Disqualification and Vacating Seats in Parliament

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Questions and Answers

What is the role of the Speaker in relation to disqualification under the defection law?

The Speaker decides cases of disqualification for Lok Sabha. (correct)

The Speaker has no role in disqualification cases.

The Speaker decides cases of disqualification for Rajya Sabha.

The Speaker is solely responsible for enforcing party directives.

Which of the following is NOT a function of the Deputy Speaker?

Presiding over sessions of the House in the absence of the Speaker.

Enforcing party directives during voting. (correct)

Assisting the Speaker in maintaining order.

Counting and announcing votes during sessions.

What are the consequences if a person elected to both Houses of Parliament fails to express their preference within the given time frame?

They are automatically disqualified from both Houses.

Their seat in the Lok Sabha is reserved for another election.

They must resign from their political party.

Their seat in the Rajya Sabha becomes vacant. (correct)

What action can a House take when a member is absent for sixty days?

The member's seat is declared vacant. Signup and view all the answers

Which of the following is correct regarding the resignation of a member of Parliament?

Resignations can be ignored by the Chairman or Speaker. Signup and view all the answers

Under what condition does a seat become vacant due to disqualification?

If a member engages in activities against their political party's directives. Signup and view all the answers

What happens if a member is elected simultaneously to the Parliament and a state legislature?

They must resign from the state legislature within 14 days. Signup and view all the answers

Which of the following statements about double membership is accurate?

A member elected to both Houses must inform their choice within 10 days. Signup and view all the answers

Which of the following is NOT a disqualification for becoming a member of Parliament?

Being a qualified lawyer Signup and view all the answers

What is the final authority on questions of disqualification of a member of Parliament?

The President Signup and view all the answers

Which of the following actions does NOT disqualify a person under the Representation of People Act?

Being dismissed from government service for any reason Signup and view all the answers

A member of a scheduled caste can contest a seat reserved for scheduled castes under which condition?

He can contest a non-reserved seat as well Signup and view all the answers

What unique authority does the Speaker possess that the Chairman of the Rajya Sabha does not?

Presiding over a joint sitting of both Houses of Parliament Signup and view all the answers

Which of the following is considered a ground for disqualification based on defection?

Changing party allegiance after elections Signup and view all the answers

Which of these is a valid condition for a person to be disqualified from the Parliament?

Holding dual citizenship Signup and view all the answers

How is the Deputy Chairman of the Rajya Sabha chosen?

Elected by Rajya Sabha members Signup and view all the answers

What constitutes a failure in election conduct that could lead to disqualification?

Failing to declare election expenses Signup and view all the answers

Which of the following statements about the removal of the Chairman of the Rajya Sabha is accurate?

The Chairman can only be removed if the Vice-President is removed. Signup and view all the answers

What happens if the Deputy Chairman vacates his office?

The Rajya Sabha elects another member to fill the vacancy. Signup and view all the answers

Under what circumstance can a member of Parliament be exempt from disqualification due to holding an office of profit?

If a ministerial position is involved Signup and view all the answers

During what circumstance can the Vice-President preside over the Rajya Sabha?

When there is an equality of votes Signup and view all the answers

Which of the following acts could disqualify a member based on corrupt practices?

Offering bribes for votes Signup and view all the answers

What significant event occurs when the Speaker or Chairman declares the House adjourned sine die?

End of the House's session Signup and view all the answers

What authority does the President have regarding the prorogation of the House?

While the House is still in session Signup and view all the answers

If a member stands declared of unsound mind by a court, what is the outcome?

The member is immediately disqualified Signup and view all the answers

Which statement about the dissolution of the Lok Sabha is true?

It includes lapsing of all pending business. Signup and view all the answers

What happens to a bill pending in the Lok Sabha if it is dissolved?

It must be reintroduced in the new Lok Sabha. Signup and view all the answers

Which condition allows a bill pending before both Houses to survive the dissolution of the Lok Sabha?

If the President has called for a joint sitting. Signup and view all the answers

What is an automatic dissolution of the Lok Sabha?

Occurs after its five-year term or during an emergency. Signup and view all the answers

Which of the following does NOT lapse when the Lok Sabha is dissolved?

Assurances to be examined by the Committee. Signup and view all the answers

Which body has the authority to dissolve the Lok Sabha at any time?

The President of India Signup and view all the answers

How does adjournment differ from prorogation in legislative terms?

Prorogation concludes a session of the House. Signup and view all the answers

What can be inferred about the Rajya Sabha's status in relation to dissolution?

It is a permanent House and not subject to dissolution. Signup and view all the answers

What conditions require a member of Parliament to vacate their seat?

