UPSC Prelims 2012 Q7: Indian Polity – Parliament & State Legislatures
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?
- (a) 1 only
- (b) 2 and 3
- (c) 1 and 3
- (d) None
Answer: (d) None
Explanation
Three statements on Parliament and elections
| Statement | Verdict | Fact |
|---|---|---|
| 1. Union Territories are not represented in the Rajya Sabha | Incorrect | Delhi, Puducherry and Jammu and Kashmir have seats |
| 2. It is within the purview of the Chief Election Commissioner to adjudicate the election disputes | Incorrect | Election petitions are heard by the High Courts, with appeal to the Supreme Court |
| 3. According to the Constitution, the Parliament consists of the Lok Sabha and the Rajya Sabha only | Incorrect | Article 79: Parliament = President + Rajya Sabha + Lok Sabha |
Who decides what:
| Matter | Authority |
|---|---|
| Disputes about election of an MP or MLA | High Court (election petition) |
| Disputes about election of the President or Vice-President | Supreme Court (Article 71) |
| Disqualification of a sitting MP (other than defection) | President, on the opinion of the Election Commission (Article 103) |
Answer: (d) None.
Why each option is right or wrong
- (a) Incorrect. Some Union Territories are represented in the Rajya Sabha.
- (b) Incorrect. Election disputes go to the High Courts, and Parliament includes the President.
- (c) Incorrect. Both statements 1 and 3 are false.
- (d) CORRECT. None of the three statements is correct.
Key point
Article 79: Parliament = President + two Houses. UTs with legislatures sit in the Rajya Sabha. Election petitions go to High Courts.
Remember
Parliament = President + Lok Sabha + Rajya Sabha.
Common mistakes
- Forgetting that the President is part of Parliament.
- Thinking the Election Commission settles election disputes after the result.
- Assuming no Union Territory has Rajya Sabha seats.
Exam tip
The word 'only' in statement 3 is the trap: the President is the third part.
Sources
- Constitution of India — Articles 79, 80 and 329
- Representation of the People Act, 1951 — Section 80A