C H A f T H t 11

UnPtLTTnii ot THL »>0RK1WG n> TH, 22 CHAPTER - II Mcxl«llti«» of th< working of the Parli— nt

(a) Parll«Bi«intanr ProciKiur*

Th« Legislative procedure providee an4 insight into the operational equilibriuia and the dynamics of a Consti­ tutional system* It helps the observer to identify the centres of power, in and outside the system^. The chief merit of the procedure of the Indian Parliament is that the Parliament is the aaster of its own procedure. Although our Parliament is much Influenced fay the British parlia- mentary procedure, it has adopted aome procedures which are absent in Britain. A few of these are, allotment of time to business on the recoiaaendation of the Business Advisory coBunittee, discussion of any matter during the *sero hour', calling attention notice, short duration notice etc.^«

The Indian Constitution has conferred uptoOYS the Parliament the power to regulate its own business. Pro­ cedures like voting on demand for grants, passing the b ills etc* have been enumerated in the Constitution itself* The Indian Legislature is the supreme authority to which the executive is made responsible* Parliamentary control 23

OT«r th« axteutlY* Is of different kind*.

Th« Legislative procedure has undergone a change over the years and has evolved a practice which has the following foiu* sources.

a) Statuses as provided by the Constitution.

b) Rules and Standing Orders i The Government of

India Act of 1919 drew a distinction between Rules and

Standing Orders. The rules were to provide for regulat­ ing the course of business and the Standing Orders were laade by the then Central Legislative Assembly for the

conduct of business.

Delegation of functions has becoiae a coauson func­ tion these days due to the workl^Load the ParliameDt has

to clear. The Parliaoent then forms its rules of proce* dure for delegating its functions.

c) kulin«jL from the Chair i The Speaker has the power

to give his ruling in Interpreting the’ rules and proceduras

of the House.

d) Practice in the British House of CoiMaons t The 24

praetic«B in th« Hous« of Commons have always guided th«

Indian Parliament in its procedure*

The beginnings of the Legislative practice in are to be found in the Charter Act of 1^53* The Act of 1861 for the first time made provisions for the adoption of rules for the conduct of business of the then Imperial

Legislative Council. The rules were to be framed by the

Governor General in Council. These rules laade under the above Act were thus the origin of the rules of parliamen­ tary procedure in India.

Summoning, Prerogation and dissolution of the Parliament t

The life of the is iive years (six years under the 42nd Amendment} unless dissolved sooner by the

President. But its life can be extended during r«ational emergency, for a period of not exceeding one year at a time but it cannot be extez^ed beyond six months after has ceased to operate. It is not necessary that the and the Lok Sabha should be summoned at the same time. According to rule 15, the sessions of

Parliament can be adjourned day to day or sine die. 25

Th« Presid«at th« inaugural addraaa to both

th« houaoa togothor avory yaar and informa tha ParXiamant

of tha eauaaa of auanona^* Thia la an inforaativa apaaah

and a«nraa aa a aubjaot for diaouaaion in tha ParXiamant*

Tha addraas ia haard with attantion, raapact and earamonjrt

aa it ia a apaaah froK tha ConatitutionaX Haad of tha

Stata^.

Tha firat aitting of tha houaa ia haXd aftar tha

ganaral aXaetion and the data and tiaa ia apecifiad by tha

Praaidant* Tha Opaakar praaidea ovar tha Houaa undar tha

KoXaa of Procadura, nuubar aXatran.

Prarogation

Tha taraination of a aaaaion ia eaXXad prorogation*

Tha affact of prorogation ia not, aa in Britain, to paaa'^

a apooga ovar tha ParXiaaantary Stata* Tha biXXa panding

in tha Lagialatura at tha %im of praroi^ation do not

Xapaa* On tha contrary in tha Indian ParXianant tha ruXaa

praaeriba that aXX panding notioaa axoapt thoaa for motion

for Xaava to introduce certain biXXa, ahaXX Xapaa* ArticXa

107(3) of the Indian Constitution aavaa certain aattara

or biXXa fron p Xapaing aftar tha ParXiaaent ia prorogued. 26

Motions^ fieaolutlons and Afflttndments which have already

been moved and are pending fcn the House do not lapse^«

One more difference between the procedure in Britain

and in India is that the cosunlttees in England cease to

exist after prerogation, but the select comiiittees in

India continue their work even after prerogation* Any

business pending with the comuittees continues after

prerogation^.

Uissolution

Dissolution of the Lok Sabha strikes off the repre*

sentative character of the individuals who compose it*

It cannot assemble unless new elections are held* The Rajya

Sabha does not stand dissolved as it is a continuous body.

