Test No.

IAS Prelims - 2023 02

PTS2023/ITS-07/052022/02

GENERAL STUDIES

RE
POLITY - 2
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Answer Key
SC
Q. 1 (c) Q. 11 (c) Q. 21 (d) Q. 31 (b) Q. 41 (d)

Q. 2 (c) Q. 12 (c) Q. 42 (b)

GS

Q. 3 (b) Q. 13 (b) Q. 43 (d)

Q. 4 (b) Q. 14 (a) Q. 44 (b)

Q. 5 (b) Q. 15 (c) Q. 25 (c) Q. 35 (a) Q. 45 (c)

Q. 6 (b) Q. 16 (a) Q. 26 (a) Q. 36 (c) Q. 46 (a)

Q. 7 (c) Q. 17 (c) Q. 27 (a) Q. 37 (c) Q. 47 (b)

Q. 8 (b) Q. 18 (c) Q. 28 (c) Q. 38 (c) Q. 48 (d)

Q. 9 (c) Q. 19 (d) Q. 29 (d) Q. 39 (a) Q. 49 (d)

Q. 10 (a) Q. 20 (a) Q. 30 (a) Q. 40 (d) Q. 50 (c)

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1. Correct Option: (c)
Explanation:
 Both statements are correct
Supplementary notes:
Grounds for the ‘President’s Rule’ in a
state (Article 356)
 Article 356 empowers the President to
issue a proclamation if he is satisfied
that a situation has arisen in which the
government of a state cannot be carried
on in accordance with the provisions of the
Constitution. Notably, the president can
act either on a report of the governor of the
state or otherwise too (i.e., even without the
governor’s report).
 Article 365 says that whenever a state
fails to comply with or to give effect to any
direction from the Centre, it will be lawful
for the president to hold that a situation has
arisen in which the government of the state
cannot be carried on in accordance with the
provisions of the Constitution.
Parliamentary Approval and Duration
 A proclamation imposing the President’s
rule must be approved by both the houses
of parliament within two months from the
date of its issue.
 However, if the proclamation of President’s
rule is issued at a time when the Lok Sabha
has been dissolved or the dissolution of
in the meantime.
2. Correct Option: (c)
Explanation:
 Option (c) is correct
Supplementary notes:
Revocation of the President’s Rule
 Any proclamation of emergency by the
President can be revoked by the subsequent
proclamation by the President, without the
approval of the Parliament.
 President’s rule can end by itself if
not extended by both the houses of the
Parliament every six months beyond
the first 1 year of its duration up to the
maximum period of three years.
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 But, term ending is not the only way to
revoke the President’s rule, the President
can revoke it by proclaiming the revocation
of the President’s Rule at any time without
getting approval from the Parliament.
3. Correct Option: (b)
Explanation:
 Statement 1 is incorrect: The legislative
processes in the State do not remain
suspended during the President’s Rule.
 Statement 4 is incorrect: Laws made
during the period of the President’s rule
remain operational unless they are repealed
or altered or re-enacted by the state
legislature.
Supplementary notes:
State legislature during the President’s
Rule
 The President acquires the following
extraordinary powers when the President’s
Rule is imposed in a state:
 He/she can take up the functions of the
state government and powers vested
in the governor or any other executive
authority in the state.
 He/she can declare that the powers of
the state legislature are to be exercised
by the Parliament.
 He/she can take all other necessary
 Further, the President either suspends
or dissolves the state legislative
assembly. The Parliament passes the
state legislative bills and the state
budget. When the state legislature is
thus suspended or dissolved:
 The Parliament can delegate the power to
make laws for the state to the President
or to any other authority specified by
him in this regard,
 The Parliament or in case of delegation,
the President or any other specified
authority can make laws conferring
powers and imposing duties on the
Centre or its officers and authorities,
 The President can authorize, when the
Lok Sabha is not in session, expenditure
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 from the state consolidated fund pending
its sanction by the Parliament, and
 The President can promulgate, when the
Parliament is not in session, ordinances
for the governance of the state.
 A law made by the Parliament or president
or any other specified authority continues to
be operative even after the President’s Rule.
This means that the period for which such
a law remains in force is not coterminous
with the duration of the proclamation. But
# National Emergency (Article 352)
1. It can be proclaimed only when the security 1.
of India or a part of it is threatened by war,
external aggression, or armed rebellion.
2. During its operation, the state executive 2.
and legislature continue to function and
exercise the powers assigned to them under
the Constitution. Its effect is that the Centre
gets concurrent powers of administration and
legislation in the state.
3.
O
Under this, the Parliament can make laws on 3.
the subjects enumerated in the State List only
by itself, that is, it cannot delegate the same to
SC
any other body or authority.
4. There is no maximum period prescribed for 4.
months.
GS
5.
6. Every resolution of Parliament approving its 6.
proclamation or its continuance must be passed
by a special majority.
7. It affects the fundamental rights of the 7.
citizens.
8. Lok Sabha can pass a resolution for its 8.
revocation.
5. Correct Option: (b)
Explanation:
 Statement 1 is incorrect: The President
can proclaim the financial emergency under
Article 360, without the prior approval of
the Parliament. But it has to be approved
by both houses within two months after it
is issued.
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it can be repealed or altered or re-enacted
by the state legislature.
4. Correct Option: (b)
Explanation:
 Option (b) is correct
Supplementary notes:
Differences between the State and the
National Emergencies
# State Emergency (Article 356)
It can be proclaimed when the government of a
state cannot be carried on in accordance with
the provisions of the Constitution due to reasons
which may not have any connection with war,
external aggression, or armed rebellion.
RE
During its operation, the state executive
is dismissed and the state legislature is
either suspended or dissolved. The president
administers the state through the governor
and the Parliament makes laws for the state.
In brief, the executive and legislative powers of
the state are assumed by the Centre.
Under this, the Parliament can delegate the
power to make laws for the state to the President
or to any other authority specified by him. So
far, the practice has been for the president to
make laws for the state in consultation with
the members of Parliament from that state.
Such laws are known as President’s Acts.
There is a maximum period prescribed for its
Every resolution of Parliament approving its
proclamation or its continuance can be passed
only by a simple majority.
It does not affect the Fundamental Rights of
the citizens.
There is no such provision. It can be revoked by
the President only on his own.
Supplementary notes:
Parliamentary approval and the duration
of a financial emergency
 A proclamation declaring financial
emergency must be approved by both the
Houses of Parliament within two months
from the date of its issue. However, if the
proclamation of Financial Emergency is
issued at a time when the Lok Sabha has
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 been dissolved or the dissolution of the Lok
Sabha takes place during the period of two
months without approving the proclamation,
then the proclamation survives until 30
days from the first sitting of the Lok Sabha
after its reconstitution, provided the Rajya
Sabha has in the meantime approved it.
 Once approved by both the Houses of
Parliament, the Financial Emergency
continues indefinitely till it is revoked. This
implies two things:
 there is no maximum period prescribed
for its operation; and
 repeated parliamentary approval is not
required for its continuation.
6. Correct Option: (b)
Explanation:
 Option (b) is correct
Supplementary notes:
Revocation of a financial emergency
 A proclamation of Financial Emergency
may be revoked by the president at any
time by a subsequent proclamation. Such a
proclamation does not require parliamentary
approval.
 No Financial Emergency has been declared
so far, though there was a financial crisis
in 1991.
7. Correct Option: (c)
Explanation:
 Statement 2 is incorrect:
to operate.
Supplementary notes:
Effects of National Emergency on
Federalism
 While a proclamation of Emergency is in
force, the normal fabric of the Centre-state
relations undergoes a basic change. This
can be studied under three heads, namely,
executive, legislative and financial.
 Executive During a national emergency,
the executive power of the Centre extends
to directing any state regarding the manner
in which its executive power is to be
exercised. In normal times, the Centre can
give executive directions to a state only on
certain specified matters.
 However, during a national emergency, the
Centre becomes entitled to give executive
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directions to a state on ‘any’ matter. Thus,
the state governments are brought under
the complete control of the Centre, though
they are not suspended.
 Legislative During a national emergency,
the Parliament becomes empowered to
make laws on any subject mentioned in the
State List. Although the legislative power
of a state legislature is not suspended, it
becomes subject to the overriding power of
the Parliament.
 Thus, the normal distribution of the
legislative powers between the Centre and
states is suspended, though the states
Legislatures are not suspended. In brief,
the Constitution becomes unitary rather
than federal.
 The laws made by Parliament on the state
subjects during a National Emergency
become inoperative six months after the
emergency has ceased to operate.
 Notably, while a proclamation of national
emergency is in operation, the President
can issue ordinances on the state subjects
also, if the Parliament is not in session.
 Further, the Parliament can confer powers
and impose duties upon the Centre or its
officers and authorities in respect of matters
outside the Union List, in order to carry
out the laws made by it under its extended
jurisdiction as a result of the proclamation
of a National Emergency.
 The 42nd Amendment Act of 1976 provided
that the two consequences mentioned above
states.
 This means that the president can either
reduce or cancel the transfer of finances
from Centre to the states. Such modification
continues till the end of the financial year in
which the Emergency ceases to operate.
 Also, every such order of the President
has to be laid before both the Houses of
Parliament.
8. Correct Option: (b)
Explanation:
 Statement 1 is incorrect: Entry 17 of the
State List deals with water i.e. water supply,
irrigation, canal, drainage, embankments,
water storage, and water power.
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 Supplementary notes:
Inter-state water dispute - Constitutional
Provisions
 Entry 17 of the State List deals with water
i.e. water supply, irrigation, canal, drainage,
embankments, water storage, and water
power.
 Entry 56 of Union List empowers the
Union Government for the regulation and
development of inter-state rivers and river
valleys to the extent declared by Parliament
to be expedient in the public interest.
 According to Article 262, in case of disputes
relating to waters:
 Parliament may by law provide for the
adjudication of any dispute or complaint
with respect to the use, distribution or
control of the waters of, or in, any inter-
State river or river valley.
 Parliament may, by law provide that
neither the Supreme Court nor any
other court shall exercise jurisdiction in
respect of any such dispute or complaint
as mentioned above.
9. Correct Option: (c)
Explanation:
 Option (c) is correct
Supplementary notes:
Inter-state councils

