Previous Year Question
Which of the following is/are the exclusive power(s) of the Lok Sabha?
To ratify the declaration of Emergency.
To pass a motion of no-confidence against the Council of Ministers.
To impeach the President of India.
Select the correct answer using the codes given below:
1 and 2
2 only
1 and 3
3 only
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. Approval of an Emergency proclamation is not an exclusive power of the Lok Sabha. Approval by both Houses of Parliament is required.
For example:
A National Emergency under Article 352 must be approved by both Houses within one month.
President’s Rule under Article 356 must be approved by both Houses within two months.
A Financial Emergency under Article 360 must also be approved by both Houses within two months.
The Lok Sabha does possess a special power concerning the disapproval of a National Emergency. If it passes a resolution disapproving its continuation, the President must revoke the proclamation. Nevertheless, ratification or approval of an Emergency is not its exclusive power.
Statement 2 is correct. A motion of no-confidence against the Council of Ministers can be introduced and passed only in the Lok Sabha. Its constitutional basis is Article 75(3), under which the Union Council of Ministers is collectively responsible to the Lok Sabha.
Regarding a no-confidence motion:
It is moved against the Council of Ministers collectively.
At least 50 members must support granting leave for its introduction in the Lok Sabha.
If passed, the entire Council of Ministers, including the Prime Minister, must resign.
The Rajya Sabha cannot remove the Government through a no-confidence motion.
Statement 3 is incorrect. Impeachment proceedings against the President may be initiated in either House of Parliament. This is not an exclusive power of the Lok Sabha.
Under Article 61:
The charge may originate in either the Lok Sabha or the Rajya Sabha.
At least 14 days’ written notice is required.
The notice must be signed by at least one-fourth of the total membership of the initiating House.
The initiating resolution must be passed by not less than two-thirds of the total membership of that House.
The other House investigates or causes the charge to be investigated.
If the other House also sustains the charge by a two-thirds majority of its total membership, the President is removed from office from the date of that resolution.