In India, if the Lok Sabha is dissolved any pending

in the Rajya Sabha but not passed by the Lok Sabha does not

lapse‘s* Any bill which has been passed by the Lok Sab|i«

but is pending in the kajya Sabha lapses on the dissolution

of the Lok Sabha, but if in respect of any such bills, the

President has summoned a Joint session of the two houses, and

if the Lok Sabha is dissolved, the bill does not lapse and

a Joint sitting of the two houses may be held in spite of 27

d the dissolution oi' the Lbk Sabha •

If the President is satisfied that a situation haa arisen in which the Governi^ent of a State cannot be carried on in accordance with the Constitution, he tray by proclama­ tion suspend the legislature of the State and direct that the power of the legislature shall be exercised by or under 9 the authority of Parliai&ent * The proclamation reoifiins in force for three years^^»

Pr1.vlle.ye6 of the Parliaiaent

The privileges are certain rights belonging to the

Parliafiient collectively ena to the Kesribers individually

without which it would be ijupossible for the House and

the laeiubers to maintain the dignity and independence of

action. The privileges are special laws which are inter­ preted by the Parliament itself without any outside pressure*

Specific articles of the Constitution in India deal with the powers, privileges and inufiunities of the uembers of the

Parliaicent^^ Each House guards its own privile<^es and is

the sole Judge of any taatter that may arise in the House.

The important privileges include, in case of the meuibers

the freedom from arrest in civil cases, the freedom of speech 28

In Parllamsnt, and the right of the House to reeelve the itaiiiedlate information of the arrest, detention, eonviction, 12 iuprisonment and release of a u.ember •

The committee on privileges appointed by the Speaker exaffilnea every question regardinif; breaoh of privilege.

In addition, each House is given the power to punish per»

sons for contempt, of the House*

(B) SoBte Prominent Inatrumeats of Parliamentary

Control over the Ixecutive

The guestion Houga

Aoong the proceedings of the Parliament, an interest* ing iten is the asking of questions to the relaisters* Ques* tlons put to the iilnisters play an important part in the

Parllamentary procedure* It is through this procedure that the Government is put to trial* The questions are essentially

asked to elicit information from the ministers* The question

hour is the readiest and most effective method of Parliataen-

tary control over the Executive. The/ventilate grievances

and give the menbers an opportunity to share the knowledf.e 29

regarding the working of the Government.

3otm of the rules pertaining to the questions are as follows :

a} Questions relating to one ministry are answered on one day in a week, (b) Not more than five questionsi both starred and unstarred combined, by one meaiber are placed on the list of questions, for any one day. Out of these not otore than three questions are placed on the list of questions for oral answers, (e) Not more than 30 ques­ tions are placed on the list of questions for oral answers on any one aay.

The is the essence of Parliamentary democracy. It act1vises the ministry concerned and the minister has to be ready with the inforiaation on the tips of his tOQguu. It is throuiih questions that the aerabers have a day to day contact with the ministry and the public in general whose grievances are ventllat«Kl in the Parliament.

The questions keep the administration alert and compel the ministry to justify its actions* They pinpoint the defects in the policy and the opposition members wait for this hour to pounce upon the Governroent. The ministers have to be 30

Tery careful in giving the inl'ormation, as these answers are verified by the members.

The questions also test the intellectual calibre of the ministers. Unless the minister is in touch with the department he would not be able to defend himself from the hostile and aggressive onslaughts of the mefflbers. He should be able to forecast the questions that would be put to him and thus be fully informed o£ the matter. SupplementaxT^ ques­ tions put to the ffienibers soaetimes put the ininisters in an embarrassing situation, guick and short answers, backed by correct information only, can satisfy the opposition toembersy who are on their toes to criticize the oinistry.

An analysis of the questions asked and answered during the whole period 1952 to 1971 would be a difficult task, but the following table would indicate the frequency of questions addressed to the miniaters during the third Lok

Sabha (1962«67)^^.

Maine of the uduisury .iu^ibcr of questions

Food, Agriculture, Communication

and Development 6,265 31

Naaae of the mlnlatry Nugiber of Questions

Hoiae Affairs 5,115

Education 4,849

Railways 4,747

Cotij’^aeree 4,227

Finance 3,564

Defence 3.159

External Affairs 3,031

Irrigation and i^ower 2,259

Labour, ^^mployment & Rehabilitation 2,048

As regards Che questions replied by the Horae Ministry the details are as under >

The nuuiber of quebtions answered orally by the Home

Mnistry during the first iok Sabha w«re 2SlO^^« During 15 the second Lok Sabha the number ■& was !>562 ; and in the thiz*d Lok Sabha it was 5115^^. The number Increased 17 during the fourth Lok Sabha to 3633 • The asking and replying of questions took up a considerable time during the debates of the Lok Sabha^^*

The range of questions asked to the Home I'lnistry was very %d.de* ?h€ questions included diverse subjects, i^'embers

asked about the Haxalbari infiltration^^* Another subject

on which the members seemed to have much interest was the 32

20 Vigilance Coiainission • Arrest of Shaikh Abdullah was also a subject on which a question was asked to the Hoiaa /cloister in 1967^^* In 1963 the mebers nagged the minister about the Defence of India Rules and the arrests it«ade under it*^.

