UPSC CSE Prelims
Lok Sabha Previous Year Questions (PYQs)

Detailed Explanation:

The Speaker of the Lok Sabha continues in office even after the House is dissolved and remains in position until just before the first meeting of the newly elected Lok Sabha. Also, the Speaker can be removed by a resolution passed by a majority of the House after giving 14 days' notice.

However, the Constitution does not require a Speaker to resign from his/her political party upon election. Political neutrality is expected as a convention, not a constitutional requirement.

Why other statements are wrong:

📝 Short Notes: Speaker of Lok Sabha

Key Fact:
The Speaker is expected to act impartially, but unlike in some countries, the Indian Constitution does not require the Speaker to give up party membership.

Detailed Explanation:

Answer: Option 1 — 1 only

Article 96 of the Indian Constitution governs the conduct of the Speaker during the consideration of their removal resolution. The Speaker is barred from presiding over the House during such proceedings but retains all other rights as a member, including the right to speak and vote in the first instance.

✅ Statement 1 (Presiding Restriction) – Correct: Under Article 96(1), the Speaker shall not preside over the House while a resolution for their removal is under consideration, even if present.

❌ Statement 2 (Right to Speak) – Incorrect: Under Article 96(2), the Speaker retains the right to speak and participate in the proceedings of the House during the consideration of the removal resolution.

❌ Statement 3 (Voting Rights) – Incorrect: According to Article 96(2), the Speaker is entitled to vote in the first instance on the resolution; they only lose the casting vote (second vote to break a tie) in this scenario.

📝 Short Notes: Speaker of Lok Sabha and Removal Process

• Election: The Speaker is elected by the members of Lok Sabha from amongst themselves, usually from the majority party, immediately after the constitution of a new House.
• Constitutional Provisions: Articles 93-96 deal with the Speaker and Deputy Speaker of the Lok Sabha, including their election, removal, and powers.
• Removal Process: A resolution for removal requires 14 days' notice and must be passed by a majority of all the then members of the House (not just those present and voting).
• Presiding Restrictions (Article 96(1)): During the consideration of a removal resolution, the Speaker cannot preside but may remain present in the House.
• Member Rights (Article 96(2)): The Speaker retains the right to speak and participate in proceedings, and can vote in the first instance but not exercise a casting vote on their own removal resolution.
• Neutrality Expectation: After election, the Speaker is expected to sever ties with their political party and maintain impartiality in conducting House proceedings.
• Powers and Functions: The Speaker maintains order in the House, decides on questions of privilege, certifies Money Bills, and exercises various administrative and disciplinary powers.

Detailed Explanation:

Answer: Option 2 — 2 only

The question asks about the exclusive powers of the Lok Sabha. Among the three statements given, only the power to pass a motion of no-confidence against the Council of Ministers is exclusive to the Lok Sabha, as the Council of Ministers is collectively responsible only to the Lok Sabha under Article 75(3).

❌ Statement 1 – Incorrect: The power to ratify the declaration of Emergency is not exclusive to the Lok Sabha; both Houses of Parliament (Lok Sabha and Rajya Sabha) must approve any proclamation of Emergency within one month of its issue, as per Article 352.

✅ Statement 2 – Correct: Passing a motion of no-confidence against the Council of Ministers is an exclusive power of the Lok Sabha, since the Council of Ministers is collectively responsible only to the Lok Sabha (Article 75(3)), and the Rajya Sabha has no such power.

❌ Statement 3 – Incorrect: Impeachment of the President is not an exclusive power of the Lok Sabha; either House of Parliament can initiate the impeachment process under Article 61, and the charge must be sustained by both Houses with special majorities.