State Council.

deficit between the Center and the States.
 Inter-State Council is not a permanent
constitutional body, which can be created at
any time if it seems to the President that
the public interest would be served by the
establishment of such council.
 It was set up in 1990 through a presidential
ordinance for the first time as per
the recommendations of the Sarkaria
Commission under the Ministry of Home
affairs.
 Prime Minister acts as the chairman of
the council.
 Members of Inter-State Council include
 Union Ministers of Cabinet rank in the
Union
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 Council of Ministers nominated by the
Prime Minister.
 Chief Ministers of all states
10. Correct Option: (a)
Explanation:
 Option (a) is correct
Supplementary notes:
Zonal Councils
 The Zonal Councils are the statutory (and
not the constitutional) bodies. They are
established by an Act of the Parliament,
that is, States Reorganisation Act of 1956.
 The act divided the country into five zones-
Northern, Central, Eastern, Western and
Southern and provided a zonal council for
each zone.
 In addition to the above mentioned Zonal
Councils, a North-Eastern Council was
created by a separate Act of Parliament, the
North-Eastern Council Act of 1971.
 These councils are advisory bodies that make
recommendations with regard to any matter
of common interest in the field of economic
and social planning between the Centre and
States border disputes, linguistic minorities,
inter-State transport or matters connected
with the reorganisation of States.
11. Correct Option: (c)
established under the States Reorganisation
Act 1956 and not constitutional bodies. They
are only deliberative and advisory bodies
that aim to promote interstate cooperation
and coordination. They do not frame laws
and rules.
 The main objectives of setting up of Zonal
Councils are:
 Bringing out national integration.
 Arresting the growth of acute State
consciousness, regionalism, linguism
and particularistic tendencies.
 Enabling the Centre and the States
to co-operate and exchange ideas and
experiences.
 Establishing a climate of co-operation
amongst the States for successful
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 and speedy execution of development
projects.
12. Correct Option: (c)
Explanation:
 Statement 1 is incorrect: When the
legislatures of two/more states pass a
resolution requesting the Parliament to
enact laws on a matter in the State List.
 Statement 3 is incorrect: No such provision
is present for financial emergency.
Supplementary notes:
Parliamentary legislation in the State
field
 Parliament can make laws on any matter
enumerated in the State List under the
following 5 extraordinary circumstances –
 When RS passes a resolution
 During a National Emergency
 When states make a request
 To implement International
Agreements
 During President’s Rule
 When RS passes a resolution –
 If the RS declares that it is necessary for
the National Interest that Parliament
should make laws on matter enumerated
in the State List

voting.
 During a National Emergency –

in operation.
 The laws become inoperative on
the expiration of 6 months after the
emergency has ceased to operate.
 When states make a request –
 When the legislatures of two/more
states pass a resolution requesting the
Parliament to enact laws on a matter in
the State List.
 A law so enacted applies only to those
states which have passed the resolution.
Any other state may adopt it afterward
by passing a resolution.
 Such a law can be repealed/amended only
by the Parliament & not by concerned
state legislatures.
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 Ex. Prize Competition Act, 1955; Wildlife
(Protection) Act, 1972; Water (Prevention
& Control of Pollution) Act, 1974 etc.
 To implement International
Agreements:
 Parliament can make laws for
implementing International treaties,
agreements, or conventions
 Ex. UN (Privileges & Immunities) Act,
1947; Geneva Convention Act, 1960;
legislation relating to TRIPS etc.
 During President’s Rule –
 When the President’s rule is imposed on
the state, the Parliament can make laws
on matters in the State List.
 A law made so by the parliament
continues to be operative even after the
President’s rule.
 But, such a law can be repealed/altered/
re-enacted by the State Legislature.
13. Correct Option: (b)
Explanation:
 Statement 1 is incorrect: The President
can delegate executive functions of the
Centre to the State, with the consent of the
State.
Supplementary notes:
Mutual Delegation of Functions
consent of the state govt.) entrust to that
govt. any of the executive functions of the
Centre.
 Conversely, the Governor of a state may
(with the consent of the Central govt.)
entrust to that govt. any of the executive
functions of the state.
 Constitution also makes a provision for the
entrustment of the executive functions of
the Centre to a state (without the consent
of that state) here, the delegation is by
Parliament (not by President)
 Mutual delegation of functions between the
Centre and State can take place either under
an agreement or by legislation. (Centre can
use both the methods but a state can use
only the agreement method)
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14. Correct Option: (a)
Explanation:
 Option (a) is correct
Supplementary notes:
Vice President of India
 Article 63 of the Constitution provides for
the office of Vice-President in India.
 Vice-President occupies the second highest
office in the country and is the ex-officio
chairman of the council of states.
 He is accorded a rank next to the President
in the official warrant of precedence.
 This office is modelled on the lines of the
American Vice- President.
 As per Article 66 of the constitution, to
be eligible for election as Vice-President,
a person should fulfil the following
qualifications:
 He should be a citizen of India.
 He should have completed 35 years
of age.
 He should be qualified for election
as a member of the Rajya Sabha.
 He should not hold any office of
profit under the Union government
or any state government or any
local authority or any other public
authority.

