1. To ratify the declaration of Emergency
2. To pass a motion of no-confidence against the Council of Ministers
3. To impeach the President of India
Select the correct answer using the code given below:
a. 1 and 2
b. 2 only
c. 1 and 3
d. 3 only
Answer: b
Explanation:
Article-352(4) Every Proclamation issued under this article (proclamation of emergency) shall be laid before each House of Parliament and shall (except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of one month unless, before the expiration of that period, it has been approved by resolutions of both Houses of Parliament.
Hence, statement 1 is incorrect.
The principle of collective responsibility is embodied in Article 75(3) of the Indian Constitution, which states that the Council of Ministers is jointly accountable to the Lok Sabha.
The No Confidence Motion is not directly addressed in any clause of the Indian Constitution. It was introduced in the rule book(Rules of Procedure and Conduct of Business of Lok Sabha) under the powers of making rules.
Hence, statement 2 is correct.
Article-61: Procedure for impeachment of the President—
(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless—
- (a) the proposal to prefer such a charge is contained in a resolution that has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House
- (b) such a resolution has been passed by a majority of not less than two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge, and the President shall have the right to appear and be represented in such an investigation.
(4) If, as a result of the investigation, a resolution is passed by a majority of not less than two-thirds of the total membership of the House declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed. Therefore, Lok Sabha and Rajya Sabha have equal powers in the impeachment of the President. Hence, Statement 3 is incorrect.
Hence, statement 3 is incorrect.
Read: Previous Year UPSC Polity Questions (PYQs) With Explanation 2022