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Parliamentary procedures
1.0 INTRODUCTION
The Parliament or the central legislative body has a primary function, that of making laws. Any legislative proposal can be brought before the Parliament. The draft of a legislative proposal is known as a Bill. For a Bill, whether it is introduced by the Government or a private member, to become law or Act of Parliament it should receive the approval of the President of India.
Types of the Parliamentary Bills
Broadly, there are two types of Bills:
- Government Bills: Any Bill initiated by the government is a Government Bill.
- Private Members' Bills: If the Bill is sponsored by any private member (a member who is not part of the Council of Ministers is referred to as a private member) in either House of Parliament, it is known as a Private Members' Bill.
Although most laws are made through Government Bills, the Private Members' Bill serves the purpose of highlighting any changes needed in the existing law or the need for a particular legislation.
Bills may be further classified on the basis of their content.
- Ordinary Bills: Any Bill which is not a Constitution Amendment Bill or a Money Bill is classified as an Ordinary Bill.
- Original Bills (embodying new proposals, ideas or policies),
- Amending Bills (to modify, amend or revise existing Acts),
- Consolidating Bills (to consolidate existing law on a particular subject),
- Expiring Laws (Continuance) Bills (to continue an expiring Act), and
- Bills to replace Ordinances issued by the President.
- Money and Financial Bills: Money and Financial Bills are treated separately from these Bills, because of their special features.
- The Constitution (Amendment) Bills: These refer to Bills that seek to amend the Constitution of India.
2.0 STAGES IN PASSING OF A BILL
2.1 Drafting of a Parliamentary Bill
The legislative proposal, or the Bill, should be drafted by the concerned ministry after weighing the various political, administrative, financial, legal and constitutional implications. This is done after consultation of the other ministries or State governments. Advice is also sought from the Ministry of Law, the Attorney General of India, and other interest groups. The Ministry, then, prepares a proposal and examines it thoroughly before submitting it to the Cabinet. Once the Cabinet approves the proposal, it is given the shape of a Bill to be brought before the House.
2.2 Passage of an Ordinary Bill in Parliament
A Bill goes through three readings in both Houses before it becomes an Act.
First Reading: During the First Reading, the Bill is introduced by the minister in-charge after the Speaker grants permission to do so. The Bill is then published in the Gazette of India. If the Bill has already been published in the Gazette with the Speaker's assent, the stage of introducing the Bill in the House can be bypassed.
Second Reading: The Second Reading is the most vital stage for the Bill because it is scrutinized thoroughly during this period. This Reading is divided in two stages.
First Stage in Second Reading: Initially, only the principles of the Bill are discussed. There is no in-depth discussion about the details of the Bill. The Bill may be
- referred to a Select Committee of Lok Sabha,
- referred to a Joint Committee of the Houses with the concurrence of Rajya Sabha, and/or
- circulated for the purposes of eliciting opinion.
These committees are appointed on a temporary basis in order
to consider particular Bills referred to them.
At this time, either of the two Houses might refer the Bill to the Departmentally Related Joint Standing Committee of both Houses. This Committee also considers the Bill clause by clause, and its members can move amendments to various clauses. The Committee can also take evidence of experts, associations or public bodies who are interested in the subject. After each clause and schedule have been considered and adopted by the Committee, the Lok Sabha Secretariat prepares a report. This report is presented to the House for its consideration.
Eliciting Opinion: The Parliament may pass a motion that a Bill should be circulated to elicit the opinions of local bodies, associations, individuals or institutions. In such a case, the Secretariat of the House circulates letters to all the state governments and Union Territories asking them to publish the Bill in their respective local Gazettes. The period for eliciting opinion is generally mentioned in the motion. If no mention is made, the State governments have to send the opinions within three months of adopting the motion. The opinions are then tabled in Parliament. The Bill again passes through the Committee stage. At this point, the House can debate on the Bill as reported by the Committee. The debate is confined to the Bill as reported by the Committee.