President.
 Sarvepalli Radhakrishna
vice-President of India.
16. Correct Option: (a)
 Presently, Sarvepalli Radhakrishnan and
Mohammad Hamid Ansari together hold the
record of holding office of Vice-President of
India for a period of 9 years and 364 days.
15. Correct Option: (c)
Explanation:
 Statement 1 is incorrect: The Advocate
General has the right to speak and to take
part in the proceedings of both the Houses
or any committee of the state legislature
but does not have the Right to vote.
 Statement 2 is incorrect: The term of
office of the advocate general is during the
pleasure of the Governor.
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Supplementary notes:
Advocate General of the State
 The Constitution (Article 165) has provided
for the office of the advocate general for the
states. He is the highest law officer in the
state. Thus he corresponds to the Attorney
General of India.
 The advocate general is appointed by the
governor. He must be a person who is
qualified to be appointed a judge of a high
court. In other words, he must be a citizen
of India and must have held a judicial office
for ten years or been an advocate of a high
court for ten years.
 As the chief law officer of the government in
the state, the duties of the advocate general
include the following:
 To give advice to the government of the
state upon such legal matters which are
referred to him by the governor.
 To perform such other duties of a legal
character that are assigned to him by
the governor.
 To discharge the functions conferred on
him by the Constitution or any other
law.
 The term of office of the advocate general is
not fixed by the Constitution. Further, the
Constitution does not contain the procedure
and grounds for his removal. He holds
office during the pleasure of the governor.
This means that he may be removed by the
governor at any time.
Explanation:
 Option (a) is correct
Supplementary notes:
Discretionary power
 The decisions can be taken by the governor’s
discretion which is categorized into two
parts:
 Constitutional
 Situational
Constitutional Discretion of Governor
 The Governors of states can act at their
constitutional discretion in the following
instances:
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  When they have to reserve the bill for the
consideration of the President of India,
Governors can decide on their own without
the advice of the Council of Ministers
 When he has to recommend for the
President’s rule in the state, he can act at
his own discretion
 When he is given an additional charge as
the administrator of the Union Territory, he
can take actions at his own discretion
 When he has to determine the amount
payable by the Government of Assam,
Meghalaya, Tripura, and Mizoram to an
autonomous Tribal District Council as
royalty accruing from licenses for mineral
exploration
 When he calls upon the Chief Minister to
seek information regarding administrative
and legislative affairs
Situational Discretion of the Governor
 The Governors of states can act at their
situational discretion in the following
instances:
 When he has to appoint a Chief Minister
after no party has a clear majority in the
election or when the incumbent dies in the
office
 When he dismisses the council of ministers
on an inability to prove confidence in the
state legislative assembly
 When he dissolves the state legislative
assembly on time when it loses its majority
17. Correct Option: (c)
Explanation:
 Both statements are correct
Supplementary notes:
Article 74 - Union Council of Ministers
 Article 74 of the Constitution of the Republic
of India provides for a Council of Ministers
which shall aid the President in the exercise
of the President’s functions.
 Before the 42nd amendment, Article 74(1)
stated that, “there shall be a Council of
Ministers with the Prime Minister at the
head to aid and advise the President in
the exercise of his functions”. This means
that even if the Parliament has been
dissolved, there must be a Council
of Ministers to aid and advise the
President.
 However, there was a slight ambiguity
as to whether the advice of the Council of
Ministers is binding on the President. Forty-
second Amendment of the Constitution
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of India (1976) made it explicit that the
President shall “act in accordance with such
advice”.
 The 44th Amendment (1978) however added
that the President can send the advice back
for reconsideration once. But if the Council
of Ministers sends the same advice again
to the President then the President must
accept it.
 The question whether any, and if so
what, advice was tendered by Ministers
to the President shall not be inquired
into in any court.
18. Correct Option: (c)
Explanation:
 Statement 2 is incorrect: They are
determined by the chief minister according to
the exigencies of the time and requirements
of the situation.
Supplementary notes:
Composition of Council of Ministers
 The original Constitution did not specify the
size of the state council of ministers or the
ranking of ministers. They are determined
by the chief minister according to the
exigencies of the time and requirements of
the situation.
 The 91st Amendment Act, 2003 added a
clause in Article 75 that the total number
of Ministers, including the Prime Minister,
in the Council of Ministers shall not exceed
of members of the Legislative Assembly of
that State.
 Like at the Centre, in the states too, the
council of ministers consists of three
categories of ministers, namely, cabinet
ministers, ministers of state, and deputy
ministers. The difference between them
lies in their respective ranks, emoluments,
and political importance. At the top of all
these ministers stands the chief minister–
supreme governing authority in the state.
 The cabinet ministers head the important
departments of the state government like
home, education, finance, agriculture
and so forth3. They are members of the
cabinet, attend its meetings and play an
important role in deciding policies. Thus,
their responsibilities extend over the entire
gamut of state government.
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  The ministers of state can either be given
independent charge of departments or can
be attached to cabinet ministers. However,
they are not members of the cabinet and
do not attend the cabinet meetings unless
specially invited when something related
to their departments are considered by the
cabinet.
 Next in rank are the deputy ministers.
They are not given independent charge
of departments. They are attached to the
cabinet ministers and assist them in their
administrative, political and parliamentary
duties.
 They are not members of the cabinet and
do not attend cabinet meetings. At times,
the council of ministers may also include
a deputy chief minister. The deputy chief
ministers are appointed mostly for local
political reasons.
19. Correct option: (d)
Explanation:
 Option (d) is correct: According to
NCRWC report the Election Commission,
rather than the Speaker or Chairman of the
House concerned, should have the authority
to determine on questions of defection
disqualification.
Supplementary notes:
Recommendation of the Commission
 There were 249 recommendations in total
Fundamental Rights:
 Under Article 15 and 16, discrimination
should be prohibited on the basis of “ethnic
or social origin, political or other viewpoint,
property, or birth”.
 Article 19’s freedom of speech and expression
should be expanded to expressly include
“the freedom of the press and other media,
etc.”
 Article 21-A, the right to education, should
be expanded.
 In terms of preventive detention two
adjustments should be made:
 The maximum length should be six months;
and
 The advisory board should be composed of
a chairman and two other members who
should be serving judges of any high court.
9
 Sikhism, Jainism, and Buddhism should be
considered as independent religions from
Hinduism, and the clauses combining them
under Article 25 should be removed.
 During the operation of a national emergency,
the enforcement of the Fundamental Rights
under Articles 17, 23, 24, 25, and 32, as well
as those under Articles 20 and 21, will not
be suspended.
On Comptroller and Auditor General of
India (Lack of quality of report):
 According to the National Commission
to Review the Constitution’s Workings,
“administrative departments frequently
criticize the audit department’s operation.”
 They point out that audits frequently focus
on minor concerns and a negative fault-
finding approach rather than finding a
solution to the administration’s problem.
On Directive Principles:
 Part IV of the Constitution’s heading should
be changed to ‘Directive Principles of State
Policy and Action.’
 A new Directive Principle on Population
Control should be added to the list.
 Every five years, an independent National
Education Commission should be
established.
 To promote inter-religious harmony and
social solidarity, an Inter-Faith Commission
should be constituted.
Duties should be adopted as soon as
possible.
 Article 51-A should add the following new
essential responsibilities:
 The responsibility to vote in elections,
participate actively in the democratic
process of governance and pay taxes.
 To promote a sense of family values
and responsible parenting in matters of
children’s education, physical, and moral
well-being.
On State funding of election:
 The National Commission to Review the
Constitution’s Workings did not support
state funding of elections but agreed with
the 1999 law commission report that an
appropriate framework for regulating
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 political parties would need to be put in place
before state funding could be considered.
On Anti-Defection Law:
 All individuals who defect (individually or in
groups) from the party or alliance of parties
on whose ticket they were elected must
renounce their parliamentary or assembly
seats and run in new elections.
 The defectors should be forbidden from
holding any public office, including
ministerial positions, or any other
remunerative political position, for at least
the remainder of the current legislature’s
term or until the next elections, whichever
comes first.
 A vote cast by a defector to overthrow a
government should be considered void.
 The Election Commission, rather than
the Speaker or Chairman of the House
concerned, should have the authority
to determine on questions of defection
disqualification.
On Center-State Relations:
 The National Commission to Review
the Working of the Constitution made
recommendations, many of which were
similar to those made by the Sarkaria
Commission. The following few of the novel
recommendations:
 According to Article 307, a legislative
organization named the Inter-State Trade
and Commerce Commission should be
constituted.

