CONTENTS Foreword i Introduction iii Preface vii Abbreviations xiii Chapter 1 Rajya Sabha: Evolution, Powers and Position 1
Chapter 2 Composition of Rajya Sabha Constitutional provisions 19 Fourth Schedule as on 26 November 1949 20 Fourth Schedule as on 26 January 1950 20 Rajya Sabha-initial constitution 21 Fourth Schedule as amended in 1956 22 Changes in the composition 23 Present allocation of seats 24
Chapter 3 Membership of Rajya Sabha Qualifications 27 Disqualifications Constitutional provisions 28 Expression ‘office of profit’ 28 Statutory exceptions to office of profit 29 Additional statutory disqualifications 30 Decision on disqualification 32 Disqualification on ground of defection 32 Exceptions 33 Decision on disqualification 33 Rules framed under the Tenth Schedule 35 Election 36 Single transferable vote procedure 41 Nominations 44 Appellation M.P. 45 Term of office 46 Vacation of seats 51 Salary, allowances, pension and other facilities 59 (xviii)
Chapter 4 Presiding Officers of Rajya Sabha and Other Parliamentary Functionaries Vice-President ex-officio Chairman 71 Deputy Chairman 81 Chairman pro tem 87 Panel of Vice-Chairmen 87 Non-panel member presiding 89 No appeal against the decision of Deputy Chairman/Vice-Chairman 89 Chairmen of Parliamentary Committees 91 Leader of the House 93 Leader of the Opposition 100 Ministers 105 Attorney-General for India 111 Whips 114 Secretary-General 115
Chapter 5 Relationship between the Constituents of Parliament President and Parliament 128 Provisions regarding the President 128 Procedural restrictions in the House 135 Disturbances during the Address 137 Relations between the Houses 138 Communications between the Houses 138 Joint sitting of the Houses 140 Joint sittings held so far 141 Inter-relationship through practice and procedure 143 Controversies between the Houses 146
Chapter 6 Sessions of Rajya Sabha Summoning by the President 164 Summons to members 167 Extension of session 174 Adjournment sine die 174 Adjournment sine die before schedule 175 Prorogation and its effects 177 Effect of dissolution of Lok Sabha on business before Rajya Sabha 179
Chapter 7 President’s Address, Motion of Thanks and Messages Constitutional provisions 186 Date and time for the Address 187 (xix)
Ceremonies connected with the Address 187 Significance of the occasion 189 Incidents of disturbances during the Address 189 Contents of the Address 191 Separate sitting and laying a copy of the Address 191 Procedure for correction of errors, if any, in the Address 192 Discussion on the Address by Motion of Thanks 193 Amendments to the Motion of Thanks 195 Conveying the Motion of Thanks to the President 200 Messages of the President and Communication to the House 201 Communications between the President and Rajya Sabha 201 Chapter 8 Parliamentary Privileges Nature of privilege 204 What is contempt 204 Constitutional provisions 205 Statutory provision 205 Privileges based on Rules of Procedure and precedents 205 Consequential powers of the House 206 Penal powers of the House 206 Freedom of speech and immunity from court proceedings 206 Questioning a member for his disclosure in the House 208 Right to exclude strangers 209 Right to control publication of proceedings 209 Premature publication of proceedings 210 Publication of expunged proceedings 211 Misrepresentation of proceedings 211 Right of the House to regulate its proceedings 214 Production of documents before a court 215 Freedom from arrest 217 Arrest for criminal offences or under preventive detention laws 218 Detained member’s right to attend session 218 Exemption from attending as witness in a court 219 Immunity from service of legal process and arrest within the precincts of the House 219 Intimation about arrest, etc. of members 220 Withholding communications from a member in custody 222 Ill-treatment of members by police/jail authorities 222 Handcuffing of members 224 (xx)
