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SUBHASH KASHYAP- REVISION QUESTIONSChapter 01- History of ParliamentFor each of the following acts, analyse against the following counts:Composition, structure, and numerical strength of the legislatureElected members, if anyPowers to make legislation, vote on budget etc.- were recommendations binding on the executive?ShortcomingsWhat was the significance of the Charter Act of 1833? (2)Who was the first Governor-General of India?Who was the first ‘fourth member’ of the GG’s council, a post established by the 1833 Charter Act? What was the significance of the post?What was the significance of the Charter Act of 1853? (2) (Page 5)What was the significance of the Indian Councils Act of 1861? What change introduced by the 1833 Charter Act did it reverse? What else? (2)What was the significance of the Indian Councils Act of 1892? (3)What was the significance of the Indian Councils Act of 1909? (4)What was the significance of the Government of India Act of 1919?Describe the Government of India Act of 1935. List one major change introduced to its provisions by the India Independence Act of 1947. Which of the acts above introduced an element of indirect elections into the India Councils for the first time? What was the one other major reform in the same act?Which of these introduced separate communal electorates? (Page 9)Which Act first accepted the principle of participation of non-official members in the legislature? (Page 6)Which of these introduced majority elected members in the central legislature? What was the other major reform introduced by the same act?What is meant by ‘diarchy’? Which Act introduced it?Did the Act of 1919 succeed in establishing a representative democracy?What was he National Liberation Federation? When was it founded and by whom?What was the significance of the 1923 Delhi session of the INC? (Page 13)Which Act provisioned freely to admit the natives of India to share in the administration of the country? Describe the ‘Swaraj experiment’. Who was John Simon? (What was the technical name of the commission that he was to head)?Why was the 1929 Lahore session of the INC historic?At the time of independence, what was the distinction between the Constituent Assembly and the Dominion Legislature?In which financial year were the first ever general elections held in India?When was the first Rajya Sabha constituted?Answers:What was the significance of the Charter Act of 1833?Who was the first Governor-General of India?Who was the first ‘fourth member’ of the GG’s council, a post established by the 1833 Charter Act? What was the significance of the post? EIC’s trade monopoly broken, any English citizen could now reside in IndiaGovernor-General-in-council now supreme post in India; different presidencies not to have separate GGs like before (William Bentick first such GG)Number of members of GG’s council fixed at 4, with limitations on powers of 4th member (he could only aid GG in legislating; not sit or vote during executive meetings; Macaulay first such 4th member)What was the significance of the Charter Act of 1853? (2) (Page 5)Big step towards separating the executive from the legislature4th member of the GG’s LC placed on an equal footing with the other 3 (could now vote at executive meetings)Council enlarged; 6 new ‘Legislative Councillors’ added, only for legislation (no executive authority) => total 12-member council (GG + Commander-in-Chief + 4 + 6)What was the significance of the Indian Councils Act of 1861? (2)The Governments of Madras and Bombay were deprived of their power of legislation by Charter act of 1833. The Indian Councils Act 1861 restored this power to themFor the first time Portfolio system started; each member of the Council of the Governor General was allocated portfolio of a particular departmentExpanded the legislative council of the GG; now, a fifth executive member added; GG would also appoint at least 6, maximum 12, additional councilors, at least half of whom would be non-officialsThis was the first time ever that participation of non-officials in legislating was acceptedThe days of law making by executive alone were practically over; even though the expanded council was toothless as it could only consider legislation proposed by the executive, and didn’t have overriding powers, it was still a first step towards separation of the executive and the legislatureWhat was the significance of the Indian Councils Act of 1892? (3)Increased the number of the additional members in case of the council of the governor general to maximum of 16 (10-16, v/s 6-12 before) 5 additional members were brought in to the central council, with one nominated by each province, and one by Calcutta Chamber of Commerce (thus, a form of indirect election, though not stated as such, was introduced)Despite this, official majority was retained; there were only 5 indirectly elected Indians in the Imperial Legislative Councils out of 24 membersLC members allowed to ask questionsBudget could be discussed, but could not be voted upon The act of 1892 can be said to be