Parliamentary System & Procedures

* Statement 1 is incorrect: If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory. * Statement 2 is correct: According to Article 75 of the Indian constitution, the council of ministers shall be collectively responsible to the Lok Sabha. It means that the ministry stays in office so long as it enjoys the confidence of the majority of the members of the Lok Sabha. * Statement 3 is incorrect: When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

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.

Statement 1 is incorrect: As per the Representation of the People Act, 1951, a candidate can contest from up to two constituencies in a Lok Sabha or Vidhan Sabha election. Statement 2 is possibly correct: The law allowing a candidate to contest from two constituencies was introduced in 1996. Before that, a candidate could contest from any number of constituencies. Therefore, in 1991, Shri Devi Lal could have contested from three constituencies. This statement is ambiguous. Statement 3 is incorrect: As per the existing rules, if a candidate contests from more than one constituency and wins in more than one, he/she has to vacate the seats in all but one constituency. The cost of the bye-elections to fill the vacated seats is borne by the public exchequer and not the party of the candidate. _NOTE: UPSC has deleted this question, probably based on the error in statement 2._

Option B is the correct answer. A parliamentary system of government is one in which the executive is responsible to the legislature. This responsibility means that the executive stays in power as long as it enjoys the confidence of the house. The moment the confidence is lost, it can be removed by Parliament by passing the no-confidence motion. This is the same feature which hampers the stability of the parliamentary system. Options A and C are incorrect. Parliamentary system functions irrespective of whether all parties have representation. The government is not directly elected by the people but indirectly through their representative in Parliament. Therefore, the instrument to remove the government through public vote is not available in the parliamentary system; this is a feature found in direct democracies. Option D is incorrect. It goes against the fundamental principle of parliamentary democracy which requires an executive responsible to the legislature. Therefore the correct answer is B.

Article 85(1) of the Constitution empowers the President to summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one Session and the date appointed for its first sitting in the next Session. So, the Constitution provides for the maximum gap between two sessions of Parliament, i.e. it cannot be more than six months. In other words, the Parliament should meet at least twice a year. Therefore the constitution prescribes a maximum gap but there is no minimum gap. So, statement 1 and 3 are correct, and 2 is not correct. Therefore the correct answer is (c).

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.

Qualifications a person should possess to become eligible for appointment as a minister are - He should be a citizen of India. - He should be above 25 years of age - He should not hold any office of profit under the government of India - If he is not a member of Parliament, then he should be elected to the Lok Sabha or the Rajya Sabha within six months after he is appointed a minister. Statement 1 is incorrect. A person is eligible to vote at the age of 18 years while it is necessary to have the age of 25 years to become a minister. Statement 2 is incorrect. Section 8 (3) of the RP Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release.

Statement 1 is correct: The MPLAD scheme lets MPs recommend works for local infrastructure and development needs in their constituency. The focus is on creating durable assets that benefit the community. Certain works are prohibited under MPLAD guidelines, which MPs must follow. Statement 2 is correct: The scheme requires MPs to allocate at least 15% of the MPLADS entitlement for the year to areas inhabited by the Scheduled Caste population and 7.5% for areas inhabited by the Scheduled Tribe population. If there are insufficient tribal populations in the MP's constituency, they can recommend this amount for the creation of community assets in tribal areas outside their constituency, but within their State of election. If a state does not have Scheduled Tribe inhabited areas, this amount can be utilized in Scheduled Caste areas. Statement 3 is incorrect: Funds released to the District Authority by the Government of India under the MPLAD scheme are non-lapsable, meaning that funds left in the district can be carried forward and utilized in subsequent years. Statement 4 is correct: The District Authority is responsible for coordinating and supervising the works under the scheme at the district level. They also inspect at least 10% of the works under implementation every year. Based on the above information, the correct answer is (d).

Statement 1 is correct: Article 176(1) of the Indian Constitution mandates that the Governor shall address both Houses of the State Legislature at the commencement of the first session after each general election to the State Assembly and at the commencement of the first session of each year. The Governor's address outlines the government’s policies, legislative agenda, and key priorities. This address is similar to the President’s address to Parliament under Article 87. Statement 2 is correct: When there is no rule on a particular subject in the State Legislature, under a convention since colonial times, state legislatures follow the rules of the Lok Sabha.

Statement 1 is Correct: The Parliament (Prevention of Disqualification) Act, 1959 was enacted to prevent disqualification of MPs and MLAs due to holding certain offices that are considered essential for governance. This Act exempts specific posts from disqualification under the Office of Profit clause, ensuring that legislators can hold certain government-appointed positions without losing their seats. Statement 2 is Correct: The 1959 Act has been amended 5 times to expand the list of exempted offices. Statement 3 is Incorrect: The Constitution of India does not explicitly define the term "Office of Profit." Instead, Articles 102(1)(a) and 191(1)(a) state that a person shall be disqualified from being a Member of Parliament or a State Legislature if they hold an Office of Profit under the government.