💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: Parliament & State Legislatures

  • What is Pre- Legislative Consultation Policy?

    The Union Government has listed 29 Bills (26 new and three pending) to be tabled in the winter session of Parliament.

    What is Pre-Legislative Consultation Policy?

    • In 2014, the Pre-Legislative Consultation Policy was adopted, mandating a host of rules, including that whenever the Government makes any law, it must place a draft version of it in the public domain for at least 30 days.
    • This policy provides a forum for citizens and relevant stakeholders to interact with policymakers.
    • The policy also says that along with the draft, a note explaining the law in simple language and justifying the proposal, its financial implication, impact on the environment and fundamental rights, a study on the social and financial costs of the bill, etc. should be uploaded.
    • The respective departments should also upload the summary of all the feedback that they receive on the circulated draft.

    Why in news?

    • Since the inception of the policy, 227 of the 301 bills introduced in Parliament have been presented without any prior consultation.
    • Of the 74 placed in the public domain for comment, at least 40 did not adhere to the 30-day deadline.

    The inception of the PLCP

    • The PLCP was formulated based on the broad recommendations of the National Advisory Council in 2013 and the National Commission to Review the Working of the Constitution (2002).
    • It aimed to create an institutionalized space for public participation in lawmaking processes.

    Empowerment through Pre legislative consultation policy

    • A Pre legislative consultation policy has numerous merits and can help nudge our country in the right direction.
    • Given how diverse this nation is, it is crucial that we have a means for citizens to get directly involved in the formulation of policy decisions, especially those that have a direct stake in the bill and its nature.
    • If we fail to do so we will risk falling behind the times. Countries like Britain and South Africa and even the state of Kerala already have already set up effective PLP processes.
    • If anything, Kerala’s effective model is proof of how effective this process can be at home.
    • Furthermore, this policy has the capacity to make historically marginalized groups feel more included and cared for.

    Significance of the policy

    • This policy provides a forum for citizens and relevant stakeholders to interact with the policymakers in the executive during the initial stages of lawmaking.
    • Protests in the recent past over laws such as the farm laws, the RTI Amendment Act, the Transgender Persons (Protection of Rights) Act, etc. have all highlighted that there is discontent among relevant stakeholders and the public at large since they were not looped in while framing such laws.
    • Public consultations enhance transparency, increase accountability, and could result in the building of an informed Government where citizens are treated as partners and not as subjects.

    Status of its implementation

    • During the 16th Lok Sabha (May 2014 to May 2019) 186 bills were introduced in Parliament, of which 142 saw no consultation prior to introduction.
    • From the 44 bills placed in the public domain for receipt of comments, 24 did not adhere to the 30-day deadline.
    • During the 17th Lok Sabha (June 2019 to present), 115 bills were introduced in Parliament, of which 85 saw no consultation prior to introduction.
    • From the 30 bills placed in the public domain for receipt of comment, 16 of them did not adhere to the 30-day deadline.
    • The tentative schedule for the winter session indicates that a total of 29 bills are listed for introduction and passing. Of these, 17 saw no prior consultation while from the 12 that were placed in the public domain, only six adhered to the 30-day deadline.

    Why is implementation difficult?

    • Though it is required that the mandates of an approved policy be heeded by all Government departments, the absence of a statutory or constitutional right has watered down its effect.
    • The effective implementation of the policy requires subsequent amendments in executive procedural guidelines like the Manual of Parliamentary Procedures and Handbook on Writing Cabinet Notes.
    • However, during a subsequent amendment to the Manual of Parliamentary Procedures, the Ministry of Parliamentary Affairs ignored the Ministry of Law and Justice when it requested them to incorporate PLCP provisions in the manual.

    Conclusion

    • Incorporation of pre-legislative consultation in the procedures of the Cabinet, Lok Sabha, Rajya Sabha etc. should be prioritized.
    • Similarly, it must be required of ministers while introducing the bill to place an addendum note on the details of the pre-legislative consultation.
    • Empowering citizens with a right to participate in pre-legislative consultations through a statutory and constitutional commitment could be a gamechanger.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Process for Repealing a Law

    PM after repealing the farm laws has said that the process of repealing the laws — which are currently stayed by the Supreme Court — will take place in the upcoming Winter Session of Parliament.

