Q.1 Consider the following statements regarding ‘zero hour’ in the Lok Sabha / Rajya Sabha

1. This term does not find any mention in the Rules of Procedure and Conduct of Business in the Constitution of India

2. A number of members raise their matters of urgent public importance at 12:00 noon in the House which has been termed as zero hour

3. Proceedings of zero hour are not recorded in the House

4. A written reply is given to the member by a concerned Minister for the matter raised during zero hour

Select the correct answer from the code given below:

A) 1 & 2

B) 3 & 4

C)  2 only

D) 1 & 4

Ans.A

Question Hour: The first hour of every sitting of Parliament is generally reserved for the asking and answering of questions.

Zero Hour: The time immediately following the Question Hour has come to be known as “Zero Hour”. It starts at around 12 noon (hence the name) and members can, with prior notice to the Speaker, raise issues of importance during this time.

Typically, discussions on important Bills, the Budget, and other issues of national importance take place from 2pm onwards.

Q.2 Which one among the following statements regarding Half-an-Hour Discussion in the Lok Sabha is correct?

A) The Speaker may allot Half-an-Hour on three sittings in a week for raising discussions on matter of sufficient public importance

B) Half-an-Hour discussion is held every day in the House followed by a statement by the concerned Minister

C) Half-an-Hour discussion has to be completed by voting

D) Half-an-Hour discussion is taken up at 2:00 PM in the House

Ans.A

(1) The Speaker may allot half an hour on three sittings in a week, for raising discussion on a matter of sufficient public importance which has been the subject of a recent question, oral or written, and the answer to which needs elucidation on a matter of fact.

(2) A member wishing to raise a matter shall give notice in writing to the Secretary-General three days in advance of the day on which the matter is desired to be raised, and shall shortly specify the point or points that he wishes to raise:

Provided that the notice shall be accompanied by an explanatory note stating the reasons for raising discussion on the matter in question:

Provided further that if a notice is signed by more than one member it shall be deemed to have been given by the first signatory only:

Provided further that the Speaker may with the consent of the Minister concerned waive the requirement concerning the period of notice

(3) The Speaker shall decide whether the matter is of sufficient public importance to be put down for discussion, and may not admit a notice which, in his opinion, seeks to revise the policy of Government.

(4) If more than two notices have been received and admitted by the Speaker, the Secretary-General shall hold a ballot with a view to draw two notices and the notices shall be put down in the order in which they were received in point of time:

Provided that if any matter put down for discussion on a particular day is not disposed of on that day it shall not be set down for any other day, unless the member so desires, in which case it shall be included in the ballot for the next available day.

(5) There shall be no formal motion before the House for voting. The member who has given notice may make a short statement and the *1[members who have previously intimated to the Speaker may ask a question for the purpose of further elucidating any matter of fact. Thereafter, the Minister shall reply shortly:]

Provided that not more than four members who have previously intimated to the Secretary-General may be permitted to ask a question each for the purpose of further elucidating any matter of fact.

Explanation.- A member wishing to ask a question shall make such request in writing before the commencement of the sitting at which the discussion is to take place. If such requests are received from more than four members, a ballot shall be held to determine the names of first four members who may be permitted to ask a question each.

Q.3 Consider the following statements on adjournment motion in the Lok Sabha:

1. If objection to leave being granted is taken, the Speaker shall ensure that not less than fifty members rise to support the motion for leave of the House being granted

2. The motion that ‘the House do now adjourn’ shall be taken up at 16:00 hours or earlier if the Speaker so directs

3.The Speaker shall prescribe the time limit for speeches

4. If the motion is withdrawn after its discussion, the House shall adjourn immediately

Select the correct answer from the code given below:

A) 2 & 3

B) 1 & 3

C) 1,2 & 3

D) 1,2 & 4

Ans.D

The primary object of an adjournment motion is to draw the attention of the House to a recent matter of urgent public importance having serious consequences and in regard to which a motion or a resolution with proper notice will be too late. The matter proposed to be raised should be of such a character that something very grave which affects the whole country and its security has happened and the House is required to pay its attention immediately by interrupting the normal business of the House.

The adjournment motion is thus an extraordinary procedure which, if admitted, leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance.

The subject matter of the motion must have a direct or indirect relation to the conduct or default on the part of the Union Government and must precisely pin-point the failure of the Government of India in the performance of its duties in accordance with the provisions of the Constitution and Law. A matter which falls within the jurisdiction of a State Government is inadmissible, but a matter concerning the constitutional developments in a State or atrocities on the Scheduled Castes and Scheduled Tribes and other weaker sections of the society which bring the Union Government into picture may be considered for admission on merits. The refusal to give his consent is in the absolute discretion of the Chair and he is not bound to give any reasons therefore.

Notice

The notice of an adjournment motion is required to be given on the prescribed form, copies of which are available in the Parliamentary Notice Office. It should be addressed to the Secretary-General and copies thereof endorsed to the Speaker, the Minister concerned and the Minister of Parliamentary Affairs. All the copies of the notice should be given in Parliamentary Notice Office.

