Insights Static Quiz -393, 2019–Polity

Solution: a)

Statement 1: The Constitution is clear on this. Only the Speaker has the discretion to decide whether the resignations were voluntary or genuine. No other constitutional authority can decide this.

Statement 2: Invariably Speaker come from ruling parties (Somnath Chatterjee being the Speaker in UPA-I was an exception).

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            Solution: d)

The Leader of Opposition is leader of the largest party that has not less than one-tenth of the total strength of the house.

It is a statutory post defined in the Salaries and Allowances of Leaders of Opposition in Parliament Act, 1977.

LoP plays a crucial role in bringing bipartisanship and neutrality to the appointments in institutions of accountability and transparency – CVC, CBI, CIC, Lokpal etc.

India did not have a Leader of Opposition till 1969. In the first three Lok Sabha elections, the Congress-led by Pandit Jawaharlal Nehru had an overarching influence. Nehru’s Congress won 1951-52, 1957 and 1962 Lok Sabha elections with an overwhelming majority and the main Opposition parties consistently failed to win 10 per cent of the seats.

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Solution: c)

Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”. When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.

A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.

A member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof. The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.

The Speaker/RS chairperson is the first level of scrutiny of a privilege motion. The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.

Solution: c)

Like the Directive Principles, the fundamental duties are also non-justiciable. The Constitution does not provide for their direct enforcement by the courts. Moreover, there is not legal sanction against their violation. However, the Parliament is free to enforce them by suitable legislation.

The Fundamental Duties are confined to citizens only and do not extend to foreigners.

Solution: b)

Organizing the All India Whips Conference is one of the functions assigned to the Ministry of Parliamentary affairs, under Government of India (Allocation of Business) Rules, 1961 made under article 77(3) of the Constitution.