The Parliament (Part-V)

31. Which one of the following statements is correct? [I.A.S. (Pre) 2003]

(a) Only the Rajya Sabha and not the Lok Sabha can have nominated members
(b) There is a Constitutional provision for nominating two members belonging to the Anglo-Indian community to the Rajya Sabha
(c) There is no Constitutional bar for nominated members to be appointed as a Union Minister
(d) A nominated member can vote both in the Presidential and Vice-Presidential elections
(e) Both (a) & (c)

Correct Answer: (e) Both (a) & (c)

Solution:Both House of Parliament had nominated members. 12 in Rajya Sabha and 2 in Lok Sabha (Anglo-Indian Community). (One Hundred and Fourth Amendment) Act Anglo Assemblies have not been extended beyond the stipulated date 25 January 2020.

therefore, the arrangements of nominating Anglo-Indian member in the Lok Sabha has ended. Article 54 states that election of the President shall be done by an Electoral College consisting of the Parliament and Legislative Assemblies of the State. Thud the nominated members are not eligible to vote for the lection of president but there is no bar for nominated members to be appointed as ministers. He must be a members of Parliament or must become a members within six months after the appointment as a ministers.

32. The Parliament of India has the 'Power to Legislate' for the following- [U.P.R.O/A.R.O. (Mains) 2021]

1. Union of India

2. Territory of India

3. Indian subject resident and their property situated anywhere in the world

Select the correct answer from the code given below-

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

Correct Answer: (d) 1,2 and 3

Solution:The parliament of India has the power to legislative for the union of India, the Territory of India and Indian subject/resident and their property situated anywhere in the world.

33. Parliament may legislate on any subject of State List when- [U.P.P.C.S. (Pre) 2012]

(a) There is assent of President
(b) Resolution thereof has been passed by State
(c) In any situation
(d) General permission of State Legislative Assembly has been received

Correct Answer: (b) Resolution thereof has been passed by State

Solution:The parliament of India has the power to legislative for the union of India, the Territory of India and Indian subject/resident and their property situated anywhere in the world.

34. Union Parliament may legislate on any subject of State List- [U.P.P.C.S. (Mains) 2005]

1. To Implement International Agreements

2. By consent of State

3. When Proclamation of Emergency is in operation

4. In national interest and after a resolution passed by Council of states with 2/3 majority.

Choose the correct option using codes given below:

(a) 1,2 and 3
(b) 2,3 and 4
(c) 1,2 and 4
(d) All of above

Correct Answer: (d) All of above

Solution:The parliament may legislate on any subject of the State List in all of the given situations. According to Article 253 to implement any international agreement, treaty or convention; according to Article 252- for two or more states by their consent; according to Article 249- in the national interest when a resolution has been passed by the Council of states by 2\3 majority and according to Article 357 when the proclamation of emergency is in operation. The option (d) is correct answer.

35. Under which article of the Indian Constitution, the Parliament can make laws on State List subject for giving effect to international agreements? [U.P.P.C.S. (Pre) 2016, U.P.P.C.S. (Mains) 2016, U.P.R.O/A.R.O. (Pre) 2021]

(a) Article-252
(b) Article-249
(c) Article-250
(d) Article-253

Correct Answer: (d) Article-253

Solution:The parliament may legislate on any subject of the State List in all of the given situations. According to Article 253 to implement any international agreement, treaty or convention; according to Article 252- for two or more states by their consent; according to Article 249- in the national interest when a resolution has been passed by the Council of states by 2\3 majority and according to Article 357 when the proclamation of emergency is in operation. The option (d) is correct answer.

36. The Indian Parliament cannot legislate on a subject of state-list unless- [U.P.P.C.S. (Mains) 2005]

1. The President of India directs it to do so.

2. The Rajya Sabha passes a resolution that it is necessary to do so in national interest.

3. The Speaker of the Vidhan Sabha certifies that the legislation is necessary.

4. There is a national emergency.

Considering the above statements, select the correct answer from the codes given below:

(a) 1,2 and 3
(b) 2, 3 and 4
(c) 1 and 3
(d) 2 and 4

Correct Answer: (d) 2 and 4

Solution:The parliament may legislate on any subject of the State List in all of the given situations. According to Article 253 to implement any international agreement, treaty or convention; according to Article 252- for two or more states by their consent; according to Article 249- in the national interest when a resolution has been passed by the Council of states by 2\3 majority and according to Article 357 when the proclamation of emergency is in operation. The option (d) is correct answer.

37. The Parliament can make law for the whole or any part 40 of India for implementing International Treaties- [U.P.P.C.S. (Pre) 2006, I.A.S. (Pre) 2000, 2013]

(a) With the consent of all the states
(b) With the consent of majority of states
(c) With the consent of the states concerned
(d) Without the consent of any state

Correct Answer: (d) Without the consent of any state

Solution:Article 253 empowers the Parliament to legislate on matters of State List without its permission or consent if the implementation of any treaty, agreement or convention with any other country or countries, or any decision made at any international conference, association or another body, is to be done.

38. Who can legislate on the subjects which are not included in any of the lists of subjects given in the Constitution? [U.P.P.C.S. (Pre) (Re. Exam) 2015]

(a) Supreme Court
(c) State Legislature
(b) Parliament
(d) Regional Councils

Correct Answer: (b) Parliament

Solution:Article 248 of the Indian Constitution provides residual legislative powers to the Parliament. According to Article 248, the Parliament has exclusive power to make any law on any matter not enumerated in the State or Concurrent List.

39. Under which Article(s), the Speaker can allow any member of the House to speak in his/her mother tongue? [69th B.P.S.C. (Pre) 2023]

(a) Article 110 (1)
(b) Article 122 (2)
(c) Article 120 (1)
(d) Both (A) and (B)

Correct Answer: (c) Article 120 (1)

Solution:Article 120 (of the Constitution of India)

(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:

Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother tongue.

40. The Speaker can ask a member of the House to stop speaking and let another member speak. This phenomenon is known as: [I.A.S. (Pre) 2000]

(a) Decorum
(b) Crossing the floor
(c) Interpellation
(d) Yielding the floor

Correct Answer: (d) Yielding the floor

Solution:To maintain the highest tradition of the Parliamentary System and proper functioning of the Parliamentary Democracy, it is essential for the members of the Parliament to observe a certain standard of conduct, both inside the House as well as outside the house. Their behaviour should enhance the dignity of Parliament and its members in general. Phenomenons given in options, are described as under-

1. While the House is sitting, every member should enter and leave the chamber with decorum and in such a manner as not to disturb the proceedings of the House.

2. A member is not to "cross the floor," i.e. pass between the chair and another member while the latter is speaking. A member is not to leave the chamber when the Speaker is addressing the House. Every member has to resume his seat as soon as the Speaker rises to speak or calls out "order".

3. Interpellation is a Parliamentary procedure of demanding that a Government official explains some Act or policy.

4. The speaker can stop a member of Parliament from speaking and let another member speak. This phenomenon is known as yielding the floor.