Since the Horae l/Jnistry dealt with the boundory disputes^ thfe pembftrs asked for the inforniAtlon on the steps taken to solve the problea or even the amounts of expenditure incurred on tht* t’ifferent Cofiimisaions set up by the Covern- ment^'. Certain aubjtcts like the Ooccuiion Eeecrve Police

Forote or the Border Security Force which had created ten­ sions between the Centre and the States figured in the question bour^^. The subject of scheduled castes tribes h&

The nuiv-ber of questioat asked in the 'vajya Sabha were le&& thau th03e asked in the Lok Sabha due to the siaaller

number af aeuibera in ohe P.ajya Saoha. There were detailed

discussions h@ld in line xt-ajya ^abha and thus the time o 3

27 allotted for questions decreased •

Questions put to the Home Minister were thus of e.4 great variety and they pointy out the responsibilities en­ trusted to the Hoae Ministry* They let out the grievances in the minds of the ^bembers* Sometimes the ministers did not give adequate answers due to the internal party deol* sions taken and sometiffles it was not in the interest of the nation to give out the details*

Calling Attention to Matters of Urgent Public Importance

A member could, with the previous permisaion of the

Speaker, call the attention of the Home Minister to a matter of urgent public importance and request the minister 2ft to make a statea>ent on it • This item of Parliamentary procedure is of Indian origin and gives the Ministry an adequate opportunity to explain its case through the

statements made by the Home Minister. It was at the beginning of the third Lok Sabha that, the procedure re­ garding calling attention on matters of public importance

received importance* The members then could bring a matter

of urgency iomiedlately and force the minister to make a statement on it* The Speaker directed that the facts should be furnished by the ministers through a statement^^ within Q 0 4

twenty-four hours and where any delay was unavoidable the

Speaker should be Infort&ed Ifluaedlately. The Speaker in

1963^^ also directed that a member could ask one question each seeking elucidation from the ministers on the statement zoade by him in the matter.

Two conditions were laid down for the adadssibility of such notices. Only those inatters which were primarily the concern of the Governioent of India could be raised by this notice. On his attention beinj^ called, the minister made a stater&ent about all the facts. No debate was allowed when the statement was given but one quest^ion was allowed with the permission of the Speaker. The sdnister usually tried to cover all points raised by the members through the questions.

^iotions for calling; attention of urgent public impor­ tance showed strong disapproval of the Government policy and could be moved only in a flatter or urgency. The House left aside all the other business and took up that matter.

During the fourth Lok Sabha, the twelve sessions received 27967 such notices out of which 435$ were admitted by the Speaker^\ 354 etateuients were made by the ministers and the total time taken for the debate on these notices 0 t)

32 was 146 hours and 47 lainutes •

AdJourament lotions

The followiai; eleaenta are essential before an adjourn­ ment motion is admitted to the Speaker*

a) It must relate to a definite matter* It aust relate to a single specific matter and should not be couched in general terms nor cover a great number of cases* General electioni the law and order situation, or the late running of trains cannot be included in the uotion* I'he aotion should be based on facts and there should be no dispute over the facts*

b) A Btatter must be urgent in the sense that it must have arisen suddenly like an emergency* The laatter is not

called urgent if it is a continuous one. An virgent matter is one where the Siatter has occurred unexpectedly* The motion should not deal with any matter which is under ad­ judication by a Court of Law having jurisdiction in any

part of India^^*

c) The matter luuet be of public itaportance* After the motion is admitted by the Speaker there is a debate and voting; takes place over the motion* If it is net;ated O o I)

the nonoal bu8in«8S of the House starts*

Adjourniuent motions were aoved on the situation arts* ii\g out of the strike by the non*gasetted Qovernifient eo^loyees of Hitoachal Pradesh during 1970, the incidents of violence in West Bengal, Orissa, Jamshedpur, Raigarh and other places during January 1964* and the ainnan of the Indian Air Force passing secrets to a Fak High Coioaaission in Delhi in 1967*

Soinetimes such motions were negated by che Speaker.

On* such motion was moved in 1963 on the disturbances and lawlessness that broke out in Gauhati on the Republic Day causing uautage to the property worth crorfes of rupees.

Speaking on i^he motion the iiosie ^-inister informed that a

Judicial inquiry was set up and that the Government could

not take over the State as there was no Constitutional failure.

