The Union Legislature/The Union Parliament

universal adult franchise

Reason — The members of the Lok Sabha are directly elected by the people on the principle of Universal Adult Franchise, which gives every citizen aged 18 years and above the right to vote, irrespective of caste, creed, colour, gender, or economic status. This establishes a true democracy.

is dissolved after every 5 years

Reason — The Lok Sabha has a normal term of five years, after which it is dissolved and fresh elections are held. However, it may be dissolved earlier by the President on the advice of the Prime Minister, and during a National Emergency, its term can be extended by Parliament for one year at a time.

not being a graduate

Reason — A member of Parliament is disqualified if he holds an office of profit, is of unsound mind, is an undischarged insolvent, has ceased to be a citizen of India or has been disqualified under any law made by the Indian Parliament. No educational qualification, such as being a graduate, is prescribed for membership of the Parliament.

The Vice President of India is elected by both the Houses of the Parliament.

Reason — As part of the electoral functions of the Parliament, the Vice-President of India is elected by both the Houses of the Parliament. The other statements are incorrect as the Vice President of India is the ex-officio Chairman of the Rajya Sabha, a national emergency is proclaimed by the President and the Rajya Sabha can decide to set up a new All India Service by a 2/3rd majority.

Speaker of Lok Sabha

Reason — Under his disciplinary powers, the Speaker maintains order and decorum in the House. He can suspend a member in case of misconduct.

becomes a non-party man

Reason — The Speaker is the impartial presiding officer of the Lok Sabha. After his election, the Speaker rises above party considerations and becomes a non-party man.

(R) is the reason for (A)

Explanation — After being passed in the Lok Sabha, a Money Bill is sent to the Rajya Sabha which can, at the most, delay it for 14 days. After the expiry of the period, it is deemed to have been passed by the Rajya Sabha. Hence, the Rajya Sabha has almost no powers over a Money Bill.

The Government is unable to introduce the Bill because the Speaker adjourns the House.

Reason — The quorum for the House is one-tenth of its total membership, i.e., at least 55 members should be present. But in the given case, the quorum requirement is not met so the House cannot conduct its proceedings and pass bills. So, the Speaker will adjourn the House until there is a requisite quorum.

Every ordinance needs to be approved by both houses of the Parliament to become law.

Reason — When the Houses reassemble, the Ordinance should be approved by them within six weeks from the date of their reassembly, otherwise it lapses.

P and R

Reason — A Money Bill can be introduced only in the Lok Sabha, and a motion of No-Confidence, which can vote the Government out of power, can be introduced and passed only in the Lok Sabha. An ordinary Bill can be passed by either House and impeachment of the President can be initiated in either House, so these are not exclusive powers of the Lok Sabha.

He was nominated by the President.

Reason — The President of India can nominate 12 people to the Rajya Sabha who have special knowledge or practical experience in matters such as literature, science, art, and social service.

Winter Session

Reason — Normally, there are three sessions of the Parliament held in a year — the Budget Session (February-May), the Monsoon Session (July-September) and the Winter Session (November-December).

Q and R

Reason — A Money Bill can originate only in the Lok Sabha and the Rajya Sabha can, at the most, delay it for 14 days. A motion of No-Confidence against the Union Government can be introduced and passed only in the Lok Sabha. An ordinary Bill can originate in either House and impeachment can be initiated in either House, so P and S do not show the superiority of the Lok Sabha.

(B) is the reason for (A)

Explanation — The Union Parliament is the custodian of the National Purse. Neither a pie can be spent on any item, nor a paisa can be collected by way of taxes without the prior approval of the Parliament. As the Parliament is empowered to vote a cut in the Budget or to reject it as a whole, it controls the finance of the country. Hence, (B) is the reason for (A).

P and R

Explanation — The Rajya Sabha has the exclusive power to declare the creation of new All India Services in accordance with national interest. Also, it is a permanent house and cannot be dissolved as each member is elected for a period of six years, which means that one-third of the total members retire after every two years.