the first step towards the beginning of the parliamentary system in India, where the members were authorized to ask questions At least, they were enabled to indulge in a criticism of the Financial Policy of the Government Introduced the principle of representation by authorizing universities, District Boards, Municipalities, Zamindars and Chambers of Commerce to send members to Provincial councilsWhat was the significance of the Indian Councils Act of 1909? (4)Morley-Minto reformsMaximum number of LC members raised from 16 to 60 (excluding executive councillors, who were ex-officio members)Size of LAs in provinces more than doubledSome of the members were electedNow, LAs and LC to include both elected as well as nominated membersMembers now had power to move resolutions on budget/ any other matter of public importance (although GG could veto anything)Created separate electorates for Muslims, zamindars, chambers of commerce etc.What was the significance of the Government of India Act of 1919?Montague-Chelmsford reforms: DiarchyAt the centre, Indian legislative council abolished, and replaced by a bicameral legislature, each with a majority elected legislatureElected members for both houses were chosen by direct election, but on an extremely limited franchise (based on property, tax, or education)Council of states, due to strong property requirements, became an almost exclusive preserve of wealthy landowners and merchantsGG had absolute powers, could dissolve either house at any timeGG still not responsible to Parliament; only to the crownGG could veto, promulgate ordinances, reserve bills for His Majesty, could override legislation (including financial) if he so thought fit(Think of some pluses- Page 12)Describe the Government of India Act of 1935. List one major change introduced to its provisions by the India Independence Act of 1947.Aimed at providing a federal structureGG was to be assisted by a council of 10 ministers, although he could act in accordance with their advice or upon his individual judgementFederal legislature = Crown + GG + 2 houses of Parliament Strangely, direct elections by Provincial Assemblies to Upper House, and these members then selected members to Lower houseNo bill would become law unless assented to by both houses, and then the GG/ CrownGG could summon joint sitting of the two housesPrincely states never agreed to join the federation, so constitution remained as in the 1919 Act; no council of ministers ever appointed to aid the GGGG continued to have special overriding powers, much to the chagrin of INC and other IndiansIndian Independence Act of 1947 said GG could not do anything in his individual discretion Which of the acts above introduced an element of indirect elections into the India Councils for the first time? What was one other major reform in the same act?Which of these introduced separate communal electorates? (Page 9)Which Act first accepted the principle of participation of non-official members in the legislature? (Page 6)Which of these introduced majority elected members in the central legislature? What was the other major reform introduced by the same act?What is meant by ‘diarchy’? Which Act introduced it?Did the Act of 1919 succeed in establishing a representative democracy?What was the National Liberation Federation? When was it founded and by whom?Founded by Surendranath Banerjee; seceded from INC over differences of opinion regarding participation in 1919 legislature after M-C reforms (INC did not want to participate, Banerjee did).What was the significance of the 1923 Delhi session of the INC? (Page 13)Swaraj Plan was adopted here.Which Act provisioned freely to admit the natives of India to share in the administration of the country? Describe the ‘Swaraj experiment’In 1923, Delhi session of INC adopted Motilal Nehru and CR Das’s Swaraj Plan, where Swaraj Party within the INC would contest elections to legislatures and oppose Brits from within by parliamentary obstructionism. In 1923 elections, Swaraj party emerged as the largest party in central legislature, and inside the parliament, defeated the government on several measures. The party performed poorly in 1926 elections, and given the lack of any signs of cooperation by the government, INC asked Swaraj party MPs to walk out of the legislature, thus ending the experiment. Who was John Simon? (What was the technical name of the commission that he was to head)?Why was the 1929 Lahore session of the INC historic?Chapter 02- The Political SystemOn which 2 occasions does the President address both the houses of the parliament together? (Page 25)By what name is the Budget listed in the constitution?In case of any MP from either house becoming disqualified under provisions listed in Article 103, whose decision is final? President or SC? What is the maximum sanctioned strength of the Rajya Sabha? Present? (Page 27)How is the Deputy Chairman of the RS appointed?On which census population figures are the Lok Sabha seats assigned to a state determined? Till which year is this going to continue? (Page 28)On what basis are seats reserved