Another such notice negated iu the Lok Sabha was to

recommend the revocation of the eo

October 1962 and 21st February 196i>^^.

The developaienus in in 1969 iitduueU a meu^*

ber ol the Hajyci ^abha^^ to ask the uovern^ticnt to i.ake 37

eognisance of the problem, and he impelled the mlnistBr of Home Affaire to irifona the House about it. A member of the Lok Sabha sought a statement from the Home l^dnister on the new ana special procedure laid down by the ministry in regard to the verification of the character and ante­ cedents of candidates from Kerala,selected for appointment to civil posts under the Governraent of India. The special procedure in the opinion of the member discriiiiinated against young candidates to the central aiid civil services who had a political affiliation that was not leijally barred during their cnrecr as student®.

^iotiou of No-confidence

A motion of no-confidenco is oioved &^ainst the council of ministers and not against the individual minister^^.

The Cabinet is collectively responsible to the Lok Sabha and since the decisions are taken collectively, the motion of no-confidence ie woved against the adniatry as a whole.

If the ffiinifiter is a defaulter individually, the Prime

Minister asks him to resign. The permission of the House io necessary bt'fore such a motion is moved. Fifty iaembers raust support it and voting takes place after the .'tiniater* s speech. If this notion is carried, the i^iinistry has to resisn. 38

This motion has a greater importance in a democratic political system. The role of the Opposition is more pro­ minent in such a system as it keeps a constant check on the Governnient. The role of the Opposition in the legisla­ ture haa thus been defined as »to propose, to oppose and to turn out the Goveroffient from power

The discussion on the subject can be divided into three periods : The Nehru era froaa 1952 to 1964, the

Shastri era from 1964 to 1966 and the era from 1/66 to 1971 (and onwards till 1977)*

During the Hehru era, the Congress was strong but it faced strong Opposition. The first and the second Lok

Sabha did not witness any ao-confidence motion. But this was the period when the nation was facing difficulties of cu threat from China and Pakistan. There was^rise in prices and also corruption at all levels. All these conditione prevailed upon the Opposition to uiove a iBOtion of ao-con* fidence agf'inet the Nehru adnistry in August 1963 •

4Ke- It was moved by Shri. f^asani (Sa;5kot) aad^Opposi­ tion attackea the Oovernruent and indirectly the Home

Ministry on corruption. The D.i-uK. and the Akali Dal 0 0 !)

had their grieTancce against the Govemtaent. Shri* 39 haran (DMK) dei&anded a separate State of Tamil Nadu^ •

Shrl. Masani also asked for the reorganization

of Govermaent^^* There was a strong division between the

Congress and the Opposition. Replying the debate, Shri.

?fehru called the Opposition as a Motley crowdas the

Opposition parties spoke in different tersis*

The motion was more directed to the Pood Minister

but the drawback was that one party criticised another

party.

During the Shastri era (1964*66} there were thz^e

such notices. The first was in September 1964* the second

in Harch 1965, and the third in August 1965. The first one

was moved by Shri* N.C.Chatterjee (Burdwan)^. The debate

also concentrated more on the corruption in adiainistrative

fielQ. The Swatantra and the Jan Sangh criticised the

Governu^nt on certain policies like the noit-alignsient which

was the basis of the country’ s foreign policy. This motion

was also defeated by 50 to 307 votes. The second motion

of no confidence in the Shastri era was tabled due to the

deteriorating economic situation in the countryThe

parties attacked the Government as it gave shelter to 40

corrupt ministers In th« States* The motion was defeated by 44 to 315 votes.

In August ^965^ the introduced LI. another motion against the QOYernfiaent^» The motion re» ferred to the misuse of t«he emergency powers of the Pr«-> sldent, Implemented by the Home {Ministry*

The Indira Gandhi Government had to face as many as seven no-confldence motions, the first being In August

1966* It vffis Introduced by the comfflunltts^^* The Opposition again attacked the Governiiaent on the Defence of India

Rules, which was a concern of the Home Ministry* The motion was again defeated.

After 1967 the Cong;re8s had to face strong opposition as It lost a considerable hold in States. Subsequently, the Qovermuent also had to face the motion of no confluence on the Rajasthan issue. After the fourth general elections, no party secured an absolute majority in the legislature of Rajasthan. In the house of 1^4 members, the Congress secured d9 seats and the opposition 9^ seats (Swatantra 491

Jan Sangh 22, SSP d, CPI 1, Independents 15)* Both the

Congress and the Opposition claimed an absolute niajorlty

5339 41

In the Aa8«mbly, The Governor Invited Shri. M*L. Sukhadia, the leader of the Congreas, the nlngle largest party in the legislature » to form the Goveriment. This x*eaulted in deuonatratIona leading to disturbances oauslng some deaths* The Governor then reported to the President about the deteriorating law and order situation in the State and reoommendcd the Presidential rule. The President’ s rule was imposed on the 13th Karch 1967*

All the parties critioiaed the Governi/sent of its decision of imposing the Presidential riile in the State*

Detailed discussions on the Constitutional propriety of

the decision were held atKl all the opposition parties

called this action as a murder of de&ocracy in the State «

The Oovernment blamed the opposition for creating a

disturbing situation in the State* It blaacK^ the parties

as they came on the streets and provoked the Government to

take over the State* The Opposition was to a great extent united on the laotion and the ndsuse of power by the Govern­

ment, unlike in the previous laotions* But it was defeated

by 162 to 257 votes.

