Polity Set 153 | MROY Class

Polity Set 153

πŸ”
πŸ“Œ Parliament β€’ Sessions

Q.1) While the President has the power to “prorogue” (terminate a session of) the House, who has the power to adjourn the House sine die (terminate a sitting for an indefinite period)?

Ans > The Presiding Officer of the House (Speaker/Chairman)
  • Understanding Adjournment Sine Die: The Latin term “sine die” translates to “without assigning a day for a further meeting or hearing.” When the House is adjourned sine die, it means the current sitting is terminated for an indefinite period, effectively bringing the daily business of the current session to a halt without announcing when the House will reconvene.
  • Authority of the Presiding Officer: The power to adjourn the House, whether for a specified time (like the next day or after lunch) or sine die, rests exclusively with the presiding officer. In the Lok Sabha, this is the Speaker, and in the Rajya Sabha, it is the Chairman. They maintain order and decide the schedule of daily sittings.
  • Prorogation vs. Adjournment: While the presiding officer adjourns the House sine die, it does not officially end the parliamentary session. The official termination of the entire session is called “prorogation.” Under Article 85(2) of the Indian Constitution, only the President of India has the power to prorogue the Houses of Parliament.
  • Recall Power: Even after the House has been adjourned sine die, the presiding officer retains the authority to call a sitting of the House before the date or time to which it has been adjourned, or at any time after the House has been adjourned sine die, if the circumstances demand urgent legislative attention.
πŸ“Œ Parliament β€’ Motions

Q.2) Which Parliamentary motion is introduced by a member to call the attention of a Minister to a matter of urgent public importance and seek an authoritative statement?

Ans > Calling Attention Motion
  • An Indian Parliamentary Innovation: The Calling Attention Motion is a purely Indian innovation in parliamentary procedure and has been in existence since 1954. Unlike many other parliamentary devices, it does not find mention in traditional British parliamentary conventions. It was designed to address urgent issues without the disruptive nature of an Adjournment Motion.
  • Purpose and Function: The primary objective of this motion is to draw the immediate attention of a specific Cabinet Minister to a matter of urgent public importance. The member moving the motion expects the Minister to make a highly authoritative and factual statement regarding the matter on the floor of the House.
  • Procedural Restraints: According to parliamentary rules, a member must give prior notice in writing to the Secretary-General of the House before the commencement of the sitting. The Speaker or Chairman has the ultimate authority to decide whether to admit the motion based on its urgency and public importance.
  • Unlike Adjournment Motions: While an Adjournment Motion involves an element of censure against the government and can only be moved in the Lok Sabha, a Calling Attention Motion does not imply a vote of censure. Therefore, it can be introduced in both the Lok Sabha and the Rajya Sabha, making it a more versatile tool for holding the executive accountable.
πŸ“Œ Parliament β€’ Privileges

Q.3) Which motion is moved by a member when they feel a Minister has committed a breach of privilege of the House by withholding facts or giving distorted facts?

Ans > Privilege Motion
  • Concept of Parliamentary Privileges: Under Article 105 of the Constitution, Members of Parliament and the Houses themselves enjoy certain immunities and privileges to function effectively and independently. These include freedom of speech in Parliament and immunity from court proceedings for anything said in the House.
  • Trigger for the Motion: A Privilege Motion is invoked when an MP believes that a Minister or another member has violated these privileges. The most common trigger is when a Minister is accused of deliberately misleading the House, withholding critical information, or presenting distorted or fabricated facts during a debate or while answering a question.
  • Role of the Presiding Officer: The admission of a Privilege Motion is heavily dependent on the Speaker (in the Lok Sabha) or the Chairman (in the Rajya Sabha). The presiding officer can either give a ruling on the motion directly or refer the matter to the Privileges Committee, a specialized parliamentary committee that investigates the merits of the breach.
  • Potential Consequences: If the House or the Privileges Committee finds the Minister or member guilty of a breach of privilege, it is considered an affront to the dignity of the Parliament. Punishments can range from a formal reprimand or admonition to suspension or, in extreme historical cases, expulsion from the House, though the latter is exceedingly rare.
πŸ“Œ Parliament β€’ Motions

Q.4) A “Censure Motion” can be moved against:

Ans > All of the above
  • Defining a Censure Motion: A Censure Motion is a parliamentary tool used by the opposition to strongly disapprove of or reprimand specific policies, actions, or failures of the government. Unlike a simple debate, it is a formal expression of severe criticism recorded in parliamentary proceedings. It must explicitly state the reasons or charges for which it is being moved.
  • Flexibility of Target: A unique feature of the Censure Motion is its flexibility. It can be moved against a single, specific Minister for their individual departmental failures, a targeted group of Ministers, or the entire Council of Ministers collectively. This allows the opposition to pinpoint accountability accurately.
  • Contrast with No-Confidence Motion: A No-Confidence Motion (under Rule 198) can only be moved against the entire Council of Ministers, as it challenges the government’s majority. Furthermore, a No-Confidence Motion does not require the members to state the reasons for its adoption, whereas a Censure Motion explicitly requires detailed reasoning for the reprimand.
  • Consequences of Passing: If a Censure Motion is passed in the Lok Sabha, it causes immense political embarrassment and pressure, but it does not constitutionally oblige the government or the targeted Minister to resign. However, if a No-Confidence Motion is passed, the entire Council of Ministers is constitutionally mandated to resign immediately.
πŸ“Œ Parliament β€’ Procedures

