jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
3. It should be restricted to a specific matter of recent	occurrence and should not be framed in general terms;	4. It should not raise a question of privilege;
5. It should not revive discussion on a matter that has been	discussed in the same session;	6. It should not deal with any matter that is under adjudication
by court; and	7. It should not raise any question that can be raised on a	distinct motion.
No-Confidence Motion	Article 75 of the Constitution says that the council of ministers	shall be collectively responsible to the Lok Sabha. It means that
the ministry stays in office so long as it enjoys confidence of the	majority of the members of the Lok Sabha. In other words, the Lok	Sabha can remove the ministry from office by passing a no-
confidence motion. The motion needs the support of 50 members	to be admitted.	Confidence Motion
The motion of confidence has come up as a new procedural	device to cope with the emerging situations of fractured mandates	resulting in hung parliament, minority governments and coalition
governments. The governments formed with wafer-thin majority	have been called upon by the President to prove their majority on	the floor of the House. The government of the day, sometimes, on
its own, seeks to prove its majority by moving a motion of	confidence and winning the confidence of the House. If the	confidence motion is negatived, it results in the fall of the
government15a.	Censure Motion	A censure motion is different from a no-confidence motion as
shown in Table 22.2.	Motion of Thanks	The first session after each general election and the first session
government in the preceding year and ensuing year. This address	of the president, which corresponds to the ‘speech from the	Throne in Britain’, is discussed in both the Houses of Parliament
on a motion called the ‘Motion of Thanks’. At the end of the	discussion, the motion is put to vote. This motion must be passed	in the House. Otherwise, it amounts to the defeat of the
government. This inaugural speech of the president is an	occasion available to the members of Parliament to raise	discussions and debates to examine and criticise the government
and administration for its lapses and failures.	No-Day-Yet-Named Motion	It is a motion that has been admitted by the Speaker but no date
has been fixed for its discussion. The Speaker, after considering	the state of business in the House and in consultation with the	leader of the House or on the recommendation of the Business
Advisory Committee, allots a day or days or part of a day for the	discussion of such a motion.	Dilatory Motion
It is a motion for the adjournment of the debate on a bill / motion /	resolution etc. or a motion to retard or delay the progress of a	business under consideration of the House. It can be moved by a
member at any time after a motion has been made. The debate	on a dilatory motion must be restricted to the matter contained in	such motion. If the Speaker is of the opinion that such a motion is
an abuse of the rules of the House, he may either forthwith put the	question thereon or decline to propose the question.	Point of Order
A member can raise a point of order when the proceedings of the	House do not follow the normal rules of procedure. A point of	order should relate to the interpretation or enforcement of the
Rules of the House or such articles of the Constitution that	regulate the business of the House and should raise a question	that is within the cognizance of the Speaker. It is usually raised by
extraordinary device as it suspends the proceedings before the	House. No debate is allowed on a point of order.	Table 22.2 Censure Motion vs No Confidence Motion
Censure Motion No-Confidence Motion	1. It should state the reasons 1. It need not state the	for its adoption in the Lok reasons for its adoption in
Sabha. the Lok Sabha.	2. It can be moved against an 2. It can be moved against the	individual minister or a entire council of ministers
group of ministers or the only.	entire council of ministers.	3. It is moved for censuring 3. It is moved for ascertaining
the council of ministers for the confidence of Lok	specific policies and Sabha in the council of	actions. ministers.
4. If it is passed in the Lok 4. If it is passed in the Lok	Sabha, the council of Sabha, the council of	ministers need not resign ministers must resign from
from the office. office.	Half-an-Hour Discussion	It is meant for discussing a matter of sufficient public importance,
which has been subjected to a lot of debate and the answer to	which needs elucidation on a matter of fact. The Speaker can allot	three days in a week for such discussions. There is no formal
motion or voting before the House.	Short Duration Discussion	It is also known as two-hour discussion as the time allotted for
such a discussion should not exceed two hours. The members of	the Parliament can raise such discussions on a matter of urgent	public importance. The Speaker can allot two days in a week for
