[Mission 2023] STATIC QUIZ, 15 February 2023 – Polity

Solution: c)

Only elected members of both Houses of Parliament and of the State Legislative Assemblies are members of the Electoral College for Presidential Election. Therefore, nominated members cannot vote in this election.

In 1985 the Tenth Schedule, popularly known as the anti-defection law, was added to the Constitution.

The law specifies the circumstances under which changing of political parties by MPs invite action under the law. The law covers three types of scenarios with respect to an MP switching parties.

• The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House contrary to the wishes of the party.
• The second possibility is when an MP who has won his or her seat as an independent candidate after the election joins a political party. In both these instances, the MP lose the seat in the House on changing (or joining) a party.

The third scenario relates to nominated MPs. In their case, the law specifies that within six months of being nominated to the House, they can choose to join a political party.

Solution: d)

How is President’s rule imposed in a state?

Article 356 of the Constitution of India gives the President of India the power to impose this rule on a state on the advice of the Union Council of Ministers. There are some conditions that the President has to consider before imposing the rule:

1. a) If the President is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

1. b) The state government is unable to elect a leader as chief minister within a time prescribed by the Governor of that state.

1. c) There’s a breakdown of a coalition leading to the chief minister having a minority support in the House, and the CM fails to prove majority in the given period of time.

1. d) Loss of majority in the Assembly due to a vote of no-confidence in the House.

e) Elections postponed on account of situations like natural disasters, war or epidemic.

Solution: c)

Article 267 of the Constitution mandates formation of a corpus under Contingency Fund of India to deal with any emergency situation.

It is placed at the disposal of the President, who releases the funds on request of the Union Cabinet at a time when there is a crisis, such as a natural disaster.

Any expenditure incurred from this fund requires a subsequent authorisation from the Parliament. And the corpus has to be replenished with the same amount later.

The Union finance ministry holds the fund on behalf of the President. And the fund size is enhanced from time to time by the government. In 2005, the corpus of the fund was raised from Rs 5 crore to Rs 500 crore.

The government enhanced the Contingency Fund of India from Rs 500 crore to Rs 30,000 crore through the Finance Bill 2021.

The fund can be increased through a Finance Bill when the Parliament is in the session. Or through Ordnance if the House is not in session and situation warrants. Withdrawal from the fund takes place with the approval of the Secretary of Department of Economic Affairs, in terms of the Contingency Fund of India Act, 1950.

Solution: b)

Private member’s Bill:

• Any MP who is not a Minister is referred to as a private member.
• The admissibility is decided by the Chairman for Rajya Sabha and Speaker in the case of Lok Sabha.

The procedure is roughly the same for both Houses:

• The Member must give at least a month’s notice before the Bill can be listed for introduction.
• The House secretariat examines it for compliance with constitutional provisions and rules on legislation before listing.
• While government Bills can be introduced and discussed on any day, private member’s Bills can be introduced and discussed only on Fridays.

Solution: a)

The President can exercise these powers:

• In all cases where the punishment or sentence is by a court martial;
• In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
• In all cases where the sentence is a sentence of death.

This power of pardon shall be exercised by the President on the advice of Council of Ministers.

The constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.

But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.