All of the above Signup and view all the answers

What can the Supreme Court do concerning a high court's decision regarding a disqualified member's election?

Appeal against the high court's order Signup and view all the answers

Which of the following statements about a member's oath or affirmation is true?

Oath is taken before a person appointed by the President Signup and view all the answers

What penalty does a member face for sitting or voting without taking the prescribed oath?

₹500 for each day they violate this rule Signup and view all the answers

What does the Representation of the People Act (1951) enable concerning disqualified candidates?

It allows high courts to declare elections void under specific circumstances Signup and view all the answers

What is a consequence of a member sitting in the House when knowing they are disqualified?

They face a penalty of ₹500 for each day they sit Signup and view all the answers

According to current provisions, what is true about the pension for members of Parliament?

There is no pension provision in the Constitution, but Parliament provides pensions Signup and view all the answers

What is required for a member to become eligible for parliamentary privileges?

Taking the oath and affirmation Signup and view all the answers

What is the maximum duration of prorogation or adjournment that does not count towards the sixty-day period?

Four consecutive days Signup and view all the answers

What happens if a member takes their seat without the required oath of affirmation?

They cannot participate in the House proceedings Signup and view all the answers

What is the normal term for the Lok Sabha?

Five years Signup and view all the answers

Which of the following is a qualification to be a member of the Rajya Sabha?

Must be a citizen of India Signup and view all the answers

In what situation can the Lok Sabha term be extended?

During a national emergency Signup and view all the answers

What age must a candidate be to contest in the Lok Sabha elections?

25 years Signup and view all the answers

Who has the authority to dissolve the Lok Sabha?

The President Signup and view all the answers

What unique power does the President have regarding the Rajya Sabha's terms?

To curtail the term of selected members Signup and view all the answers

What is the minimum age requirement for a member of the Rajya Sabha?

30 years Signup and view all the answers

Which of the following statements about the Rajya Sabha is true?

It is a continuing chamber Signup and view all the answers

What is the primary responsibility of a whip in Parliament?

To ensure attendance and support of party members Signup and view all the answers

What defines the minimum frequency of Parliament meetings per year?

It should meet at least twice a year Signup and view all the answers

What is meant by 'adjournment sine die' in parliamentary terms?

Terminating a sitting for an indefinite period Signup and view all the answers

Which body has the authority to summon sessions of Parliament?

The President Signup and view all the answers

How many sittings generally constitute a meeting in a session of Parliament?

Two sittings per day Signup and view all the answers

What was the monthly salary increase for members of Parliament in 2018?

From ₹50,000 to ₹1,00,000 Signup and view all the answers

Which allowance increased from ₹1,000 to ₹2,000 in 2010?

Daily allowance Signup and view all the answers

What is the monthly sumptuary allowance for the Speaker of the Lok Sabha?

₹2,000 Signup and view all the answers

Who determines the salaries and allowances of the Speaker and Deputy Speaker of Lok Sabha?

Parliament Signup and view all the answers

What happens when the office of the Speaker falls vacant?

The Lok Sabha elects another member to fill the vacancy. Signup and view all the answers

How much did the salary of the Chairman of Rajya Sabha increase to in 2018?

₹4 lakh Signup and view all the answers

Which of the following is NOT a condition that causes the Speaker to vacate their office?

He is appointed to a cabinet position. Signup and view all the answers

What does the term 'Officer of Parliament' refer to?

Specific officers like Chairman and Speaker Signup and view all the answers

Which allowance is provided to Officers of Parliament except for the Chairman of the Rajya Sabha?

Constituency allowance Signup and view all the answers

Which power does the Speaker of the Lok Sabha have?

Maintaining order and decorum in the House. Signup and view all the answers

In what year was the Salaries and Allowances of Officers of Parliament Act enacted?

1953 Signup and view all the answers

Who elects the Speaker of the Lok Sabha?

The members of the Lok Sabha. Signup and view all the answers

What must happen for a resolution to remove the Speaker to be considered?

Advance notice of 14 days must be given. Signup and view all the answers

What type of facilities are provided to members of Parliament apart from salaries?

Travelling facilities Signup and view all the answers

What is the amount of the monthly allowance for the Deputy Speaker of the Lok Sabha?

₹1,000 Signup and view all the answers

In which situation does the Speaker not vacate their position even if the Lok Sabha is dissolved?

Until the newly-elected Lok Sabha meets. Signup and view all the answers

What does the Speaker primarily represent?

The overall interests of the House and its members. Signup and view all the answers

What is one key responsibility of the Speaker of the Lok Sabha?

Regulating the proceedings and conducting business. Signup and view all the answers

Who was the first Speaker of the Lok Sabha?

