Polity And Governance One Year Current Affairs Set 2 (UPSC 2020) – Free PDF Download

Topics to discuss

• Parliament Privileges
• Anti defection law
• Legislative Council
• Leader of opposition
• Lapsing of Bill
• Ethics Committee
• 2 New Cabinet Committees

WHY IN NEWS

Privilege Motion

• Privilege Motion is moved by a member when (s)he feels that a  minister has committed a breach of privilege of the House or one or  more of its members by withholding facts of a case or by giving  wrong or distorted facts

Types of Privilege

• Collective Privilege
• Individual privilege

Collective privilege

• Exclude strangers from proceedings. Hold a secret sitting of the legislature
• Freedom of press to publish true reports of Parliamentary But, this does not apply in case of secret sittings
• Only Parliament can make rules to regulate its own proceedings
• There is a bar on court from making inquiry into proceedings of the house (speeches, votes etc.)

Individual Privilege

• No arrest during session and 40 days before and 40 days after the
• Protection available only in civil cases and not in criminal cases Not liable in court for any speech in parliament
• Exempted from jury service when the house is in session.

Sources of Parliament Privileges

• Currently, there is no law that codifies all the privileges of the  legislators in India.
• Privileges are based on five sources:

1. Constitutional provisions
2. Various laws of parliament
3. Rules of both the houses
4. Parliamentary conventions
5. Judicial interpretations

Article 105 and Article 194

• The articles confer certain privileges
• Protect freedom of speech and expression in the House and insulates them against litigation over matters that occur in these  houses
• Protect against any libel through speeches, printing or publishing
• Ensure their functioning without undue influence, pressure or coercion

WHY IN NEWS

Anti Defection

• The Tenth Schedule was inserted in the Constitution in 1985, by the 52Nd Amendment Act.
• It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature  based on a petition by any other member of the legislature.

Power of speaker

• The question of disqualification under the tenth schedule is decided by the chairman in case of Rajya Sabha and speaker in case of Lok  Sabha
• In 1992, SC ruled that the decision of the Chairman/ speaker in this regard is subject to Judicial review

Anti defection rules

• A legislator is deemed to have defected if
• He either voluntarily gives up the membership of his party or
• If he disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the  party whip on any issue can lose his membership of the House)

Exceptions of anti defection

• Legislators may change their party without the risk of disqualification in certain circumstances:
• The law allows a party to merge with or into another party provided that at least two-thirds of its
• legislators are in favour of the merger.
• If a person is elected as the speaker of Lok Sabha or the Chairman of Rajya Sabha then he could resign from his party, and rejoin the party  once he demits that post

Q) Which among the following states does not have legislative council?

• Uttar Pradesh
• Jammu and Kashmir
• Andhra Pradesh
• Maharashtra

WHY IN NEWS

Legislative Council

• Under Article 169 (1) of Constitution a State legislative assembly can pass a resolution requesting Parliament for creation or  abolition of legislative council in the state.
• Based on resolution, Parliament makes an act for amending Constitution to that effect.

Procedure for abolition

States with Legislative Council

• Andhra Pradesh
• Telangana
• Uttar Pradesh
• Bihar
• Maharashtra
• Karnataka

Q) Consider the following statements regarding leader of opposition:

• It is a non statutory post
• Speaker is the final authority in recognising leader of opposition.
• In present lok sabha, there is no leader of opposition.

Select the correct answer using the code given below
a) 1 only
b) 2 and 3
c) 1 and 3
d)1, 2, and 3

WHY IN NEWS

Leader of Opposition

• In recent Lok Sabha Election, none of the political parties were able to secure minimum 10% of strength required to be eligible  for Leader of Opposition post
• LoP is a statutory post, drawing its power from Salaries and Allowances of Leaders of Opposition in Parliament (SALOP) Act, 
• LoP is defined as the Leader in that House of the party in opposition to the Government having the greatest numerical strength and  recognised by the head of the house
• Speaker is not obliged to choose if the party does not have 10% seats LoP enjoys the rank of a Cabinet Minister and is a member of panels that select candidates for key Constitutional and statutory posts like CVC, CBI Director, Lok Pal etc.

Q) Which among the following bill lapse on the dissolution of lok sabha?

• A bill originated and passed by the Rajya Sabha but pending in Lok Sabha
• A bill pending in the Rajya Sabha but not passed by the Lok Sabha
• If the president has notified the holding of a joint sitting before the dissolution of Lok Sabha
• All the bill given above will lapse

WHY IN NEWS

Lapsing of bills

• Article 107 deals with introduction and passing of bills.
• On the dissolution of lok sabha, various bill lapse

On dissolution of Lok Sabha

Parliamentary committee

Government constituted 2 new cabinet committees

Appointments Committee of the Cabinet

• It decides all higher-level appointments in the Central Secretariat, Public Enterprises, Banks, the three service chiefs etc. It also decides on  the transfer of officers serving on Central deputation.

Cabinet Committee on Economic Affairs

• It reviews economic trends, problems and prospects for evolving a consistent and integrated economic policy.

Cabinet Committee on Parliamentary Affairs

• It draws the schedule for Parliament sessions and monitors the progress of government business in Parliament.

Cabinet Committee on Political Affairs

• deals with all policy matters pertaining to domestic and foreign affairs

Cabinet Committee on Security

• It deals with issues relating to law and order, internal security and  policy matters concerning foreign affairs with internal or external  security implications.

Cabinet Committee on Accommodation

• It determines the guidelines or rules with regard to the allotment of  government accommodation, including that to Members of  Parliament.

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