Parliamentary System & Procedures

The Cabinet form of Government is a fundamental feature of a parliamentary system, where the executive (Council of Ministers) is collectively responsible to the legislature. This principle is enshrined in Article 75(3) of the Indian Constitution, which states that the Council of Ministers shall be collectively responsible to the Lok Sabha. Key Aspects of Collective Responsibility: - Decisions of the Cabinet are binding on all ministers and even if they personally disagree, they must publicly support them. - If Parliament passes a vote of no confidence, the entire Council of Ministers, including the Prime Minister, must resign. - This ensures accountability, transparency, and democratic control, preventing arbitrary rule by the executive. Hence, the correct answer is option C.

* 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: Private member’s bills are introduced by Members of Parliament (MPs) who are not ministers i.e., they do not hold any position in the government. These bills allow non-ministerial MPs to propose legislative changes, reflecting their views or those of their political parties on important issues. Statement 2 is incorrect: While the passage rate of private member’s bills is very low, it is not true that no such bill has ever been passed in recent times. Since 1952, a total of 14 private member’s bills have been passed by Parliament. One of the most notable examples is the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1970, which was successfully enacted. However, the majority of private member’s bills fail to become law due to a lack of government backing, time constraints, or procedural hurdles. Hence, the correct answer is option (D) neither 1 nor 2.

The main advantage of a parliamentary form of government is that c) the executive remains responsible to the legislature. [Article 75(c)] Here's why the other options are not the main advantage: a) The executive and legislature actually work closely together in a parliamentary system, as the executive is drawn from the legislature.
b) Continuity of policy can be a benefit, but it's not the main advantage. Parliamentary systems can still be efficient in passing laws.
d) The head of government (Prime Minister) can be changed through a vote of no confidence in the legislature.

The statement 1 is incorrect. In India, the winning candidate is the one who receives the highest number of votes, which is also known as the first-past-the-post system. There is no requirement for the winning candidate to secure at least 50% of the votes polled. The statement 2 is also incorrect. The Constitution of India does not mandate that the Speaker's post goes to the majority party and the Deputy Speaker's post goes to the Opposition. The Speaker and Deputy Speaker are elected by the members of the Lok Sabha from amongst themselves. Therefore, neither of the statements is correct.

Statement 1 is Incorrect: A bill pending in the Lok Sabha does not lapse on prorogation. Prorogation refers to the formal end of a parliamentary session, but it does not affect the pending business of the House. When the Lok Sabha reconvenes in the next session, all pending bills remain active and can be resumed from where they were left. Statement 2 is Correct: A bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, does not lapse upon the dissolution of the Lok Sabha. This is because the Rajya Sabha is a permanent body that is not subject to dissolution. The new Lok Sabha can take up such bills from where they were left. Key Difference:
- Prorogation is a temporary suspension of parliamentary business; pending bills remain unaffected.
- Dissolution permanently ends the term of the Lok Sabha, causing pending bills in the Lok Sabha to lapse. However, bills in the Rajya Sabha do not lapse due to its continuous nature.

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.

When a bill is referred to a joint sitting of both houses of the Indian Parliament due to a deadlock, it requires a simpler majority for passage compared to a regular bill passed by each house individually. This provision helps break the impasse and allows for the bill's passage.

Statement 1 is Incorrect: The size of the Legislative Council of a state cannot be larger than one-third of the total membership of the Legislative Assembly. The Constitution sets a limit to ensure the dominance of the lower house (Legislative Assembly) in a bicameral legislature. Statement 2 is Incorrect: The Chairman of the Legislative Council is not nominated by the Governor. The members of the Legislative Council themselves elect the Chairman and Deputy Chairman. This ensures the independence of the Upper House from the executive branch (headed by the Governor).

Statement 1 is incorrect: Department of Economic Affairs prepares the Budget. Statement 2 is correct: As per Article 114 of the Constitution, the government can withdraw money from the Consolidated Fund only after receiving approval from Parliament. Statement 3 is incorrect: Public Accounts include 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 be made without parliamentary appropriation. Such payments are mostly like banking transactions. So, only the second statement is correct.