G.V. Mavalankar Signup and view all the answers

From what sources does the Speaker derive their powers and duties?

The Constitution, Rules of Procedure, and Parliamentary Conventions. Signup and view all the answers

What is the Speaker's position during a resolution for their removal?

They cannot preside but may participate and vote. Signup and view all the answers

What role does the Speaker Pro Tem play in the Lok Sabha?

Administers oath to newly-elected members Signup and view all the answers

When does the Speaker of the last Lok Sabha vacate their office?

Immediately before the first meeting of the newly-elected Lok Sabha Signup and view all the answers

What happens when both the Speaker and Deputy Speaker are absent?

A determined member acts as the Speaker Signup and view all the answers

Who are the first elected Speaker and Deputy Speaker of the Lok Sabha?

G.V. Mavalankar and Ananthasayanam Ayyangar Signup and view all the answers

What powers does the Speaker Pro Tem hold?

Can administer oaths and preside over the first sitting Signup and view all the answers

When does the Speaker’s duties go to another member of the House?

When the Speaker’s office is vacant Signup and view all the answers

What is the maximum number of chairpersons that the Speaker can nominate to the panel?

Ten Signup and view all the answers

Who administers the oath to the Speaker Pro Tem?

The President of India Signup and view all the answers

What role does the Chairman of the Rajya Sabha serve?

Presiding officer of the Rajya Sabha Signup and view all the answers

Study Notes

Disqualification of Members of Parliament

A member of Parliament can be disqualified under the defection law for:
- Voluntarily giving up membership of the party on whose ticket they were elected.
- Voting or abstaining from voting contrary to the party's direction.
- An independently elected member joining a political party.
- A nominated member joining a political party after six months.
The decision of disqualification is made by the Chairman (Rajya Sabha) or Speaker (Lok Sabha), subject to judicial review.

Vacating Seats in Parliament

A person cannot hold seats in both Houses of Parliament simultaneously.
- If elected to both Houses, the member must choose within 10 days which House to serve.
- If a sitting member of one House gets elected to the other House, their seat in the first House becomes vacant.
- If a person is elected to two seats in the same House, they must choose one, otherwise both seats become vacant.
A person cannot be a member of both Parliament and a state legislature simultaneously. Resignation from the state legislature is required within 14 days to retain the parliamentary seat.
Disqualifications under the Constitution also lead to vacating the seat.
Resignation in writing to the Chairman (Rajya Sabha) or Speaker (Lok Sabha) can vacate a seat, subject to acceptance by the presiding officer.
A member's seat can be declared vacant if they are absent from all meetings for 60 days without permission.
A member's election can be declared void by the court if they are disqualified on grounds of defection under the 10th Schedule.

Disqualifications for Membership

A person is disqualified from being elected to Parliament if:
- They hold an office of profit under the Union or state government (except ministers or offices exempted by Parliament).
- They are of unsound mind and declared so by a court.
- They are an undischarged insolvent.
- They are not a citizen of India or have voluntarily acquired foreign citizenship.
- They are disqualified under any law made by Parliament.
Additional disqualifications in the Representation of People Act (1951):
- Found guilty of election offenses or corrupt practices.
- Convicted of an offense resulting in imprisonment for two or more years.
- Failure to lodge an account of election expenses within the timeframe.
- Interest in government contracts or services.
- Being a director or managing agent of a corporation in which the government has a 25% share.
- Dismissal from government service for corruption or disloyalty.
- Convicted for promoting enmity between groups or bribery.
- Punishment for preaching or practicing social crimes like untouchability, dowry, or sati.
The President makes the final decision on disqualifications, after obtaining the opinion of the Election Commission.

Prorogation of Parliament

The presiding officer adjourns the House sine die when the session's business is completed.
The President issues a notification for prorogation of the session shortly after.
The President can also prorogue the House while it is in session.

Dissolution of Parliament

Rajya Sabha is a permanent house and not subject to dissolution.
Lok Sabha is subject to dissolution:
- Automatically after five years (or extended term during a national emergency).
- On the President's decision.
Dissolution ends the life of the existing House, and a new House is constituted after general elections.
Once dissolved, the Lok Sabha cannot be revived before its term.
All pending business in the Lok Sabha (bills, motions, etc.) lapses upon dissolution.
Some pending bills and all pending assurances are not subject to lapsing.

Other Cases of Vacating Seats

A member's seat is vacated if:
- their election is declared void by the court.
- they are expelled by the House.
- they are elected as President or Vice-President.
- they are appointed as Governor of a state.

