2.1 WN On Parli. Procedure, 2022 TB

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WN ON PARLIAMENTARY PROCEDURE(1)2022 TB

GENERAL STUDIES - PARLIAMENTARY PROCEDURES


PARLIAMENT

The Constitution of India derives its authority from the people of India. Parliament, representing the
people is supreme in the administration of the Country. The Council of Ministers is collectively responsible to the
Lower House of the Parliament for its acts of omission and commission. Parliament can force an Executive to resign
by expressing no-confidence or by rejecting any of the policies of the Executive.

Parliament’s control over the executive can broadly be described under the following two heads:-
1. Control over general policy;
2. Control over public finance.
The Parliament is the supreme Legislature of the Union, consisting of two Houses of Parliament and the President
of India.

SITTING
A sitting of the House is duly constituted when it is presided over by the Speaker/Chairman or any other
member competent to preside over a sitting of the House under the Constitution or the Rules of Procedure and
Conduct of Business of Lok Sabha/ Rajya Sabha and has quorum.

Timings : Monday to Friday


Rajya Sabha : 11 to 5 (Lunch: 1 to 2.30)
Lok Sabha : 11 to 6 (Lunch: 1 to 2 PM)
QUORUM
Quorum means the minimum number of members required to be present at a sitting of the House for valid
transaction of its business. The quorum to constitute a meeting of either House of Parliament is one tenth of the
total number of members of the House. This includes the Speaker/Chairman or the Presiding Officer for the time
being.

ADJOURNMENT (of sittings – Buesiness does not lapse)


It means postponement of a sitting of the House to an hour or part of the same day or to a particular day
or sine die, i.e. without any definite date being fixed for the next sitting. After the House is adjourned sine die, a
sitting of the House can be called by the Speaker. On adjournment of the House sine die, the business pending
before the House does not lapse.

SESSION
Session means a series of sittings of the House from the time of summoning to the time of prorogation by
the President. The President shall from time to time summon each House of Parliament to meet at such time and
place as he thinks fit.
At the commencement of the first session after each general elections to the House of People and at the
commencement of first session each year, the President shall address both Houses of Parliament assembled
together and inform Parliament of the causes of its summons.
The President is constitutionally bound to summon Parliament without allowing a gap of six months
between two sessions. Therefore there are three sessions in a year.

PROROGATION (of session by President – Business lapses except…)


Prorogation means the termination of a session of the House: On prorogation of the House, all business
pending before the House, except what is saved by Article 107(3) of the Constitution and Rule 284(Business
pending before a Committee) and 336(A Motion, Resolution or an Amendment moved and is pending in the House)
of the Rules of Procedure and Conduct of Business in Lok Sabha, lapses. After the House is prorogued, no sitting
of the House can be called unless the President summons the House afresh under Art.85(1) of the Constitution
which really means a new session.
The House is adjourned by the Speaker whereas it is prorogued by the President. The President has power
to promulgate Ordinances when the House is prorogued but not when the House is adjourned.

DISSOLUTION (by order of President or at the end of 5-years)


Dissolution means the end of the life of the House i.e. Lok Sabha either by an order made by the President
under Article 85(2)(b) of the Constitution or on the expiry of the period of five years from the date appointed for
its first meeting. It is followed by the election of a new House.
Effect of ‘dissolution’ on the bills:
a) A bill pending in the Lok Sabha lapses;

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b) A bill passed by the Lok Sabha but pending in Rajya Sabha also lapses;
c) A bill pending in the Rajya Sabha but yet to go to Lok Sabha does not lapse.

BULLETIN
It is the Bulletin (publication) of the House concerned containing a brief record of the proceedings of the
House at each of its sitting, information relating to the business of the House and those relating to Parliamentary
Committees.
LIST OF BUSINESS
A List of Business for the day shall be prepared by the Secretary-General and a copy thereof shall be made
available for the use of every member. No business, not inlucded in the list of business for the day shall, normally,
be transacted at any sitting without the permission of the Speaker.
CLOSURE
The right to move a 'closure motion' is a valuable weapon in the hands of a member to cut short the
debate on any question. In order to bring a debate to a close, a member may rise and move "That the question be
now put". The acceptance of closure rests with the discretion of the Chair. Before he accepts it, he considers
whether the question before the House has received adequate debate or not, whether or not the views of the
Opposition have been adequately expressed before the House.
GUILLOTINE
It is a different form of closure. It means the putting by the Speaker of outstanding question or questions
relating to the business in hand on the expiry of the time allotted for its discussion. The Chair puts the question,
no further discussion thereon being allowed. Unlike closure, the guillotine to be applied is not preceded by any
motion. Under the rules of the House, guillotine, technically speaking, applies only to the budget demands,
Appropriation Bill and Finance Bill.
TABLE OF THE HOUSE
The Table is just in front of the desk of the Secretary General below the Speaker's Chair. Papers which are
required to be laid on the Table of the House are placed on this Table. During sittings of the House, the Roll of
Members is always kept on this Table.
LAYING OF PAPERS ON THE TABLE OF THE HOUSE
When it is proposed to lay any paper on the Table of either House, otherwise than as a part of reply to a
question, a copy of the paper, authenticated by the Minister concerned, preferably on the front page of the paper,
in the manner described below, together with the prescribed number of copies should be sent to the Secretariat of
the House concerned, at least two clear days before the date on which it is proposed to be laid on the Table -
"Paper to be laid on the Table of Lok Sabha/Rajya Sabha"
Dated: Signature
New Delhi. Minister of__________
The Secretariat of the House concerned should also be informed of the fact whether copies of the paper
are kept ready for supply to the Members and if so, the number of such copies. The name, designation and
telephone number of the Officer from whom these copies can be had should also be indicated. Such reports can be
released to the press only after they are placed on the Table.
LEADER OF THE HOUSE
It means the Prime Minister, if he is a member of the House, or a Minister who is a Member of the House
and is nominated by the Prime Minister to function as the Leader of the House.
PRECINCTS OF THE HOUSE
It includes the Chamber, the Lobbies, the Galleries and such other places as the Speaker may from time to
time specify.
PANEL OF CHAIRPERSONS
At the commencement of the House or from time to time, the Speaker shall nominate from amongst the
members a panel of not more than ten Chairpersons, anyone of whom may preside over the House in the absence
of the Speaker and the Deputy Speaker when so requested by the Speaker or, in his absence by the Deputy
Speaker. Such a Chairperson shall hold office until a new panel of Chairpersons is nominated. Deputy Speaker or
any of the Chairpersons, while presiding over the sitting of the House, shall have the same powers as the Speaker
would have.
PARLIAMENT QUESTIONS
This is one of the means of control by Legislature over Executive. The first hour of every sitting shall be
available for the asking and answering of Parliament Questions. There are three kinds of Parliament Questions viz.
Starred Questions, Unstarred Questions and Short Notice Questions.
Starred Questions
These are answered orally on the floor of the House and with reference to the answer given, members are
entitled to ask supplementary questions. These will be intelligently anticipated while preparing `Note for
Supplementaries' for the use of the Minister.

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Unstarred Questions
These call for written answers which are placed on the Table of the House and no supplementaries are
asked in respect of such answers.
Short Notice Questions
These may be put only in regard to matters of public importance of an urgent nature through a NOTICE
SHORTER THAN 10 CLEAR DAYS and answered orally as starred questions. It is within the discretion of the
Minister either to accept or not to accept a short notice question. If the Minister is unable to answer, but the
Question is of sufficient public importance, the Speaker may direct that the question be placed as the first
question on the list of questions for the day on which it would be due for oral answers.

Conditions for admissibility of Parliament questions


Under mentioned conditions have to be satisfied for the admission of a question:-
JURISDICTION
i. It shall not relate to a matter which is not primarily the concern of the Government of India;
ii. It shall not raise matters ON bodies or persons not primarily responsible to the Government of India;
iii. It shall not relate to a matter with which the Minister is not officially concerned.
SIZE
iv. It shall not ordinarily exceed 150 words;
v. It shall not raise questions of policy too large to be dealt with within the limits of an answer to a question;
vi. It shall not ask for information on trivial matters;
OTHERWISE ACCESSIBLE
vii. It shall not repeat in substance questions already answered or to which an answer has been refused;
viii. It shall not ordinarily ask for information on matters of past history;
ix. It shall not ask for information set forth in accessible documents or in ordinary works of reference;
RESPONSIBILITY FOR CONTENTS
x. It shall not bring in any name or statement not strictly necessary to make the question intelligible;
xi. If it contains a statement the member shall make himself responsible for the accuracy of the statement;
DECENCY OF PRESENTATION
xii. It shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory
statements;
xiii. It shall not ask for an expression of opinion or the solution of an abstract legal question or of a hypothetical
proposition;
xiv. It shall not ordinarily ask as to the character or conduct of any person except in his official or public capacity;
CONFIDENTIALITY
xv. It shall not ask for information on a matter which is under adjudication by a Court of Law having jurisdiction
in any part of India;
xvi. It shall not ask for information regarding Cabinet discussions or advice given to the President in relation to
any matter in respect of which there is a Constitutional, statutory or conventional obligation not to disclose
information;
xvii. It shall not ordinarily ask for information on matters which are under consideration of a Parliamentary
Committee;
xviii. It shall not ask about proceedings in a Committee which have not been placed before the House by a report
from the Committee;
xix. It shall not ordinarily ask about matters 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 but may refer to matters concerned with procedure or subject or
stage of enquiry, if it is not likely to prejudice the consideration of the matter by the tribunal or Commission
or Court of Enquiry.
PERSONAL RELATIONS
xx. It shall not make or imply a charge of a personal character;
xxi. It shall not reflect on the character or conduct of any person whose conduct can only be challenged on a
substantive motion;
FOREIGN RELATIONS
xxii. It shall not refer discourteously to a friendly foreign country;

Basic rules
1. A minimum of 15 clear days written notice should be given to the Secretary General of the House with official
designation of the Minister;
2. The question should be correctly addressed to the Minister with the help of demarkation of responsibilities.
3. To get an oral answer, an ( * ) mark should be put.