Q.5) Matters which are not points of order or cannot be raised under the rules relating to questions, short notice questions, or calling attention motions, can be raised in the Lok Sabha under:

Ans > Rule 377
  • The Purpose of Rule 377: Rule 377 of the Rules of Procedure and Conduct of Business in Lok Sabha acts as a residual mechanism. It is designed to allow Members of Parliament to raise urgent matters of public importance that do not fit into the rigid criteria of other parliamentary devices like Adjournment Motions, Calling Attention, or Short Notice Questions.
  • Strict Procedural Requirements: Members cannot spontaneously raise issues under this rule. They must submit a written notice to the Secretary-General detailing the text of the matter they intend to raise. The Speaker of the Lok Sabha carefully scrutinizes these notices and decides which matters are permissible based on their importance and relevance.
  • Rajya Sabha Equivalent: While Rule 377 applies strictly to the Lok Sabha, the Rajya Sabha has a functionally identical mechanism known as “Special Mentions.” Under Rule 180B of the Rajya Sabha, members can raise similar residual issues of public concern after gaining the approval of the Chairman.
  • Daily Quota and Ministry Response: The number of matters that can be raised under Rule 377 on any given day is strictly capped (historically around 20 per day) to ensure the House’s time is managed effectively. The concerned Ministers are expected to provide written replies to the members who raised the issues, ensuring a degree of executive accountability.
πŸ“Œ Parliament β€’ Schemes

Q.6) The “Youth Parliament” scheme was started on the recommendation of the Fourth All India Whips Conference. In which year was this scheme initiated?

Ans > 1966
  • Origin and Rationale: The Youth Parliament Scheme was conceptualized to address a growing need for civic education among the younger generation. The Fourth All India Whips Conference strongly recommended creating a simulated parliamentary environment for students to help them understand the functioning of democratic institutions practically rather than just theoretically.
  • Implementation in 1966: Following the recommendation, the Ministry of Parliamentary Affairs officially launched the Youth Parliament scheme in 1966. Initially, it was rolled out on a smaller scale, targeting recognized schools in the Delhi region, before gradually expanding to Kendriya Vidyalayas, Navodaya Vidyalayas, and universities nationwide.
  • Core Educational Objectives: The primary objective is to acquaint the youth with the practices, procedures, and discipline of parliamentary democracy. By participating, students learn the importance of debate, tolerance for opposing views, the process of law-making, and the general nuances of public speaking and disciplined discourse.
  • Structural Organization: The Ministry of Parliamentary Affairs provides financial assistance, training, and literature to participating institutions. They organize annual competitions at regional and national levels where students role-play as Prime Ministers, Speakers, and Opposition leaders, complete with Question Hours and mock bill passages, which are often evaluated by real parliamentarians.
πŸ“Œ Parliament β€’ Offices

Q.7) The office of the “Leader of the Opposition” in the Lok Sabha and the Rajya Sabha was given statutory recognition for the first time in:

Ans > 1977
  • Historical Context and the 1969 Precedent: For the first two decades after independence, India did not have an official, recognized Leader of the Opposition because no single opposition party managed to secure the required 10% seats. It was only in 1969, following a split in the Indian National Congress, that Ram Subhag Singh became the first de facto Leader of the Opposition.
  • Statutory Recognition in 1977: The position was finally institutionalized and given formal legal backing through the “Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.” This statute formally defined the role and legally protected the status of the opposition leader in both the Lok Sabha and the Rajya Sabha.
  • Role in a Democracy: The Leader of the Opposition plays a critical, constructive role in a parliamentary democracy. They are expected to provide a credible alternative government, critique ruling party policies, and participate in high-level bipartisan committees, such as those appointing the Director of the CBI, the Chief Vigilance Commissioner, and the Chief Election Commissioner.
  • Perks and Privileges: By virtue of the 1977 Act, the Leader of the Opposition is accorded the rank, salary, allowances, and protocol status equivalent to that of a Cabinet Minister in the Union Government. This includes a secretariat staff, specialized housing, and specific travel allowances, enabling them to function as a powerful shadow executive.
πŸ“Œ Parliament β€’ Offices

Q.8) To be recognized as the official Leader of the Opposition, the concerned party must have at least what fraction of the total strength of the House?

Ans > One-tenth
  • The 10% Threshold Rule: To claim the official status of the Leader of the Opposition, the leader must belong to the largest opposition party in the House, and critically, that specific party must have secured at least one-tenth (10%) of the total membership of the House. It cannot be an alliance of multiple smaller parties pooling their numbers.
  • Origin in the Mavalankar Rule: This requirement is not explicitly written in the Indian Constitution. It stems from a ruling by G.V. Mavalankar, the first Speaker of the Lok Sabha. He established the precedent that a party must have enough members to constitute a “quorum” (which is 1/10th of the House) to be recognized as a formal parliamentary party.
  • Lok Sabha Calculations: The total strength of the Lok Sabha is 543. Therefore, to be recognized as the principal opposition party and for its leader to become the official Leader of the Opposition, a single party must win a minimum of 55 seats independently.
  • Recent Political Implications: This rule became a subject of major national debate following the 2014 and 2019 General Elections. The Indian National Congress, the largest opposition party, secured 44 and 52 seats respectively, falling short of the 55-seat requirement. Consequently, the Lok Sabha functioned without an official Leader of the Opposition for a decade.
πŸ“Œ Parliament β€’ Members

