QUIZ – 2020: INSIGHTS STATIC , 21 May 2021 – Polity

Solution: a)

Article 100 of the constitution says that all questions in a sitting of the House shall be determined by a majority of votes of the members present and voting. This Article clearly says that majority will be determined by means of voting. The constitution does not mention voice vote. Nevertheless, this is done in the ordinary situations, but when a member demands a vote, the chair has to allow it. The majority cannot be precisely determined by a voice vote. That is why the Rules of the House provide for actual voting.

Solution: b)

PM resigns, if he loses the majority in the house is a convention and not mentioned in the constitution.

The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the president. However, this does not imply that the president is free to appoint any one as the Prime Minister. In accordance with the conventions of the parliamentary system of government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.

Solution: c)

The Speaker may invoke Rule 374A in case of “grave disorder occasioned by a member coming into the well of the House or abusing the Rules of the House, persistently and wilfully obstructing its business by shouting slogans or otherwise…”. The member concerned, “on being named by the Speaker, stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less”.  This clause was incorporated in the Rule Book on December 5, 2001. Obviously, the intention was to skirt around the necessity of moving and adopting a motion for suspension.

While the Speaker is empowered to place a member under suspension, the authority for revocation of this order is not vested in her. It is for the House, if it so desires, to resolve on a motion to revoke the suspension.

The Chairman of the Rajya Sabha may “name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business. In such a situation, the House may adopt a motion suspending the member from the service of the House for a period not exceeding the remainder of the session. The House may, however, by another motion, terminate the suspension. Unlike the Speaker, the Rajya Sabha Chairman does not have the power to suspend a member.

Solution: c)

Adjournment Motion It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. The discussion on an adjournment motion should last for not less than two hours and thirty minutes.

Solution: b)

The Supreme Court has ruled that the states are not bound to provide reservation in appointments and promotions and that there is no fundamental right to reservation in promotions.

Articles 16 (4) and 16 (4-A) of the Constitution does not confer individuals with a fundamental right to claim reservation in promotion. It only

empowers the State to make a reservation in matters of appointment

and promotion in favour of the Scheduled Castes and the Scheduled Tribes, only if in the opinion of the State they are not adequately represented in the services of the State.

Article 335 recognizes that special measures need to be adopted for considering the claims of SCs and STs in order to bring them to a level-playing field.