In the functioning of parliamentary systems worldwide, the efficiency and effectiveness of proceedings are paramount. Various mechanisms and devices are employed to facilitate the smooth conduct of legislative business, ensuring robust debate, informed decision-making, and ultimately, the enactment of laws that serve the interests of the people. Understanding these devices is crucial for those preparing for competitive examinations like the UPSC, where a comprehensive knowledge of parliamentary procedures is essential.
Devices of Parliamentary Proceedings encompass a range of procedural tools, mechanisms, and practices utilized within parliamentary systems to facilitate the smooth conduct of legislative business. These tools are vital for ensuring the efficient and orderly functioning of the parliament, enabling lawmakers to engage in discussions, debates, and decision-making processes to effectively address public issues.
List of Devices of Parliamentary Proceedings
1. Question Hour
Question Hour is a designated segment within a parliamentary session where Members of Parliament (MPs) are allotted time to pose inquiries to ministers concerning diverse matters of public importance. Typically held at the outset of each sitting in both the Lok Sabha (Lower House) and the Rajya Sabha (Upper House) of the Indian Parliament, Question Hour allows MPs to seek clarifications and information from ministers on various subjects. The types of questions posed to ministers during this period encompass:
a. Starred Questions
- Oral answers are demanded from the ministers for these questions.
- MPs who submit starred questions are permitted to pose additional queries.
- These questions are identifiable by their green-colored print.
b. Unstarred Questions
- Questions requiring written answers from ministers are known as unstarred questions.
- MPs who submit unstarred questions are not permitted to ask supplementary questions.
- Unstarred questions are typically printed in white color for easy identification and organization.
c. Short Notice Questions
- Questions during the Question Hour can be submitted with a notice period of fewer than 10 days.
- Ministers provide oral responses to these questions.
- The questions and answers are printed in a light pink color.
Apart from ministers, questions can also be directed to private members concerning certain matters concerning them. These questions are printed in yellow color.
2. Zero Hour
- It indicates a designated timeframe following the Question Hour, continuing until the day’s agenda or regular proceedings commence.
- It allows for the discussion of matters without prior notification.
- Not outlined in the Rules of Procedure, it operates as an informal method.
- This practice represents a unique contribution from India to parliamentary proceedings.
3. Motions
A Motion is a formal suggestion put forward by a legislator to start deliberations on a topic of broad public significance. Both ministers and private members have the authority to propose motions. Unless permitted by the presiding officer, discussions on such topics cannot occur. The House indicates its stance or viewpoints on these matters by either accepting or rejecting the motions.
Motions presented by members typically fall into three main types:
a. Substantive Motion
It is a comprehensive and autonomous proposal addressing crucial issues, such as the impeachment of the President.
b. Substitute Motion
A Substitute Motion is a proposal put forward to replace an original motion with an alternative. If accepted by the House, it overrides the original motion.
c. Subsidiary Motion
It denotes a motion lacking significance on its own and incapable of expressing the House’s decision without reference to the original motion or House proceedings. Subsidiary motions are categorized into three subtypes:
- Ancillary Motion: This motion is employed as the standard procedure for dealing with different types of business.
- Superseding Motion: Introduced during a debate on another matter, this motion aims to replace or take precedence over the ongoing discussion.
- Amendment Motion: This motion seeks to alter or replace a specific portion of the original motion.
d. Closure Motion
A closure motion is proposed by a member to end the debate on a particular matter in the House. If approved, the debate is halted, and the matter is subjected to a vote. There are four types of closure motions:
- Simple Closure: This motion suggests that the topic has been adequately discussed and should now be put to a vote.
- Closure by Compartments: Here, the clauses of a bill or resolutions are grouped into parts before the debate starts. The entire part is discussed and voted upon as a whole.
- Kangaroo Closure: Only significant clauses are debated and voted upon, while the intervening clauses are skipped over and considered passed.
