Thangai VS Annan
Dear Indian Civil Services Aspirants,
This Article on the Parliamentary Procedures of India will be of immense use for your preparation to the Civil Services Exams and subsequent personality test. Best wishes for your success. Go ahead:
Question Hour in Parliament
The first hour of every sitting in both Houses of Parliament is known as the Question Hour. During Question Hour, the Members of Parliament have the right to question any administrative and governmental policy related to the national as well as the international sphere. The questions asked in both Houses of Parliament are generally addressed to the ministers. These questions can be categorised as Starred Questions, Unstarred Questions, and Short Notice Questions. A member has to give notice to the Secretary-General of the concerned House that he wants to ask a question.
Question hour in other legislatures
This sort of a process where elected representatives ask questions that are replied by the Prime Minister or other government ministers is part of parliamentary tradition in many other countries. The Question Hour in the Indian Parliament is similar to the Prime Minister’s Questions in the House of Commons in the United Kingdom, the First Minister’s Questions in the Scottish Parliament and National Assembly for Wales, the Question Period in the federal Parliament and provincial legislatures of Canada and the Question Time in Australia and New Zealand.
Types of Parliamentary Questions:
There are three categories of questions addressed to ministers. They are:
• Starred Questions: Questions which have to be answered orally on the floor of the House, carrying an asterisk mark are called starred questions. The member is allowed to ask a supplementary question after the reply from the Minister concerned.
• Unstarred Questions: Questions answered in a written form and which do not carry the asterisk mark are called unstarred questions. After the reply has been provided, no supplementary question can be asked.
• Short Notice Questions: A minimum 10 day notice is to be given to ask a question in Parliament normally. However, if a Member seeks to ask a question urgently and cannot wait for 10 days, in such cases it is allowed to ask the question before 10 days. Such questions are called short notice questions.
Business after Question Hour
After the Question Hour, the House takes up miscellaneous items of work before proceeding to the main business of the day. These may consist of one or more of the following:-
Adjournment Motions, Questions involving breaches of Privileges, Papers to be laid on the Table, Communication of any messages from Rajya Sabha, Intimations regarding President’s assent to Bills, Calling Attention Notices, Matters under Rule 377, Presentation of Reports of Parliamentary Committee, Presentation of Petitions, – miscellaneous statements by Ministers, Motions regarding elections to Committees, Bills to be withdrawn or introduced.
Zero Hour in Parliament
Dictionaries describe a Zero Hour as “the hour at which a planned, especially military operation is timed to begin” or “a crucial moment” or a time set for the beginning of an attack’.
Zero Hour denotes the time immediately following the Question Hour in both Houses of Parliament. It starts at 12 noon. It came to be called an ‘Hour” also because very often it continued for one full hour, until the House rose for lunch at 1 p.m. However, the duration of the Zero Hour has varied over the years. It is not possible to predict what kind of matters might be raised during Zero Hour as there is no mention of any “Zero Hour” in the rules of the Parliament. It is the press who coined the term “Zero Hour” during the early 1960s, when the practice of raising urgent matters of public importance without prior notice developed. Although euphemistically called Zero Hour, it may not last for an hour; it may last for some time which may be half-an-hour or more or less. Sometimes it may also occupy full one hour or may even extend beyond an hour, depending on the number of matters which members may like to raise and the gravity and importance of such matters. It is also not necessary that there would be a Zero Hour every day during the session.
Half-an-Hour Discussion
Any matter of sufficient public importance, which has been the subject of recent questions in the Lok Sabha can be discussed during a Half-an-Hour Discussion. Usually, the discussions take place in the last half-an-hour on Mondays, Wednesdays and Fridays. During the discussion, the member who has given notice makes a short statement and not more than four members who have intimated earlier and have secured one of the four places in the ballot are permitted to ask a question each for further elucidating any matter of fact. Thereafter, the Minister concerned replies. There is no formal motion before the House nor voting.
