Question Discussion & Solution

The correct answer is Dr. Sampurnanand. 

Key Points

The correct answer is Article 108

Key Points

• Article 108:
  • Article 108 of the Indian Constitution of India provides for Joint sitting of both Houses.
  • The joint sitting of the Parliament is called by the President.
  • It is presided over by the Speaker or, in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha.
  • The Chairman doesn't preside over the joint session at any means/cost.
  • The joint sitting of both the houses is also held to resolve the deadlock over the passing of key legislation.
  • Not all bills can be referred to a joint sitting of Parliament.
  • There are two exceptions: The money bill under Article 110 and the Constitution amendment bill under Article 368.
  • The Secretary-General shall issue summons to each member specifying the time and place for a joint sitting.
  • The duration and adjournment of the joint sitting shall be determined by the Speaker.
  • The quorum to constitute a joint sitting shall be one-tenth of the total number of members of the Houses.
  • The procedures of joint sessions are subject to modifications and variations as the Speaker may consider necessary or appropriate.

Additional Information

•  Article 72:
  • Article 72 empowers the President 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.
• Article 102:
  • Disqualifications for membership. 
  • The Centre is considering a constitutional amendment to define the term ‘office of profit’ and the exempted categories.
  • The draft amendment proposes to exempt advisors appointed by the Centre or states and those appointed to discharge legislative functions such as the leader of the opposition, chief whips, etc from disqualification related to the ‘office of profit’.
• Article 111:
  • Veto Power of the President of India is guided by Article 111 of the Indian Constitution.
  • Three Types of Veto Power: Absolute veto, Suspensive veto and Pocket veto.
  • Exception: The President has no veto power when it comes to the constitutional amendment bills.
• Absolute Veto:
  • It refers to the power of the President to withhold his assent to a bill passed by the Parliament.
  • The bill then ends and does not become an act.
• Suspensive Veto:
  • The President uses a suspensive veto when he returns the bill to the Indian Parliament for its reconsideration.
  • If the Parliament resends the bill with or without amendment to the President, he has to approve the bill without using any of his veto powers.
• Pocket Veto:
  • The bill is kept pending by the President for an indefinite period when he exercises his pocket veto.
  • He neither rejects the bill nor returns the bill for reconsideration.

Explanation:

A money bill can only be introduced in the Lok Sabha on the recommendation of the president.

After it is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its consideration.

The Rajya Sabha cannot reject or amend a money bill. It can only make the recommendations.

It must return the bill to the Lok Sabha within 14 days, with or without recommendations.

The Lok Sabha can either accept/reject all or any of the recommendations of the Rajya Sabha.

If the Lok Sabha accepts any recommendation, the bill is then considered to have been passed by both the Houses

If the Lok Sabha does not accept any recommendation, the bill is then considered to be passed by both the Houses in the form originally approved by the Lok Sabha.

There is no provision of holding a joint sitting in case of disagreement between the two houses.

The correct answer is Gram Sabha.

• According to Chapter IV of the FRA, 2006, the Gram Sabha is the authority to initiate the process for determining the nature and extent of individual or community forest rights or both.

GRAM SABHA:

1. Gram Sabha is the authority for Scheduled Tribes and Other Traditional Forest Dwellers within the local limits of its jurisdiction.
2. It receives claims, consolidates and verifies them, prepares a map delineating the area of each recommended claim in such manner as may be prescribed for the exercise of such rights.
3. It then passes a resolution to the effect, and thereafter forwards a copy of the same to the Sub-Divisional Level Committee.

STATE LEVEL MONITORING COMMITTEE: 

      ♦ According to Section 6(7) of FRA, the State Level Monitoring Committee has to perform the following functions:

1. Monitor the process of recognition and vesting of forest rights.
2. Submit to the Nodal Agency, the returns and reports demanded by it.

NODAL AGENCY:

      ♦ According to Section 11 of the FRA, the following may be the Nodal Agency:

1. Ministry of Tribal Affairs
2. Any officer or authority authorized by the Central Government on this behalf.

• The State Governments/UTs ensure that no eligible claim is rejected.

The correct answer is By indirect elections by the members of the Provincial Legislative Assemblies established in 1935.

• The members of this assembly were elected indirectly, that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation.

Additional Information 

• Important facts about the Constituent Assembly
  • In 1934, M N Roy first proposed the idea of a constituent assembly.
  • The demand was taken up by the Congress Party in 1935 as an official demand.
  • The British accepted this in the August Offer of 1940.
  • Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly.
  • The members of this assembly were elected indirectly, that is by the members of the provincial assemblies by the method of a single transferable vote of proportional representation
  • The constituent assembly was formed for the purpose of writing a constitution for independent India
  • Initially, the number of members was 389.
  • After partition, some of the members went to Pakistan and the number came down to 299.
  • Out of this, 229 were from the British provinces and 70 were nominated from the princely states.
  • Dr Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly.
  • Later, Dr Rajendra Prasad was elected as the President and its Vice President was Harendra Coomar Mookerjee.
  • BN Rau was the constitutional advisor.
  • The assembly first met on 9 December 1946.
  • On 13 December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’.
  • The National Flag of the Union was adopted on 22 July 1947.
  • The final document had 22 parts, 395 articles and 8 schedules.
  • The assembly had met for 11 sessions.
  • The last session was held during 14 – 26 November 1949.
  • The constitution was passed and adopted by the assembly on 26 November 1949.
  • On 24 January 1950, ‘Jana Gana Mana’ was adopted as the national anthem.
  • The constitution came into force on 26 January 1950 (which is celebrated as Republic Day).