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 Freedom from attendance as Witness.

Key Points

• Originally the constitution envisaged two types of privileges under Article 105 of the Indian constitution.
• One is freedom of speech in Parliament and the right of publication of its proceedings.
• The concept of parliamentary privilege in the Constitution of India has been taken from the British Constitution.
• The main motive of these privileges is to uphold the supremacy of the office of the Parliament and its members.
• These rights are also given to those individuals who speak and participate in any committee of the Parliament, which includes the Attorney General of India and the Union Ministers.
• The President, even if he is part of Parliament, does not have parliamentary privileges.

Additional Information

• The collective privileges of Members of Parliament are as follows
  • No person (either a member or outsider) can be arrested and no legal process (criminal or civil) can be initiated within the premises of the house without the permission of the presiding officer of the house.
  • No Court has the right to investigate proceedings of the House or any of its committees.
  • Parliament can exclude guests from its proceedings and in some cases of national interest it can also hold a secret meeting on any important matter.
  • Parliament can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition, or imprisonment (also suspension or expulsion in case of members).
• Individual Privileges of Members of Parliament are as follows
  • When the Parliament is in session, a Member of Parliament or a privileged person may refuse to appear in court or to present any evidence in a court.
  • The members of Parliament can’t be arrested during the session of the Parliament and 40 days before the beginning and 40 days after the end of the session. However, this privilege is available in civil cases only not in criminal cases.
  • No member is liable to any proceedings in any given court for anything said or any vote by him/her in the parliament or its committees.

The correct answer is November 2020.

• Lok Sabha has given its nod to Arbitration and Conciliation (Amendment) Bill 2021.
• The bill contains provisions to deal with domestic and international arbitration.
• It defines the law for conducting conciliation proceedings.
• It replaces an Ordinance with the same provisions promulgated on 4th November 2020.

The correct answer is 1952.

Key Points

• The Council of States also known as Rajya Sabha first constituted on 3 April 1952.

Additional Information

• On 23 August 1954, the Chairman of Rajya Sabha made an announcement in the House that the Council of States would now be called ‘Rajya Sabha’ in Hindi.
• The Rajya Sabha meet for the first time on 13 May 1952.
• Dr. S. Radhakrishnan was the first Chairman of the Rajya Sabha.
• Shri S.V Krishnamoorthy Rao was the first Deputy Chairman of Rajya Sabha.
• At that time, Two hundred and fifty (250), out of which 238 are to be elected and 12 are to be nominated by the President of India is the maximum strength of Rajya Sabha.
• Two hundred and forty-five (245), out of which 233 are elected and 12 are nominated is now the actual strength of Rajya Sabha.

Option 4 is the correct answer: Parliament can set a condition for employment within the state or union territory under article 16.

• Article 16 comes under part III of our constitution which talks about Fundamental Rights.
• This article deals with equality in the matters of Public Employment.
• It states that no citizen should be discriminated on the grounds of only religion, caste, sex, race, descent or place of birth/ residence.
• However, it also provides three exceptions as follows in this regard:
  • Allows parliament to prescribe residence as a condition for employment in certain cases.
  • Reservations in favour of Backward classes.
  • religion as a condition for appointment to an office related to a religious institution.