Calling Attention In Parliament

Calling Attention Calling Attention to Matters of Urgent Public Importance What is a Calling Attention? 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 or ask for time to make a statement at a later hour or date.

Notice 2. Notice of a calling attention should be given, in writing, addressed to the Secretary-General and copies thereof endorsed separately to: (i) the Speaker, and (ii) the Minister concerned. Standard forms for giving notice are available in Parliamentary Notice Office. 3. Normally, a member should not give more than two calling attention notices for any one sitting. Notice signed by more than one member is deemed to have been given by the first signatory only. When to table the notice? 4. Calling attention notices can be tabled from the date specified in Bulletin-Part II circulated to members alongwith Summons for the session. Normally, the notices are entertained three working days before the commencement of the session. Notices received prior to that date are not considered valid and are returned to members. Validity of Notices 6. All notices received are valid for the week in which these have been tabled. Notices received upto 10.00 hours on the last day of the week on which the House sits and not selected by the Speaker during that week automatically lapse. No intimation about notices which lapse in the ordinary course is given to the members. However, the members may, if they so desire, revive their notices for the following week by giving fresh notices on the subjects. Notices on a subject which have either been admitted for any subsequent sitting during the following week or referred to the Government for furnishing facts do not, however, lapse. 7. The notices for the following week can be given only after 10.00 hours on the last day of the week on which the House sits, and are valid for the entire following week. Selection of Notices 8. All calling attention notices received from day to day in a week are placed before the Speaker daily. These include notices received upto 10.00 hours on the day on which the notices are placed before the Speaker. The Speaker goes through those notices and may select one matter which in his opinion is more urgent and important, for the following day. 9. Ordinarily, only one matter is taken up on a day. In certain cases, however, the Speaker may select two such matters to be taken up at one sitting. Not more than two such matters can be raised at the same sitting. Ballot of Admitted Notices 10. Names of not more than five members are shown on a calling attention in the List of Business. Where the number of members who have given notice on a subject selected by the Speaker is more than five, a ballot is held to determine the inter se priority of five members in whose names the item is to be included in the List of Business. If the number of members giving notices on a subject selected by the Speaker is five or less, their inter se priority is determined with reference to the date and time of receipt of the notices. However, if more than one notice is received at the same point of time, a ballot is held to determine their inter se priority. 11. In the ballot, the names of all the members whose notices on the subject selected by the Speaker have been received upto 10.00 hours on the day (upto the time of selection in case a calling attention is selected for the following week on the last/or any sitting day of the week)

are included. As soon as the calling attention is admitted and ballot held, the Minister concerned and the members who have secured priority in the ballot are informed. Entry in the List of Business 12. Names of members who have secured priority in the ballot are shown against the item when it is included in the List of Business for a particular day. 13. If a member has any objection to his name being shown on the calling attention in the form in which it has been admitted by the Speaker, he may inform the Lok Sabha Secretariat, immediately (but not later than the time when the House rises for the day, preceding the day on which calling attention is scheduled to be taken up), in writing that his name may not be shown on the calling attention in the List of Business. When to call the attention of Minister? 14. The member whose name appears first on the entry in the List of Business, when called by the Speaker, calls the attention of the Minister by reading out th subject from the prescribed form which is handed over to him by the Lobby Officer in advance of the item being taken up in the House.

15. In case the member whose name appears first in the List of Business is not present, the attention is called by the member whose name appears next and so on and so forth. In case all the members in whose names the item has been included are absent, the Minister is not required to make the statement. However, there is no bar if the Minister chooses to make a suo motu statement on the subject or lay a copy thereof on the Table of the House. There is, however, no provision a member to authorise any other member whose name is not included in the List of Business to call the attention on his behalf. 16. After the member has called the attention, the Minister makes a brief statement in response thereto. 17. Copies of the statement to be made by the Minister in response to calling attention are supplied members, in whose names the item stands in the List of Business in advance on the day on which the item is to be taken up.

