Parliament MCQ Quiz - Objective Question with Answer for Parliament - Download Free PDF

Key Points

Declaration of National Emergency (Article 352):

• Grounds for Emergency: The President can declare a national emergency when India’s security or a part of it is threatened by:

  • War

  • External Aggression

  • Armed Rebellion

  • The President may declare an emergency even before the actual occurrence of these threats if imminent danger is perceived.

• Types of National Emergency:

  • External Emergency: Declared due to war or external aggression.

  • Internal Emergency: Declared due to armed rebellion.

Proclamation Details:

• A national emergency can apply to the entire country or just a part of it (as per the 42nd Amendment Act of 1976).

• The 44th Amendment Act of 1978 replaced "internal disturbance" with "armed rebellion" as a ground for declaring an emergency, making it more specific.

Cabinet Recommendation:

• The President can proclaim a national emergency only after receiving a written recommendation from the cabinet (introduced by the 44th Amendment Act of 1978), ensuring cabinet concurrence and not just the Prime Minister’s advice.

Judicial Review:

• The 38th Amendment Act of 1975 had made emergency declarations immune from judicial review, but this provision was deleted by the 44th Amendment Act of 1978.

• The Minerva Mills Case (1980) upheld that the proclamation could be challenged in court if found to be malafide or based on irrelevant facts.

Parliamentary Approval and Duration:

• Approval: The emergency must be approved by both Houses of Parliament within one month (reduced from two months by the 44th Amendment Act of 1978).

• •  

    This means that a national emergency can be proclaimed only on the decision of the executive for the first month of its proclamation. But, before the expiry of 1 month, the executive must take legislative approval for its further continuation with an Absolute majority + 2/3rd of members present and voting.

    Hence, statements 1 and 2 are CORRECT.

    If Lok Sabha is dissolved, the proclamation survives until 30 days after the first sitting of the reconstituted Lok Sabha, as long as Rajya Sabha approves it.

  • Hence, statement 3 is CORRECT.

• Duration: If approved, the emergency continues for six months and can be extended with Parliamentary approval for another six months, and so on.

  • A special majority is required for approval or extension (introduced by the 44th Amendment Act of 1978).

Revocation of Proclamation:

• The President can revoke a national emergency at any time by issuing a subsequent proclamation without needing Parliamentary approval.

• Hence, statement 4 is INCORRECT.

• If the Lok Sabha disapproves the emergency, the President must revoke it.

• A special sitting of Lok Sabha can be called within 14 days to consider disapproving the proclamation if one-tenth of the members give a written notice.

Effects of National Emergency:

1. Effect on Centre-State Relations:

   • The Centre gains control over state governments, allowing the Centre to direct the state governments on any matter (not just specified matters).

   • Legislative: Parliament can make laws on state subjects, overriding state legislatures.

   • Financial: The President can modify the financial distribution between the Centre and states, reducing or canceling financial transfers from the Centre to states.

2. Effect on the Life of Lok Sabha and State Assemblies:

   • The term of the Lok Sabha can be extended beyond five years, up to one year at a time during the emergency, but not beyond six months after the emergency ends.

   • Similarly, state legislative assemblies can have their terms extended by one year each time, subject to a maximum of six months after the emergency.

3. Effect on Fundamental Rights:

   • Article 358: Automatically suspends Fundamental Rights under Article 19 (related to freedom of speech, assembly, etc.) during a national emergency declared due to war or external aggression.

     • 44th Amendment Act of 1978: Restricted the suspension of Article 19 to emergencies declared due to war or external aggression only, and not on the grounds of armed rebellion.

   • Article 359: Allows the suspension of the right to move the court for the enforcement of fundamental rights (except Articles 20 and 21) during an emergency.

     • 44th Amendment Act of 1978: Ensures that Articles 20 (protection against ex-post facto laws) and 21 (right to life and personal liberty) remain enforceable even during an emergency.