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4. The principle of one Starred question from one Member a day will be adopted.
5. A maximum of 20 Starred question will be admitted in a day.
6. Separate questions should be submitted for Starred and Unstarred category.
7. If in the opinion of the Speaker, any Question by a Member for ORAL ANSWER is of such a nature that a
written reply would be more appropriate, the Speaker may direct that such question be placed on the list for
written answers.
8. If a member gives notice for both Starred and Unstarred Questions, one starred and four unstarred questions
will be listed for a day. If a member gives notice for many unstarred questions, a total of 5 unstarred questions
will be listed for a day.
9. A total of 230 unstarred questions could be listed for one day. (There could be an addn. of 25 question
pertaining to State/States under Presidents’ Rule)
10. The questions should be self contained and complete.
11. If the question pertains to any newspaper report or any earlier questions, the supporting material should also
be enclosed.
12. An ‘answer’ to a question in the House shall not refer to the answer to a question or proceedings in the Council
during a current session.
13. A supplementary question consequent to Oral answer to a question may be held ‘out of order’ if in the opinion
of the Speaker:
i. It does not arise from the main question or its answer;
ii. Instead of seeking information, it gives information;
iii. It involves more than one separate issues;
iv. It seeks confirmation or denial of an opinion; and
v. It infringes any of the rules regarding questions.
14. A Question may be addressed to a PRIVATE MEMBER provided the subject matter of the question relates to
some BILL, RESOLUTION or OTHER MATTER connected with the business of the House for which that
particular member is responsible. Procedure is the same.
15. Answer to Parliament Questions will be DEEMED TO HAVE BEEN LAID ON THE TABLE, at the end of the
Question Hour, if –
a) If a question is without asterisk mark or if a question placed on the list of questions for oral answer on any
day is not called for answer within the time available for answering questions on that day;
b) If there is no Question Hour owing to cancellation of a sitting or its adjournment without transacting any
business for Question Hour is dispensed with for any reason;
c) If the Question Hour is interrupted after having taken up the list of questions for oral answer and the list is
partly disposed of, but the sitting continues.
16. If the ‘last sitting of a Session’ is cancelled, the Questions in the lists of Questions for oral as well as written
answer for that day SHALL LAPSE.
When the question is called, the Member should ask the question. If not asked despite his presence OR
the Member is absent when the question is called, the Speaker may, at his discretion, direct that the answer be
given.

Preparation of replies to P/Qs by Departments

When a copy of the provisionally admitted question is received in the concerned office, it is attended to,
giving top priority. In case of mis-sent questions, immediate steps are taken to see that it is transmitted to the
concerned. A draft reply is prepared on the basis of available information and submitted along with a note for
supplementaries, in case of Starred questions and Short Notice Questions. Any information/data required for
providing answer is called for from the field units or subordinate offices by the quickest possible means. The draft
is modified, if there is need for doing so, after the receipt of finally admitted question.
The points of the Question are reproduced on the left hand side and the replies are provided against each
point on the right hand side. In the case of Starred Question, position of the Question in the printed list is given
on the top right hand corner.
The answers are always to the point and complete. Unless intended, no evasive answers are provided. If
the reply involves elaborate information (which would last for 15 seconds or more), a statement will be attached
with all information and the reply to the ( * ) question it will be mentioned 'Statement being placed'
If the Question is in Hindi language, the reply will also be in Hindi. English translation is also provided.
If the reply to a Question call for sensitive information being disclosed, it may be stated 'that it may not
be in public interest to answer the question'. Before sending this kind of reply, the approval of the Minister in
charge has to be taken.

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PROCEDURE FOR CORRECTING AN ERROR IN A REPLY TO A PARLIAMENT QUESTION

Should a need arise for a Minister to correct inaccuracies in the information provided earlier in reply to a
starred or short notice question, he should give to the Secretary-General of the Lok Sabha notice of his
intention to make a statement proposed to be made. The notice should be accompanied by two authenticated
copies of the statement each in Hindi and English alongwith reasons for delay if more than seven days are lapsed.

The Ministry concerned should also provide to the Lok Sabha Secretariat 150 copies of the statement to be
made by the Ministry in both the languages latest by 1500 hours on the previous day. If the House is in session,
the item may be included in the list of business on an appropriate day, and the Minister shall when called upon by
the Speaker, make the statement in the House. After the statement is made, the speaker may permit members to
put supplementary questions strictly on the subject of corrections made by the Minister. When the House is not in
session, the Minister may either be called upon to make a statement during the next session or the statement may
be included in the official bulletin of the Debates reproducing the original reply and the modified one in the form of
Statement, with appropriate foot-note.

In the case of inaccuracy in the information given in reply to an Unstarred Question, he should give to the
Secretary-General of the House, notice of his intention to correct the reply given to the Question. When the House
is in session, the item may be included in the List of Questions for written Answer on the appropriate date in the
following manner: “The Minister of………..to lay a statement correcting the reply given on the……………..to
unstarred question No……by Shri…………regarding………….”

The statement of the Minister shall be included in the official report of the proceedings of the House for
the day at the end of the answers to all the unstarred questions. When the House is not in session the procedure
laid down for starred questions shall apply.

Zero Hour
Normally, the first hour of the House i.e., 11.00 A.M to !2.00 Noon is called Question Hour. The business
of the House starts after the question hour. The business may include statement of the members, papers to be
laid on the table of the House or other legislative business. The slot immediately after the question hour and
before the start of the business is called Zero Hour. It is called "Zero" because there is no such recognised
allotment of time and this is the encroachment on the business time of the House. During Zero Hour, members
are free to ask or to raise any issue whether listed or unlisted without any restriction. It is not mentioned in the
Rules of Business of Parliament.

'HALF-AN-HOUR' DISCUSSIONS (RULE 55)


The Speaker may allot Half-an-hour on 3 sittings in a week for raising discussion on a matter of sufficient
public importance which has been the subject of a recent question, Oral or Written, and the answer to which
needs further elucidation on a matter of fact. A member wishing to raise such a matter has to give notice in
writing to the Secretary-General of the House concerned three days in advance of the day on which the matter is
desired to be raised specifying the point or points that he wishes to raise accompanied by an explanatory note,
stating the reasons for raising discussion on the matter in question.
Only one Half an Hour discussion is allowed in one sitting. Only one discussion in the name of one member
in a week. No member can raise more than two discussions in one session.
The Speaker/Chairman may waive the requirements concerning the period of Notice with the consent of
the Minister concerned. It is not admitted if it is intended to revise the policy. There is no motion nor any voting.
The member makes a statement and the Minister gives reply. After ‘the member’ makes the statement, not more
than FOUR members who have intimated in advance i.e. before commencement of the sitting, can put questions
for further clarification (before the reply of the Minister).

SHORT DURATION DISCUSSIONS(RULE 193)


This is one more device available to a Private Member to bring to the notice of the House matters of
URGENT PUBLIC IMPORTANCE to raise a discussion for short duration. A Member of Parliament desirous of raising
a DISCUSSION ON A MATTER OF URGENT PUBLIC IMPORTANCE may give Notice in writing, to the Secretary
General of the House concerned specifying the matter to be raised, together with an explanatory note stating the
reasons and urgency. The Notice should be supported by atleast two members.
A Notice of Short Duration Discussion, to be admissible, should raise a matter which is primarily the
concern of the Union Government and should not be based on unsustained allegations and should not be
hypothetical and it should involve an element of urgency. Only one matter can be raised in a Notice.

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The Speaker, after due consideration of the matter and the urgency, may admit the notice and fix the date
for discussion. Not more than TWO HOURS are allowed at or before the end of the sitting. The Speaker may
allow two sittings in a week for Short Duration Discussion. BAC fixes the date. In Rajya Sabha, the Chairman in
consultation with the leader of the House fixes the date.
On the date fixed, when the member is called by Speaker, he makes a brief Statement and the Minister
briefly replies. There is no formal motion or voting on the matter. Thereafter, members who gave prior intimation,
take part in discussion. The Member who gave notice for the discussion has NO RIGHT TO REPLY. The Minister
makes a brief statement by way of clarification.

'SUO MOTO STATEMENT' (RULE 372)


A Minister may make a Suo Moto Statement under Rule 372, on a matter of public importance, with the
consent of the Speaker. It could be on a Railway accident or Major Explosion or an occurrence of serious nature.
This would pre-empt the necessity for Calling Attention or Adjournment Motion. If there are any questions or
Calling Attention or Adjournment Motion on the issue on the subject, the Suo Moto Statement should cover all the
relevant points. No question shall be asked at the time the statement is made.
Atleast two copies should be given to the Lok Sabha Secretariat one day in advance or atleast at 10 AM on
the day on which the Statement is proposed.(Remaining copies should be provided by 10.30 AM) This will be
included in the Agenda on the date as indicated by the Minister and normally as a first item after the question hour
and laying of papers.

'POINT OF ORDER'
Point of Order (Rule 376) relates to the interpretation or enforcement of Rules of Business of the House or
Constitutional provisions and to raise a question which is within the cognisance of the Speaker. Point of Order can
be raised only on the business on hand and only during transition from one business to another. No debate shall
be allowed on a Point or Order, but the Speaker may, if he thinks fit, hear members before giving his decision. A
Point of Order is not a point of privilege. A member shall not raise a point of order –
a. to ask for information; or
b. to explain his position; or
c. when a question on any motion is being put to the House; or
d. which may be hypothetical; or
e. that Division Bells did not ring or were not heard.

RAISING A MATTER OF PUBLIC IMPORTANCE WHICH IS NOT A POINT OF ORDER (377)


Under Rule 377, a Member who wishes to bring to the notice of the House any matter which is not a point
of order shall give notice to the Secretary General in writing stating briefly the point which he wishes to raise in the
House together with reasons for wishing to raise it, and he shall be permitted to do so, only after the Speaker has
given his consent and at such time and date as the Speaker may fix.
The Notice shall satisfy the following conditions: i. it shall not refer a matter which is not the concern of
the GoI; ii.it shall not exceed 250 words; iii. It shall not contain arguments, inferences, ironical expressions,
imputations or defamatory statements & it shall not refer to proceedings of a parliamentary committee. Notices
received during a week commencing from its first sitting till 10.00 hours on the last day of the week on which the
House sits shall be valid for that week. No member shall raise more than one matter during the week.

MOTIONS
A Motion is a formal proposal brought before the House for eliciting a decision or expressing the opinion of
the house. Every question to be decided by the House must, therefore, be proposed by a member as a motion.
Since decisions in the Parliament are arrived at after full discussion and debate, no discussion on a matter can take
place in the House except on a motion made with the consent of the Speaker or the Chairman, as the case may
be.
Motions are the basis of parliamentary proceedings. Any matter of public importance can be the subject
matter of a motion. The member moving the motion frames it in the form in which he wants it to be adopted by
the House. If another member desires that the motion be adopted in a different form, he can move amendments
or a substitute motion. A debate on a motion passes through four stages, namely –
(i) Moving the motion;
(ii) Proposing the question by the Speaker/Chairman;
(iii) Debate or discussion where permissible; and
(iv) Vote or decision of the House.

Kinds of Motions.
There are three kinds of motions: (1) Substantive, (2)Substitute and (3) Subsidiary.

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1. Substantive Motions: It 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. It neither depends on nor
arises out of another motion. The Motion of Thanks on the President’s Address, Motion for adjournment,
Motion of no-confidence, Motion for election or removal of Speaker or Deputy Chairman of Rajya Sabha, etc.
and all Resolutions are substantive motions.

2. Substitute Motions: Motions moved in substitution of the Original Motion and proposing an alternative to it
are called substitute motions. Before the discussion on original motion commences, a member can move a
substitute motion. Discussion is held on both the original and substitute motions together. If adopted through
voting, the Substitute Motion supersedes the original question.

3. Subsidiary Motions: They depend upon or relate to other motions or follow up on 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 Motion is further divided into three categories, namely, (a) Ancillary Motions (b) Superseding Motions
and (c) Amendments.
(a) Ancillary Motions: They are motions which are recognised by the practice of the House as the regular way
of proceeding with various kinds of business, e.g.,
(i) That the Bill be referred to a Select or Joint Committee,
(ii) That the Bill be taken into consideration. or
(iii) That the Bill be passed.
(b) Superceding 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, e.g.,
1. That the Bill be recommitted to a Select Committee;
2. That the Bill be recommitted to a Joint Committee of the Houses;
3. That the Bill be circulated for eliciting further opinion thereon;
4. That the consideration of the Bill or the debate on the Bill be adjourned sine die or to some future date.
As is evident from the above, most of these motions are dilatory in nature.
Amendments
They seek to modify or substitute only a part of the original motion. Amendment may be made not only to
motions, resolutions, or clauses of Bills but even to a proposed amendment to a Bill, Resolution or Motion.
Notice
Notice of motion, like any other notice, is given to the Secretary-General. It may be given either by a
Minister or a private member. The subject matter of a motion, as in the case of Parliament questions, should not
include, inter alia, ironical expressions, defamatory statements or imputations and should not raise a matter which
is sub-judice.
Procedure
On the allotted day, the Speaker calls the member concerned to move the motion and make a speech.
Thereafter the Speaker places the motion before the House. Amendments and substitute motions, if any, are then
moved by the members who have given prior notice and discussion follows. After the members and the minister
have spoken, the mover may again speak exercising his right of reply. At the conclusion of the discussion, the
amendments/substitute motions, if any, are put to vote of the House and disposed of. Thereafter, the main motion
or the motion as amended, is put to vote of the House. A copy of the motion, as adopted, is sent to the Minister
concerned for appropriate action. In Rajya Sabha also, the procedure is the same.
`CUT MOTION'
This is a Motion moved seeking reduction of the amount of a Demand. Cut Motions are of three kinds - a.
Disapproval of Policy Cut, b. Economy Cut and c. Token Cut.

Disapproval of Policy Cut: "That the amount of the Demand be reduced to Re.1" as representing disapproval
of the policy underlying the Demand. Such a motion shall be known as "Disapproval of Policy Cut". A Member
giving notice of such a motion shall indicate in precise terms the particulars of the policy which he proposes to
discuss. 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.

Economy Cut: "That the amount of the Demand be reduced by a specified amount" representing the economy
that can be effected. Such specified amount may be either a lump sum reduction in the demand or omission or
reduction of an item in the demand. Such a motion is known as "Economy Cut". 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.

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"Token Cut": "That the amount of the demand be reduced by Rs.100" in order to ventilate a specific grievance,
which is within the sphere of responsibility of the Government of India. Such a motion is known as "Token Cut"
and the discussion thereon shall be confined to the particular grievance specified in the motion.
The period of notice for a 'Cut Motion' is one day before the day on which the demand to which it relates is
due for consideration, but the Speaker of Lok Sabha is empowered to waive an objection on the score of
insufficient notice.
CALLING ATTENTION MOTIONS (RULE 197)
With the prior permission of the Speaker/Chairman, any member may call the attention of a Minister to any
matter of urgent public importance. The Minister may make a brief Statement immediately or ask for time to
make a statement later during the day or on any other day. No debate is allowed. But the Speaker may permit
Members to raise a question each. (But not more than 5 members).

Explanation:
1. If a notice is signed by more than one member, it shall be treated as given by the first signatory.
2. Those given upto 10 A.M. are taken for that day and the later ones are taken for the next day.
3. Not more than two matters will be taken in a sitting.(Again, not by the same MP or group)
4. Notices not taken up in the sitting lapses by the end of the sitting unless decided otherwise by the Speaker.
Priority will be decided by the Speaker. A member giving notice for the Calling attention motion can give
copies to the Minister or the Secretariat will send the notice to the Minister. The Minister will bring to the notice of
the Speaker all relevant facts to decide its admissibility.
When a notice for calling attention motion is referred to the Ministry, it should be given urgent attention
and relevant facts should be ascertained and sent to the Secretariat of the House by 10 AM the following day, duly
approved by the Minister. Note for Supplementary is a must. The Statement made in the House in response to
Calling Attention Notice should also cover the points raised by members through notices of Questions,
Adjournment Motions and other notices on the same or allied subjects.

'ADJOURNMENT MOTION' (No grinding halt. Only at 4 PM)

This is a Motion for the adjournment of the business of the House for discussing a definite matter of
urgent public importance, made with the consent of the Speaker. Notice to this will be given to the Secretary
General, Speaker and the Minister.
This motion can be moved subject to the undermentioned restrictions:-
1. Only one such motion will be moved in one sitting;
2. Not more than one matter shall be discussed in the same motion;
3. It should concern specific matter of recent occurrence and of urgent public importance;
4. Matter should not be subjudice.
5. The motion shall not raise a question of privilege;
6. The motion shall not revive any discussion, already completed.
7. Atleast fifty members should support the Notice;
8. The motion shall not raise a question which can be raised only on a distinct motion by notice given in writing to
the Secretary-General.
9. After Question Hour, the Speaker asks the member to rise and move the motion. If there is no objection, then
it is taken up for consideration.
The motion shall be taken up at 4 PM or if the Speaker so directs, at any earlier hour at which the business
of the House may conclude. Normally two and a half hours of discussion is allowed.
Intimations about adjournment motions should be treated as 'Immediate' and notes should be prepared
thereon for use of the Minister. This should indicate the date for discussion of the motion. A concise statement of
all the facts should be enclosed. A descriptive list of documents, extracts of files put up, each of which should be
clearly flagged. These should cover all material likely to be useful in debate or required for reference.

NO CONFIDENCE MOTION – (Only in Lok Sabha)

The Council of Ministers remains in office as long as it enjoys the confidence of the Lok Sabha [Art.75(3).
The moment it expresses a lack of confidence in the Council, the government is constitutionally bound to resign,
whether or not the Prime Minister recommends a dissolution of the House. In order to ascertain this confidence,
the rules provide for moving a motion to this effect which is called a No-Confidence Motion.
There is no express provision ion the Constitution regarding the individual responsibility of a minister to
Parliament for anything done or not done in his department. This responsibility is collective. Therefore, only a

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motion expressing want of confidence in the Council of Ministers as a whole is admitted and the one expressing
lack of confidence in an individual minister is out of order.
A No-confidence motion need not set out grounds on which it is based, unlike a censure motion. A notice
of motion of no-confidence has to be given before the commencement of the sitting on the day it is proposed to be
raised. No conditions of admissibility have been laid down in the Rules; the Speaker has the power to decide
whether a motion is in order or not.
If the Speaker is of the opinion that the motion is in order, he calls upon the member, after the Question
Hour is over, to ask for the leave of the House or the Speaker himself reads the motion to the House and request
those members who are in favour of leave being granted to rise in their places and if not less than 50 members
rise in their seats, the Speaker declares that the leave is granted. Otherwise, it is taken that the member does not
have the leave of the House. A motion of No-confidence, once admitted, has to be taken up within ten days of the
leave being granted. The Speaker, after ascertaining the views of the government, decides the date for the
discussion. If the government so desires, the discussion can even be taken up forthwith. The time for the
discussion is usually fixed on the recommendation of the Business Advisory Committee. After the members have
spoken, usually the Prime Minister himself replies to the charges levelled against the government. The mover of
the Motion has a right of reply. When the debate is concluded, the Speaker puts the question forthwith and
ascertains the decision of the House by a voice vote, or a division, if demanded.
Withdrawal of the notice of No-confidence motion by the member may be made when he is called upon by
the Speaker to ask for leave of the House. In case, however, the members wants to withdraw his motion after the
leave of the House has been granted, he may do so only with the permission of the House. Notice of No-
confidence motion can also be withdrawn by members concerned by sending letters of withdrawal signed by all the
signatories to the notice before the item is taken up in the House. In that case the item is not mentioned or
brought before the House.
Rajya Sabha is not empowered to entertain a motion of No-confidence because the government is
collectively responsible under the Constitution only to the Lok Sabha.

NO-DAY-YET-NAMED MOTION
If notice of a Motion has been given and the same has been admitted by the Speaker but no date is fixed
for discussion, it is notified in the Bulletin as No-Day-Yet-Named Motion. On all such admitted motions, the
Department of Parliamentary Affairs will advise the Ministry and Secretariat of the House concerned whether time
can be made available for discussion on them. In the case of motion for which time can be made available,
Ministries should normally agree to a discussion unless there are serious objections to a discussion being held.
After time is allotted, it will be included in the Agenda for the day.

CENSURE MOTION A censure motion is distinct from a No-confidence motion. Whereas a motion of no-
confidence need not specify any grounds on which it is based, a censure motion must set out the grounds or
charges on which it is based and is moved for 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 or a group of
ministers 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 or ministers. The motion should be specific and self-explanatory so as to
record the reasons for the censure, precisely and briefly. The Speaker’s decision whether the motion is in order or
not for any reason is final.
No leave of the House is required to move a censure motion. It is in the discretion of the government to
find time and to fix a date for its discussion. There is no specific provision in the Rules for the moving of a censure
motion; such a motion is governed by the rules applicable to motions in general, and can be admitted as a No-day-
yet named Motion.

RESOLUTIONS
A Resolution is also one of the procedural means available to the members and the Ministers to raise a
discussi9on in the House on a matter of general public interest. A resolution is in fact a Substantive Motion.
Unlike motions in general, forms of resolutions have been provided by the Rules of Procedure concerning both the
Houses. Accordingly, a resolution to be moved in the Lok Sabha may be in the form of a declaration of opinion or
a recommendation; or may be in the form so as to record either approval or disapproval by the House of 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 resolution may be in the form of declaration of opinion by the House or
in such other form as the Chairman considers appropriate.

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Difference between a Motion and a Resolution: Motions and resolutions have many things in common. The
difference is more of procedure than of content. Quite often, both, motions and resolutions on the same subject
are admitted with some slight change of form. All resolutions come in the category of substantive motions, that is
to say, every resolution is a particular type of motion. 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.
While there is provision to move a substitute motion to a main Motion, there is not such substitution possible in the
case of a Resolution.

Types: Resolutions may be classified as Private Member Resolutions, Government Resolutions and Statutory
Resolutions.

Private Member Resolutions: Resolutions which are moved by Private Members are called PM Resolutions.
They enable the government to gauge the feelings of the House with regard to proposals which are still indefinite
or may be ahead of public opinion.
The last two and-a-half hours of a sitting on every alternative Friday are allotted for the discussion on PM
Resolutions. A member who wants to move a resolution has to give notice to the Secretary-General informing him
of intention to move the same. The names of three members in Lok Sabha and five in Rajya Sabha from among
those who have expressed their desire to move a Resolution are decided by ballot, to allow them to give notice of
one resolution each. These resolutions, if admitted, are put down in the PM List of Business. When called upon by
the Chair, the member concerned moves the resolution and makes a speech thereon. Other members and the
Minister concerned also speak thereafter. Any member, after the resolution has been moved, may, subject to the
rules, move an amendment to the resolution. Allocation of time for discussion of PM Resolutions is done by the
Committee on PM Bills and Resolutions. Generally, two hours are allotted for discussion on these resolutions. The
mover of the Resolution has got a right of reply after the Minister’s speech.

Government Resolutions: Resolutions moved by the Ministers are known as Government Resolutions.
Ministers also are required to give prior notice to the Secretary-General of their intention to move a resolution.
Though no period has been prescribed for this, in actual practice, ministers give such notices several days in
advance. These notices are also subject to the same rules of admissibility as the private members resolutions.
After a government resolution has been admitted, time for discussion is allotted by the House on the
recommendation of the Business Advisory Committee. The rest of the procedure to dispose them of is the same as
in the case of private members resolutions.
Resolutions tabled by Ministers are generally for seeking the approval of the House to international
treaties, conventions or agreements to which the government is a party; or for declaring or approving certain
policies – national and international – of the government; or for taking the approval to the recommendations of
certain committees.

Statutory Resolutions: These resolutions may be moved either by a Minister or by a Private Member. They are
so called because they are always tabled in pursuance of a provision in the Constitution or an Act of Parliament.
Certsain enactments, however, expressly require the government to bring forward a resolution within a specified
period of time. There is no specific period of notice for moving a statutory resolutions, unless the period itself is
prescribed in the particular article of the Constitution or in the section of the statute under which it is tabled. Such
resolutions, after it has been admitted, is discussed for which time as allotted by the House on the
recommendation of the Business Advisory Committee from the time allocated for the government business.
A copy of every resolution whether private member’s government or statutory is forwarded to the minister
concerned by the Secretary-General, after it has been passed by the House.

Effect of Motions or Resolutions adopted by the House: By voting on a motion or a resolution, the House
declares its opinion with regard to the subject matter thereof and it becomes an order of the House. As far as
their effect is concerned, resolutions passed by the Parliament fall in the following categories;
(i) Resolutions expressing merely an opinion of the House are not binding on the government. As a matter
of practice, it rests entirely on the discretion of the government whether or not to give effect to the
opinion expressed in these resolutions.
(ii) Resolutions adopted by the House in matters concerning its own proceedings are binding and have the
force of law. Their validity cannot be challenged in courts.
(iii) Resolutions having a statutory effect, it adopted, are beinding on government and have the force of law.
The Constitution provides for this kind of resolutions to be moved for purposes like impeachment of the
President, removal of the Vice-President, Speaker, Deputy Speaker and the Deputy Chairman of the
Rajya Sabha; disapproval of an Ordinance promulgated by the President, empowering the Parliament to
legislate on a subject in the State List in national interest; creation of

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(iv) All India Services; and approval of proclamation of Emergency.
Since the purpose of resolutions is merely to obtain an opinion of the House, there might arise a situation where
the Opposition may succeed in getting a resolution passed by the House much against the wishes of the treasury
benches. There is no hard and fast rule as to the question of resignation by a government. The only broad
principle is that a government is expected to resign office or advice dissolution of the House, if it is defeated on a
subject considered to be a major issue or on a specific motion of no-confidence brought forward by the Opposition
and adopted by the House.

PARLIAMENTARY ASSURANCE

Assurance is an undertaking given by a Minister involving further action during course of a reply given to a
question or a discussion. On the assurances, further action should be reported. Following are a few expressions
which would constitute an assurance:

1. The matter is under consideration;


2. I shall look into it;
3. I will suggest to State Government;
4. We shall find it out;
5. I shall inform the members;
6. Necessary action will be taken;
7. I am reviewing the position.
All directions given by the Speaker/Deputy Speaker/Presiding Officer will be complied with as Assurances.
Normal time limit for compliance of assurance is three months, unless extended by Minister for Parliamentary
Affairs, on suggestion from the Minister in Charge of the Department.

Follow-up action: When an assurance is given by a Minister, the Ministry of Parliamentary Affairs will extract the
assurance and send it to the concerned unit. If the Department has any objection to accept the assurance on the
ground of public interest, the fact should be informed to Ministry of Parliamentary Affairs. The Parliamentary unit of
the Ministry will maintain a register of such assurances which have been accepted and coordinate the compliance.

Role of Section Officer: Each Section is to maintain a Register of Assurances and ensure quick compliance. The
register will be maintained for Lok Sabha and Rajya Sabha separately and session-wise. The progress of
compliance will be reviewed by the Section Officer every week. The Branch Officer will check the register every
fortnight if the House is in session and once in a month if the House is not in session. The S.O. should take
advance action for extension of time beyond three months. Minister in charge should approve the extension. The
Branch officer will keep the higher officers and the Minister informed about the extent of implementation and the
delay, if any.

The Parliament has a Committee named 'Parliamentary Committee on Government assurances', the
members of which are nominated by the Presiding Officers. This Committee will look into the extent of
implementation of the assurances and also report to Parliament the progress as well as, the Slackness of the
Departments in implementing the assurances. The assurances once given have to be complied with even after
dissolution of the House.

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PARLIAMENTARY PROCEDURES
BILL BECOMING AN ACT

All legislative proposals are initiated in the form of Bills. A Bill is the draft of a legislative proposal. Bills
broadly fall into two categories (a) Government Bills and (b) the Private Members Bills

Bills proposed to be introduced during any session should be sent at least one month in advance, to the
Department of Parliamentary Affairs, the nodal Department which draws up a consolidated legislative
programme of a session. Such a tentative Govt. legislative programme is published in Part II of the Bulletin for
information of MPs.

PRIVATE MEMBER BILLS


A bill initiated by a Member of Parliament other than a Minister is called `Private Member Bill'. In order
to give opportunity to the people’s representatives to express their views on various issues of public importance
and persuade the government to formulate programmes and policies, parliamentary rules and procedures
provide for initiation of legislation by private members also.
Discussion on Private Member Bills affords an opportunity to the House to come to grip with a problem
and to discuss it in all its perspectives. It does not matter whether the Bill is finally passed or not. The
discussion helps the government to bring a comprehensive government bill on the subject, if necessary.
Two and a half hours are allotted in the Lok Sabha on every alternative Friday for Private Member Bills.
The other alternative Friday is allotted for Private Member Resolutions. In Rajya Sabha the entire sitting except
the Question hour of a Friday is allotted to Private member business. The stages through which a Government
Bill and Private Member Bill have to cross are the same in the Parliament. There are however, some special
procedural features for PM Bills with regard to period of notice for introduction, restriction on number of bills
which can be introduced by a Member in a Session, Bills seeking amendments to the Constitution, etc.
A Member who wants to introduce a Bill has to give one months’ notice unless the Speaker or the
Chairman allows the introduction in a shorter notice. A copy of the Bill with ‘statement of objects and reasons’
should accompany the Notice. Financial Memorandum giving estimates of expenditure, Memorandum regarding
Delegated Legislation should accompany wherever necessary. As regards a PM Bill seeking amendment to the
Constitution, it shall be introduced only after the same is examined and cleared by the Committee on PM
Bills/Resolutions.
By convention, a motion seeking leave to introduce a PM Bill is not opposed. If opposed, the Presiding
Officer may permit brief statements by the Members opposing the motion. In case the opposition is on
grounds of legislative incompetence of Parliament a full discussion may be allowed. If the motion is adopted,
the Member introduces the Bill. Ordinarily, a member can introduce four Bills in a Session.

OFFICIAL BILLS

The Bill initiated by the Government i.e. the Council of Ministers is called Official Bill. The procedure
envisaged below relates to the preparation, introduction and passage of Official Bills:

As a BILL is the legal expression of a legislative policy, it has to be settled first. At this stage,
administrative, financial and political considerations are more likely than legal considerations. Policy and the
need for such a legislation are decided in the Administrative Ministry.

Role of Ministry of Law: Transaction of Business Rules require that proposals for legislation should be
referred to the Ministry of Law for advice as to the feasibility from legal and constitutional points of view. When
a proposal is referred, the Ministry of Law advises on:-

1. Whether it is necessary or desirable;


2. Whether it is within the competence of Parliament under the Constitution.

The advice tendered by the Ministry of Law, at this stage, is of general nature, giving the broad outlines on
which legislation may be undertaken. After the advice of the Law Ministry, the Minister in charge of the
Administrative Ministry approves the necessity of the legislation and gives specific orders for reference to
Cabinet.

Approval of the Cabinet: [Once the Ministry of Law has recommended and the Minister in charge has
approved,] a self contained summary, setting out the facts of the case and the legislative measures proposed, a

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NOTE FOR THE CABINET is prepared by the Administrative Ministry, in consultation with the Ministry of Law. It
is then, submitted to the Cabinet for its approval. The advice of the MoL or MoF, wherever necessary should
invariably be included in the summary. The CABINET considers and approves the proposal.

Supply of papers to Ministry of Law: When the proposal for legislation is approved by cabinet, all relevant
papers will be sent to the Ministry of Law (Dept. of Legal Affairs) with an Office Memorandum indicating in
precision the lines on which the legislation is intended and requesting the Ministry of Law to draft the Bill.