18. No debate is permitted on such a statement at the time it is made but each member in whose name the item stands in the List of Business is permitted ask a brief clarificatory question. 19. The member who calls the attention may take not more than ten minutes and other members not more than five minutes each. The Minister replies the end to all the clarificatory questions asked members and the total time taken on a Calling Attention on a day is restricted to half-an-hour to forty-five minutes. 20. A member whose name does not appear on the calling attention in the List of Business is not permitted to ask a question or seek any clarification. [Calling Attention notices are governed by Rule 197 of the Rules of Procedure and Conduct of Business in Lok Sabha and Directions 47A and 2(xxii) of Directions by the Speaker. QUESTIONS ON THE COMPOSITION OF LOK SABHA Question 13. What is the strength of Lok Sabha as prescribed in the Constitution? Answer.

The maximum strength of the Lok Sabha as envisaged by the Constitution is 552 - not more than 530 members chosen by direct election from territorial constituencies in the States, not more than 20 members to represent the Union territories [Article 81]; and not more than two members of the AngloIndian community to be nominated by the President, if he is of the opinion that the Anglo-Indian community is not adequately represented in the Lok Sabha [Article 331].

Question 14.What is the life of the Lok Sabha? Answer.

The normal life of the Lok Sabha is five years, but it may be dissolved earlier by the President.

The normal term can be extended by an act passed by

Parliament itself during the period when a proclamation of emergency under article 352 of the Constitution remains in operation.

This period may be

extended by Parliament for a period not exceeding one year at a time and not exceeding in any case beyond proclamation has ceased to operate.

a period of six months after the

Question 15. What is the quorum of Lok Sabha? Answer.

The quorum to constitute a sitting of the House under article 100(3) is onetenth of the total number of members of the House.

Question 16. Which is the party having the largest number of members in the fourteenth Lok Sabha? Answer. The Indian National Congress Party is the party having the largest number of members in the House followed by the Bharatiya Janata Party.

QUESTIONS ON THE OFFICERS OF LOK SABHA Question 17. Who is the Presiding Officer of the Lok Sabha? Answer.

The Speaker and the Deputy Speaker are the Presiding Officers of the Lok Sabha.

Question 18. What is the term of the Office of the Speaker? Answer.

The Speaker holds office from the date of his election till the first sitting of the Lok Sabha after the dissolution of the one to which he was elected.

Question 19. Who presides over the Lok Sabha when the Speaker is absent from the sitting of the House?

Answer.

The Deputy Speaker presides over the Lok Sabha when the Speaker is absent from the sitting of the House.

Question 20. Who presides over the Lok Sabha when both the Speaker's and the Deputy Speaker's offices fall vacant?

Answer.

When the Offices of both the Speaker and the Deputy Speaker fall vacant, the duties of the Office of the Speaker are performed by such member of

the Lok Sabha as the President may appoint for the purpose. The person so appointed is known as the Speaker pro tem. Question 21. Who presides over the House in the absence of both the Speaker and the Deputy Speaker?

Answer.

The Rules of Procedure and Conduct of Business in Lok Sabha provide that at the commencement of the House or from time to time, as the case may be, the Speaker shall nominate from amongst the members a panel of not more than ten Chairmen, anyone of whom may preside over the House in the absence of the Speaker and the Deputy Speaker when so requested by the Speaker or, in his absence, by the Deputy Speaker.

Question 22. Who is the present Speaker of the Lok Sabha? Answer.

Shri Somnath Chatterjee.

Question 23. Who is the present Deputy Speaker of the Lok Sabha? Answer

Shri Charnjeet Singh Atwal

Question 24. Who is the Leader of the House in the Fourteenth Lok Sabha?

Answer.

Shri Pranab Mukherjee

Question 25. Who is the leader of the Opposition in Lok Sabha? Answer.

Shri Lal Krishna Advani

Question 26. Who is the President of the Indian Parliamentary Group (IPG)?

Answer.

