instruction
stringlengths
1
84
input
stringlengths
1
85
output
stringlengths
1
83
known as the ‘minority leader’.
The British political system has an unique institution called the
‘Shadow Cabinet’. It is formed by the Opposition party to balance
the ruling cabinet and to prepare its members for future ministerial
offices. In this shadow cabinet, almost every member in the ruling
cabinet is ‘shadowed’ by a corresponding member in the
opposition cabinet. This shadow cabinet serves as the ‘alternate
cabinet’ if there is change of government. That is why Ivor
Jennings described the leader of Opposition as the ‘alternative
Prime Minister’. He enjoys the status of a minister and is paid by
the government.
Whip
Though the offices of the leader of the House and the leader of
the Opposition are not mentioned in the Constitution of India, they
are mentioned in the Rules of the House and Parliamentary
Statute respectively. The office of ‘whip’, on the other hand, is
mentioned neither in the Constitution of India nor in the Rules of
the House nor in a Parliamentary Statute. It is based on the
conventions of the parliamentary government.
Every political party, whether ruling or Opposition has its own
whip in the Parliament. He is appointed by the political party to
serve as an assistant floor leader. He is charged with the
responsibility of ensuring the attendance of his party members in
large numbers and securing their support in favour of or against a
particular issue. He regulates and monitors their behaviour in the
Parliament. The members are supposed to follow the directives
given by the whip. Otherwise, disciplinary action can be taken.
SESSIONS OF PARLIAMENT
Summoning
The president from time to time summons each House of
Parliament to meet. But, the maximum gap between two sessions
of Parliament cannot be more than six months. In other words, the
Parliament should meet at least twice ayear. There are usually
three sessions in a year, viz,
1. the Budget Session (February to May);
2. the Monsoon Session (July to September); and
3. the Winter Session (November to December).
A ‘session’ of Parliament is the period spanning between the
first sitting of a House and its prorogation (or dissolution in the
case of the Lok Sabha). During a session, the House meets
everyday to transact business. The period spanning between the
prorogation of a House and its reassembly in a new session is
called ‘recess’.
Adjournment
A session of Parliament consists of many meetings. Each meeting
of a day consists of two sittings, that is, a morning sitting from 11
am to 1 pm and post-lunch sitting from 2 pm to 6 pm. A sitting of
Parliament can be terminated by adjournment or adjournment sine
die or prorogation or dissolution (in the case of the Lok Sabha).
An adjournment suspends the work in a sitting for a specified
time, which may be hours, days or weeks.
Adjournment Sine Die
Adjournment sine die means terminating a sitting of Parliament for
an indefinite period. In other words, when the House is adjourned
without naming a day for reassembly, it is called adjournment sine
die. The power of adjournment as well as adjournment sine die
lies with the presiding officer of the House. He can also call a
adjourned or at any time after the House has been adjourned sine
die.
Prorogation
The presiding officer (Speaker or Chairman) declares the House
adjourned sine die, when the business of a session is completed.
Within the next few days, the President issues a notification for
prorogation of the session. However, the President can also
prorogue the House while in session.
The specific differences between adjournment and prorogation
are summarised in Table 22.1.
Dissolution
Rajya Sabha, being a permanent House, is not subject to
dissolution. Only the Lok Sabha is subject to dissolution. Unlike a
prorogation, a dissolution ends the very life of the existing House,
and a new House is constituted after general elections are held.
The dissolution of the Lok Sabha may take place in either of two
ways:
1. Automatic dissolution, that is, on the expiry of its tenure of
five years or the terms as extended during a national
emergency; or
2. Whenever the President decides to dissolve the House,
which he is authorised to do. Once the Lok Sabha is
dissolved before the completion of its normal tenure, the
dissolution is irrevocable.
When the Lok Sabha is dissolved, all business including bills,
motions, resolutions, notices, petitions and so on pending before it
or its committees lapse. They (to be pursued further) must be
reintroduced in the newly-constituted Lok Sabha. However, some
pending bills and all pending assurances that are to be examined
by the Committee on Government Assurances do not lapse on the
dissolution of the Lok Sabha. The position with respect to lapsing
of bills is as follows:
1. A bill pending in the Lok Sabha lapses (whether originating
2. A bill passed by the Lok Sabha but pending in the Rajya
Sabha lapses.
