Polity Set 68
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📌 Indian Polity • Parliament
Q.1) The Parliament is the legislative organ of the Union government. Which Part of the Constitution deals with the organisation, composition, and procedures of Parliament?
Ans > Part V
- Extensive Constitutional Scope: Part V of the Indian Constitution, broadly titled “The Union,” is the most extensive section of the document, spanning from Article 52 to Article 151. It comprehensively details the executive, legislative, and judicial framework of the central government.
- Specific Chapter for Parliament: Within Part V, Chapter II is entirely dedicated to the Parliament. Covering Articles 79 to 122, this specific chapter dictates the structural framework, operational procedures, membership qualifications, privileges, and powers of both legislative houses.
- Westminster System Influence: The structural design detailed within this part relies heavily on the British Westminster model of parliamentary democracy. This design establishes the core principle that the executive branch is drawn from and remains strictly accountable to the legislature, specifically the lower house.
- Supreme Legislative Authority: This section serves as the foundational rulebook for national lawmaking in India. It grants the Parliament the supreme legal authority to enact, amend, or repeal laws on subjects enumerated in the Union List and the Concurrent List.
📌 Indian Polity • Structure
Q.2) According to Article 79 of the Constitution, the Parliament of India consists of three parts. They are the Council of States, the House of the People, and the:
Ans > President
- The President’s Integral Role: Although the President of India does not sit in or attend the daily legislative sessions of either the Lok Sabha or the Rajya Sabha, they are an inseparable and constitutional part of the Parliament. No bill passed by both houses can legally become an Act without receiving the President’s formal assent.
- Executive Powers Over Legislature: The President holds vital parliamentary powers, including the authority to summon and prorogue (end the session of) both Houses. Furthermore, the President has the exclusive constitutional power to dissolve the Lok Sabha, which triggers general elections.
- Inspiration from the British Crown: This tripartite structure consisting of the President, Rajya Sabha, and Lok Sabha mirrors the British parliamentary system, where Parliament comprises the Crown, the House of Lords, and the House of Commons.
- Legislative Addresses: The President traditionally addresses a joint sitting of both Houses of Parliament at the commencement of the first session after each general election, and at the commencement of the first session of each year, outlining the government’s upcoming policies.
📌 Indian Polity • Rajya Sabha
Q.3) The maximum strength of the Rajya Sabha is fixed at 250. Out of these, how many are nominated by the President?
Ans > 12
- Specific Fields of Expertise: The President of India nominates 12 members to the Rajya Sabha from among persons who have special knowledge or practical experience in specific fields. According to Article 80, these fields are strictly limited to Art, Literature, Science, and Social Service.
- Purpose of Nomination: The primary rationale behind this constitutional provision is to provide a place in the upper house for eminent and distinguished persons without requiring them to go through the rigorous and often highly political process of general elections.
- Voting Rights Restrictions: While nominated members enjoy all the powers, privileges, and immunities of elected Members of Parliament, they have one major restriction. Nominated members are not entitled to vote in the election of the President of India, though they can vote in the election of the Vice-President.
- Current Actual Strength: Although the maximum constitutional strength is fixed at 250 (238 elected and 12 nominated), the current effective strength of the Rajya Sabha is 245. This consists of 233 representatives of the states and union territories, alongside the 12 members directly nominated by the President.
📌 Indian Polity • Schedules
Q.4) The Fourth Schedule of the Constitution deals with the allocation of seats in the:
Ans > Rajya Sabha to the states and union territories
- Population-Based Allocation: The allocation of seats in the Rajya Sabha to various states and union territories is not equal; it is made on the basis of population. Consequently, states with larger populations, like Uttar Pradesh, have significantly more seats (31 seats) compared to smaller states like Tripura or Goa (1 seat each).
- Inclusion of Union Territories: Not all Union Territories have representation in the Rajya Sabha. Only those Union Territories possessing a legislative assembly and a sufficient population base—specifically Delhi, Puducherry, and Jammu & Kashmir—are allocated seats in the Upper House as per this schedule.
- Dynamic Nature of the Schedule: The Fourth Schedule is not entirely static. Whenever a new state is created, or the boundaries of an existing state are fundamentally altered through the State Reorganisation Act, the Fourth Schedule must be amended to reflect the new allocation of seats in the Rajya Sabha.
- Contrast with the US Senate: This population-based distribution fundamentally differs from the American federal system. In the United States Senate, all 50 states are given equal representation of two seats each, regardless of their geographical size or total population.
📌 Indian Polity • Elections
Q.5) The representatives of states in the Rajya Sabha are elected by the:
Ans > Elected members of state legislative assemblies
- Method of Indirect Election: The election of representatives to the Rajya Sabha is strictly indirect. The general public does not vote in these elections; instead, the elected members of the State Legislative Assemblies (MLAs) serve as the electoral college for choosing Rajya Sabha MPs.