The Speaker is the ex-officio President of the Indian Parliamentary Group.

Question 27. Who is the Secretary-General of the Lok Sabha? Answer.

Shri P.D.T. Achary

QUESTIONS ON MEMBERS OF LOK SABHA

Question 28. How are the members of the Lok Sabha elected? Answer.

The members of the Lok Sabha are elected through general elections, held on the basis of

universal adult suffrage. For this purpose the country is

divided into 543 parliamentary constituencies. When the seat of a member elected to the House becomes vacant or is declared vacant, or his election is declared void, the same is filled through by-election.

Question 29. What are the qualifications to become a member of the Lok Sabha?

Answer.

To become a member of the Lok Sabha,

a person should be a citizen of

India, not less than 25 years of age and possess such other qualifications as may be prescribed by or under any law made by Parliament [Article 84].

Question 30. How many members are nominated to the Lok Sabha? Answer.

The President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the Lok Sabha, nominate not more than two members of that community to the Lok Sabha. [Article 331]

Question 31. Who are the nominated members of the Fourteenth Lok Sabha?

Answer.

In the Fourteenth Lok Sabha, two members, i.e. Smt. Ingrid Mcleod and Shri Francis Fanthome are nominated members.

Question 32. Currently who is the longest serving member in Lok Sabha?

Answer.

Shri Atal Bihari Vajpayee

QUESTIONS ON ROLE AND FUNCTIONS OF LOK SABHA

Question 34. What are the powers of Lok Sabha relating to Money Bills? Answer.

A Bill is deemed to be a 'Money Bill' if it contains only provisions dealing with all or any of the followings matters: (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money by the Government; (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund; payments of moneys into or the withdrawal of moneys from any such fund; (d) the appropriation of moneys out of the Consolidated Fund of India; (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; (f) 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 (g) any matter incidental to any of the matters specified in subclauses (a) to (f) [Art.110].

A Money Bill can be introduced only in the Lok

Sabha.

The Rajya Sabha cannot make amendments in a Money Bill passed by the Lok Sabha and transmitted to it.

It can, however, recommend

amendments in a Money Bill. It is open to the Lok Sabha to accept or reject any or all of the recommendations of Money Bill.

the Rajya Sabha with regard to a

If the Lok Sabha accepts any of the recommendations of the

Rajya Sabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by the Rajya Sabha and accepted by the Lok

Sabha

and

if

the

Lok

Sabha

does

not

accept

any

of

the

recommendations of the Rajya Sabha, the Money Bill is deemed to have

been passed by both Houses in the form in which it was passed by the Lok Sabha without any of the amendments recommended by the Rajya Sabha. If a Money Bill

passed by

the Lok Sabha and transmitted to the Rajya

Sabha is not returned to the Lok Sabha within the said period of fourteen days, it is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Lok Sabha.

Question 35. What is the legislative relationship between the Lok Sabha and the Rajya Sabha? Answer.

In Legislative matters, both the Houses enjoy almost equal powers except in the case of Money Bills.

The main function of both the Houses is to pass

laws. Every Bill has to be passed by both the Houses and assented to by the President before it becomes law. In case of Money Bills, the Lok Sabha has the overriding powers. Money Bills cannot be introduced in the Rajya Sabha and are deemed to have been passed if these are not returned to the Lok Sabha within fourteen days. Question 36. Is any deadlock between the two Houses possible? Answer.

Yes. In the case of Bills other than Money Bills and the Constitution Amendment Bills, a disagreement between the two Houses may arise when a Bill passed by one House is rejected by the other House; or the Houses have finally disagreed as to the amendments to be made in the Bill; or more than six months have elapsed from the date of the receipt of the Bill by the other House without the Bill being passed by it.

Question 37. What is the mechanism for resolving the deadlock between the two Houses?

Answer.

A joint sitting of both Houses

is convened for this purpose. [Article 108]

Question 38. How many joint sittings of the Houses have been convened so far?

