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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 |
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