JAGTIV · Previous Year Questions

UPPSC

POLITY · 2012

Previous Year Question

The Council of Ministers has to resign if a no-confidence motion is passed by a majority of members of

A.

Lok Sabha

B.

Rajya Sabha

C.

Both the Houses separately

D.

Both the Houses in joint sitting

Correct Answer: A

Detailed Solution

The correct answer is the Lok Sabha. Under Article 75(3) of the Constitution, the Union Council of Ministers is collectively responsible to the Lok Sabha. Therefore, if the Lok Sabha passes a no-confidence motion, it means that the Government has lost the confidence of the House and the Council of Ministers has to leave office.

The procedure for a No-Confidence Motion is governed by Rule 198 of the Lok Sabha Rules. The motion is directed against the Council of Ministers as a whole, not against an individual Minister. At the initial stage, support of at least 50 members is required for leave to move the motion.

The support of 50 members is required for admitting the motion, not for passing it. When the motion is decided, the general constitutional rule is that the question is determined by a majority of members present and voting. Thus, “majority” should not be understood as necessarily requiring a majority of the total membership of the House.

The Rajya Sabha cannot remove the Government through a no-confidence motion, because the collective responsibility of the Council of Ministers is to the Lok Sabha. The Rajya Sabha may debate and criticise government policies, but the survival of the Government depends upon the confidence of the Lok Sabha.

Another useful fact is that a No-Confidence Motion need not state the grounds on which it is based. Its central issue is simply whether the Lok Sabha continues to have confidence in the existing Council of Ministers.

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