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Private Members' Legislation PRIVATE MEMBERS' LEGISLATION RAJYA SABHA SECRETARIAT NEW DELHI September, 2013 No. RS.6/4/2013-B 1st Revised Edition, 2013 © Rajya Sabha Secretariat, New Delhi. Website: http://parliamentofindia.nic.in http://rajyasabha.nic.in Price: ` 250/- Published by Secretary-General, Rajya Sabha and printed by General Manager, Government of India Press, Minto Road, New Delhi - 110 002. PREFACE The raison d’etre of Parliament is to enact laws for the governance of the country. This is done either through a Government Bill or a Private Members' Bill. While predominantly Bills are initiated by the Government, yet the role of Private Members in law making is noteworthy. In fact, there have so far been 14 Private Members' Bills which were finally enacted in law. Out of these 5 were introduced in the Rajya Sabha. It is through such initiatives that Members have rendered significant contribution in persuading the Government to enact suitable legislation on various subjects. On the occasion of the 200th Session of Rajya Sabha in 2003, a publication was brought out on Private Members' Legislation. This was a unique attempt made by the Rajya Sabha Secretariat to collate information from 1952 onwards in the area of legislation and role played by Private Members, in particular, in making law. This publication brings out the impact of Private Members' Bills in shaping the policies of Government besides explaining the procedures related to Private Members’ Bill. Since 2003 there have been significant developments and, therefore, a need has been felt to revise the edition. The officers and staff of the Bill Office have taken considerable efforts to make this a reference book on Private Members' Legislation. I hope their endeavor will be appreciated by all. NEW DELHI; SHUMSHER K. SHERIFF, 19 September, 2013 Secretary-General. CONTENTS PAGES 1. Introduction................................................................................... 2. Notice of Private Members' Bills .................................................. 3. Drafting of Private Members' Bills and their examination ........... 4. Question of legislative competence of the Council....................... 5. Introduction of Private Members' Bills ......................................... 6. Procedure relating to Money Bills/Financial Bills ........................ 7. Recommendation of President ...................................................... 8. Relative precedence and discussion on Private Members’ Bills ... 9. Circulation of Private Members' Bills for the purpose of eliciting opinion ............................................................................ 10. Adjournment of debate on a Bill................................................... 11. Removal of a Bill from Register of Pending Bills ........................ 12. Private Members' initiative becoming Law of the Land ............... 13. Contribution of Women members towards Private Members' Legislation .................................................................................... 14. Private Members' Bills initiated on matters pertaining to Parliament, State Legislature and the Secretariat .......................... 15. Conclusion .................................................................................... ANNEXURES I. (Extracts from the Rules of Procedure and Conduct of Business in the Council of States)` .............................................................. II. (Directions issued by the Hon'ble Chairman relating to transaction of Private Members' Bills published in the Parliamentary Bulletin Part II No. 36268 dated the 2nd May 1997) ................................. III. (Time limit for Discussion on Private Members' Bills/Resolution published in the Parliamentary Bulletin Part-II No.150 dated the 27th May, 2008) ............................................................................ IV. (Statement showing the Bills introduced in and considered by Rajya Sabha till the 228th Session) .............................................. V. (Statement indicating details of Private Members' Bills enacted .. PRIVATE MEMBERS' LEGISLATION Introduction One of the main functions of our Parliament, like any other legislative body, is to legislate or make laws. In India, the legislative powers have been divided between the Centre and the States, as given in the Seventh Schedule of the Constitution. Article 245 of the Constitution defines the ambit of territorial limits of the legislative powers vested in Parliament and legislatures of States whereas article 246 defines the respective jurisdictions of the Union and State Legislatures as regards subjects of legislation. It is in this background that Parliament, which consists of the President and two Houses of Parliament, namely, Rajya Sabha and Lok Sabha, has been transacting legislative business since its inception. Rajya Sabha and Lok Sabha play their respective roles in regard to legislation. All legislative proposals can be brought before either of the House in the form of Bills. These Bills may be classified into Government Bills and Private Members' Bills. Government Bills are those which are introduced by a Minister. A Member of Parliament, other than a Minister (i.e., not a member of the Government) is known as a Private Member. A Bill initiated by any such member is called a Private Member's Bill. In Rajya Sabha and Lok Sabha, as also in other State Legislatures, a particular day of every week is kept aside for transation of Private Members' Legislative Business. In Rajya Sabha two and half hours i.e., from 2.30 p.m. to 5.00 p.m. on every alternate Friday are generally allotted for transaction of Private Members' Legislative Business. If the sitting earmarked for Private Members’ Legislative Business happens to be on a hoilday, the Chairman may direct the Business to be taken up on any other day during the week. Private Members comprise the vast majority of the membership in Rajya Sabha but account for a minuscule proportion of the Bills which are eventually enacted into law. This is despite the fact that the Private Members' Bills introduced, outnumber the Government Bills introduced at any given point of time. Notice of Private Members' Bills Any member, other than a Minister desirous of introducing a Bill is required to give a notice of his intention to move a motion to introduce a Bill. 2 Rajya Sabha The period of notice to move a motion for leave to introduce a Bill is one month, unless allowed by the Chairman to be moved at a shorter notice (See Annexure-I). Prior to the year 1997, a member was allowed to introduce a maximum of three Bills in a sitting of Rajya Sabha. This practice led to huge accumulation of pending Bills in Rajya Sabha and their number kept on increasing in successive sessions without any increase in their disposal as very less number of Bills were coming for discussion in the House. To overcome this situation, the Chairman issued a direction putting a restriction on number of Bills that could be introduced in Rajya Sabha (See Annexure- II). Now a member can introduce a maximum of three Bills in a Session in Rajya Sabha. In Rajya Sabha, there is no rule for disallowing a notice of a Private Member's Bill identical to the Bill already pending in the Rajya Sabha. However, such a Bill can be disallowed under the residuary power of the Chairman under Rule 266. However, if substantial changes are effected in the Bill, the notice is admitted for introduction. There is no restriction to a Bill being introduced in one House if an identical Bill is pending in other House though members generally do not favour this practice. Drafting of Private Members' Bills and their examination The prime responsibility of drafting a Private Member’s Bill lies with the member concerned. The Rajya Sabha Secretariat, however, provides all possible assistance and advice on the technicalities of the Bill to the member, so as to ensure that the Bills are not rejected on technical grounds. A notice, is, however, disallowed if it is not appended with a Statement of Objects and Reasons, or is not complete or if the necessary recommendation of the President required for the introduction of a Bill under constitutional provisions is not enclosed; or if it is not accompanied by financial memorandum (in those cases where the proposal entails financial implications), or if it does not contain memorandum regarding delegation of legislative power (if envisaged in the Bill), or if the Bill is otherwise defective. The Secretariat examines the Bill in the light of constitutional provisions and relevant rules pertaining to legislation. In Rajya Sabha, the admissibility of a Private Members' Bill is decided by the Chairman. In Lok Sabha also, the admissibility of a Private Member’s Bill is decided by the Speaker, but there is a Committee on Private Members' Bills and Resolutions which inter-alia allots time to Private Members' Bills, examines Private Member’s Bill seeking to amend the Constitution before their introduction; and examines all Private Members' Bills after they are introduced and before they are taken up for consideration in the House and classifies them according to their nature, urgency and importance. After Private Members’ Legislation 3 approval of a draft Bill, requisite number of copies of the Bill are got printed and circulated to members of Rajya Sabha. Two copies of the printed Bill are forwarded to the concerned Ministry and also to the Attorney-General of India for information. Question of legislative competence of the Council Subject to the
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