for SCs/ STs in the Lok Sabha?Under emergency, how long can the normal house of the LS be extended for?Can a vote of no confidence be passed in the RS?Mention 2 extraordinary powers of the RS that the LS does not enjoy. In which case can the President exercise his personal discretion in appointing the Prime Minister?What does the constitution say about the procedure for impeachment of a judge? (Page 35)True of False: The Parliament cannot discuss any conduct of a sitting judge, be it official or private conduct. Can the Parliament make Administrative Tribunals that do not come under the jurisdiction of any HC? SC? Which Article contains these provisions?With regards to regulating the procedure followed in conducting the business of either house of parliament, what is the jurisdiction of the courts?Under what conditions can the Parliament legislate on an Article included in the State List in the 7th Schedule?What is the content of Article 13?Which Articles of the constitution give an individual to approach the SC/ HC in case a law made by the Parliament/ State Legislature is ultra vires, unconstitutional, or impinges upon their fundamental rights?Can some laws made by the Union Parliament be applicable only to specific areas, or do all laws apply equally to all areas?What is meant by ‘extra territorial legislation’? Can the Parliament make such laws? State legislatures?List 4 ways in which the Parliament can legislate on items included in state list. (Page 39-40)How are new states created in India/ boundaries of existing states altered?What is the procedure for creation of Legislative Council for a state?Chapter 03: Functions of ParliamentName 4 ways in which the Lok Sabha can indicate that the current government does not have the right to rule anymore.Is law making the sole preserve of the Parliament? (Page 65)Which Article contains the provision for the amendment of the constitution?Chapter 04: The Electoral SystemAre the elections for the posts of the President and Vice-President under the jurisdiction of the Election Commission?Describe the composition of the Election Commission. What is the status of the CEC in terms of salaries etc.?For how many years are EC members appointed?Mention four ways in which the independence of the EC is maintained.What is the role of a ‘returning officer’?Who conducts the elections to local bodies? EC or SECs?What is the residence criterion for membership to the Rajya Sabha? Lok Sabha?Who adjudicates whether the disqualification criteria mentioned in the constitution apply to a particular MP? (Page 78)Who do the MPs hand their resignation to? (Page 78)In case of any election-related disputes with regards to either House of Parliament, whom does the first appeal lie to? What is such an appeal called?In case of any election-related disputes with regards to any State Legislature, whom does the first appeal lie to? What is such an appeal called?Chapter 05: Parliament in SessionWho is the speaker pro tem?On which occasions does the President address the Houses of Parliament?After the President’s address, can questions be asked regarding matters not covered in the address? (Page 86)Are the speaker and deputy speaker selected in the first meeting of the Lok Sabha?What is the procedure for removal of a speaker of the Lok Sabha?(See Page 89 in next iteration)What constitutes a quorum in the houses of parliament? Does this number include the speaker? (Page 90)Which language/ languages have been declared by the constitution to be the languages for conducting business in Parliament?What is meant by adjournment sine die?List 2 differences between adjournment sine die and prorogation of the house. (Page 94)On prorogation of the house, which notices do not lapse?After 5 year term of Lok Sabha ends, is it necessary to issue a formal order of dissolution passed by the President to dissolve the Lok Sabha?Upon the dissolution of the Lok Sabha, which of the following do not lapse? (4 main, 5 total)Bills pending in the Lok Sabha, originating in the LS: LapseBills pending in the Lok Sabha, originating in the RS: LapseA bill upon which houses have disagreed and President had agreed to summon a joint sitting, but the joint sitting was yet to happen: Do not lapseBills passed by LS, but pending in the RS: LapseBills originating in the RS, and not yet passed by the RS: Do not lapseBills passed by both houses and not yet assented to by the President: Do not lapseBills returned by the President for reconsideration of either House: DO NOT LapseMotions, resolutions, Amendments, Supplementary demands for grants: LapsePetitions presented to the House, which stand referred to the Committee on Petitions: LapsePending assurances: DO NOT LapseChapter 06: The Speaker How is the secretary-general of the house selected? How many secretary-generals are there in the parliament?When does the speaker participate in the debates of the house to express his views?In terms of rank, where does the speaker of the Lok Sabha rank with respect to the Vice-President? PM? Council of Ministers?What happens to the Speaker’s party membership upon