[Mission 2022] QUIZ – 2022: INSIGHTS STATIC QUIZ, 22 January 2022 – Polity

Solution: a)

“The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit…” says Article 174 of the Constitution. The provision also puts on the Governor the responsibility of ensuring that the House is summoned at least once every six months.

Although it is the Governor’s prerogative to summon the House, according to Article 163, the Governor is required to act on the “aid and advice” of the Cabinet. So when the Governor summons the House under Article 174, this is not of his or her own will but on the aid and advice of the Cabinet.

There are a few instances where the Governor can summon the House despite the refusal of the Chief Minister who heads the Cabinet. When the Chief Minister appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the Chief Minister, then the Governor can decide on his or her own on summoning the House.

But the actions of the Governor, when using his discretionary powers can be challenged in court.

Solution: d)

During National Emergency, the duration of Lok Sabha can be extended to a maximum of 1 year at a time by passing a law in the parliament. The term of 5th Lok Sabha was extended twice by passing House of the People (extension of duration) Act, 1976. However, this extension cannot continue beyond a period of six months after the Emergency ceases to operate.

However, the same is not applicable for financial emergency.

Solution: c)

Arguments against having a second house:

• Rather than fulfilling the lofty objective of getting intellectuals into the legislature, the forum is likely to be used to accommodate party functionaries who fail to get elected.
• Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack the constitutional mandate to do so. Legislative Assemblies have the power to override suggestions/amendments made to a legislation by the Council.
• While Rajya Sabha MPs can vote in the election of the President and Vice-President, members of Legislative Councils can’t. MLCs also can’t vote in the elections of Rajya Sabha members.

As regards Money bills, only fourteen days’ delay can be caused by the Council, which is more or less a formality rather than a barrier in the way of Money Bill passed by the Assembly.

Solution: a)

High court can interpret the Constitution while reviewing any law or order passed by the government.

Solution: d)

The term Leader of the House has been defined in Rules of Procedure of the Lok Sabha and the Rajya Sabha.

Leader of the House, according to Rule 2 of the Rules of Procedure and Conduct of Business in the Lok Sabha means the prime Minister, if he is a Member of the House or a Minister who is a Member of the House and is nominated by the Prime Minister to function as the Leader of the House.

The Prime Minister is invariably the Leader of the Lok Sabha.

The Leader of the Lok Sabha. viz., Prime Minister, never sits in the Business advisory Committee; he or she is represented by the Minister for Parliamentary Affairs in the Business Advisory Committee. The Leader of the House in the Rajya Sabha is generally a member of the Business Advisory Committee (BAC). In the event, he is not a member of the BAC, he is invited to attend its meetings.