    Repealing a Law

    • Repealing a law is one of the ways to nullify a law.
    • A law is reversed when Parliament thinks there is no longer a need for the law to exist.
    • Legislation can also have a “sunset” clause, a particular date after which they cease to exist.
    • For example, the anti-terror legislation Terrorist and Disruptive Activities (Prevention) Act 1987, commonly known as TADA, had a sunset clause, and was allowed to lapse in 1995.
    • For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.

    (Sunset Clause: A law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law.)

    How can the government repeal a law?

    • Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state.
    • Parliament draws its power to repeal a law from the same provision.
    • A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.

    What is the process for repealing a law?

    • Laws can be repealed in two ways — either through an ordinance, or through legislation.
    • In case an ordinance is used, it would need to be replaced by a law passed by Parliament within six months.
    • If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.
    • The government can also bring legislation to repeal the farm laws.
    • It will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect.

    Legislations required

    • All three farm laws can be repealed through a single legislation.
    • Usually, Bills titled Repealing and Amendment are introduced for this purpose.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • UAPA enacts process as punishment

    Context

    Application of the UAPA in certain cases has caused concerns regarding its alleged “misuse”, and the rational answer would be to find ways to check “misuse”.

    Issues with UAPA

    • The police often use Section 13 in conjunction with other sections of the law.
    • Vague and undefined terms: Besides the usual inventory of well-defined verbs in S.13(1), such as “commits”, “advocates”, “abets”, “advises”, “incites” or “takes part”, there is S.13(2) which reads: “Whoever, in any way, assists any unlawful activity of any association declared unlawful… shall be punished.”
    • What does “in any way” mean? S.2(o), which defines “unlawful activity” does so in even more vague terms, as anything done by a person, whether as an act, or words, verbally, through signs or otherwise.
    • What does “otherwise” mean? Likewise, S.39 criminalises support to a terrorist organisation, where “support” is not even defined!
    • Wide and arbitrary powers: The semantic slippages are politically convenient as the UAPA vests extremely wide and arbitrary powers in the government to label something an “unlawful activity”.
    •  The political “use” of UAPA is scripted into the law itself, and the question of “misuse” does not arise.
    • Application of UAPA triggers a host of draconian procedures effectively barring bail, reversing burden of proof.

    Conclusion

    The conviction rate of 2.2 per cent testifies to how the UAPA enacts the process as punishment. It is time for political parties to eschew their blinkered approach and make an effort to repeal this unlawful law.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • What is Privilege Motion?

    A chief whip of the largest party in opposition in the Rajya Sabha has moved a privilege motion against Culture Minister over the appointment of the chairperson of the National Monuments Authority.

    What is Parliamentary Privilege?

    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures.
    • The legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
    • They are granted so that the MPs/MLAs can effectively discharge their functions.
    • The powers, privileges and immunities of either House of the Indian Parliament and of its members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their members and their committees.

    What is a privilege motion?

    • When any of the rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.
    • A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
    • Each House also claims the right to punish as contempt actions which, while not breach of any specific privilege, are offences against its authority and dignity.

    What are the rules governing privilege?

    • Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
    • It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.
    • The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.
    • Notices have to be given before 10 am to the Speaker or the Chairperson.

    What is the role of the Speaker/Rajya Sabha Chair?

    • The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
    • The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
    • If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.

    What is the privileges committee?

    • In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
    • A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report.
    • The Speaker may then pass final orders or direct that the report be tabled before the House.
    • A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
    • In the Rajya Sabha, the deputy chairperson heads the committee of privileges, which consists of 10 members.

    Answer this PYQ in the comment box:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

     

    [wpdiscuz-feedback id=”15m1lm0qbg” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Internal democracy in political parties

    Context

    It is obvious that institutional intermediaries in a representative democracy must themselves be democratic. However, beyond the rhetoric, internal democracy in a political party is less straightforward.