Answer.

So far, joint sittings of the two Houses have taken place on three occasions. The first joint sitting was held on 6 and 9 May 1961, following disagreement between the two Houses over certain amendments to the Dowry Prohibition Bill, 1959.

The second joint sitting was held on 16 May, 1978, following

rejection by the Rajya Sabha of the Banking Service Commission (Repeal) Bill, 1977.

The third joint sitting was held on 26 March 2002 when the

motion to consider the

Prevention of Terrorism Bill, 2002, seeking to

replace the Prevention of Terrorism Ordinance (POTO) as passed by the Lok Sabha was rejected by the Rajya Sabha.

This sitting was held for the

purpose of deliberating and voting on the Prevention of Terrorism Bill, 2002.

Question 39. Who presides over the joint sitting of the two Houses? Answer.

The Speaker, Lok Sabha presides over the joint sitting of the two Houses. [Article 118(4)]

Question 40. Does the Speaker have the right to vote? Answer.

The Speaker has a casting vote in case of a tie.

Question 41. How many sessions of the Lok Sabha are held in a year? Answer. Normally three sessions of Lok Sabha are held in a year, viz.,

(1)

Budget Session

(2)

Autumn or Monsoon Session

(3)

Winter Session

February - May

July - August

November - December

Question 42. When was the last all-night sitting of the Lok Sabha held?

Answer.

It was on 30 April, 2002, when the House sat from 11.00 hrs. to 04.25 hrs. (1 May, 2002) in connection with the discussion on the Motion under Rule 184 re. Situation in Gujarat.

Question 43. What is Adjournment, Prorogation and Dissolution of the Lok Sabha? Answer.

An adjournment terminates the sitting of the House which meets again at the time appointed for the next sitting. An adjournment also signifies brief break of the sitting of the House which re-assembles at the appointed time on the same day. Prorogation means the termination of a session of the House by an order made by the President under article 85(2)(a) of the Constitution. Usually, prorogation follows the adjournment of the sitting of the House sine die. Dissolution of the House means the end of the life of the Lok Sabha either by an order made by the

President under article 85 (2) (b) of the

Constitution or on the expiration of the period of five years from the date appointed for its first meeting. Question 44. What are the methods of voting in the Lok Sabha? Answer.

The procedure regarding Voting and Divisions in the House is governed by article 100(1) of the Constitution and Rules 367, 367A, 367AA and 367B of the Rules of Procedure and conduct of Business in Lok Sabha. The various methods adopted for voting in the Lok Sabha are:

(i)

Voice Vote: It is a simple method for deciding a question put by the

Chair on motion made by

a member.

Under this method, the question

before the House is determined by the `Ayes' or the `Noes', as the case may be.

(ii)

Division: There are three methods of holding a Division, i.e. (a) by

operating the Automatic Vote Recording Equipment, (b) by distributing

`Ayes' and `Noes' slips in the House, and (c) by members going into the Lobbies. However, the method of recording of votes in Lobbies has become obsolete ever since the installation of the Automatic Vote Recording Machine.

(iii)

Secret Ballot: Secret voting, if any, is on similar lines except that

the Light Emitting Diode (LED) on Individual Result Display Panel flashes only the amber light to show that the vote has been recorded.

During an 'open' voting period, the individual result are shown by the three characters 'A', 'N' and 'O' on the Individual Result Display Panel, but during a secret voting, only the votes cast are shown by 'P' sign in amber light.

(iv)

Recording of votes by distribution of slips:

The method of

recording of votes by members on `Aye' and `No' slips is generally resorted to in the eventuality of (i) sudden failure of the working of Automatic Vote Recording Equipment, and (ii) at the commencement of the new Lok Sabha, before the seats/division numbers have been allotted to members.

(v)

Physical count of Members in their places instead of a formal

division: If in the opinion of the Chair, a 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 particulars

of voting of

members are not recorded.