The Parliament

Reason — The Central Government took an important political and constitutional step on August 5, 2019 by abrogating Article 370 and bifurcating Jammu and Kashmir into two separate Union Territories (UTs), i.e., Jammu and Kashmir with a Legislative Assembly and Ladakh without a Legislative Assembly.

No Confidence Motion

Reason — In a Parliamentary set-up, the Council of Ministers works till it enjoys the confidence of the Legislature. If a successful motion of No-Confidence is passed in the Lok Sabha, the Council of Ministers has to resign. Hence, on concluding that the ruling party has lost majority, the Leader of the Opposition will move a No Confidence Motion.

U

Reason — To seek election to the Lok Sabha, a person must be at least 25 years old, should not be of unsound mind and should not be an undischarged insolvent. Further, a person convicted and sentenced to imprisonment for not less than two years is disqualified. S is an undischarged insolvent, T is of unsound mind and V has been sentenced to imprisonment for 2 years. Hence, only U, a 36-year-old industrialist, fulfils the eligibility criteria.

35 members

Reason — As per rule, 1/10 of the total membership of each House constitutes the quorum. Hence, for a House of 350 members, the quorum will be 35 members.

Adjournment Motion

Reason — Daily business of the House is programmed well in advance. But if a question of immense public importance crops up, the members can demand adjournment of the discussion on slated business and discuss that matter immediately.

238

Reason — The maximum strength of the Rajya Sabha can be 250 members. Of these, 238 are elected by the States of the Union and 12 members are nominated by the President.

X

Explanation — A member of the Rajya Sabha must be a citizen of India and should be at least 30 years of age. He should not be an undischarged insolvent and should not have ceased to be a citizen of India. Only X, aged 45, fulfils all these conditions.

adjourn the house for lack of discipline.

Explanation — It is the duty of the Speaker to maintain order and discipline in the Lok Sabha. He can adjourn the House for lack of discipline.

the House will discuss a matter of urgent public importance.

Reason — An Adjournment Motion is passed by the Lok Sabha to discuss a matter of urgent public importance. Such a Motion leads to the interruption of the normal business of the House.

The maximum strength of the Lok Sabha, as provided by the Constitution, is 550.

Members of the Lok Sabha are directly elected by the people through Universal Adult Franchise. Every citizen of India who is 18 years of age or above has the right to vote. The elections are held by secret ballot, which enables voters to cast their votes without fear or political pressure.

The representatives of each State in the Rajya Sabha are elected by the elected members of the State Legislative Assembly in accordance with the system of proportional representation by means of the single transferable vote

The Parliament must have its next session by the end of August, i.e., within six months. This is because there cannot be a gap of more than six months between two consecutive sessions.

Three exclusive powers of the Lok Sabha are as follows:

1. Motions of No-Confidence against the government can only be introduced and passed in the Lok Sabha, and not the Rajya Sabha.
2. Money Bills can only be introduced in the Lok Sabha, and upon being passed, are sent to the Rajya Sabha, where it can be deliberated on for upto 14 days.
3. In case of a deadlock between the two Houses over an ordinary bill, the will of the Lok Sabha normally prevails, as its strength is more than double that of Rajya Sabha.

Three ways in which Parliament exercises control over the Executive are given below:

1. Interpellation during Question Hour
2. By passing Vote of No-confidence
3. Through Monetary Controls

In the case of a deadlock between the two Houses over a Non-Money bill, it is to be resolved in a joint session of the Houses with the Speaker of the Lok Sabha in the chair.

If a Money Bill, passed by the Lok Sabha, is not returned by the Rajya Sabha within 14 days, it is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.

If the President does not wish to sign a Non-Money Bill passed by Parliament, he may withhold his assent or return the Bill for reconsideration. If the Bill is passed again by both Houses, with or without amendments, the President must give his assent.

The first hour of every sitting of the House is reserved for asking questions to the Government. This period is called the Question Hour. Members may ask questions relating to the administration and policies of the Government, and the Ministers are obliged to answer them.