3. A bill not passed by the two Houses due to disagreement
and if the president has notified the holding of a joint sitting
before the dissolution of Lok Sabha, does not lapse.
4. A bill pending in the Rajya Sabha but not passed by the Lok
Sabha does not lapse.
5. A bill passed by both Houses but pending assent of the
president does not lapse.
6. A bill passed by both Houses but returned by the president
for reconsideration of Houses does not lapse.
Table 22.1 Adjournment vs Prorogation
Adjournment Prorogation
1. It only terminates a sitting 1. It not only terminates a
and not a session of the sitting but also a session of
House. the House.
2. It is done by presiding 2. It is done by the president of
officer of the House. India.
3. It does not affect the bills or 3. It also does not affect the
any other business pending bills or any other business
before the House and the pending before the House.13
same can be resumed when However, all pending
the House meets again. notices (other than those for
introducing bills) lapse on
prorogation and fresh
notices have to be given for
the next session. In Britain,
prorogation brings to an end
all bills or any other
business pending before the
House.
Quorum
Quorum is the minimum number of members required to be
tenth of the total number of members in each House including the
presiding officer. It means that there must be at least 55 members
present in the Lok Sabha and 25 members present in the Rajya
Sabha, if any business is to be conducted. If there is no quorum
during a meeting of the House, it is the duty of the presiding
officer either to adjourn the House or to suspend the meeting until
there is a quorum.
Voting in House
All matters at any sitting of either House or joint sitting of both the
Houses are decided by a majority of votes of the members
present and voting, excluding the presiding officer. Only a few
matters, which are specifically mentioned in the Constitution like
impeachment of the President, amendment of the Constitution,
removal of the presiding officers of the Parliament and so on,
require special majority, not ordinary majority.
The presiding officer of a House does not vote in the first
instance, but exercises a casting vote in the case of an equality of
votes. The proceedings of a House are to be valid irrespective of
any unauthorised voting or participation or any vacancy in its
membership.
The following points can be noted with respect to the voting
procedure in the Lok Sabha:
1. On the conclusion of a debate, the Speaker shall put the
question and invite those who are in favour of the motion to
say ‘Aye’ and those against the motion to say ‘No’.
2. The Speaker shall then say: ‘I think the Ayes (or the Noes,
as the case may be) have it.’ If the opinion of the Speaker as
to the decision of a question is not challenged, he shall say
twice: The Ayes (or the Noes, as the case may be) have it’
and the question before the House shall be determined
accordingly.
3. (a) If the opinion of the Speaker as to the decision of a
question is challenged, he shall order that the Lobby be
cleared.
(b) After the lapse of three minutes and thirty seconds, he
shall put the question a second time and declare
(c) If the opinion so declared is again challenged, he shall
direct that the votes be recorded either by operating the
automatic vote recorder or by using ‘Aye’ and ‘No’ Slips
in the House or by the Members going into the Lobbies.
4. If in the opinion of the Speaker, the Division is unnecessarily
claimed, he may ask the members who are for ‘Aye’ and
those for ‘No’ respectively to rise in their places and, on a
count being taken, he may declare the determination of the
House. In such a case, the names of the voters shall not be
recorded.
Language in Parliament
The Constitution has declared Hindi and English to be the
languages for transacting business in the Parliament. However,
the presiding officer can permit a member to address the House in
his mother-tongue. In both the Houses, arrangements are made
for simultaneous translation. Though English was to be
discontinued as a floor language after the expiration of fifteen
years from the commencement of the Constitution (that is, in
1965), the Official Languages Act (1963) allowed English to be
continued along with Hindi.
Rights of Ministers and Attorney General
In addition to the members of a House, every minister and the
attorney general of India have the right to speak and take part in
the proceedings of either House, any joint sitting of both the
Houses and any committee of Parliament of which he is a
member, without being entitled to vote. There are two reasons
underlying this constitutional provision:
1. A minister can participate in the proceedings of a House, of
which he is not a member. In other words, a minister
belonging to the Lok Sabha can participate in the
proceedings of the Rajya Sabha and vice-versa.