Special Mention	A matter which is not a point of order or which cannot be raised	during question hour, half-an hour discussion, short duration
discussion or under adjournment motion, calling attention notice	or under any rule of the House can be raised under the special	mention in the Rajya Sabha. Its equivalent procedural device in
the Lok Sabha is known as ‘Notice (Mention) Under Rule 377’.	Resolutions	The members can move resolutions to draw the attention of the
House or the government to matters of general public interest.	The discussion on a resolution is strictly relevant to and within the	scope of the resolution. A member who has moved a resolution or
amendment to a resolution cannot withdraw the same except by	leave of the House.	Resolutions are classified into three categories:16
1. Private Member’s Resolution: It is one that is moved by a	private member (other than a minister). It is discussed only	on alternate Fridays and in the afternoon sitting.
2. Government Resolution: It is one that is moved by a	minister. It can be taken up any day from Monday to	Thursday.
3. Statutory Resolution: It can be moved either by a private	member or a minister. It is so called because it is always	tabled in pursuance of a provision in the Constitution or an
Act of Parliament.	Resolutions are different from motions in the following respects:	“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.”17	Youth Parliament	The scheme of Youth Parliament was started on the
objectives are:	1. to acquaint the younger generations with practices and	procedures of Parliament;
2. to imbibe the spirit of discipline and tolerance cultivating	character in the minds of youth; and	3. to inculcate in the student community the basic values of
democracy and to enable them to acquire a proper	perspective on the functioning of democratic institutions.	The ministry of parliamentary affairs provides necessary
LEGISLATIVE PROCEDURE IN PARLIAMENT	The legislative procedure is identical in both the Houses of	Parliament. Every bill has to pass through the same stages in
each House. A bill is a proposal for legislation and it becomes an	act or law when duly enacted.	Bills introduced in the Parliament are of two kinds: public bills
and private bills (also known as government bills and private	members’ bills respectively). Though both are governed by the	same general procedure and pass through the same stages in the
House, they differ in various respects as shown in Table 22.3.	The bills introduced in the Parliament can also be classified into	four categories:
1. Ordinary bills, which are concerned with any matter other	than financial subjects.	2. Money bills, which are concerned with the financial matters
like taxation, public expenditure, etc.	3. Financial bills, which are also concerned with financial	matters (but are different from money bills).
4. Constitution amendment bills, which are concerned with the	amendment of the provisions of the Constitution.	The Constitution has laid down separate procedures for the
enactment of all the four types of bills. The procedures with regard	to ordinary bills, money bills and financial bills are explained here.	The procedure with regard to Constitution amendment bills is
explained in detail in Chapter 10.	Ordinary Bills	Every ordinary bill has to pass through the following five stages in
the Parliament before it finds a place on the Statute Book:	1. First Reading	An ordinary bill can be introduced in either House of Parliament.
Such a bill can be introduced either by a minister or by any other	member. The member who wants to introduce the bill has to ask	for the leave of the House. When the House grants leave to
title and objectives. No discussion on the bill takes place at this	stage. Later, the bill is published in the Gazette of India. If a bill is	published in the Gazette before its introduction, leave of the
House to introduce the bill is not necessary.18 The introduction of	the bill and its publication in the Gazette constitute the first	reading of the bill.
Table 22.3 Public Bill vs Private Bill	Public Bill Private Bill	1. It is introduced in the 1. It is introduced by any
Parliament by a minister. member of Parliament other	than a minister.	2. It reflects of the policies of 2. It reflects the stand of
the government (ruling opposition party on public	party). matter.	3. It has greater chance to be 3. It has lesser chance to be
approved by the Parliament. approved by the Parliament.	4. Its rejection by the House 4. Its rejection by the House	amounts to the expression has no implication on the
of want of parliamentary parliamentary confidence in	confidence in the the government or its	government and may lead resignation.
to its resignation.	5. Its introduction in the House 5. Its introduction in the House	requires seven days’ notice. requires one month’s notice.
6. It is drafted by the 6. Its drafting is the	concerned department in responsibility of the member	consultation with the law concerned.
department.	2. Second Reading	During this stage, the bill receives not only the general but also