- System of Proportional Representation: The election is held in accordance with the system of proportional representation by means of the single transferable vote. This specific mathematical voting method ensures that minority parties in the state assembly can still secure representation in the Upper House proportional to their legislative strength.
- Exclusion of Nominated MLAs: It is crucial to note that only the elected members of the state legislative assemblies are permitted to vote in Rajya Sabha elections. Any nominated members within the state assembly are strictly barred from participating in this electoral process.
- Open Ballot Requirement: To curb cross-voting, corruption, and the influence of money power, an amendment to the Representation of the People Act in 2003 introduced an open ballot system for Rajya Sabha elections. MLAs must show their marked ballot to their party’s authorized agent before dropping it into the ballot box.
📌 Indian Polity • Lok Sabha
Q.6) The maximum strength of the Lok Sabha is fixed at 552. Out of this, what is the maximum number of representatives of the states?
Ans > 530
- Constitutional Limits: According to Article 81 of the Constitution, the maximum strength of the Lok Sabha was initially set at 552. This was strictly divided into 530 members representing the states, 20 members representing the Union Territories, and 2 nominated members from the Anglo-Indian community.
- Current Demographic Freeze: The allocation of seats to the states is based on population figures from the 1971 census. The 84th Constitutional Amendment Act of 2001 froze this total number of state allocations until the first census taken after the year 2026, to encourage states to implement population control measures without losing political power.
- Abolition of Anglo-Indian Seats: The 104th Constitutional Amendment Act, passed in 2019, discontinued the provision of nominating two members of the Anglo-Indian community to the Lok Sabha. Consequently, the practical maximum legal strength of the Lok Sabha has been effectively reduced from 552 to 550.
- Direct Election Mechanism: The 530 representatives from the states are chosen by direct election on the basis of universal adult suffrage. The states are divided into territorial constituencies to ensure that the ratio between the population of each constituency and the number of seats allotted is roughly the same across the state.
📌 Indian Polity • Amendments
Q.7) Originally, the voting age was 21 years. It was reduced to 18 years by the 61st Constitutional Amendment Act in the year:
Ans > 1988
- Universal Adult Franchise Expansion: Before this amendment, Article 326 of the Constitution mandated that only citizens aged 21 and above were eligible to vote. The 61st Amendment officially lowered this threshold to 18 years, massively expanding the democratic base by enfranchising millions of young Indian citizens.
- Rajiv Gandhi Government Initiative: This landmark constitutional amendment was introduced and passed during the tenure of Prime Minister Rajiv Gandhi. The stated political motivation was to express faith in the youth of the country and increase their direct participation in the democratic political process.
- Implementation for the 1989 Elections: Although the amendment act was passed by Parliament in 1988, it officially came into force on March 28, 1989. The newly enfranchised 18-to-21 demographic voted for the very first time on a national scale during the 9th Lok Sabha general elections held later that same year.
- Alignment with Global Democratic Norms: The reduction of the voting age aligned India with the global democratic trend. Many major democracies, including the United Kingdom and the United States (via the 26th Amendment in 1971), had already lowered their national voting age to 18 to empower the younger generation.
📌 Indian Polity • Parliament
Q.8) The Rajya Sabha is a permanent body and not subject to dissolution. However, what fraction of its members retire every second year?
Ans > One-third
- Permanent Chamber Status: The Rajya Sabha (Council of States) serves as a continuing chamber. Unlike the Lok Sabha, which is automatically dissolved after a five-year term or earlier by the President, the Rajya Sabha is a permanent constitutional body and cannot be dissolved under any circumstances.
- Six-Year Member Tenure: The Constitution itself does not explicitly fix the term of office for Rajya Sabha members. Instead, it left this task to the Parliament. Under the Representation of the People Act (1951), Parliament established that the standard term of an individual Rajya Sabha member is exactly six years.
- Biennial Retirement Cycle: To maintain its permanent nature while allowing for fresh representation, one-third of all Rajya Sabha members retire every second year. These vacant seats are then filled up through fresh elections and presidential nominations at the beginning of every third year.
- Handling Initial Retirements: When the very first Rajya Sabha was constituted in 1952, determining who would retire after two and four years was a challenge. This was resolved mathematically by a system of lottery drawn by the President, establishing the one-third retirement cycle that continues seamlessly to this day.
📌 Indian Polity • Emergency Provisions
Q.9) The normal term of the Lok Sabha is five years. However, its term can be extended during a National Emergency by a law of Parliament for what duration at a time?
Ans > One year
- Emergency Power Utilization: The provision to extend the life of the Lok Sabha is exclusively tied to the proclamation of a National Emergency under Article 352. The normal five-year term, calculated from the date of its first meeting, can only be altered when the country is facing a severe crisis.