Special Provisions:

• Article 358: Suspension of Fundamental Rights under Article 19 during emergencies declared due to war or external aggression. Any law or executive action inconsistent with Article 19 is protected from being challenged.

• Article 359: Suspension of enforcement of specified Fundamental Rights, allowing laws or executive actions inconsistent with those rights. The suspension can only apply to rights specified in the Presidential order.

The Correct answer is 3-4-2-1

Key Points

•  
• The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act.
• The Forty-fourth Amendment of the Constitution of India, officially known as the Constitution (Forty-fourth Amendment) Act, 1978

The correct answer is Six years.

Key PointsRajya Sabha:

• Article 80 of the constitution prescribes a maximum strength of 250 members of the Rajya Sabha,
• Of which 12 members are nominated by the President and 238 are the representatives of the Member States and the Union Territories.
• The members nominated by the President shall be persons who have special knowledge or practical experience in respect of subjects such as literature, science, arts, and social service.
• The current strength of Rajya Sabha is 245, out of which 233 are representatives of Member States and Union Territories of Delhi and Puducherry, and 12 are nominated by the President.
• Rajya members are elected for a term of 6 years.
• The Fourth Schedule to the Constitution provides for the allocation of seats to the States and Union Territories in the Rajya Sabha.

• The allocation of places is done on the basis of the population of each state.
• Representatives of States and Union Territories in the Rajya Sabha are elected by the indirect electoral system.
• The Rajya Sabha is a permanent house and does not dissolve.
• However, one-third of the members of the Rajya Sabha retire after every two years.
• The Second House in India began with the 1919 Montague-Chelmsford Report.

​Thus, the members of Rajya Sabha an elected for the term of 6 years.

Additional Information 

• The Deputy Chairman of the Rajya Sabha presides over the proceedings of the Rajya Sabha in the absence of the Chairman of the Rajya Sabha.
• The Deputy Chairman is elected internally by the Rajya Sabha.
• The Vice President of India is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions.

The correct answer is Parliament

Key Points

• Parliament
  • ​The Republic of India's highest legislative body is the Indian Parliament.
  • The Rajya Sabha (Council of States) and the Lok Sabha are the two houses that make up India's bicameral legislature (House of the People).
  • The president has full authority to call a session of either house of Parliament, prorogue it, or dissolve the Lok Sabha in his capacity as head of the legislature.
  • Only on the advice of the prime minister and his Union Council of Ministers can the president utilise these powers.

Additional Information

• The members of the Rajya Sabha are chosen by the members of all state legislative assemblies via proportional representation, whereas the members of the Lok Sabha are chosen by the Indian population directly through voting in single-member districts.
• The authorised membership of the Parliament is 543 in the Lok Sabha and 245 in the Rajya Sabha, including 12 candidates with experience in a variety of literary, artistic, scientific, and social service disciplines. In New Delhi's Sansad Bhavan, the Parliament convenes.

The correct answer is Speaker of Lok Sabha.Key Points

• The Speaker of the Lok Sabha is elected by the members of the Lok Sabha from amongst themselves.
• They are responsible for the conduct of business of the house, and they have the final say in all parliamentary debates.
• The Speaker ensures the discipline and decorum of the house and has the power to adjourn the house in case of any disturbance.
• Upon election, the Speaker has to remain impartial and renounce all political affiliations.

Additional Information

• Rule 193 (of the Rules of Procedure and Conduct of Business in Lok Sabha) does not involve a formal motion before the Parliament House, hence no voting can take place after the discussion on matters under this rule.
• Rule 184 allows voting but rule 193 doesn't.
• Lok Sabha is the lower house of the Parliament, while Rajya Sabha is the upper house.

The correct answer is a simple majority of its members.

• Parliament can Amend the provision on the official language of India under the Constitution by a simple majority of its members.

