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Indian Parliament (Part 01- Remaining Topics) (Devices of Parliamentary…
Indian Parliament (Part 01- Remaining Topics)
Devices of Parliamentary Proceedings
Question Hour
First hour of every parliamentary sitting
Questions are asked form Ministers and can also be asked from Private Members (YELLOW)
Mentioned in Rules of
Procedure of Parliament
Questions are of three types
Starred :
They require oral questions and supplementary questions can follow. They are characterized by an asterisk (*). (GREEN)
Unstarred :
They require a written answer and thus, supplementary questions can not follow. (WHITE)
Short :
Notice : Asked by giving a notice of less than 10 days and is answered orally. (PINK)
Zero Hour
It's
not mentioned in Rules of Procedure
unlike Question Hour
Indian Creation, an informal devise to raise matters in Parliament without any prior notice.
It's the time gap between question hour and the agenda of the day.
It was put to practice in 1962 for the first time.
MOTIONS
A Motion is moved either by a minister or a private member
No discussion on a matter of public importance can be held except on a motion made by the consent of a presiding officer.
The viewpoint of the house is expressed by either adoption or rejection of the motion after the discussion.
3 TYPES OF MOTION
SUBSTANTIVE
Self- Contained, Independent Motion
Deals with very important and peculiar issues like Impeachment of President.
Example: Resolutions
SUBSTITUTE
It is moved as a replacement to another motion under discussion.
If adopted by the house, it supersedes the original motion.
SUBSIDIARY
It isn't Self- Contained and Independent and has no meaning of it's own
It is moved in conjugation to an original motion
It further has 3 sub- types
Amendment
Superseding
Ancillary
Closure Motion
Moved by a member to cut short the debate being discussed under an already adopted motion
4 TYPES
Simple-
Matter sufficiently discussed and must be voted upon
Compartment-
Multiple similar clauses of a bill are compartmentalized into larger groups and these groups are put to vote rather than each and every individual clause. This saves time
Kangaroo-
Only imp clauses are taken up for debate and put to vote. All intervening clauses are skipped and taken as passed.
Guillotine-
non- discussed clauses are put to vote in entirety along with the discussed clauses. This saves time.
Privilege Motion
Concerned with the breach of Parliamentary Privileges of a minister.
Moved by a member against a minister when former feels that latter has breached his privileges by giving falsified information and facts on the floor of the house.
It has an
element of censure against the minister
, if it's moved against him/her. Also, it can be moved against any private entity, which has prima-facie breached parliamentary privilage.
Rule No 222 in Chapter 20 of the Lok Sabha Rule Book
and correspondingly
Rule 187 in Chapter 16 of the Rajya Sabha rulebook
governs privilege.
Constitution (Article 105)
mentions two privileges,i.e. freedom of speech in Parliament and right of publication of its proceedings.
Eg: Recently, Trinamool MP Mahua Moitra has moved a breach of privilege motion in the Lok Sabha against a private Hindi news channel and its Editor for reporting that her first speech in Parliament was plagiarised.
Calling Attention Motion
Moved my a member to seek attention of a minister on an urgent matter of public importance and seek an authoritative statement form him.
Like Zero Hour, its an
Indian innovation
in parliamentary affairs but it is measured in
Rules of Procedure
.
Came to existence in 1954.
Adjournment Motion
Involves an element of censure against the government and thus, can't be moved in RS.
Discussion on Adjournment shall not be for a
duration less than 150 minutes.
Aims to draw attention of the house on a matter of urgent public importance.
The motion must be
supported by 50 members
before it is moved.
When the motion is being discussed, the Speaker has no power to adjourn the House for the day. Once the debate on adjournment motion starts, it has to be concluded and decision arrived at without interruption of the House.
In the event of an adjournment motion being adopted, the House automatically stands adjourned. The Government can be asked to seek vote of confidence in the house in next sitting.
No- Confidence Motion
Lok Sabha can suspend the council of ministers and cause the dissolution by passing the motion of no- confidence.
This motion is practically adopted when ruling party doesn't command majority in Lok Sabha anymore and hence, doesn't represent the mandate of public anymore.
Motion- of- Thanks - Special Sitting by President (Article 87)
First sitting after every general election and financial year
is addressed by the President in a special sitting of both the houses combined. This President's address is a statement of the legislative and policy achievements of the government during the preceding year and gives a broad indication of the agenda for the year ahead. The addresses are discussed in the parliament under a motion that is called as
"Motion of Thanks".
The Motion of Thanks is put to vote in each house separately and is generally passed.
If, MoT fails to pass in any of the house, it is equated as an element of censure against the government and can lead to dissolution.
Point of Order
Moved by a member when proceedings of the house aren't following the normal procedures mentioned in the Rules of Procedure. This puts such a lapse in the cognizance of the speaker, who may/mayn't accept the Point.
It causes adjournment of the house.