management.
 In the event of a political breakdown
in a state, the state should be given an
opportunity to explain its position and
correct the situation before invoking Article
356, to the extent possible.
 The 1990 Inter-State Council directive
should explicitly outline the topics
that should be discussed during the
discussions.
On Electoral Process:
 Any election campaigning on the basis of
caste or religion and any attempt to spread
caste and communal hatred during elections
should be punishable with mandatory
imprisonment. If such acts are done at the
instance of the candidate or by his election
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agents, these would be punishable with
disqualification.
 The Chief Election Commissioner and
the other Election Commissioners should
be appointed on the recommendation of
a body consisting of the Prime Minister,
Leader of the Opposition in the Lok Sabha,
Leader of the Opposition in the Rajya
Sabha, the Speaker of the Lok Sabha and
the Deputy Chairman of the Rajya Sabha.
Similar procedure should be adopted in
the case of appointment of State Election
Commissioners.
20. Correct Option: (a)
Explanation:
 Statement 2 is incorrect: The discretion
was first exercised by President in 1979
when Neelam Sanjiva Reddy (then
President) appointed Charan Singh after
fall of Morarji Desai govt.
Supplementary notes:
Appointment of Prime Minister
 Constitution does not contain any specific
procedure for the selection and appointment
of the prime minister.
 Under article 75 The Prime Minister shall
be appointed by the President and the other
Ministers shall be appointed by the President
on the advice of the Prime Minister
 The total number of Ministers, including the
Prime Minister, in the Council of Ministers
Explanation:
 Statement 1 is incorrect: President can
issue an ordinance whenever parliamentary
legislation is not possible i.e. any of the
House of the Parliament is not in session.
 Statement 3 is incorrect: Any ordinance
ceases to be operative six weeks after
the reassembly of the both House of the
Parliament unless it is passed by the
Parliament within this duration.
Supplementary notes:
Limitations to the Ordinance-making
power of the President
 He can promulgate an ordinance only
when both or either of the two Houses of
Parliament is not in session. An ordinance
10
 can also be issued when only one House is in
session because a law can be passed by both
the Houses and not by one House alone. An
ordinance made when both the Houses are
in session is void. Thus, the power of the
President to legislate by ordinance is not a
parallel power of legislation.
 He can make an ordinance only when he
is satisfied that the circumstances exist
that render it necessary for him to take
immediate action. In the Cooper case,
(1970), the Supreme Court held that the
22. Correct Option: (c)
President’s satisfaction can be questioned
in a court on the ground of malafide. This
means that the decision of the President
to issue an ordinance can be questioned in
a court on the ground that the President
has prorogued one House or both Houses
of Parliament deliberately intending to
RE
promulgate an ordinance on a controversial
subject, so as to bypass the parliamentary
decision and thereby circumventing the
authority of the Parliament. The 38th
Constitutional Amendment Act of 1975
made the President’s satisfaction final
and conclusive and beyond judicial review.
44th Constitutional Amendment Act of
O
But, this provision was deleted by the
1978. Thus, the President’s satisfaction is
justiciable on the ground of malafide.
SC
 His ordinance-making power is coextensive
as regards all matters except duration, with
the law-making powers of the Parliament.
This has two implications:
 An ordinance can be issued only on those
make laws.
GS
Parliament.

away any of the fundamental rights.
 Every ordinance issued by the President
during the recess of Parliament must be laid
before both the Houses of Parliament when
it reassembles. If the ordinance is approved
by both the Houses, it becomes an act.
 If Parliament takes no action at all, the
ordinance ceases to operate on the expiry
of six weeks from the reassembly of
Parliament. The ordinance may also cease
to operate even earlier than the prescribed
six weeks if both the Houses of Parliament
pass resolutions disapproving it.
 If the Houses of Parliament are summoned
to reassemble on different dates, the period
of six weeks is calculated from the later of
those dates. This means that the maximum
life of an ordinance can be six months
11
and six weeks, in case of non-approval
by the Parliament (six months being the
maximum gap between the two sessions of
Parliament).
 If an ordinance is allowed to lapse without
being placed before Parliament, then the
acts done and completed under it, before
it ceases to operate, remain fully valid and
effective.
Explanation:
 Statement 1 is incorrect: The Constitution
does not contain any specific procedure for
the selection and appointment of the Chief
Minister.
Statement 2 is incorrect: The Constitution

does not require that a person must prove his
majority in the legislative assembly before
he is appointed as the Chief Minister.
Supplementary notes:
Appointment of Chief Minister
The Constitution does not contain any

specific procedure for the selection and
appointment of the Chief Minister. Article
164 only says that the Chief Minister shall
be appointed by the governor. However, this
does not imply that the governor is free to
appoint anyone as the Chief Minister.
 In accordance with the conventions of the
parliamentary system of government,
the governor has to appoint the leader of
appoints the leader of the largest party
or coalition in the assembly as the Chief
Minister and asks him to seek a vote of
confidence in the House within a month.
The governor may have to exercise his
individual judgement in the selection and
appointment of the Chief Minister when the
Chief Minister in office dies suddenly and
there is no obvious successor.
 However, on the death of a Chief Minister,
the ruling party usually elects a new leader
and the governor has no choice but to appoint
him as Chief Minister. The Constitution does
not require that a person must prove his
majority in the legislative assembly before
he is appointed as the Chief Minister.
 The governor may first appoint him as the
Chief Minister and then ask him to prove his
PTS2023/ITS-07/052022/02
 majority in the legislative assembly within
a reasonable period. This is what has been
done in a number of cases. A person who is
not a member of the state legislature can be
appointed as Chief Minister for six months,
within which time, he should be elected to
the state legislature, failing which he ceases
to be the Chief Minister.
 According to the Constitution, the Chief
Minister may be a member of any of the
two Houses of a state legislature. Usually
Chief Ministers have been selected from the
Lower House (legislative assembly), but,
on a number of occasions, a member of the
Upper House (legislative council) has also
been appointed as Chief Minister.
23. Correct Option: (c)
Explanation:
 Statement 2 is incorrect: Attorney
General of India is appointed by the
President of India
Supplementary notes:
Executive Powers of Governor
 The Governor is the chief executive of the
state.
 The Governor takes all executive decisions
on behalf of the state government [Article
166(1)].
 The Governor appoints the Chief
Minister and other cabinet members.
They serve at the pleasure of the Governor
[Article 164].