📝 Short Notes: Exclusive Powers of Lok Sabha

• Motion of No-Confidence: Only Lok Sabha can move a no-confidence motion against the Council of Ministers (Article 75(3)); Rajya Sabha cannot do so.
• Money Bills: Money Bills can be introduced only in Lok Sabha (Article 110); Rajya Sabha can only recommend amendments within 14 days.
• Demands for Grants: Only Lok Sabha has the power to vote on demands for grants and pass the annual budget.
• Confidence of the House: The Council of Ministers holds office only as long as it enjoys the confidence of the Lok Sabha.
• Control over Executive: Primary control over the executive rests with Lok Sabha through collective responsibility provisions.

Detailed Explanation:

Answer: Option 1 — 1 and 3 only

This question tests the constitutional and procedural aspects of the office of Deputy Speaker of Lok Sabha. Statements 1 and 3 are correct regarding the election process and powers of the Deputy Speaker, while statements 2 and 4 are incorrect as they refer to non-existent mandatory provisions and practices.

✅ Statement 1 – Correct: As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election date of Deputy Speaker is fixed by the Speaker, whereas the Speaker's election date is fixed by the President.

❌ Statement 2 – Incorrect: There is no mandatory constitutional or statutory provision that the Deputy Speaker must be from the opposition or ruling party; it is merely a convention (not always followed) that the position is offered to the opposition.

✅ Statement 3 – Correct: When presiding over the House, the Deputy Speaker enjoys the same powers and dignity as the Speaker, and no appeal lies against his rulings during that period.

❌ Statement 4 – Incorrect: There is no established parliamentary practice that the motion for Deputy Speaker is moved by the Speaker and seconded by the Prime Minister; the Deputy Speaker is elected by the House through a motion moved by members.

📝 Short Notes: Deputy Speaker of Lok Sabha

• Election: Elected by the Lok Sabha members after the Speaker's election; date fixed by the Speaker (not President).
• No Constitutional Provision: The Constitution does not specifically mention the office of Deputy Speaker; it is created under the Rules of Procedure.
• Convention (not mandatory): Usually offered to opposition party as a convention, but not legally binding.
• Powers: Enjoys same powers as Speaker when presiding; performs Speaker's duties in absence.
• Removal: Can be removed by a resolution passed by majority of all then members of Lok Sabha; 14 days' notice required.
• Vacation of Office: Vacates office if ceases to be a member, on resignation, or on removal.
• No Appeal: No appeal lies against rulings given by Deputy Speaker while presiding over the House.

Detailed Explanation:

Answer: Option 2 — 2 only

Only statement 2 is correct. The position of Leader of the Opposition in the Lok Sabha was formally recognized for the first time in 1969. The other two statements contain factual errors regarding the largest opposition party in the first Lok Sabha and the minimum strength required for recognition as Leader of the Opposition.

❌ Statement 1 – Incorrect: In the first Lok Sabha (1952), the single largest opposition party was the Communist Party of India (CPI) with 16 seats, not the Swatantra Party (which was formed only in 1959).

✅ Statement 2 – Correct: The Leader of the Opposition in the Lok Sabha was formally recognized for the first time in 1969 when the post was accorded statutory recognition under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (with retrospective effect from 1969).

❌ Statement 3 – Incorrect: The minimum requirement for recognition as Leader of the Opposition is not 75 members but 10% of the total strength of the House, which amounts to 55 members (10% of 545) in the current Lok Sabha.

📝 Short Notes: Leader of the Opposition

• Statutory Recognition: The post of Leader of the Opposition was given statutory recognition through the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.
• First Recognition (Lok Sabha): Ram Subhag Singh of Congress (O) was the first formally recognized Leader of the Opposition in 1969.
• Minimum Strength Requirement: A party must have at least 10% of the total membership of the House (currently 55 members in Lok Sabha) for its leader to be recognized as Leader of the Opposition.
• Constitutional Status: Though not mentioned in the Constitution, the Leader of the Opposition holds a crucial position and is consulted in appointments like CEC, CVC, Lokpal, etc.
• Salary and Allowances: The Leader of the Opposition receives a salary and allowances equivalent to that of a Cabinet Minister.