Private Members’ Bill

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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