Preparation of the Draft Bill: On the basis of the Office Memorandum referred to above, and after detailed
consultation with the Administrative Ministry and such other Ministries as are necessary, the Ministry of Law
prepares the Draft Bill. A great deal depends upon the care and skill with which instructions to the draftsman is
provided. It is the responsibility of the Administrative Ministry to render all technical assistance/data to the
Ministry of Law for the preparation of the Draft Bill. Some Bills may be short and would require only weeks.
The Bills of complex nature may take even months.
On receipt of the Draft Bill from the MoL, the Administrative Ministry will satisfy itself that the DRAFT
BILL meets all its requirements. After it is approved, the Administrative Ministry sends it back to the Ministry of
Law, along with Statement of Objects and reasons duly signed by the Minister in charge who will be piloting the
Bill in either of the Houses.
Before sending the DRAFT BILL to the MoL, certain formalities have to be completed by the
Administrative Ministry, such as the following:
A Bill involving expenditure should be accompanied by Financial Memoranda, inviting attention to the
clauses which envisage expenditure, also giving estimated recurring and non-recurring expenditure. The
financial Memoranda should invariably be shown to Department of Expenditure.

A Bill involving proposal for delegation of legislative powers should be accompanied by a


Memorandum explaining the proposals and drawing the attention to the scope, stating whether such provisions
are normal or exceptional nature.

As we have seen, some bills require recommendation of the President. Recommendation of the
President has to be obtained by the Administrative Ministry and communicated under the signature of the
Minister to the Lok Sabha/Rajya Sabha Secretariat., duly endorsing a copy of such Communication to the
Ministry of Law. (Constitution amendment Bills, Money Bills or Financial Bills, etc. require recommendation of
the President for introduction. If it is a BILL to convert an ORDINANCE into an Act, a RESOLUTION is required
in addition to recommendation of the President).

If the legislation relates to matters on which the Rajya Sabha has specific powers, such as in Article 249
(legislation on a State Subject), Art. 312 (creation of an All India Service), it should be ensured that there is the
necessary Resolution of Council of States.

After completion of these formalities, wherever required, the Bill together with its
Memoranda/Annexures is sent to the Ministry of Law. [If a bill contains more than 25 clauses, a title (index)
showing the arrangements of clauses is included at the beginning in order to facilitate references to the clauses
of the Bill. This is prepared by the Ministry of Law] Thereafter, the MOL sends the Bill to the Government press
for printing and the proof obtained scrutinized by the Draftsman. Thereafter, it is forwarded to the Secretariat
of the House concerned.
===
INTRODUCTION OF THE BILL IN PARLIAMENT

Except for Money Bill and the Bills making provision for only the matters mentioned in sub-clauses of
Article 110 of the Constitution the introduction of which is prohibited in Rajya Sabha, all other bills can originate
in either House of Parliament, the choice being a matter of convenience depending upon the legislative
proposals pending in each House. When the question in which House a Bill is to be introduced is settled, in
consultation with the Ministry of Parliamentary Affairs, the Ministry of Law will send the proof copies to the
Secretary of that House and the Administrative Ministry will send a letter duly signed by the Minister that the Bill
is to be introduced in that House and also seeking leave for such introduction. A copy of this letter will be sent
to the Ministry of Law.

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First Reading
On the day allotted, the Minister in Charge of the Bill will move a motion for leave of the House to
introduce the Bill. If leave is granted, the Bill will be introduced. This stage is called the 'first reading'. If the
motion for leave is opposed, the Speaker at his discretion will allow the Minister in charge of the Bill to make an
explanatory statement and also the Member who opposed it and without any further discussion, the Motion is
put to vote. In case the Bill is opposed on the ground of incompetence of Parliament with reference to the
subject, a full fledged discussion will be allowed. After it is voted by the House, the Bill will be introduced and
will be published in Gazette Extra Ordinary. The copies of the Bill will be given not only to the Members of that
House in which it is introduced but also to the Members of other House.

SECOND READING(First Stage): After the copies of the Bill were made available to the members for use, at
least 2 days before the allotted day, the Minister in charge or the Member in charge will move a motion in
respect of the Bill as follows:-
a) that the Bill be taken up for consideration, or
b) that the Bill be referred to Select Committee, or
c) that the Bill be referred to Joint Committee with the concurrence of the other House, or
d) that the Bill be circulated for public opinion.
At this stage, only the policies and principles of the Bill will be discussed. In other words, only the
statement of objects and reasons will be taken up for discussion. Neither any details of the Bill nor any
Amendments are permitted at this stage except the following:-

In case the member in charge of the Bill has suggested that the Bill be taken up for consideration
stright-away, then any other member can move an amendment to the effect that the Bill be referred to (b) (c)
or (d) above.

If referred to the Committee: (Ad-hoc Committee)


The members of the Select Committee are drawn from among the members of the House where the Bill
has originated. In the case of a Joint Committee, members from both Houses are represented the ratio of
members from Lok Sabha and Rajya Sabha in such a case, will be 2:1. The Chairman of the Joint Committee is
appointed by the Presiding Officer of the House in which the Bill was introduced. These are ad-hoc committees
which are appointed to consider particular Bills referred to them. The Committee considers the Bill clause by
clause just as the House does. Amendments can be moved to various clauses by members of the Committee.
The Committee can also take evidence of experts, associations or public bodies who are interested in the
measure. Procedure for consideration of the Bill is the same as it is in the House. The Committee takes upto 3
months time unless otherwise stated. The officials who were engaged in the preparation of the bill invariably
attend the meetings of the Committee. After clauses, schedules, etc. are individually considered and adopted by
the Committee, the Lok Sabha Secretariat prepares a report for presentation to the House(s) which in its turn,
considers the Bill as reported by the Committee.

ELICITING OPINION
If a motion for circulation of the Bill for the purpose of eliciting opinion thereon is adopted, the
Secretariat of the House circulates the Draft to all the State governments and Union territories asking them to
publish the Bill in their Gazettes for inviting opinions of local bodies, associations, inviduals or institutions
concerned with the Bill. The period for eliciting opinion is generally specified in the motion for circulation of the
Bill, but where no date has been specified, the State governments are asked to send opinions within three
months of the adoption of the motion. After the opinions have been received, these are laid on the Table of the
House followed by a motion for reference of the Bill to a Select/Joint Committee. It is not ordinarily permissible
at this stage to move a motion for consideration of the Bill. The Bill again passes through Committee stage and
the Bill as reported, is presented to the House.

SECOND READING(Second Stage): This stage involves detailed examination of the Bill by the House.
When the Bill and the report of the Select Committee are placed before the House, the Minister may move a
Motion that the Bill as reported be taken up for consideration. If the motion is adopted, Clause by Clause
discussion will take place. Each Clause is placed before the House separately for discussion. Amendments could
be proposed to each clause and when such amendments are voted and accepted, they become part of the Bill.
During the discussion of the bill in the House, the officials who were involved in the drafting should invariably
be present in the official gallery for any assistance. This stage is lengthy and laborious. After clause by clause
consideration, schedules will be taken up and after Schedule, the table of contents and finally the Title of the
Bill.

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THIRD READING: At this stage, the discussion is confined only to the arguments in favour of the Bill or
against the Bill, without any details. Thereafter, the Minister moves a motion ‘that the Bill be passed’. As soon
as the Bill is put to vote, its passage will be decided by majority. For all money and non-money bills simple
majority will do. For the bills relating to the amendments of the Constitution, special majority namely, absolute
majority plus the majority of 2/3 members sitting and voting is essential. When the bill is passed by one House
it is transmitted to the other House. The other House also follows the same procedure of first, second and third
readings.
As far as non-money bill is concerned, both the Houses are placed at the same footing. The bill can be
introduced in either House and it has to be passed by both the Houses of Parliament. In the case of Money
Bills, it can be introduced only in Lok Sabha. Rajya Sabha can only delay it for 14 days. It can return the bill
with or without amendment. If the Lok Sabha accepts the amendment, it will be treated as passed with
amendment. If Lok Sabha does not agree to the amendments even then the bill is deemed to have been
passed.

In the case of non-money bill, both the Houses should pass the bill. In case the other House (a) rejects
it altogether giving rise to a deadlock between the two Houses or (b) it passes the Bill with certain amendments
and returns to the Originating House but the same is not agreed to by it, resulting in a deadlock or (c) the
Second House takes no action at all on the Bill for 6 months, causing a deadlock, then Article 108 will come into
effect, to deal with the extra-ordinary situation through a Joint Session.

JOINT SESSION OF THE HOUSES


Article 108 envisages Joint Session i.e. when the Bill passed by one House and sent to the other House
is rejected by the other House or the House disagrees on the amendment to be made in the Bill or the other
house does not pass the bill and more than 6 months has lapsed, then the President may summon a joint
session of both the Houses to settle the dispute. President cannot summon a joint sitting if the bill lapses due
to dissolution of Lok Sabha. If the dissolution takes place after President has notified the joint
sitting, such sitting will be held not withstanding the dissolution. He will notify the House through a
message of his intention for joint session to deliberate on the disputed bill and voting on it. If the House is not
in session, it will be notified through a public notification. Once a Notification has been issued, neither House
should proceed with the Bill. Speaker will preside over the Joint Sitting and the fate of the Bill will be decided
on majority. Once a bill is passed in joint sitting, it is deemed to have been passed by both the Houses. At the
joint sitting, no amendment can be proposed except those which are found necessary due to delay in passage
of the bill.

Scrutiny of the Bill, after passage by the Parliament: When a Bill is passed by both the Houses of
Parliament, the Secretariat of the House which is in possession of the Bill may send a copy to the Ministry of
Law for scrutiny. The Ministry of Law will identify the mistakes if any relating to modifications, printing,
spelling, numbering of sections/clauses, headings in the margins, incorporation of amendments, etc., and
return the Bill to the Secretariat of the House under advice to the Administrative Ministry.

PRESIDENT'S ASSENT
The Bill is returned by the Secretariat with the superscription "As passed by the Houses of Parliament".
If it is a Money Bill, the Speaker will certify that it is a Money Bill, so that the President is forbidden to return
the Bill for reconsideration.
The President has three options in respect of non money bills and bills other than Constitution
Amendment Bills:
i) He can give his assent;
ii) He can declare withholding of assent;
iii) He can send the Bill for reconsideration. In the event of 3rd choice, if the Bill is reconsidered and
passed again, he has to give his assent.