A member can give not more than one notice for any one sitting. If a notice is signed by more than one member, it is deemed to have been given by the first signatory only.

A ballot is held to determine the relative priority of all notices received on the same subject for the sitting for which they are valid.

Time for giving Notice

Before the commencement of a session notices of adjournment motion can at the earliest be given on and after the date notified for the purpose in Bulletin Part-II. This is normally three working days before the commencement of the session. Notices received prior to that date are not considered valid and are returned to the members.

Telegraphic notice is not valid in view of provisions of Rule 332.

During the session period, notice of an adjournment motion should be given by 10.00 hours on the day on which the motion is proposed to be made. Notices received after 10.00 hours are treated as notices given for the next sitting.

As a convention, adjournment motions are not taken up on the day of the President’s Address. Notices received for that day are treated as notices for the next sitting.

Admissibility of Notices

While giving his consent to an adjournment motion the Speaker is guided by the following principles:—

(i) The matter raised is definite. An adjournment motion is not admissible where the facts are not settled or unless it relates to some precise recent action or omission of the UnionGovernment. Notices about threatened strike or likely dislocation of a service or about asituation which has not actually arisen are inadmissible.

(ii)    The matter raised is urgent. A matter is deemed to be urgent only if it has arisen suddenly or is in the nature of an emergency. It should not be a continuing matter. The urgency should be such that the matter brooks no delay.

(iii)   The matter raised is of public importance. The importance of the matter should warrant interruption of normal business of the House. It should be a larger issue than a merely individual or local grievance. It should be a question of general public concern.

(iv)   It relates to a specific matter of recent occurrence.

(v)    It does not raise a question of privilege.

(vi)   It does not revive discussion on a matter already discussed in the same session.

(vii)  It does not anticipate a matter which has been previously appointed for consideration.

(viii) It does not relate to a matter which is sub-judice.

(ix)   It does not raise any question which under the Constitution or Rules can be raised only on adistinct substantive motion.

(x)    The matter involves direct or indirect responsibility of the Government of India.

Procedure for Disposal of Notices of Adjournment Motion

Where the Speaker is satisfied prima facie that the matter proposed to be discussed is in order under the Rules, he may give his consent to the moving of the motion and at the appropriate time, that is, after Question Hour, call upon the member concerned to ask for leave of the House to move the adjournment motion. If objection to leave being granted is taken, the Speaker will ask those members who are in favour of leave being granted to rise in their places and if not less than fifty members rise accordingly, he will declare that leave is granted. If less than fifty members rise, the Speaker will inform the member that he has not the leave of the House.

If leave of the House is granted, the motion ‘that the House do now adjourn’ shall be taken up at 16.00 hours or at an earlier hour if the Speaker after considering the state of business in the House so directs.

Discussions may, however, be postponed to a later date mutually agreeable to the House in the event of any unavoidable circumstances.

Where the Speaker is satisfied prima facie that the notice of an adjournment motion is inadmissible, he will refuse his consent without bringing the matter before the House and the member concerned will be verbally informed of the Speaker’s decision.

Once a member is informed of the Speaker’s decision withholding his consent, no discussion or point shall be permitted to be raised in the House either on the subject matter of the notice or the reasons for disallowance thereof.

If, however, the member desires to make a submission to the Speaker to reconsider his decision, he may meet the Speaker in his Chamber later during the day.

Where the Speaker is not in possession of full facts to decide the admissibility of a notice, he may before giving or refusing his consent read out the notice of the motion and hear from the Minister and/or members concerned a brief statement on facts and then give his decision on the admissibility of the motion, however, where facts are not readily available the Speaker may defer his decision till receipt of the comments from the Minister.

Time for Discussion of Adjournment Motion

After leave of the House to the moving of an adjournment motion has been granted by the House, the motion is normally taken up at 16.00 hours. The time allotted for discussion is not less than 21/2 hours unless the debate concludes earlier. The Speaker may, if he is satisfied that there has been adequate debate, put the question at 18.30 hours or at such other hour not being less than 21/2hours from the commencement of the debate. The discussion commences with the motion moved by the mover ‘THAT THE HOUSE DO NOW ADJOURN’. At this stage the text of the notice is not read out. After the mover has spoken on the motion, other members speak. Thereafter the Minister intervenes and at the end the mover has a right of reply. The Minister concerned may, with the permission of the Speaker, speak (whether he has previously spoken in the debate or not) after the mover has replied.

When the motion is being discussed that is, from the hour the discussion on an adjournment motion hascommenced to the time the motion is disposed of, the Speaker has no power to adjourn the House for the daybecause during that time the power vests in the House to take a decision on its adjournment. Once thediscussion commences, it has to be concluded and decision arrived at without interrupting the debate.However, there is no bar to taking up formal items viz. laying of papers or having a lunch break during the discussion. The Speaker cannot also postpone the voting to the next sitting even if a request is made to him to that effect. The motion has to be disposed of before the House is adjourned. If the motion is negatived, discussion on the business which had been interrupted by the adjournment motion is resumed or the next item on the Agenda taken up for a short while and then the House is adjourned by the Speaker for the day. When the motion is withdrawn by leave of the House, the House may be adjourned without resuming further business, if it is time for the House to have adjourned in the normal course.