[Article 166(3)]

and determines his tenure and conditions of
service.
 He has the authority to recommend to
the President the declaration of a state of
constitutional emergency.
 He may request from the Chief Minister any
information pertaining to the administration
of the state’s affairs, as well as legislative
suggestions [Article 167].
 The governor appoints the state election
commissioner and establishes his term
of office and working conditions [Article
243K].
 He appoints the chairman of the state
public service commission as well as
the members of the commission. They
can, however, only be dismissed by the
President and not by a Governor.
PTS2023/ITS-07/052022/02
 He serves as Chancellor of the state’s
universities and appoints Vice
Chancellors.
 The Governor appoints the Chief Minister,
and appoints the other ministers on the
advice of the Chief Ministers.
24. Correct Option: (c)
Explanation:
 Both statements are correct
Supplementary notes:
Conditions of Office of Vice President
 The Vice-President holds office for a term of
five years from the date on which he enters
upon his office.
 The Constitution lays down the following
two conditions of the Vice-President’s
office:
 He should not be a member of either
House of Parliament or a House
of the state legislature. If any such
person is elected Vice-President, he is
deemed to have vacated his seat in that
House on the date on which he enters
upon his office as Vice-President.
 He should not hold any other office of
profit.
 A sitting President or Vice-President
of the Union, the governor of any state
and a minister for the Union or any
 Both statements are correct
Supplementary notes:
Appointment of Governor
 The Indian Constitution, in Article 165,
enables and authorises the President of
India to appoint the Governor of State by
warrant under his hand and seal for a
five-year term.
 The Governor is not directly elected by the
people, and neither is he elected indirectly
by a special electoral college.
 The Governor is appointed by the President
and serves at his pleasure.
 One person can be appointed as a Governor
of two or more States.
12
26. Correct Option: (a)
Explanation:
 Option (a) is correct
Supplementary notes:
Recommendations of Punchhi
Commission for the appointment of state
chief ministers by Governor
 In case of appointment of state chief
ministers, the Punchhi Commission
recommended that:
 There should be clear guidelines on the
chief ministers’ appointment so that the
discretionary powers of the governor are
limited in this regard.
 A pre-poll alliance to be regarded as one
political party.
 Order of precedence informing state
government:
 The group/alliance with the largest
pre-poll alliance with the highest
number.
 The single largest party with support
from others.
 The post-poll alliance with a few
parties joining the government.
 The post-poll alliance with a few
parties joining the government and
remaining including independents
giving outside support.
27. Correct Option: (a)
Explanation:
 Statement 2 is incorrect:
promotes District Judges.
Supplementary notes:
Judicial power of Governor
 Article 161 grants the Governor the
authority to give pardons, reprieves,
respites, or remission of penalty, or to
suspend, remit, or commute the sentence
of any person convicted by the Courts of
any offence against any legislation related
to a matter to which the State’s executive
jurisdiction extends.
 Governor cannot commute a death
sentence.
 In consultation with the State High Court,
the Governor appoints, posts, and promotes
District Judges.
13
 The President consults the Governor before
appointing the chief justice and judges of
the relevant State High Court.
28. Correct option: (c)
Explanation:
 Both statements are correct
Supplementary notes:
President and Prime Minister
 Following are the powers of the PM in
relation to the President:
 The PM acts as the main communication
channel in between the council of
ministers and the President of India.
 It is based on his sheer advice that
President appoints The Attorney General
of India, CAG, Chairman of various
commissions etc.
 He gives advice to President concerning
the proroguing, summoning and
dissolving of Parliament sessions.
 Further, the PM is considered to be the head
of the Union Government as per the Indian
Constitution while the President is mainly,
the head of the State as he derives these
powers from the Constitution in itself.
 PM along with his council is collectively
responsible to President.
 Even though, the post acquired by President
is merely ceremonial; but one cannot totally
Also, it is worth mentioning that, during
a ‘Hung-Parliament’, the role of President
gains much impetus.
29. Correct Option: (d)
Explanation:
 Option (d) is correct
Supplementary notes:
Collective responsibility of the Ministers
 Cabinet collective responsibility, also known
as collective ministerial responsibility, is a
constitutional convention in parliamentary
systems that members of the cabinet must
publicly support all governmental decisions
made in Cabinet, even if they do not
privately agree with them.
PTS2023/ITS-07/052022/02
  Cabinet collective responsibility is related
to the fact that if a vote of no confidence is
passed in parliament, the government is
responsible collectively, and thus the entire
government resigns.
 Cabinet collective responsibility is
not the same as individual ministerial
responsibility, which states that
ministers are responsible for the
running of their departments, and
therefore culpable for the departments’
mistakes.
 Article 75 of the Indian constitution
clearly states that the COM is collectively
responsible to the Lok Sabha. This means
that all the ministers own joint responsibility
to the Lok Sabha for all their acts of omission
and commission.
30. Correct Option: (a)
Explanation:
 Option (a) is correct: A bill seeking to
amend the Constitution does not require
the prior recommendation of the President.
Supplementary notes:
Legislative Power of the President
 His prior recommendation or permission
is needed to introduce certain types of
bills in the Parliament. For example, a bill
involving expenditure from the Consolidated
state.
Financial Power of the President

