IAS Notes
PROCEDURAL DEVICES FOR RAISING MATTERS OF PUBLIC INTEREST
#What is a Calling Attention ?
Under this procedural device, a Member may, with the prior permission of the Speaker, call the attention of a Minister to any matter of urgent public importance and the Minister may make a brief statement thereon. There shall be no debate on such a statement at the time it is made. After the statement, brief clarifications can be sought from the Minister by the Member who has initiated the Calling Attention and other Members whose names appear in the List of Business are called by the Speaker. Only those matters which are primarily the concern of the Union Government can be raised through a Calling Attention notice. The Calling Attention procedure is an Indian innovation which combines asking a question with supplementaries and making brief comments; the Government also gets adequate opportunity to state its case. The Calling Attention matter is not subject to the vote of the House.
what is a Motion?
The
term `motion’ in parliamentary parlance means any formal proposal made
to the House by a Member for the purpose of eliciting a decision of the House. It is phrased in such a way that, if adopted,
it will purport to express the judgement or will of the House. Any matter of importance can be the subject
matter of a motion. The mover of a
motion frames it in a form in which he/she wishes it ultimately to be passed by
the House and on which a vote of the House can conveniently be taken.
What are the different types of Motions?
Motions may be classified into three broad categories, namely, substantive motions, substitute motions and subsidiary motions.
A substantive motion is a self-contained, independent proposal made in reference to a subject which the mover wishes to bring forward. All Resolutions, Motions for election of the Speaker and Deputy Speaker, and Motion of Thanks on the Address by the President, etc. are examples of substantive motions.
A substitute motion, as its name suggests, is moved in substitution of the original motion for taking into consideration a policy or situation or statement or any other matter. Amendments to substitute motions are not permissible.
Subsidiary motions depend upon or relate to other motions or follow up on some proceedings in the House. By itself, a subsidiary motion has no meaning and is not capable of stating the decision of the House without reference to the original motion or the proceedings of the House.
Adjournment Motion is the procedure for adjournment of the business of
the House for the purpose of discussing a definite matter of urgent public
importance, which can be moved with the consent of the Speaker. The Adjournment Motion, if admitted, leads to
setting aside of the normal business of the House for discussing the matter
mentioned in the motion. To be in order,
an adjournment motion must raise a matter of sufficient public importance to
warrant interruption of normal business of the House and the question of public
importance is decided on merit in each individual case. The purpose of an Adjournment Motion is to
take the Government to task for a recent act of omission or commission having
serious consequences. Its adoption is
regarded as a sort of censure of the Government.
What is a Motion of No-confidence?
The Government must always enjoy majority support in the popular House to remain in power. If need be, it has to demonstrate its strength on the floor of the House by moving a Motion of Confidence and winning the confidence of the House. In view of the express Constitutional provision regarding collective responsibility of the Council of Ministers to the Lok Sabha, a motion expressing want of confidence in an individual Minister is out of order; under the Rules, only a motion expressing want of confidence in the Council of Ministers as a body is admissible. Rule 198 of the Rules of Procedure and Conduct of Business in Lok Sabha lays down the procedure for moving a Motion of No-Confidence in the Council of Ministers. The usual format of such a motion is that "this House expresses its want of confidence in the Council of Ministers”. A Motion of No-confidence need not set out any grounds on which it is based. Even when grounds are mentioned in the notice and read out in the House, they do not form part of the No-confidence Motion.
If the Speaker admits notice of a motion and no date is fixed for its discussion, it is called a “No-Day-yet-Named Motion” and a copy of the admitted motion is forwarded to the Minister concerned with the subject matter of the motion.
Admitted notices of such motions may be placed before the Business Advisory Committee for selecting the motions for discussion in the House according to the urgency and importance of the subject-matter thereof, and allotting time for the same.
What is meant by a Discussion under Rule 193?
Discussion under Rule 193 does not involve a formal motion before the House. Hence no voting can take place after discussion on matters under this rule. The Member who gives notice may make a short statement and such of the Members as have previously intimated to the Speaker, may be permitted to take part in the discussion. The Member who raises the discussion has no right of reply. At the end of the discussion, the Minister concerned gives a brief reply.