Q.9) The salaries and allowances of Members of Parliament (MPs) are determined by:

Ans > The Parliament by law
  • Constitutional Mandate: Article 106 of the Indian Constitution clearly stipulates that members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law. The framers left this to the legislature rather than hardcoding numbers into the Constitution.
  • The Governing Legislation: Exercising this power, the Parliament enacted the “Salary, Allowances and Pension of Members of Parliament Act, 1954.” This is the primary legislation that dictates the base pay, daily allowances for attending sessions, constituency allowances, and office expenses for all sitting MPs.
  • Mechanism for Revisions: Because the Parliament decides its own salary, amendments to this Act are brought forth periodically to account for inflation and changing living costs. In the past, this led to public criticism regarding MPs voting for their own pay raises without independent oversight, leading to calls for an independent wage commission.
  • Automatic Indexation: To resolve the conflict of interest of MPs voting on their own salaries, the Finance Act of 2018 amended the 1954 Act. It introduced a system where the salary, daily allowance, and pension of MPs are automatically revised every five years, indexed to the Cost Inflation Index, removing the need for Parliament to manually pass a new bill for every raise.
πŸ“Œ Parliament β€’ Committees

Q.10) What is the standard quorum required to hold a meeting of a Parliamentary Committee?

Ans > One-third of the members
  • Defining Quorum: A “quorum” is the minimum number of members who must be present to make the proceedings of a meeting valid. Without a quorum, no official business can be transacted, and any decisions made would be procedurally void.
  • House vs. Committee Quorum: It is vital to distinguish between the quorum of the main House and the quorum of its committees. Under Article 100 of the Constitution, the quorum to constitute a meeting of either House of Parliament (Lok Sabha or Rajya Sabha) is one-tenth (10%) of its total members.
  • The One-Third Rule for Committees: Parliamentary Committees (like the Public Accounts Committee, Estimates Committee, etc.) operate under different rules. According to the Rules of Procedure and Conduct of Business, the quorum to hold a sitting of a Parliamentary Committee is substantially higher at one-third of the total number of members of that specific committee.
  • Procedure on Lack of Quorum: If at any time during a sitting of a committee, there is no quorum, the Chairman of the committee is bound by duty to either suspend the sitting until a quorum is present or adjourn the sitting to some future day. This ensures that a tiny minority cannot pass committee reports unnoticed.
πŸ“Œ Executive β€’ Elections

Q.11) The Presidential and Vice-Presidential Elections Act was amended in 1997 to discourage non-serious candidates. The security deposit for the Presidential election was increased to:

Ans > Rs 15,000
  • The Problem of Frivolous Candidates: Prior to 1997, the requirements to contest the highest office in the land were quite lax. Independent candidates would frequently file nominations for the Presidency purely for publicity, seeking a place in the historical records without any genuine political backing or chance of winning.
  • The 1997 Legislative Amendment: To preserve the dignity of the Presidential office and streamline the electoral process, the Parliament amended the Presidential and Vice-Presidential Elections Act, 1952. The 1997 amendment drastically tightened the eligibility criteria and the financial prerequisites for prospective candidates.
  • Financial Hurdle: Before the amendment, the security deposit required was a mere Rs 2,500. The 1997 amendment increased this amount sixfold, mandating a security deposit of Rs 15,000. This amount must be deposited either in cash with the Returning Officer at the time of nomination or via a receipt showing it was deposited in the Reserve Bank of India.
  • Deterrent Effect: The increase in the security deposit, combined with a sharp increase in the required number of proposers and seconders, worked exactly as intended. Post-1997, the number of independent, non-serious candidates contesting the Presidential elections dropped to almost zero, ensuring a focused contest between serious political contenders.
πŸ“Œ Executive β€’ Elections

Q.12) For a candidate to be nominated for the office of the President of India, their nomination paper must be subscribed by at least:

Ans > 50 proposers and 50 seconders
  • Composition of the Electoral College: The President of India is not directly elected by the people but by an Electoral College. This college consists exclusively of the elected members of both Houses of Parliament (MPs) and the elected members of the Legislative Assemblies of the States and Union Territories (MLAs). Nominated members cannot participate.
  • The Role of Proposers and Seconders: To successfully file a nomination, a candidate must demonstrate that they have baseline support among the political class. Therefore, the nomination paper must be explicitly signed by electorsβ€”members of the Electoral Collegeβ€”acting as “proposers” who suggest the name, and “seconders” who back that suggestion.
  • The 1997 Overhaul: Originally, the requirement was extremely low, needing only a handful of signatures. To filter out non-serious candidates, the 1997 amendment to the Presidential and Vice-Presidential Elections Act raised the threshold drastically. Now, a candidate requires signatures from at least 50 electors as proposers and an additional 50 different electors as seconders.
  • Verification and Rejection: The Returning Officer (usually the Secretary-General of the Lok Sabha or Rajya Sabha, alternating each election) rigorously verifies these signatures. If a candidate fails to secure 100 valid, distinct signatures from sitting MPs or MLAs, their nomination paper is summarily rejected during the scrutiny phase.
πŸ“Œ Executive β€’ Elections