Imputing motives to members 224 Speeches and writings reflecting on the House, its members, etc. 225 Statements made in affidavits/writs 229 Assault, etc. on members 230 Intimidation of members 230 Power of the House to punish for breach of privilege or contempt 231 Punishments for breach of privilege or contempt 231 Disturbances from Visitors’ Gallery 233 Making a deliberately misleading statement in the House 234 Cases not amounting to breach of privilege 236 Some typical privilege issues raised in Rajya Sabha 238 Breach of propriety 240 Procedure for dealing with questions of privilege 243 One House not to comment upon the proceedings of the other House 249 Reference of questions of privilege to Committee of Privileges by Chairman 250 Procedure for calling a member of Rajya Sabha for appearing as witness before a Committee of State Legislature 251 Supreme Court and matter of privilege 252 Legal process 252 Privilege jurisdiction on a foreign national 253 Codification of privileges 253
Chapter 9 Rules of Conduct and Parliamentary Etiquette General observations 260 Punishment on an erring member 261 Reprobation of conduct 261 Withdrawal from the House 262 Suspension 263 Expulsion 264 Customs and Conventions 264 Rules to be observed in the House 267 Rules to be observed while speaking 274 Allegations against members 279 Questions to be asked through the Chair 279 Irrelevance or repetition 279 Procedure when Chairman rises 280 Members having personal interest in a matter before the House 280 Code of Conduct for members 281 (xxi)
Chapter 10 Political Complexion of Rajya Sabha Chairman’s Direction 287 Membership of a political party under the Tenth Schedule to the Constitution 288 Expulsion and its effect on the status of a member 291 Facilities on recognition 293 Changing party-position in Rajya Sabha 296
Chapter 11 Sittings of Rajya Sabha Fixation of sittings 301 Provisional Calendar of sittings 301 Sitting on a Saturday 302 Observance of holidays 302 Non-fixation of sittings on occasions 305 Cancellation of sittings 305 Time of commencement of a sitting 307 Time of commencement of sittings on some special occasions 309 Mode of commencement of a sitting 311 Quorum for a sitting 311 Lunch recess 315 Suspension of a sitting for a while 316 Conclusion of a sitting 318 Adjournment for the day before scheduled time 319 Sitting beyond midnight 321 Playing of National Anthem and National Song 322 Adjournment sine die 323 Special sittings 323 First sitting of Rajya Sabha 323
Chapter 12 Oath or Affirmation by Members Legal provisions 328 Rights, etc. of a member before making oath/affirmation 329 Time limit for making oath/affirmation 330 Procedure regarding oath/affirmation 331 Oath/affirmation in the Chairman’s Chamber 334 Solemnity of the occasion 335
Chapter 13 Seating Arrangement in the Chamber Seating capacity 338 Presiding Officer’s Chair 339 (xxii)
General seating arrangement 339 Allotment of seats 340
Chapter 14 Leave of Absence to Members Constitutional provision 346 Attendance Register 346 Procedure for granting leave of absence 347 Disposal of leave applications 349 Non-granting of leave of absence 351 Vacation of seat on account of absence 351 Absence of Deputy Chairman, Leader of the House and Ministers 352 Leave of absence to a member appointed as Chief Minister 353 Leave of absence to a member who has not made and subscribed oath/affirmation 353 Leave of absence to a member whose resignation is under consideration 354 Revocation of grant of leave of absence 354 Payment of daily allowance during leave of absence 354 Information regarding attendance of members 354 Supply of information from Attendance Register to courts 354
Chapter 15 Arrangement of Business Government business 357 Papers laid on the Table 358 Statements to correct inaccuracies 359 Statements in response to calling attention 360 Statements by Ministers on matters of public importance 360 Personal explanation 361 Motions for election to Committees 362 Motions for introduction or withdrawal of Bills 362 Legislative business 362 Motions 362 Resolutions 363 Discussions 363 Financial business 364 Time for Government business 364 Arrangement of Government business 365 Statement of General Business in the House 366 Private members’ business 369 List of business 372 (xxiii)