In order to provide opportunities to Members to discuss matters of urgent public importance, a convention was established in March 1953 which was incorporated later into the Rules of Procedure and conduct of Business in Lok Sabha under Rule 193 as Short Duration Discussion. Under this Rule, Members can raise discussion for short durations without a formal motion or vote thereon.
What is meant by matters under Rule 377?
Matters, which are not points of order can be raised by way of Special Mentions under Rule 377. This procedural device, framed in 1954, provides opportunity to the Members to raise matters of general public interest. At present, the number of matters that can be raised by Members under rule 377 on a single day is 20.
The
time immediately following the Question Hour
and laying of papers and before any listed business is taken up in the
House has come to be popularly known as the `Zero Hour’. As it starts around 12 noon, this period is
euphemistically termed as `Zero Hour’.
For raising matters during the ‘Zero Hour’ in Lok Sabha, Members give
notice between 8.30 a.m. and 9.00 a.m. everyday to the Speaker stating
clearly the subject which they consider to be important and wish to raise in
the House. It is, of course, for the
Speaker to allow or not to allow for raising
such matters in the House. The
term `Zero Hour’ is not formally recognised in our parliamentary procedure.
At present, twenty matters per day as per their priority in the ballot are allowed to be raised during “Zero Hour”. The order in which the matters will be raised is decided by the Speaker at his/her discretion. In the first phase, 5 matters of urgent national and international importance, as decided by the Chair, are taken up after Question Hour and laying of papers, etc. In the second phase, the remaining admitted matters of urgent public importance are taken up after 6.00 P.M. or at the end of the regular business of the House. However, since there is no provision in the rules regarding ‘Zero Hour’, hence there is no maximum limit on the number of matters that can be raised on any given day.
What is a Resolution?
A Resolution is a formal expression of the sense, will or action of the Legislative Body. Resolutions may be broadly divided into three categories:
Resolutions
which are expression of opinion by the House: Since the purpose of such a
Resolution is merely to obtain an expression of opinion of the House, the
Government is not bound to give effect to the opinions expressed in these
Resolutions.
Resolutions which have statutory effect: The notice of a Statutory Resolution is given in pursuance of a provision in the Constitution or an Act of Parliament. Such a Resolution, if adopted, is binding on the Government and has the force of law.
Resolutions which the House passes in the matter of control over its own proceedings: It has the force of law and its validity cannot be challenged in any court of law. The House, by such a Resolution, evolves, sometimes, its own procedure to meet a situation not specifically provided for in the Rules.
What is a Point of Order?
A Point of Order may be raised only in relation to the business before the House at the moment, provided that the Speaker may permit a Member to raise a Point of Order during the interval between the termination of one item of business and the commencement of another if it relates to maintenance of order in, or arrangement of business before, the House. A Member may formulate a Point of Order and the Speaker shall decide whether the point raised is a Point of Order and if so give the decision thereon, which is final.
Does the Speaker have the power to adjourn the House or suspend the sitting?
Under Rule 375, in the case of a grave disorder arising in the House, the Speaker may, if thinks it necessary to do so, adjourn the House or suspend any sitting for a time to be named by the Speaker.
When does the President address the Parliament?
The
Constitution provides for an Address by the President to either House or both
Houses assembled together
[Article 86(1)]. The Constitution also makes incumbent upon the President to
address both Houses of Parliament assembled together at the commencement of the
first Session after each General
Election to the Lok Sabha and at the commencement of the first Session each
year and inform Parliament of the causes of its summons. [Article 87(1)]. The
matters referred to in the Address by the President to the Houses are discussed
on a Motion of Thanks moved by a Member and seconded by another Member.
Can Members raise questions on the Address by the President?
No Member can raise questions on the Address by the President. Any action on the part of a Member which mars the occasion or creates disturbance is punishable by the House to which that Member belongs. Discussion on matters referred to in the Address takes place on a Motion of Thanks moved by a Member and seconded by another Member. The scope of discussion on the Address is very wide and the functioning of the entire administration is open for discussion; the limitations inter alia are that Members should not refer to matters which are not the direct responsibility of the Government of India, and the name of the President should not be brought in during the debate since the Government, and not the President, is responsible for the contents of the Address.
#Parliamentary_Questions
1 Comments