{"id":2237,"date":"2024-04-26T03:47:12","date_gmt":"2024-04-25T22:17:12","guid":{"rendered":"https:\/\/lotusarise.com\/qna\/?p=2237"},"modified":"2024-04-26T03:47:12","modified_gmt":"2024-04-25T22:17:12","slug":"q-consider-the-following-statements-113","status":"publish","type":"post","link":"https:\/\/lotusarise.com\/qna\/upsc\/q-consider-the-following-statements-113","title":{"rendered":"Q.\u00a0Consider the following statements:"},"content":{"rendered":"\n
    \n
  1. In the election for Lok Sabha or State Assembly, the winning candidate must get\u00a0at least 50 percent of the votes<\/strong>\u00a0polled, to be declared elected.<\/li>\n\n\n\n
  2. According to the provisions\u00a0laid down in the Constitution of India<\/strong>, in Lok Sabha, the Speaker\u2019s post goes to the majority party and the Deputy Speaker\u2019s to the Opposition.<\/li>\n<\/ol>\n\n\n\n

    Which of the statements given above is\/are correct?<\/p>\n\n\n\n

      \n
    • 1 only<\/li>\n\n\n\n
    • 2 only<\/li>\n\n\n\n
    • Both 1 and 2<\/li>\n\n\n\n
    • Neither 1 nor 2<\/li>\n<\/ul>\n\n\n\n
      \n

      Answer:<\/strong> (d) Neither 1 nor 2<\/strong><\/p>\n<\/blockquote>\n\n\n\n

      Notes:<\/h5>\n\n\n\n
        \n
      • India\u00a0<\/strong>has\u00a0first past the post system<\/strong>\u00a0of election for Lok Sabha or State Assembly, wherein a candidate who wins the election may not (need to) get majority (50%+1) votes.\n
          \n
        • Also, the constitution of India has adopted the system of\u00a0territorial representation<\/strong>\u00a0for the\u00a0election\u00a0<\/strong>of members to the Lok Sabha or State Assembly.<\/li>\n\n\n\n
        • Under this system, MP or MLA\u00a0represents\u00a0<\/strong>a geographical area known as a\u00a0constituency<\/strong>.<\/li>\n\n\n\n
        • From each constituency, only\u00a0one representative<\/strong>\u00a0is\u00a0elected<\/strong>.<\/li>\n\n\n\n
        • Hence such a constituency is known as a\u00a0single-member constituency<\/strong>.<\/li>\n\n\n\n
        • In this system, a candidate who secures the\u00a0majority of votes\u00a0is declared\u00a0elected.<\/strong><\/li>\n<\/ul>\n<\/li>\n\n\n\n
        • Till\u00a010th Lok Sabha<\/strong>, both the\u00a0Deputy Speaker and\u00a0<\/strong>the\u00a0Speaker\u00a0<\/strong>were usually from the\u00a0ruling party<\/strong>.\n
            \n
          • From the\u00a011th Lok Sabha<\/strong>, there has been a\u00a0consensus\u00a0<\/strong>that the post of\u00a0Deputy Speaker<\/strong>\u00a0goes to the main\u00a0opposition party\u00a0<\/strong>and the\u00a0Speaker\u00a0<\/strong>comes from the\u00a0ruling party<\/strong>\u00a0(or ruling alliance).<\/li>\n\n\n\n
          • Meaning it\u2019s an \u2018informal consensus<\/strong>\u2018 among political parties and\u00a0not Constitutional provision<\/strong>.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n
            Deputy Speaker:<\/strong><\/h6>\n\n\n\n
              \n
            • History:<\/strong>\n
                \n
              • The institutions of Speaker and Deputy Speaker\u00a0originated in India in 1921<\/strong>\u00a0under<\/strong>\u00a0the provisions of the\u00a0Government of India Act of 1919<\/strong>\u00a0(Montague-Chelmsford Reforms).<\/li>\n\n\n\n
              • In\u00a01921<\/strong>,\u00a0Frederick Whyte<\/strong>\u00a0and\u00a0Sachidanand Sinha<\/strong>\u00a0were\u00a0appointed<\/strong>\u00a0by the Governor-General of India as the\u00a0first Speaker<\/strong>\u00a0and the\u00a0first Deputy Speaker<\/strong>\u00a0(respectively)\u00a0of the Central Legislative Assembly<\/strong>.<\/li>\n\n\n\n
              • At that time, the Speaker and the Deputy Speaker were\u00a0called<\/strong>\u00a0the President<\/strong>\u00a0and\u00a0Deputy President<\/strong>, respectively, and the same\u00a0nomenclature continued till 1947.<\/strong><\/li>\n\n\n\n
              • Mavalankar<\/strong>and\u00a0Ananthasayanam Ayyangar<\/strong>\u00a0had the distinction of being the\u00a0first Speaker and the first Deputy Speaker<\/strong>\u00a0(respectively)\u00a0of the Lok Sabha.<\/strong><\/li>\n<\/ul>\n<\/li>\n\n\n\n
              • Constitutional Provision w.r.t. Office of Deputy Speaker:<\/strong>\n
                  \n
                • Article 93<\/strong>\u00a0of the Constitution\u00a0says that the House<\/strong>\u00a0of the People (Lok Sabha)\u00a0shall choose two members<\/strong>\u00a0of the House\u00a0to be, respectively, Speaker<\/strong>\u00a0and\u00a0Deputy Speaker.<\/strong><\/li>\n\n\n\n