    How democratic accountability in a political party is different from that in a country

    • Democratic accountability in a political party is qualitatively different from that in a country.
    • A political party is a collaborative platform to capture state power to achieve a certain vision for society. 
    • In a country, there are sharp differences between citizens on the vision and values themselves and the role of democracy is not just to create a framework to negotiate conflict but to ensure that the state is representative of the largest section of the electorate through periodic elections.
    • Thus, while democracy at the level of the country is a bottom-up opportunity to change direction altogether, democratic accountability in a political party exists within an ideological framework.

    Is internal elections for party leadership a solution?

    • Subversion of internal institutional process: Proponents underestimate the ability of existing repositories of power to subvert internal institutional processes to consolidate power and maintain the status quo.
    • Independence of lower level: the assumption that the lower levels would be independent and hold the higher levels of leadership to account glosses over the many ways power asserts itself.
    • Independence and quality of electorate: The outcome of internal elections is contingent on the independence and quality of the electorate.
    • In indirect elections (through delegates), the electorate would likely mirror the existing balance of power.
    • In direct elections, there is a concern of ideological dilution and/or capture through opportunistic membership.
    • It is evident that internal elections may factionalise power but cannot establish normative accountability, which extends to all members of the party along three interconnected axes of ideology, organisation and competence.
    • Normative accountability is thus rooted in a dynamic context and is necessarily a deliberative process.

    Democratic functioning in political parties is not an end in itself

    • Unlike for the state, democracy is not an end in itself for a political party.
    • The highest possible attainment of individual well-being and individual self-will through a democratic state is an end in itself.
    • The purpose of a political party is the acquisition of state power.
    • Democratic functioning may be an ideological imperative, operational choice, or legitimising tactic but it is not an end in itself for a political party.

    Way forward

    • Instead of looking at internal party processes, one way to decentralise power is by getting rid of the anti-defection law.
    • The need to canvass votes in the legislature will create room for negotiation in the party organisation too.
    • Most importantly, this reform will impose a similar burden on all political parties and may create space to change the overall political culture.

    Consider the question “Lack of internal democratic functioning in the political parties has bearing on the overall political functioning of the country. Examine the factors responsible for its lack in India and suggest measures to encourage it.”

    Conclusion

    The role of democracy is not just to create a framework to negotiate conflict but to ensure that the state is representative of the largest section of the electorate through periodic elections.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Explained: Election of Deputy Speaker

    There is an ongoing row in Uttar Pradesh Assembly over the election of Dy Speaker, the post which was lying vacant for two years.

    Read each and every bit of this newscard. It can source you many MCQs.

    Constitutional mandate for Deputy Speaker

    • Article 93 talks about the election of Speaker and Deputy Speaker for Lok Sabha and the case for their vacancies.
    • Article 178 contains the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state.

    Is it mandatory under the Constitution to have a Deputy Speaker?

    • Constitutional experts point out that both Articles 93 and 178 use the words “shall” and “as soon as may be”.
    • This indicates that not only is the election of Speaker and Deputy Speaker mandatory, it must be held at the earliest.
    • All that the Constitution says is the election must be held as soon as possible.

    Time-frame and rules for their Election

    • Generally speaking, the practice in both Lok Sabha and the state Legislative Assemblies has been to elect the Speaker during the first session of the new House.
    • This usually falls on the third day after oath-taking and affirmations take place over the first two days.
    • The election of the Deputy Speaker usually takes place in the second session, even though there is no bar on having this election too in the first session.
    • However, the election of Deputy Speaker is generally not delayed beyond the second session without genuine and unavoidable constraints.

    Rules for the elections

    • In Lok Sabha, the election of Deputy Speaker is governed by the Rules of Procedure and Conduct of Business in Lok Sabha.
    • According to the Rule, the election “shall be held on such date as the Speaker may fix”, and the Deputy Speaker is elected once a motion proposing his name is carried.
    • There are similar provisions in the State Legislative Assembly Rules.