In the case of Money Bill, he has two options either he can give his assent or withhold his assent. He
cannot return it for re-consideration. In the case of Constitutional amendment bills, he is constitutionally bound
to give his assent. The question of withholding of assent is a legislative function and has to be exercised only on
the advice of the Council of Ministers under Article 74.
Once President gives his assent, the Bill becomes an act. Acts are published in the Gazette extra-
ordinary on the day on which it is assented to. The date of taking President's assent is intimated to the
Administrative Ministry by the Ministry of Law. One copy of the bill bearing the President's signature is retained
by the Ministry of Law and the other copy sent to the concerned Secretariat.

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Once the Act has been circulated, one copy is sent to the Department of Official language for
simultaneous translation. After that the copies of the Act are circulated among all offices under the Government
of India as well as the State Governments.

WITHDRAWAL OF A BILL
The member in charge of the Bill may move for leave of the House to withdraw the Bill. If such leave is
granted, no further motion is necessary and the Bill is allowed to be withdrawn.
If the bill, which is proposed to be withdrawn stands referred to Select/Joint Committee, the notice for
withdrawal shall also stand referred to the Committee and the motion can be set down in the business only
when the Committee given its report. If the Bill sought to be withdrawn is already passed by Lok Sabha and
pending in Rajya Sabha, then the mover of the Bill will move a motion requesting the Lok Sabha that it may
agree to leave being granted by the Council and when the Lok Sabha concurs, only then the member will move
for permission to withdraw the Bill in the Rajya Sabha.

If the Bill is passed by Rajya Sabha and pending in Lok Sabha, the same procedure mentioned above
will follow. However, to withdraw a Bill which has been passed by Lok Sabha, reasons should be cited in the
notice on the following points:

1. Whether a new Bill to replace the old one is to be brought up.


2. Whether the changes are substantial.
3. Whether the proposal is entirely to be scrapped.

SECRET SESSION

The Speaker can convene the sitting of Lok Sabha in Secret on the request made by the Leader of the
House. During the secret sitting, no stranger is allowed in the Chamber, lobby or galleries. However, the
Members of Rajya Sabha can be present. Nobody is permitted to keep a record of discussion in the proceedings.
When the need for secrecy of the House ceased to exist, a Motion will be moved by the Leader of the House or
any other Member of Parliament authorised in this behalf terminating the secrecy of the proceedings. On
adoption of such a Motion, a report of such proceedings will bee published. Disclosure of the proceedings of
secret session is a gross violation of the privilege of the Parliament. There is no provision for secret session in
Rajya Sabha.

SUBORDINATE LEGISLATION OR DELEGATED LEGISLATION


Laws are to be made by the legislature. Law making is becoming increasingly complicated and
technical. The Legislature has neither enough time to deliberate upon, discuss and approve all the laws nor the
requisite expertise to work them out in procedural and technical details. Though the Parliament normally meets
for six to seven months in a year, a large volume of legislative work remains in arrears. It is therefore, provided
that the Legislature may delegate some of its powers to subordinate agency. Consequently, the Legislature
frames laws in general terms and leaves it to the government(enabling act) to make detailed rules and
regulations within the limitations specified, and to carry out the objects of the legislation and to meet new
situations not foreseen by the Legislature while enacting laws. Such rules and regulations are called
‘subordinate legislation’ or ‘delegated legislation’.

Safeguards
Certain safeguards have been provided. It is laid down that a “Bill involving proposals for the delegated
legislative powers shall further be accompanied by a memorandum explaining such proposals and drawing
attention to their scope and stating also whether they are of normal or exceptional character” It has been
further provided that regulations, rules and bye-laws framed in pursuance of the legislative functions delegated
by the Parliament to a subordinate agency, is laid before the House where amendments may also be moved.
Thus Parliament exercises scrutiny and control by asserting itself at these stages. Besides, all such rules and
regulations are subject to examination by Courts on the plea of ultra vires to the provisions of the Constitution.
Above all, there is ‘Committee on Subordinate Legislation’ in each House of the Parliament consisting of its
members to see and report to either House whether powers delegated by Parliament have been properly
exercised within the statute delegating such powers. It is that Committee which in fact appropriately guards
against the possible assumption of arbitrary powers by the administration. It has all along endeavoured to see
that all rules and regulations so framed are not only laid before the Parliament without delay but the Parliament
has also the statutory right of annulling and modifying them.

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MONEY BILLS & FINANCIAL BILLS


The Constitution provides an elaborate definition of a Money Bill in Article 110. A Bill is deemed to be a
Money Bill if it contains only provisions dealing with all or any of the matters relating to :
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation or borrowing of money by the government;
(c) the custody of Consolidated Fund of India or Contigency Fund of India; the payment of moneys into or
withdrawal of moneys from the Consolidated or the Contingency Fund of India;
(d) the appropriation of money from the Consolidated Fund of India;
(e) declaring a new item to be expenditure, charged on the Consolidated Fund of India;
(f) any matter incidental to any of the matters specified in sub-clauses (a) to (f) of Article 110(1)
But a Bill shall not be deemed to be a Money Bill by reason only that it provides for the demand or the
payment of fees for licence or fees for service rendered or by reason that it provides for imposition, abolition
and regulation, etc. of any tax by a local authority or body for local purposes. It may be remembered that in
case any question arises whether a Bill is a Money Bill or not, the decision of the Speaker will be final.

Special procedure
A Money Bill can be introduced only in the Lok Sabha and only on the recommendation of the President.
After the Money Bill is passed by the Lok Sabha, it is passed on to the Rajya Sabha, with a certificate by the
Speaker that it is a Money Bill. The Rajya Sabha cannot reject a Money Bill nor can it amend it by virtue of its
own powers. It must, within a period of 14 days from the date of receipt of the Bill, return the Bill to the Lok
Sabha with its recommendations. The Lok Sabha may either accept or reject all or any of the recommendations
of the Rajya Sabha. If the Lok Sabha does not accept any of the recommendations of the Rajya Sabha, the Bill
shall be deemed to have been passed by both the Houses in the form in which it was passed by the Lok Sabha.
Suppose, a Money Bill is not returned by the Rajya Sabha within a period of 14 days, it shall be deemed to have
been passed by both the Houses at the expiration of 14 days. There is no chance of any disagreement between
the two Houses in regard to Money Bills as in the case of ordinary Bills. Hence, there is no provision for a Joint
Sitting in the case of Money Bills. Thus, the approval of Money Bill by the Rajya Sabha in effect is only formal
and routine. Other procedures for Money Bills are the same as applicable to ordinary Bills.

Financial Bills
The Constitution distinguishes Money Bills from the Financial Bills. General Speaking, a Financial Bill
may be any Bill which relates to revenue or expenditure. Besides providing for any of the matters specified in
the Constitution for Money Bill, Financial Bills also provide for other matters. [It can be said that all Money
Bills are Financial Bills but all Financial Bills are not Money Bills.] For the sake of convenience, the
Financial Bills may be divided into two categories.

Category ‘A’: Those Bills which make provisions for any of the matters specified in Article 110 for the Money
Bill but do not contain solely those matters, e.g. a Bill which contains a taxation clause, but does not deal solely
with taxation.
Category ‘B’: Bills containing provisions involving expenditure from Consolidated Fund.

Difference between Money Bill and Financial Bill


The difference between a Money Bill and a Financial Bill, as provided in the Constitution, is merely
technical. [Only those Financial Bills may be Money Bills which contain solely the matters specified under
Article 110 and which are, above all, certified by the Speaker to be Money Bills].
There are however, some minor differences in the procedure for passing these Bills. A Money Bill can
be introduced only in the Lok Sabha on the recommendation of the President and the Rajya Sabha has no
power to withhold its concurrence. A Financial Bill of Category ‘A’ has these two features in common with a
Money Bill namely (a) that it cannot be introduced in the Rajya Sabha and also (b) that it cannot be introduced
except on the recommendation of the President. But, since it is not a Money Bill, the Rajya Sabha is fully
empowered to reject or amend it as it does in the case of an ordinary Bill. In case of disagreement between
the two Houses, the provision of Joint Sitting is resorted to for resolving the dead-lock.
Further, a Financial Bill of Category B containing, inter alia, a proposal or proposals which involve
expenditure from the Consolidated Fund of India and also does not include any matter specified in Article 110,
is treated as an ordinary Bill and hence can be introduced in either House and the Rajya Sabha has full powers
either to reject or amend it. It does not require the recommendation of the President for its introduction.
However, the recommendation of the President is essential for its consideration. In other words, the
recommendation of the President is not precedent to its introduction but in the absence of it, the Houses cannot
pass such bills. But for this difference, this is as good as an ordinary bill.

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PROCEDURE FOR OBTAINING COPIES OF BILLS

If a Department/Ministry requires copies of bills after their introduction in Parliament, they should send
their demand along with the requisition in the prescribed form to the Secretariat of the House concerned. This
should be done well before the corrected proof of the relevant bill is forwarded by the Ministry of Law and
Justice to the Secretariat concerned, to enable the latter to consolidate the printing order. Similar procedure is
followed for obtaining copies of the reports of Select Committee/Joint Committee on Bills except that the order
should be sent to the Secretariat of the House concerned not later than the date by which the report is
scheduled to be presented. The demand for copies of Bills as passed by both Houses of Parliament should be
sent to the Secretariat of the House concerned in which the Bill is finally passed not later than the date of its
passage.

ORDINANCES AND REGULATIONS

Once a draft of the Ordinance (Art.123) is settled, a printed copy thereof is obtained. The Ministry of
Law and Justice then submits it to the President for his signature through the Minister-in-Charge of the
Administrative Ministry. The President’s Secretariat returns the signed copy of the Ordinance to the Ministry of
Law and Justice for promulgation. The Ordinance is then promulgated and published in the Gazette of India.
Ministry of Law and Justice will inform the Ministry concerned as to the promulgation or making of the
Ordinance so as to enable the Ministry to take further action in the matter. Copies of Ordinances are also
forwarded to all the State Governments for publication in State Gazettes.

The same procedure is followed in the case of Regulations made by the President under Article
240(relating to Union Territories) except that in such cases Regulations are submitted for the signature of the
President through the Home Minister.

Rule 71 of the Rules of the Lok Sabha requires that, whenever a Bill seeking to replace an Ordinance is
introduced in the House, a statement shall be placed before the House along with the Bill explaining the
circumstances which necessitated immediate legislation by Ordinance. Similarly, whenever an Ordinance which
embodies wholly or partly the provisions of any Bill pending before the House is promulgated, a statement
explaining the circumstances which necessitated immediate legislation by Ordinance shall be laid on the Table
of the House at the commencement of the session following the promulgation of the Ordinance.