stage involves three more sub-stages, namely, stage of general	discussion, committee stage and consideration stage.	(a) Stage of General Discussion
The printed copies of the bill are distributed to all the members.	The principles of the bill and its provisions are discussed	generally, but the details of the bill are not discussed.
At this stage, the House can take any one of the following four	actions:	(i) It may take the bill into consideration immediately or on
some other fixed date;	(ii) It may refer the bill to a select committee of the House;	(iii) It may refer the bill to a joint committee of the two Houses;
and	(iv) It may circulate the bill to elicit public opinion.	A Select Committee consists of members of the House where
the bill has originated and a joint committee consists of members	of both the Houses of Parliament.	(b) Committee Stage
The usual practice is to refer the bill to a select committee of the	House. This committee examines the bill thoroughly and in detail,	clause by clause. It can also amend its provisions, but without
altering the principles underlying it. After completing the scrutiny	and discussion, the committee reports the bill back to the House.	(c) Consideration Stage
The House, after receiving the bill from the select committee,	considers the provisions of the bill clause by clause. Each clause	is discussed and voted upon separately. The members can also
move amendments and if accepted, they become part of the bill.	3. Third Reading	At this stage, the debate is confined to the acceptance or rejection
of the bill as a whole and no amendments are allowed, as the	general principles underlying the bill have already been	scrutinised during the stage of second reading. If the majority of
presiding officer of the House and transmitted to the second	House for consideration and approval. A bill is deemed to have	been passed by the Parliament only when both the Houses have
agreed to it, either with or without amendments.	4. Bill in the Second House	In the second House also, the bill passes through all the three
stages, that is, first reading, second reading and third reading.	There are four alternatives before this House:	(a) it may pass the bill as sent by the first house (ie, without
amendments);	(b) it may pass the bill with amendments and return it to the first	House for reconsideration;
(c) it may reject the bill altogether; and	(d) it may not take any action and thus keep the bill pending.	If the second House passes the bill without any amendments or
the first House accepts the amendments suggested by the second	House, the bill is deemed to have been passed by both the	Houses and the same is sent to the president for his assent. On
the other hand, if the first House rejects the amendments	suggested by the second House or the second House rejects the	bill altogether or the second House does not take any action for
six months, a deadlock is deemed to have taken place. To resolve	such a deadlock, the president can summon a joint sitting of the	two Houses. If the majority of members present and voting in the
joint sitting approves the bill, the bill is deemed to have been	passed by both the Houses.	5. Assent of the President
Every bill after being passed by both Houses of Parliament either	singly or at a joint sitting, is presented to the president for his	assent. There are three alternatives before the president:
(a) he may give his assent to the bill; or	(b) he may withhold his assent to the bill; or	(c) he may return the bill for reconsideration of the Houses.
If the president gives his assent to the bill, the bill becomes an	act and is placed on the Statute Book. If the President withholds	his assent to the bill, it ends and does not become an act. If the
both the Houses again with or without amendments and	presented to the President for his assent, the president must give	his assent to the bill. Thus, the President enjoys only a
“suspensive veto.”19	Money Bills	Article 110 of the Constitution deals with the definition of money
bills. It states that a bill is deemed to be a money bill if it contains	‘only’ provisions dealing with all or any of the following matters:	1. The imposition, abolition, remission, alteration or regulation
of any tax;	2. The regulation of the borrowing of money by the Union	government;
3. The custody of the Consolidated Fund of India or the	contingency fund of India, the payment of moneys into or the	withdrawal of money from any such fund;
4. The appropriation of money out of the Consolidated Fund of	India;	5. Declaration of any expenditure charged on the Consolidated
Fund of India or increasing the amount of any such	expenditure;	6. The receipt of money on account of the Consolidated Fund
of India or the public account of India or the custody or issue	of such money, or the audit of the accounts of the Union or	of a state; or
7. Any matter incidental to any of the matters specified above.	However, a bill is not to be deemed to be a money bill by	reason only that it provides for:
1. the imposition of fines or other pecuniary penalties, or	2. the demand or payment of fees for licenses or fees for	services rendered; or

