Parliamentary Proceedings and Allocation seats in Parliament
The first hour of a sitting of the Lok Sabha is devoted to the question Hour. The Government is put on trial during the question Hour and every minister whose turn it is to answer question has to stand up and answer for his or his administration’s acts of omission and commission. The questions are of three kinds, namely, starred, un-starred and short-notice.
A started question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow. An un-starred question on the other hand, requires a written answer follow. A short notice question is one that is asked by giving a notice of less than 10 days. It is answered orally.
The Zero Hour follows the question hour and starts at the noon, with its duration being one hour (from 12 noon to 1 pm). It is an informal device available to the members of the Parliament to raise matters without any prior notice. It is an Indian Innovation and has been in existence since 1962.
It is represents with the consent of the Presiding officer. It is necessary for discussing any matter related to public importance. It is moved by either the minister or the private members. It is of three types.
A substantive motion is a self- contained independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House. It neither depends on nor arises out of another motion.
The Motion of thanks on the President’s Address, Motion for Adjournment on a matter of Public importance, Motion of No-Confidence, Motions for Election or removal of the speaker, Deputy Speaker of the Lok Sabha or the Deputy Chairman of the Rajya Sabha, Privilege Motion and also, all resolutions are substantive motions.
Further, the Constitution provides for the impeachment of persons in high authority which can be initiated on a Substantive motion drawn in proper terms.
Motions moved in substitution of the original motion and proposing an alternative to it are called Substitute Motions. Before the discussion on the original motion has commenced, a member can move a substitute Motion which, while conforming to the subject matter of the original motion, is so drawn up as to express an opinion of the house.
Discussion is held on both the original and the substitutive motion together but vote of the house is taken only on the substitute Motion. Further, if adopted, it supersedes the original question which is then not put to vote, while if amendment is adopted, the original question is put as amended.
They depend upon or relate to other motions or follow upon some proceedings in the house. They, by themselves, have no meaning and are not capable, of stating the decision of the house without reference to the original motion or proceedings of the house. Subsidiary motions are further divided into three categories.
i) Ancillary Motion: It is used as the regular way of proceeding with various kinds of business.
ii) Superseding Motions: It is moved in the course of debate on another issue and seeks to supersede that issue.
iii) Amendment: It seeks to modify or substitute only a part of the original motion.
Closure Motion: It is a motion moved by a member to cut short the debate on a matter before the house. If the motion is approved by the house, debate is stopped for with and the matter is put to vote. There are four kinds of closure motions.
i) Simple Closure: It is one when a member moves that the matter having been sufficiently discussed be now to put to vote.
ii) Closure by Compartments: In this case, the clauses of a bill or a lengthy resolution are grouped into parts before the commencement of the debate. The debate covers the part as a whole and the entire part is put to vote.
iii) Kangaroo Closure: Under this type, only important clauses are taken-up for debate and voting and the intervening clauses are skipped over and taken as passed.
iv) Guillotine Closure: It is one when the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time(as the time allotted for the discussion is over).
Other Motions of Parliamentary Proceedings
Calling Attention Motion with the prior permission of the Speaker, any Member of the Parliament may call the attention of a minister to a matter of urgent public importance. The minister may make a brief statement about the matter or he may ask for time to make a statement later.
No-Confidence Motion: It is a resolution introduced by the opposition claiming that the house has lost its confidence in the government. If it is passed, then government must resign from the office. It can only be introduced in the Lok Sabha. Rajya Sabha does not enjoy this power because Article 75 says that Council of Minister shall be collectively responsible to the Lok Sabha. This motion requires the support of 50 members to be admitted.
Censure Motion This motion seeks to censure the government for its lapses. If the censure is passed against the government, it should pass a confidences motion as soon as possible to regain the confidence of the house. And government does not need to resign immediately unlike in case of No-Confidence Motion. It can be moved against an individual minister for specific policies or actions. This motion should state the reason for its adoption. It is in practice since 1954.
Difference between Censure Motion and No-confidence Motion
|Censure Motion||No-Confidence Motion|
|It should state the reasons for its adoption in the Lok Sabha.||It need not state the reasons for its adoption in the Lok Sabha|
|It can be moved against an individual minister or a group of ministers of the entire council of Misters.||It can be moved against the entire Council of ministers only.|
|It is moved for censuring the council of Ministers for specific policies and actions.||It is moved for ascertaining the confidence of the Lok Sabha in the Council of Ministers.|
|If it is passed in the Lok Sabha, the Council of Ministers need not resign from the office.||If it is passed in the Lok Sabha, the Council of Ministers must resign from the office.|
It is a motion moved by a Member of Parliament. He charges the minister with committing a breach of the privilege of the House by withholding or distorting facts.
Adjournment Motion: It is introduced in the Parliament to draw attention of the house to a definite matter of urgent public importance and needs the Support of 50 members to be admitted. It can only be moved in Lower House of the Parliament. It should not raise any matter which is under adjudication by a court.
Motions of Thanks: The first session after each general election and the first session of every fiscal year is addressed by the President. In this address, the President outlines the policies and programs of the Government in the preceding year and ensuing year. This address of the President is discussed in both the house of Parliament on a motion called the motion of thanks. This Motion is put to vote post the end of the discussion.
Half an Hour Discussion It can be raised on a matter of urgent public importance which has been the subject of a recent question in the Lok Sabha, irrespective of the fact whether the question was answered orally or the answer was laid on the table of the house, and the answer to which needs elucidation on a matter of fact. The Speaker can allot 3 days in a week for such discussions. No voting is done before the House.
Short Duration Discussion: It is also known as two hour discussion as the time allotted for such a discussion should not two hours. The Members of the Parliament can raise such discussion on a matter of urgent public importance. The speaker can allot 2 days in a week for such discussions. There is neither a formal motion before the house nor voting is done. This device has been in existence since 1953.
Allocation seats in Parliament
|S.No||States||In Rajya Sabha||In Lok Sabha|
|10||Jammu and Kashmir||4||6|
|1||Andaman and Nicobar Islands||1|
|3||Dadra and Nagar Haveli||——||1|
|4||Daman and Diu||——||1|
Legislative Procedure in Parliament
The Legislative Procedure is identical in both the Houses of Parliament. A Bill is a proposal for legislation and it becomes an act or law when duty enacted. Bills may be classified under four heads viz Ordinary, Money, Financial and constitutional Amendment Bills. The Legislative procedure of government bills and private members bill is same. Money Bill cannot be introduced in the Rajya Sabha. It is introduced only in Lok Sabha. The other bills can be introduced in either house.