08. Parliament

Parliament constitutes of

1. President

2. LS

3. RS

Order of precedence

1. Pres

2. Vice Pres

3. PM

4. Governors of states within their states

5. Former presidents

5A. deputy PM

6. CJI, speaker

7. Cabinet ministers of Union, CMs in their states, Former PM, LoOpposition

7A. Holders of Bharat ratna

8. Governors, CMs (outside their state) Ambassadors, high commissioners of commonwealth accredited to india

9. Judges of SC

9A. Chaiperson of UPSC, CAG, CEC

10. Deputy chairman, deputy speaker, Union minister of state

Rajya Sabha

1. Max members

2. Present members - States+UTs+nomination

3. Which UTs have RS

4. Electoral College of States

5. Electoral College of UTs

6. Duration of House

7. Duration of member - Consti/statutory?

1. 250

2. 245 = 229 +4 + 12

3. Delhi,Puducherry, J&K

4. Elected MLAs of states

5. Elected MLAs of Delhi, Puducherry, J&K

6. Continuing body

7. 6 years, 1/3rd retire every 2 years - statutory

Lok Sabha

1. Max members

2. Present members - States+UTs+nomination

3. Which UTs have LS

4. Electoral College of States

5. Electoral College of UTs

6. Nominations to LS

7. Duration of House - JR?

8. Duration during emergency

1. 550 (after 104th CAA)

2. 543 = 524+19

3. All UTs

4. Universal Adult franchise of 18 age - consitution

5. UAF - statutory Law

6. Removed after 104th CAA

7. 5 years - or President can dissolve before - no JR

8. Can extend one year at a time, but cannot continue after 6 months of emergency expires

1. Delimitation Commission is constituted in Which years

2. Seats per states based on which census

3. Constituency boundaries based on which census

1. 1952,1962,1972,2002

2. 1971

3. 2001

Constitution Qualification of MPs (3)

1. Citizen of India

2. Age - 25,30

3. Must take oath before taking seat

Note: Qualifications means these are checked at the time of election

Statutory Qualification of MPs

1. Registered Voter

2. Security deposits, self declarations, assets, liabilities etc

How long can a person act as minister even without being an MP

6 months

Consti Disqualifications of MP

1. Holding an office of profit

2. Unsound mind

3. Undischarged Insolvent

4. Loss of Citizenship

5. Disqualification under Parliament Law

6. Disqualification under 10th schedule

Statutory Disqualification under RPA, 1951

1. Conviction of certain offences - promoting enmity, bribery, corruption

2. Imprisonment - will be disqualified if imprisonment is for 2 or more years and they can't be allowed to be MP for another 6 years

3. Election offences and corrupt practises

4. Failure to lodge election expenses - for 3 years

5. Contractual/Financial interest with gvt

6. Employment(office of profit) in gvt controlled Corporations (where gvt share > 25%)

7. Disloyalty to the state

8. Social offences- sati,dowry

Office of Profit

1. Exceptions in Consti

2. Exception in Statutory Act (Prevention of disqualifications act)

1. Pres and Vice Pres

- Governors

- Ministers

So they can re participate in election without resigning

2. - Ministers

- Leader of opposition

- Whips

- Chairpersons of NCBC,NCSC,NCSTs etc

1. When is office of profit checked?

2. Office of Profit test

1.Both at the time of nomination and during the tenure

2. - gvt has ppwer of appointment and removal

2. Gvt gives financial

3. the post has executive or administrative functions

4. Whether it entails influence under gvt control

1. Decision on disqualification

2. Defection

3. Election disputes

1. President with EC recommendation

2. Presiding officer

3. Concerned HC

ADL

1. criteria

2. is it under JR?

3. timeline

1. - voluntary give up of party

- against party whip

- independent member joins a party

- nominated members joins party after 6 months

2. Yes, Kihoto Hollohan v Zachillu

3. No specific timeline

Double membership

1. Elected to both houses of parliament simultaneously

2. Sitting member elected to other house

3. Elected to 2 seats in same house

4. State legislature and parliament

1. If no action then RS is vacated (10days)

2. first house is vacated

3. if no action then both are vacated

4. If no action, Parliamentary seat is vacated (14days)

Resignation of MP and Presiding officer power in this regard

Presiding officer can refuse to accept the resignation if he feels that the resignation is not geninue

Absence from house

1. How many days without permission

2. Is it mandatory to remove

3. are weekends, holidays counted

4. what are not counted

1. 60 days

2. No the house should pass a resolution with simple majority

3. yes

4. If houses are adjourned for more than 4 days in a row

Oaths of MPs

1. Where is it

2. what is it

1. 3rd schedule

2. - True faith and allegiance to CoI

- uphold sovereignity and integreity of india

- faithfully discharge duty

1. Whose salaries are charged on Consolidated fund of India

2. What about MPs?

1. 4 Presiding officers

Speaker

1. Election date who decides

2. Who oversees eelction

3. duration

4. Who elects

1. President

2. Speaker pro-tem

3. entire LS duration+until next speaker

4. LS members

Speaker

1. final authority to what

2. Casting vote?

3. Ex-officoo chairman of what

4. removal of speaker majority

5. Who presides

6. vote/casting vote during removal

7. When he vacates exactly

1. to interpret the provisions of the CoI

2. yes

3. Indian parliamentary group (connects with other nation legislatures)

4. effective majority

5. Deputy speaker

6. normal Voting

7. exactly before the first session of new lok sabha when the speaker pro-tem enters

1. Who presides joint sitting

2. Who decides money bill

1. Speaker

2. Speaker

1. First speaker

2. Present speaker

1. G.V Mavalankar (1947-56)

2. Om Birla

Deputy speaker and parliamentary committee

He automatically becomes chairman if he is a member of it

1. First speaker and deputy speaker of British India

2. What are the positions called

1. Fredrick whyte and Sachindranath Sinha

2. President and deputy president of central assembly( from GoI Act, 1919

1. First deputy speaker of India

2. When did the tradition of speaker from opposition started

1. M.A Ayyangar

2. 11th loksabha 1996

Panel of chairpersons

1. Who appoints them

2. When can they act as speaker and when can they not

Panel of vice chairpersons

1. Who appoints then

2. When can they act as speaker and when can they not

1. Speaker

2. When speaker and deputy speaker is absent, cannot preside when both speaker and deputy speaker is vacant

Speaker pro tem

1. Who appoints

2. his exact functions

1. President

2. Comes into office before the new lok sabha and administers oath of all and election of new speaker

Chairman

1. Who

2. Casting vote

3. Where is he less compared to speaker

4. removal

1. Vice president

2. yes

3. Money bill, joint sitting

4. effective majority in RS and simple in LS

Secretariat of parliament

0. How many secretariats

1. Who makes rules for it and why

2. Who is head

3. Is he in political post

1. 2 one for each house

2. their respective houses, to maintain independence

3. Secretary-General

4. no, its non-political and permanent house

Leader of house

1. Is it in consti or statutory?

2. Who is he

3. For which house

4. What is this position in US

1. neither, in rules of procedure (by house itself, each house has its own rules)

2. PM or if PM is not in that house then he nominates a minister of that house

3. Both houses

4. majority leader

Leader of the opposiiton

1. Who is he

2. Min percentage of seats

3. is it consti or statutory

4. UK similarity

1. Leader of largest opposition party with min 10% seats

2. 10%

3. Statutory unlike leader of house

4. Shadow cabinet

Party Whip

1. Consti or Statutory or rules?

2. What if member defies whip in critical votes

1. None, just convention

2. Disqualification under ADL