The period during which the House meets to conduct its business is called a session. The President summons the sessions of each House of Parliament. Normally, there are three sessions of Parliament in a year—the Budget Session (February–May), Monsoon Session (July–September) and Winter Session (November–December).

Mr. Kaushal can be a member of the Lok Sabha because a person seeking election to the Lok Sabha must be at least 25 years old, whereas a candidate for the Rajya Sabha must be at least 30 years old. Since Mr. Kaushal is 26 years old, he is eligible only for the Lok Sabha.

The Speaker of the Lok Sabha has the right to allow or disallow an Adjournment motion.

An Adjournment Motion means a proposal to lay aside all other business and take up a 'definite matter of urgent importance'. Such a motion leads to the interruption of normal business of the House.

Two powers of the Prime Minister with reference to the President are:

1. It is on the advice of the Prime Minister that the President summons and prorogues the Parliament and dissolves the Lok Sabha.
2. The PM advises the President on various appointments to important posts such as the Judges of the Supreme Court, the Governors and Ambassadors.

If the resolution is passed with majority in the Lok Sabha, the Speaker will have to vacate the office.

In the above case, the resolution would not have passed as the Opposition (Congress) lacked majority.

The Speaker of the Lok Sabha can suspend the members from the Lok Sabha.
One probable circumstance for suspension is lack of discipline.

(a) The maximum strength of the Lok Sabha, as provided by the Constitution, is 550 members. At present, the strength is 543 members.

(b) In order to seek election to the Lok Sabha, a person must possess the following qualifications:

1. He should be a citizen of India.
2. He should be at least 25 years old.
3. He should not be disqualified under any law made by Parliament.
4. He should have his name in the electoral rolls in any part of the country.
5. He or she should possess such other qualifications as may be specified by Parliament from time to time.
6. He should not hold any office of profit under the State or Central Government.
7. He should not be of unsound mind.
8. He should not be an undischarged insolvent, i.e he should not be in debt.

(c) The Speaker of the Lok Sabha presides over the meetings of the Lok Sabha.

(a) The representatives of each State in the Council of States (or Rajya Sabha) are elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of a single transferable vote for a period of six years. Union Territories having a Legislative Assembly (Delhi, Puducherry, Jammu & Kashmir) also elect members to the Rajya Sabha in the same manner. In addition, twelve members are nominated by the President from amongst men of repute in various spheres of life, e.g., Science, Art, Literature and Social Service.

(b) The Rajya Sabha is called a Permanent House because it cannot be dissolved like the Lok Sabha. Each member of the Rajya Sabha is elected for a period of six years. One-third of the total members of the House retire after every two years, so that the House never ceases to exist as a whole.

(c) FINANCIAL POWERS OF THE INDIAN PARLIAMENT

Two financial powers of the Indian Parliament are:

1. Annual Budget: The Statement of the sources of income and the items of expenditure for the coming year, popularly called the Budget, is presented in the Parliament by the Union Minister for Finance with the prior approval of the President. The Parliament is empowered to vote a cut in the Budget or to reject it as a whole.
2. Salary and Allowances of the Members of Parliament: It is the privilege of the Parliament to decide the salaries and allowances of its own members and also those of the Ministers and the Chief Justices and Judges of the Supreme Court and the High Courts.

LEGISLATIVE POWERS OF THE INDIAN PARLIAMENT

Two legislative powers of the Indian Parliament are:

1. The Parliament is the law-making body at the central level. It frames new laws and amends or repeals them, if necessary, on all the 97 Subjects of the Union List and all the Residuary Subjects which have not found a place in any of the lists.
2. As far as the 47 Subjects in the Concurrent List are concerned, both the Parliament and the State Legislatures have got the right to make laws. But if any State Law comes into conflict with the Central Law, the Central Law shall prevail.

(a) Three qualifications required to contest elections for the Lok Sabha are:

1. He should be a citizen of India.
2. He should be at least 25 years old.
3. He should have his name in the electoral rolls in any part of the country.