- One Year Limit Per Extension: Parliament holds the power to extend the term of the Lok Sabha by passing a specific law. However, this extension cannot be indefinite or permanent; it can only be extended for a maximum duration of one year at a time, requiring renewed parliamentary approval for further extensions.
- Maximum Limit After Revocation: Once the National Emergency has ceased to operate and is officially revoked, this extended term cannot continue indefinitely. The extended Lok Sabha can only continue for a strict maximum period of six months beyond the date the emergency proclamation is lifted.
- Historical Precedent: The term of the Lok Sabha has been extended historically. During the National Emergency declared by Prime Minister Indira Gandhi in the 1970s, the term of the 5th Lok Sabha (1971-1977) was uniquely extended twice, for one year at a time.
📌 Indian Polity • Qualifications
Q.10) To be qualified to become a member of the Rajya Sabha, a person must not be less than how many years of age?
Ans > 30 years
- Age Distinctions Between Houses: The Constitution clearly distinguishes between the minimum age requirements for the two houses of Parliament. While the minimum age for a Lok Sabha member is 25, the framers intentionally set a higher age limit of 30 for the Rajya Sabha to cultivate a chamber of experienced, senior statesmen.
- House of Elders Concept: This higher age limit aligns with the philosophical concept of the Rajya Sabha serving as an “Upper House” or “House of Elders.” The intent is to provide a mature, deliberate, and less volatile review of legislation passed by the younger, populist lower house.
- Oath or Affirmation Requirement: Beyond age, a constitutional requirement mandates that every candidate for the Rajya Sabha must make and subscribe to an oath or affirmation before an authority authorized by the Election Commission, swearing true faith and allegiance to the Constitution of India.
- Removal of Domicile Requirement: Originally, a candidate contesting for a Rajya Sabha seat from a specific state had to be an elector in that very state. However, in 2003, this strict domicile requirement was removed, allowing any Indian citizen to contest a Rajya Sabha election from any state, provided they are 30 years old.
📌 Indian Polity • Qualifications
Q.11) To be qualified to become a member of the Lok Sabha, a person must not be less than how many years of age?
Ans > 25 years
- Age of Democratic Entry: The minimum age of 25 years ensures that members of the Lok Sabha possess a foundational level of maturity while keeping the lower house relatively accessible to younger political leaders. This is notably lower than the 30-year requirement for the Rajya Sabha and the 35-year requirement for the Presidency.
- Citizenship Mandate: Before age is even considered, the absolute primary qualification laid down by the Constitution is that the individual must be a citizen of India. Non-citizens, even if they meet the age and residency requirements, are strictly barred from contesting elections to the Parliament.
- Prime Ministerial Eligibility: Because the Prime Minister is usually a member of the Lok Sabha (though they can belong to the Rajya Sabha), the minimum legal age to become the Prime Minister of India is technically 25 years, assuming they are elected via the lower house.
- Reserved Constituency Rules: If an individual intends to contest an election for a seat that is specifically reserved for Scheduled Castes or Scheduled Tribes in the Lok Sabha, they must not only be 25 years old but must also be a formally recognized member of a Scheduled Caste or Scheduled Tribe in any state.
📌 Indian Polity • RPA 1951
Q.12) The Parliament has laid down additional qualifications in the Representation of People Act (1951). One of them is that he must be a registered elector for:
Ans > A parliamentary constituency
- Statutory Supplements to Constitution: While the Indian Constitution establishes basic qualifications like citizenship and age, Article 84 explicitly allows Parliament to prescribe additional qualifications. Parliament fulfilled this by passing the comprehensive Representation of the People Act in 1951, outlining detailed election mechanics and rules.
- Elector Requirement for Lok Sabha: To contest a Lok Sabha election, the candidate must be registered as an elector (a voter) in any parliamentary constituency in India. They do not have to be a registered voter in the specific constituency they are contesting from, allowing political leaders to contest safely from various regions across the nation.
- Elector Requirement for Rajya Sabha: Similarly, a candidate for the Rajya Sabha must also be a registered elector in a parliamentary constituency. Originally, they had to be an elector in the specific state they were representing, but a 2003 amendment relaxed this rule, allowing candidates from anywhere in India to represent any state.
- SC/ST Qualification Distinctions: If a candidate wishes to contest a seat reserved specifically for Scheduled Castes or Scheduled Tribes, the Act requires them to be a member of an SC or ST community. However, an SC/ST candidate is completely free to contest from an unreserved, general constituency as well.
📌 Indian Polity • RPA 1951
Q.13) Under the Representation of People Act (1951), a person is disqualified from being a member of Parliament if he is convicted for any offence resulting in imprisonment for:
Ans > Two or more years
- The Two-Year Threshold Rule: The Representation of the People Act explicitly stipulates that any person convicted of an offense and sentenced to imprisonment for two years or more is automatically disqualified from retaining or seeking membership in Parliament or State Legislatures.