CODE OF CONDUCT FOR THE OFFICIALS SITTING IN OFFICIAL GALLERY

Entry into the Official gallery is authorized by Official Gallery Cards or Passes endorsed by name of the
visitor for “official Gallery only” issued on behalf of the Secretary-General. They are not transferable. No official
holding the pass should remain in the Gallery longer than required. They should not take along with them items
specifically prohibited such as brief cases, hand bags, etc. None is allowed to be present during secret session.
They shall not make any noise, use cell phones, distribute notices, laugh loudly, waving hands at the Members,
call any one loudly or spoil the decorum of the House in any manner. The Watch and Ward officers shall remove
the officer from the Gallery even if he is a bonafide pass-holder if found to indulge in mis-conduct or mis-
behaviour. They should withdraw from the Gallery, if told to do so.

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GENERAL STUDIES - PARLIAMENTARY PROCEDURE

PARLIAMENTARY COMMITTEES
The work done by the Parliament in modern times is not only varied in nature, but considerable in
volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and
other matters that come up before it. A good deal of its business is, therefore, transacted by what is called the
Parliamentary Committee.

Ad hoc and Standing Committees

Parliamentary Committees are of two kinds: Ad hoc Committees and the Standing Committees. Ad hoc
Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to
them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills.
Others like the Railway Convention Committee, the Committees on the Draft Five Year Plans and the Hindi
Equivalents Committee are appointed for specific purposes. Apart from the Ad hoc Committees, each House of
Parliament has Standing Committees like the Business Advisory Committee, the Committee on Petitions, the
Committee of Privileges and the Rules Committee, etc.

Some of the Committees act as Parliament’s ‘Watch Dogs’ over the executive. These are the
Committees on Subordinate Legislation, the Committee on Government Assurances, the Committee on
Estimates, the Committee on Public Accounts and the Committee on Public Undertakings and Departmentally
Related Standing Committees (DRSCs). The Committee on Estimates, the Committee on Public Accounts, the
Committee on Public Undertakings and DRSCs play an important role in exercising a check over government
expenditure/Policy formulation.
COMPOSITION AND FUNCTIONS OF THE COMMITTEES

Select and Joint Committees


When a Bill comes up before a House for general discussion, it is open to that House to refer it to a
Select Committee of the House or a Joint Committee of the two Houses. A motion has to be moved and adopted
to this effect in the House in which the Bill comes up for consideration. In case the motion adopted is for
reference of the Bill to a Joint Committee, the decision is conveyed to the other House requesting them to
nominate members of the other House to serve on the Committee. The Select or Joint Committee considers the
Bill clause by clause just as the two Houses do. Amendments can be moved to various clauses by members of
the Committee. The Committee can also take evidence of associations, public bodies or experts who are
interested in the Bill. After the Bill has thus been considered, the Committee submits its report to the House.
Members who do not agree with the majority report may append their minutes of dissent to the report.

Parliamentary Committee is a Committee elected by the House or nominated by the Speaker. It works
under the direction of the Speaker, presents its report to the House or to the Speaker. The Secretariat for it is
provided by the Lok Sabha Secretariat. Finance Committees and Committee for the Welfare of the SC/ST are
elected Committees. Other Committees are Nominated Committees.

There are Standing Committees and Ad-hoc Committees. Standing Committee is elected or nominated
every year or from time to time and is a permanent Committee while ad-hoc committees are constituted by the
Speaker/Chairman for a specific purpose.

In some committees, Minister cannot be a member. Eg. Public Accounts Committee, Estimates
Committee, Committee on Public Undertakings, Committee on Subordinate Legislation, Committee on
Government Assurances, Committee on Petitions.

1. Committee on Estimates (Elected Committee)


This Committee consists of 30 members who are elected by the Lok Sabha every year from amongst its
members. A Minister is not eligible for election to this Committee. Chairman is nominated from among the
members. If Deputy Speaker is a member, he is the Chairman. The term of the Committee is one year. The
main function of the Committee on Estimates is to report what economies, improvements in organisation,
efficiency, or administrative reform, consistent with the policy underlying the estimates may be effected and to
suggest alternative policies in order to bring about efficiency and economy in administration. From time to time
the Committee selects such of the estimates pertaining to a Ministry or a group of Ministries or the statutory

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and other Government bodies as may seem fit to the Committee. It may also suggest the form in which the
Estimates are to be prepared. The Committee also examines matters of special interest which may arise or
come to light in the course of its work or which are specifically referred to it by the House or the Speaker.

2. Committee on Public Accounts (Elected Committee)

This Committee consists of 15 members elected by the Lok Sabha and 7 members of the Rajya Sabha.
Chairman is appointed from among the members of the Committee. If Dy. Speaker is a member, he will
function as the Chairman. A Minister is not eligible for election to this Committee. The term of the Committee is
one year.

The main duty of the Committee is to ascertain whether the money granted by Parliament has been
spent by Government "within the scope of the Demand". The Appropriation Accounts of the Government of
India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the
examination of the Committee. Cases involving losses, nugatory expenditure and financial irregularities come in
for severe criticism by the Committee. The Committee is not concerned with questions of policy. It is concerned
only with the execution of the policy laid down by Parliament and its results. It ensures high standards of
financial propriety and also ensures economy.

3. Committee on Public Undertakings (Elected Committee)

The Committee on Public Undertakings consists of 15 members elected by the Lok Sabha and 7
members of Rajya Sabha are associated with it. Chairman is appointed by the Speaker from among the
members. A Minister is not eligible for election to this Committee. The term of the Committee is one year.

The functions of the Committee on Public Undertakings are—(a) to examine the reports and accounts of
Public Undertakings; (b) to examine the reports, if any, of the Comptroller and Auditor General on the Public
Undertakings; (c) to examine in the context of the autonomy and efficiency of the Public Undertakings whether
the affairs of the Public Undertakings are being managed in accordance with sound business principles and
prudent commercial practices; and (d) such other functions vested in the Committee on Public Accounts and the
Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c)
above and as may be allotted to the Committee by the Speaker from time to time. The Committee does not,
however, examine matters of major Government policy and matters of day-to-day administration of the
Undertakings.
4. Committee on Welfare of SC/ST (Elected Committee)

The Committee comprises of 30 elected-members (20 from Lok Sabha and 10 from Rajya Sabha).
Chairman is nominated by the Speaker among the members. Its term is one year. Ministers are not eligible to
be elected to this Committee.
Functions:
1. To consider all matters concerning the welfare of SC/STs falling within the purview of the Union Govt and
UTs
2. To examine the report of National Commission on SC/ST (Article-338) and suggest measures taken by the
Union Government.
3. To scrutinise the extent of implementation of various programmes and to identify weak areas.
4. To examine the measures taken by Union Government to secure representation of SC/ST in public services.
5. To report on the welfare programmes of SC/ST in Union Territories.
6. To examine such other matters as may deem fit to the Committee or are specifically referred to it by the
House or the Speaker.

All the following committees are nominated committees


5. Business Advisory Committee

The Business Advisory Committee of Lok Sabha consists of 15 members including the Speaker who is
the ex-officio Chairman. (In Rajya Sabha, it is a 11-member committee with the Vice-President as Chairman of
the Committee). The members are nominated by the Speaker. Almost all sections of the House are represented
on the Committee as per the respective strength of parties in the House. The function of the Committee is to
recommend the time that should be allotted for the discussion of such Government legislative and other
business as the Speaker, in consultation with the Leader of the House, may direct to be referred to the

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Committee. The Committee, on its own initiative, may also recommend to the Government to bring forward
particular subjects for discussion in the House and recommend allocation of time for such discussions. The
decisions reached by the Committee are always unanimous in character and representative of the collective
view of the House. The Committee generally meets at the beginning of each Session and thereafter as and
when necessary.

6. Committee on Private Members’ Bills and Resolutions


This Committee is constituted after each general elections and thereafter on 1st June each year. This
Committee consists of 15 members and the Deputy Speaker is its Chairman when nominated as a member
of the Committee. The Committee is nominated by the Speaker. The functions of the Committee are to allot
time for examination of Private Members’ Bills and Resolutions. In case, the bill seeks to amend the
Constitution, it is considered before its introduction in Parliament. All other Private Members’ Bills/Resolutions
are taken up by the Committee, after they are introduced and before they are taken up for consideration in the
House and to classify them according to their nature, urgency and importance into two categories namely,
category A and category B. The Committee also examines those Private Members’ Bills where the legislative
competence of the House is challenged. The Committee, thus, performs the same function in relation to Private
Members’ Bills and Resolutions as the Business Advisory Committee does in regard to Government Business.
The Committee holds office for a term not exceeding one year. The report should be submitted to the Speaker.

7. Committee on Subordinate Legislation

The Committee consists of 15 members(2:1), nominated by the Speaker. Chairman is appointed from
among the members, by the Speaker. Minister is not nominated to this Committee. The term of the
Committee is one year.

Functions of this Committee includes scrutinising and reporting whether the powers to make regulations
or rules or procedures or sub-rules or bye-laws conferred to the subordinate authority by the Constitution or by
the Act of the Parliament have been exercised within such delegated powers. Special attention should be paid
on the general principles/objects of the Act, whether it authorises any expenditure from Consolidated Fund.
Whether there is any delay in making the rules, whether the Rules are ambiguous etc. Members from both the
Houses are represented in the ratio of 2:1 at the discretion of the Speaker. The Committee will place the report
on the table of the House for Parliamentary Scrutiny.

8. Committee on Government Assurances

This Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this
Committee. While replying to questions in the House or during discussions on Bills, Resolutions, Motions etc.,
Ministers at times give assurances or undertakings either to consider a matter or to take action or to furnish the
House further information later. The functions of this Committee are to scrutinize the assurances, promises,
undertakings etc. given by Ministers from time to time and to report to Lok Sabha on the extent to which such
assurances etc. have been implemented and to see whether such implementation has taken place within the
minimum time necessary for the purpose.
9. Committee on Petititons

The Committee on Petitions consists of 15 members nominated by the Speaker. A Minister cannot be
nominated to be member of the Committee and if a member after his nomination to the Committee is appointed
as Minister, he shall cease to be member of the Committee from the date of such appointment. The Committee
examines every petition presented to the House or referred to it. Besides, it also considers representations from
individuals and associations, etc. on subjects which are not covered by the rules relating to petitions and gives
directions for their disposal. After examination, the Committee may direct that it may be circulated either in
extenso or in summary form. It is the duty of the Committee to report to the House on the specific complaints
made in the petitions referred to it after taking such evidence as it deems fit and to suggest remedial measures
either in a concrete form applicable to the case under review or to prevent such cases in future. Now-a-days,
petitions which are not otherwise admissible to be referred to the Committee, are also informally placed before
the Committee, for their consideration.

