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Understanding Parliamentary Procedures: Key Devices for Effective Governance in India – (Part 01)

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Parliamentary procedures include essential devices that facilitate effective communication and accountability within the legislature. Key among these are the Question Hour, Zero Hour, and various types of motions. These tools empower Members of Parliament (MPs) to engage with the government, raise urgent issues, and seek information. Understanding these procedural devices is crucial for appreciating the functioning of democracy in India.

Procedural Devices in Parliament

Question Hour

  • Importance of Question Hour: The first hour of every sitting in both the Houses is normally devoted to Questions which are the most potent and effective device in the hands of the members. 
  • Purpose of Questions: Questions are primarily asked to elicit information from the Government to ensure accountability and to ventilate the grievances of the public in matters concerning administration.

Types of Questions

  • Starred Questions(*): These queries are directed for oral replies from the concerned Minister and should be submitted with at least a 15-day notice
  • Supplementary questions can follow 
  • The Lok Sabha schedules a maximum of 20 starred questions for oral response each day.
  • Unstarred Questions: Responses to unstarred questions are given in writing by the relevant Ministry. These also require a submission 15 days prior, and there’s a cap of 230 unstarred questions for written replies each day.
  • Short Notice Questions: When matters of immediate public importance arise, MPs may raise short notice questions with under 10 days’ notice, provided they justify the urgency. 
  • These questions are answered orally.
  • Questions to Private Members: These questions are aimed at individual MPs concerning legislation, resolutions, or particular matters falling within the ambit of their duties in the House
  • These different types of questions are printed in different colors to distinguish them properly. 
  • The list of starred, unstarred, short notice questions and questions to private members are printed in green, white, light pink and yellow colors.

Zero Hour

  • Definition of Zero Hour: Immediately after the Question Hour and before the regular business as entered in the List of Business is taken up, comes the ‘Zero Hour’. 
  • Purpose of Zero Hour: During this period, members try to focus the attention of the House on recent developments of public interest. 
  • Popularity and Practice: Although the term is not mentioned in the Rules of Procedure, it has become a popular device in practice.  
  • Streamlining of Zero Hour: Considering that members cutting across party lines have found this practice useful, the ‘Zero Hour’ has been streamlined recently and is conducted in two phases
  • Phases of Zero Hour: In the first phase, about five matters of urgent national and international importance are taken up after the Question Hour and in the second phase, the remaining matters for the day are taken up after all the listed business of the House is over. 
  • Government’s Obligation: The Government is, however, under no obligation to respond to the matters raised during the ‘Zero Hour’. 
    • It is an Indian innovation and the tradition of the Zero Hour started in 1962.
  • Under the current government, the ‘Question Hour’ has been skipped thrice
  • First, it was skipped in 2017 during a special event at night to start a new tax system, and that meeting was mostly just for show. 
  • After that it was in 2020 because of the COVID-19 pandemic
  • In a special five-day session of Parliament of 2023 also,  ‘Question Hour’ or ‘Zero Hour’ was not upheld.
  • Opportunities for MPs: MPs may raise and debate various issues in the House. 
    • Some of these are  posed as questions in the form of motions and subsequently voted upon by the House. 
  • The House may also discuss issues without voting upon them. 
  • Initiatives by Members: There are a number of opportunities for Members of Parliament to raise issues on their own initiative. Some of these are discussed below. 
    • Motions:  A motion is a proposal brought before the House to elicit the opinion or decision of the House. 