    Their tenure

    • Once elected, the Deputy Speaker usually continues in office until the dissolution of the House.
    • Under Article 94 (Article 179 for state legislatures), the Speaker or Dy Speaker “shall vacate his office if (S)he ceases to be a member of the House”.
    • They may also resign (to each other), or “may be removed by a resolution of the House of the People passed by a majority of all the then members of the House”.

    Do the powers of the Speaker extend to the Deputy Speaker as well?

    • Article 95(1) says: While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker.
    • After the first Speaker, G V Mavalankar died, M Ananth Ayyangar officiated as Acting Speaker for the remaining tenure of the House and was then elected Speaker of the second Lok Sabha.
    • There is another such incident.
    • In general, the Deputy Speaker has the same powers as the Speaker when presiding over a sitting of the House.
    • All references to the Speaker in the Rules are deemed to be references to the Deputy Speaker when he presides.
    • It has been repeatedly held that no appeal lies to the Speaker against a ruling given by the Deputy Speaker or any person presiding over a sitting of the House in the absence of the Speaker.

    Note: UPSC has now gone person-specific in these matters. Kindly refer this PYQ:

    Consider the following statements:

    1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
    2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
    3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.

    Which of the statements given above is/are correct? (CSP 2021)

    (a) 1 only

    (b) 2 only

    (c) 1 and 3

    (d) 2 and 3

     

    [wpdiscuz-feedback id=”9d1defsm9a” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    Does being Deputy Speaker protect an MP or MLA from the law of disqualification?

    Ans. No- with one specific exemption.

    • The Tenth Schedule says that a person who has been elected Speaker/ Deputy Speaker shall NOT be disqualified if he voluntarily gives up the membership of the political party to which he belonged.
    • This exemption applies to the Rajya Sabha Deputy Chairman, Chairman/ Deputy Chairman of a state Legislative Council, and Speaker/ Deputy Speaker of a state Legislative Assembly as well.

    Can courts intervene in cases of a delay in electing the Deputy Speaker?

    • In general, the courts do not intervene in the procedural conduct of Parliament.
    • Article 122(1) says: The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
    • A petition before the Delhi High Court has argued that the delay in the election of the Lok Sabha Deputy Speaker violates Article 93 of the Constitution.
    • There is no precedent of a court forcing the legislature to elect the Deputy Speaker.
    • However, the courts do have jurisdiction to at least enquire why there has been no election to the post of Deputy Speaker since the Constitution does envisage an election “as soon as maybe”.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Anti-defection Law

    An independent MLA from Gujarat is said to have has joined a national political party “in spirit” as he could not formally do so, having been elected as an independent.

    What is Anti-defection Law?

    • The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
    • The law applies to both Parliament and state assemblies.

    Why in news?

    • The anti-defection law specifies the circumstances under which changing of political parties by legislators invites action under the law.
    • It includes situations in which an independent MLA, too, joins a party after the election.

    Why are independents important?

    • Independents give voters better opportunities to express their preferences.
    • This can improve political representation, as independents are free from the dictates of a party line, and have the flexibility to represent local preferences in a way that party-affiliated candidates often do not.

    Cases consider under the anti-defection law

    The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.

    (1) Voluntary give-up

    • The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
    • Such persons lose his seat.

    (2) Independent members

    • When a legislator who has won his or her seat as an independent candidate joins a political party after the election.
    • In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.

    (3) Nominated MPs

    • In their case, the law gives them six months to join a political party, after being nominated.
    • If they join a party after such time, they stand to lose their seat in the House.

    Covering independent members

    • In 1969, a committee chaired by Home Minister Y B Chavan examined the issue of defection.
    • It observed that after the 1967 general elections, defections changed the political scene in India: 176 of 376 independent legislators later joined a political party.
    • However, the committee did not recommend any action against independent legislators.
    • A member disagreed with the committee on the issue of independents and wanted them disqualified if they joined a political party.
    • In the absence of a recommendation on this issue by the Chavan committee, the initial attempts at creating the anti-defection law (1969, 1973) did not cover independent legislators joining political parties.
    • The next legislative attempt, in 1978, allowed independent and nominated legislators to join a political party once.
    • But when the Constitution was amended in 1985, independent legislators were prevented from joining a political party and nominated legislators were given six months’ time.