President are:
 Money bills can be introduced in
the Parliament only with his prior
recommendation.
 He causes to be laid before the Parliament
the annual financial statement (i.e., the
Union Budget).
 No demand for a grant can be made except
on his recommendation.
 He can make advances out of the contingency
fund of India to meet any unforeseen
expenditure.
 He constitutes a finance commission
after every five years to recommend the
distribution of revenues between the Centre
and the states.
PTS2023/ITS-07/052022/02
31. Correct Option: (b)
Explanation:
 Statement 1 is incorrect: Constitution
does not require a person to prove his
majority in Lok Sabha before he/she is
appointed as prime minister.
Supplementary notes:
Appointments in Parliament
 Charan Singh (1979), V P Singh (1989),
Chandrashekhar (1990), P V Narsimha
Rao (1991), A B Vajpayee (1996), H D Deva
Goda (1996), IK Gujral (1997) were first
appointed as prime minister and they later
proved their majority in Lok Sabha.
 In 1980, Delhi High Court held that the
Constitution does not require that a person
must prove his majority in Lok Sabha before
he/she is appointed as prime minister.
32. Correct Option: (b)
Explanation:
 Option (b) is correct
Supplementary notes:
Article 75 - Union Council of Ministers
 Article 75 of the Constitution states that
The Prime Minister of India is appointed by
the President.
 Other provisions under Article 75:
collectively responsible to the House
of the People
 Before a Minister enters upon his office,
the President shall administer to him the
oaths of office and of secrecy according to
the forms set out for the purpose in the
Third Schedule
 A Minister who for any period of six
consecutive months is not a member of
either House of Parliament shall at the
expiration of that period cease to be a
Minister
 The salaries and allowances of Ministers
shall be such as Parliament may from
time to time by law determine and, until
Parliament so determines, shall be as
specified in the Second Schedule
14
33. Correct Option: (c)
Explanation:
 Statement 2 is incorrect: Investigation
to the charges made in the impeachment
resolution can be done by any House, once
the impeachment resolution has been
passed by 2/3rd majority of the other House
of the Parliament.
 Statement 4 is incorrect: President
has the right to make his/her appearance
during the investigation of the charges,
but he cannot be present during the
discussion of the resolution in the House
of the Parliament that has initiated the
impeachment resolution.
Supplementary notes:
Impeachment of the President
 The impeachment charges can be initiated by
either House of Parliament. These charges
should be signed by one-fourth of members
of the House (that framed the charges),
and a 14 days’ notice should be given to
the President. After the impeachment
resolution is passed by a majority of two-
thirds of the total membership of that House,
it is sent to the other House, which should
investigate the charges. The President has
the right to appear and to be represented
in such an investigation. If the other House
also sustains the charges and passes the
impeachment resolution by a majority of
two-thirds of the total membership, then
the President stands removed from his
office from the date on which the resolution
is so passed.

two things should be noted:

impeachment of the President though
they do not participate in his election;
 The elected members of the legislative
assemblies of states and the Union
Territories of Delhi and Puducherry do
not participate in the impeachment of
the President though they participate in
his election.
 No President has so far been impeached.
34. Correct Option: (d)
Explanation:
 Statement 2 is incorrect: He can be
removed by a resolution of the Rajya Sabha
passed by an absolute majority and passed
agreed to by the Lok Sabha via simple
majority.
15
Supplementary notes:
Removal of Vice President
 The Vice-President holds office for a term of
five years from the date on which he enters
upon his office.
 However, he can resign from his office at any
time by addressing the resignation letter to
the President.
 He can also be removed from the office
before completion of his term.
 Unlike President of India who can be
impeached formally; there is no formal
impeachment for Vice President.
 He can be removed by a resolution of
the Rajya Sabha passed by an effective
majority (i.e., a majority of all the then
members of the House) and passed
agreed to by the Lok Sabha via simple
majority.
 But, no such resolution can be moved unless
at least 14 days’ advance notice has been
given.
 Notably, no ground has been mentioned
in the Constitution for his removal.
35. Correct Option: (a)
Explanation:
 Option (a) is incorrect
Supplementary notes:
 The Bills introduced by private members
are referred to as Private Member’s Bills.
The Bills introduced by ministers are called
government Bills.
 The government bills have the backing of
the government and reflect its legislative
agenda.
 Whether the Private Bill has to
be admitted or not is decided by
the Speaker of the Lok Sabha or
Chairperson of the Rajya Sabha.
 Since in respect of Private Members’ Bills,
members may not have access to expert
advice, and there are certain procedures
regulating consideration of Private
Members’ Bills. The main requirements are
listed below:-
PTS2023/ITS-07/052022/02
  The period of notice of a motion
for leave to introduce a Bill is one
month, unless the Presiding officer
of the House allows the motion to be
made at shorter notice.
 The notice of a motion seeking
introduction of a Private Member’s Bill
has to be “accompanied by a copy of the
Bill and an explanatory Statement of
Objects and Reasons”.
 The Rajya Sabha Secretariat says
that a member can give a maximum
of three notices for introduction
of a Private Member Bill during
any session while the Lok Sabha
Secretariat says “a member cannot
introduce more than four Bills
during a session” although he or she
can authorize “any other member
to introduce the Bill, in which case
the member who introduces the Bill
becomes the member in-charge of
the Bill”.
 While a government Bill can be
introduced and discussed on any day, a
private member’s bill is only introduced
and discussed on Fridays.
 In case of multiple Bills, a ballot system
is used to decide the sequence of bills for
introduction.
 In a report by PRS Legislative Research,
no Private Members’ Bill had been
passed by Parliament since 1970, when
the ‘The Supreme Court (Enlargement
alone.

Persons Bill, 2014, was passed by the
Rajya Sabha in 2015, but remains stuck
in the Lok Sabha.
36. Correct Option: (c)
Explanation:
 Both statements are correct
Supplementary notes:
Ordinary Bills
 Procedurally, the Bills are classified as:
 Ordinary Bills
 Money Bills and Financial Bills
 Ordinance Replacing Bills
 Constitution Amendment Bills
PTS2023/ITS-07/052022/02
 An ordinary bill can be introduced either in
the Lok Sabha or the Rajya Sabha.
 It can be introduced either by a minister
or by a private member without the prior
recommendation of the President.
 It can be amended or rejected by the
Rajya Sabha. The Rajya Sabha can
detain an ordinary bill for a maximum
period of six months.
 It is sent for the President’s assent only after
being approved by both the Houses. In case
of a deadlock due to disagreement between
the two Houses, a joint sitting of both the
houses can be summoned by the president
to resolve the deadlock.
 It can be rejected, approved, or returned for
reconsideration by the President.
 In case of states, an ordinary bill can originate
in either House of the state legislature (in
case of a bicameral legislature).
 After the bill is passed by the originating
House, it is transmitted to the second
House for consideration and passage. A
bill is deemed to have been passed by the
state legislature only when both the Houses
have agreed to it, either with or without
amendments. In case of a unicameral
legislature, a bill passed by the legislative
assembly is sent directly to the governor for
his assent.
 If the State Legislative Council passes the
bill without amendments or the assembly
accepts the amendments suggested by the
council, the bill is deemed to have been
may pass the bill again and transmit the
same to the council.
 If the council rejects the bill again or passes
the bill with amendments not acceptable to
the assembly or does not pass the bill within
one month, then the bill is deemed to have
been passed by both the Houses in the form
in which it was passed by the assembly for
the second time.
 Therefore, the ultimate power of passing
an ordinary bill is vested in the assembly.
At the most, the council can detain
or delay the bill for a period of four
months—three months in the first
instance and one month in the second
instance.
 The Constitution does not provide for the
mechanism of joint sitting of both the Houses
16
 to resolve the disagreement between the
two Houses over a bill. Moreover, when
a bill, which has originated in the
council and was sent to the assembly,
is rejected by the assembly, the bill
ends and becomes dead.
37. Correct Option: (c)
Explanation:
 Option (c) is correct: As per A-110 of
the Indian Constitution money bills are
those which exclusively contain provisions
for imposition of taxes and appropriation
of funds out of the Consolidated Fund of
India.
Supplementary notes:
Money Bill
 Article 110 of the Indian Constitution
provides for the definition of a money bill.
 As per Article 110 (1), a Bill shall be
deemed to be a Money Bill if it contains only
provisions dealing with all or any of the
following matters, namely:
 the imposition, abolition, remission,
alteration or regulation of any tax;
 the regulation of the borrowing of
money or the giving of any guarantee
by the Government of India, or the
amendment of the law with respect to
any financial obligations undertaken or
to be undertaken by the Government of
India;