Key Points

• Eighth Schedule and related Constitutional Provisions​
• Part XVII of the Indian constitution deals with the official languages in Articles 343 to​​ 351.
• The Constitutional provisions related to the Eighth Schedule are:
  • Article 344: Article 344(1) provides for the constitution of a Commission by the President on the expiration of five years from the commencement of the Constitution.
  • Article 351: It provides for the spread of the Hindi language to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India.
• Hence option 1 is correct.

Additional Information 22 Official Languages

• The Eighth Schedule to the Constitution consists of the following 22 languages:
• Assamese, Bengali, Gujarati, Hindi, Kannada,  Kashmiri,  Konkani, Malayalam, Manipuri,  Marathi,  Nepali,  Oriya,  Punjabi,  Sanskrit,  Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili, and  Dogri.
• Of these languages, 14 were initially included in the Constitution.
  • The Sindhi language was added by the 21st Amendment Act of 1967.
  • Konkani, Manipuri, and Nepali were included by the 71st Amendment Act of 1992.
  • Bodo, Dogri, Maithili, and Santhali were added by the 92nd Amendment Act of 2003.

The correct answer is Article 85.

Key Points

• Article 79 to Article 122 in Part V of the constitution deals with the procedures, and powers, of the Parliament.
• Article 85 deals with sessions of Parliament, its prorogation, and dissolution.
• Sessions of the Parliament:
  • ​Summoning: President summons both houses and usually there are three sessions in a year though not compulsory
    • Budget session: February to May
    • Monsoon session: July to September
    • Winter session: November to December
    • The maximum gap between two sessions should not be more than 6 months.
  • Adjournment: Suspends the work for a specific time in a sitting which may be for hours, days or weeks.
  • Adjournment Sine Die: Terminates the sitting of Parliament for an indefinite period.
  • Prorogation: President may not only terminates a session but also a session of the House. It does not affect the bills or any other business pending before the house.
  • Dissolution: Irrevocable process and only Lok Sabha is subjected to it. President decides to dissolve the house.

Additional Information

The correct answer is Leaders of Opposition in Parliament.

Key Points

• The salary and allowances of leaders of opposition in parliament are governed by the Act passed for the first time by the parliament in the year 1977.
• Leader of the Opposition:
  • In each House of Parliament, there is the 'Leader of the Opposition'.
  • The leader of the largest Opposition party having not less than one-tenth of the seats of the total strength of the House is recognized as the leader of the Opposition in that House opposition cabinet. 
  • In a parliamentary system of government, the leader of the opposition has a significant role to play.
  • His main functions are to provide constructive criticism of the policies of the government and to provide an alternative government.
  • Therefore, the leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977.
  • They are also entitled to the salary, allowances, and other facilities equivalent to that of a cabinet minister. 
  • It was in 1969 that an official leader of the opposition was recognized for the first time.

Additional Information

• The same functionary in the USA is known as the 'minority leader'.
• The British political system has a unique institution called the 'Shadow Cabinet'.
• It is formed by the Opposition party to balance the ruling cabinet and to prepare its members for future ministerial offices.
• In this shadow cabinet, almost every member in the ruling cabinet is 'shadowed' by a corresponding member in the opposition cabinet.
• This shadow cabinet serves as the 'alternate cabinet' if there is a change of government.
• That is why Ivor Jennings described the leader of the Opposition as the 'alternative Prime Minister'.
• He enjoys the status of a minister and is paid by the government.

The correct answer is 75.

Key Points

• The finance bill has to be passed by the Parliament within 75 days of its introduction.
• The Finance Bill can be introduced only in Lok Sabha.
  • However, the Rajya Sabha can recommend amendments to the Bill.
• It must be passed in Lok Sabha by a simple majority of all members present and voting.
• A Finance Bill is a Money Bill as defined in Article 110 of the Constitution.
• A Money Bill passed by the Lok Sabha is deemed to have been passed by the Rajya Sabha also when no action is taken by the Upper House within 14 days.

The correct answer is 1968.