An adjournment motion involves an element of censure against the Government. In the event of anadjournment motion being adopted, the House automatically stands adjourned.

Q.4 Consider the following statements on leave of  absence from the sittings of Lok Sabha / Rajya Sabha

1. A member who intends to take leave of absence from the sittings of the House has to give application in this regard addressed to the Secretary General of the Lok Sabha/ Rajya Sabha

2. In case of the Lok Sabha, all applications under Rule 242, shall stand referred to the Committee on absence of Members from the Sittings of the House

Codes:

A) 1 only

B) 2 only

C) Both 1 & 2

D) Neither 1 nor 2

Ans.B

Each constituency expects that the member it elects will take his seat in the Lok Sabha and attend sittings of the House, except when it is necessary for him to remain absent on account of unavoidable reasons. It is the right of the Lok Sabha to receive from him an account as to why he was absent. The duty of members to the House is paramount and they are expected to remain absent from the sittings thereof only when there are compelling reasons for doing so.

The Constitution provides that if for a period of sixty days, a member of either House of Parliament is, without permission of the House, absent from all meetings thereof, his seat may be declared vacant by the House 2. In computing the said period of sixty days, no account is taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

Q.5 What is financial bill ?

A) A bill if enacted would involve expenditure from consolidated fund of India

B) A bill containing only provisions dealing with alteration, remission, addition of tax

C) A bill deals only with budget of particular ministry

D) A bill if enacted would involve expenditure from consolidated fund of India & Contingency fund of India

Ans.A

A money bill can be introduced / originated only in Lok Sabha {or in legislative assembly in case of bicameral legislature in states}. A money bill can be introduced only on prior recommendations of the President {or governor in case of state} A money bill can be a government bill only. No private bill can be a money bill. Once a money bill is passed in Lok Sabha, it is transmitted to Rajya Sabha for its consideration. But Rajya Sabha has limited powers in this context. It can neither reject nor amend the money bill. It can make only recommendations and has to return the bill with or without recommendations to Lok Sabha in 14 days. The Lok Sabha may or may not accept the recommendations of Rajya Sabha. Whether or not accepted those recommendations, thus returned bill is considered passed in both houses. If Rajya Sabha does not even return the bill in 14 days, it is considered passed in both houses. President can withhold assent to money bill but cannot return it for reconsideration of the Lok Sabha. There is no question of joint sitting in case of money bills because opinion of Rajya Sabha is immaterial in their case.

A financial bill of category-I is considered same as Money Bill and introduced in the Lok Sabha on the recommendation of the President.  However once it has been passed by the Lok Sabha, it is like an ordinary Bill and there is no restriction on the powers of the Rajya Sabha on such Bills. Rajya Sabha has powers to reject it and also there is a provision of joint sitting in this case. A financial bill of category-II is one which although has provisions involving expenditure from Consolidated Fund of India but does not have anything mentioned in article 110. We may take the example of “President’s (Emoluments and) Pension Act” to understand this kind of bill. This bill has provisions that money has to be taken out of the Consolidated Fund to pay salary to president but there is nothing in the bill as per provisions of article 110. Such a bill is ordinary in all respects and both Lok Sabha and Rajya Sabha enjoy equal powers in this bill. However, only special feature of this bill is that recommendation of the President is essential for consideration and passing of these Bills by either House. Such a bill is ordinary in all respects and both Lok Sabha and Rajya Sabha enjoy equal powers in this bill. However, only special feature of this bill is that recommendation of the President is essential for consideration and passing of these Bills by either House.

Q.6 Under Article 101 (3) b of the constitution of India, Mp can resign his seat in Lok Sabha / Rajya Sabha. Which of the following statements are true about resignation ?

1. MP has to resign by writing under his hand addressed to the Speaker/ Chairman

2. No reason may be appended to such resignation

3. Speaker /chairman after making enquiry & satisfied that the resignation is voluntary & genuine shall accept the resignation

4. A resignation cannot be withdrawn by the member after it is accepted by the speaker / chairman

Select the correct answer using the code given below :

A) 1,2,3,4

B) 1 & 2

C) 3 & 4

D) 1,2,3

Ans.A

Q. 7 Consider the following statements :

1. Comptroller & Auditor General of India can attend & cast vote  in the Lok Sabha or Rajya Sabha

2. Attorney General of India shall have the right to speak in & otherwise take part in the proceedings of either houses or any joint sitting of the house

3. Solicitor General shall have the right to speak in & otherwise take part in the proceedings of either houses or any joint sitting of the houses

Select the correct answer using the code given below :

A) 1,2,3

B) Only 2

C) 2 & 3

D) 1 & 3

Ans. B

The Attorney General is the chief law enforcement officer of a state.

The Solicitor General is the person who represents the interests of the State in court.