(vi)

Casting Vote: If in a Division the number of `Ayes' and `Noes' is

equal, the question is decided by the casting vote of the Chair. Under the

Constitution, the Speaker or the person acting as such cannot vote in a Division, he has only a casting vote which he must exercise in the case of equality of votes.

Question 45. What is the Question-Hour of the House? Answer.

Generally, the first hour of every sitting of

the House, devoted to asking

and answering questions, is called the `Question Hour'.

Question 46. What are Starred, Unstarred, Short Notice Questions and Questions to Private Members?

Answer.

A Starred Question is one to which a member desires an oral answer in the House.

It is distinguished by an

asterik.

To a starred question,

members can put supplementaries, answers to which are given by the Minister on the floor of the House.

Unstarred Question is one to which a written answer is desired by the member and is deemed to be laid on the Table of the House by the Minister.

A Short Notice Question is a question relating to a matter of public importance asked for oral answer by a member at a notice shorter than ten clear days. If the Speaker is of the opinion that the question is of an urgent nature, the Minister concerned is asked if he is in a position to reply to the question at a shorter notice, and if so, on what date. concerned agrees to

If the Minister

reply, such a question is answered on a day to be

indicated by him immediately after the questions which appeared on the list of questions for oral answer are disposed of. A question may also be addressed to a Private Member provided that 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 questions is the same as that followed in the case of questions addressed to a Minister with such variations as the Speaker may consider necessary.

Question 47. What is the total limit of questions admitted for a particular day?

Answer.

The total number of questions in a starred list for a day is 20. All admitted Starred Questions, which do not find a place in the Starred List of Questions, may be considered for Unstarred List of that day. The total number of questions in the Unstarred List of any one day does not normally exceed 230. However, the number may exceed by a maximum of 25 questions pertaining to State/States under the President's Rule.

Question 48. Who decides the admissibility of questions?

Answer.

Admissibility of the questions is governed by Rules, Directions by the Speaker as also precedents.

The Speaker, Lok Sabha decides whether a

question, or a part thereof, is or is not admissible under the Rules. He may disallow any question, or a part thereof, when in his opinion, it is an abuse of the right of questioning or is calculated to obstruct or prejudicially affect the procedure of the House or is in contravention of the Rules. The right to ask a question is governed by certain conditions like it should be pointed, specific and confined to one issue only. inferences,

ironical

expressions,

It should not contain arguments,

imputations,

epithets

or

defamatory

statements.

Question 49. How many types of committees are there in the Lok Sabha?

Answer

Parliamentary Committees are of two kinds: Standing Committees.

Ad hoc Committees and the

Ad hoc Committees are constituted by the House or by the Presiding officers, singly or jointly for a specific purpose and cease to exist when they finish the task assigned to them and submit a report.

The usual Ad hoc

committees are the Select/Joint Committees on Bills and others like, the Railway Convention Committee, set up to review the rate of dividend payable by Railways to the General Revenues and those constituted

to

enquire into and report on specific subjects. The Standing Committees are those Committees which are either elected by the House or nominated by the Presiding Officer(s) (i.e., The Speaker in case of the Lok Sabha and the Chairman in the case of the Rajya Sabha) periodically and are permanent in nature. The Standing Committees of the Lok

Sabha

are

:

Business

Advisory

Committee,

General

Purposes

Committee, Committee on Government Assurances, House Committee, Committee on Petitions, Committee on Subordinate Legislation, Committee on Papers Laid on the Table, Committee on Privileges, Committee on Absence of Members from the Sittings of the House, Committee on Estimates, Committee on Private Members Bills and Resolutions and Rules Committee. Some of the Standing Committees of Lok Sabha are joint Committees as members of both the Houses of Parliament are nominated/elected to them. Such committees include: Committee on Public Accounts, Committee on Public Undertakings, Committee on the

Welfare of Scheduled Castes and

Scheduled Tribes, Joint Committee on Offices of Profit, Joint Committee on Salaries

and

Allowances

of

Members

of

Parliament,

Empowerment of Women and Library Committee.

