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With reference to the procedures followed in the Indian Parliament, a starred question requires
Ans) C
Exp) Starred Question is one to which a member desires an oral answer from the Minister in the House and is required to be distinguished by him/her with an asterisk. Answer to such a question may be followed by supplementary questions by members.
Ans) C
Exp) Starred Question is one to which a member desires an oral answer from the Minister in the House and is required to be distinguished by him/her with an asterisk. Answer to such a question may be followed by supplementary questions by members.
With reference to the parliamentary privileges, consider the following statements:
1. A House has the power to punish a person, whether its member or outsider, for its contempt or breach of privilege.
2. The courts do not interfere with the working of a House on the ground of any irregularity or illegality of procedure.
3. A member has an absolute privilege in respect to what he says within the House but has only a qualified privilege if he causes the same to be published.
Which of the statements given above is/are correct?
Ans) B
Exp)
• Statement 1 is correct. A House has the power to punish a person, whether its member or outsider, for its 'contempt' or 'breach of privilege'. A House can impose the punishment of admonition, reprimand, suspension from the service of the House for the session, fine and imprisonment. This power to commit for contempt is truly described as the 'keystone of parliamentary privilege' for it is used by the House to protect its privileges, punish their violation, and vindicate its authority and dignity.
• Statement 2 is incorrect. Under Article 122(1), internal autonomy has been conferred on the House of Parliament in India. The validity of any proceedings in Parliament cannot be called in question on the ground of any alleged irregularity of procedure. However, the courts may scrutinize the proceeding of the House on the ground of illegality or unconstitutionality.
• Statement 3 is correct. In India, the freedom of speech in Parliament has been expressly safeguarded by Articles 105. It says: “Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.” The words “subject to the provisions of this Constitution” have been construed to mean subject to the provisions of the Constitution which regulate the procedure of Parliament. Thereby, it confers an absolute privilege on the member in respect of speech delivered by him in the House.
• However, a member who publishes outside Parliament a slanderous speech made by him within Parliament is not protected from a court's action. Such a published speech is protected only when the publication is done under parliamentary authority. Under Article 105(2), no person is to be liable to any proceedings in any court in respect of the publication of any report, paper, votes or proceeding by or under the authority of a House of Parliament. It is thus only a qualified privilege.
Ans) B
Exp)
• Statement 1 is correct. A House has the power to punish a person, whether its member or outsider, for its 'contempt' or 'breach of privilege'. A House can impose the punishment of admonition, reprimand, suspension from the service of the House for the session, fine and imprisonment. This power to commit for contempt is truly described as the 'keystone of parliamentary privilege' for it is used by the House to protect its privileges, punish their violation, and vindicate its authority and dignity.
• Statement 2 is incorrect. Under Article 122(1), internal autonomy has been conferred on the House of Parliament in India. The validity of any proceedings in Parliament cannot be called in question on the ground of any alleged irregularity of procedure. However, the courts may scrutinize the proceeding of the House on the ground of illegality or unconstitutionality.
• Statement 3 is correct. In India, the freedom of speech in Parliament has been expressly safeguarded by Articles 105. It says: “Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.” The words “subject to the provisions of this Constitution” have been construed to mean subject to the provisions of the Constitution which regulate the procedure of Parliament. Thereby, it confers an absolute privilege on the member in respect of speech delivered by him in the House.
• However, a member who publishes outside Parliament a slanderous speech made by him within Parliament is not protected from a court's action. Such a published speech is protected only when the publication is done under parliamentary authority. Under Article 105(2), no person is to be liable to any proceedings in any court in respect of the publication of any report, paper, votes or proceeding by or under the authority of a House of Parliament. It is thus only a qualified privilege.
With reference to the Private Members Bills, consider the following statements:
1. These can be put forward by the opposition as well as ruling party members.
2. It can be introduced in Parliament after giving a prior notice of two months.
3. The President cannot exercise his absolute veto against such bills.
Which of thestatements given above is/are correct?
