. No.	Topic Name	Prelims/Mains
1.	About the Privileges of Members of Parliament	Prelims & Mains
2.	Details of the 10th Schedule	Prelims & Mains
3.	About the Private Members Bill	Prelims & Mains
4.	Details of the Cabinet Secretary	Prelims & Mains

 

1 – About the Privileges of Members of Parliament:GS II

Topic à Parliament related issues

 

·       Context:

 

·       The Rajya Sabha chairman, M. Venkaiah Naidu, said in the Upper House on Friday that members of Congress may be arrested for crimes whether or not the House was in session. He asserted that MPs were unable to ignore police summonses.

 

·       Raising the Rajya Sabha’s standards:

 

·       The Rajya Sabha’s output has been gauged since 1978. Production at The House was above 100% for the first 19 years, from 1991 to 1996, but it has since started to decline.

·       In 16 of these 19 years, the House’s annual output exceeded 100%, while in the 24 years before that, just two of those years—1998 and 2009—saw productivity above 100%. The Rajya Sabha has not once seen a productivity rate of 100 percent in the last 12 years.

 

·       What Are Parliamentary Privileges?

 

·       To “successfully fulfil their obligations” both individually and collectively, members of parliament may use certain privileges and immunities.

·       Two privileges that are particularly specified in Article 105 of the Constitution are the freedom of speech in Parliament and the right to report its proceedings.

·       The Code of Civil Procedure, 1908 also protects members against civil process arrest and detention while the House or a committee of the House is in session, as well as for forty days prior to and forty days after the meeting. This is in addition to the privileges listed in the Constitution.

 

·       Request to avoid a Breach of Privilege:

 

·       When any of these privileges or immunities are infringed, it constitutes a crime that is subject to punishment under legislation enacted by Parliament.

·       Any member of either House may make a notice motion in opposition to someone they believe has infringed on a privilege.

·       Role of the Rajya Sabha (RS) Speaker/Chairperson:

 

·       The Speaker/RS chairperson initially considers a privilege motion.

·       The Speaker or Chair may rule on the privilege motion or submit it to the committee that oversees parliamentary privileges.

·       If the Speaker/Chair grants permission in accordance with the applicable rules, the member in question is given the opportunity to make a brief statement.

·       Application: Parliamentary privileges are granted by the Constitution to everyone who is permitted to speak and participate in a House of Parliament or any of its committee meetings. One of them is the Attorney General of India.

·       Despite being a crucial component of the Parliament, the President is not given any of the privileges enjoyed by other members of the parliament. Article 361 of the Constitution grants privileges to the President.

 

Source à The Indian Express

 

2 – Details of the 10^th Schedule:GS II

Topic à Indian Constitution

 

·       Context:

 

·       Among other things, the 10th schedule of the Constitution should be strengthened, horse commerce discouraged, and threats against women on social media punished. The Rajya Sabha received these and other Private Member’s Bills on Friday.

 

·       Anti-defection legislation:

 

·       The Tenth Schedule was added to the Constitution in 1985 as a result of the 52nd Amendment Act.

·       It describes the process by which lawmakers may be removed from their positions on a legislative body due to defection, as requested by any other member of the House.

·       The ultimate decision on disqualification due to defection rests with the Chairman or Speaker of that House.

·       The act applies to both the national and state legislatures.

 

·       Disqualification occurs when:

 

·       MP or MLA voluntarily leaves his political party, votes against the intentions of his party, or doesn’t cast a ballot in the legislature.

·       Nevertheless, if the participant got prior authorization or received

·       within 15 days of the vote, or abstention from the party.

·       if an independent candidate decides to switch parties after the election.

·       A nominated legislator joins a party six months after being chosen to serve in the legislature.

 

·       Examples of the exceptions:

 

·       Legislators occasionally have the option to change parties without being subject to disqualification.

·       If approved by at least two-thirds of its legislators, a party may merge with or into another party in conformity with the law.

·       Both those who choose to join the original party and those who prefer to stick with it will not be excluded in such a scenario.

 

·       A judge is permitted to review the Presiding Officer’s choice:

 

·       The original law does not permit judicial review of the Presiding Officer’s decision. In 1992, the Supreme Court overturned this provision, allowing appeals of the Presiding Officer’s decision to be brought to the High Court and Supreme Court. The Presiding Officer’s order had to come first, therefore no legal action could be initiated until then.