3. It should be restricted to a specific matter of recent

occurrence and should not be framed in general terms;

4. It should not raise a question of privilege;

5. It should not revive discussion on a matter that has been

discussed in the same session;

6. It should not deal with any matter that is under adjudication

by court; and

7. It should not raise any question that can be raised on a

distinct motion.

No-Confidence Motion

Article 75 of the Constitution says that the council of ministers

shall be collectively responsible to the Lok Sabha. It means that

the ministry stays in office so long as it enjoys confidence of the

majority of the members of the Lok Sabha. In other words, the Lok

Sabha can remove the ministry from office by passing a no-

confidence motion. The motion needs the support of 50 members

to be admitted.

Confidence Motion

The motion of confidence has come up as a new procedural

device to cope with the emerging situations of fractured mandates

resulting in hung parliament, minority governments and coalition

governments. The governments formed with wafer-thin majority

have been called upon by the President to prove their majority on

the floor of the House. The government of the day, sometimes, on

its own, seeks to prove its majority by moving a motion of

confidence and winning the confidence of the House. If the

confidence motion is negatived, it results in the fall of the

government15a.

Censure Motion

A censure motion is different from a no-confidence motion as

shown in Table 22.2.

Motion of Thanks

The first session after each general election and the first session

government in the preceding year and ensuing year. This address

of the president, which corresponds to the ‘speech from the

Throne in Britain’, is discussed in both the Houses of Parliament

on a motion called the ‘Motion of Thanks’. At the end of the

discussion, the motion is put to vote. This motion must be passed

in the House. Otherwise, it amounts to the defeat of the

government. This inaugural speech of the president is an

occasion available to the members of Parliament to raise

discussions and debates to examine and criticise the government

and administration for its lapses and failures.

No-Day-Yet-Named Motion

It is a motion that has been admitted by the Speaker but no date

has been fixed for its discussion. The Speaker, after considering

the state of business in the House and in consultation with the

leader of the House or on the recommendation of the Business

Advisory Committee, allots a day or days or part of a day for the

discussion of such a motion.

Dilatory Motion

It is a motion for the adjournment of the debate on a bill / motion /

resolution etc. or a motion to retard or delay the progress of a

business under consideration of the House. It can be moved by a

member at any time after a motion has been made. The debate

on a dilatory motion must be restricted to the matter contained in

such motion. If the Speaker is of the opinion that such a motion is

an abuse of the rules of the House, he may either forthwith put the

question thereon or decline to propose the question.

Point of Order

A member can raise a point of order when the proceedings of the

House do not follow the normal rules of procedure. A point of

order should relate to the interpretation or enforcement of the

Rules of the House or such articles of the Constitution that

regulate the business of the House and should raise a question

that is within the cognizance of the Speaker. It is usually raised by

extraordinary device as it suspends the proceedings before the

House. No debate is allowed on a point of order.

Table 22.2 Censure Motion vs No Confidence Motion

Censure Motion No-Confidence Motion

1. It should state the reasons 1. It need not state the

for its adoption in the Lok reasons for its adoption in

Sabha. the Lok Sabha.

2. It can be moved against an 2. It can be moved against the

individual minister or a entire council of ministers

group of ministers or the only.

entire council of ministers.

3. It is moved for censuring 3. It is moved for ascertaining

the council of ministers for the confidence of Lok

specific policies and Sabha in the council of

actions. ministers.

4. If it is passed in the Lok 4. If it is passed in the Lok

Sabha, the council of Sabha, the council of

ministers need not resign ministers must resign from

from the office. office.

Half-an-Hour Discussion

It is meant for discussing a matter of sufficient public importance,

which has been subjected to a lot of debate and the answer to

which needs elucidation on a matter of fact. The Speaker can allot

three days in a week for such discussions. There is no formal

motion or voting before the House.