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10. Committee on Privileges

The Members of Parliament are entitled to certain privileges and immunities to enable them to perform
their responsibilities/duty effectively. All the matters related to Parliament and its Members are entrusted to the
Committee of Privileges.

This Committee consists of 15 members nominated by the Speaker. The Speaker may refer any
question of privilege to the Committee on Privileges for examination, investigation and report. The Committee
examines every question referred to it and determines with reference to the facts of each case whether a
breach of privilege of the House, its members or the members of any of the Parliamentary Committees is
infringed and if so, the nature of the breach, the circumstances leading to it and makes such recommendations
as it deems fit. The report may also state the procedure to be followed by the House in giving effect to the
recommendations made by the Committee.

11. Committee On Absence Of Members From The Sittings

This committee is not constituted in the Rajya Sabha. In the Lok Sabha, it consists of 15 members
nominated by the Speaker. Its term of office is one year. The Committee performs the following functions:

1. It considers all applications from members for leave of absence from the House.
2. It examines all such cases where a member of the Lok Sabha remains absent from the sittings of the
House for sixty or more than sixty days without the prior permission of the Speaker.
3. After such examination, it reports whether the absence should be condoned or the seat of the
concerned member should be declared vacant in view of the circumstances of the case.
4. The Committee also performs such other related functions as are entrusted to the Committee by the
Speaker from time to time.
12. Rules Committee

The Rules Committee consists of 15 members including the Speaker who is the ex-officio Chairman of
the Committee. The members are nominated by the Speaker. The Committee considers matters of procedure
and conduct of business in the House and recommends any amendments or additions to the Rules of Procedure
and Conduct of Business in Lok Sabha that are considered necessary.

13. Committee on Papers Laid on the Table

This Committee consists of 15 members nominated by the Speaker. Its function is to examine all papers
laid on the Table of the House by Ministers (other than those which fall within the purview of the Committee on
Subordinate Legislation or any other Parliamentary Committee) and to report to the House—(a) whether there
has been compliance of the provisions of the Constitution, Act, rule or regulation under which the paper has
been laid, (b) whether there has been any unreasonable delay in laying the paper, (c) if there has been such
delay, whether a statement explaining the reasons for delay has been laid on the Table of the House and
whether those reasons are satisfactory, (d) whether both the Hindi and English versions of the paper have been
laid on the Table, (e) whether a statement explaining the reasons for not laying the Hindi version has been
given and whether such reasons are satisfactory, (f) such other functions in respect of the papers laid on the
Table as may be assigned to it by the Speaker from time to time.

14. Committee on Empowerment of Women

This Committee came into being on 29th April, 1997, as a consequence of identical Resolutions adopted
by both the Houses of Parliament on the occasion of International Womens’ Day on 8th March, 1996. The
Committee consists of 30 members, 20 nominated by the Speaker from amongst the members of Lok Sabha
and 10 nominated by the Chairman, Rajya Sabha from amongst the members of the Rajya Sabha. The term of
the Committee is of one year. The Committee has been primarily mandated with the task of reviewing and
monitoring the measures taken by the Union Government in the direction of securing for women equality,
status and dignity in all matters. The Committee would also suggest necessary correctives for improving the
status/condition of women in respect of matters within the purview of the Union Government. Besides, another
important function of the Committee is to examine the measures taken by the Union Government for
comprehensive education and adequate representation of women in Legislative bodies/services and other fields.

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The Committee would also consider the report of the National Commission for Women. The Committee may
also examine such other matters deem fit or are specifically referred to them by the Lok Sabha or the Speaker
and the Rajya Sabha or the Chairman, Rajya Sabha.

15. Committee on Members of Parliament Local Area Development Scheme(MPLADS)

The MPLADS was constituted by the then Chairman, RS on 5.9.1998. It consists of 10 members
including the Dy. Chairman, RS who is also the Chairperson of the Committee. There is a separate Committee
on MPLADS for Lok Sabha. The Ministry of Statistics and Programme implementation is the Nodal Ministry
pertaining to the MPLAD Scheme. The Committee looks into all aspect of the list of works permissible under the
guidelines issued in this regard by the Ministry of Statistics and Programme Implementation. The Committee
monitors the timely release of funds by the Ministry to the District Collectors, proper and timely execution of the
recommended works by the Members and suggest measures for removal of bottle-necks. It also forwards the
grievances of the Members to the Ministry and suggests measures for their speedy disposal so as to inform the
Members from time to time. The Committee holds meetings at regular intervals to examine the various issues
referred to it by the MPs, Ministry of Statistics and Programme Implementation and Lok Sabha Committee on
MPLADS and recommends its views for an amendment to the guidelines wherever necessary. The report of the
committee are presented to the House from time to time by the Chairperson.

16. Railway Convention Committee

The Railway Convention Committee is an ad-hoc Committee. It consists of 18 members. Out of these,
12 members are from Lok Sabha nominated by the Speaker and 6 members are from Rajya Sabha nominated
by the Chairman. By convention the Minister of Finance and the Minister of Railways are members of the
Committee. Besides this, Ministers of State in the Ministry of Finance and Ministry of Railways respectively are
also its members.

The main function of the Committee is to review the Rate of Dividend payable by the Railways
undertaking to General Revenues as well as other ancillary matters in connection with the Railway Finance vis-
a-vis the General Finance and make recommendations thereon. The Railway Convention Committee, 1949 was
the first Committee after independence. This Committee and subsequent Committees confined themselves to
determining the rate of dividend payable by Railways to General Revenues. Since 1971 the Railway Convention
Committees have been taking up such other subjects for examination/report which have a bearing on the
working of Railways.

17. Committee on Ethics (Rajya Sabha)


The Committee on Ethics of Rajya Sabha was constituted by the then Chairman, Rajya Sabha Shri K.R.
Narayanan on 4.3.97. The Committee consists of 10 members including the Chairman of the Committee who
are nominated by the Chairman, Rajya Sabha. Leaders and in the event of their being Minister, Deputy Leaders
or Chief Whips of the Political Parties/Groups are generally nominated to the Committee. Casual vacancies in
the Committee are filled by nomination by the Chairman, Rajya Sabha. The Chairman of the Committee is
nominated by the Chairman, Rajya Sabha. The Committee has to oversee the moral and ethical conduct of the
members and to examine cases referred to it with reference to ethical and other misconduct of members. In all
respect of procedure and other matters, rules applicable to the Committee of Privileges apply to the Committee
on Ethics with such variations and modifications as the Chairman, Rajya Sabha may, from time to time, make.
The reports of the Committee are presented to the House by the Chairman of the Committee.

18. Committee on Provision of Computers(RS)

The Committee on Provision of Computers to Members of RS was constituted by the then Chairman, RS
on 18.3.1997. The Committee functions to give effect to the Provision of Computers to MPs and other specified
officers. The Committee consists of 7 members who are nominated by the Chairman, Rajya Sabha. The Deputy
Chairman, RS is the Chairman of the Committee. Casual vacancies in the Committee are filled by the Chairman,
RS and in order to constitute a meeting of the Committee, the quorum is three members. The main functions
of the Committee are to decide on the areas and activities to be computerized for the benefit of the Members,
to decide the norms for provision of computers, hardware and software to Members and the terms and
conditions applicable to Members and to lay down policy guidelines for training the Members.

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19. Joint Committee on Offices of Profit

This Committee consists of 15 members. Ten members are elected from Lok Sabha and five from Rajya
Sabha. The Committee is constituted for the duration of each Lok Sabha.

The main functions of the Committee are to examine the composition and character of the Committees
appointed by the Central and State Governments and to recommend what offices should disqualify and what
offices should not disqualify a person for being chosen as, and for being, a member of either House of
Parliament under article 102 of the Constitution.
Rules of procedure of Parliamentary Committees

Following are the ‘rules of procedure’ for Parliamentary Committees:

i. No member shall be appointed to a Parliamentary Committee if he is unwilling to serve on the


Committee. The Chairman of the Committee shall be appointed by the Speaker from amongst its
members. If the Speaker is a member and functions as an ex-officio Chairman, the Deputy Speaker, if
he is a member of the Committee, shall be appointed.
ii. The quorum to constitute a sitting of the Committee shall be, generally around 1/3 rd of the total number
of the members of the Committee. When the Committee has been adjourned for lack of quorum on
two successive occasions, fact shall be reported to the House/Speaker.
iii. If a member is absent from two or more consecutive meetings of the Committee without the permission
of the Chairman, he may be discharged by the House or the Speaker as the case may be.
iv. The Committee may appoint one or more sub-Committees each having the powers of the undivided
committee.
v. The sittings of the Committee shall be held in private and generally within the precincts of the
Parliament House.
vi. The Committee may sit while the House is sitting and the members will be called to the House if there
is need for their participation in a ‘division’.
vii. Witnesses may be summoned by an order signed by the Secretary-General and shall produce such
documents as are required for the use of the Committee. The evidence so tendered will be treated
secret or confidential. A Parliamentary Committee has powers to send for persons, papers and records.
However, the Government may decline to produce a document on the grounds of ‘safety or interest of
the State’.
viii. A Parliamentary Committee may make special reports even if such matter is beyond its terms of
reference.
ix. The Committee may direct that the whole or a part of the evidence or summary thereof may be laid on
the Table of the House. Till such tabling, it is kept confidential.
x. When no time limit is fixed, the report of the Committee is submitted within a period of one month.
Part report may also be submitted. Report/part-Report is kept confidential till it is submitted to the
House.
xi. A Committee may make recommendations through Resolutions suggesting modifications in the rules of
procedures.
xii. Prorogation of the House does not result in the dissolution of the Committee which can continue its
business.
CONSULTATIVE COMMITTEES

In addition to the Cabinet Committees and Parliamentary Committees, the system of informal
Consultative Committees was introduced in 1954, to enable the Members of Parliament to acquaint
themselves with the working of various Departments/Ministries. They were subsequently formalised. The
Minister for Parliamentary Affairs nominates the members of Consultative Committees. Members from both
the Houses are nominated. One Member can be nominated to only one Committee. The Committee has to be
reconstituted every year - normally at the Budget Session. Chairman of the committee is the Minister & Vice-
Chairman will the Minister of State. Every year, six meetings should be held. One meeting during the
session and one inter-session. Railways, however, will hold only inter-session meetings.

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