Discussion on Matters of Urgent Public Importance
Members may raise discussions on matters of urgent public importance with the permission of the Speaker. Such discussions may take place on two days in a week. No formal motion is moved in the House nor is there any voting on such a discussion.
Debate in the House
After the member who initiates discussion on an item of business has spoken, other members can speak on that item of business in such order as the Speaker may call upon them. Only one member can speak at a time and all speeches are directed to the Chair. A matter requiring the decision of the House is decided by means of a question put by the Speaker on a motion made by a member.
Division
A division is one of the forms in which the decision of the House is ascertained. Normally, when a motion is put to the House members for and against it indicate their opinion by saying “Aye” or “No” from their seats. The Chair goes by the voices and declares that the motion is either accepted or negatived by the House. If a member challenges the decision, the Chair orders that the lobbies be cleared. Then the division bell is rung and an entire network of bells installed in the various parts and rooms in Parliament House and Parliament House Annexe rings continuously for three and a half minutes. Members and Ministers rush to the Chamber from all sides. After the bell stops, all the doors to the Chamber are closed and nobody can enter or leave the Chamber till the division is over. Then the Chair puts the question for second time and declares whether in its opinion the “Ayes” or the “Noes”, have it. If the opinion so declared is again challenged, the Chair asks the votes to be recorded by operating the Automatic Vote Recording Equipment.
Automatic Vote Recording System
With the announcement of the Speaker for recording the votes, the Secretary- General presses the button of a key board. Then a gong sounds serving as a signal to members for casting their votes. For casting a vote each member present in the Chamber has to press a switch and then operate one of the three push buttons fixed in his seat. The push switch must be kept pressed simultaneously until the gong sounds for the second time after 10 seconds.
There are two Indicator Boards installed in the wall on either side of the Speaker’s Chair in the Chamber. Each vote cast by a member is flashed here. Immediately after the votes are cast, they are totalled mechanically and the details of the results are flashed on the Result Indicator Boards installed in the railings of the Speaker’s and Diplomatic Galleries.
Divisions are normally held with the aid of the Automatic Vote Recording Equipment. Where so directed by the Speaker in terms of relevant provision in the Rules of Procedure etc. in Lok Sabha, Divisions may be held either by distribution of ‘Aye’/'No’ and ‘Abstention’ slips to members in the House or by the members recording their votes by going into the lobbies.
There is an Indicator Board in the machine room showing the name of each member. The result of Division and vote cast by each member with the aid of Automatic Vote Recording Equipment appear on this Board also. Immediately a photograph of the Indicator Board is taken. Later the Photograph is enlarged and the names of members who voted ‘Ayes’ and for ‘Noes’ are determined with the help of the photograph and incorporated in Lok Sabha Debates.
Quorum of the Houses of Parliament
Each session of the Lok Sabha can be initiated with a quorum of 55 members (one–tenth of the total membership), including the Speaker or the person acting as such. Quorum should be ascertained at the beginning of the sitting each day, before the Speaker takes the Chair. The quorum to constitute a meeting of Rajya Sabha is one-tenth of the total number of members of the House, i.e. 25 members.
Prorogation of the House of Parliament
A prorogation means an order of the President which terminates the session of the House. The House may be prorogued any time. Usually, however, prorogation follows the adjournment of the sitting of the House without fixing a day for re-convening . The period between prorogation of the House and its reassembly in a new session is termed as ‘inter-session period’.
The President acts on the advice of the Prime Minister before exercising his powers of deferring the House. The Prime Minister, in turn, may consult the Cabinet before the advice is submitted to the President.
