Daily Current Affairs Quiz PDF of 25th March 2018
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Elections for 25 Rajya Sabha seats were held recently.
What is the strength of the House?
The Strength of Rajya Sabha is maximum 250 out of which 238 are state and UT representative and 12 are nominated by the President. At Present, Rajya Sabha has 245 member out of which 229 are representative and rest nominated
What is the qualification of an RS member?
He must be a citizen of India and must not be less than 30 years of age. He must possess qualifications as may be prescribed under any law made by Parliament.
Who can vote to elect Rajya Sabha member?
Elected representatives of state legislatures vote in elections to the Upper House.
Rajya Sabha election process:
Members of state assemblies elect Rajya Sabha members by a process of indirect voting in what is called proportional representation with a single transferable vote. Each voter ranks his preference, and if the first candidate on the list has enough votes to win or no chance of winning, the vote is transferred to the next choice and so on.
Tenure of Rajya Sabha members:
Rajya Sabha members are elected for a six-year term. One-third of the members of the Upper House of parliament retire after every two years.
Context: The Delhi High Court has quashed a notification issued by President Ram Nath Kovind disqualifying 20 AAP MLAs for holding offices of profit as Parliamentary Secretaries.
The court has reinstated all 20 MLAs, holding that the opinion of the Election Commission of India to the President to disqualify the legislators was “vitiated and bad in law for failure to comply with the principles of natural justice”.
Why was the notification quashed by the court?
The High Court noted that the Election Commission failed to give oral hearing and opportunity to address arguments on merits to the AAP MLAs before arriving at its opinion that they held ‘office of profit’.
What next?
The court has asked the Election Commission to first decide the “all important and seminal issue; what is meant by the expression ‘office of profit held under the government’.” Then, “re-examine the factual matrix to decide whether the petitioners (MLAs) had incurred disqualification on appointment as Parliamentary Secretaries, without being influenced by the earlier order or observations on the said aspect in this order”.
What’s the issue?
The Delhi government, led by Chief Minister Arvind Kejriwal, appointed the parliamentary secretaries attached to government ministries after coming to power in March 2015. The Election Commission had recommended that 20 MLAs of the Aam Aadmi Party in Delhi be disqualified as they held offices of profit while being legislators.
What is an ‘office of profit’?
If an MLA or an MP holds a government office and receives benefits from it, then that office is termed as an “office of profit”. A person will be disqualified if he holds an office of profit under the central or state government, other than an office declared not to disqualify its holder by a law passed by Parliament or state legislature.
What are the basic criteria to disqualify an MP or MLA?
Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution, and for an MLA in Article 191. They can be disqualified for: a) Holding an office of profit under government of India or state government; b) Being of unsound mind; c) Being an undischarged insolvent; d) Not being an Indian citizen or for acquiring citizenship of another country.
What is the underlying principle for including ‘office of profit’ as criterion for disqualification?
Makers of the Constitution wanted that legislators should not feel obligated to the Executive in any way, which could influence them while discharging legislative functions. In other words, an MP or MLA should be free to carry out her duties without any kind of governmental pressure.
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