1. Which of the following refers to the termination of a session of a House of Parliament?
(b) Adjournment sine die
- A session of Parliament consists of many meetings.
- Each meeting of a day consists of two sittings, a morning sitting and a post-lunch sitting.
- A sitting of Parliament can be terminated by adjournment or adjournment sine die or prorogation or dissolution (in the case of the Lok Sabha).
- The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed.
- Within the next few days, the President issues a notification for prorogation of the session.
- However, the President can also prorogue the House while in session.
- Unlike an adjournment, prorogation not only terminates a sitting but also a session of the House. Hence,option c is correct.
- Adjournment sine die means terminating a sitting of Parliament for an indefinite period.
- So, when theHouse is adjourned without naming a day for reassembly, it is called adjournment sine die.
- On the other hand, an adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks.
- The power of adjournment as well as adjournment sine die lies with the presiding officer of the House. He can also 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.
- Rajya Sabha, being a permanent House, is not subject to dissolution.
- Only the Lok Sabha is subject to dissolution.
- Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after general elections are held.
2. Legislative Council enjoys equal status as that of Legislative Assembly with respect to:
- Voting on the demands for grants.
- Ratification of Constitutional Amendment Bills
- Selection and allocation of rank to ministers.
- Approval of ordinances issued by the governor.
(a) 1 and 2 only
(b) 3 and 4 only
(c) 1 and 3 only
(d) 2 and 4 only
- The constitutional position of the council (as compared with the assembly) can be studied from two angles: A. Spheres where council is equal to assembly. B. Spheres where council is unequal to assembly.
- In the following matters, the powers and status of the council are broadly equal to that of the assembly:
- Introduction and passage of ordinary bills. However, in case of disagreement between the two Houses, the will of the assembly prevails over that of the council.
- Approval of ordinances issued by the governor.
- Selection of ministers including the chief minister. Under the Constitution, the ministers including the chief minister can be members of either House of the state legislature. However, irrespective of their membership, they are responsible only to the assembly.
- Consideration of the reports of the constitutional bodies like State Finance Commission, state public service commission and Comptroller and Auditor General of India.
- Enlargement of the jurisdiction of the state public service commission.
- In the following matters, the powers and status of the council are unequal to that of the assembly:
- A Money Bill can be introduced only in the assembly and not in the council.
- The council cannot amend or reject a money bill.
- It should return the bill to the assembly within 14 days, either with recommendations or without recommendations.
- The assembly can either accept or reject all or any of the recommendation of the council.
- In both the cases, the money bill is deemed to have been passed by the two Houses.
- The final power to decide whether a particular bill is a money bill or not is vested in the Speaker of the assembly.
- The final power of passing an ordinary bill also lies with the assembly.
- At the most, the council can detain or delay the bill for the period of four months—three months in the first instance and one month in the second instance.
- In other words, the council is not even a revising body like the Rajya Sabha; it is only a dilatory chamber or an advisory body.
- The council can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the assembly).
- The council has no effective say in the ratification of a constitutional amendment bill.
- In this respect also, the will of the assembly prevails over that of the council.
- Finally, the very existence of the council depends on the will of the assembly.
- The council can be abolished by the Parliament on the recommendation of the assembly.
3. Supreme Court has the power to hear the disputes in the first instance regarding the election of:
Select the correct answer using the code given below.(a) 1 and 3 only. (b) 2 and 3 only. (c) 1 and 2 only (d) 1, 2 and 3
- The Supreme Court decides the disputes regarding the election of the President and the Vice-president.
- In this regard, it has the original, exclusive and final authority.
- Under the original jurisdiction of a high court, it has to hear disputes in the first instance, not by way of appeal which extends to disputes relating to the election of members of Parliament and state legislatures.
- Hence, option(c) is correct.
4. With reference to Public Account of India, consider the following statements:
- All the loans raised by the government by the issue of treasury bills form a part of Public account of India.
- Payment from this account can be made without parliamentary appropriation.
Which of the statements give above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
- Statement 1 is not correct: Consolidated Fund of India is a fund to which all receipts are credited and all payments are debited. In other words, (a) all revenues received by the Government of India; (b) all loans raised by the Government by the issue of treasury bills, loans or ways and means of advances; and (c) all money received by the government in repayment of loans forms the Consolidated Fund of India.
- Statement 2 is correct: All other public money (other than those which are credited to the Consolidated Fund of India) received by or on behalf of the Government of India shall be credited to the Public Account of India. This includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances and so on. This account is operated by executive action, that is, the payments from this account can by made without parliamentary appropriation. Such payments are mostly in the nature of banking transactions.
5. With respect to the Inter-state council, consider the following statements:
- It is established once every five years by the President to effect coordination among the states and between centre and states.
- Its nature of duties to be performed and its organisation and procedure is defined by the Parliament.
- It can enquire and give binding decisions on inter-state disputes.
Which of the statements given above is/are correct?
- Article 263 contemplates the establishment of an Inter-State Council to effect coordination among the states and between Centre and states.
- Thus, the President can establish such a council if at any time it appears to him that the public interest would be served by its establishment.
- He can define the nature of duties to be performed by such a council and its organisation and procedure. Hence, statements 1 and 2 are not correct.
- The council’s function to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction under Article 131 to decide a legal controversy between the governments.
- The Council can deal with any controversy whether legal or non-legal, but its function is advisory unlike that of the court which gives a binding decision. Hence, statement 3 is not correct.
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