History & Civics — Sample Question Bank

Original

Reason — Matters relating to State revenue and its collection fall under the Original Jurisdiction of the High Court, as such cases can be heard and decided by it in the first instance.

(i) The two Houses of Parliament enjoy equal power and status in the following matters:

1. Legislative Powers — All Bills other than Money Bills may originate in either House, and no Bill can become a law unless it is passed by both the Houses.
2. Judicial Powers — Both Houses have equal powers in the impeachment of the President and in the removal of the Judges of the Supreme Court and the High Courts. Impeachment can be initiated in either House and the other House has an equal say in the judgement.
3. Amendment of the Constitution — An amendment must be passed by each House by a majority of its total membership and by a two-thirds majority of the members present and voting.

(ii) The members of the Rajya Sabha are elected by the elected members of the Legislative Assemblies of the States, in accordance with the system of proportional representation by means of a single transferable vote. The representatives of the Union Territories are chosen in such a manner as Parliament may prescribe.

Two exclusive powers of the Rajya Sabha are:

1. The Rajya Sabha may, by a resolution supported by not less than two-thirds of the members present and voting, declare that Parliament should make laws on a matter in the State List in the national interest. This resolution can be passed only by the Rajya Sabha.
2. The Rajya Sabha may similarly declare, by a two-thirds majority, that it is necessary in the national interest to create a new All-India Service, after which Parliament may create such a service.

(iii) Parliament exercises control over the Executive in the following ways:

1. Interpellation — Devices such as the Question Hour, Calling Attention Notices and Half-an-Hour Discussion enable members to seek information from the government about its policies and performance.
2. Vote of No-Confidence — The Council of Ministers is collectively responsible to the Lok Sabha. If a No-Confidence Motion is passed, the government has to resign.
3. Other Motions of Censure — An Adjournment Motion, a censure motion against a minister, the rejection of a Government Bill or the passing of a private member's Bill against the wishes of the Government all amount to no-confidence in the government.
4. Monetary Control — During the budget session a cut motion may be moved. The Parliamentary Committee on Public Accounts examines the reports of the Comptroller and Auditor-General of India and ensures that public money is spent in accordance with Parliament's decisions.

Lok Sabha

Reason — The ministers remain in office until they enjoy the confidence of majority of members in the Lok Sabha. If a vote of no-confidence is passed in the Lok Sabha against the Prime Minister, or the Ministry as a whole or any of its members, the whole Ministry has to resign.

(i) Three circumstances under which the Parliament can make laws on subjects in the state list are:

1. During a National Emergency: During a national emergency, Parliament has the power to make laws on any matter in the State List for the whole or any part of the territory of India.
2. When Two or More States Pass a Resolution: If two or more states pass a resolution requesting Parliament to legislate on a subject in the State List, Parliament can make laws regulating that matter. Such laws apply only to the states that have passed the resolution.
3. Agreement Between States: If two or more states request Parliament to legislate on a State List subject, the Parliament can make laws on that particular subject.

(ii) (a) Question Hour — The first hour of a sitting in both Houses is allotted for asking and answering of questions. The questions are asked to obtain information on a matter of public importance or to highlight a grievance. It is a valuable device against injustice and slackness of the government.

(b) Quorum — The Quorum means the minimum number of members required to be present in order to conduct a sitting or enable the business of the House. It is fixed at 1/10th of the total membership of each House.

(c) No Confidence Motion — If a Government acts against the Constitutional provisions, it can be voted out of office by passing a vote of no-confidence against the Prime Minister, or the Ministry as a whole or any of its members. In such a case, the whole Ministry has to resign.

(iii) During the proclamation of an emergency the period of the Lok Sabha may be extended by Parliament for one year at a time.

Three powers of the Lok Sabha which show its superiority over the Rajya Sabha are:

1. The Prime Minister and his Council of Ministers are responsible to the Lok Sabha. If the Lok Sabha passes a vote of no-confidence against the Council of Ministers, they must resign. However, the Rajya Sabha (Upper House) cannot pass a vote of no-confidence against the Council of Ministers. The no-confidence motion is exclusively a power of the Lok Sabha.
2. A Money Bill can only be introduced in the Lok Sabha. The Rajya Sabha may only offer suggestions which may or may not be accepted by Lok Sabha. If the Money Bill is not returned by the Rajya Sabha within 14 days, it is taken as it has been passed by the Rajya Sabha.
3. Any ordinary law needs to be passed by both the Houses, but in case of conflict, the view of Lok Sabha prevails because it has a large number of members.

Parliament

Reason — The Parliament decides the salaries and allowances of its members and other dignitaries such as the ministers.

(i) The Rajya Sabha is a permanent House as it cannot be dissolved like the Lok Sabha. Each member of the Rajya Sabha is elected for a period of six years. One-third of the total members of the House retire after every two years.