Ordinance
Ordinance simply put is a law made by the executive. In a democracy like India wherein the principle of separation of powers, it is the prerogative of the legislature to make laws. However if the parliament is not in session and when such extra-ordinary unforeseen and emergent circumstances exist wherein the legislation can’t wait, then the President is empowered under the article 123 to legislate by promulgating ordinances. Ordinances carry the full force of a law similar to one made by the legislature which also implies that it has similar limitations like ordinary laws i.e an ordinance is null and void if it violates fundamental rights etc. POTO (Prevention of Terrorism Ordinance) which later became POTA (Prevention of Terrorism Act) when the Parliament approved it in a joint sitting, was an example of an Ordinance. The President can issue Ordinances if he is satisfied that conditions exist that render it necessary to take immediate action. However, he cannot do so if both Houses of Parliament are in session. He may issue an Ordinance to enforce the provisions of a Bill pending before a House or to enforce the provisions of a Bill already passed by one House but not yet passed by the other House. An Ordinance may also be introduced on an entirely new matter to be replaced subsequently by a Bill. An Ordinance promulgated by the President has the same force and effect as an Act of Parliament. The Ordinance ceases to operate at the expiration of six weeks from the reassembly of the Parliament. Both Houses of Parliament have to approve the Ordinance within that period. If it is not approved by one of the Houses, the Ordinance expires. The President can also withdraw it at any time.
‘Calling’
Every member (with prior consent of the Speaker) has the right to call the attention of a minister on any matter of urgent public importance. This concept is unique to India. ‘Calling Attention’ allows a member to highlight failure or inadequate action of Government on any important matter of public importance. This is similar to an adjournment motion without its censure aspect. The minister is allowed to make a brief statement or request a later date for making a statement.
Motion
In the Parliament, a member may introduce a motion in the form of a proposal. Thus, a Motion is a proposal for eliciting decision or expressing the opinion of the House on a matter of public importance. Every question to be decided by the House must be proposed as ‘Motion’. The consent of the Speaker or the Chairman is also essential to initiate a motion.
All motions, notice of which is received in the Lok Sabha Secretariat under the rules, shall be classified under the following categories, namely:–
1. Substantive Motions
2. Substitute Motions and
3. Subsidiary Motions, which are further divided into three classes:–
a. Ancillary Motions,
b. Superseding Motions, and
c. Amendments.
A Motion passes through four stages:
(i) Moving the Motion, (ii) Proposing the question by the Speaker/Chairperson, (iii) Debate or discussion where permissible, and (iv) Vote or decision of the House.
Government motions generally aim at obtaining approval of the House for some policy or action of the government. But motions moved by private members focus on eliciting opinion of the House on a particular matter.
The rules governing these motions shall be as follows:–
Substantive Motions- A substantive motion is a self-contained independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House, e.g., all resolutions are substantive motions.
Substitute Motions – Motions moved in substitution of the original motion for taking into consideration a policy or situation or statement or any other matter are called substitute motions. Such motions, though drafted in such a way as to be capable of expressing an opinion by themselves, are not strictly speaking substantive motions inasmuch as they depend upon the original motion.
Subsidiary Motions- They depend upon or relate to other motions or follow upon some proceedings in the House. They by themselves have no meaning and are not capable of stating the decision of the House without reference to the original motion or proceedings of the House. Subsidiary motions are further divided into:–
(a) Ancillary Motions -They are motions which are recognized by the practice of the House as the regular way of proceeding with various kinds of business. The following are the example of ancillary motions, namely:–
(i) That the Bill be taken into consideration.
(ii) That the Bill be passed.
(b) Superseding Motions.-They are motions which, though independent in form, are moved in the course of debate on another question and seek to supersede that question. In that class fall all the dilatory motions. The following motions are superseding motions in relation to the motion for taking into consideration a Bill:–
(i) That the Bill be re-committed to a Select Committee.
(ii) That the Bill be re-committed to a Joint Committee of the Houses.
(iii) That the Bill be re-circulated for eliciting further opinion thereon.
(iv) That consideration of the Bill or the debate on the Bill be adjourned sine die or to some future date.
(c) Amendments – They are subsidiary motions which interpose a new process of question and decision between the main question and its decision. Amendments may be to the clause of a Bill, to a resolution or to a motion, or to an amendment to a clause of a Bill, resolution or motion.