    Powers to disqualification

    • Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature.
    • The law does not specify a time frame in which such a decision has to be made.
    • As a result, Speakers of legislatures have sometimes acted very quickly or have delayed the decision for years — and have been accused of political bias in both situations.

    Try this easy PYQ:

    Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

    (a) Second Schedule

    (b) Fifth Schedule

    (c) Eighth Schedule

    (d) Tenth Schedule

    [wpdiscuz-feedback id=”qkxs1bxbk2″ question=”Please leave a feedback on this” opened=”1″]Post your answers here[/wpdiscuz-feedback]

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Right to Sit to be mandated in Tamil Nadu

    The Tamil Nadu government has tabled a Bill in the Legislative Assembly making it mandatory for establishments to provide seating facilities for employees.

    Right to Sit

    • The Right to Sit is aimed to benefit thousands of employees of large and small establishments, particularly those working in textile and jewelry showrooms.
    • Persons employed in shops and establishments in the State are made to stand throughout their duty time resulting in varied health issues.
    • The bill mandates for every premises of establishments to have suitable seating arrangements for all employees so that they may take advantage of any opportunity to sit in the course of their work.
    • This would avoid the ‘on their toes’ situation throughout the working hours.

    Inspired from Kerala

    • A few years ago, workers of textile showrooms in Kerala had gone on a protest demanding the ‘Right to Sit’, prompting the government there to amend the Kerala Shops and Establishments Act in 2018.
    • This in turn provided seating arrangements for them.

    A move for women

    • Most owners of shops and other retail outlets forbid women, the bulk of the shop workforce, to sit.
    • Even leaning against a wall was punished. They have varicose veins and joint pain from standing.
    • Toilet breaks were strictly limited. This has led to urinary infections, kidney problems.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Deputy Speaker for Lok Sabha

    With the Delhi High Court asking the Central government to explain its stand on a petition that claimed to keep the post of Deputy Speaker of the Lok Sabha vacant is a violation of Article 93 of the Constitution, the issue is once again in the spotlight.

    Article 93: The Speaker and Deputy Speaker of the House of the People The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be …

    Speaker and Dy Speaker of the Lok Sabha

    [A] Speaker

    • The Speaker of the Lok Sabha is the presiding officer and the highest authority of the Lok Sabha (House of the People), the lower house of the Parliament.
    • Newly elected Members of Parliament from the Lok Sabha elect the Speaker among themselves.
    • The Speaker should be someone who understands Lok Sabha functions and it should be someone accepted among the ruling and opposition parties.
    • MPs propose a name to the Pro tem speaker. These names are notified to the President of India. The President through their aide Secretary-General notifies the election date.
    • If only one name is proposed, the Speaker is elected without any formal vote. However, if more than one nomination is received, a division (vote) is called.
    • MPs vote for their candidate on such date notified by President. The successful candidate is elected as Speaker of the Lok Sabha until the next general election

    Power and Functions

    On the order of precedence, the Speaker of Lok Sabha ranks sixth, along with the Chief Justice of India.

    • Conduct of Business: The Speaker of the Lok Sabha conducts the business in house. They maintain discipline and decorum in the house and can punish a member for unruly behavior by suspending them. Further, all comments and speeches made by members of the House are addressed to the Speaker.
    • Decisions on Money Bill: He/she decides whether a bill is a money bill or not.
    • Various motions: They also permit the moving of various kinds of motions and resolutions such as a motion of no confidence, the motion of adjournment, motion of censure and calling attention notice as per the rules.
    • Decision of agenda: The Speaker decides on the agenda to be taken up for discussion during the meeting. The date of election of the Speaker is fixed by the President.
    • Joint sitting: The Speaker also presides over the joint sitting of both houses of the Parliament of India. The Speaker also has a casting vote in the event of a tie.