The Second Stage: After the House decides to debate the Bill as reported by the Committee, the members discuss each clause of the Bill separately. They can also amend the clauses. This is a long process where each clause and amendment is discussed, adopted or rejected by the House. If an Amendment is accepted, it becomes a part of the Bill.
Third Reading: At this stage, the Bill is discussed solely to determine whether to approve or reject it. Only certain verbal, formal and consequential amendments are allowed to be moved at this stage. In order to pass an Ordinary Bill, the simple majority of members present and voting is required.
Once the Bill has been approved by the originating House, it is sent to the other House. It goes through all the three stages again. In case a Bill is passed by the originating House but rejected by the other House, the President has the power to call a joint sitting of the two Houses. The decision to accept or reject a Bill is taken by the majority of the total number of members of both Houses present and voting.
After both Houses of Parliament pass a Bill, it is presented to the President for his assent. If the President does not agree to sign the Bill, it is rejected. However, the President generally acts on the advice of the Council of Ministers, so he generally does not withhold consent against the advice of the ministers. He has the right to seek information and clarification about the Bill. If the President gives his assent, the Bill becomes an Act.
2.3 Money Bill
According to the Constitution of India, a Bill is considered to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:
- the imposition, abolition, remission, alteration or regulation of any tax;
- the regulation of money borrowed by the Government of India or any guarantee given by the Government of India. The Bill can also consider amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
- 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;
- the appropriation of moneys out of the Consolidated Fund of India;
- the declaring of a new item to be expenditure charged on the Consolidated Fund of India. Also, if there is any increase in the amount of any such expenditure;
- the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or the issue of such money or the audit of the accounts of the Union or of a State; or
- any matter incidental to any of the matters specified in sub-clauses (a) to (f).
Important : Only on the recommendation of the President, the Money Bill can only be introduced in the Lok Sabha. Also, the Speaker of the House has the final authority to decide whether a Bill is a Money Bill or not. A Money Bill cannot be introduced in Rajya Sabha nor can it be referred to a Joint Committee of Houses or be considered at a Joint Sitting of the two Houses.
After being passed in the Lok Sabha, the Bill is sent to the Rajya Sabha. The Rajya Sabha may not amend Money Bills but can recommend amendments. A Money Bill should be returned to the Lok Sabha within 14 days or the Bill is deemed to have passed both Houses in the form it was originally passed by the Lok Sabha. The Lok Sabha has the discretion to accept or reject the recommended Amendments made by the Rajya Sabha. The President does not have the power to return a Money Bill for reconsideration unlike an Ordinary Bill. The Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016 was passed as a money bill, and was challenged in the Supreme Court, where some parts of it were struck down in the Sept. 2018 verdict, but the law was held constitutional.
2.4 Financial Bill
Any Bills relating to revenue or expenditure is a Financial Bill. Those Bills which make provisions for any of the matters specified in the Money Bills but do not contain solely those matters are known as Financial Bills. For ex. a Bill which contains taxation clause, but does not deal solely with taxation. Financial Bill also includes matters involving expenditure from the Consolidated Fund.
2.5 Differences between a Money Bill and a Financial Bill
- All Financial Bills are not Money Bills.
- A Financial Bill is considered to be a Money Bill solely when it contains matters specified in the Constitution for a Money Bill.
- Only those Financial Bills would be considered as Money Bills, which are certified by the Speaker.
- A Financial Bill, which contains any matters specified for a Money Bill but does not deal exclusively with such matters, has two features in common with a Money Bill:
- It cannot be introduced in the Rajya Sabha
- It cannot be introduced except on the recommendation of the President.
- But, if the Bill is not classified as a Money Bill, the Rajya Sabha has full powers to reject or amend it as it does in the case of Ordinary Bill. In case of disagreement over a Bill between the Houses, the President can call for a joint sitting to resolve the deadlock.