2. A minister, who is not a member of either House, can
participate in the proceedings of both the Houses. It should
months, without being a member of either House of
Parliament.
Lame-duck Session
It refers to the last session of the existing Lok Sabha, after a new
Lok Sabha has been elected. Those members of the existing Lok
Sabha who could not get re-elected to the new Lok Sabha are
DEVICES OF PARLIAMENTARY PROCEEDINGS
Question Hour
The first hour of every parliamentary sitting is slotted for this.
During this time, the members ask questions and the ministers
usually give answers. The questions are of three kinds, namely,
starred, unstarred and short notice.
A starred question (distinguished by an asterisk) requires an
oral answer and hence supplementary questions can follow.
An unstarred question, on the other hand, requires a written
answer and hence, supplementary questions cannot follow.
A short notice question is one that is asked by giving a notice
of less than ten days. It is answered orally.
In addition to the ministers, the questions can also be asked to
the private members. Thus, a question may be addressed to a
private member if the subject matter of the question relates to
some Bill, resolution or other matter connected with the business
of the House for which that member is responsible. The procedure
in regard to such question is the same as that followed in the case
of questions addressed to a minister.
The list of starred, unstarred, short notice questions and
questions to private members are printed in green, white, light
pink and yellow colour, respectively, to distinguish them from one
another.
Zero Hour
Unlike the question hour, the zero hour is not mentioned in the
Rules of Procedure. Thus it is an informal device available to the
members of the Parliament to raise matters without any prior
notice. The zero hour starts immediately after the question hour
and lasts until the agenda for the day (ie, regular business of the
House) is taken up. In other words, the time gap between the
question hour and the agenda is known as zero hour. It is an
Indian innovation in the field of parliamentary procedures and has
been in existence since 1962.
Motions
No discussion on a matter of general public importance can take
place except on a motion made with the consent of the presiding
officer. The House expresses its decisions or opinions on various
issues through the adoption or rejection of motions moved by
either ministers or private members.
The motions moved by the members to raise discussions on
various matters fall into three principal categories:14
1. Substantive Motion: It is a self-contained independent
proposal dealing with a very important matter like
impeachment of the President or removal of Chief Election
Commissioner.
2. Substitute Motion: It is a motion that is moved in substitution
of an original motion and proposes an alternative to it. If
adopted by the House, it supersedes the original motion.
3. Subsidiary Motion: It is a motion that, by itself, has no
meaning and cannot state the decision of the House without
reference to the original motion or proceedings of the House.
It is divided into three sub-categories:
(a) Ancillary Motion: It is used as the regular way of
proceeding with various kinds of business.
(b) Superseding Motion: It is moved in the course of debate
on another issue and seeks to supersede that issue.
(c) 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 forthwith and the matter is put to vote. There
are four kinds of closure motions15 :
(a) Simple Closure: It is one when a member moves that the
‘matter having been sufficiently discussed be now put to
vote’.
(b) 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
(c) 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.
(d) 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).
Privilege Motion
It is concerned with the breach of parliamentary privileges by a
minister. It is moved by a member when he feels that a minister
has committed a breach of privilege of the House or one or more
of its members by withholding facts of a case or by giving wrong
or distorted facts. Its purpose is to censure the concerned
minister.
Calling Attention Motion
It is introduced in the Parliament by a member to call the attention
of a minister to a matter of urgent public importance, and to seek
an authoritative statement from him on that matter. Like the zero
hour, it is also an Indian innovation in the parliamentary procedure
and has been in existence since 1954. However, unlike the zero
hour, it is mentioned in the Rules of Procedure.
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. As it interrupts the normal
business of the House, it is regarded as an extraordinary device. It
involves an element of censure against the government and
hence Rajya Sabha is not permitted to make use of this device.
The discussion on an adjournment motion should last for not less
than two hours and thirty minutes.
The right to move a motion for an adjournment of the business
of the House is subject to the following restrictions:
1. It should raise a matter which is definite, factual, urgent and