The Cppo^ition was again united when they moved a

motion of noi;l-eonfidence in Noverriber 1967* This time it 42

was the imposition of PrttsidentiAl ruXe in W«at Bangal*

The main charge against the Qovernnent was its interfer­ ence in iv'est Bengal where the ruling United Front Govern­ ment of the Opposition was headed by the GoTemor who was favourable to the Congress* The situation was that a non- congress Governicent under the Chief Ministership of Shrl»

AJoy Mukherjee was formed in West Bengal in , after the fourth general election. After some time, some members of the United Front Government dejected. The

Governor advised the Chief iVinister to sumiBon the Assembly to test the majority. The Chief Minister after consulting his cabinet fixed the Idth December 196? to call the session of the asseaably, but the Governor urged him to call it not later than 30th November 1967* In the meantime, the

Governor discussed the issue with the Ajoy Mukherjee

Government on the 21st November 1967* Later he asked Shri.

P .C . Ghosh to form the Governuient. Shri. P.C.Ghosh was supported by the Congress.

Here ag;ain there were two divisions in the house and the motion was defeated by 66 to 215 votes.

The third motion was against the Government in

November, 1966 anti the subject was again related to the 43

Uoffi« Ministry. It vras iaoved by the Jan Sangh on account of Government’ 8 policy of handling the Central Goverrni.ent

Employees* strike which took place on the 19th September

1966. All parties except the Swatantra party criticiied the Government* Shri} Masani (Swatantra) said that the

Governnaent was perfectly right in dealing with it in the way it did. But the raotion was defeated by 85 to 220 votes.

The Indira Gandhi Government had to face the seven­ th motion in February 1969* It waa tabled jointly by the

CoQununfta and the 5SP« Three subjects related to the Home n Ministry were condemned by the Opposition. Firstly, the notion referred to the Home Ministry’ s failure to prevent the Shiv Sena activities in Bombay. Secondly, the taini- stries failure to meet regional imbnlancee with special reference'to Telarsgana was criticised and thirdly the poor perforioance of the Congrecs in West Bengal was referred to.

Shri. ^:adhu Limaye disapproved the Governnent’ s policies.

Althouf'h the tootion was ntioved jointly, it was defeated by

votes to 213*

All the no-confidence mobions la the Indian Parlia­ ment were

among the Opposition parties* The motion of no-confldence

aims at removing the Government, but the above motions focussed attention on the drawbacks and failures of the

policies adopted by the Governuient including the Home

Ministry^®.

During the period of this study, the Opposition in

India did not have a common programme with the help of

which they could remove the Government. Their aim was to

oppose the Government by criticism.

i^oving of no-confidence motions in the Lok Sabha

took up a considerable time of the business of the House.

During the third Lok Sabha, 102 hours and 13 minutes were

utilised for this purpose. This amounted to of the

total time of the Lok Sabha^^. During the fourth Lok Sabha,

57 hours and d minuttis were exhausted for the purpose which

amounted to l.dd^ of the total time of the Lok Sabha^^.

Resolutions

A member or a minister can, subject to the rules,

move « rcaolutlon in Lck Sabha, relating to a aiatter of

ginicral public interest^^ * The member other than a minister

who wishes tc move a resolution has to give 15 days clear 45

notice of hlB intention and submit, together with the notice, the text of the resolution tAiioh he wishes to i::i0Ye* The last e , two and half hours of a sitting on every alternatta Friday are allotted for private meisbers* resolutions* If the

Speaker admits it , it is moved and a copy of every resolu­ tion passed by the House is forwarded to the minister concerned.

The resolutions are divided into three categories t

(a) Eesolutions which are mere expression of opinion by the House or private meiabers* resolutions. The Goveroifient

has the discretion of taking or not taking actions, suggest-

ed in the resolutions^ .

(b) Statutory resolutions, such a resolution if adopt­

ed, is binding on the Government and has the force of law^^*

(c) Government resolutions.

