Statement 1: A person acquires the legal status of a Member of Parliament from the date they are declared elected by the Returning Officer. Hence, Statement 1 is correct regarding the acquisition of status. Statement 2: While the status of a member is acquired upon election, the right to function fully as a member within the House (take seat, vote, participate in proceedings) begins only after making and subscribing the oath as required by Article 99. Statement 2 says they "becomes a Member of the House only from the date... oath". This is incorrect in terms of legal status, as status is from election. Hence, Statement 2 is incorrect. Statement 3: Rule 32 of the Rules of Procedure and Conduct of Business in Lok Sabha states that a member may not ask a question until he has made and subscribed the oath or affirmation. This is an example of a right contingent on the oath. Hence, Statement 3 is correct.
Consider the following statements: 1. A person becomes a Member of the House from the date on which the person is declared elected by the Returning Officer. 2. A person becomes a Member of the House only from the date on which the person makes and subscribes oath or affirmation. 3. A Member cannot ask a question in the House unless he has taken oath and signed the Roll of Members in the House. Which of the above statements is/are correct ?
Asked in UPSC SO Steno 2017 · Topic: The Parliament (Vacation of Seats, Oath, and Anti-defection Law (10th Schedule))
More Indian Polity and Governance questions
- Consider the following statements with regard to the Members of Parliament : 1. Nominated and elected Members get Nomination/Election certificate from the Returning Officer. 2. Nominated Member gets the Letter of Nomination from the Ministry of Law. 3. A nominated Member can join any political party only within 6 months of his nomination. Which of the above statements is/are correct ?
- Which one of the following statements is correct with regard to right of Members before taking oath in Lok Sabha ?
- Which one of the following statements is not correct with regard to leave of absence by MPs ?
- The house of parliament can declare the seat vacant of the member in question, if he absents himself for how many days from all meetings of the house? (1) 45 (3) 60
- Which one of the following is not correct with regard to the Railway Convention Committee ?
- The Joint Parliamentary Committee Set up for probing the 2G spectrum issue, consists of
- The Joint Parliamentary Committee examining the 2G Scam is headed by
- Who is the chairman of Joint Parliament Committee set up to look into the 2G Spectrum Scandel ?