- A Financial Bill, which involves expenditure from the Consolidated Fund of India, is treated in the same manner as an Ordinary Bill. Hence, it can be introduced in both the Houses and the Rajya Sabha has the full power to reject or amend it. It also does not require the recommendation of the President for its introduction. However, the President's recommendation is necessary before the Bill can be passed by both the Houses.
2.6 Appropriation Bill
As the name suggests, the Appropriation Bill seeks to give legal authority to the Government to appropriate expenditure from the Consolidated Fund of India. The Constitution says that no money can be withdrawn from the Consolidated Fund without the enactment of law by the Parliament. A Bill that incorporates all the demands for grants voted by the Lok Sabha as well as the expenditures charged on the Consolidated Fund, is introduced in the Lok Sabha. This Bill is known as the Appropriation Bill. It is passed in the same manner as any other Bills. But no amendments can be proposed to the Bill. After the Bill is passed by the Lok Sabha, the Speaker certifies it as a Money Bill. Rajya Sabha can make recommendations over the Bill but it does not have the power to amend or reject the Bill. Thereafter, the Bill is presented to the President for his assent.
2.7 Finance Bill (commonly call the Budget)
The Finance Bill incorporates all the financial proposals of the Government for the following year. It is ordinarily introduced in the Lok Sabha every year, immediately after the Budget is presented. Discussions on the Bill are restricted to matters relating to general administration and local grievances within the sphere of responsibility of the Union Government. No discussion is permitted on the details of particular estimates. This Bill has to be considered and passed by the Parliament and assented to by the President within 75 days after its introduction. This Bill is certified as a Money Bill. Thus, Rajya Sabha can only make recommendations to the Bill. It is up to the Lok Sabha to accept or reject such recommendations.
2.8 Bill becoming an Act
Once the Bill is approved, it is sent to the President for his assent. No Bill can become an Act without the assent of the President.
3.0 OTHER PROCEDURES
3.1 Amendment of the Constitution of India
The Parliament has the power to amend the Constitution of India through a set of procedures laid down in Article 368. It is initiated by introducing a Bill in either House of the Parliament. Such a Bill may be introduced either by the government or a private member. Generally, Constitution (Amendment) Bills brought forward by a minister are introduced in the Lok Sabha. The Constitution (Amendment) Bill goes through three stages of reading before the Bill is passed. Articles of the Constitution have been classified into three categories for the purpose of amendment:
- Articles amendable by simple majority;
- Articles, which require special majority for their amendment, i.e., by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House present and voting;
- Articles, which require a special majority as well as ratification by the legislatures of not less than one- half of the States. The Constitution does not provide for any time limit within which the States must give their consent for the ratification of a Constitution (Amendment) Bill, referred to them for this purpose.
3.2 Parliamentary privilege vs Contempt of the House
Parliamentary privilege can be defined as the set of special rights enjoyed by each House of Parliament and its Committees collectively as a constituent part of Parliament and by members of each House individually. For example: A member has immunity from any proceedings in any court in respect of anything said or any vote given by him in Parliament. When any of these rights and immunities are disregarded or attacked by any individual or authority, the offence is called a breach of privilege, and is punishable under the law. However, the privileges have not been codified by law.
If any act obstructs either House of Parliament or its Committees from discharging their duties, it might amount to Contempt of the House. For example, offering bribes to members to influence them in their Parliamentary conduct is also a form of Contempt of Parliament.
3.3 Question Hour in Parliament
The first hour of every sitting in both Houses of Parliament is known as the Question Hour. During Question Hour, the Members of Parliament have the right to question any administrative and governmental policy related to the national as well as the international sphere. The questions asked in both Houses of Parliament are generally addressed to the ministers. These questions can be categorised as Starred Questions, Unstarred Questions, and Short Notice Questions. A member has to give notice to the Secretary-General of the concerned House that he wants to ask a question.
