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Sunday 7 June 2020

Short Q & A: COI - 4


Hello friends in this blog I am sharing short questions and answers on Constitutional  law. Please read this till the end and share it with all the law students.

Lok Sabha - Wikipedia
Image Credit: en.wikipedia.org

Q. 31 Who heads the Rajya Sabha?
Ans. The Chairman heads the Rajya Sabha.

Q. 32 Who heads the Lok Sabha?
Ans. The Speaker heads the Lok Sabha.

Q. 33 How an elected MP can resign from his position?
Ans. An elected member of respective house can resign by writing to the chairman of Rajya Sabha or speaker of Lok Sabha.

Q. 34 Is dual membership allowed in India?
Ans. No. Indian constitution prohibits dual membership.

Q. 35 What is dual membership of legislature?
Ans. A person becoming member of both Houses at the same time, or either House of parliament and a member of a House of a State legislature, then such person is said to have dual membership. In India if a citizen is elected to Lok Sabha, Rajya Sabha, or a house of the legislature of a state then he has to decide the seat which he wants to hold. He cannot be a member of all legislative bodies at the centre or in the states. He has to choose only one.

Q. 36 Which Article tells about Dual membership? and what?
Ans. Article 101. Art 101 states that no person can be a member of both houses of parliament or of a house of the legislature at the same time. If he did not make any choice before such the expiration period prescribed in the rules made by the president, his seat in a house of parliament shall become vacant if he has not previously resigned his seat in the legislature of the state and in one of the houses of parliament.

Q. 37 When a seat in Parliament becomes vacant?
Ans. 1) When an MP resigns in his presence of mind and his resignation is accepted by chairman or speaker of respective House in which is sitting.
2) When an MP remains absent for sixty working days of Parliament without prior permission form chairman or speaker then his seat is deemed vacant.

Q. 38 Which article deals with punishment given to a member and under which conditions such punishment is awarded?
Ans. As per Article 104, if a member of parliament sits and votes without taking oath in prescribed manner or is disqualified then such member is liable for punishment.

Q. 39 Who can disqualify a member of parliament?
Ans. As per Article 103, President can disqualify a member of Parliament and his decision shall be final.

Q. 40 Whose opinion is mandatory in disqualification of an MP?
Ans. President should consider the opinion of the election commission and shall act according to such opinion as per Article 103.
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