being elected the Speaker?Do all committees of the House work under the Chairmanship of the speaker?What is Rule 374?With regards to disqualification of members of Lok Sabha for defection, whose decision is final? Speaker, President, or Supreme Court? (Page 104)Who was the first-even Indian to hold the office of the speaker of the Central Legislature?What is the one main function of the Deputy Speaker, aside from acting as the speaker in his absence?While he is not presiding in place of the speaker, does the Deputy Speaker have the right to take part in the proceedings of the house?What happens in case both the Chairman and the Deputy Chairman are absent from the House? Who presides? (Page 111)Is there only one Secretary General for both the Houses of Parliament?Chapter 07: The Question Hour What are the three different types of questions that can be asked during the question hour?How much notice needs to be given in case of ordinary questions?Who decides what category a particular question falls in?What are some of the ground under which a particular question might not be admissible? (3)What is the maximum number of questions that a member of the Lok Sabha can ask in a single sitting? (Page 122)What is the maximum number of unstarred questions that can be put forth in total in a single day in the Lok Sabha? How many starred questions?When can short notice questions be asked? (Page 124)What if a Minister refused to answer a Short-Notice Question? (Page 124)When can questions be asked to private members?What are ‘half an hour discussions?What is the zero hour? What is its importance?TypeDescriptionSupply Qs alwd?Notice prd rqdNumber alwd/ day?1 MP/ day alwd…StarredCan be answered orally on the floor of the HouseYes10-21 days201 in LS, 3 in RSUnstarredWritten answers provided No10-21 days230Short Notice questionsRelate to matters of urgent public importance; notice period is shorter than 10 days minimum prescribed for other questions; oral answers provided Half-an-Hour DiscussionSuch discussion is allowed after 5 PM on matters arising out of questions already answered in the House 3 day notice 1 notice per sitting onlyOne MP can only raise 2 in the entire sessionChapter 08: Raising Matters in Parliament What are the 4 devices available to MPs for raising urgent matters of public importance requiring immediate attention of the government/ Parliament?When is it appropriate to use an adjournment motion?Is the consent of the speaker sufficient to raise an adjournment motion? (Page 133)Once discussion under an adjournment motion is under way, can the speaker adjourn the house? If yes, under what circumstances? (Page 134)Is the adjournment motion available to both Houses of Parliament?How is a calling attention notice different from an adjournment motion? (Page 138, self note)What is the nature of debate under calling-attention notices?Is there a formal motion and voting under a calling-attention notice?How is a short-duration discussion different from a calling attention notice?What is a ‘Mention under Rule 377’? What is its equivalent in the Rajya Sabha?What are ‘motions’? (Page 140)How many stages does a parliamentary motion pass through? Name them. What are the 3 main kinds of motions? Describe each.Describe the 3 different kinds of subsidiary motions.What is the notice period required before introducing motions? (Page 143)What is the difference between: (an amendment under the subsidiary motion), and (substitute motions)? (Page 142)List 2 differences between motions and resolutions. (Page 145)What are the 3 main kinds of resolutions?With regards to giving prior notice to the Secretary General, what is the difference between different kinds of resolutions?Can no-confidence motions be passed against individual ministers?Does a no-confidence motion need to set out specific grounds on which it is based?What is the procedure for a no-confidence motion?Does a no-confidence motion need to be moved immediately after the leave of the house to move such a motion is granted?How are censure motions different from no-confidence motions? Can they be moved against individual ministers? (3) (Page 150)Aside: PDFs from Lok Sabha and Rajya Sabha (answers handwritten on Page 152)Are amendments to substitute motions allowed? True or false: only Ministers can raise Statutory Resolutions.What is the main purpose of motions and resolutions?Do all resolutions have the force of law?How many calling attention notices can be entertained during the same sitting? What happens in case of multiple requests for the same day?How is a short-duration discussion different from a calling attention notice at the time of its introduction?At the end of a ‘short-discussion’, does the member who moved the notice have a right of reply?What are half-an-hour discussions? At the end of these, is there a formal motion and voting?Type of ‘Urgent’ MotionDescriptionProcedureAdjournmentSets aside normal business of the House for discussing a ‘definite matter of urgent public importance’; cannot be for matters sub-judice, or matters that can be raised under any other motion. If