In case of private meicber^s resolution, the nember

has to intimate the Secretary about the same. The resolu­

tion has to clearly and precisely express and must raise

a substancs of definite issue. The private member's reso­

lution is permissible only after subodssion of the report

by the committee. The private members have always compia^ined 46

that the tllM given to them la not suTficlent. During the third Lok Sabha the time taken by the private members* resolutions was 122 hours and 39 minutes. This was 3«3% of the total time of the business of the House^^* In the fourth Lok Sabha, 102 hours and 16 minutes were allotted to suoh resolutions, this being 3*39^ of the total time of the

House^^* This was much less than the time taken by other bills and business in the House*

The private members* resolutions generally failed to impress the Home Ministry due to the absence of proper drafting of and research bahii^ the resolutions*

After the general elections in 1967, the political

set up had changed and more demands from the States on the Centre came forth* A private member from the Rajya Sabha moved a resolution^^ regarding the appointment of a par­ liamentary committee to review the centre-state relations*

The private member alleged that the Centre had started interfering in the State administration more so in States having the non-congress ministries* He proposed that a

committee to suggest necessary changes in the relevant

Constitutional provisions be set up under Article 263* 47

Th« mover of the aotlon also suggested that the

Resenre Bank of India should be entrusted with the task of lending money, to the States on the lines of the vorld

Bank*

Commenting on the debate the Home ^iinister said that the Constitution had given autonoay to the States without weakening the Centre* He also informed that there were lonal councils as well as inter-state conferences, and the g representatives of the States also come to Delhi to discuss the Centre-State relations* A study group under

Shri* Setalvad was appointed to consider the subject* Thus to him there was no need for a separate comadttee to go into the problem*

Private members seemed to take keen interest in the use and progress of Hindi also* shri* l«.ama Rao from Andhra

Pradesh moved two resolutions regarding the subject* One was to Inquire into the conditions of literature in the 57 various Indian languages , and the second was regarding progressive use of Hindi for the official purposes of the Union^^* The debate over this issue lasted for four hours and thirty lainutes, but after the discussion it was withdrawn by leave of the House* 48

The private menibers took interest in the law and order In the States* Shri. Bhupesh Gupta moved a resolu­ tion regarding the repeal of the West Bengal (Prevention of Violent activities) Act, 1970 and the West Bengal

Maintenance of Public Order Act 1970^^. The marer wanted the above Acts to be repealed as ic gave to the police the power to shoot at sight, arrest the people, raid houses and create terror in the State. At the end of the debate the motion was negated.

Shri. Gupta was also alert regarding the changes in the administrative raachinery of the Government. He moved a resolution in 1957 in favour of the appointment of experts to examine the administrative machinery of the 60 Government . He suggested that the administration ought to be more demosratic and decentralised. It should achieve greater efficiency by decreasing the incidence of corrup­ tion and wastage. He also suggested that the Police Code should be changed.

The Kinister of State, comwenting on the debate, pointed out that the Government had taken all steps for achieving the object of the suggestions eoade by the member.

So there was no point in appointing a separate commission.

The resolution was later withdrawn. 4!»

Oth«r reaolutiona which w»r« movsd in th« liajy* Sabha in 1954 war* regarding a eooffiiaaion to exaaiina the aduini* atrativc aet up and proeadurc of work in th« Governuttnt of India^ and tha appointnent of a High Power CoBuaiaaion to raviaw and raTisa tha pay atruotura and tha tarma and eon* ditiona of all the aenrieea under the Central Government• The firat one waa rejected and the second one lapsed on prorogation of the Houae*

Above were the riaolutiona moved by the private mea- bera which touched different aubjecta within the Hoiaa Mlniatry*a Juriadiction like law and order, adoiniatrativa machinery and even Hindi. All the reaolutiona were either rejected or withdrawn by the movera*

Statutory Heaolutiona A statutory reaolution, if adopted in the Houae, ia binding on the Government and has the force of law. To cite an (example, the statutory resolution regarding the proclafflotion of President's rule in relation to the State of Bihar in 1969* can be mentioned^^* President's rule was Imposed in Dlhar in 19<^9, under Article 356. Giving the reasons behind imposing the Presidential rule in Bihar, 50

th« minister said that ther« was no political stability

and rsprssantativs Qovarnuent did not exist in Bihar* This

was the condition even after the loid-term elections when

a Coalition QoTernment was set up under the Congress party*

This Qoverniaent did not work siaoothly and so the State

was taken over*

Shri* Ganesh Ghosh (Calcutta South) was opposed to

this resolution, as it deprived Uemocratic rights of the

people* The defections in the Governiaent also caused

threat to the democratic GoYernuent* Shri* Kartik Oraon

(Lohardaga)i Bihar supported the lootion because he thought

that the Presidential rule was the only solution for re­

storing law and order in the State* The motion introduced

by the Houe ministry was adopted by the House*

Another statutory resolution was moved in August,

196d, regarding the continuance of the President's rule

.in respect of Uttar Pradesh^^* The Governor had reported

that it was impossible to carry on the Governffient ia

Uttar Pradesh and thus the President's rule was imposed*

The motion was adopted by the House*

Sometimes private members also moved Statutory re­

solution if they disapproved of the steps or actions 51

tak«n th« olaistry* Shrl* Vajpayee had done so regard­ ing the disapproval of the iVjilnteoance of Internaik Seou- 64 rity and laintenance of Internal security Bill •

The Home idlniater explained that the reasonable reetrie- tions on the liberties of a few were sometimes essential to protect the rights and liberties of the peace loving many.