                • The article<\/strong>\u00a0also says that\u00a0when the office<\/strong>\u00a0of Speaker\/Deputy Speaker\u00a0becomes vacant<\/strong>, the\u00a0House shall choose another member<\/strong>\u00a0to be Speaker or Deputy Speaker.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                • Election of Deputy Speaker:<\/strong>\n
                    \n
                  • Like the Speaker, the\u00a0Deputy Speaker is also\u00a0elected by the Lok Sabha<\/strong>\u00a0itself\u00a0from amongst its members.<\/strong><\/li>\n\n\n\n
                  • He is elected\u00a0after the election of the Speaker<\/strong>\u00a0has taken place.<\/li>\n\n\n\n
                  • The date of election<\/strong>\u00a0of the Deputy Speaker is\u00a0fixed by the Speaker<\/strong>.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                  • Term of Office:<\/strong>\n
                      \n
                    • Like the Speaker, the\u00a0Deputy Speaker remains in the office\u00a0<\/strong>usually\u00a0during the life of the Lok Sabha<\/strong>. However,\u00a0he may vacate his office earlier<\/strong>\u00a0in any of the following\u00a0three cases<\/strong>\u00a0\u2013\n
                        \n
                      • if\u00a0he ceases to be a member<\/strong>\u00a0of the Lok Sabha;<\/li>\n\n\n\n
                      • if\u00a0he resigns<\/strong>\u00a0by writing to the Speaker<\/strong>; and<\/li>\n\n\n\n
                      • if\u00a0he is removed by a resolution<\/strong>\u00a0passed by a\u00a0majority of all the then members<\/strong>\u00a0of the Lok Sabha. Such a resolution can be moved only after giving\u00a014 days\u2019 advance notice<\/strong>.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                      • Role\/Power of Deputy Speaker:<\/strong>\n
                          \n
                        • The Deputy Speaker\u00a0performs the duties of the Speaker\u2019s office<\/strong>\u00a0when it is vacant.<\/strong><\/li>\n\n\n\n
                        • He also\u00a0acts as the Speaker<\/strong>\u00a0when the\u00a0latter is\u00a0<\/strong>absent from the sitting of the House. In both cases,\u00a0he assumes all the powers of the Speaker<\/strong>.<\/li>\n\n\n\n
                        • Deputy Speaker is not subordinate to the Speaker<\/strong>. He is directly\u00a0responsible to the House<\/strong>.<\/li>\n\n\n\n
                        • He also\u00a0presides over the joint sitting<\/strong>\u00a0of both Houses of Parliament\u00a0in case the Speaker is absent\u00a0<\/strong>from such a sitting.<\/li>\n\n\n\n
                        • The Deputy Speaker has one special privilege, that is,\u00a0whenever he is appointed as a member of a parliamentary committee<\/strong>,\u00a0he automatically becomes its chairman.<\/strong><\/li>\n\n\n\n
                        • When the Speaker presides<\/strong>\u00a0over the House,\u00a0the Deputy Speaker is like any other ordinary member<\/strong>\u00a0of the House.\u00a0He can speak<\/strong>\u00a0in the House,\u00a0participate<\/strong>\u00a0in its proceedings,\u00a0and vote on any question<\/strong>\u00a0before the House.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n\n\n\n
                          The Office of the Speaker: Lok Sabha<\/h6>\n\n\n\n
                            \n
                          • The Lok Sabha, which is the highest legislative body in the country, chooses its Speaker who presides over the day to day functioning of the House.<\/li>\n\n\n\n
                          • Electing the Speaker of the Lok Sabha is one of the first acts of every newly constituted House.<\/li>\n\n\n\n
                          • Election of Office of the Speaker:<\/strong>\n
                              \n
                            • Criteria:<\/strong>\u00a0The Constitution of India requires the\u00a0Speaker should be a member of the House.<\/strong>\n
                                \n
                              • Although there are\u00a0no specific qualifications prescribed<\/strong>\u00a0for being elected the Speaker, an\u00a0understanding of the Constitution and the laws of the country is considered a major asset<\/strong>\u00a0for the holder of the Office of the Speaker.<\/li>\n\n\n\n
                              • Usually, a member belonging to the ruling party is elected Speaker.<\/strong>\u00a0The process has evolved over the years where the ruling party nominates its candidate after informal consultations with leaders of other parties and groups in the House.<\/li>\n\n\n\n