How is a motion moved in the Parliament
The Speaker calls the member concerned to move the motion and make a speech on the allotted day. Thereafter, the Speaker places the motion before the House. The members who have given prior notice initiate amendments and substitute motions and the discussion follows. At the conclusion of the discussion, the amendments/ substitute motions are put to the vote of the House and disposed of.
Adjournment Motion
In Parliamentary parlance, ‘adjournment’ means a break or termination of the debate on a Motion/Resolution/Bill in the House. Adjournment of the House terminates the sitting of the House. It may also signify a brief break during a sitting of the House. Adjournment sine-die means termination of the sitting without any definite date being fixed for its next sitting.
‘No-day-yet-named motion’
If the Speaker admits notice of a motion but no date is fixed for its introduction, then it is called a ‘No-day-yet-named motion’. These are placed before the Business Advisory Committee, which selects the motions for discussion in the House and also allots time for the same. The government motions get precedence over the private members’ motions, as ‘No-day-yet-named motions’ are discussed in government time.
Motion of confidence and a motion of no-confidence
The changing political composition of the Parliament has led to a new procedure known as the Motion of Confidence in the Council of Ministers. This practice has evolved in recent times whenever no single political party is in a position to command the majority of the House. The procedure followed is as follows: a one line motion under Rule 184 “that this House expresses its confidence in the Council of Ministers” is moved by the Prime Minister on the direction of the President.
The Council of Ministers remains in office as long as they enjoy the confidence of the Lok Sabha. If the Lok Sabha expresses a lack of confidence in the Council of Ministers, the Government is constitutionally bound to resign. In order to ascertain the confidence, the rules provide for moving a motion to this effect, which is called a No-confidence motion. A motion of No-confidence, once admitted, has to be taken up within 10 days of the leave being granted. Rajya Sabha is not empowered to entertain a motion of No-confidence.
Censure Motion
A Censure Motion is a specific type of a No-confidence Motion. While a motion of no-confidence need not specify any grounds on which it is based, a censure motion must reveal the grounds on which it is based. This type of motion is moved for the specific purpose of censuring the government for certain policies and actions. Censure motion can be moved against the Council of Ministers or an individual minister for the failure to act or not to act or for their policy, and may express regret, indignation or surprise of the House at the failure of the minister.
Resolution in the Parliament
A Resolution is a procedural means or a Substantive Motion to initiate a discussion on any matters of general public interest. It might record either approval or disapproval by the House for an act or policy of the government or convey a message, or commend, urge or request an action, or call attention to a matter or situation for consideration by the government, or in such other forms as the Speaker may consider appropriate.
Similarly, in the Rajya Sabha resolutions may be in the form of declaration of opinion by the House or in such other forms as the Chairperson considers appropriate Resolutions may be classified as private members’ resolutions, government resolutions and statutory resolutions. The last two and a half hours of a sitting every alternate Friday are allotted for the discussion on the private members’ resolutions.
Government resolutions are initiated by ministers to seek the approval of the House for international treaties, conventions or agreements to which the government is a party. Statutory resolutions may be moved either by a minister or by a private member. Such resolutions are always tabled in pursuance of a provision in the Constitution or an Act of Parliament.
Difference between a motion and a resolution
All Resolutions fall in the category of Substantive Motions. But all motions need not necessarily be substantive. Further, all motions are not necessarily put to vote of the House, whereas all the resolutions are required to be voted upon.
Budget
A Budget is an “annual financial statement” or an estimate of receipts and expenditure of the Government of India. It is presented for the ensuing financial year, which at present begins on the 1 st of April every year in such form as the Finance Minister may, after considering the suggestions, if any, of the Estimates Committee, settle. There shall be no discussion of the Budget on the day on which it is presented to the House.
