Rajya Sabha defections, constitutional questions

❌ Statement I: Incorrect
The decision on disqualification under the Tenth Schedule is made by the Speaker or Chairman, not the President or the Union Council of Ministers. ❌ Statement II: Incorrect
The word ‘political party’ is explicitly mentioned in the Tenth Schedule of the Constitution. Therefore, neither statement is correct.

The Tenth Schedule of the Constitution of India contains provisions regarding anti-defection. The Tenth Schedule, also known as the Anti-Defection Law, was added to the Constitution through the 52nd Amendment Act in 1985. It lays down the process by which legislators may be disqualified on the grounds of defection from the political party they were elected under.

The Rajya Sabha and the Lok Sabha, the two houses of India's Parliament, have different powers and functions. While the Lok Sabha is the lower house with members directly elected by the people, the Rajya Sabha is the upper house with members indirectly elected by the states. However, when it comes to amending the Constitution, both houses have equal powers. According to Article 368 of the Indian Constitution, any amendment to the Constitution requires the approval of both the Rajya Sabha and the Lok Sabha. Therefore, for a constitutional amendment to be valid, it must be approved by both houses of Parliament, giving them equal powers in the process.

Statement 1 is Correct: The key difference lies in Parliamentary Supremacy. In the British model, Parliament is considered sovereign. This means its legislative powers are supreme, and its laws cannot be challenged by any other body. In India, the Constitution is supreme. Parliament's power to legislate is limited by the Constitution. The judiciary can review laws passed by Parliament and strike them down if they violate the Constitution. Statement 2 is also Correct: This is a specific example of the limitation on Parliament's power in India. The Constitution Bench of the Supreme Court has the authority to review amendments made to existing laws (Acts) and determine if they are constitutional. This power of judicial review ensures the Constitution remains the supreme law.

Article 368 of the Indian Constitution outlines the process for amending the Constitution. It grants Parliament the authority to amend any provision of the Constitution by way of: 1. Addition * Parliament can add new provisions or articles to the Constitution that were not originally included. This allows the Constitution to evolve by incorporating new concepts or requirements. * Example: The 93rd Amendment Act, 2005 added Article 15(5), which allows for reservations in educational institutions for backward classes. 2. Variation * Parliament has the power to modify or alter existing provisions of the Constitution. This means changes can be made to existing articles without removing them entirely. * Example: The 42nd Amendment Act, 1976 altered several provisions, including changes to the Preamble and the relationship between the President and Parliament. 3. Repeal * Parliament can also repeal provisions of the Constitution, effectively removing them. This allows for the removal of outdated or irrelevant provisions. * Example: The 26th Amendment Act, 1971 abolished the privy purse that was being paid to former rulers of princely states. _Therefore, the correct answer is All of the above (1, 2, and 3)._

* Statement 1 is incorrect: There is no specific information available about which Lok Sabha session the provisions will be implemented.  * Statement 2 is correct: The reservation will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament. * Statement 3 is also correct: In the seats reserved for SCs/STs, the Bill sought to provide one-third of the seats to be reserved for women on a rotational basis.

* The right to vote and to be elected in India is a constitutional right, enshrined in Article 326 of the Indian Constitution. * Article 326 grants the right to vote to every Indian citizen based on universal adult suffrage, ensuring that elections to the Parliament and State Legislatures are conducted democratically. * The Constitution (Sixty-first Amendment) Act, 1988, reduced the minimum voting age for elections to the Lok Sabha and State Legislative Assemblies from 21 years to 18 years. This amendment aimed to enhance youth participation in the electoral process and strengthen democratic representation. * While the right to vote is a constitutional right, it is subject to reasonable restrictions based on factors such as non-residence, unsoundness of mind, crime, or corrupt practices as prescribed by law.

Statement 1 is incorrect. A Constitution Amendment Bill can be introduced either by a minister or by a private member and does not require prior permission from the President. Statement 2 is correct. The 24th Amendment of the Indian Constitution amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution and the President is obliged to give his/her assent. Statement 3 is also correct. A Constitution Amendment Bill must be passed by a special majority in both houses and there is no provision for a joint sitting in case of disagreement. So, the second and third statements are correct.

As per Article 249 of the Indian Constitution, the Parliament of India can legislate on a subject in the State List if the Rajya Sabha passes a resolution stating that it is necessary in the national interest. This resolution must be approved by a majority of not less than two-thirds of the members present and voting. Once passed, this resolution empowers Parliament to make laws on the specified subject for a period of one year, which can be extended further by passing another resolution.

Statement 1 is incorrect: Under Article 89 of the Constitution, the Vice-President is the ex-officio Chairman of the Rajya Sabha and is not a member of the House. However, the Deputy Chairman is elected by the Rajya Sabha from among its members. Therefore, the Deputy Chairman is a member of the House, making the statement "both are not members" factually wrong. Statement 2 is correct: The Electoral College for the President (Article 54) includes only elected members of Parliament. However, the Electoral College for the Vice-President (Article 66) consists of all members of both Houses of Parliament, including nominated members.