(ii) Composition of the Rajya Sabha — The maximum strength of the Rajya Sabha can be 250 members, out of which -

1. 12 members are nominated by the President from among persons having special knowledge or practical experience in matters such as literature, science, art and social service.
2. 238 members are elected by the States in the Union. Seats are allocated to the States and the Union Territories on the basis of their population.

(iii) Two exclusive powers of the Lok Sabha —

1. Motions of No-confidence against the government can only be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the Council of Ministers resign collectively. The Rajya Sabha has no power over such a motion, and hence no real power over the executive.
2. Money bills can only be introduced in the Lok Sabha, and upon being passed, are sent to the Rajya Sabha, where it can be deliberated on for up to 14 days.

Two exclusive powers of the Rajya Sabha —

1. Though the Parliament cannot, in normal times, make laws on a states subject, the Constitution states that under Article 249, the Rajya Sabha may, by resolution adopted by two-thirds majority empower the Parliament should make laws with respect to a matter in the State List. The Lok Sabha has no authority to assert itself in such matters.
2. The other special power enjoyed by the Rajya Sabha is that it may declare that the creation of new All-India Services be made in the national interest. There upon Parliament may create new services.

Six

Reason — All Ordinances must be put up before both the Houses for their approval. Ordinances cease to operate after six weeks from the re-assembly of Parliament, unless they are approved by the Houses.

(a) Three qualifications required to contest elections for the Lok Sabha are:

1. He should be a citizen of India.
2. He should be at least 25 years old.
3. He should have his name in the electoral rolls in any part of the country.

(b) Three legislative powers of the Union Parliament are:

1. The Parliament is the law-making body at the central level. It frames new laws and amends or repeals them, if necessary, on all the 97 Subjects of the Union List and all the Residuary Subjects which have not found a place in any of the lists.
2. As far as the 47 Subjects in the Concurrent List are concerned, both the Parliament and the State Legislatures have got the right to make laws. But if any State Law comes into conflict with the Central Law, the Central Law shall prevail.
3. All ordinances issued by the President must be approved by Parliament within six weeks after its session has begun, failing which an ordinance lapses.

(c) The Parliament exercises control over the Executive in the following ways:

1. Question Hour: An hour a day in the daily routine of the Parliament, when in session, is reserved for asking questions from the Government. The members can ask any questions relating to the administration and policies and the Ministers are obliged to answer them.
2. Vote of No-Confidence: The Council of Ministers remains in office only so long as it enjoys the confidence of the Lok Sabha. If a No-Confidence Motion is passed, the Council of Ministers must resign.
3. Other Motions of Censure: The Parliament exercises its control over the Government by a number of other motions also which, if passed, amount to no-confidence. They include adjournment motions, motions of censure against a minister or ministers, rejection of a Government Bill and passing of a private member's bill against the wishes of the Government.
4. Monetary Controls: The Parliament can hold the strings of the Government tight by voting a cut in the annual or supplementary budget or a cut in the salaries of the Ministers. It also appoints the Public Accounts Committee to examine the mode of government expenditure.

P and R

Reason — The Rajya Sabha has the exclusive power to declare, by a resolution supported by not less than two-thirds of the members present and voting, that it is necessary in the national interest to create a new All India Service. It is also a permanent House and cannot be dissolved as a whole; one-third of its members retire every two years.

(i) The Lok Sabha has special powers which make it more powerful than the Rajya Sabha. These special powers are:

1. A Motion of No-Confidence against the government can be introduced and passed only in the Lok Sabha. If it is passed, the Prime Minister and the Council of Ministers resign collectively. The Rajya Sabha cannot remove the Council of Ministers through such a motion.
2. A Money Bill can be introduced only in the Lok Sabha. The Rajya Sabha cannot reject or amend it and can only make recommendations within 14 days.
3. In case of a deadlock between the two Houses over an Ordinary Bill, the decision of the Lok Sabha normally prevails in a joint sitting because of its greater numerical strength.

(ii) The Chairman of the Rajya Sabha, who is the Vice-President of India, can adjourn the House or its sitting sine die.

Composition of the Rajya Sabha —
The maximum strength of the Rajya Sabha is 250 members, of whom:

1. 12 members are nominated by the President from among persons having special knowledge or practical experience in literature, science, art and social service.
2. Up to 238 members represent the States and Union Territories. Seats are allocated to the States and Union Territories on the basis of their population.

(iii) Four legislative powers of the Union Parliament are:

1. Matters in the Union List — Parliament has exclusive power to make laws on subjects in the Union List, such as Defence, Banking, Communications and Foreign Affairs.
2. Matters in the Concurrent List — Parliament and the State Legislatures can both make laws on subjects in the Concurrent List. In case of a conflict, the Union law generally prevails.
3. Residuary Powers — Parliament can make laws on subjects that are not included in the Union, State or Concurrent Lists.
4. Matters in the State List under special circumstances — Parliament can legislate on subjects in the State List during a National Emergency, when the Rajya Sabha passes a resolution by a two-thirds majority in the national interest, or when two or more States request Parliament to make a law on a State subject.