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Indian Polity notes by Laxmikant - Parliamentary Procedures

                                           Parliamentary Procedures


i) Session: Session is a time span or period between commencements of the business of the parliament until it’s concluded.

·         Parliament should have min. 2 sessions in 1 yr. but that gap between session & other is 6 months and should not be exceeded.
·         No sealing of the maximum Session.
·         Now as a convention, there are 3 sessions.
·         On an average 3 sessions combined have 90 – 95 days.

-1st Session: (Budget Session), in month of Feb – April, extending up to May.
-2nd Session: (Monsoon Session) in July – August
-3rd Session: (Winter Session) in Nov – Dec.
·         However a special session may be convened accordingly.
·         Sessions are divided into seating’s (sittings)
·         Sitting is separated by adjournment.

ii) Adjournment:
·         It is the means of postponing the business of the house for a specific time.
·         Presiding officer adjourn the houses.

iii) Adjournment Sine-die: If the business of the house is postponed indefinitely without time & date, it is called Adjournment Sine-die.
-Presiding officer adjourn ‘Adjournment Sine-die’.

iv) Prorogue: Termination of the Session or putting an end to the session. Prorogue is a long Adjournment.
·         President of India prorogue the houses.
·         Governor prorogues the state legislature. When the house is prorogued, no impact is felt on the pending bills.
·         But, notices, pending in the house will be lapsed.

v) Quorum:
·         Minimum no. of members to be present in each house in order to transact the business.
·         In India, Quorum is 1/10th of the total members of the house, including the presiding officers.
·         But at state level min. no. of members to be present is ‘10’ or 1/0th whichever is high.

vi) Question Hour: Question Hour is a legislative device/process of asking & answering the question.
·         No question can be asked without prior notice. The question hour is held every 1st hour of each day.
·         Every day the business of parliament commences with a question hours usually for 1 hr.
·         There are 3 types of question hours.

1.      Started Questions: for these, the ministers concern will be given in oral reply. There is possibility of asking or 2 supplement question.
2.      Unstarted Question: for these, the ministers concerned will give written form.
3.      Short notice duration question: the minister concern has to give reply within 10 days only.

vii) Zero hour:
·         This hour commences after completion of question hour. There is no specific timing for zero hour.
·         The questions can be asked without prior notice but the members can’t insist for answers.
·         The word ‘0’ hour is not mentioned in the parliamentary rules & procedures.
·         This procedure is indigenous (Indian) procedure, term coined by the press.

a) Calling Attention motion: It is also an indigenous procedure. This motion can be initiated in either house. For that, a notice signed by 2 members must be presented to presiding officer. (Admitting/ not admitting any motion is discretionary power of presiding officer).
·         The purpose of calling attention motion is to attract the attention of the minister concerned on a very important public problem, urgent in nature; in order to get authentic information.
·         This motion does not involve debate & voting. Simply minister makes a statement.

b) Adjournment motion:
·         This is very powerful motion, an exclusive motion of lower houses (LS and Assembly).
·         For moving this motion, a notice signed by 50 members shall be given to speaker.
·         The speaker admits the motion and all the business pending before the house hereby is adjourned.
·         The purpose of this motion is to attract the attention of the house in a very important public problem, urgent in nature.
·         There will be discussion & voting on this motion.
·         If the motion is approved, Govt. need not resign, but Govt. is put to severe criticism, reprimand.

c) No confidence motion:
·         It is an ultimate motion. If this motion is approved by majority, Govt. has to resign.
·         This motion has to be introduced in lower house. For that, a notice signed by 50 members, shall be presented to speaker.
·         If admitted there will be discussion & voting. To introduce this motion, no specific reason is to be mentioned or included.
·         As a convention, not more than 2 no. confidence motions are allowed in the span of 6 months.

d) Motion of confidence:
·         This motion is also introduced in lower house. This motion is initiated by the executive.
·         The PM or CM asks the house to express the confidence in his/her Govt.
·         This motion is put to vote, usually no discussion. If the majority members express confidence, Govt. survives else the Govt. resigns.

e) Censure motion:
·         This motion can be initiated in either house. It can be introduced against minister or some ministers or either COMs.
·         The purpose of this motion is to serve a warning to the ministers, who are not discharging their duties properly or having certain allegations in their ministry.
·         In rare cases discussion & voting is allowed.

f) Point of order: A kind of objection mentioned in the house.
·         The purpose of this point of order is to verify whether the house is transacting its business properly or not.
·         Speaker ruling is final.

g) Mention under rule 377:
·         A matter which cannot be mentioned in any procedure so far explained (above), can be mentioned under this rule.
·         Generally the difficulties faced by MPs, while they are interacting with Govt. authorities are mentioned under this category.
·         This mention is known as special mention in RS.

h) Lame duck session:
·         It is the last meeting of members who are not elected in the eventual elections, will have joint meeting with the elected members.
·         This procedure does not exist in India.

i) Floor crossing:
·         Member of an opposition party joining a party which is in power.

j) Carpet crossing: Member of a party in power joining the opposition party.

k) Horse trading: Jumping from 1 party to other generally known as deflection.

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