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Difficulty: HardUnion Legislature: Parliament Structure, Lawmaking, and Committees

Consider the following statements regarding the powers, removal procedures, and functions of the Presiding Officers of the Indian Parliament:

1. The decision of the Speaker of the Lok Sabha as to whether a Bill is a Money Bill is final, and the Chairman of the Rajya Sabha possesses no power or authority to certify any Bill as a Money Bill.
2. In the absence of the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha presides over a joint sitting of both Houses of Parliament summoned under Article 108.
3. While the Speaker of the Lok Sabha can be removed from office by a resolution passed by an effective majority of the Lok Sabha alone, the Chairman of the Rajya Sabha can be removed only if a resolution for their removal as Vice-President is passed by an effective majority of the Rajya Sabha and agreed to by a simple majority of the Lok Sabha.
4. The decision of the Speaker regarding the disqualification of a member of the Lok Sabha under the Tenth Schedule (Anti-Defection Law) is final and completely immune from judicial review.

Which of the statements given above are correct?

  1. 1 and 3 onlyAnswer
  2. B
    1, 2 and 3 only
  3. C
    2 and 4 only
  4. D
    1, 3 and 4 only

Answer

Statements 1 and 3 are correct. The Chairman of the Rajya Sabha does not preside over joint sittings, and the Speaker's disqualification decisions under the Tenth Schedule are subject to judicial review.
Statements 1 and 3 accurately describe constitutional provisions. Statement 1 correctly identifies the exclusive prerogative of the Lok Sabha Speaker under Article 110(3) to certify a Money Bill. Statement 3 accurately details the removal procedure under Article 94(c) for the Speaker (effective majority of Lok Sabha) and under Article 67(b) for the Vice-President/Chairman (effective majority in Rajya Sabha accepted by simple majority in Lok Sabha). Statements 2 and 4 are false.

Step-by-Step Solution

1
Evaluate Statement 1 regarding Money Bill certification
Under Article 110(3) of the Constitution, if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People is final. The Chairman of the Rajya Sabha has no such jurisdiction.
Verify constitutional powers of the Lok Sabha Speaker versus the Rajya Sabha Chairman under financial procedures.
2
Evaluate Statement 2 regarding Joint Sitting presidency
According to the rules of procedure and Article 118(4), a joint sitting is presided over by the Speaker of the Lok Sabha, or in their absence by the Deputy Speaker of the Lok Sabha, or in their absence by the Deputy Chairman of the Rajya Sabha. The Chairman of the Rajya Sabha (Vice-President) NEVER presides over a joint sitting because they are not a Member of Parliament.
Check procedural order of precedence for Joint Sittings under Article 108 and Article 118.
3
Evaluate Statement 3 regarding removal procedures
Under Article 94(c), the Speaker can be removed by a resolution of the Lok Sabha passed by a majority of all the then members of the House (effective majority). Under Article 67(b), the Vice-President (ex-officio Chairman of Rajya Sabha) is removed by a resolution of the Council of States passed by a majority of all the then members of the Council (effective majority) and agreed to by the House of the People (simple majority).
Examine constitutional provisions governing the removal of Lok Sabha Speaker vs Vice-President of India.
4
Evaluate Statement 4 regarding Anti-Defection Law and judicial review
In the landmark judgment Kihoto Hollohan vs Zachillhu (1992), the Constitution Bench of the Supreme Court declared Paragraph 7 of the Tenth Schedule unconstitutional and held that the Speaker while deciding defection questions acts as a tribunal, making their orders subject to judicial review under Articles 136, 226, and 227.
Assess legal precedents regarding immunity under the Tenth Schedule.

Key Concept

Constitutional powers, removal mechanics, and judicial boundaries of Parliamentary Presiding Officers in India.
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Topics

Union Legislature: Parliament Structure, Lawmaking, and Committees

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