• Statements 1 and 3 are correct. Statement 2 is incorrect.
Adjournment:
1. It only terminates a sitting and not a session of the House.
2. It is done by presiding officer of the House.
3. It does not affect the bills or any other business pending before the House and the same can be resumed when the House meets again.
Prorogation:
1. It not only terminates a sitting but also a session of the House.
2. It is done by the President of India.
3. It also does not affect the bills or any other business pending before the House. However, all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session. In Britain, prorogation brings to an end all bills or any other business pending before the House. Hence, statements 1 and 3 are correct but statement 2 is incorrect.

• Option b is the correct answer.
• Statement 1 is incorrect. In USA the president’s pardoning power only applies to federal crimes and not state crimes. Those pardoned by the President can still be tried under the laws of individual states.
• Whereas in India, even if a state law calls for the death penalty, the President, not the governor, has the authority to grant a pardon.
• Statement 2 is correct. The President of India cannot exercise his power of pardon independent of the government. In several cases, the Supreme Court (SC) has ruled that the President has to act on the advice of the Council of Ministers while deciding mercy pleas. Whereas, the USA Supreme Court has held that this power is granted without limit and cannot be restricted by Congress (legislature).
• The President is not answerable for his pardons, and does not have to provide a reason for issuing one.
• Statement 3 is correct. Under Article 72 of the Indian Constitution, the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence where the sentence is a sentence of death. Whereas, Article II, Section 2 of the US Constitution says all Presidents “shall have Power to grant Reprieves and Pardons for Offenses against the United States.

• Option B is the correct answer.
• The Vice President is a part of the Central Executive and has provisions dealing with it in Part V of the Indian Constitution Statement a is incorrect. The VP, like the President is elected through indirect elections. However, there are some major differences in the composition of the electoral college electing them both. In the election of the President, only the elected members of both the Houses of the Parliament as well as the
• Legislative Assemblies take part. However, in the election of the VP, both the elected as well as nominated members of both the Houses of the Parliament (not the Legislative Assemblies) take part.
• Statement B is correct. Any disputes related to the election of the VP are heard and decided by the Supreme Court only. And its verdict in the matter is final as well.
• This is unlike the cases regarding elections of MPs and MLAs, which are decided by the President and the Governor respectively, on the advice of the Election Commission.
• Statement C is incorrect. Unlike the process in America, in India, when the office of the President falls vacant due to unforeseen circumstances like death, etc, The VP only “Acts” as the President for the intermittent period, until someone else is duly elected as the President. This person may be the VP, but there is no provision for automatic succession of the VP as the President in case of a vacancy.
• Statement D is incorrect. A VP doesn’t need to be impeached. He may simply be removed from his office by the passage of a resolution to that effect by the members of the Rajya Sabha by an Effective Majority (Majority of all the then members in the House) (not simple Majority). It must be agreed to by the Lok Sabha

• Statement 1 is incorrect. Statement 2 is incorrect.
• The President from time to time summons each House of Parliament to meet. The maximum gap between two sessions of Parliament cannot be more than six months.
• In other words, the Parliament should meet at least twice a year. The Constitution does not mention the three sessions of Parliament – budget session, monsoon winter and winter session. Hence, both the statements are incorrect.

1,2 and 4 are incorrect.
President approval is required for
1. Bill for formation of new state
2. Demand for Grants
3. Bills affecting taxation in which States are interested
President prior approval is not required for any bills affecting taxation in which States are interested.

• All the statements are incorrect.
• Statement 1 is incorrect. Cabinet is mentioned in Article 352 of the Constitution. The President can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.
• In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet.
• The cabinet was informed of the proclamation after it was made, as a fait accompli. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.
Statement 2 is incorrect. Article 75-Other Provisions as to Ministers:
(a) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
(b) The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.
(c) A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. This provision was also added by the 91st Amendment Act of 2003.
(d) The ministers shall hold office during the pleasure of the President.
(e) The council of ministers shall be collectively responsible to the Lok Sabha.
(f) The President shall administer the oaths of office and secrecy to a minister.
(g) A minister who is not a member of the Parliament (either house) for any period of six consecutive months shall cease to be a minister.
(h) The salaries and allowances of ministers shall be determined by the Parliament.
• Statement 3 is incorrect. Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President.
• In 1971, the Supreme Court held that ‘even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office. Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advise of the council of ministers. Any exercise of executive power without the aid and advice will be unconstitutional as being violative of Article 74.