- Guillotine Closure: All clauses of a bill or resolution, including those not yet discussed, are put to vote due to time constraints.
e. Privilege Motion
A breach of privilege motion is initiated by a member of the house when they believe a minister has either withheld or misrepresented facts, thereby violating the privileges of the house or its members. Its objective is to formally criticize or censure the implicated minister.
f. Calling Attention Motion
A member utilizes this motion to bring to the attention of a minister an urgent matter of public importance, aiming to obtain an official statement from the minister regarding the issue. Unlike the Zero Hour, this motion is included in the Rules of Procedure, representing another unique aspect of Indian parliamentary proceedings.
g. Adjournment Motion
- An adjournment motion serves to highlight an urgent public issue in Parliament.
- It requires the backing of at least 50 members for admission.
- This motion disrupts the regular proceedings of the House, rendering it an extraordinary measure.
- It carries a form of government censure, leading to its exclusion from use in the Rajya Sabha.
- The discussion period for an adjournment motion is set at a minimum of two hours and thirty minutes.
- Specific criteria govern the eligibility of an adjournment motion:
- The issue raised must be precise, factual, urgent, and of public importance.
- It should pertain to a single matter of recent occurrence.
- The motion must refrain from generalizations and avoid questions of privilege.
- It cannot revive prior discussions in the same session or address matters under judicial review.
- Furthermore, it cannot encompass topics that could be raised separately through distinct motions.
h. No-Confidence Motion
- This motion, known as a vote of no confidence, is initiated by a member to signify the lack of trust of the Lok Sabha in the government.
- According to Article 75, the Council of Ministers is collectively accountable to the Lok Sabha, indicating that the government remains in power only as long as it retains the confidence of the majority of Lok Sabha members.
- Exclusive to the Lok Sabha, this motion requires the support of at least 50 members for consideration.
- Once permitted by the Speaker of the Lok Sabha, the motion undergoes debate and subsequent voting. If approved by a simple majority, the government must resign.
i. Censure Motion
This motion is initiated to express disapproval of specific government policies. Its purpose is to criticize the government for its perceived failures.
It is exclusive to the Lok Sabha and cannot be introduced in the Rajya Sabha.
j. Motion of Thanks
- Following each general election and at the start of each fiscal year, the President addresses both Houses of Parliament, presenting the government’s policies and programs for the previous and upcoming years. This presidential address is deliberated upon in Parliament through a motion known as the ‘Motion of Thanks’.
- After the discussion, the motion is voted upon.
- The motion must be approved by the House to demonstrate support for the government. Failure to pass the motion signifies a defeat for the government.
4. Point of Order
- A point of order can be raised by a member if they believe that the proceedings of the House are not in accordance with the standard rules of procedure.
- It temporarily halts the ongoing proceedings in the House, making it an exceptional measure.
- There is no provision for debating a point of order.
5. Half-an-Hour Discussion
- The matter raised during this discussion should be of significant public interest and have undergone extensive debate, requiring further clarification on factual aspects.
- The Speaker has the authority to allocate three days per week for these discussions.
- No formal motion or voting is required in the House for these discussions to take place.
6. Short Duration Discussion
- These discussions, also referred to as “Two-Hour Discussions,” are limited to a maximum duration of two hours.
- Members of Parliament can initiate these discussions on urgent matters of public significance.
- The Speaker has the discretion to allocate two days per week for these discussions.
- No formal motion or voting is required in the House for these discussions to occur.
7. Resolution
A resolution is a formal statement or suggestion presented to the House or the government to address matters of broad public concern. The discussion on a resolution must focus solely on the subject matter of the resolution itself. Once a member has introduced a resolution or an amendment to a resolution, they cannot retract it without the permission of the House.
Resolutions are categorized into three types:
a. Private Members Resolution:
- Proposed by a member who is not a part of the government.
- Debated only on alternate Fridays during afternoon sessions.
b. Government Resolution:
- Initiated by a minister.
- Can be discussed on any weekday from Monday to Thursday.
c. Statutory Resolution:
- Can be introduced by either a private member or a minister.
- Presented in accordance with a provision of the Constitution or an Act of Parliament.
The mechanisms of parliamentary proceedings form the foundation of democratic governance, offering crucial tools for discussion, decision-making, and oversight within legislative institutions. These devices ensure the orderly conduct of parliamentary affairs, promoting efficient governance and democratic dialogue. They encapsulate the principles of dialogue, deliberation, and decision-making vital to democratic principles.
Also read about Structure of Parliament and Office of Speaker and Chairman.