This resolution had to face aatendments* Some members wanted the bill to be circulated for eliciting public opi­ nion and some wanted it to be referred to a select comaittee*

The amendments to Shri* Vajpayee's resolution were negated by the House* Some members welcomed the bill saying that the bill was a must for peace and security of the nation*

Some thought that it was a dangerous weapon in the hands of the administration* The Lok sabha was divided on Shri*

Vajpayee's resolution with 69 ayes and 150 noes* Thus the resolution moved by the private member was negated by the

House*

I

The Home >!inister, stating the reasons behind negat­ ing the motion, assured the House that the Aet would not be used against political prisoners only and that the cases of preventive detention would be reviewed by the Advisory

Board which would act as the custodian of the detenues* 52

Th« statutory r«8olution8 moved by lueubers maloly ala«d at the repeal of sobmi Act or Ordiaance issued by th«

Home Ministry. One such resolution was laoved in Lok Sabha on the 10th Uecember, 1970 by Shri* Jyotirmoy Basu, Dia­ mond Harbour (West BengalHis tbain point was whether all these laws were meant for restoring law and order*

The liouse was again divided with 34 ayes and 176 noes thus negating the resolution.

* Discussions regarding such resolutions had much importance since if they were adopted by the House, they would have a force of law. If a statutory resolution was moved by a private member and adopted, the Governiaent was forced to repeal the act or the b ill.

The Lok Sabha spent 88 hours and 59 minutes for

the discussion of the Statutory resolutions in the third

Lok Sabha^^66 and 71 hours and 4 minutes in the fourth

Lok Sabha67

The following table shows the details of the sta­

tutory resolutions moved by the Home i^inistry in the

fourth Lok Sabha . 53

Mcnr»d T im Cat* Subject by tak«n Remarks<

21-11-67 Approval oi‘ the proclaaa- I . B* 4 16 Adopted tion issued by the Presi­ C,Vc*\»jn dent in relation to the State of Harayana*

21-3-6a Approval of the proelama- V.C. 4 34 Adopted 22-3-6d Shukla tion issued by the Presi­ dent in relation to the State of West Bengal under Article 356*

22- 3-66 Approval of the proolaata- V.C. 3 46 Adopted 25-3-68 Shukla tion issued by the Presi­ dent in relation to the State of Uttar Pradesh under Article 356 lg-4-68 Approval of the Proclama­ T.B. 5 07 Adopted Chavan tion issued by the Presi­ dent in relation to Uttar Pradesh under Article 356 varying the earlier proclanation. 54

Time Dat« Subject MoTtd tak«n Rttmarks by Hrs.Mts.

25-7-66 Approval of the proclama­ V.C. 4 29 Aaopted Shukla tion issued by the Presi­

dent In relation to ;3tate

of Bihar

27-d-6d Approval of the continu­ V.C. 2 36 Adopted Shukla ance in force of proclaiaa-

tion in relation to State

of Uttar Pradesh.

27-6-66 Approval of the continuance V.C. 3 26 Adopted 26-6-66 Shukla in force of the proclama­ tion in relation to the State of West Bengal.

29-6-66 Approval of proclamation V.C. 3 03 Adopted Shukla by the President in rela- tion to the State Punjab.

19-12-66 Approval of the continuance I .E . 1 37 Adopted Chavan in force of the proclama­ tion in respect of Bihar for a further period of six months.

30-6-69 Approval of proclamation V.C. 1 34 Adopted Shukla in relation to Bihar. 55

MOT«d Tin* Dat« Subject by taktn R«narka Hr8»Mt8«

30-3-70 Approval of proclafflation V.C* 5 29 Adopted in ralation to WaatBongal. Shuiaa

20- 8-70 Approval of the eontinu- Ram 7 50 Adopted Niwaa 21-e-70 anet in force of tha pro- Mirdha 25-a-70 elaiaation undar Articla 356

of tha Constitution in

reapaet of tha Stata of

Neat Bangal for a fnrthar

period of aix montha

with affect from 1st Oct.