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Specific Types of Motions

Type of Motion/Description Specifics
  • Closure Motion: Moved by a member to cut short the debate on a matter, leading to a vote.
  • Simple Closure: When the matter is sufficiently discussed by all members concerned, then a motion for simple closure is moved. 
  • Kangaroo Closure: This means that instead of discussing all the components of the bill, only important clauses of the bill are discussed and the matter is put to vote. 
  • Closure by Compartments: It means clubbing or grouping of sections that are similar into compartments, then discussing the compartments as a whole and putting the compartments to vote. 
  • Guillotine closure: It means putting all the undiscussed matters to vote along with the discussed matter, when the time allotted for discussion is over. 
  • Privilege Motion: Concerns with breach of Parliamentary privileges by a minister.
    • Proposed by members of the house when they believe that a minister has violated the privilege of the house or one or more of its members by either withholding facts of a case or providing incorrect or distorted information.
  • Censure of minister for breach of privilege.
  • Calling Attention Motion: Calls the attention of a minister to a matter of urgent public importance for an authoritative statement.
  • Indian innovation since 1954
  • Mentioned in the Rules of Procedure.
  • Adjournment Motion: Draws attention to a definite matter of urgent public importance
    • Requires support of 50 Lok Sabha members.
  • Interrupts normal business of the house.
  • Involves censure against the government
  • It is only available in Lok Sabha.
  • Discussion on an adjournment motion should last for not less than two hours and thirty minutes.
  • The ability to propose a motion for the adjournment of the House’s business is limited by the following conditions:
    • The motion must address a specific, factual, urgent, and publicly important matter.
    • It should pertain to only one issue.
    • The motion should be confined to a particular recent occurrence and avoid general terms.
    • It must not involve a question of privilege.
    • The motion should not reintroduce discussion on a topic already addressed in the same session.
    • It should not relate to a matter currently under court adjudication.
    • The motion should not raise a question that can be addressed through a separate motion.
  • No-Confidence Motion: Lok Sabha can remove the ministry from office by passing this motion. 
    • Requires support of 50 members to be admitted.
  • According to Article 75 of the Constitution, the Council of Ministers is collectively accountable to the Lok Sabha. 
  • This implies that the ministry remains in power as long as it retains the confidence of the majority of Lok Sabha members.
  • Confidence Motion: It has emerged as a new procedural mechanism to address the evolving scenarios of fragmented mandates leading to hung Parliaments, minority governments, and coalition administrations.
  • Governments formed with a wafer-thin majority have been tasked by the President to demonstrate their majority in the House. 
  • Occasionally, the incumbent government initiates the process independently, aiming to establish its majority by proposing a motion of confidence and securing the trust of the House. 
  • Should the confidence motion be rejected, it leads to the collapse of the government.
  • Censure motion: Legislative expression of disapproval against a minister or cabinet, indicating dissatisfaction without forcing resignation.
  • It can only be introduced in Lok Sabha
  • It should state the reasons for its adoption 
  • Can be moved against an individual minister or a group of ministers or entire council of ministers
  • If it is passed in the house , there is no need for ministers to resign from the office.
  • Motion of Thanks: Discussion on the President’s address outlining government policies and programmes.

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  • First session after the general election and fiscal year is addressed by the President.
  • The President outlines the policies and programmes of the government in the preceding year and ensuing year.
  • Must be passed in the House , otherwise it amounts to the defeat of the government
  • The President’s inaugural speech provides members of Parliament with an opportunity to initiate discussions and debates, allowing for the examination and critique of the government and administration for any shortcomings and failures
  • No-Day-Yet-Named Motion: Admitted by the presiding officers  but no date fixed for discussion.
  • The presiding officer, taking into account the House’s business and consulting with the leader of the House or based on the recommendation of the Business Advisory Committee, assigns one or more days, or part of a day, for the discussion of a motion.
  • Dilatory Motion: For adjournment of the debate on a bill/motion/resolution etc or a motion to delay or retard the progress of a business under consideration.
  • A member is allowed to propose a dilatory motion at any point after a motion has been introduced. 
  • The discussion on a dilatory motion is limited to the subject stated in the motion. 
  • If the Speaker deems that such a motion is a misuse of the House rules, they can either immediately present the question for consideration or choose not to suggest the question.

 

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Conclusion

In summary, procedural devices in Parliament, such as the Question Hour and various motions, play a vital role in maintaining transparency and accountability. 

  • They allow MPs to address public concerns and hold the government accountable for its actions. 
  • By fostering open discussions, these mechanisms strengthen the democratic process. Thus, effective use of these devices is essential for a vibrant parliamentary democracy.
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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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