Chapter 16 Obituary and Other References Obituary references 377 Tributes and homage 389 Felicitations, appreciation and greetings 391 References to Secretary-General, Rajya Sabha 394 Welcome to foreign parliamentary delegations 395 References on solemn or significant occasions 395 References to tragic happenings 396 Resolutions adopted unopposed 398 Good wishes to retiring members and welcome to newly elected/nominated members 399 Valedictory remarks on the conclusion of the session 400
Chapter 17 Questions Time for questions 407 Non-allotment of time for questions 408 Question Hour during extension of session 410 Transfer of Question Hour due to cancellation of a sitting 410 Suspension of Question Hour 411 Extension of Question Hour 413 Early end of Question Hour 415 Point of order during Question Hour 416 Disposal of questions in some contingencies 417 Notice of questions by members 420 Form of notice of questions 421 Notice to Ministers 422 Types of questions 423 Limit on number of questions 423 Allotment of days for questions 424 Questions to private members 425 Conditions of admissibility of questions 425 Chairman’s decision on admissibility of questions 433 List of questions and draw of lot 434 Clubbing of names of members 436 Consolidation of questions of same or allied subjects 437 Order and mode of calling and asking of questions 437 Taking of identical questions together 438 Supply of copies of answers to questions 439 Answers to questions by Ministers 440 (xxiv)
Ministerial responsibility during Question Hour 442 Correction of answers to questions 443 Withdrawal or postponement of questions 445 Transfer of questions 447 Questions of absent members 448 Absence of questioners during Question Hour 451 Supplementary questions 452 Limit on the number of supplementaries and coverage of questions during Question Hour 454 Use of languages other than Hindi and English during Question Hour 458 Advance publicity to answers to questions 459 Short notice questions 459 Half-an-hour discussions 461 Chapter 18 Calling Attention Absence of adjournment motion in Rajya Sabha 471 Old procedure of Motion for Papers 472 Introduction of calling attention procedure 473 Provisions in rule 180 474 Procedure for giving notices 474 Admission of a notice 476 Non-admission of a notice 478 Modification of a notice and its transfer to a Minister 478 Priority of notices 481 Lapse of a notice 482 Intimation about an admitted notice 482 More than one Calling Attention on a day 482 Time for taking up Calling Attention 483 Postponement of Calling Attention 485 Mode of calling the attention 486 Circulation of copies of the statement in the Chamber 487 Statement by the Minister in response to Calling Attention 487 Calling Attention of an absent member 491 Procedure for seeking clarifications 492 Order of calling members for seeking clarifications 492 Postponement of clarifications 494 Time-limit for seeking clarifications 494 Reply to clarifications 494 Correcting the statements or further clarifying points 495 (xxv)
Time for conclusion of Calling Attention 496 Conversion of Calling Attention into discussion 497 Calling Attention on a sub judice, matter 498 Important subjects raised through Calling Attention 499 Chapter 19 Zero Hour Submissions Definition 509 Origin 510 Raison d’etre of Zero Hour 511 Regulating Zero Hour 512 Views of the Business Advisory Committee 513 Recommendations of the Rules Committee 514 Current practice 514 Follow-up action 514 Chapter 20 Special Mention Genesis of the procedure 516 Procedure 518 Notices 518 Chairman’s discretion 519 Number of Special Mention matters per sitting 521 Time for making Special Mention 521 Mode of making Special Mention 522 Time limit for conclusion of Special Mentions 522 Special Mentions on alternate days 523 Entry in Bulletin Part-I 523 Follow-up action on special mention raised 523 Chapter 21 Legislation Format of a Bill 528 Types of Bills 530 Requirements of a Bill 530 Legislative competence of the House 531 Three Readings of a Bill 533 Government Bills-originating in Rajya Sabha 534 Formulation of legislative policy 534 Preparation of a Bill 535 Choice of the House 535 Scrutiny of a Bill before introduction 536 Publication of a Bill before introduction 537 Circulation of copies of a Bill to be introduced 538 (xxvi)