Demands for Grants
The Budget includes the estimated inflows and outflows of the Government for three years. It gives the actual expenditure for the preceding year, the revised estimates for the current year and the budget estimates for the next year. A separate demand shall ordinarily be made in respect of the grant proposed for each Ministry, provided that the Finance Minister may include in one demand grants proposed for two or more Ministries or Departments or make a demand in respect of expenditure which cannot readily be classified under particular Ministries. Each demand shall contain first a statement of the total grant proposed and then a statement of the detailed estimate under each grant divided into items.
The Pre-Budget Economic Survey is prepared by the Finance Ministry. The survey studies the overall economic development in the country. It mainly focuses on areas like banking and capital markets, prices, industry, agriculture and infrastructure. Other topics include trends in Gross Domestic Product (GDP), demand and supply factors, fiscal developments to name a few.
Preparation and Presentation of the general Budget in India
The overall responsibility of preparing the budget rests with the Budget Division within the Finance Ministry. The division takes cognizance of the availability of funds as well as the proposals from the numerous departments and ministries. It also consults the Comptroller and Auditor-General. The budget, however, needs the final approval of the Prime Minister before it can be presented in the Lok Sabha. The President decides on which day the budget is to be presented. By convention, it is presented on the last day of February.
Budget presentation in Parliament
The Budget is presented in two parts:
• Railway Budget , pertaining to Railway finance; and
• General Budget, which gives an overall picture of the financial position of the Government of India, excluding the Railways.
The Railway Budget and the General Budget are presented in the Lok Sabha by the Minister of Railways and the Minister of Finance, respectively. The speech announcing the General Budget is divided into two parts:
Part A: dealing with the general economic survey of the country; and
Part B: containing the taxation proposals for the ensuing financial year.
Following the budget presentation, the annual financial statement relating to the Government of India (duly authenticated by the Finance Minister) is laid on the table. Also, the Finance Bill is introduced at this time.
Vote on Account
If the Budget is not approved by 1st April or the current financial year, the Indian Constitution allows the Lok Sabha to grant a Vote-on-Account. Generally, the passage of the budget crosses the beginning of the financial year and it becomes necessary for the government to have enough funds to run the administration of the country. Thus, Vote on Account is a special provision, which empowers the Lok Sabha to make any grant in advance for a part of any financial year, pending the completion of the budgetary process.
Normally, the Vote on Account is granted for two months for a sum equivalent to one-sixth of the estimated expenditure for the entire year under the various demands for grants. During an election year, the Vote on Account may exceed that time. This provision is invoked once the general discussion on the Budget is over and before the discussion on demands for grants is taken up. In case of Railway Budget, which is passed before 31st March, no Vote on Account is needed, except during an election year.
A motion for vote on account shall state the total sum required and the various amounts needed for each Ministry, Department or item of expenditure which compose that sum shall be stated in a schedule appended to the motion.
Amendments may be moved for the reduction of the whole grant or for the reduction or omission of the items whereof the grant is composed.
Discussion of a general character may be allowed on the motion or any amendments moved thereto, but the details of the grant shall not be discussed further than is necessary to develop the general points.
In other respects, a motion for vote on account shall be dealt with in the same way as if it were a demand for grant
Approval of the Budget in the Parliament
The procedure for approving the Budget in the Parliament involves many steps:
(a) Presentation of the Budget: The Finance Minister introduces the Budget in the Lok Sabha, in February, with a speech giving an overview of the budget. A copy of the Budget is laid on the table of the Rajya Sabha at the conclusion of the Finance Minister’s speech in the Lok Sabha. There is no discussion of the Budget on the day in which it is presented.
(b) Discussion on the Budget: The Parliament allots some time for discussion after the presentation. The Budget is discussed in two stages – the ‘General Discussion’ followed by a detailed “discussion and voting on the demands for grants”. Besides, there are other opportunities for further discussions on financial proposals during consideration and passing of Appropriation Bill and Finance Bill. The Rajya Sabha is restricted to discussing the budget in general terms.