Ans) C
Exp)
• The process of law-making begins with the introduction of a Bill in either House of Parliament. A Bill can be introduced either by a Minister or a member other than a Minister. In the former case, it is called a Government Bill and in the latter case, it is known as a Private Member's Bill.
• Absolute Veto refers to the power of the President to withhold his assent to a bill passed by the Parliament. The bill then ends and does not become an act. Usually, this veto is exercised in the following two cases:
• With respect to private members’ bills (ie, bills introduced by any member of Parliament who is not a minister); and
• With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.
Ans) C
Exp)
• The process of law-making begins with the introduction of a Bill in either House of Parliament. A Bill can be introduced either by a Minister or a member other than a Minister. In the former case, it is called a Government Bill and in the latter case, it is known as a Private Member's Bill.
• Absolute Veto refers to the power of the President to withhold his assent to a bill passed by the Parliament. The bill then ends and does not become an act. Usually, this veto is exercised in the following two cases:
• With respect to private members’ bills (ie, bills introduced by any member of Parliament who is not a minister); and
• With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.
Consider the following statements:
1. The presiding officer issues the notification for the prorogation of the sitting of the two Houses of the Parliament when the business of that sitting is completed.
2. The notification for prorogation not only terminates a sitting but also a session of the two Houses of the Parliament.
Which of the statements given above is/are correct?
Ans) B
Exp)
• The presiding officer (Speaker in case of the Lok Sabha or Chairman in case of the Rajya Sabha) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for the prorogation of the session. However, the President can also prorogue the House while in session. Hence, statement 1 is incorrect.
• Statement 2 is correct. The notification for prorogation not only terminates a sitting but also a session of the House.
• Adjournment sine die means terminating a sitting of Parliament for an indefinite period.The period spanning between the prorogation of a House and its reassembly in a new session is called ‘recess’.
Ans) B
Exp)
• The presiding officer (Speaker in case of the Lok Sabha or Chairman in case of the Rajya Sabha) declares the House adjourned sine die, when the business of a session is completed. Within the next few days, the President issues a notification for the prorogation of the session. However, the President can also prorogue the House while in session. Hence, statement 1 is incorrect.
• Statement 2 is correct. The notification for prorogation not only terminates a sitting but also a session of the House.
• Adjournment sine die means terminating a sitting of Parliament for an indefinite period.The period spanning between the prorogation of a House and its reassembly in a new session is called ‘recess’.
With reference to the Indian parliamentary system, which one of the following motions can be moved against an individual minister or a group of ministers or the entire council of ministers?
Ans) B
Exp)
• Censure Motion can be moved against an individual minister or a group of ministers or the entire council of ministers. A censure means an expression of strong disapproval or harsh criticism. A censure motion can be moved in lower house of the parliament or in a state assembly in India.
• No-Confidence Motion: The Council of Minister stays in office so long as it enjoys the confidence of the majority of the members of the Lok Sabha (Article 75). The Lok Sabha can remove the ministry from office by passing a no-confidence motion. The motion needs the support of 50 members to be admitted.
• Calling Attention Motion: It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. It is an Indian innovation in the parliamentary procedure and has been in existence since 1954. It is mentioned in the Rules of Procedure.
• Privilege Motion: It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister.
Ans) B
Exp)
• Censure Motion can be moved against an individual minister or a group of ministers or the entire council of ministers. A censure means an expression of strong disapproval or harsh criticism. A censure motion can be moved in lower house of the parliament or in a state assembly in India.
• No-Confidence Motion: The Council of Minister stays in office so long as it enjoys the confidence of the majority of the members of the Lok Sabha (Article 75). The Lok Sabha can remove the ministry from office by passing a no-confidence motion. The motion needs the support of 50 members to be admitted.
• Calling Attention Motion: It is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. It is an Indian innovation in the parliamentary procedure and has been in existence since 1954. It is mentioned in the Rules of Procedure.
• Privilege Motion: It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned minister.