consolidated Fund of India;
 the declaring of any expenditure to be
expenditure charged on the Consolidated
Fund of India or the increasing of the
amount of any such expenditure;
 the receipt of money on account of the
Consolidated Fund of India or the public
account of India or the custody or issue of
such money or the audit of the accounts
of the Union or of a State; or
 any matter incidental to any of the
matters specified in sub clause (a) to (f)
 Under Article 110 (2), a Bill shall not be
deemed to be a Money Bill by reason only
that it provides for the imposition of fines
or other pecuniary penalties, or for the
demand or payment of fees for licences or
fees for services rendered, or by reason that
17
it provides for the imposition, abolition,
remission, alteration or regulation of any
tax by any local authority or body for local
purposes.
The Appropriation Bill gives power to the
government to withdraw funds (through
Appropriation Bills, a money bill with the
prior sanction from the President) from the
Consolidated Fund of India for meeting the
expenditure during the financial year.
The contingency fund of the Union government
is at the disposal of the President of India,
who releases the funds on request of the
Union Cabinet, which later gets an approval
from Parliament. A Parliament approval is
mandatory (but later).
So, ‘Appropriation’ here is different from
‘withdrawal’.
38. Correct Option: (c)
Explanation:
 Option (c) is correct: The Zero Hour is not
mentioned in the Rules of Procedure and
thus it is an informal device.
Supplementary notes:
Devices of Parliamentary Proceedings
 Short duration Motion: The short
duration discussion is a procedural device
to enable members to raise discussion on
matters of urgent public importance without
a formal motion on a matter of urgent public
questions can also be asked to the private
members (MPs who are not ministers)
 Zero Hour: Zero Hour is an Indian
parliamentary innovation. It is not
mentioned in the parliamentary rules
book. Under this, MPs can raise matters
without any prior notice. The zero hour
starts immediately after the question hour
and lasts until the agenda for the day (i.e.
regular business of the House) is taken up.
 Half-an-hour discussion: Half-an-hour
discussion may take place with the consent
of the Speaker in relation to a matter of
sufficient public importance which has
been subjected of a recent question oral or
written i.e. Starred or Unstarred, and the
answer to which needs further elucidation
on a matter of fact.
PTS2023/ITS-07/052022/02
39. Correct Option: (a)
Explanation:
 Statement 1 is incorrect: The feature
of parliamentary privileges in the Indian
Constitution is borrowed from the British
Constitution.
Supplementary notes:
Collective Privileges of the House
 Feature of parliamentary privileges in
the Indian Constitution is borrowed
from the British Constitution. The origin
of Parliamentary privileges in India can be
traced as far back as 1833.
 Today, some of the privileges of Parliament,
and its members and committees, are
specified in the Constitution, and there are
certain statutes and the rules of procedure
of the House; others continue to be based on
the precedents of the House of Commons.
 The Constitution also extends the
parliamentary privileges to those persons
who are entitled to speak and take part in
the proceedings of a House of Parliament
or any of its committees. These include the
Attorney General of India.
 The parliamentary privileges do not
extend to the President who is also an
integral part of the Parliament. Article
361 of the Constitution provides for
privileges for the President.
40. Correct Option: (d)
Explanation:
 Statement 1 is incorrect:
parliamentary premises.
 Statement 2 is incorrect:
arrested 40 days before and after the session
of House.
Supplementary notes:
Article 105
 Both the Articles, Article 19(1) (a) and
Article 105 of the Constitution talks about
freedom of speech. Article 105 applies to
the members of parliament not subjected
to any reasonable restriction. Article 19(1)
(a) applies to citizens but are subject to
reasonable restrictions. Article 105 is an
absolute privilege given to the members of
the parliament but this privilege can be used
in the premises of the parliament and not
outside the parliament. If any statement or
anything is published outside the parliament
by any member and if that is reasonably
restricted under freedom of speech then
PTS2023/ITS-07/052022/02
that published article or statement will be
considered as defamatory.
 The Member of Parliament cannot be
arrested 40 days before and 40 days after
the session of the house. If in any case a
Member of Parliament is arrested within
this period, the concerned person should
be released in order to attend the session
freely.
41. Correct Option: (d)
Explanation:
 Option (d) is correct
Supplementary notes:
Union Budget
 Constitution of India does not specifically
use the word Budget and refers to the
budget as the ‘annual financial statement’
 The Annual Financial Statement
distinguishes the expenditure on revenue
account from the expenditure on other
accounts, as is mandated in the Constitution
of India.
 Department of Economic Affairs, Ministry
of Finance is the nodal body responsible for
preparing the Budget.
 Budget 2021-22 is the first budget of the
new decade 2021-30 and is also the first
ever digital union budget.
 Lok Sabha has the control over the voting
and passage of the budget.
42. Correct Option: (b)
Explanation:
 Statement 1 is incorrect: The Deputy
Chairman of the Rajya Sabha is elected by
the members of the House.
Supplementary notes:
Presiding Officers of Rajya Sabha
 Articles 64 and 89 (1) provide that the
Vice-President of India shall be ex-officio
Chairman of the Council of States i.e., Rajya
Sabha and shall not hold any other office of
profit.
 The salaries and allowances of the Chairman
are also fixed by the Parliament and are
18
 charged on the Consolidated Fund of India
and thus are not subject to the annual vote
of Parliament.
 The Deputy Chairman is elected by the Rajya
Sabha itself from amongst its members.
 It is a constitutional position created under
Article 89 of the Constitution
 The Deputy Chairman is entitled to a regular
salary and allowance, fixed by Parliament
and is charged on the Consolidated Fund of
India.
43. Correct Option: (d)
Explanation:
 Statement 1 is incorrect: The Speaker
does not vacate his office when the Lok
Sabha is dissolved and continues till the
newly elected Lok Sabha meets.
Supplementary notes:
Speaker
 Article 93 of the Constitution provides for
O committees in many places but provides no
the election of both the Speaker and the
Deputy Speaker.
 The Speaker is the constitutional and
ceremonial head of the House.
SC
 Term of Office of the Speaker: The
Speaker holds Office from the date of his/
her election till immediately before the
first meeting of the next Lok Sabha (for 5
years).