Committee

on

Besides, there are

Departmentally related Standing Committees (DRSCs). Question 50. What are Departmentally related Standing Committees? Answer.

These Committees, as their name suggests, consider and report on the working/demands for grants of the Ministries/Departments assigned to them. These Committees also consider, examine and report on the national basic long term policy documents presented to the Houses, and such Bills as are referred to it by the Chairman or the Speaker. There are twenty four

such Committees, each consisting of not more than thirty one members, out of which twenty one members are nominated by the Speaker, Lok Sabha and ten members are nominated by the Chairman, Rajya Sabha. Of the twenty four DRSCs, sixteen Committees function under the administrative control of the Speaker, Lok Sabha and eight Committees under the administrative control of the Chairman, Rajya Sabha.

Question 51. Which are the Departmentally related Standing Committees attached to the Lok Sabha?

Answer.

The sixteen Departmentally related Standing Committees functioning under the administrative control of the Speaker, Lok Sabha are: Agriculture;

Committee

on Communications;

Committee

Committee on on Defence;

Committee on Energy; Committee on External Affairs; Committee on Finance; Committee on Food; Civil Supplies and Public Distribution; Committee on Labour & Welfare; Committee on Petroleum and Chemicals; Committee on Railways; Committee on Water Resources; Committee on Chemicals and Fertilizers; Committee on Coal and Steel; Committee on Social Justice and Empowerment; Committee on Urban Development; and Committee on Rural Development.

QUESTIONS RELATING TO LEGISLATION Question 52. What is a Bill? Answer.

A Bill is the draft of a legislative proposal brought before the House for its approval.

Question 53. What are the types of Bills?

Answer.

The Bills initiated by Ministers are called Government Bills and those introduced by members who are not Ministers, are known as Private Members' Bills. Depending on their contents, Bills may further be classified broadly into (a) Original Bills, which embody new proposals, (b) Amending Bills, which seek to amend the existing Acts, (c) Consolidating Bills, which seek to consolidate existing laws on a particular subject, (d) Expiring Laws (Continuance) Bills, which, otherwise, would expire on a specified date, (e) Repealing Bills, (f) Bills to replace Ordinances, (g) Money and Financial Bills and (h) Constitution Amendment Bills.

Question 54. Who decides whether a Bill is an ordinary Bill or Money Bill?

Answer.

If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker, Lok Sabha, thereon, shall be final. If it is a Money Bill within the scope of article 110 of the Constitution, the Speaker shall endorse a certificate at the end of the Bill to that effect.

Question 55. What is the difference between a Bill and an Act? Answer

A Bill is a draft legislative proposal before the House.

It becomes an Act

only when passed by both the Houses of Parliament and assented to by the President.

Question 56. What are the various steps involved in the passage of a Bill? Answer.

A Bill while being considered has to undergo three stages in each House of Parliament. The first stage consists of the Introduction of the Bill which is done on a motion moved by either a Minister or a member. During the second stage any of the following motions can be moved: that the Bill be taken into consideration; that it be referred to a Select Committee of the House; that it be referred to a Joint Committee of the two Houses; or that it be circulated for the purpose of eliciting opinion thereon. Thereafter, the Bill is taken up for clause-by-clause consideration as introduced or as reported by the Select/Joint Committee.

The third stage is confined to the discussion on the motion that the Bill be passed and the Bill is passed/rejected either by voting or voice vote, or returned to the Lok Sabha, in the case of a Money Bill by Rajya Sabha. Question 57. What is Budget? Answer.

The Budget is the `Annual Financial Statement'

or the Statement of the

Estimated Receipts and Expenditure of the Government of India in respect of each financial year, presented to the Lok Sabha on such day as the President may direct. A copy of the Budget is laid in the Rajya Sabha soon after its presentation in the Lok Sabha. Question 58. What is the Budget Session of Parliament? Answer.

The Budget Session of Parliament is normally held during February to May of the year.