3.4 Question hour in other legislatures
The process where elected representatives ask questions that are replied by the Prime Minister or other government ministers is part of parliamentary tradition in many other countries. The Question Hour in the Indian Parliament is similar to the Prime Minister's Questions in the House of Commons in the United Kingdom, the First Minister's Questions in the Scottish Parliament and National Assembly for Wales, the Question Period in the federal Parliament and provincial legislatures of Canada and the Question Time in Australia and New Zealand.
3.5 Types of parliamentary questions
There are three categories of questions addressed to ministers. They are:
Starred Questions: Questions which have to be answered orally on the floor of the House, carrying an asterisk mark are called starred questions. The member is allowed to ask a supplementary question after the reply from the Minister concerned.
Unstarred Questions: Questions answered in a written form and which do not carry the asterisk mark are called unstarred questions. After the reply has been provided, no supplementary question can be asked.
Short Notice Questions: A minimum 10 day notice is to be given to ask a question in Parliament normally. However, if a Member seeks to ask a question urgently and cannot wait for 10 days, in such cases it is allowed to ask the question before 10 days. Such questions are called short notice questions.
3.6 Business after Question Hour
After the Question Hour, the House takes up miscellaneous items of work before proceeding to the main business of the day. These may consist of one or more of the following:
Adjournment Motions, Questions involving breaches of Privileges, Papers to be laid on the Table, Communication of any messages from Rajya Sabha, Intimations regarding President's assent to Bills, Calling Attention Notices, Matters under Rule 377, Presentation of Reports of Parliamentary Committee, Presentation of Petitions, Miscellaneous statements by Ministers, Motions regarding elections to Committees, Bills to be withdrawn or introduced.
3.7 Zero Hour in Parliament
Dictionaries describe a Zero Hour as ‘the hour at which a planned, especially military operation is timed to begin’ or ‘a crucial moment’ or ‘a time set for the beginning of an attack’.
Zero Hour denotes the time immediately following the Question Hour in both Houses of Parliament. It starts at 12 noon. It came to be called an 'Hour" also because very often it continued for one full hour, until the House rose for lunch at 1 p.m. However, the duration of the Zero Hour has varied over the years. It is not possible to predict what kind of matters might be raised during Zero Hour as there is no mention of any "Zero Hour" in the rules of the Parliament. It is the press who coined the term "Zero Hour" during the early 1960s, when the practice of raising urgent matters of public importance without prior notice developed. Although euphemistically called Zero Hour, it may not last for an hour; it may last for some time which may be half-an-hour or more or less. Sometimes it may also occupy one full hour or may even extend beyond an hour, depending on the number of matters which members may like to raise and the gravity and importance of such matters. It is also not necessary that there would be a Zero Hour every day during the session.
4.0 TYPES OF DISCUSSIONS
4.1 Half-an-Hour discussion
Any matter of sufficient public importance, which has been the subject of recent questions in the Lok Sabha can be discussed during a Half-an-Hour Discussion. Usually, the discussions take place in the last half-an-hour on Mondays, Wednesdays and Fridays. During the discussion, the member who has given notice makes a short statement and not more than four members who have intimated earlier and have secured one of the four places in the ballot are permitted to ask a question each for further elucidating any matter of fact. Thereafter, the Minister concerned replies. There is no formal motion before the House nor voting.
4.2 Discussion on matters of urgent public importance
Members may raise discussions on matters of urgent public importance with the permission of the Speaker. Such discussions may take place on two days in a week. No formal motion is moved in the House nor is there any voting on such a discussion.
4.3 Debate in the House
After the member who initiates discussion on an item of business has spoken, other members can speak on that item of business in such order as the Speaker may call upon them. Only one member can speak at a time and all speeches are directed to the Chair. A matter requiring the decision of the House is decided by means of a question put by the Speaker on a motion made by a member.