- Immediate Disqualification: Following the landmark Supreme Court judgment in the Lily Thomas vs. Union of India case (2013), this disqualification takes immediate effect upon conviction. Previously, convicted MPs were allowed a three-month window to appeal, during which they could retain their seats; the Supreme Court struck this grace period down as unconstitutional.
- Duration of the Ban: The disqualification is not temporary; it lasts for the entire duration of the individual’s imprisonment and continues for an additional strict period of six years after their release from prison, severely curtailing their political career.
- Exceptions for Detention: The law clearly differentiates between a criminal conviction and preventive detention. If a politician is held merely under a preventive detention law without a formal criminal conviction and sentence, they do not face disqualification and can continue as a Member of Parliament.
📌 Indian Polity • Anti-Defection
Q.14) A member of Parliament incurs disqualification under the Tenth Schedule (Anti-defection law). Who decides the question of disqualification under this schedule?
Ans > The Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha
- Presiding Officer Authority: The 52nd Constitutional Amendment Act of 1985, which introduced the Tenth Schedule, grants the sole initial authority to decide on matters of disqualification due to defection to the presiding officer of the respective house—the Speaker for the Lok Sabha and the Chairman for the Rajya Sabha.
- Judicial Review Applicability: Originally, the Tenth Schedule stated that the decision of the Speaker/Chairman was final and completely barred from judicial review. However, the Supreme Court, in the famous Kihoto Hollohan case (1992), struck down this provision, ruling that the presiding officer acts as a tribunal, making their final decision subject to review by High Courts and the Supreme Court.
- No Time Limit for Decisions: The Tenth Schedule currently does not prescribe any specific, legally binding time limit within which the presiding officer must decide a defection petition. This loophole has historically led to instances where Speakers delay rulings for years, effectively allowing defectors to serve their terms.
- Role of the President: It is important to distinguish this from regular constitutional disqualifications (like holding an office of profit). For general disqualifications under Article 102, the President of India makes the final decision based strictly on the binding advice of the Election Commission, not the presiding officer.
📌 Indian Polity • Parliament Procedures
Q.15) If a member of Parliament is absent from all its meetings without its permission for a continuous period, the House can declare his seat vacant. What is this time period?
Ans > 60 days
- Constitutional Mandate: Article 101(4) of the Indian Constitution strictly stipulates that if a Member of Parliament is absent from all meetings of the House for a continuous period of 60 days without seeking formal, prior permission, the House holds the authority to declare their seat vacant.
- Exclusion of Prorogation Periods: When calculating this 60-day period, the Constitution ensures fairness by stating that no account shall be taken of any period during which the House is prorogued (end of a session) or adjourned for more than four consecutive days. Only active session days count.
- Process of Seeking Permission: A member must formally apply for a leave of absence, citing valid reasons such as severe illness, travel, or incarceration. This application is reviewed by a specific parliamentary committee (Committee on Absence of Members) before the House votes to grant or deny the leave.
- House Discretion, Not Automatic: The 60-day absence does not result in an automatic, immediate dismissal. The constitutional wording states that the House “may” declare the seat vacant, meaning the House must formally pass a motion to expel the member based on their prolonged, unexcused absence.
📌 Indian Polity • Presiding Officers
Q.16) The Speaker of the Lok Sabha is elected by the Lok Sabha from amongst its members. The date of election of the Speaker is fixed by the:
Ans > President
- Presidential Prerogative: Immediately following a general election and the constitution of a new Lok Sabha, the process requires electing a new presiding officer. The exact date for the election of the new Speaker is determined and officially fixed by the President of India.
- Requirement of Membership: To be eligible for election to the office of the Speaker, the candidate must be an active, elected member of the Lok Sabha. No external individual, regardless of their judicial or political experience, can be parachuted in to preside over the lower house.
- Simple Majority Voting: The Speaker is elected by a simple majority vote of the members present and voting in the Lok Sabha. While it is usually the nominee of the ruling party or ruling coalition who wins due to their numerical advantage, the process relies entirely on a floor vote.
- Convention of Consensus: Although elections are legally possible and do occur, a long-standing parliamentary convention in India aims to elect the Speaker by general consensus across party lines, reflecting the Speaker’s expected role as an impartial, non-partisan referee of the House proceedings.
📌 Indian Polity • Presiding Officers
Q.17) If the Speaker of the Lok Sabha wants to resign, he has to address his resignation letter to the:
Ans > Deputy Speaker
- Mutual Resignation System: The Constitution outlines a system of mutual, reciprocal resignation for the presiding officers of the lower house. If the Speaker decides to vacate the office, they must submit a hand-written resignation letter addressed specifically to the Deputy Speaker of the Lok Sabha.