                              • This convention<\/strong>\u00a0ensures that once elected, the\u00a0Speaker enjoys the respect of all sections of the House.<\/strong><\/li>\n<\/ul>\n<\/li>\n\n\n\n
                              • Voting:<\/strong>\u00a0The Speaker (along with the Deputy Speaker) is elected from among the Lok Sabha members\u00a0by a simple majority of members present and voting<\/strong>\u00a0in the House.\n
                                  \n
                                • Once a decision on the candidate is taken, his\/her name is normally proposed by the Prime Minister or the Minister of Parliamentary Affairs.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                • Term of Office of the Speaker:<\/strong>\u00a0The Speaker holds Office from the date of his\/her election till immediately\u00a0before the first meeting of the next Lok Sabha<\/strong>\u00a0(for\u00a05 years<\/strong>).\n
                                    \n
                                  • The\u00a0speaker once elected is eligible for re-election.<\/strong><\/li>\n\n\n\n
                                  • Whenever the Lok Sabha is dissolved, the\u00a0Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.<\/strong><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                  • Role and Powers of Speaker:<\/strong>\n
                                      \n
                                    • Interpretation:<\/strong>\u00a0He\/She is the\u00a0final interpreter<\/strong>\u00a0of the provisions of the\u00a0Constitution of India<\/strong>, the\u00a0Rules of Procedure and Conduct of Business of Lok Sabha<\/strong>\u00a0and the\u00a0parliamentary precedents<\/strong>, within the House.\n
                                        \n
                                      • In matters regarding interpretation of these provisions, he\/she often gives\u00a0rulings which are respected by members and are binding in nature.<\/strong><\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                      • Joint Sitting of Both Houses:<\/strong>\u00a0He\/She presides over a\u00a0joint sitting<\/strong>\u00a0of the two Houses of Parliament.\n
                                          \n
                                        • Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                        • Adjournment of Sitting:<\/strong>\u00a0He\/She\u00a0can adjourn the House or suspend the meeting<\/strong>\u00a0in absence one-tenth of the total strength of the House (called the\u00a0quorum<\/strong>).<\/li>\n\n\n\n
                                        • Casting Vote:<\/strong>\u00a0The speaker\u00a0does not vote in the first instance but in the case of a tie;<\/strong>\u00a0when the House is divided equally on any question, the Speaker is entitled to vote.\n
                                            \n
                                          • Such a vote is called a\u00a0Casting Vote<\/strong>, and its purpose is to resolve a deadlock.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                          • Money Bill:<\/strong>\u00a0He\/She\u00a0decides whether a bill is a\u00a0money bill\u00a0or not<\/strong>\u00a0and his\/her decision on this question is final.<\/li>\n\n\n\n
                                          • Disqualifying Members:<\/strong>\u00a0It is the speaker who\u00a0decides the questions of disqualification of a member<\/strong>\u00a0of the Lok Sabha, arising on the ground of defection under the provisions of the\u00a0Tenth Schedule.<\/strong>\n
                                              \n
                                            • The\u00a052nd<\/sup>\u00a0amendment<\/strong>\u00a0to the Indian Constitution vests this power in the Speaker.<\/li>\n\n\n\n
                                            • In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to\u00a0judicial review.<\/strong><\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                            • Chairing the IPG:<\/strong>\u00a0He\/She acts as the\u00a0ex-officio chairman of the Indian Parliamentary Group (IPG)<\/strong>\u00a0which is a link between the Parliament of India and the various parliaments of the world.\n
                                                \n
                                              • He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                              • Constitution of Committees:<\/strong>\u00a0The\u00a0Committees of the House are constituted by the speaker<\/strong>\u00a0and function under the speaker\u2019s overall direction.\n
                                                  \n
                                                • The Chairmen of all Parliamentary Committees are nominated by him\/her.<\/li>\n\n\n\n
                                                • Committees like the\u00a0Business Advisory Committee, the General Purposes Committee and the Rules Committee work directly under his Chairmanship.<\/strong><\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                                • Privileges of the House:<\/strong>\u00a0The Speaker is the\u00a0guardian of the rights and\u00a0privileges of the House<\/strong>, its Committees and members.\n
                                                    \n
                                                  • It depends solely on the Speaker to refer any question of privilege to the Committee of Privileges for examination, investigation and report.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                                  • Removal of Speaker:<\/strong>\n
                                                      \n
                                                    • Exceptions:<\/strong>\u00a0Usually, the\u00a0Speaker remains in office during the life of the Lok Sabha.<\/strong>\u00a0However, under following conditions, the speaker, may have to vacate the office earlier:\n
                                                        \n
                                                      • If he ceases to be a member of the Lok Sabha.<\/li>\n\n\n\n
                                                      • If he resigns by writing to the Deputy Speaker<\/li>\n\n\n\n
                                                      • If he is removed by a resolution passed by a majority of all the members of the Lok Sabha.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                                                      • Notification:<\/strong>\u00a0Such a resolution can be moved\u00a0only after giving 14 days\u2019 advance notice<\/strong>.\n
                                                          \n
                                                        • When a resolution for the removal of the Speaker is under consideration of the House,\u00a0he\/she may be present at the sitting but not preside.<\/strong><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"

                                                          Which of the statements given above is\/are correct? Answer: (d) Neither 1 nor 2 Notes: Deputy Speaker: The Office of the Speaker: Lok Sabha<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"categories":[1,3],"tags":[39],"years":[56],"class_list":["post-2237","post","type-post","status-publish","format-standard","hentry","category-upsc","category-prelims","tag-indian-polity","years-56"],"acf":[],"taxonomy_info":{"category":[{"value":1,"label":"UPSC"},{"value":3,"label":"Prelims"}],"post_tag":[{"value":39,"label":"Indian Polity"}],"years":[{"value":56,"label":"2017"}]},"featured_image_src_large":false,"author_info":{"display_name":"LotusArise","author_link":"https:\/\/lotusarise.com\/qna\/author\/team-lotusarise"},"comment_info":0,"category_info":[{"term_id":1,"name":"UPSC","slug":"upsc","term_group":0,"term_taxonomy_id":1,"taxonomy":"category","description":"","parent":0,"count":1269,"filter":"raw","cat_ID":1,"category_count":1269,"category_description":"","cat_name":"UPSC","category_nicename":"upsc","category_parent":0},{"term_id":3,"name":"Prelims","slug":"prelims","term_group":0,"term_taxonomy_id":3,"taxonomy":"category","description":"","parent":1,"count":1251,"filter":"raw","cat_ID":3,"category_count":1251,"category_description":"","cat_name":"Prelims","category_nicename":"prelims","category_parent":1}],"tag_info":[{"term_id":39,"name":"Indian Polity","slug":"indian-polity","term_group":0,"term_taxonomy_id":39,"taxonomy":"post_tag","description":"","parent":0,"count":188,"filter":"raw"}],"_links":{"self":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts\/2237","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/comments?post=2237"}],"version-history":[{"count":0,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts\/2237\/revisions"}],"wp:attachment":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/media?parent=2237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/categories?post=2237"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/tags?post=2237"},{"taxonomy":"years","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/years?post=2237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}