an adjournment motion is passed, it amounts to censure of the government, equivalent to a no-confidence motion Notice needs to be given before 10 AM; if Speaker says okay, Leave of the House is asked. If objection is raised by anyone, 50+ MPs need to rise to say that leave is granted. If this happens, mover and others speak, then ministers reply, and motion is put to a vote; Speaker can’t adjourn the House until vote is doneNot allowed in Rajya SabhaCalling Attention NoticesRaising urgent matters, but not urgent enough for adjournment motion. Aim is to ask Ministers to make an authoritative statement on an urgent issue. No formal motion, debate, or voting; only the mover is allowed one clarificatory questionMover needs to give notice to Speaker before 10 AM; usually admitted for the next day (to give Ministers some time to prepare a response), but if the matter is urgent enough, might be allowed on the same dayShort-duration DiscussionLike calling-attention, but debate is allowed (but member who raises the discussion has no right to reply after Minister speakers; other MPs can speak and discuss)No formal motion, debate, or votingSpeaker’s discretion to allow or not; if they are admitted, they happen after the regular business of the House is dispensed on the same or a later dayMentions under Rule 377Matters that cannot be raised under any of the above three; Ministers usually do not make a statement, but can if they wish to (usually they send a written reply)Equivalent in Rajya Sabha is ‘Special Mention’Type of MotionsDescriptionSubstantiveIndependent, self-contained proposals, drafted so as to express an opinion of the House; do not depend on, or arise out of, any other motion (e.g.: No-Confidence Motion, Adjournment Motion, Motion of Thanks for the President’s Address)SubstituteIntroduced before discussion starts on a substantive motion; these conform to the subject matter of the original motion, but are drafted differently; if permitted, both the original and substitute motions are debated together, but only the substitute motion is voted upon SubsidiaryDepend on or relate to other motions; have no meaning by themselvesTypesAncillaryRegular way of proceeding with the House business, such as recommending the motion to a select committee etc.SupersedingMoved in the course of debate on another question, and seek to supersede that question; mostly dilatory in natureAmendmentAmends part of the question put before the House (unlike Substitute Motions, which completely replace the entire motion)No-day-yet-named motionMotions that have been admitted by the Speaker, but date hasn’t been fixed Type of ResolutionsDescriptionPrivate Member ResolutionGovernment ResolutionStatutory ResolutionMay be moved either by government or private members; these are always tabled in pursuance of a provision in the constitution or an Act of Parliament. (e.g.: Impeachment of President, disapproval of an ordinance etc.) If these are adopted, they have the force of law (unlike resolutions that only express an opinion of the House; those are not binding on the government)Chapter 09: Budget in ParliamentWhat is the difference between the Annual Finance Bill and the Appropriation Act? (Page 159)True or False: the budget is not discussed on the day that it is presented. (Page 156) What, if any, is the difference between the role of the Lok Sabha and the Rajya Sabha when it comes to the budget?Is there a separate budget for the Railways?Who moves the motion for budget demands? (Page 157)What are ‘cut’ motions? How many types exist? Which one is the most popular?What is meant by the guillotine? (Page 158)What is the one major difference between a regular bill and the appropriation bill? (Page 159)What is the vote on account? (Page 160)What are supplementary and excess demands for grants?What is a vote of credit?Chapter 10: The Legislative ProcessWhat are the two broad categories of bills, on the basis of who introduces the bill?What are the 3 categories of bills, based on their content?In which house can a union minister introduce a bill? (Page 166)How much notice does the minister need to give for such a bill?How many readings does a bill pass through before it can become an act?How many bills can a single minister introduce on a given day in Parliament? (Page 167)When does the leave of the house need not be taken before introducing a bill?In which reading is a bill referred to a select/ joint committee?In case of a joint committee, what is the ratio of members from the RS and the LS?How is the Chairman of such a joint committee selected? (Page 168)For bills originating in a house, how long can the other house not take any action on the bill before ‘deadlock’ is deemed to have happened? (Page 170)Rules and procedures of which house govern a joint sitting? (Page 171)Name 4 provisions that entitle a bill to be deemed a money bill.Are matters related to adding/ deleting an item from the list of items charged on the Consolidated Fund of India covered under money bills?How long can the Rajya Sabha hold onto a money bill?What is the main difference between finance