During this period, the Budget comes before Parliament for its

deliberation, voting and approval.

The Departmentally related Standing

Committees consider the demands for grants of Ministries/Departments and report on the same to the Houses of Parliament. Question 59. How many Budgets are usually presented in the Lok Sabha? Answer.

Two types of Budgets are usually presented in the House namely, the General Budget and the Railway Budget.

Question 60. Who presents the Budget in the House? Answer.

The General Budget is presented in the Lok Sabha by the Minister of Finance and the Railway Budget is presented in the House by the Minister of Railways.

PROCEDURAL DEVICES FOR RAISING MATTERS OF PUBLIC INTEREST Question 61. What is a Calling Attention ? Answer.

Under this procedural device, a member may, with the previous 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 or ask for time to

make a statement at a later hour or date. There can be no debate on such a statement at the time it is made. But, brief clarifications can be sought from the Minister by a member who has initiated the Calling Attention and other members who are called by the Speaker. procedure is an Indian innovation. supplementaries

and

making

The Calling Attention

It combines asking a question with

brief

comments.

In

this

Government gets adequate opportunity to state its case.

procedure, The calling

attention matter is not subject to the vote of the House.

Question 62. What is a Motion? Answer.

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. Motions may be classified into three broad categories namely substantive, substitute and subsidiary.

A substantive motion is a self-contained

independent proposal made in reference to a subject which the mover wishes to bring forward e.g., all Resolutions

are substantive

motions.

Substitute Motion as its name suggests is moved in substitution of the original motion for taking into consideration statement or any other matter.

a policy or situation or

Subsidiary Motion is a motion which

depends upon or relates to another motion or follows upon some proceedings in the House. By itself it has no meaning and is not capable of stating the decision of the House without reference to the original motion or proceedings of the House. Question 63. What is an Adjournment Motion? Answer.

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. The purpose of an Adjournment Motion is to take the Government to task for a recent act of omission or commission having serious consequences. adoption is regarded

Its

a sort of censure of the Government.

Question 64. What is Zero Hour? Answer.

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 `zero hour'.

As it starts around 12 noon, this period is

euphemistically termed as `zero hour'. For raising matters during the socalled zero hour in Lok Sabha, members give notice before 10 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 allow raising of such matters in the House.

The

term `zero hour' is not formally recognised in parliamentary procedures.

Question 65. What is a Motion of No-confidence? Answer.

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 Noconfidence 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.

Question 66. What is No-Day-Yet-Named Motion? Answer

The term 'Motion' in its wider sense means any proposal submitted to the House for obtaining its decision. Any matter of general public interest can be the subject matter of a motion. If the Speaker admits notice of a motion and no date is fixed for the discussion on such a motion, it is immediately

notified in the Bulletin Part II under the heading `No-Day-Yet-Named Motion'. The date and time is allotted for discussion on such motions by the Speaker, in consultation with the Leader of the House after taking into consideration the state of business before the House. Question 67. What is a Resolution? Answer

.A Resolution is the formal expression of opinion by the House. It may be in the form of a declaration of opinion, or a recommendation; or may be in the form so as to record either approval or disapproval by the House of an act or policy of Government, or convey a message; or commend, urge or request an action; or call attention to a matter or situation for consideration by Government; or in such other form as the Speaker may consider appropriate. Every question, when agreed to, by the House, assumes the form of either a resolution or an order. Resolutions

may

be

categorised

as:

Private

Members'

Resolutions,

Government Resolutions and Statutory Resolutions. The Private Members Resolutions are moved by a member (not a Minister); the Government Resolutions are moved by Ministers; and the Statutory Resolutions are moved in pursuance of a provision contained in the Constitution or an Act of Parliament. Question 68. What is the President's Address? Answer.

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 Lok Sabha and at the commencement of first session each year and inform Parliament of the causes of its summons. [Article 87(1)]. The matters referred to in the President's Address to the Houses are discussed on a seconded by another member.