- Bypassing the President: Interestingly, unlike many high constitutional authorities (such as the Prime Minister, Judges, or Governors) who tender their resignations directly to the President of India, the Speaker specifically directs their resignation to the House itself, represented by the Deputy Speaker, emphasizing the independence of the legislature.
- Role of the Deputy Speaker in Resignation: In the reciprocal scenario, if the Deputy Speaker wishes to resign from their post, they must submit their formal resignation letter directly to the Speaker. This creates a closed loop of authority entirely within the lower legislative chamber.
- Immediate Effect: The resignation of the Speaker becomes effective immediately upon the delivery of the letter to the Deputy Speaker. There is no requirement for the resignation to be formally “accepted” by the House or the President before it becomes legally valid.
📌 Indian Polity • Presiding Officers
Q.18) The Speaker can be removed by a resolution passed by a majority of all the then members of the Lok Sabha (effective majority). Such a resolution can be moved only after giving an advance notice of:
Ans > 14 days
- Effective Majority Requirement: The removal of a Speaker requires a very specific type of voting threshold. It cannot be passed by a simple majority of those present; it strictly requires an “effective majority”—meaning a majority of all the then members of the Lok Sabha, factoring in current vacancies.
- 14-Day Notice Protection: To prevent sudden, partisan, or frivolous attempts to unseat the presiding officer on a whim, the Constitution mandates a strict 14-day advance notice period before any resolution for the removal of the Speaker can be introduced and considered on the floor of the House.
- Minimum Support to Move Resolution: The 14-day notice is not the only hurdle. Under the Rules of Procedure of the Lok Sabha, the resolution for the removal of the Speaker must be supported by a minimum of 50 members rising in their seats before it can be formally admitted for discussion.
- Security of Tenure: This rigorous, multi-step process—combining advance notice, minimum member support, and an effective majority requirement—provides the Speaker with substantial security of tenure. This security is necessary for them to make impartial rulings without fear of immediate political retribution from the ruling party.
📌 Indian Polity • Parliament Procedures
Q.19) When a resolution for the removal of the Speaker is under consideration of the House, can he preside over the sitting?
Ans > No, he cannot preside, but he may speak and take part in the proceedings
- Loss of Presiding Authority: Article 96 of the Constitution clearly dictates that when a resolution for the removal of the Speaker is actively under consideration by the House, the Speaker is strictly prohibited from sitting in the Chair and presiding over that specific sitting, ensuring a fair hearing.
- Right to Participation: Despite not being allowed to preside, the Speaker is not barred from the chamber. They retain the absolute constitutional right to be physically present, to speak in their own defense, and to take active part in the proceedings of the House while the resolution is debated.
- Shift in Voting Rights: Normally, a presiding Speaker only votes in the event of a tie (casting vote). However, during their removal proceedings, the Speaker loses the casting vote but paradoxically gains the right to vote in the “first instance” on the removal resolution, just like any standard Member of Parliament.
- Tie Vote Implication: If the vote on the resolution for the removal of the Speaker results in a strict equality of votes (a tie), the Speaker is explicitly prohibited from exercising a casting vote to save themselves. In the event of a tie, the resolution fails, and the Speaker retains their office.
📌 Indian Polity • Joint Sittings
Q.20) Who presides over a joint sitting of the two Houses of Parliament?
Ans > The Speaker of the Lok Sabha
- Resolving Legislative Deadlocks: Article 108 of the Constitution empowers the President to summon a joint sitting of both Houses of Parliament specifically to resolve a legislative deadlock. This deadlock usually occurs when one house passes a bill and the other house rejects it, or they disagree on amendments.
- Speaker’s Preeminence: When a joint sitting is convened, it is always presided over by the Speaker of the Lok Sabha. This rule reflects the democratic primacy of the lower house, which directly represents the population and has a significantly larger numerical strength than the upper house.
- Hierarchy of Presiding Officers: If the Speaker is absent from the joint sitting, the Deputy Speaker of the Lok Sabha takes the chair. If the Deputy Speaker is also absent, the Deputy Chairman of the Rajya Sabha presides. The Chairman of the Rajya Sabha (Vice-President) never presides over a joint sitting.
- Applicability Constraints: Joint sittings cannot be summoned for every type of legislation. They are strictly limited to ordinary bills and financial bills. The Constitution explicitly forbids joint sittings for the passage of Constitutional Amendment Bills (Article 368) and Money Bills (Article 110).
📌 Indian Polity • Legislative Process
Q.21) Who decides whether a bill is a money bill or not, and whose decision on this question is final?
Ans > The Speaker of the Lok Sabha
- Speaker’s Exclusive Authority: Article 110(3) of the Constitution grants the Speaker of the Lok Sabha the absolute and exclusive authority to decide whether a proposed piece of legislation qualifies as a Money Bill. This classification heavily impacts how the bill is processed through Parliament.