Short Duration Discussion

It is also known as two-hour discussion as the time allotted for

such a discussion should not exceed two hours. The members of

the Parliament can raise such discussions on a matter of urgent

public importance. The Speaker can allot two days in a week for

Special Mention

A matter which is not a point of order or which cannot be raised

during question hour, half-an hour discussion, short duration

discussion or under adjournment motion, calling attention notice

or under any rule of the House can be raised under the special

mention in the Rajya Sabha. Its equivalent procedural device in

the Lok Sabha is known as ‘Notice (Mention) Under Rule 377’.

Resolutions

The members can move resolutions to draw the attention of the

House or the government to matters of general public interest.

The discussion on a resolution is strictly relevant to and within the

scope of the resolution. A member who has moved a resolution or

amendment to a resolution cannot withdraw the same except by

leave of the House.

Resolutions are classified into three categories:16

1. Private Member’s Resolution: It is one that is moved by a

private member (other than a minister). It is discussed only

on alternate Fridays and in the afternoon sitting.

2. Government Resolution: It is one that is moved by a

minister. It can be taken up any day from Monday to

Thursday.

3. Statutory Resolution: It can be moved either by a private

member or a minister. It is so called because it is always

tabled in pursuance of a provision in the Constitution or an

Act of Parliament.

Resolutions are different from motions in the following respects:

“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.”17

Youth Parliament

The scheme of Youth Parliament was started on the

objectives are:

1. to acquaint the younger generations with practices and

procedures of Parliament;

2. to imbibe the spirit of discipline and tolerance cultivating

character in the minds of youth; and

3. to inculcate in the student community the basic values of

democracy and to enable them to acquire a proper

perspective on the functioning of democratic institutions.

The ministry of parliamentary affairs provides necessary

LEGISLATIVE PROCEDURE IN PARLIAMENT

The legislative procedure is identical in both the Houses of

Parliament. Every bill has to pass through the same stages in

each House. A bill is a proposal for legislation and it becomes an

act or law when duly enacted.

Bills introduced in the Parliament are of two kinds: public bills

and private bills (also known as government bills and private

members’ bills respectively). Though both are governed by the

same general procedure and pass through the same stages in the

House, they differ in various respects as shown in Table 22.3.

The bills introduced in the Parliament can also be classified into

four categories:

1. Ordinary bills, which are concerned with any matter other

than financial subjects.

2. Money bills, which are concerned with the financial matters

like taxation, public expenditure, etc.

3. Financial bills, which are also concerned with financial

matters (but are different from money bills).

4. Constitution amendment bills, which are concerned with the

amendment of the provisions of the Constitution.

The Constitution has laid down separate procedures for the

enactment of all the four types of bills. The procedures with regard

to ordinary bills, money bills and financial bills are explained here.

The procedure with regard to Constitution amendment bills is

explained in detail in Chapter 10.

Ordinary Bills

Every ordinary bill has to pass through the following five stages in

the Parliament before it finds a place on the Statute Book:

1. First Reading

An ordinary bill can be introduced in either House of Parliament.

Such a bill can be introduced either by a minister or by any other

member. The member who wants to introduce the bill has to ask

for the leave of the House. When the House grants leave to

title and objectives. No discussion on the bill takes place at this

stage. Later, the bill is published in the Gazette of India. If a bill is

published in the Gazette before its introduction, leave of the

House to introduce the bill is not necessary.18 The introduction of

the bill and its publication in the Gazette constitute the first

reading of the bill.

Table 22.3 Public Bill vs Private Bill

Public Bill Private Bill

1. It is introduced in the 1. It is introduced by any

Parliament by a minister. member of Parliament other

than a minister.

2. It reflects of the policies of 2. It reflects the stand of

the government (ruling opposition party on public

party). matter.

3. It has greater chance to be 3. It has lesser chance to be

approved by the Parliament. approved by the Parliament.

4. Its rejection by the House 4. Its rejection by the House

amounts to the expression has no implication on the

of want of parliamentary parliamentary confidence in

confidence in the the government or its

government and may lead resignation.

to its resignation.

5. Its introduction in the House 5. Its introduction in the House

requires seven days’ notice. requires one month’s notice.

6. It is drafted by the 6. Its drafting is the

concerned department in responsibility of the member

consultation with the law concerned.

department.