Motion of Thanks moved by a member and

Question 69. Can members raise questions on the President's Address?

Answer.

No member can raise questions on the President's Address. Any action on

the part of a member which mars the occasion punishable by the House to which that

or creates disturbance , is

member belongs. Discussion on matters

referred to in the President's Address takes place on a Motion of Thanks moved by a member and seconded by another member.

The scope of discussion on the

President's 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 PRIVILEGES/IMMUNITIES Question 70. What are parliamentary privileges?

Answer

The term `parliamentary privilege' refers to certain rights and immunities enjoyed by each House of Parliament and Committees of each House collectively, and by members

of each House individually,

without which

they cannot discharge their functions, efficiently and effectively.

The object

of parliamentary privileges is to safeguard the freedom, the authority and the dignity of Parliament. The powers, privileges and immunities of either House of Parliament and State Legislatures and of its Committees and members have been laid down in articles 105 and 194 of the Constitution. The House has the power to punish any person who commits a contempt of the House or a breach of any of its privileges.

Question 71. Are Parliamentary privileges codified in India?

Answer.

No law has so far been enacted by Parliament (and State Legislatures) in pursuance of clause (3) of articles 105/194 of the Constitution to define the powers, privileges and immunities available to each House and its members and the Committees thereof. privileges

and

immunities

In the absence of any such law, powers, of

the

Houses

of

Parliament

and

State

Legislatures, and of the members and the Committees thereof, shall be those of that House and of its members and Committees immediately before the coming into force of section 15 of the Constitution (Forty fourth Amendment) Act, 1978. The Constitution Forty Fourth Amendment) Act, 1978 removed the reference to the House of Commons which was there earlier in clause 3 of articles 105 and 194.

Question 72. What is the difference between the breach of privileges and contempt of the House?

Answer.

When any of the privileges either of the members individually or of the House in its collective capacity are disregarded or attacked by any individual or authority, the offence is called a `breach of privilege'. Contempt of the House may be defined generally as "any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any member or officers of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results.

Whereas all breaches of privilege are

contempts of the House whose privileges are violated, a person may be guilty of a contempt of the House even though he does not violate any of the privilege of the House, e.g. when he disobeys an order to attend a committee or publishes reflections on the character or conduct of a member in his capacity as a member. Question 73. What is the procedure regarding a question of privilege?

Answer.

A question of privilege may either be considered and decided by the House itself or it may be referred to the Committee of Privileges for examination, investigation and report.

Question 74. What is the rule relating to 'Automatic Suspension' of the member?

Answer.

Rule 374A of the Rules of Procedure and Conduct of Business in Lok Sabha provides that in the event of grave disorder occasioned by a

member

coming into the well of the House or abusing the Rules of the House persistently and wilfully obstructing

its business by shouting slogans or

otherwise, such member shall, on being named by the Speaker, stand automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less. Question 75. Does the Speaker have Power to adjourn the House or suspend the sitting? Answer:

Under Article 375,in the case of a grave disorder arising in the House, the Speaker may, if he thinks it necessary to do so, adjourn the House or suspend any sitting for a time to be named by him.

Question 76. What is Point of Order? Answer:

A point of order shall relate to the interpretation or enforcement of those rules or such Articles of the Constitution as regulate the business of the House and shall raise a question which is within the cognizance of the Speaker. A point of order may be raised 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 his decision thereon, which shall be final. Question 77. What is the MPLAD Scheme?

Answer. The Members of Parliament Local Area Development Scheme (MPLADS) was introduced in 1993. Under this scheme a member of Lok Sabha has the choice to suggest to the Head of the District, development works to the tune of Rs. two crore per year, to be taken up in his/her constituency. CONTACTING LOK SABHA Question 79. Where do I get more information on members of Lok Sabha?

Answer. The Lok Sabha Web site (http://loksabha.nic.in) i[

1]

Period of Election indicates the first and the last day of the poll of the election.

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