- Finality of the Decision: The Constitution explicitly states that the decision of the Speaker regarding the certification of a Money Bill is final. It cannot be challenged or overturned by the Rajya Sabha, the President of India, or historically, by the judicial courts, making it a supreme parliamentary privilege.
- Rajya Sabha’s Restricted Powers: Once a bill is certified as a Money Bill by the Speaker, the Rajya Sabha’s powers are severely restricted. The Upper House cannot reject or amend a Money Bill; it can only discuss it and make recommendations within a strict 14-day window.
- Endorsement for Transmission: When a Money Bill is successfully passed by the Lok Sabha and is transmitted to the Rajya Sabha for its recommendations, and subsequently presented to the President for final assent, it must carry a physical endorsement signed by the Speaker certifying its status.
📌 Indian Polity • Parliament Procedures
Q.22) The Speaker of the Lok Sabha does not vote in the first instance. However, he can exercise a casting vote in the case of:
Ans > An equality of votes (a tie)
- Principle of Impartiality: To maintain the strict neutrality and impartiality expected of the office, the Speaker of the Lok Sabha does not cast a vote in the “first instance” during normal legislative debates or standard parliamentary motions, acting solely as a neutral referee.
- Breaking Legislative Deadlocks: The Speaker is constitutionally empowered to exercise a “casting vote” exclusively in the event of a tie—when the “Ayes” and “Noes” on a particular bill or motion are exactly equal. This vote is crucial as it ultimately resolves the legislative deadlock.
- Discretionary Nature: The Speaker is not legally compelled to exercise their casting vote; it is a discretionary power. However, parliamentary convention suggests that a Speaker should exercise the casting vote in a manner that maintains the status quo or keeps a matter open for further debate, rather than finalizing a contentious change.
- Exceptions During Removal: The only time the Speaker loses the right to a casting vote and gains the right to vote in the first instance is when a resolution for their own removal from office is actively under consideration by the House, as per Article 96.
📌 Indian Polity • Presiding Officers
Q.23) The date of election of the Deputy Speaker of the Lok Sabha is fixed by the:
Ans > Speaker
- Speaker’s Administrative Authority: While the President of India fixes the date for the election of the Speaker, it is the newly elected Speaker who wields the administrative authority to fix the exact date for the election of the Deputy Speaker of the Lok Sabha.
- Timing of the Election: Conventionally, the election for the Deputy Speaker is held shortly after the Speaker is elected, usually during the very first session of the newly constituted Lok Sabha. However, there have been historical instances where the position has remained vacant for extended periods.
- Tenth Lok Sabha Convention: Up until the 10th Lok Sabha, both the Speaker and Deputy Speaker were typically chosen from the ruling party. A convention emerged from the 11th Lok Sabha onward that the Speaker is selected from the ruling party (or alliance), while the Deputy Speaker post is offered to the principal opposition party.
- Subordinate Only to the House: Once elected, the Deputy Speaker is not structurally subordinate to the Speaker. The Deputy Speaker is directly responsible to the Lok Sabha itself. When presiding over the house in the Speaker’s absence, they wield the exact same powers as the Speaker.
📌 Indian Polity • Parliament Procedures
Q.24) Under the Rules of Lok Sabha, the Speaker nominates from amongst the members a panel of chairpersons to preside when the Speaker and Deputy Speaker are absent. What is the maximum number of members in this panel?
Ans > 10
- Ensuring Continuous Operation: The panel of chairpersons is a procedural mechanism designed to ensure that the Lok Sabha can function continuously without interruption, even if both the Speaker and the Deputy Speaker are temporarily absent from the chamber during a sitting.
- Nomination, Not Election: The members of this panel are not elected by the House. The Speaker holds the exclusive right to nominate up to a maximum of 10 members from the Lok Sabha to serve on this panel, typically selecting experienced parliamentarians from various political parties.
- Powers While Presiding: When a member of the panel of chairpersons takes the chair, they possess all the constitutional powers of the Speaker for the duration of that sitting. Their rulings on points of order and parliamentary procedure are final and cannot be appealed to the Speaker later.
- Limitation During Vacancies: A critical constitutional rule applies to this panel: a member of the panel can only preside when the offices of the Speaker and Deputy Speaker are merely absent (empty chair). If the offices are fundamentally vacant (due to death, resignation, or removal), the panel cannot preside, and the President must appoint an interim presiding officer.
📌 Indian Polity • Presiding Officers
Q.25) As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a temporary Speaker known as:
Ans > Speaker Pro Tem
- Bridging the Transition: When a Lok Sabha is dissolved, the outgoing Speaker does not immediately vacate their office. They remain in position until the very moment before the first meeting of the newly elected Lok Sabha. The President then appoints a temporary “Speaker Pro Tem” to handle the immediate transition.