 

·       Benefits of legislation against defection:

 

·       prevents changes in party identification, which gives the government stability.

·       ensures that candidates remain devoted to the party and the electorate.

·       keeps party discipline in check.

·       enables political party mergers without setting off the anti-defection provisions

·       expects to reduce political corruption.

·       explains the penalties that will be applied to a member who changes parties.

 

·       Several suggestions are presented to alleviate the issues the statute has caused:

 

·       According to the commission on electoral reforms, disqualification should only take place in the following situations:

 

·       A member either abstains or casts a no or no vote in response to a motion for or against confidence. Political parties could only issue whips when the government was in danger.

 

·       It is advised to repeal laws that exclude mergers and splits from disqualification, according to the Law Commission’s (170th Report). In order to prevent defection, pre-election electoral fronts should be treated as political parties. Whips should only be used by political parties in dire circumstances if there is a danger to the nation’s security.

 

·       Election Commission: The President or Governor shall act in accordance with the legally-binding recommendations of the Election Commission with respect to the Tenth Schedule.

 

Source à The Hindu

 

 

3 – About the Private Members Bill:GS II

Topic à Parliament related issues

 

·       Context:

 

·       A BJP member named Sunil Kumar Singh introduced a private member’s bill in the Lok Sabha on Friday to establish a body that will be in charge of outlawing the publication and dissemination of offensive religious materials, with penalties including up to five years in prison and derecognition of any publishers or advertising companies involved.

 

·       About:

 

·       A member of parliament (MP) who is not a minister is known as a private MP.

·       This particular member is in charge of writing it. Before being introduced in the House, it requires a month’s notice.

·       Public bills that pertain to government can be introduced and discussed at any time, whereas private member bills can only be brought and considered on Fridays.

·       When there are multiple measures, the order in which they are introduced is decided by a ballot method.

·       The Parliamentary Committee on Private Member’s Bills and Resolutions examines all such bills and categorises them based on their urgency and importance.

·       The government’s departure or the degree of parliamentary confidence in it are unaffected by the House’s rejection of it.

·       The member who is leading the bill has the choice to either withdraw it at the minister’s request or proceed with its passage following the discussion.

 

·       Private member legislation in the past:

 

·       The last time both Houses passed a private member’s bill was in 1970.

·       The legislation in question was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill of 1968.

·       The Rajya Sabha received 14 private member’s bills, five of which were ultimately voted into law. The Proceedings of Legislature (Protection of Publication) Bill from 1956 is another piece of independent legislation that was approved by the Lok Sabha.

·       The Salaries and Allowances of Members of Parliament (Amendment) Bill, 1964, was delivered to the Lok Sabha.

·       The Indian Penal Code (Amendment) Bill of 1967 was initially presented to the Rajya Sabha.

 

·       Significance:

 

·       The private member’s bill aims to draw the government’s attention to issues and gaps in the existing legal system that some MPs believe necessitate legislative action.

·       It thus represents the viewpoint of the opposition party on crucial subjects.

 

Source à The Indian Express

 

4 – Details of the Cabinet Secretary:

Prelims Specific Topic

 

·       Context:

 

·       The Appointments Committee of the Cabinet (ACC) has extended Rajiv Gauba’s tenure as cabinet secretary for an additional year, ending on August 30, 2022.

 

·       About:

 

·       Usually two years, a cabinet secretary is hired for a specific amount of time.

·       The government may extend a cabinet secretary’s term provided that the total duration of service does not exceed four years, according to the All India Services (Death-Cum-Retirement-Benefits) Rules, 1958.

·       According to the new regulations, after the first four-year period, the central government may extend a cabinet secretary’s employment for a subsequent period of up to three months.

 

·       Tasks of the cabinet secretary:

 

·       The cabinet secretariat is directly under the prime minister’s authority.

·       The administrative head of the secretariat is the cabinet secretary, who also serves as the ex-officio chairman of the civil services board.

 

·       Functions:

 

·       The cabinet secretariat aids decision-making in government by providing interministerial coordination, settling disputes between ministries or departments, and forging consensus through the employment of standing or special committees of secretaries.

·       The management of major national crises and the coordination of the responses of several ministries in such a situation are among the responsibilities of the cabinet secretariat.

·       The Cabinet Secretariat oversees the administration of the Government of India (Transaction of Business) Rules, 1961 and the Government of India (Allocation of Business) Rules, 1961 to ensure effective business operations in Government Ministries and Departments.

 

Source à The Hindu