Q.13) For a candidate to be nominated for the office of the Vice-President of India, their nomination paper must be subscribed by at least:

Ans > 20 proposers and 20 seconders
  • Different Electoral College: The Vice-President is elected by a different Electoral College than the President. Under Article 66, the Vice-President is elected by the members of both Houses of Parliament. This includes both elected and nominated members of the Lok Sabha and Rajya Sabha, but it strictly excludes state MLAs.
  • The 1997 Revisions: Just like the Presidential election, the Vice-Presidential election was plagued by non-serious candidates seeking free publicity. The Parliament addressed this through the same 1997 amendment to the Presidential and Vice-Presidential Elections Act, making it much harder to file a valid nomination.
  • The 20/20 Rule: To ensure a candidate has legitimate parliamentary backing, the law dictates that the nomination paper for the Vice-Presidential election must be subscribed by at least 20 electors as proposers and at least 20 different electors as seconders. This means a candidate needs the verifiable support of at least 40 Members of Parliament just to contest.
  • Why the Difference from the President? The Presidential requirement is 50/50, while the Vice-Presidential is 20/20. This is primarily because the Electoral College for the Vice-President is much smaller (under 800 MPs) compared to the Electoral College for the President, which includes thousands of state MLAs in addition to the MPs.
πŸ“Œ Elections β€’ Rules

Q.14) If a candidate in the Presidential election fails to secure at least what fraction of the total valid votes polled, they lose their security deposit?

Ans > One-sixth
  • The Forfeiture Rule: Losing an election is common, but failing to secure a basic minimum threshold of support is considered a mark of a frivolous candidacy. Across most Indian elections, including the Presidency, the Election Commission enforces a rule to deter candidates who lack genuine backing: the forfeiture of the security deposit.
  • The One-Sixth Threshold: By law, if a candidate in a Presidential election fails to secure at least one-sixth (16.66%) of the total valid votes polled, their security deposit (which is Rs 15,000 for the Presidential election) is forfeited to the state treasury.
  • Calculation of Valid Votes: It is important to note that the calculation is based on “total valid votes polled,” not the total voting population or the total votes cast. Any votes rejected by the Returning Officer due to improper marking or technical errors are excluded from the denominator before calculating the one-sixth threshold.
  • Application in the Proportional System: Since the Presidential election uses a system of proportional representation by means of a single transferable vote, calculating the one-sixth fraction can be mathematically complex. It is generally calculated based on the total value of the first-preference votes secured by the candidate.
πŸ“Œ Executive β€’ Judiciary

Q.15) Any dispute regarding the election of the President or Vice-President can only be challenged before the Supreme Court. Such an election petition can be filed by:

Ans > Any candidate or any 20 or more electors joined together
  • Exclusive Jurisdiction of the Supreme Court: Article 71 of the Indian Constitution states that all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided exclusively by the Supreme Court of India. No High Court or lower court has jurisdiction over this matter.
  • Restricting Frivolous Litigation: To prevent ordinary citizens or political activists from holding the highest offices in the land hostage with continuous, frivolous legal challenges, the law strictly limits who has the legal standing (locus standi) to file an election petition regarding these offices.
  • Who Can File: Under the Presidential and Vice-Presidential Elections Act, an election petition can only be presented by a person who was a candidate at the election, or by a group of at least 20 electors joined together as petitioners (for the President). For a Vice-Presidential dispute, the requirement is 10 or more electors joined together.
  • Time Constraints and Consequences: The petition must be filed within 30 days of the publication of the election results. If the Supreme Court declares the election of a President void, acts done by them in the exercise of the powers of the office prior to the date of the Supreme Court’s decision are not invalidated.
πŸ“Œ Elections β€’ RPA 1951

Q.16) Under the Representation of the People Act, a person is disqualified from contesting elections if they are dismissed from government service for:

Ans > Corruption or disloyalty to the State
  • The Representation of the People Act, 1951 (RPA): The Indian Constitution lays down the basic qualifications for MPs and MLAs, but it leaves the detailed grounds for disqualification to the Parliament. Parliament codified these extensive rules in the Representation of the People Act, 1951, which governs the actual conduct of elections.
  • Section 9 of the RPA: This specific section deals with the disqualification of former government servants. It states that a person who, having held an office under the Government of India or a State Government, has been dismissed for corruption or for disloyalty to the State shall be disqualified from contesting elections.
  • Duration of Disqualification: The disqualification under this specific clause is not necessarily for life. The Act specifies that the disqualification lasts for a period of five years from the date of such dismissal, after which the individual may legally contest an election again.
  • Certification by the Election Commission: To prevent political vendettas where a government might maliciously dismiss an employee to stop them from running, the law provides a safeguard. The Election Commission must issue a certificate stating that the person was indeed dismissed for corruption or disloyalty. Such a certificate is conclusive proof of the disqualification.
πŸ“Œ Elections β€’ Voting

Q.17) Members of the Armed Forces and specific government employees serving outside their home states are allowed to vote through postal ballots or proxy. They are officially classified as:

Ans > Classified Service Voters (CSVs)
  • Who Are Service Voters? “Service Voters” are citizens who, due to the nature of their government duty, are stationed away from their ordinary place of residence and cannot physically visit their home polling booths. This primarily includes personnel of the Armed Forces, paramilitary forces, and government servants posted in Indian diplomatic missions abroad.
  • The Proxy Voting Mechanism: To ensure these citizens are not disenfranchised, the election laws were amended to allow them special voting rights. In 2003, the Election rules were updated to allow Service Voters belonging to the Armed Forces and paramilitary forces to vote either through postal ballots or by appointing a proxy to vote on their behalf.
  • Defining Classified Service Voters (CSVs): When a service voter chooses to utilize the proxy voting option rather than a postal ballot, they are officially registered and categorized by the Election Commission as a “Classified Service Voter” (CSV). The proxy they appoint must be an ordinary resident of that same constituency.
  • Operational Rules: A CSV must intimate the Returning Officer of their decision to vote via proxy. Once registered as a CSV, the proxy can vote on their behalf in the specific constituency. This classification is vital for election officials to manage the dual systems of normal voting and proxy voting accurately at the local booth.
πŸ“Œ Elections β€’ Constitution

Q.18) Which Constitutional Amendment Act made it mandatory for the President to consult the Election Commission on questions of disqualification of MPs and act according to its opinion?

Ans > 44th Amendment Act (1978)
  • The Mechanism of Disqualification: Article 103 of the Constitution dictates the procedure for deciding questions regarding the disqualification of sitting Members of Parliament (for reasons other than defection, such as holding an office of profit). The decision rests with the President of India.
  • The 42nd Amendment Disturbance: During the Emergency, the Indira Gandhi government passed the 42nd Amendment Act (1976), often called the “Mini-Constitution.” This amendment heavily centralized power and altered Article 103, essentially removing the mandatory binding nature of the Election Commission’s advice, leaving it to the President’s (and therefore the Cabinet’s) discretion.
  • Restoration by the 44th Amendment: The Morarji Desai-led Janata Party government passed the 44th Amendment Act in 1978 to undo the distortions of the Emergency. This amendment restored the original democratic safeguard in Article 103, severely limiting the executive’s power to arbitrarily disqualify opposition MPs.
  • Binding Nature of EC’s Advice: Post the 44th Amendment, the constitutional text explicitly states that before giving any decision on disqualification, the President must obtain the opinion of the Election Commission and shall act according to such opinion. The President has no discretionary power in this matter; the EC’s ruling is final and binding.
πŸ“Œ Elections β€’ Political Parties

Q.19) To be recognized as a “National Party”, a political party must secure at least 6% of the valid votes polled in four or more states in a Lok Sabha or Assembly election, AND in addition, it must win at least how many seats in the Lok Sabha?

Ans > 4 seats
  • The Election Symbols Order, 1968: The rules governing the recognition of political parties as “National” or “State” parties are laid down by the Election Commission of India in the Election Symbols (Reservation and Allotment) Order, 1968. This is a dynamic process, and party statuses are periodically reviewed after general elections.
  • The First Criterion (Vote Share + Seats): The Election Commission provides three distinct pathways for a party to achieve National Party status. The first pathway is a combination of popular vote share and actual legislative representation. A party must secure at least 6% of the total valid votes polled in four or more states (either in a Lok Sabha or State Assembly election).
  • The Add-on Requirement: Securing a 6% vote share spread across four states is not enough on its own. In addition to this vote share, the party’s candidates must successfully win a minimum of four seats in the Lok Sabha. These four seats can be won from a single state or spread across multiple states.
  • Benefits of National Status: Achieving this status grants significant perks. A National Party is assigned a permanent, exclusive election symbol across the entirety of India. They receive free broadcast time on state-owned television (Doordarshan) and radio (AIR) during elections, and they require only one proposer to file a nomination, easing the electoral process.
πŸ“Œ Elections β€’ Political Parties

Q.20) Alternatively, a party is recognized as a National Party if it wins at least 2% of the seats in the Lok Sabha. These seats must be elected from at least how many different states?

Ans > 3 states
  • The Second Pathway to National Status: The Election Commission recognizes that a party might not have a massive 6% popular vote share across four states but might be highly effective at winning actual parliamentary constituencies. Therefore, the second criterion focuses purely on Lok Sabha seat arithmetic, regardless of the overall popular vote percentage.
  • The 2% Seat Threshold: Under this rule, a political party must win a minimum of 2% of the total seats in the Lok Sabha. Since the current total strength of the Lok Sabha is 543 seats, 2% mathematically translates to exactly 11 seats. Therefore, a party must elect at least 11 MPs to qualify.
  • Geographical Dispersion Requirement: To prevent a purely regional powerhouse from claiming “National” status just by sweeping a large state, the rule includes a strict geographic constraint. Those 11 (or more) MPs cannot all come from a single state; they must be elected from at least three different states.
  • Preventing Regional Dominance: For instance, if a regional party wins 25 Lok Sabha seats, but all 25 are from Uttar Pradesh or West Bengal, it will remain a “State Party.” To become a National Party under this criterion, those seats must be distributed (e.g., 9 from State A, 1 from State B, and 1 from State C).
πŸ“Œ Elections β€’ Political Parties