5.0 ASCERTAINING MAJORITY
5.1 Division
A division is one of the forms in which the decision of the House is ascertained. Normally, when a motion is put to the House, members for and against it indicate their opinion by saying "Aye" or "No" from their seats. The Chair goes by the voices and declares that the motion is either accepted or negatived by the House. If a member challenges the decision, the Chair orders that the lobbies be cleared. Then the division bell is rung and an entire network of bells installed in the various parts and rooms in Parliament House and Parliament House Annexe rings continuously for three and a half minutes. Members and Ministers rush to the Chamber from all sides. After the bell stops, all the doors to the Chamber are closed and nobody can enter or leave the Chamber till the division is over. Then the Chair puts the question for second time and declares whether in its opinion the "Ayes" or the "Noes", have it. If the opinion so declared is again challenged, the Chair asks the votes to be recorded by operating the Automatic Vote Recording Equipment.
5.2 Automatic Vote Recording System
With the announcement of the Speaker for recording the votes, the Secretary-General presses the button of a key board. Then a gong sounds serving as a signal to members for casting their votes. For casting a vote each member present in the Chamber has to press a switch and then operate one of the three push buttons fixed in his seat. The push switch must be kept pressed simultaneously until the gong sounds for the second time after 10 seconds.
There are two Indicator Boards installed in the wall on either side of the Speaker's Chair in the Chamber. Each vote cast by a member is flashed here. Immediately after the votes are cast, they are totalled mechanically and the details of the results are flashed on the Result Indicator Boards installed in the railings of the Speaker's and Diplomatic Galleries.
Divisions are normally held with the aid of the Automatic Vote Recording Equipment. Where so directed by the Speaker in terms of relevant provision in the Rules of Procedure etc. in Lok Sabha, Divisions may be held either by distribution of 'Aye'/'No' and 'Abstention' slips to members in the House or by the members recording their votes by going into the lobbies.
There is an Indicator Board in the machine room showing the name of each member. The result of Division and vote cast by each member with the aid of Automatic Vote Recording Equipment appear on this Board also. Immediately a photograph of the Indicator Board is taken. Later the Photograph is enlarged and the names of members who voted 'Ayes' and for 'Noes' are determined with the help of the photograph and incorporated in Lok Sabha Debates.
6.0 OTHER REQUIREMENTS
6.1 Quorum of the Houses of Parliament
Each session of the Lok Sabha can be initiated with a quorum of 55 members (one-tenth of the total membership), including the Speaker or the person acting as such. Quorum should be ascertained at the beginning of the sitting each day, before the Speaker takes the Chair. The quorum to constitute a meeting of Rajya Sabha is one-tenth of the total number of members of the House, i.e. 25 members.
6.2 Prorogation of the House of Parliament
A prorogation means an order of the President which terminates the session of the House. The House may be prorogued any time. Usually, however, prorogation follows the adjournment of the sitting of the House without fixing a day for re-convening . The period between prorogation of the House and its reassembly in a new session is termed as 'inter-session period'.
The President acts on the advice of the Prime Minister before exercising his powers of deferring the House. The Prime Minister, in turn, may consult the Cabinet before the advice is submitted to the President.
6.3 'Calling'
Every member (with prior consent of the Speaker) has the right to call the attention of a minister on any matter of urgent public importance. This concept is unique to India. 'Calling Attention' allows a member to highlight failure or inadequate action of Government on any important matter of public importance. This is similar to an adjournment motion without its censure aspect. The minister is allowed to make a brief statement or request a later date for making a statement.
7.0 Motions
In the Parliament, a member may introduce a motion in the form of a proposal. Thus, a Motion is a proposal for eliciting decision or expressing the opinion of the House on a matter of public importance. Every question to be decided by the House must be proposed as 'Motion'. The consent of the Speaker or the Chairman is also essential to initiate a motion.
All motions, notice of which is received in the Lok Sabha Secretariat under the rules, shall be classified under the following categories, namely:
- Substantive Motions
- Substitute Motions and
- Subsidiary Motions, which are further divided into three classes: Ancillary Motions, Superseding Motions, and Amendments.
