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Question 1 of 5
1. Question
Consider the following statements.
- Parliament may, by law, regulate any matter relating to or connected with the election the President or Vice-President.
- All doubts and disputes arising out of the election of a President or Vice-President shall be inquired into and decided by the Election Commission of India and whose decision shall be final.
Which of the above statements is/are incorrect?
Correct
Solution: b)
Article 71 of the Constitution provides that disputes arising out of the election of the President or Vice-President shall be decided by the Supreme Court. The same article provides that matters relating to their election shall be regulated by a parliamentary law.
Incorrect
Solution: b)
Article 71 of the Constitution provides that disputes arising out of the election of the President or Vice-President shall be decided by the Supreme Court. The same article provides that matters relating to their election shall be regulated by a parliamentary law.
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Question 2 of 5
2. Question
Consider the following statements regarding the Legislative Powers of the President.
- He can send messages to the Houses of Parliament with respect to a bill pending in the Parliament.
- He decides on questions as to disqualifications of members of the Parliament, in consultation with the Prime Minister.
- In the case of Puducherry, the President can legislate by making regulations but only when the assembly is suspended or dissolved.
Which of the above statements is/are correct?
Correct
Solution: b)
The President is an integral part of the Parliament of India, and enjoys the following legislative powers.
He can send messages to the Houses of Parliament, whether with respect to a bill pending in the Parliament or otherwise.
- He decides on questions as to disqualifications of members of the Parliament, in consultation with the Election Commission.
• He can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved.
Incorrect
Solution: b)
The President is an integral part of the Parliament of India, and enjoys the following legislative powers.
He can send messages to the Houses of Parliament, whether with respect to a bill pending in the Parliament or otherwise.
- He decides on questions as to disqualifications of members of the Parliament, in consultation with the Election Commission.
• He can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved.
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Question 3 of 5
3. Question
Consider the following statements.
- The Constitution does not contain any procedure for the selection and appointment of the Prime Minister.
- Sometimes, the President can exercise his/her personal discretion in the selection and appointment of the Prime Minister.
Which of the above statements is/are correct?
Correct
Solution: c)
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. But, when no party has a clear majority in the Lok Sabha, then the President may exercise his personal discretion in the selection and appointment of the Prime Minister. In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month.
There is also one more situation when the president may have to exercise his individual judgement in the selection and appointment of the Prime Minister, that is, when the Prime Minister in office dies suddenly and there is no obvious successor.
Incorrect
Solution: c)
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. But, when no party has a clear majority in the Lok Sabha, then the President may exercise his personal discretion in the selection and appointment of the Prime Minister. In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month.
There is also one more situation when the president may have to exercise his individual judgement in the selection and appointment of the Prime Minister, that is, when the Prime Minister in office dies suddenly and there is no obvious successor.
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Question 4 of 5
4. Question
Consider the following statements regarding Speaker in India.
- Speaker is provided with a security of tenure.
- There is a convention that the Speaker has to resign from his party and remain politically neutral.
- His salaries and allowances are fixed by Parliament.
Which of the above statements is/are correct?
Correct
Solution: c)
The following provisions ensure the independence and impartiality of the office of the Speaker:
- He is provided with a security of tenure. He can be removed only by a resolution passed by the Lok Sabha by a special majority and not by an ordinary majority. This motion of removal can be considered and discussed only when it has the support of at least 50 members.
- His salaries and allowances are fixed by Parliament. They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.
- His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion.
- His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.
- He cannot vote in the first instance. He can only exercise a casting vote in the event of a tie. This makes the position of Speaker impartial.
- He is given a very high position in the order of precedence. He is placed along with the Chief Justice of India. This means, he has a higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister.
In Britain, the Speaker is strictly a non-party man. There is a convention that the Speaker has to resign from his party and remain politically neutral.
This healthy convention is not fully established in India where the Speaker does not resign from the membership of his party on his election to the exalted office.
Incorrect
Solution: c)
The following provisions ensure the independence and impartiality of the office of the Speaker:
- He is provided with a security of tenure. He can be removed only by a resolution passed by the Lok Sabha by a special majority and not by an ordinary majority. This motion of removal can be considered and discussed only when it has the support of at least 50 members.
- His salaries and allowances are fixed by Parliament. They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.
- His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion.
- His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.
- He cannot vote in the first instance. He can only exercise a casting vote in the event of a tie. This makes the position of Speaker impartial.
- He is given a very high position in the order of precedence. He is placed along with the Chief Justice of India. This means, he has a higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister.
In Britain, the Speaker is strictly a non-party man. There is a convention that the Speaker has to resign from his party and remain politically neutral.
This healthy convention is not fully established in India where the Speaker does not resign from the membership of his party on his election to the exalted office.
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Question 5 of 5
5. Question
Consider the following statements regarding Adjournment of the house.
- An adjournment means the termination of a session of the House by an order made by the President.
- It does not affect the bills or any other business pending before the House.
Which of the above statements is/are correct?
Correct
Solution: b)
Adjournment:
- An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. In this case, the time of reassembly is specified.
- An adjournment only terminates a sitting and not a session of the House.
- The power of adjournment lies with the presiding officer of the House.
- It does not affect the bills or any other business pending before the House and the same can be resumed when the House meets again.
Prorogation
- Prorogation means the termination of a session of the House by an order made by the President under article 85(2)(a) of the Constitution. Prorogation terminates both the sitting and session of the House.
Incorrect
Solution: b)
Adjournment:
- An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. In this case, the time of reassembly is specified.
- An adjournment only terminates a sitting and not a session of the House.
- The power of adjournment lies with the presiding officer of the House.
- It does not affect the bills or any other business pending before the House and the same can be resumed when the House meets again.
Prorogation
- Prorogation means the termination of a session of the House by an order made by the President under article 85(2)(a) of the Constitution. Prorogation terminates both the sitting and session of the House.