2. Second Reading

During this stage, the bill receives not only the general but also

stage involves three more sub-stages, namely, stage of general

discussion, committee stage and consideration stage.

(a) Stage of General Discussion

The printed copies of the bill are distributed to all the members.

The principles of the bill and its provisions are discussed

generally, but the details of the bill are not discussed.

At this stage, the House can take any one of the following four

actions:

(i) It may take the bill into consideration immediately or on

some other fixed date;

(ii) It may refer the bill to a select committee of the House;

(iii) It may refer the bill to a joint committee of the two Houses;

and

(iv) It may circulate the bill to elicit public opinion.

A Select Committee consists of members of the House where

the bill has originated and a joint committee consists of members

of both the Houses of Parliament.

(b) Committee Stage

The usual practice is to refer the bill to a select committee of the

House. This committee examines the bill thoroughly and in detail,

clause by clause. It can also amend its provisions, but without

altering the principles underlying it. After completing the scrutiny

and discussion, the committee reports the bill back to the House.

(c) Consideration Stage

The House, after receiving the bill from the select committee,

considers the provisions of the bill clause by clause. Each clause

is discussed and voted upon separately. The members can also

move amendments and if accepted, they become part of the bill.

3. Third Reading

At this stage, the debate is confined to the acceptance or rejection

of the bill as a whole and no amendments are allowed, as the

general principles underlying the bill have already been

scrutinised during the stage of second reading. If the majority of

presiding officer of the House and transmitted to the second

House for consideration and approval. A bill is deemed to have

been passed by the Parliament only when both the Houses have

agreed to it, either with or without amendments.

4. Bill in the Second House

In the second House also, the bill passes through all the three

stages, that is, first reading, second reading and third reading.

There are four alternatives before this House:

(a) it may pass the bill as sent by the first house (ie, without

amendments);

(b) it may pass the bill with amendments and return it to the first

House for reconsideration;

(c) it may reject the bill altogether; and

(d) it may not take any action and thus keep the bill pending.

If the second House passes the bill without any amendments or

the first House accepts the amendments suggested by the second

House, the bill is deemed to have been passed by both the

Houses and the same is sent to the president for his assent. On

the other hand, if the first House rejects the amendments

suggested by the second House or the second House rejects the

bill altogether or the second House does not take any action for

six months, a deadlock is deemed to have taken place. To resolve

such a deadlock, the president can summon a joint sitting of the

two Houses. If the majority of members present and voting in the

joint sitting approves the bill, the bill is deemed to have been

passed by both the Houses.

5. Assent of the President

Every bill after being passed by both Houses of Parliament either

singly or at a joint sitting, is presented to the president for his

assent. There are three alternatives before the president:

(a) he may give his assent to the bill; or

(b) he may withhold his assent to the bill; or

(c) he may return the bill for reconsideration of the Houses.

If the president gives his assent to the bill, the bill becomes an

act and is placed on the Statute Book. If the President withholds

his assent to the bill, it ends and does not become an act. If the

both the Houses again with or without amendments and

presented to the President for his assent, the president must give

his assent to the bill. Thus, the President enjoys only a

“suspensive veto.”19

Money Bills

Article 110 of the Constitution deals with the definition of money

bills. It states that a bill is deemed to be a money bill if it contains

‘only’ provisions dealing with all or any of the following matters:

1. The imposition, abolition, remission, alteration or regulation

of any tax;

2. The regulation of the borrowing of money by the Union

government;

3. The custody of the Consolidated Fund of India or the

contingency fund of India, the payment of moneys into or the

withdrawal of money from any such fund;

4. The appropriation of money out of the Consolidated Fund of

India;

5. Declaration of any expenditure charged on the Consolidated

Fund of India or increasing the amount of any such

expenditure;

6. The receipt of money on account of the Consolidated Fund

of India or the public account of India or the custody or issue

of such money, or the audit of the accounts of the Union or

of a state; or

7. Any matter incidental to any of the matters specified above.

However, a bill is not to be deemed to be a money bill by

reason only that it provides for:

1. the imposition of fines or other pecuniary penalties, or

2. the demand or payment of fees for licenses or fees for

services rendered; or