    [B] Deputy Speaker

    • The Deputy Speaker of the Lok Sabha is not subordinate to the speaker of Lok Sabha; is responsible for the Lok Sabha and is the second-highest-ranking legislative officer of the Lok Sabha.
    • He/ She acts as the presiding officer in case of leave of absence caused by death or illness of the Speaker of the Lok Sabha.
    • It is by convention that the position of Deputy Speaker is offered to the opposition party in India.

    Try answering this PYQ:

    Regarding the office of the Lok Sabha Speaker, consider the following statements:

    1. He/she holds the office during the pleasure of the President.
    2. He/she need not be a member of the house at the time of his/her election but has to become a member of the house within six months from the date of his/her election.
    3. if he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy speaker.

    Which of the statement(s) given above is/are correct?

    (a) 1 and 2

    (b) Only 3

    (c) 1, 2 and 3

    (d) None of these

     

    [wpdiscuz-feedback id=”3byp5sem6d” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Arresting a Cabinet Minister

    The Maharashtra Police has arrested the Union Minister for MSMEs for allegedly making derogatory remarks against the CM.

    Procedure to arrest a Cabinet Minister

    • If Parliament is not in session, a cabinet minister can be arrested by a law enforcement agency in case of a criminal case registered against him.
    • As per Section 22 A of the Rules of Procedures and Conduct of Business of the Rajya Sabha, the Police, Judge, or Magistrate would, however, have to intimate the Chairman of the Rajya Sabha about the reason for the arrest, the place of detention or imprisonment in an appropriate form.

    What is the procedure to be followed by the Chairman of the Rajya Sabha in case of an arrest?

    • The Chairman is expected to inform the Council if it is sitting about the arrest.
    • If the council is not sitting, he/she is expected to publish it in the bulletin for the information of the members.

    What about the privileges of the Rajya Sabha members vis-a-vis arrests?

    • As per the main privileges of Parliament, in civil cases, they have freedom from arrest during the continuance of the House and 40 days before its commencement and 40 days after its conclusion, as per section 135 of the Code of Civil Procedure.
    • The privilege of freedom from arrest does not extend to criminal offences or cases of detention under preventive detention.

    Can a person be arrested from the precincts of the House?

    • No arrest, whether of a member or of a stranger, can be made within the precincts of the House without the prior permission of the Chairman/Speaker and that too in accordance with the procedure laid down by the Home Ministry in this regard.
    • Similarly, no legal process, civil or criminal, can be served within the precincts of the House without obtaining the prior permission of the Chairman/Speaker whether the House is in session or not.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

    Back2Basics: Parliamentary Privileges

    • Article 105 and Article 194 grant privileges or advantages to the members of the parliament so that they can perform their duties or can function properly without any hindrances.
    • Such privileges are granted as they are needed for democratic functioning.
    • These powers, privileges, and immunities should be defined by the law from time to time.
    • These privileges are considered special provisions and have an overriding effect in conflict.

    Freedom from being arrested

    • 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.

    Right to exclude strangers from its proceedings and hold secret sessions 

    • The object of including this right was to exclude any chances of daunting or threatening any of the members.
    • The strangers may attempt to interrupt the sessions.

    Right to prohibit the publication of its reporters and proceedings 

    • The right has been granted to remove or delete any part of the proceedings that took place in the house.

    Right to regulate internal proceedings

    • The House has the right to regulate its own internal proceedings and also has the right to call for the session of the Legislative assembly.
    • But it does not have any authority in interrupting the proceedings by directing the speaker of the assembly.

    Right to punish members or outsiders for contempt

    • This right has been given to every house of the Parliament.
    • If any of its members or maybe non-members commit contempt or breach any of the privileges given to him/her, the houses may punish the person.
    • The houses have the right to punish any person for any contempt made against the houses in the present or in the past. 

    Article 105(3) and Article 194(3) states that the parliament should from time to time define the laws or pass the laws on the powers, privileges and immunities of the members of the parliament and members of the legislative assembly.