UPSC Prelims 2012 · Question 7 of 98
UPSC Prelims 2012 question on Rajya Sabha Membership Election
- ExamUPSC CSE
- Year2012
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicParliament
- DifficultyMedium
- TypeStatement
Consider the following statements:
1. Union Territories are not represented in the Rajya Sabha.
2. It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
3. According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
Which of the statements given above is/are correct?
Show answer
Answer: D. None
Verdict
Correct Answer: None
All three statements are incorrect as per the Constitution of India and the Representation of the People Act.
Statement by statement
1. Union Territories are not represented in the Rajya Sabha — Incorrect
Union Territories can be represented in the Rajya Sabha.
At present, Delhi, Puducherry and Jammu & Kashmir have Rajya Sabha seats. Their representatives are elected indirectly as provided by law.
2. Election disputes are adjudicated by the Chief Election Commissioner — Incorrect
The Election Commission conducts and supervises elections, but it does not decide election disputes.
Election disputes relating to Parliament and State Legislatures are decided by High Courts through election petitions, with appeal to the Supreme Court.
3. Parliament consists only of Lok Sabha and Rajya Sabha — Incorrect
Article 79 says Parliament consists of the President, Rajya Sabha and Lok Sabha.
The President is not a member of either House, but is an integral part of Parliament because bills require the President’s assent to become law.
Extra UPSC info
* Article 79: Parliament consists of the President, Council of States and House of the People.
* Article 329: Courts cannot interfere in electoral matters except through election petitions.
* Election petitions for Parliamentary and Assembly elections are tried by High Courts.
* Disputes regarding election of President and Vice-President are decided by the Supreme Court under Article 71.
* Election Commission advises the President or Governor on disqualification of sitting members under Articles 103 and 192.
* Anti-defection cases are decided by the Speaker or Chairman under the Tenth Schedule.
How to crack it
None of the statements is correct because UTs can be represented in Rajya Sabha, election disputes are decided by courts, and the President is part of Parliament under Article 79.