(b) Three legislative powers of the Union Parliament are:

1. The Parliament is the law-making body at the central level. It frames new laws and amends or repeals them, if necessary, on all the 97 Subjects of the Union List and all the Residuary Subjects which have not found a place in any of the lists.
2. As far as the 47 Subjects in the Concurrent List are concerned, both the Parliament and the State Legislatures have got the right to make laws. But if any State Law comes into conflict with the Central Law, the Central Law shall prevail.
3. All ordinances issued by the President must be approved by Parliament within six weeks after its session has begun, failing which an ordinance lapses.

(c) The Parliament exercises control over the Executive in the following ways:

1. Question Hour: An hour a day in the daily routine of the Parliament, when in session, is reserved for asking questions from the Government. The members can ask any questions relating to the administration and policies and the Ministers are obliged to answer them.
2. Vote of No-Confidence: The Council of Ministers remains in office only so long as it enjoys the confidence of the Lok Sabha. If a No-Confidence Motion is passed, the Council of Ministers must resign.
3. Other Motions of Censure: The Parliament exercises its control over the Government by a number of other motions also which, if passed, amount to no-confidence. They include adjournment motions, motions of censure against a minister or ministers, rejection of a Government Bill and passing of a private member's bill against the wishes of the Government.
4. Monetary Controls: The Parliament can hold the strings of the Government tight by voting a cut in the annual or supplementary budget or a cut in the salaries of the Ministers. It also appoints the Public Accounts Committee to examine the mode of government expenditure.

(i) Three ways in which the Legislature controls the Executive are:

1. Interpellation: The Question Hour, Calling Attention Notices and Half-an-Hour Discussion are some of the devices to seek information from the government about its policies and performance.
   For example - The first hour of a sitting in both Houses is allotted for asking and answering of questions related to matters of public importance or to highlight a grievance. It is a valuable device against injustice and slackness of the government.

2. Vote of No-confidence: If a Government acts against the Constitutional provisions, it can be voted out of office by passing a vote of no-confidence against the Prime Minister, or the Ministry as a whole or any of its members. In such a case, the whole Ministry has to resign.

3. Monetary Controls: During the budget session a cut motion may be moved. Parliamentary Committee on Public Accounts ensures that public money is spent in accordance with Parliament's decision. It examines reports of the Comptroller and Auditor-General of India.

(ii) The Speaker of the Lok Sabha is elected from among its own members soon after the newly elected House meets for the first time. The previous Speaker does not vacate his/her office till a new speaker is elected by the new Lok Sabha in its first meeting. The Speaker is elected for a period of five years, and can seek re-election for any number of times, if he/she is elected as a member of the Lok Sabha.

(iii) The Union Parliament has following four financial powers:

1. Passing the Union Budget — The Parliament has the power to pass the annual Union Budget.
2. Making Supplementary Grants — If the amount authorized by the budget is insufficient, the Parliament can make supplementary grants.
3. Vote on Account — If the Budget is not passed before April, then there would be no money for the executive to spend. To provide money to the executive for day-to-day expenditure till the passage of the budget, a “Vote on Account” is passed.
4. Salaries — The salaries and allowances of MPs and Ministers are determined by Parliament.

(a) The presiding officer of the Lok Sabha is the Speaker. The Speaker presides over the meetings of the House and maintains order and decorum during its proceedings.

(b) The Lok Sabha has a maximum strength of 550 members, who are directly elected by the people on the basis of Universal Adult Franchise.
The Rajya Sabha has a maximum strength of 250 members. Its elected members are indirectly elected by the elected members of the State Legislative Assemblies, while 12 members are nominated by the President.
Thus, the Lok Sabha represents the people directly, while the Rajya Sabha represents the States, ensuring representative democracy at both levels.

(c) The Lok Sabha is significant because it controls the Executive and has greater power in financial matters. The Council of Ministers is collectively responsible to the Lok Sabha, and a Money Bill can be introduced only in this House.

Example: The Lok Sabha can pass a No-Confidence Motion against the Government. If passed, the Council of Ministers must resign, ensuring that the Government remains accountable to the elected representatives of the people.