Q.21) A third alternative for a political party to be recognized as a National Party is if it is already recognized as a State Party in at least:

Ans > 4 states
  • The Third Pathway (Federal Expansion): The third and final criterion for achieving National Party status recognizes the organic growth of a political party across India’s federal structure. If a party successfully establishes a recognized, formidable presence in multiple regions over time, it is elevated to national status.
  • The Four-State Rule: According to the Election Symbols (Reservation and Allotment) Order, a party is automatically recognized as a National Party if it has already fulfilled the criteria to be formally recognized as a “State Party” in a minimum of four different states.
  • How to Become a State Party: To understand this, one must know the State Party criteria. Broadly, a party becomes a State Party by winning 6% of votes plus 2 Assembly seats, or winning 3% of total Assembly seats, or securing 8% of total votes in the state. Achieving this in four distinct states proves a party’s broad geographical acceptability.
  • Recent Examples: This specific criterion is how the Aam Aadmi Party (AAP) recently achieved National Party status. AAP was already recognized as a State Party in Delhi and Punjab (where they formed governments), and later fulfilled the state party vote-share requirements in Goa and Gujarat, bringing their total to four states and triggering their national recognition.
πŸ“Œ Parliament β€’ Anti-Defection

Q.22) Under the Anti-Defection Law, if the Presiding Officer of a House is accused of defection, who decides the question of their disqualification?

Ans > A member of the House elected by the House in that behalf
  • The Tenth Schedule: The Anti-Defection Law was introduced via the 52nd Constitutional Amendment in 1985 and added as the Tenth Schedule to the Constitution. It aims to prevent political instability caused by elected legislators changing party allegiances mid-term for bribes or ministerial berths.
  • Standard Disqualification Authority: Ordinarily, under the Tenth Schedule, if any Member of Parliament or a State Legislature is accused of defection, the sole authority to decide on their disqualification is the Presiding Officer of that respective House (the Speaker in the Lok Sabha/Assembly, or the Chairman in the Rajya Sabha/Council).
  • The Exception for the Presiding Officer: A unique constitutional conundrum arises if the Speaker or Chairman themselves defects or violates the party whip. They obviously cannot act as the judge in their own case. To resolve this conflict of interest, the Tenth Schedule dictates a special procedure.
  • Ad-hoc Authority: If the Presiding Officer is the subject of a defection petition, the House must elect a specific member from amongst themselves purely for the purpose of hearing and deciding that specific defection case. The decision of this specially elected member is treated as final, subject to the limited judicial review established by the Kihoto Hollohan Supreme Court judgment.
πŸ“Œ Parliament β€’ Privileges

Q.23) Under Article 105, Members of Parliament enjoy certain privileges. Which of the following is an absolute privilege enjoyed by an MP?

Ans > Freedom of speech in Parliament, and immunity from any court proceedings for anything said or any vote given in Parliament
  • Constitutional Basis of Privileges: Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and their members. These are codified in Article 105 of the Indian Constitution, designed to secure the independence and effectiveness of parliamentary actions.
  • Absolute Freedom of Speech: Article 105(1) guarantees freedom of speech in Parliament, subject to the rules of procedure. More importantly, Article 105(2) provides absolute immunity. It dictates that no MP shall be liable to any proceedings in any court regarding anything said or any vote given by them in Parliament or any parliamentary committee.
  • Protection from Judicial Scrutiny: This means if an MP makes a defamatory statement, reveals a state secret, or votes in a specific way on the floor of the House, they cannot be sued for defamation or prosecuted in a regular court of law. The House itself acts as the sole disciplinary body for their conduct within its walls.
  • Limitations on the Privilege: This absolute freedom has one major constitutional limitation. Article 121 prohibits any discussion in Parliament concerning the conduct of any Judge of the Supreme Court or a High Court in the discharge of their duties, except when a formal motion for the removal of the judge is being considered.
πŸ“Œ Parliament β€’ Privileges

Q.24) Freedom from arrest in civil cases is available to an MP during the session of Parliament and for a period of how many days before and after the session?

Ans > 40 days
  • Scope of the Immunity: One of the most significant individual privileges granted to Members of Parliament is the freedom from arbitrary arrest, ensuring that they are not prevented from attending parliamentary sessions by malicious legal harassment. However, this immunity is heavily restricted in its scope.
  • Civil vs. Criminal Distinctions: This privilege applies strictly and exclusively to civil cases (e.g., disputes over debt, property, or contracts). An MP does not enjoy any special immunity from arrest in criminal cases, under preventive detention laws, or in cases involving national security, even if Parliament is currently in session.
  • The 40-Day Window: The immunity in civil cases is valid for the entire duration of the parliamentary session. Furthermore, it extends to a buffer period of 40 days before the commencement of the session and 40 days after the conclusion (prorogation) of the session.
  • Statutory Origin: Unlike freedom of speech, which is directly written into the Constitution under Article 105, this specific 40-day rule regarding civil arrest is drawn from Section 135A of the Code of Civil Procedure, 1908, which was adapted into parliamentary privilege rules.
πŸ“Œ Parliament β€’ Procedures

Q.25) A “Point of Order” can be raised by a member when the proceedings of the House do not follow the normal rules of procedure. A Point of Order should relate to:

Ans > The interpretation or enforcement of the Rules of the House or the Constitution
  • Definition and Purpose: A “Point of Order” is an extraordinary parliamentary device used by an MP to halt the current debate instantly. It is raised when a member believes that the ongoing proceedings are violating the established rules of the House, constitutional provisions, or historical parliamentary conventions.
  • Strict Criteria for Invocation: It cannot be used merely to interrupt a rival’s speech, ask for information, or explain a position. The point raised must strictly relate to the interpretation or enforcement of the Rules of Procedure and Conduct of Business in the Lok Sabha (or Rajya Sabha) or specific articles of the Constitution regulating the business of the House.
  • Suspension of House Business: Because a point of order concerns the legality and procedural integrity of the House itself, it takes precedence over all other business. The moment it is raised, the current speaker must yield, and all House business is immediately suspended until the presiding officer resolves the issue.
  • Role of the Presiding Officer: The Speaker or Chairman holds absolute authority over points of order. The presiding officer listens to the member’s objection and then gives a ruling. The presiding officer’s decision on whether a point of order is valid, and how to rectify the procedural breach, is final and cannot be debated or appealed by the House.
πŸ“Œ Elections β€’ Constitution

Q.26) Which part of the Constitution deals with the Election Commission and its powers?

Ans > Part XV
  • Constitutional Framework: The framers of the Indian Constitution were keenly aware that the success of a massive democracy relied entirely on free and fair elections. Therefore, rather than leaving electoral machinery to normal statutory laws, they embedded the architecture of the Election Commission directly into the Constitution.
  • Part XV Detail: Part XV of the Constitution of India is entirely dedicated to “Elections.” It is a concise but incredibly powerful segment, containing only six articles, running from Article 324 to Article 329, yet it dictates the democratic destiny of over a billion people.
  • Article 324 – The Core Provision: The most vital component of Part XV is Article 324, which vests the “superintendence, direction, and control” of all elections to Parliament, State Legislatures, and the offices of the President and Vice-President directly into an independent body called the Election Commission of India.
  • Other Key Articles in Part XV: Beyond establishing the EC, Part XV ensures universal adult suffrage without discrimination (Article 325 and 326), empowers Parliament and state legislatures to make laws regarding elections (Article 327 and 328), and famously bars courts from interfering in electoral matters once the election process has commenced (Article 329).
πŸ“Œ Elections β€’ Election Commission

Q.27) In the context of the Election Commission, the concept of a “Multi-Member Commission” is explicitly permitted by which Article?

Ans > Article 324(2)
  • Constitutional Provision: Article 324(2) of the Indian Constitution lays down the structural composition of the Election Commission. It states that the Election Commission shall consist of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), if any, as the President may from time to time fix.
  • Historical Evolution: For the first four decades of the republic, from 1950 to 1989, the Election Commission functioned as a single-member body, consisting solely of the Chief Election Commissioner. The Constitution allowed for expansion, but the government did not utilize this provision until the voting age was lowered, increasing the workload.
  • The 1989 and 1993 Shifts: In 1989, on the eve of the general elections, the President appointed two additional Election Commissioners, briefly making it a multi-member body. It reverted to a single-member body in 1990. Finally, in October 1993, the President issued an ordinance formally fixing the number of other Election Commissioners at two, a structure that has remained permanent since.
  • Role of the President: The power to expand or contract the size of the Election Commission rests entirely with the President of India (acting on the advice of the Council of Ministers). The Constitution does not specify a fixed number of Election Commissioners, leaving it to executive discretion based on administrative requirements.
πŸ“Œ Elections β€’ Election Commission

Q.28) The Chief Election Commissioner (CEC) and the other Election Commissioners have equal powers. In case of a difference of opinion amongst them, the matter is decided by:

Ans > The Commission by a majority vote
  • Equality of Power: A common misconception is that the Chief Election Commissioner (CEC) acts as the “boss” of the other two Election Commissioners (ECs). By law, the CEC and the two ECs have entirely equal powers, receive equal salaries, and hold equal status, equivalent to that of a Supreme Court Judge.
  • Resolving Differences: Since all three members share identical authority, conflicts and differences of opinion on electoral rules, model code of conduct violations, or poll timings are inevitable. The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 outlines the mechanism for resolving these deadlocks.
  • The Majority Vote Rule: The Act clearly states that if the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority. The CEC does not possess veto power or overriding authority.
  • The T.N. Seshan Case Precedent: This equal-power dynamic was legally challenged in the 1990s by the then-CEC T.N. Seshan, who argued that the CEC should have primacy. However, the Supreme Court upheld the validity of the multi-member system and confirmed that the CEC is merely the “first among equals” and must bow to the majority decision of the commission.
πŸ“Œ Local Govt β€’ Elections

Q.29) The State Election Commissioner (overseeing local body elections) is appointed by the Governor. Their conditions of service and tenure cannot be varied to their disadvantage:

Ans > After their appointment
  • Creation via the 73rd and 74th Amendments: The original Constitution did not have a State Election Commission. It was established by the historic 73rd and 74th Constitutional Amendment Acts in 1992, which created a third tier of democratic governance: the Panchayats and Municipalities.
  • Distinct from the ECI: The State Election Commission is an entirely separate constitutional body from the Election Commission of India (ECI). While the ECI conducts national and state assembly elections, the State Election Commission is exclusively responsible for the preparation of electoral rolls and the conduct of all elections to local rural and urban bodies.
  • Appointment and Independence: To ensure local elections are free from state government interference, Article 243K states that the State Election Commissioner is appointed by the Governor of the state. To safeguard their independence, the Constitution provides them with security of tenure similar to a High Court judge.
  • Protection of Service Conditions: Furthermore, the Constitution explicitly dictates that the conditions of service of the State Election Commissioner shall not be varied to their disadvantage after their appointment. This prevents the state government from cutting their salary or reducing their perks as a pressure tactic if the Commissioner takes decisions unfavorable to the ruling party.
πŸ“Œ Elections β€’ Technology

Q.30) VVPATs (Voter Verifiable Paper Audit Trails) were used for the very first time in an entire State Assembly election in 2017 in which state?

Ans > Goa
  • What is a VVPAT? The Voter Verifiable Paper Audit Trail (VVPAT) is an independent verification printer machine attached to Electronic Voting Machines (EVMs). When a voter casts a vote on the EVM, the VVPAT prints a paper slip showing the chosen candidate’s serial number, name, and symbol, which is visible behind a glass window for 7 seconds before dropping into a sealed drop box, allowing voters to verify their vote.
  • The Rationale for VVPATs: The introduction of VVPATs was a direct response to political allegations that EVMs could be maliciously tampered with or hacked. By maintaining a physical paper trail, the Election Commission can cross-verify the electronic tallies with physical slips in case of severe disputes, restoring public confidence in the electoral process.
  • First Statewide Implementation (Goa 2017): While VVPATs were tested in pilot phases earlier, the 2017 Goa Legislative Assembly election marked a historic milestone. It was the very first time that VVPAT machines were deployed across all polling stations in an entire state during a general assembly election.
  • Earlier Pilot Uses and Mandates: Prior to Goa, the VVPAT system was used for the very first time in a by-election in the Noksen assembly constituency of Nagaland in 2013. Following a directive from the Supreme Court of India in the Subramanian Swamy vs ECI case, the Election Commission rapidly scaled up production, leading to the 100% deployment in Goa, and eventually across the entire nation in the 2019 Lok Sabha elections.

πŸ“Œ Quick Summary β€” Polity Set 153

  • Parliament Sessions: The Presiding Officer has the power to adjourn the House sine die.
  • Parliament Motions: Calling Attention Motion is used to draw a Minister’s attention to urgent matters.
  • Parliament Privileges: A Privilege Motion is moved if a Minister withholds or distorts facts.
  • Parliament Motions: A Censure Motion can target an individual Minister, a group, or the entire Council.
  • Parliament Procedures: Matters not fitting other categories are raised in Lok Sabha under Rule 377.
  • Parliament Schemes: The Youth Parliament scheme was initiated in 1966.
  • Parliament Offices: The Leader of the Opposition office got statutory recognition in 1977.
  • Parliament Offices: A party needs at least one-tenth of House strength for official opposition status.
  • Parliament Members: MP salaries and allowances are determined by Parliament by law.
  • Parliament Committees: The standard quorum for a Parliamentary Committee meeting is one-third.
  • Executive Elections: Presidential election security deposit was raised to Rs 15,000 in 1997.
  • Executive Elections: A Presidential candidate needs at least 50 proposers and 50 seconders.
  • Executive Elections: A Vice-Presidential candidate needs at least 20 proposers and 20 seconders.
  • Election Rules: A Presidential candidate must secure one-sixth of valid votes to save their deposit.
  • Executive Judiciary: Presidential election disputes can be filed by a candidate or 20+ electors.
  • RPA 1951: Dismissal for corruption or disloyalty to the State leads to electoral disqualification.
  • Election Voting: Armed forces voting via proxy are registered as Classified Service Voters (CSVs).
  • Election Constitution: The 44th Amendment made EC advice binding on the President for MP disqualification.
  • Political Parties: A National Party needs 6% votes in 4 states plus 4 Lok Sabha seats.
  • Political Parties: Alternatively, winning 2% of Lok Sabha seats from at least 3 states grants National status.
  • Political Parties: Being a recognized State Party in 4 states also grants National Party status.
  • Anti-Defection: Disqualification of a Presiding Officer is decided by a member elected by the House.
  • Parliament Privileges: Article 105 grants absolute immunity from court for speech/votes in Parliament.
  • Parliament Privileges: MPs are immune from civil arrest during sessions and 40 days before/after.
  • Parliament Procedures: A Point of Order must relate to interpretation of Rules or the Constitution.
  • Election Constitution: Part XV of the Constitution deals with the Election Commission.
  • Election Commission: Article 324(2) explicitly permits a Multi-Member Election Commission.
  • Election Commission: Differences of opinion in the EC are decided by majority vote.
  • Local Govt Elections: State Election Commissioner conditions cannot be varied after their appointment.
  • Election Technology: VVPATs were first used in an entire state assembly election in Goa (2017).
Timer ⏳
20:00
Progress (0/30)

Click any card to flip and reveal the summarized answer!

Smart Review: Questions you got wrong appear here for focused study.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top

Current Affairs

Month wise Current Affairs