A Motion passes through four stages:
- Moving the Motion,
- Proposing the question by the Speaker/Chairperson,
- Debate or discussion where permissible, and
- Vote or decision of the House.
Government motions generally aim at obtaining approval of the House for some policy or action of the government. But motions moved by private members focus on eliciting opinion of the House on a particular matter.
The rules governing these motions are as follows:
Substantive Motions: A substantive motion is a self-contained independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House, e.g., all resolutions are substantive motions.
Substitute Motions: Motions moved in substitution of the original motion for taking into consideration a policy or situation or statement or any other matter are called substitute motions. Such motions, though drafted in such a way as to be capable of expressing an opinion by themselves, are not strictly speaking substantive motions inasmuch as they depend upon the original motion.
Subsidiary Motions: They depend upon or relate to other motions or follow upon some proceedings in the House. They by themselves have no meaning and are not capable of stating the decision of the House without reference to the original motion or proceedings of the House. Subsidiary motions are further divided into:
- Ancillary Motions: They are motions which are recognized by the practice of the House as the regular way of proceeding with various kinds of business. The following are the example of ancillary motions, namely:
- That the Bill be taken into consideration.
- That the Bill be passed.
- Superseding Motions: They are motions which, though independent in form, are moved in the course of debate on another question and seek to supersede that question. In that class fall all the dilatory motions. The following motions are superseding motions in relation to the motion for taking into consideration a Bill:
- That the Bill be re-committed to a Select Committee.
- That the Bill be re-committed to a Joint Committee of the Houses.
- That the Bill be re-circulated for eliciting further opinion thereon.
- That consideration of the Bill or the debate on the Bill be adjourned sine die or to some future date.
- Amendments: They are subsidiary motions which interpose a new process of question and ecision between the main question and its decision. Amendments may be to the clause of a Bill, to a resolution or to a motion, or to an amendment to a clause of a Bill, resolution or motion.
How is a motion moved in the Parliament: The Speaker calls the member concerned to move the motion and make a speech on the allotted day. Thereafter, the Speaker places the motion before the House. The members who have given prior notice initiate amendments and substitute motions and the discussion follows. At the conclusion of the discussion, the amendments/ substitute motions are put to the vote of the House and disposed of.
Adjournment Motion: In Parliamentary parlance, 'adjournment' means a break or termination of the debate on a Motion/Resolution/Bill in the House. Adjournment of the House terminates the sitting of the House. It may also signify a brief break during a sitting of the House. Adjournment sine-die means termination of the sitting without any definite date being fixed for its next sitting.
'No-day-yet-named motion': If the Speaker admits notice of a motion but no date is fixed for its introduction, then it is called a 'No-day-yet-named motion'. These are placed before the Business Advisory Committee, which selects the motions for discussion in the House and also allots time for the same. The government motions get precedence over the private members' motions, as 'No-day-yet-named motions' are discussed in government time.
7.1 Motion of confidence, and a Motion of no-confidence
The changing political composition of the Parliament has led to a new procedure known as the Motion of Confidence in the Council of Ministers. This practice has evolved in recent times whenever no single political party is in a position to command the majority of the House. The procedure followed is as follows: a one line motion under Rule 184 "that this House expresses its confidence in the Council of Ministers" is moved by the Prime Minister on the direction of the President.
The Council of Ministers remains in office as long as they enjoy the confidence of the Lok Sabha. If the Lok Sabha expresses a lack of confidence in the Council of Ministers, the Government is constitutionally bound to resign. In order to ascertain the confidence, the rules provide for moving a motion to this effect, which is called a No-confidence motion. A motion of No-confidence, once admitted, has to be taken up within 10 days of the leave being granted. Rajya Sabha is not empowered to entertain a motion of No-confidence.
7.2 Censure Motion
A Censure Motion is a specific type of a No-confidence Motion. While a motion of no-confidence need not specify any grounds on which it is based, a censure motion must reveal the grounds on which it is based. This type of motion is moved for the specific purpose of censuring the government for certain policies and actions. Censure motion can be moved against the Council of Ministers or an individual minister for the failure to act or not to act or for their policy, and may express regret, indignation or surprise of the House at the failure of the minister.