re-election.
GS
Sabha meets.
 Removal of Speaker:
 Exceptions: Usually, the Speaker
remains in office during the life of the
Lok Sabha. However, under following
conditions, the speaker, may have to
vacate the office earlier:
 If he ceases to be a member of the Lok
Sabha.
 If he resigns by writing to the Deputy
Speaker
 If he is removed by a resolution passed
by a majority of all the members of
the Lok Sabha.
 Notification: Such a resolution can be
moved only after giving 14 days’ advance
notice.
19
 When a resolution for the removal of
the Speaker is under consideration of
the House, he/she may be present at
the sitting but not preside.
 Salary and Allowances: The salaries
and allowances of the Speaker are
fixed by Parliament and are considered
an expenditure charged upon the
Consolidated Fund of India.
44. Correct Option: (b)
Explanation:
 Statement 2 is incorrect: In general,
ministers are not allowed to be members of
Parliamentary Committees, For example, in
all Financial Committees and Departmental
RE
Standing Committees ministers are not
allowed to be a member.
Supplementary notes:
Parliamentary committees
 The Indian constitution mentions the
specific provisions about their composition,
tenure, or functions.
 The specific Provisions for Parliamentary
Committees like position, tenure, functions
etc are dealt by Rules of the two houses.
 Parliamentary committees are broadly two
types -
 Standing committees: The Standing
 A Parliamentary Committee haas following
characteristics:
 Is appointed or elected by the House or
nominated by the Speaker or Chairman
 Works under direction of Speaker/
Chairman
 Presents report to House or Speaker/
Chairman
 Has a secretariat provided by Lok Sabha/
Rajya Sabha.
 In general, ministers are not allowed to be
members of Parliamentary Committees,
For example, in all Financial Committees
and Departmental Standing Committees
ministers are not allowed to be a member
PTS2023/ITS-07/052022/02
45. Correct Option: (c)
Explanation:
 Statement 2 is incorrect: The council
cannot remove the council of ministers
by passing a no-confidence motion.
This is because; the council of ministers
is collectively responsible only to the
assembly.
Supplementary notes:
Powers and status of a Legislative
Council
 The council can only discuss the budget
but cannot vote on the demands for
grants (which is the exclusive privilege of
the assembly).
 The council cannot remove the council
of ministers by passing a no-confidence
motion. This is because, the council of
ministers is collectively responsible only to
the assembly. But, the council can discus
and criticize the policies and activities of
the Government.
 When an ordinary bill, which has originated
in the council and was sent to the assembly,
is rejected by the assembly, the bill ends
and becomes dead.
 The council does not participate in
the election of the president of India
and representatives of the state in the
Rajya Sabha.
 The council has no effective say in the
or without recommendations.
 The assembly can either accept or reject all
or any of the recommendation of the council.
In both the cases, the money bill is deemed
to have been passed by the two Houses.
 The final power to decide whether a
particular bill is a money bill or not is vested
in the Speaker of the assembly.
46. Correct Option: (a)
Explanation:
 Statement 2 is incorrect: A bill originated
and passed by the Assembly but pending in
the Council, lapses.
Supplementary notes:
Lapsing of bill
PTS2023/ITS-07/052022/02
 Cases, when a bill lapse:
 A bill originated in the Assembly
and pending in the Assembly, lapses.
 A bill originated and passed by the
Council but pending in Assembly,
lapses.
 A bill originated and passed by
the Assembly but pending in the
Council, lapses.
 Cases, when a bill does not lapse:
 A bill pending in the Council but
not passed by the Assembly does not
lapse.
 A bill passed by one or both Houses but
pending assent of the Governor does not
lapse.
 A bill passed by one or both Houses
but returned by the president for
reconsideration of the Council does not
lapse.
47. Correct Option: (b)
Explanation:
 Statement 2 is incorrect: Financial bills
(II) does not require prior recommendation
of President for its introduction.
 Statement 3 is incorrect: The legislative
procedure of financial bills (I) is similar
to a money bill as well as any an ordinary
bill. Financial bills (II) are treated as an
ordinary bill in all respects.
bills are simply a species of financial bills.
Hence, all money bills are financial bills but
all financial bills are not money bills.
 A financial bill (I) is a bill that contains
not only any or all the matters mentioned
in Article 110, but also other matters of
general legislation.
 A financial bill (I) is similar to a money bill
as (a) both of them can be introduced only in
the Lok Sabha and not in the Rajya Sabha
and (b) both of them can be introduced only
on the recommendation of the president.
 In all other respects, a financial bill (I) is
governed by the same legislative procedure
applicable to an ordinary bill. Hence, it
can be either rejected or amended by the
Rajya Sabha (except that an amendment
other than for reduction or abolition of a tax
20
 cannot be moved in either House without
the recommendation of the president). In
case of a disagreement between the two
Houses over such a bill, the president can
summon a joint sitting of the two Houses to
resolve the deadlock.
 A financial bill (II) contains provisions
involving expenditure from the Consolidated
Fund of India, but does not include any of
the matters mentioned in Article 110.
 It is treated as an ordinary bill and in
all respects; it is governed by the same
legislative procedure which is applicable to
an ordinary bill. Hence, financial bill (II) can
be introduced in either House of Parliament
and recommendation of the President is not
necessary for its introduction.
 The only special feature of this bill is
that it cannot be passed by either House
of Parliament unless the President
has recommended to that House the
consideration of the bill.
48. Correct Option: (d)
Explanation:
 All pairs are correctly matched
Supplementary notes:
Categories of questions in the
Legislature
 Starred Question: The member desires
an oral answer from the minister. Such a
question is distinguished by the MP with an

minister.
 Short Notice Question: These are on an
urgent matter of public importance, and
an oral answer is sought. A notice of less
than 10 days is prescribed as the minimum
period for asking such a question.
 Question to Private Member: A question
can be addressed to a private member under
Rule 40 of Lok Sabha’s Rules of Procedure,
or under Rule 48 of Rajya Sabha’s Rules,
provided that the question deals with a
subject relating to some Bill, resolution
or other matter for which that member is
responsible.
49. Correct Option: (d)
Explanation:
 Both statements are correct
21
Supplementary notes:
Speaker Pro Tem
 As provided by the Constitution, the
Speaker of the last Lok Sabha vacates his
office immediately before the first meeting
of the newly-elected Lok Sabha. Therefore,
the President appoints a member of the
Lok Sabha as the Speaker Pro Tem.
 Usually, the senior most member is
selected for this. The President himself
administers oath to the Speaker Pro Tem
 When the new Speaker is elected by the
House, the office of the Speaker Pro Tem
ceases to exist. Hence, this office is a
temporary office, existing for a few days.
 He presides over the first sitting of the
newly-elected Lok Sabha.
 He also enables the House to elect the
new Speaker.
 The Bombay High Court in Surendra
Vassant Sirsat case 1994, held that a pro-
tem is Speaker of the House “for all purposes
with all powers, privileges and immunities”
until the Speaker is elected. The Odisha
High Court agreed in the Godavaris Misra
versus Nandakisore Das case when it said
the powers of the Speaker pro-tem are
co-extensive with the powers of elected
Speaker”. Thus, Pro-tem Speaker has same
powers, privileges as that of the Speaker.
50. Correct Option: (c)
: It should be
 The Deputy Chairman is elected by the Rajya
Sabha itself from amongst its members.
 Whenever the office of the Deputy Chairman
falls vacant, the Rajya Sabha elects another
member to fill the vacancy.
 He is directly responsible to the Rajya
Sabha.
 It should be emphasized here that the
Deputy Chairman is not subordinate
to the Chairman.
 The Deputy Chairman vacates his office in
any of the following three cases:
 If he ceases to be a member of the Rajya
Sabha;
 If he resigns by writing to the Chairman;
and
PTS2023/ITS-07/052022/02
  If he is removed by a resolution passed
by a majority of all the then members of
the Rajya Sabha. Such a resolution can be
moved only after giving 14 days’ advance
notice.
™™™™™
PTS2023/ITS-07/052022/02
 When a resolution for the removal of the
Deputy Chairman is under consideration
of the House, he cannot preside over a
sitting of the House, though he may be
present.
22