(c) Voting on Demands: After the prescribed period of debate is over, the Speaker uses his power to stop all discussions and put all outstanding demands for grants to vote. This power is known as “Guillotine”. Voting on demands is the exclusive preserve of the Lok Sabha. Demands for grants are subjected to Cut Motions by the members of the Lok Sabha.
(d) Appropriation Bill: The Bill is introduced after all demands for grants are passed by the Lok Sabha. The Bill paves the way for the enactment of Appropriation Act and is certified as a money Bill. It allows the government to withdraw money from the Consolidated Fund of India.
(e) Finance Bill: This Bill includes all taxation proposals including any amendments and paves the way for enacting the Finance Act.
Demands for Grants with regard to the Budget
Demands for Grants can be defined as requests made by the Executive to the Lok Sabha for the authority to spend the amount asked for. Thus, they are related to the expenditure part of the Budget. The demands have to be made in the form of motions. Members may disapprove a policy pursued by the Ministry or suggest measures for economy in the administration or focus attention of the Ministry to specific local grievances. Members can do so by moving subsidiary motions, called Cut Motions.
Cut Motion
A cut Motion is a veto power given to the members of the Lok Sabha to oppose the demand of Financial Bill discussed by the Government. This can be effective tool to check the strength of the Government. If a cut motion is adopted by the House and the Government doesn’t have the write numbers, it is obliged to resign.
A motion may be moved to reduce the amount of a demand in any of the following ways:-
(a) ‘that the amount of the demand be reduced to Re.1/-’ representing disapproval of the policy underlying the demand. Such a motion shall be known as ‘Disapproval of Policy Cut’.
a. A member giving notice of such a motion shall indicate in precise terms the particulars of the policy which he proposes to discuss.
b. The discussion shall be confined to the specific point or points mentioned in the notice and it shall be open to members to advocate an alternative policy;
(b) ‘that the amount of the demand be reduced by a specified amount’ representing the economy that can be effected.
a. Such specified amount may be either a lump sum reduction in the demand or omission or reduction of an item in the demand. T
b. The motion shall be known as ‘Economy Cut’.
c. The notice shall indicate briefly and precisely the particular matter on which discussion is sought to be raised and speeches shall be confined to the discussion as to how economy can be effected;
(c) ‘that the amount of the demand be reduced by Rs.100/-’ in order to ventilate a specific grievance which is within the sphere of the responsibility of the Government of India.
a. Such a motion shall be known as ‘Token Cut’ and
b. The discussion thereon shall be confined to the particular grievance specified in the motion.
Admissibility of cut motions
In order that notice of motion for reduction of the amount of demand may be admissible, it shall satisfy the following conditions, namely:-
1. it shall relate to one demand only;
2. it shall be clearly expressed and shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements;
3. it shall be confined to one specific matter which shall be stated in precise terms;
4. it shall not reflect on the character or conduct of any person whose conduct can only be challenged on a substantive motion;
5. it shall not make suggestions for the amendment or repeal of existing laws;
6. it shall not refer to a matter which is not primarily the concern of the Government of India;
7. it shall not relate to expenditure charged on the Consolidated Fund of India;
8. it shall not relate to a matter which is under adjudication by a court of law having jurisdiction in any part of India;
9. it shall not raise a question of privilege.
10. It shall not revive discussion on a matter which has been discussed in the same session and on which a decision has been taken;
11. it shall not anticipate a matter which has been previously appointed for consideration in the same session;
12. it shall not ordinarily seek to raise a discussion on a matter pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial functions or any commission or court of enquiry appointed to enquire into, or investigate any matter:
13. The Speaker may in his discretion allow such matter being raised in the House as is concerned with the procedure or stage of enquiry, if he is satisfied that it is not likely to prejudice the consideration of such matter by the statutory tribunal, statutory authority, commission or court of enquiry; and
14. It shall not relate to a trivial matter.
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