7.3 Resolution in the Parliament
A Resolution is a procedural means or a Substantive Motion to initiate a discussion on any matters of general public interest. It might record either approval or disapproval by the House for an act or policy of the government or convey a message, or commend, urge or request an action, or call attention to a matter or situation for consideration by the government, or in such other forms as the Speaker may consider appropriate.
Similarly, in the Rajya Sabha resolutions may be in the form of declaration of opinion by the House or in such other forms as the Chairperson considers appropriate Resolutions may be classified as private members' resolutions, government resolutions and statutory resolutions. The last two and a half hours of a sitting every alternate Friday are allotted for the discussion on the private members' resolutions.
Government resolutions are initiated by ministers to seek the approval of the House for international treaties, conventions or agreements to which the government is a party. Statutory resolutions may be moved either by a minister or by a private member. Such resolutions are always tabled in pursuance of a provision in the Constitution or an Act of Parliament.
7.4 Difference between a motion and a resolution
All Resolutions fall in the category of Substantive Motions. But 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.
7.5 Cut Motion
A cut Motion is a veto power given to the members of the Lok Sabha to oppose the demand of Financial Bill discussed by the Government. This can be effective tool to check the strength of the Government. If a cut motion is adopted by the House and the Government doesn't have the right numbers, it is obliged to resign.
A motion may be moved to reduce the amount of a demand in any of the following ways:
- 'that the amount of the demand be reduced to Re.1/-' representing disapproval of the policy underlying the demand. Such a motion shall be known as 'Disapproval of Policy Cut'.
- A member giving notice of such a motion shall indicate in precise terms the particulars of the policy which he proposes to discuss.
- The discussion shall be confined to the specific point or points mentioned in the notice and it shall be open to members to advocate an alternative policy;
- 'that the amount of the demand be reduced by a specified amount' representing the economy that can be effected.
- Such specified amount may be either a lump sum reduction in the demand or omission or reduction of an item in the demand.
- The motion shall be known as 'Economy Cut'.
- The notice shall indicate briefly and precisely the particular matter on which discussion is sought to be raised and speeches shall be confined to the discussion as to how economy can be effected;
- 'that the amount of the demand be reduced by Rs.100/-' in order to ventilate a specific grievance which is within the sphere of the responsibility of the Government of India.
- Such a motion shall be known as 'Token Cut' and
- The discussion thereon shall be confined to the particular grievance specified in the motion.
Admissibility of cut motions: In order that notice of motion for reduction of the amount of demand may be admissible, it shall satisfy the following conditions, namely:
- It shall relate to one demand only
- It shall be clearly expressed and shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements
- It shall be confined to one specific matter which shall be stated in precise terms
- It shall not reflect on the character or conduct of any person whose conduct can only be challenged on a substantive motion
- It shall not make suggestions for the amendment or repeal of existing laws
- It shall not refer to a matter which is not primarily the concern of the Government of India
- It shall not relate to expenditure charged on the Consolidated Fund of India
- It shall not relate to a matter which is under adjudication by a court of law having jurisdiction in any part of India
- It shall not raise a question of privilege
- It shall not revive discussion on a matter which has been discussed in the same session and on which a decision has been taken
- It shall not anticipate a matter which has been previously appointed for consideration in the same session
- It shall not ordinarily seek to raise a discussion on a matter pending before any statutory tribunal or statutory authority performing any judicial or quasi-judicial functions or any commission or court of enquiry appointed to enquire into, or investigate any matter
- The Speaker may in his discretion allow such matter being raised in the House as is concerned with the procedure or stage of enquiry, if he is satisfied that it is not likely to prejudice the consideration of such matter by the statutory tribunal, statutory authority, commission or court of enquiry and
- It shall not relate to a trivial matter.
COMMENTS