1. Consider the following statements:
1. Date of the election of Speaker and Deputy Speaker of Lok Sabha is decided by the Protem Speaker.
2. Date for the election of the Chairman of Rajya Sabha is decided by the President of India.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Answer: d
Explanation:
The date of election of Speaker and Deputy Speaker of Lok Sabha is decided by the President. So, Statement (1) is not correct.
Whereas, the Vice-President is the ex officio chairman of Rajya Sabha. Therefore, no separate election for the post of Chairperson takes place. So, Statement (2) is not correct.
Therefore, the correct answer is d.
2. Consider the following statements with reference to membership in Legislatures:
1. If a person is elected to Lok Sabha and a State Legislative Assembly, he must choose one seat
or he will lose both the seats.
2. If a sitting member of the House of People gets elected to the other House, he must choose
one seat or both the seats get vacated.
Which of the statements given above is/are not correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Answer: c
Explanation:
A person cannot be a member of both Houses of Parliament at the same time. Thus, the Representation of People Act (1951) provides for the following:
If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant.
If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant. So, Statement 2 is not correct.
If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant.
Similarly, a person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days. So, Statement 1 is not correct.
Therefore, the answer is c.
3. In the context of Parliamentary Privileges, consider the following statements:
1. A member cannot be arrested for 40 days before or after the Parliamentary session in any case.
2. They can refuse to give evidence and appear as a witness in a case pending in a court when
the Parliament is in session.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Answer: b
Explanation:
Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their Committees and their members. They are necessary in order to secure the independence and effectiveness of their actions. Parliamentary privileges can be classified into two broad categories: Individual Privileges and Collective Privileges
Individual Privileges
The privileges belonging to the members individually are:
1. They cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases. So, Statement (1) is not correct.
2. They have freedom of speech in Parliament. No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its Committees. This freedom is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of Parliament.
3. They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when the Parliament is in session. So, Statement (2) is correct. Therefore, the correct answer is b.
4. Which of the following can be a primary reason for considering the President as an integral part of the Parliament?
a) He is the final authority to pass the Ordinances.
b) He is the final authority to enact a law by assenting to the bills passed by the Parliament.
c) He is the final authority to summon and prorogue both the Houses.
d) He is the final authority to dissolve the Lok Sabha.
Answer: b
Explanation:
Though the President of India is not a member of either House of the Parliament and does not sit in the Parliament to attend its meetings; he is an integral part of the Parliament. He is considered so because; a bill passed by both the Houses of Parliament cannot become law without the President’s assent. Thus, it is the President who gives finality to the primary purpose of Parliament, i.e. enacting laws for the governance of the country.
Therefore, the correct answer is b.
5. Consider the following sentences:
1. Commutation is the substitution of one form of punishment for a lighter form
2. Remission is reducing the period of a sentence without changing its character
3. Respite is a stay of the execution of a sentence for a temporary period
Which of the sentences given above is/are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 3 only
Answer: b
Explanation:
Pardon It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
Commutation It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to simple imprisonment. So, statement 1 is correct.
Remission It implies reducing the period of a sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year. So, statement 2 is correct.
Respite It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. So, sentence 3 is not correct.
Reprieve It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.
Therefore, the correct answer is b.