Introduction of a Bill (First Reading) 539 Publication and circulation of a Bill after introduction 540 Motions after introduction of a Bill (Second Reading) 541 Motion for consideration 541 Circulation for public opinion 542 Motion for reference to Select/Joint Committee 543 Reference to a Joint Committee by Presiding Officers 548 Reference to Department-related Parliamentary Standing Committee 548 Procedure after presentation of report of Select/Joint Committee 550 Procedure after presentation of report of Standing Committee 551 Clause-by-clause consideration 551 Amendments to clauses 552 Amendments to amending Bill 553 Amendments to repealing and amending Bill 553 Amendments to expiring laws continuance Bill 553 Amendments requiring President’s recommendation 554 List of amendments 555 Moving, consideration and withdrawal of amendments 555 Passing of a Bill (Third Reading) 556 Correction of patent errors 556 Adjournment of debate on a Bill 557 Withdrawal of a Bill 558 Removal of a Bill from Register of Bills 559 Bills other than Money Bills returned by Lok Sabha with amendments 560 Bills originating in Lok Sabha and transmitted to Rajya Sabha 560 Assent to Bills 563 Assent to Bill 563 Withholding of assent 564 Return of a non-Money Bill for reconsideration 564 Money Bills and Financial Bills 566 Money Bills 566 Definition of a Money Bill 566 Certification of a Money Bill 567 Special procedure in respect of a Money Bill 568 Objection to introduction of a Money Bill in Rajya Sabha 571 Financial Bills 571 Financial Bills of category ‘A’ 572 Financial Bills of category ‘B’ 572 (xxvii)
What are not Financial Bills 573 Objection to introduction of a Bill under article 117(1) 574 Reference of a Financial Bill to a Select/Joint Committee 574 Bills seeking to replace Ordinances 575 Promulgation of Ordinances 575 Objection in the House 576 Laying of an Ordinance 577 Bill replacing Ordinance 578 Private members’ Bills 579 Notice 579 Drafting 579 Precedence 579 Introduction 580 Motions after introduction 581 Recommendation of the President 581 Adjournment of debate 582 Circulation for opinion 583 Register 583 Private members’ Bills enacted into law 584 Constitution Amendment Bills 589 Parliament’s power to amend the Constitution 589 Salient features of article 368 589 Constitution Amendment Bills introduced in Rajya Sabha 591 Categories of amendments 593 Amendment by simple majority 593 Amendment by special majority 594 Amendment by special majority and ratification by State Legislatures 596 Chapter 22 Resolutions Private Members’ resolutions 608 Government resolutions 615 Resolutions for approving international treaties, conventions or agreements 615 Resolutions declaring or approving certain policies of the Government 616 Resolutions approving recommendations of the Committees 617 Statutory resolutions 617 (xxviii)
Resolutions under the Constitution 617 Resolution for disapproval of an Ordinance (article 123) 618 Resolution for Legislation by Parliament on a State subject (article 249) 619 Views of Sarkaria Commission on article 249 621 Resolution for creation of an All-India Service (article 312) 622 Resolution for approval of Proclamation of Emergency (article 352) 622 Resolution for approval of Proclamation on failure of constitutional machinery in a State (article 356) 623 Resolution for approval of Proclamation of Financial Emergency (article 360) 630 Resolutions under Acts of Parliament 631 Effect or force of resolutions 631 Chapter 23 Motions and Short Duration Discussions Motions 637 Definition and classification 637 General rules relating to motions 638 No-day-yet-named motions 639 Discussion on a motion 640 Repetition and withdrawal of a motion 641 Dilatory motion 642 Amendments 642 Subject-matter of a motion 643 Progress of motion adopted on 10 August 1978 643 Motion regarding persistence of violence in Gujarat 648 Government motions 648 Statutory motions 650 Short duration discussions 650 No-day-yet-named motion and short duration discussion – difference 652 Short duration discussions on important subjects 653 Chapter 24 Procedure in Financial Matters The Budget 659 Distribution of Budget sets 660 Alleged leakage of Finance Bill 660 Alleged leakage of Budget 661 General discussion on Budget 661 (xxix)
