Q1. Which of the following statement is not correct about the qualification for the member of Rajya sabha?
- A person must be a citizen of India
- A person must not be less than 25 years of age
- A person must be registered as an elector for a Parliamentary constituency
- A member of schedule caste or schedule tribe can contest a seat not reserved for them
Correct Option: 2. A person must not be less than 25 years of age
Explanation :To be a member of the Rajya Sabha (Upper House of Parliament) in India, a person must:
1. Be a citizen of India.
2. Be at least 30 years old.
3. Be elected by the elected members of the Legislative Assemblies of the States through a single transferable vote.
4. Not be a member of the House of the People (Lok Sabha) or any State Legislature.
5. Not hold any office of profit under the Government of India or any State Government.
6. Not be disqualified under any law made by Parliament.
Additionally the Representation of people Act (1951) laid down the additional qualifications
1. A person must be registered as an elector for a Parliamentary constituency.
2. A member of schedule caste or schedule tribe can contest a seat not reserved for them.
Q2. Which Schedule of the Constitution explains the disqualification on ground of defection?
- The 7th schedule
- The 8th schedule
- The 9th schedule
- The 10th schedule
Correct Option: 4. The 10th schedule
Explanation :The Constitution of India has 12 Schedules, which are as follows:-
1. First Schedule: Lists the States and Union Territories of India
2. Second Schedule: Deals with the emoluments, allowances, and privileges of the President, Vice-President, Governors, and other officials
3. Third Schedule: Specifies the forms of oaths and affirmations for various officials
4. Fourth Schedule: Allocates seats in the Rajya Sabha (Upper House of Parliament) to the States and Union Territories
5. Fifth Schedule: Provides for the administration and control of Scheduled Areas and Scheduled Tribes
6. Sixth Schedule: Deals with the administration of Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram
7. Seventh Schedule: Divides powers between the Union and State governments, listing Union, State, and Concurrent subjects
8. Eighth Schedule: Lists the recognized languages of India
9. Ninth Schedule: Contains laws related to land reform and other matters, which are exempt from judicial review
10. Tenth Schedule: Deals with the disqualification of members of Parliament and State Legislatures on grounds of defection
11. Eleventh Schedule: Lists the powers, authority, and responsibilities of Panchayats (local self-government institutions)
12. Twelfth Schedule: Lists the powers, authority, and responsibilities of Municipalities (urban local self-government institutions)
These Schedules were added to the Constitution to provide detailed information and specifications on various aspects of governance, administration, and the functioning of the Union and State governments.
Q3. Which of the following statement is not correct?
- A person can be a member of both the Houses of the Parliament at the same time
- A Lok Sabha member may resign his seat by writing to the Speaker
- A member has to vacate his seat if his election is declared void by the High court
- A member has to vacate his seat if he is expelled by the House
Correct Option: 1. A person can be a member of both the Houses of the Parliament at the same time
Explanation : A person cannot be a member of both the Houses of the Parliament at the same time. As per the Representation of the People Act (1951): –
(i) If a person is elected to both the houses, he must intimate in which house he wants to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant.
(ii) If as sitting member of a house is also elected to other house, his seat in first house becomes vacant.
(iii) If a person is elected to two seats in a House, he should exercise his option for one. Otherwise both the seats become vacant.
– A Lok Sabha member may resign his seat by writing to the Speaker.
– A member has to vacate his seat if his election is declared void by the High court.
– A member has to vacate his seat if he is expelled by the House.
– A member has to vacate his seat if he is elected for the office of President or Vice President.
– A member has to vacate his seat if he is appointed to the office of Governor of a state.
Q4. Which of the following statement is not correct?
- A member of Parliament has to vacate his seat if he is appointed to the office of Governor of a state
- A person can be a member of both the Parliament and the state legislature at the same time
- A member of Parliament has to vacate his seat if he is elected to the office of President
- A member of Parliament has to vacate his seat if he is elected to the office of Vice President
Correct Option: 2. A person can be a member of both the Parliament and the state legislature at the same time
Explanation : A person cannot be a member of both the Parliament and the state legislature at the same time. As per the Prohibition of Simultaneous Membership rules (1950), If a person is elected to both the Parliament and the state legislature, his seat in the Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days.
– A member of Parliament has to vacate his seat if he is appointed to the office of Governor of a state.
– A member of Parliament has to vacate his seat if he is elected to the office of President.
– A member of Parliament has to vacate his seat if he is elected to the office of Vice President.
Q5. Which of the following statement is not correct?
- Only President can administer the Oath to a member of Parliament.
- A Member of Parliament, in his Oath, swears to uphold the sovereignty and integrity of India.
- A member cannot participate in the Parliamentary proceedings unless he takes the Oath.
- A member is liable to penalty if he sits in the Parliament without taking the Oath.
Correct Option: 1. Only the President can administer the Oath to a member of Parliament.
Explanation : The President or a person appointed by the President can administer the Oath to a member of Parliament.
– A Member of Parliament, in his Oath, swears:-
(i) to bear true faith and allegiance to the Constitution of India,
(ii) to uphold the sovereignty and integrity of India,
(iii) to faithfully discharge the duty upon which he is about to enter.
– A member cannot participate in the Parliamentary proceedings unless he takes the Oath.
– A member is liable to penalty if he sits or vote in the Parliament without taking the Oath.
