Question Discussion & Solution

The correct answer is 3 only.

 Key Points

• In case of a censure motion, reasons must be stated for its adoption in the Lok Sabha while in case of motion of no confidence no such reasons for its adoption are required to be stated in the Lok Sabha. Hence Statement 3 is not correct and option 3 is correct.

 Important Points

• Article 75 of the constitution states that the Council of Ministers shall be collectively responsible to the House of the People.
• Collective responsibility means that the entire Council of ministers is a team that sinks or swims together.
• So if the Lok Sabha passes a no-confidence motion against the Council of ministers then all have to resign. Hence Statement 1 is correct.
• Censure motion is moved against the Council of Ministers, a group of ministers, or as individual ministers for the failure to perform duties.
• The censure motion is usually moved by the opposition party against the ruling party or any of its ministers for failing to act in a certain matter.
• Censure motion must be specific and self-explanatory, stating the reasons for its adoption. Hence Statement 2 is correct.
• It can be moved only in the Lok Sabha and not in the Rajya Sabha.
• No leave of the House is required for moving a censure motion but it must specify the charges against the government for which it is moved.
• If the censure motion is passed, the Council of ministers is bound to seek the confidence of the Lok Sabha as early as possible.

 Additional Information 

Difference between Censure Motion and Motion of No Confidence

• No confidence motion can only be moved against the entire council of ministers while censure motion can be moved against an individual minister, a group of ministers, and the entire council of ministers.
• Censure motion is moved for censuring the council of ministers for specific policies and action and a no-confidence motion, on the other hand, is moved for ascertaining the confidence of Lok Sabha in the council of ministers.
• The council of ministers need not resign from the office if a censure motion is passed in the Lok Sabha while in case of motion of no confidence, the council of minister must resign from office if the motion is passed. Hence Statement 4 is correct.

The correct answer is 86th Amendment.

Key Points

• The Right to Education was inserted in the Indian Constitution by 86th Amendment.
  • The 86th amendment to the constitution of India in 2002, provided the Right to Education as a fundamental right in part-III of the Constitution.
  • The same amendment inserted Article 21A which made the Right to Education a fundamental right for children between 6-14 years.
  • The first official document on the Right to Education was Ramamurti Committee Report in 1990.

Additional Information

• 44th Amendment : 
  • 44th Amendment of the Constitution of India, officially known as the Constitution 1978, was enacted by the Janata Party.
    • It was introduced into the constitution by 45th Amendment Bill in the year 1978.
    • In 1976, with the introduction of the 42nd Amendment Act, there were various provisions that were amended against the will of the citizens hence, to reverse those changes and safeguard the interests of the nation, 44th Amendment Act was called into action.
    • The 44th Amendment of 1978 removed the right to property from the list of fundamental rights.
• 91st Amendment :
  • The maximum number of members in the council of Ministers has been capped at less than one-sixth of the total members of the primary house of the Union and the State Legislatures according to the 91st Amendment Act, 2003.
  • The total number of ministers, including the Prime Minister, in the Central Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha.
  • The provision of the Tenth Schedule (anti-defection law) pertaining to an exemption from disqualification in case of split by one-third of members of the legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.
• 31st Amendment:
  • The 31st Amendment of the Indian Constitution was all about changing the number of seats in Parliament.
  • This Amendment Act of 1972 increased the number of Lok Sabha seats from 525 to 545. 

The correct answer is Not less than 45.

• Establishment of Lokpal
  • The Lokpal shall consist of
    (a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfills the eligibility specified in clause (b) of sub-section (3); and
    (b) such number of Members, not exceeding eight out of whom fifty percent. shall be Judicial Members: Provided that not less than fifty percent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.
  • A person shall be eligible to be appointed —
    (a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;
    (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
  • The Chairperson or a Member shall not be
    (i) a member of Parliament or a member of the Legislature of any State or Union territory;
    (ii) a person convicted of any offence involving moral turptitude;
    (iii) a person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be;
    (iv) a member of any Panchayat or Municipality;
    (v) a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if—
    (a) he holds any office of trust or profit, resign from such office; or
    (b) he is carrying on any business, sever his connection with the conduct and management of such
    business; or
    (c) he is practising any profession, cease to practise such profession.

• There are 22 languages that have been recognized in the eighth schedule of the Indian constitution.
• Part XVII of the Indian constitution deals with the official languages of India from articles 343 to 351.
• Originally, only 14 languages were mentioned and later, after several amendments, the other languages were added. 
• Sindhi language was added in the 8th schedule by the 21st Amendment Act of 1967.
• Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992
• Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003.
• In all the 22 official languages the Hindi language is spoken by most of the Indians.

The correct answer is One of the senior-most members of the newly elected Loksabha.

Key Points

• One of the senior-most members of the newly elected Loksabha is generally appointed as a Protem Speaker.

Additional Information

• As per the second provision to article 94 of the Constitution, the office of the Speaker becomes vacant immediately before the first meeting of the new Lok Sabha.
• In that case list of senior Lok Sabha members prepared by the Legislative Section is submitted to the Minister of Parliamentary Affairs, who selects a protem speaker and approved by the President.

• A President pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer.