Jan 11th, 2022 - Daily Quiz

1. Which of the following statements is/are correct? 1. A Bill pending in the Lok Sabha lapses on its prorogation. 2. A Bill pending in the Rajya Sabha, which was not been passed by the Lok Sabha, shall not lapse on dissolution of the Lok Sabha. (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 2. With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct? 1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases. 2. The Act allows local social activists as mediators/reconciliators. (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 3. Consider the following statements: 1. In the election for Lok Sabha or State Assembly, the winning candidate must get at least 50 percent of the votes polled, to be declared elected. 2. According to the provisions laid down in the Constitution of India, in Lok Sabha, the Speaker’s post goes to the majority party and the Deputy Speaker’s to the Opposition. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 4. Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State? 1. Dissolution of the State Legislative Assembly 2. Removal of the Council of Ministers in the State 3. Dissolution of the local bodies (a) 1 and 2 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3 5. With reference to the Parliament of India, consider the following statements: 1. A private member’s bill is a bill presented by a Member of Parliament who is not elected but only nominated by the President of India. 2.  A private member’s bill can be introduced by opposition party MPs only.  Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answers 1. (b) When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse. The position with respect to lapsing of bills is as follows:
  • A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).
  • A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
  • A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
  • A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
  • A bill passed by both Houses but pending assent of the president does not lapse.
  • A bill passed by both Houses but returned by the president for reconsideration of Houses does not lapse.
2. (b) So far only 11 states have taken steps to notify Gram Nyayalayas. Several states have issued notifications for establishing ‘Gram Nyayalayas’ but all of them were not functioning except in Kerala, Maharashtra and Rajasthan. Only 208 ‘Gram Nyayalayas’ are functioning in the country as against 2,500 estimated to be required by the 12th five-year plan. Gram Nyayalayas Gram Nyayalayas or village courts are established under the Gram Nyayalayas Act, 2008 for speedy and easy access to justice system in the rural areas of India. The Act came into force from 2 October 2009. Composition The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, enjoy same salary and benefits of a Judicial Magistrate of First Class. Such Nyayadhikari are to be appointed by the State Government in consultation with the respective High Court. Jurisdiction:
  • A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
  • The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regards.
  • They have both civil and criminal jurisdiction over the offences.
  • The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts.
  • Gram Nyayalayas has been given power to accept certain evidences which would otherwise not be acceptable under Indian Evidence Act.
Procedure to be followed Gram Nyayalayas can follow special procedures in civil matters, in a manner it deem just and reasonable in the interest of justice. Gram Nyayalayas allow for conciliation of the dispute and settlement of the same in the first instance. Appeals Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal. Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal. Significance Access to justice for the poor and marginalized remains a perennial problem in India. Various measures such as simplifying procedural laws, establishing alternate dispute redressal mechanisms, setting up fast track courts and providing free legal aid to the poor are undertaken in this regard. Despite these measures, access to justice and faster, inexpensive settlement of disputes at the grass-roots level are yet to materialize. Gram Nyayalayas can greatly help in
  • devolving justice delivery to the fourth tier
  • ensuring equal access to justice
  • reducing the burden of district courts
  • delivering speedier justice
  • reducing the costs associated with litigation for the common man
  • reducing dependency on extra-constitutional forums of justice
The setting up of Gram Nyayalayas is considered as an important measure to reduce arrears and is a part of the judicial reforms. It is estimated that Gram Nyayalayas can reduce around 50% of the pendency of cases in subordinate courts and can take care of the new litigations which will be disposed within six months. 3. (d) For the election to the lok sabha and state assembly, the first past the post system is followed where a candidate who polls more votes than any other candidate is elected. Speaker and deputy speaker in lok sabha are elected among its members. 4. (b)
  • President’s Rule implies the suspension of a state government and the imposition of direct rule of the Centre. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
  • Use of Article 356
    • The Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power under Article 356 could be proper.
    • One such situation is that of ‘Hung Assembly’, i.e. where after general elections to the assembly, no party secures a majority.
  • Constitutional Provisions
    • The President’s Rule is imposed through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers.
    • Under Article 356, President’s Rule is imposed if the President, upon receipt of the report from the Governor of the State or otherwise, is satisfied 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 President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
    • The approval takes place through simple majority in either House, that is, a majority of the members of the House present and voting.
    • Initially valid for six months, the President’s Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.
  • Consequences of President’s Rule
    • The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.
    • The President can declare that the powers of the state legislature are to be exercised by the Parliament.
    • President either suspends or dissolves the state legislative assembly. The Parliament passes the state legislative bills and the state budget.
    • The President’s Rule does not lead to dissolution of local bodies.
  • Revocation
    • A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
    • This happens, in case, the leader of a party produces letters of support from a majority of members of the Assembly, and stakes his claim to form a government.
Punchii Commission’s Guidelines in case of a Hung Assembly
  • The party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the Government.
  • If there is a pre-poll alliance or coalition, it should be treated as one political party and if such coalition obtains a majority, the leader of such coalition shall be called by the Governor to form the Government.
  • In case no party or pre-poll coalition has a clear majority, the Governor should select the Chief Minister in the order of preference as indicated below:
    • The group of parties which had pre-poll alliance commanding the largest number.
    • The largest single party staking a claim to form the government with the support of others.
    • A post-electoral coalition with all partners joining the government.
    • A post-electoral alliance with some parties joining the government and the remaining including independents supporting the government from outside.
https://www.business-standard.com/about/what-is-president-s-rule 5. (d)

If any member other than a minister introduces a bill, it is called a private member bill. The bill can be introduced by both ruling and opposition party MPs. Private member bill is a bill proposed by a member who is not a member of the cabinet and executive. The session for private member bill is held at alternative Fridays from 2 pm to 6 pm.

This bill needs a month of notice; this has no impact on the health of the government when the private member bill gets rejected. Till date, the parliament has passed fourteen private member bills; the last one was passed on 1970. Most of the bill passed by the private member is not even read or discussed and dismissed. Private members bills are accepted even those are constitutional amendment bills but not that those are money bills.

The Rights of Transgender Persons Bill, 2014
  • In Lok Sabha, the last two and half hours of a sitting on every Friday, and in Rajya Sabha two and half hours, i.e., from 2.30 p.m. to 5.00 p.m. on every alternate Friday are allotted for transaction of “Private Members’ Business”, i.e., Private Members’ Bills and Private Members’ Resolutions.
  • The last time a private member’s Bill was passed by both Houses was in 1970.
  • Till Now, only Fourteen Private Member’s bill have been passed by the Parliament.
  • The Rights of Transgender Persons Bill, 2014: The Rights of Transgender Persons Bill, 2014 is a private member bill introduced by Trichy Shiva M.P. of Tamil Nadu, which seeks to end the discrimination faced by transgender people in India.The Bill was passed by the upper house Rajya Sabha on 24 April 2015. It was introduced in the lower house Lok Sabha on 26 February 2016. The Bill is considered historic as for being the first private member’s bill to be passed by any house in 36 years and by Rajya Sabha in 45 years.
https://www.thehindu.com/news/national/all-you-need-to-know-about-the-transgender-persons-bill-2016/article21226710.ece


POSTED ON 11-01-2022 BY ADMIN
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