[Mission 2023] STATIC QUIZ, 16 March 2023 – Polity

Solution: c)

Article 190(4) of the Constitution, stipulates that the House may declare vacant the seat of a member who is absent for 60 days without permission.

Also, the Representation of the People Act, 1951, says any vacancy in the House has to be filled up through a by-election within six months of its occurrence.

During suspension, a member continues to hold office, but only loses their voice in the legislature.

Solution: d)

Article 63 of the Constitution states that “there shall be a Vice-President of India”. Under Article 64, the Vice-President “shall be ex officio Chairman of the Council of the States” (Rajya Sabha).

Article 65 says that “in the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President…enters upon his office”.

The Vice-President shall also discharge the functions of the President when the latter is unable to do so “owing to absence, illness or any other cause”.

During this period, the Vice-President shall “have all the powers and immunities of the President and be entitled to… (the) emoluments, allowances and privileges” that are due to the President. The office of the Vice-President of India is the second-highest constitutional office after that of the President, and ranks second in the order of precedence.

Article 66 lays down the process of the election of the Vice-President.

It says the Vice-President “shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot”.

In the system of proportional representation by means of the single transferable vote, the elector has to mark preferences against the names of the candidates.

Solution: a)

The legislation cannot be implemented without the rules being notified.

As per the Manual on Parliamentary Work, in case the Ministries/Departments are not able to frame the rules within the prescribed period of six months after a legislation is passed, “they should seek extension of time from the Committee on Subordinate Legislation stating reasons for such extension” which cannot be more than for three months at a time.

Solution: a)

Article 66(3) says “No person shall be eligible for election as Vice-President unless he — (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States”.

Solution: c)

Statement 1 and Statement 2 are not possible because these are motions that censure the government, and Rajya Sabha does not enjoy this power.

A no-confidence motion is a parliamentary motion which is moved in the Lok Sabha against the entire council of ministers, stating that they are no longer deemed fit to hold positions of responsibility due to their inadequacy in some respect or their failure to carry out their obligations.