• Option B is correct.
• Option A is incorrect. Censure Motion can be moved against an individual minister or a group of ministers or the entire council of ministers for censuring the council of ministers for specific policies and actions and it should state the reasons for its adoption in the Lok Sabha. If it is passed in the Lok Sabha, the council of ministers need not resign from the office.
• Option B is correct. Privilege Motion is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when 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. Its purpose is to censure the concerned minister.
• Option C is incorrect. Closure Motion is a motion moved by a member to cut short the debate on a matter before the House. If the motion is approved by the House, debate is stopped forthwith and the matter is put to vote
• Option D is incorrect. Calling Attention Motion is introduced in the Parliament by a member to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter. Like the zero hour, it is also an Indian innovation in the parliamentary procedure and has been in existence since 1954. However, unlike the zero hour, it is mentioned in the Rules of Procedure.

• Option B is correct.
• Passing of Appropriation Bill: The Constitution states that ‘no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law’. Accordingly, an appropriation bill is introduced to provide for the appropriation, out of the Consolidated Fund of India to meet:
a) The grants voted by the Lok Sabha.
b) The expenditure charged on the Consolidated Fund of India.
• The Appropriation Bill becomes the Appropriation Act after it is assented to by the President. This act authorises (or legalises) the payments from the Consolidated Fund of India. This means that the government cannot withdraw money from the Consolidated Fund of India till the enactment of the appropriation bill. This takes time and usually goes on till the end of April. But the government needs money to carry on its normal activities after 31 March (the end of the financial year).
• To overcome this functional difficulty, the Constitution has authorised the Lok Sabha to make any grant in advance in respect to the estimated expenditure for a part of the financial year, pending the completion of the voting of the demands for grants and the enactment of the appropriation bill.
• This provision is known as the ‘vote on account’. It is passed (or granted) after the general discussion on budget is over. It is generally granted for two months for an amount equivalent to one-sixth of the total estimation.
• Vote of Credit: It is granted for meeting an unexpected demand upon the resources of India, when on account of the magnitude or the indefinite character of the service, the demand cannot be stated with the details ordinarily given in a budget. Hence, it is like a blank cheque given to the Executive by the Lok Sabha.
• Exceptional Grant: It is granted for a special purpose and forms no part of the current service of any financial year.
• Advance Grant: There is no such provision as advance grant.

• Statement 1 is incorrect. Statement 2 is correct.
• The Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members. They are necessary in order to secure the independence and effectiveness of their actions. Without these privileges, the Houses can neither maintain their authority, dignity and honour nor can protect their members from any obstruction in the discharge of their parliamentary responsibilities.
• Statement 1 is incorrect. Originally, the Constitution (Article 105) expressly mentioned two privileges, that is, freedom of speech in Parliament and right of publication of its proceedings. With regard to other privileges, it provided that they were to be the same as those of the British House of Commons, its committees and its members on the date of its commencement (ie, 26 January, 1950), until defined by Parliament. The 44th Amendment Act of 1978 provided that the other privileges of each House of Parliament, its committees and its members are to be those which they had on the date of its commencement (ie, 20 June, 1979), until defined by Parliament.
• This means that the position with regard to other privileges remains the same. In other words, the amendment has made only verbal changes by dropping a direct reference to the British House of Commons, without making any change in the implication of the provision. It should be noted here that the Parliament, till now, has not made any special law to exhaustively codify all the privileges. There is no act of Parliament named as Privileges of Parliament Act 1951.
• Statement 2 is correct. The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the attorney general of India and Union ministers. It must be clarified here that the parliamentary privileges do not extend to the President who is also an integral part of the Parliament.

• Statement 1 is correct. Statement 2 is incorrect.
• Statement 1 is correct. The president nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service. (Article 80(3))
• Nowhere in the Constitution, it has been said that the President should nominate 3 members from each area mentioned. Hence the assumption that 3 members from each must be nominated is wrong.
• The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president. Thus, while applying the maximum strength test to Rajya Sabha, the nominated members are counted. Hence, statement 2 is incorrect.