Private Members’ Bill

July 27, 2024

GS Paper II Indian Polity and Governance

The private members’ Bill seeking an amendment in the Constitution to disallow Governors from taking up Chancellorship and other non-Constitutional posts introduced in Rajya Sabha by CPI(M) MP John Brittas.

A similar private members’ Bill aimed at restricting the powers of Governors from interfering in the functioning of the executive was introduced by A.A Rahim.
Mr. Rahim’s Bill that makes a minister’s continuation in office at the confidence of the Assembly and not at the pleasure of the Governor.
Both the Bills come in the backdrop of the ongoing power tussle between the Kerala government and Kerala Governor.

What is a Private Members’ Bill?

About: A Member of Parliament (MP) who isn’t a minister is called a private member. The aim of a private member’s bill is to highlight issues and gaps in the current legal framework that individual MPs believe need legislative action.
- Thus, it represents the opposition party’s stance on public issues.
However, Members of Parliament of both the ruling party as well as the opposition can introduce a Private Member Bill.
Drafting: The Private member responsible for drafts it, and its introduction in the House requires a month’s notice.
Rules: Government bills can be introduced and discussed any day, while private member’s bills are limited to Fridays. The House rejecting a private member’s bill does not affect parliamentary confidence in the government or necessitate its resignation.
Post Discussion Actions: After the discussion, the member sponsoring the bill can withdraw it at the minister’s request or proceed with its passage.
- The last private member’s bill passed by both Houses was in 1970.
- It was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill of 1968.
Notable Private Member’s Bills: So far, 14 private member’s bills have become law, including five introduced in the Rajya Sabha. Notable examples include:
- Proceedings of Legislature (Protection of Publication) Bill, 1956 (Lok Sabha)
- Salaries and Allowances of Members of Parliament (Amendment) Bill, 1964 (Lok Sabha)
- Indian Penal Code (Amendment) Bill, 1967 (Rajya Sabha).

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Difference	Private Members’ Bill	Public Bill
Introduction	In either house of parliament	In either house of parliament
Introduced by	Any member of the parliament other than a minister	Minister
Chance of Approval in Parliament	Lesser Chance	Greater Chance
Implication of Rejection of the Bill	No effect on the government’s position	Expression of want of parliamentary confidence in the government and may lead to its resignation.
Notice Period for Introduction	One month’s notice	Seven Days’ Notice
Drafting of the Bill	Member who is introducing it will only draft it	Concerned Department in consultation with the law department

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