- Seniority Convention: By established parliamentary convention, the President usually appoints the most senior member of the newly elected Lok Sabha to act as the Speaker Pro Tem. “Seniority” in this context refers to the number of terms served in Parliament, not necessarily biological age.
- Administering Oaths: The primary, most vital duty of the Speaker Pro Tem is to administer the official oath of office to all the newly elected Members of Parliament. A member cannot officially take their seat, participate in debates, or vote until this oath is administered.
- Conducting the Speaker’s Election: The secondary responsibility of the Speaker Pro Tem is to preside over the House during the formal election of the new, permanent Speaker. The moment a new Speaker is successfully elected by the members, the office of the Speaker Pro Tem ceases to exist entirely.
📌 Indian Polity • Rajya Sabha
Q.26) Who acts as the ex-officio Chairman of the Rajya Sabha?
Ans > The Vice-President
- Ex-Officio Designation: The Constitution explicitly states that the Vice-President of India shall act as the ex-officio Chairman of the Rajya Sabha. “Ex-officio” means that they hold the position of Chairman automatically by virtue of holding the primary office of Vice-President.
- Not a Member of the House: Unlike the Speaker of the Lok Sabha, who is an elected member of the lower house, the Chairman of the Rajya Sabha (Vice-President) is not a member of the upper house. This structural design mirrors the United States, where the Vice-President presides over the Senate.
- Temporary Presidential Duties: If the office of the President falls vacant due to death, resignation, or removal, the Vice-President acts as the President. During this period, they cease to perform the duties of the Chairman of the Rajya Sabha and do not draw the salary associated with the Chairman’s office.
- Removal Nuances: To remove the Chairman of the Rajya Sabha, one must remove the Vice-President from office. This requires a resolution passed by an effective majority in the Rajya Sabha and subsequently agreed to by a simple majority in the Lok Sabha.
📌 Indian Polity • Presiding Officers
Q.27) Unlike the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha is NOT a member of the House. However, like the Speaker, he:
Ans > Cannot vote in the first instance, but exercises a casting vote in case of an equality of votes
- Maintaining Neutrality: Because the Vice-President (acting as Chairman) is not an elected member of the Rajya Sabha, they naturally do not possess the standard right to vote on legislation in the first instance. This restriction is crucial for maintaining the absolute neutrality of the presiding officer’s chair.
- The Power of the Casting Vote: Just like the Speaker of the Lok Sabha, the Chairman is constitutionally granted a “casting vote.” If a vote on a bill, resolution, or motion in the Rajya Sabha results in an exact tie, the Chairman exercises this casting vote to break the deadlock and resolve the issue.
- Differences from the Speaker: While they share the casting vote rule, their broader powers differ significantly. The Chairman does not have the constitutional authority to certify whether a bill is a Money Bill, nor do they ever preside over a joint sitting of Parliament—these are exclusive powers of the Lok Sabha Speaker.
- Voting During Removal: If a resolution for the removal of the Vice-President is actively under consideration in the Rajya Sabha, the Vice-President cannot preside over the session. Furthermore, unlike the Speaker (who gets a first-instance vote during their own removal), the Vice-President cannot vote at all during their removal proceedings, as they are not an MP.
📌 Indian Polity • Rajya Sabha
Q.28) The Deputy Chairman of the Rajya Sabha is elected by the:
Ans > Rajya Sabha itself from amongst its members
- Internal Election Process: Unlike the Chairman (Vice-President), who is elected by an electoral college of both houses, the Deputy Chairman is an internal officer of the upper house. They are elected exclusively by the Rajya Sabha from strictly amongst its own sitting members.
- Filling Vacancies Promptly: The Constitution mandates that whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha must elect another member to fill the vacancy as soon as possible. The exact date of this internal election is fixed by the Chairman of the Rajya Sabha.
- Full Presiding Powers: When the Chairman is absent, or when the Vice-President is acting as the President of India, the Deputy Chairman assumes the chair. While presiding, they hold all the powers of the Chairman, including the authority to cast a deciding vote in the event of a tie.
- Direct Subordination: The Deputy Chairman is not functionally subordinate to the Chairman; they are directly responsible to the Rajya Sabha. Furthermore, they maintain their status as a regular MP, meaning they can speak, participate in debates, and vote in the first instance when they are not physically sitting in the presiding chair.
📌 Indian Polity • Parliament Roles
Q.29) The ‘Leader of the House’ in the Lok Sabha is typically the Prime Minister (if he is a member). He can also nominate a minister who is a member of the Lok Sabha to function as the Leader. Is this office mentioned in the Constitution?