bills and money bills?List the two broad categories of finance bills. Which ones can be introduced in the Rajya Sabha?Describe the powers of the Rajya Sabha with respect to finance bills. (Page 174)With regards to President’s recommendation being mandatory for introduction/ discussion, differentiate between money bills and the two kinds of finance bills.Can constitutional amendment bills be introduced in the Rajya Sabha? (Page 175)Can such bills be Private Member Bills?Which Article contains the procedure for constitutional amendments?List 4 kinds of constitutional amendments that can be brought in with a simple majority.Which kinds of constitutional amendments require a special majority?List 6 kinds of constitutional amendments that require ratification by state legislatures in addition to a special majority in Parliament. For such bills, in how many days/ months do the states have to ratify?Can a bill providing for the formation of new states and for alteration of areas, boundaries, or names of states, be introduced by private members? (Page 176)Can the Parliament by itself create a Legislative Council for a state? (Page 176)How much notice does an MP need to give to introduce a Private Members’ Bill/ Resolution? Contrast this with the notice period to be given by government members. (Page 178)Ordinarily, how many private member bills can a single MP introduce in a given session?Chapter 11: Parliamentary CommitteesWhat is the difference between consultative committees and parliamentary committees?What are the two broad categories of parliamentary committees?Name 4 committees that are joint in nature, i.e., the members of which are drawn from both houses.How are members of financial committees selected?How is the chairman of a parliamentary committee selected? (Page 192)Name 5 committees whose members are elected every year by members, according to the system of proportional representation by means of single transferable vote.How long do members of standing committees usually hold office for?How many financial parliamentary committees exist? Name them.How long are they usually constituted for?Describe the composition and primary duties of the Estimates Committee (Page 197)Describe the composition and primary duties of the Public Accounts Committee.What is the difference between the above two committees?Which of these committees does the CAG of India assist? Name 2 committees that exist only in the Lok Sabha.Describe the composition and primary duties of the Public Undertakings Committee.What are Departmental Committees?Name the 3 house committees, and describe their composition (both in LS and RS) and functions.Which committee possesses semi-judicial powers?Describe the composition and primary duties of the Committee on Petitions and the Committee on Privileges.Why are some people concerned about the existence and further strengthening of Departmental Committees?Summary of Committees:S.No.TypeCommitteeJoint?Lok SabhaRajya Sabha1Financial CommitteesEstimatesLS only30NA2Public AccountsYes1573Public UndertakingsYes1574House CommitteesBusiness AdvisorySeparate LS and RS15115Private Members’ Bills and ResolutionsLS only15NA6Absence of members from sittings of the HouseLS only15NA7Enquiry CommitteesPetitionsSeparate LS and RS15108PrivilegesSeparate LS and RS15109Scrutiny CommitteesGovernment AssurancesYes151010Subordinate LegislationSeparate LS and RS151511Papers Laid on the TableSeparate LS and RS151012Welfare of SCs and STsYes2010Chapters 12, 13Why is it important that the secretariats of the two houses of the Parliament are independent from the executive? How is this independence ensured?In handing out punishments/ rulings for members found to be out of order in their conduct, does the jurisdiction of the Houses of parliament extend only to the MP’s conduct within the House, or even outside?Chapter 14: Parliamentary PrivilegesList the various privileges available to the members of parliament. (Page 233)How is the right to free speech different for an MP and a common citizen? (Page 246)Chapter 15: Political Parties and Groups; Anti-Defection LawWhich amendment of the constitution gave formal recognition to political parties? (Page 267)When is a party said to ‘make a house’?What is the role of a party whip?When is an elected member to the Lok Sabha/ state legislature considered disqualified on the grounds of defection? (Page 272)When is an independent elected member to the Lok Sabha/ state legislature considered disqualified on the grounds of defection?When is a nominated member to the Rajya Sabha/ state legislature considered disqualified on the grounds of defection?In case of a party split, what strength do the seceding members require to not be disqualified? In case of merger of a party in another?Can the speaker be disqualified if he gives up his party membership?Who determines disqualification-related matters?What is the first court of appeal in matters related to disqualification on the grounds of defection? Local Court, High Court, or Supreme Court? ................
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