• The Lokpal bill was first introduced in the parliament in 1968. 
• Its version was enacted in 2013, it was from a draft prepared in 2010.
• It is for the implementation of the Prevention of Corruption Act, 1988. 
• Justice Pinaki Chandra Ghose is the first Chairperson of the Lokpal.
• Justice Pinaki Chandra Ghose is a former Judge of the Supreme Court of India.
• He was also a sitting member of the National Human Rights Commission.

The correct answer is South Africa.

Key Points

• The provision of the election of members of Rajya Sabha in the Constitution of India was adopted from the Constitution of South Africa.
• Indian Constitution came into existence on 26th November 1949.
• The Constituent Assembly of India drafted the constitution considering features of constitutions of the other countries as well as from the Government of India Act 1935.
• There are various sources of the Indian constitution for some features of it are borrowed.​
• Constitution is drafted considering the historical perspective of Indian Nationalist struggles, the geographical diversity of India, and its traditions and characteristics which are totally different from any other nation.

Additional InformationBorrowed provisions of the constitution from different countries are given below:

The correct answer is  250.

Key Points

• The maximum permissible strength of the Rajya Sabha is 250.
• As per Article 80 of the Indian Constitution, the maximum permissible strength of the Upper House of the Parliament, i.e., Rajya Sabha is 250.
• Out of the total 250, 238 are representatives from the States and Union Territories and 12 are nominated by the President.
• Currently, the maximum strength for Rajya Sabha is 245, of which 233 are elected by the legislatures of the states and union territories and the remaining 12 are nominated by the President.
• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha, i.e., whosoever holds the office of Vice-President will automatically become the Chairman of the Rajya Sabha. Currently, Jagdeep Dhankhar is the Chairman of Rajya Sabha.

The correct answer is Lok Sabha

Key Points

• Article 75(3) of the Indian Constitution makes the council of ministers collectively responsible to the house of people or the​ Lok Sabha.
• 'Collective responsibility' means that the council of ministers is responsible for every action of the Government (Executive) as a single unit before the Lok Sabha as they act as a bridge between the Executive and the Legislature.
• In case a no-confidence motion is passed against the PM, the entire Government has to resign. 

Additional Information

• The First Lok Sabha was constituted on 17 April 1952 after India's first general election.
• First Session of this Lok Sabha commenced on 13 May 1952.
• The 1st Lok Sabha lasted its full tenure ;of five years and was dissolved on 4 April 1957.
• First Lok Sabha period - 13 May 1952- 4 April 1957
• First  Speaker - Shri G.V. Mavalankar
• First  Deputy Speaker - Shri M.A.Ayyangar
• First  Secretary-General - Shri M. N.Kaul

The correct answer is It should state the reasons for its adoption in the Lok Sabha.

Key Points

• With reference to the no-confidence motion, the statement that It should state the reasons for its adoption in the Lok Sabha is INCORRECT.
• No confidence motion is a motion that is introduced against the ruling government in the elected house i.e Lok Sabha or Vidhan Sabha and not in the upper house i.e Rajya Sabha or Vidhan Parishad.
• It is a special power vested in the hand opposition.
• The vote of a no-confidence motion is brought in Lok Sabha.
• In Parliament when a no-confidence motion is passed, the Government discontinues to adore the trust and confidence of the house and is thereafter removed.
• In this procedure, no-confidence voting is done against the Government by the Lok Sabha members.
• When a no-confidence motion is passed the President dissolves the Council of Ministers.
• The no-confidence motion is not mentioned in the Indian Constitution.
• Process for No Confidence Motion:
  • A Requirement for the introduction of no Confidence motion is given to the speaker of the house which is to be supported by a minimum of 50 members.
  • The speaker will give time within the next 10 days for discussion on the motion in the house.
  • After the discussion, the voting takes place.
  • If the No-Confidence Motion is passed in the house the Council of ministers must resign as they have lost the majority in the house.
  • If the NO Confidence motion is passed, then the President is not bound by the aid and advice of the defeated council of ministers.