Ans > No, it is declared in the Rules of the House
- Extra-Constitutional Origin: The crucial political office of the “Leader of the House” is completely absent from the text of the Indian Constitution. It is entirely a creature of parliamentary procedure, specifically codified in the Rules of Procedure and Conduct of Business of the Lok Sabha and Rajya Sabha.
- Prime Ministerial Role: By default, if the Prime Minister is an elected member of the Lok Sabha, they automatically serve as the Leader of the House. They wield immense influence over legislative scheduling, government business, and advising the Speaker on parliamentary matters.
- Nomination Authority: If the Prime Minister is a member of the Rajya Sabha (as was the case with Dr. Manmohan Singh), they cannot act as the Leader of the House in the Lok Sabha. Instead, they must officially nominate a senior cabinet minister, who is an elected Lok Sabha member, to fulfill this vital role.
- Rajya Sabha Equivalent: The Rajya Sabha also has its own designated Leader of the House. This individual is invariably a senior minister, nominated by the Prime Minister, who is a member of the upper house and tasked with steering the government’s legislative agenda through that chamber.
📌 Indian Polity • Parliament Roles
Q.30) The leader of the largest Opposition party having not less than what fraction of seats of the total strength of the House is recognised as the leader of the Opposition in that House?
Ans > One-tenth
- The Quorum Rule Standard: To be officially recognized as the Leader of the Opposition, a political leader’s party must secure a minimum of one-tenth (10%) of the total strength of the House. In the Lok Sabha, this mathematical threshold equates to a strict minimum of 55 seats.
- Statutory Recognition: Unlike the Leader of the House, the office of the Leader of the Opposition eventually gained formal statutory recognition. This was achieved through the Salary and Allowances of Leaders of Opposition in Parliament Act, passed in 1977, which granted the office the rank, pay, and allowances equivalent to a Cabinet Minister.
- Constructive Criticism Role: The primary function of the Leader of the Opposition is to provide a cohesive, unified voice of constructive criticism against government policies and to provide the public with a viable alternative prime ministerial candidate (akin to the “Shadow Prime Minister” in the UK).
- Consequences of Falling Short: If no single opposition party manages to cross the one-tenth seat threshold in a general election, the House officially functions without a recognized Leader of the Opposition. This occurred notably in the 16th and 17th Lok Sabhas, where the largest opposition party failed to win the requisite 55 seats.
📌 Quick Summary — Polity Set 68
- Parliament Structure: Part V of the Constitution covers the organisation and procedures of Parliament.
- Constituents: Parliament consists of the President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).
- Rajya Sabha Nominations: The President nominates 12 members with expertise in Art, Literature, Science, and Social Service.
- Seat Allocation: The Fourth Schedule details Rajya Sabha seat distribution based on population.
- Rajya Sabha Elections: Members are indirectly elected by MLAs via proportional representation.
- Lok Sabha Strength: The maximum constitutional limit for state representatives is 530.
- Voting Age: The 61st Amendment Act (1988) reduced the voting age from 21 to 18 years.
- Rajya Sabha Tenure: It is a permanent body, with one-third of its members retiring every two years.
- Emergency Extension: Lok Sabha’s term can be extended by one year at a time during a National Emergency.
- Age Requirements: Minimum 30 years for Rajya Sabha, 25 years for Lok Sabha.
- Elector Status: A candidate must be a registered elector in any parliamentary constituency (RPA 1951).
- Criminal Disqualification: Conviction leading to a sentence of 2 or more years instantly disqualifies an MP.
- Anti-Defection: The presiding officer (Speaker/Chairman) decides disqualification under the Tenth Schedule.
- Absence: The House can declare a seat vacant if a member is absent for 60 continuous days.
- Speaker Election: The President fixes the date for the Lok Sabha Speaker’s election.
- Resignation: The Speaker addresses their resignation letter to the Deputy Speaker.
- Removal Notice: Moving a resolution to remove the Speaker requires a 14-day advance notice.
- Presiding during Removal: The Speaker cannot preside but can speak and vote in the first instance.
- Joint Sittings: Always presided over by the Speaker of the Lok Sabha.
- Money Bills: The Speaker has final authority in certifying Money Bills.
- Casting Vote: The Speaker uses a casting vote solely to break an equality of votes (tie).
- Deputy Speaker: The Speaker fixes the date for electing the Deputy Speaker.
- Panel of Chairpersons: The Speaker nominates a maximum of 10 members to preside when absent.
- Speaker Pro Tem: Appointed by the President to swear in new members and conduct the Speaker’s election.
- Rajya Sabha Chairman: The Vice-President acts as the ex-officio Chairman.
- Chairman’s Vote: Exercises only a casting vote in case of a tie (not a first instance vote).
- Deputy Chairman: Elected internally by the Rajya Sabha members.
- Leader of the House: Originates from the Rules of the House, not the Constitution.
- Leader of the Opposition: Must lead a party holding at least one-tenth of total House seats.
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