Oath or Affirmation for Members of Parliament

Before taking their seat, members must take an oath or affirmation before the President or a designated person.
The oath includes:
- Bearing true faith and allegiance to the Constitution.
- Upholding the sovereignty and integrity of India.
- Faithfully discharging parliamentary duties.
Failure to take the oath prevents members from voting, participating in proceedings, and enjoying parliamentary privileges.

Penalties for Sitting or Voting Without Qualification

A penalty of ₹500 per day can be imposed on a member who sits or votes in the following situations:
- Before taking the oath or affirmation.
- Knowing they are unqualified or disqualified for membership.
- Knowing they are prohibited from sitting or voting under parliamentary law.

Salaries and Allowances of Members of Parliament

Members are entitled to salaries and allowances determined by Parliament.
There is no constitutional provision for pensions, but Parliament has provided pensions.
The Salaries, Allowances and Pension of Members of Parliament Act (1954) determines these benefits.

The Rajya Sabha: Chairman

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
The Chairman's functions are similar to the Speaker's in the Lok Sabha.
The Chairman can be removed from office only if the Vice-President is removed.
The Chairman cannot vote initially, but can cast a deciding vote in case of a tie.

The Rajya Sabha: Deputy Chairman

The Deputy Chairman is elected by the Rajya Sabha from among its members.
The Deputy Chairman vacates office if:
- They cease to be a member of the Rajya Sabha.
- They resign in writing to the Chairman.
- They are removed by a resolution passed by a majority of Rajya Sabha members.

Rajya Sabha

Term: 6 years
Retirements: Members retire in batches determined by lottery for the first Rajya Sabha
Members can be re-elected: Unlimited number of times
Term is not fixed by Constitution: Set by Parliament in the Representation of the People Act (1951)

Lok Sabha

Term: 5 years from first meeting after general elections
Dissolution: Automatically dissolves after 5 years, but President can dissolve it at any time before
Term Extension: Can be extended during a national emergency, for one year at a time, by a law of Parliament.
Extension Limit: Cannot extend beyond 6 months after the emergency ends.

Parliament Qualifications for Membership

Citizenship: Must be a citizen of India
Oath: Members take an oath or affirmation to uphold the Constitution, sovereignty and integrity of India
Age:
- Rajya Sabha: Minimum 30 years old
- Lok Sabha: Minimum 25 years old
Elector: Must be a registered elector for a parliamentary constituency
Other Qualifications: Prescribed by Parliament in the Representation of the People Act (1951)

Parliament Member Compensation (2018)

Salary: ₹1,00,000 per month
Constituency Allowance: ₹70,000 per month
Office Expenses Allowance: ₹60,000 per month
Daily Allowance: ₹2,000 per day
Pension: Graduated scale for each 5-year term in Parliament

Parliament Presiding Officers

Rajya Sabha: Chairman and Deputy Chairman
Lok Sabha: Speaker and Deputy Speaker
Panel of Chairpersons/Vice-Chairpersons: Appointed for both Houses

Speaker of the Lok Sabha

Election: Elected by Lok Sabha
Tenure: Typically remains in office for the life of the Lok Sabha, unless:
- They lose their seat in the Lok Sabha
- They resign
- They are removed by a majority vote of the Lok Sabha members
Powers:
- Maintains order and decorum of the House
- Guardians of the powers and privileges of the members, the House, and its committees
- Principal spokesperson of the House
Duties: Derives powers and duties from the Constitution, the Lok Sabha Rules, and Parliamentary Conventions

Speaker Pro Tem

Appointment: President appoints a member, usually the senior-most, to be Speaker Pro Tem
Duties:
- Presides over the first sitting of a newly elected Lok Sabha
- Administers the oath to new members
- Oversees the election of a new Speaker

Chairman of the Rajya Sabha

Duties: Presides over the House, similar to the Speaker of the Lok Sabha

Whip

Role: Appointed by political parties to assist floor leaders
Responsibilities:
- Ensure party member attendance
- Secure party member support on votes
- Monitor party member behavior
- Enforce party discipline

Sessions of Parliament

Summoning: President summons each House of Parliament
Maximum Gap Between Sessions: No more than 6 months
Sessions in a Year: Usually three:
- Budget Session (February-May)
- Monsoon Session (July-September)
- Winter Session (November-December)
Session: Period between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha)
Recess: Period between the prorogation of a House and its reassembly in a new session
Adjournment: Suspends the work of a sitting for a specified time
Adjournment Sine Die: Terminates a sitting for an indefinite period
Prorogation: Ending a session by the President
Dissolution: Ending the Lok Sabha by the President

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Explore the rules surrounding the disqualification of Members of Parliament and the processes for vacating seats in both Houses. Understand the implications of defection laws, election procedures, and the importance of compliance with party direction. Test your knowledge on parliamentary regulations now!