(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1,2 and 3

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 ]

(a) President and Governor
(b) Union Parliament
(c) Supreme Court
(d) Union Public Service Commission
(e) Both (a & b)

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]

(a) Article 104
(b) Article 105
(d) Article 117
(c) Article 82

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.

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

(a) Freedom of debates and proceedings.
(b) The Rights to regulate the internal matters of the Parliament.
(c) Freedom from attendance as Witness.
(d) The privileges of excluding strangers from the house.

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]

(a) Article 127
(b) Article 122
(d) Article 139
(c) Article 126

Correct Answer: (b) Article 122

Solution:Under Article 122 of the Constitution, the Courts have been prohibited from inquiring into proceedings of the Parliament.

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]

(a) Elected members of the Lower House of the Parliament
(b) Elected members of the Upper House of the Parliament
(c) Elected members of the Upper House of the state Legislature
(d) Elected members of the Lower House of the state Legislature

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.

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

(a) (*)
(b) As the Vice-President is the ex-officio Chairman of the Rajya Sabha, only a member of the Rajya Sabha can contest for the office of the Vice-President.
(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.
(d) The Constitution of India explicitly prohibits the appointment of a nominated member of the Rajya Sabha to the post of minister.
(e) All the members of Council of States are elected by State Legislative Assemblies.

Correct Answer: (a) (*)

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.

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