Discussion on working of Ministries 662 Appropriation and Finance Bills 663 Chapter 25 Committees Committee Structure in general 666 How Committees are generally constituted in Rajya Sabha 669 Individual Committees 670 Business Advisory Committee 670 Committee on Petitions 678 Committee of Privileges 684 Committee on Ethics 692 Committee on Subordinate Legislation 695 Committee on Government Assurances 706 Committee on Papers Laid on the Table 712 House Committee 717 Committee on Rules 718 General Purposes Committee 723 Committee on Provision of Computers to Members of Rajya Sabha 726 Committee on Member of Parliament Local Area Development Scheme 726 Select/Joint Committees on Bills 727 Department-related Parliamentary Standing Committees 741 Financial and other Committees on which Rajya Sabha is represented 747 Committee on Public Accounts 747 Committee on Public Undertakings 749 Railway Convention Committee 750 Committee on the Welfare of Scheduled Castes and Scheduled Tribes 751 Joint Committee on Offices of Profit 751 Library Committee 752 Committee on Empowerment of Women 752 Statutory Joint Committees 753 Joint Committee on Salaries and Allowances of Members of Parliament 753 Joint Parliamentary Committee on Official Language 753 Ad hoc Joint Committee on Judges (Inquiry) Rules, 1969 753 Ad hoc Consultative Committees under State Legislature (Delegation of Powers) Acts 753 Ad hoc Committees 754 Committee constituted by Rajya Sabha 754 (xxx)
Committees appointed by the Chairman 754 Joint Committees appointed by motions 754 Joint Committees appointed by Presiding Officers 755 Consultative Committees 756 Government Committees 757 Chapter 26 General Rules of Procedure Notices 772 Recommendation of the President 774 Rules to be observed by members 775 Discussion on sub judice matters 775 Participation in proceedings of a member appointed a Minister in a State 776 Making of allegation against a person 777 Personal explanation 779 Order of speeches and the right of reply 782 Closure 783 Limitation of debate 783 Question for decision 784 Laying of papers on the Table 784 Laying of papers by Ministers 784 Laying of correspondence between Ministers 786 Laying of correspondence between the President and the Prime Minister 788 Laying of State correspondence 789 Competence to lay a paper on the Table 789 Laying of papers by the Secretary-General 790 Laying of papers by a private member 795 Laying or quoting from secret documents (CBI Report) 798 Statement by Minister 799 Division 803 Operation of Division Bells 805 No speeches during a division 805 Discretion of the Chair not to allow a division 806 Division by Automatic Vote Recorder 806 Division by distribution of slips 808 Division by going into the Lobbies 808 Abstention not counted for ‘Present and Voting’ 809 Voting by Presiding Officers 809 Casting vote by Presiding Officer/Chairman of Committee 809 (xxxi)
Points of Order 810 Introduction 810 What is a point of order 810 Provision in the Rajya Sabha Rules 811 How a point of order is raised 811 Procedure after a point of order is raised 811 Who can raise a point of order 812 What is not a point of order or when a point of order should not be raised 813 No point of order on a business not before the House 813 No point of order on a point of order 813 No point of order on a matter under Chairman’s consideration 813 No point of order to question Minister’s remark 814 During question time and half-an-hour discussion 814 During the division 814 Asking for procedural advise 814 Other instances or situations 814 Preparation of official proceedings 816 Reporting of Proceedings 816 Reporting of Proceedings of Committees 818 Expunction of words from proceedings of House 818 Expunction and subsequent restoration 821 Admission of strangers to Rajya Sabha Galleries, etc. 822 Suspension of rules 824 Residuary powers of the Chairman 825 Chapter 27 Servicing Rajya Sabha Rajya Sabha Secretariat 831 Recruitment and Conditions of Service Rules 832 Recruitment process 835 Reservation for SC/ST/OBC candidates 835 Broad organisational set-up 835 Pay and Accounts Office 843 Live telecast of Rajya Sabha proceedings 843 The Budget of Rajya Sabha 844
Appendix - Sessions of Rajya Sabha 845 Subject-Index 853