Flash Card

LAKSHYA-75 [Day-30] Static Flash Cards for IAS Prelims 2020

Members are elected from Union territories in Rajya Sabha; Office of Profit; Article 77; Union Executive of Indian government; Power of Abolition or Creation of Legislative Councils in States; Appropriation Bill; Budget; A short notice question; Delimitation Commission of India; Vote on Account;
By IASToppers
April 07, 2020

In context Indian Parliament, Vote on Account allows government to withdraw money from the consolidated fund of India. Right OR Wrong?

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Answer:

Right.

Enrich your learning:

  • Vote on Account is the special provision given to the government to obtain the vote of Parliament to withdraw money when the budget for the new financial year is not released or the elections are underway.
  • It is usually valid for two months, until the new government presents a full Budget.
  • One of the essential features of a vote on account is that it cannot alter the Direct Taxes since these need to be passed by the Financial Bill. Therefore, any decrease/increase or exemption/inclusion related to income tax will be on hold if there’s a vote on account.

Need

  • As per the constitution, government cannot withdraw money from the consolidated fund of India except under appropriation made by law. This is a time-consuming process which almost takes a month or so. But after the end of the financial year, the government needs money to carry on its normal activities. To overcome this functional difficulty, the Constitution has authorised the Lok Sabha to make any grant in advance.
  • This grant is made in respect to the estimated expenditure for a part of the financial year, pending the completion of the voting of the demands for grants and the enactment of the appropriation bill.
  • This is known as the ‘vote on account’, which is passed after the general discussion on budget is over.

Currently how many members are elected from Union territories in Rajya Sabha?

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Answer:

  • In total eight members are elected from the Union territories (3 from Delhi, 1 from Puducherry and 4 from Jammu & Kashmir). Other Union territories are not represented in Rajya Sabha.

Enrich your learning:

  • The Constitution has empowered the Parliament to prescribe the manner of choosing the representatives of the union territories in the Lok Sabha.
  • Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the union territories are chosen by direct election.
  • The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.
  • This election is also held in accordance with the system of proportional representation by means of the single transferable vote.
  • Out of the 8 union territories, only three (Delhi, Puducherry and Jammu and Kashmir) have representation in Rajya Sabha. The populations of other five union territories are too small to have any representative in the Rajya Sabha.

Is Delimitation Commission of India a constitutional body?

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Answer:

  • It is statutory body. It was established under the provisions of the Delimitation Commission Act, set up by parliament.

Enrich your learning:

Delimitation Commission of India

  • The Delimitation commission or Boundary commission of India is a commission established under the provisions of the Delimitation Commission Act.
  • The main task of the commission is redrawing the boundaries of the various assembly and Lok Sabha constituencies based on a recent census.
  • In India, such Delimitation Commissions have been constituted 4 times – in 1952, in 1963, in 1973 and in 2002. The government had suspended delimitation in 1976 until 2001 census so that states’ family planning programs would not affect their political representation in the Lok Sabha.
  • The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.

A short notice question can be asked in Parliament by giving a notice of how many days?

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Answer:

  • A short notice question is asked by giving a notice of less than 10 days.

Enrich your learning:

Members of parliament have a right to ask questions to elicit information on matters of public importance within the special cognizance of the Ministers concerned. The questions are of four types: Starred Questions, Unstarred Question, Short Notice Questions and Questions to Private Members.

A short notice question is asked by giving a notice of less than 10 days. It is answered orally.

In India, the Budget is presented to Parliament on a date fixed by whom?

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Answer:

President

Enrich your learning:

  • Budget is presented in Parliament on a date fixed by the
  • The Budget speech of the finance minister is usually divided in two parts. Part A deals with general economic survey of the country while Part B relates to taxation proposals.
  • The General Budget is presented at 11 a.m.on the first working day of February. Till 2016, it was presented on the last working day of February.

Is the assent of Rajya Sabha necessary for making Appropriation Bill into Appropriation act?

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Answer:

  • The assent of Rajya Sabha is necessary for making Appropriation Bill into Appropriation act.

Enrich your learning:

What is Appropriation Bill?

  • Appropriation Bill gives power to the government to withdraw funds from the Consolidated Fund of India for meeting the expenditure during the financial year.
  • Post the discussions on Budget proposals and the Voting on Demand for Grants, the government introduces the Appropriation Bill in the Lok Sabha. It is intended to give authority to the government to withdraw from the Consolidated Fund, the amounts so voted for meeting the expenditure during the financial year.

Features of the Appropriation Bill

  • According to Article 114 of the Constitution of India, the government cannot withdraw any amount of money from the Consolidated Fund of India, prior to it being passed by the Parliament and the State Legislature, and also having received the President’s assent within a period of 75 days of its presentation. Thus, once the assent is received from the President, the Appropriation Bill becomes the Appropriation Act.
  • The Appropriation Act allows the government to withdraw funds during the fiscal year from the Consolidated Fund of India. It is necessary for the bill to be passed for both non-votable and votable expenditures. Once the Bill has been passed by the Parliament and the State Legislature, no amendments in the amounts mentioned can be made.
  • If any inconsistencies arise between the amounts that were proposed and sanctioned and what was eventually spent by the government during the fiscal year, the same will be reported by the Comptroller and Auditor General of India (CAG) to the State and Union Legislatures. This excess expenditure incurred by the government will then be scrutinised by the Parliament and the State Legislature.

The power of Abolition or Creation of Legislative Councils in States resides with whom?

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Answer:

Union Parliament

Enrich your learning:

  • Article 169 deals with the Abolition or creation of Legislative Councils in States.
  • As per Article 169, Union Parliament has the power’ to create or abolish the Legislative Council in various states on the basis of resolutions adopted by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.  

Which posts constitute the Union Executive of Indian government?

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Answer & Enrich your learning:

The Union Government has three organs – the Executive, the Legislature and the Judiciary. The President, the Prime Minister and his Council of Ministers collectively constitute the Union Executive.

All executive actions of the Government of India are formally taken in the name of the President. This provision is given in which article of Indian constitution?

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Answer:

Article 77

Enrich your learning:

As per Article 77 of Indian constitution, all executive actions of the Government of India and all contracts and assurances of the property are made by the Government of India are formally taken in the name in president.

There are no provisions related to the office of profit in the Constitution. Right OR Wrong?

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Answer:

Wrong.

  • Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government.

Enrich Your Learning:

What is the Office of Profit?

  • MPs and MLAs, as members of the legislature, hold the government accountable for its work. The essence of disqualification under the office of profit law is if legislators hold an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. The intent is that there should be no conflict between the duties and interests of an elected member
  • The definition has evolved over the years with interpretations made in various court judgments. An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit. The amount of such profit is immaterial.
  • Both the Parliament and State Legislatures can exempt certain offices from the purview of office of profit.
  • There is no bar on how many offices can be exempted from the purview of the office of profit law.
  • In 1964, the Supreme Court ruled that the test for determining whether a person holds an office of profit is the test of appointment.
  • Several factors are considered in this determination including factors such as:
    • whether the government is the appointing authority,
    • whether the government has the power to terminate the appointment,
    • whether the government determines the remuneration,
    • what is the source of remuneration.
    • the power that comes with the position.
  • Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government.
  • Several state legislatures have enacted laws exempting certain offices from the purview of office of profit.  Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times to expand the exempted list. There is no bar on how many offices can be exempted from the purview of the law.

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