1970

10- 12-70 Rapaal of tha WaatBangal Jyotir- 7 02 k Pfegated 11 -12-70 moy U - 1 2-70 (Prevention of Violent Baau 15-12-70 Activitiaa Act 1970,laid

on tha table on 23-12-70.

15-12-70 Repeal of the Meat Ganesh Negated tiKoSf) Bengal i^aintenance

of Public Order Act

1970 laid on the

table on 3-12-70. 56

Qovermacnt a<»oIutioa»

The last category of resolutions is the Qovernaent resolutions* The subjects of such resolutions were approTal of the Presidential proclamations under Article 356 of the

Constitution in respect of Gujarat, West Bengal, PEPSU,

Haryana, Kerala and Travancore-Cochin. These resolutions were also mostly regarding approval of the treaties or the agreements to which the Governaent was a party* Approval of the five year plans or particular policies of the Qovem- nent. Impeachment of the President, removal of the Speaker, creation of All India ;3ervice8 and approval of proclaaaa- tion of emergency could also be the subjects on which reso« lutions could be moved* Such resolutions generally are recommendatory unlike the statutory resolutions which if adopted had a force of law and were binding on the Ck>vern- ment*

A Government resolution was moved regarding the pro­ clamation issued under Article 356 in relation to State of

Gujarat on the 21st June, 1971^^* The Chief Minister Shri.

Hitendra Oesai submitted his resignation on the 31st yjireh,

1971* The Governor invited Shri* Desai to fora a new iBiniatry because he cluimed the majority in the assembly* 57

But nany members of the ruling party resigned and so the

Chief aVlniater Shri* Desai advised the Governor to dissolve

the assembly and bring the President's rule* The Houe

Ministry requested the House to approve Presidential rule

in Qujarat. The Opposition claimed that this rule was in* posed as the Centre wanted the concentration of power

in their hands and "in the name of democracy the Congress

was creating unhealthy atmosphere in the country"* Some

members who welcomed the President's rule pointed out the

unhappy situation in the State and thus they claimed that

the step was in the right direction.

^!0st of the members seemed to be worried about the new trend of defections and suggested the Government to

take steps in the matter* The ministry had proposed to

introduce a bill to discourage defections but it needed the consent of the States*

Another case when the Government introduced a re«

•olution was regarding the proclamation in Viest Bengal

in 1970* The Home Ministry also moved a resolution during

1970 regarding the proclamation in Kerala* Here it was

done after the downfall of the Congress i^Iinistry led by

Shri* R* Shankar. 58

Although Govttrnuent reaolutions v

21 hours and 35 minutes vhleh amounted to 0*7% of the total tirae*^^ oT the fourth Lok Sabha* During the third

Lok Sabha it was 5 hours and 45 uilnutes which was 0*2^ of the total time of the Houee*^^ • 5i)

CHAPTER II - Foot Not«s.

1) Singhvi L*M« "Lttgislativ* procsss in India**, Journal

of Gonstitutional and Parliamentary Studies.

January / f^aroh 1970, p*1«

2} Kaul and Shakdhar S.L« Practice and Procedure

of Parliaaent Metropolitan Book C o., Delhi, 196d

pp. 11-12.

3) Kule Ho. 3*

4) There were eases where some mffflbers walked out in

protest against the President's speech being read

in English* Thus a coouaittee was appointed to con­

sider their conduct and the committee repoz*ted that

this action would be considered a grossly disor­

derly conduct and a member would be suspended for

one year. Report of the coooittee on the conduct

of uej&bers, 12th Karch, 1963, quoted in A.R.

Mukherjee*s Parliamentary Procedure in India.

Oxford University Press, 1967, p .60.

5) Rule No. 336.

6) Rule No. 116

7) The Constitution o! India Article 107 60

d) The Constituti)on of ladla Artielc lOd

9) The ConstltiHoii of India Article 356

10} The , Article 356

11) The Constitution of India, Articles 105, 194*

12} Rule Nos. 229, 230 and 231.

13) Slnghvl In Legltlatures in Developaeatal

Perspectives, edited by Kornb«rg and Kusolf,

Duke University Press, 1970, p* 219*

The following staterrient shows the disposal of

questions received from members during the sessions

of the first Lok Sabha (Activities of ,

1952-57, p.9}.

N^t^cff received ______Questions Percentage questions Percentage

to total to total

Starred question 90•7 Starred questions 62*2

Unstarred questions 6.6 Unstarred questions 6*7

Short notice questions 2*7 Short notice

questions •$ 71,907 100.0 61

Notices received Admitted

Queatlona Percentage Questions Percentage to total to total

Starred questions adodtted as un­ starred 29.2 Short notice ques­ tions admitted in ordinary course as starred 1.1

43,350 100.00

From 1957 to 1962 the number of questions vihioh included starred and unetarred and short notice ques­ tions were 1,34|531 and out of these 63,643 were admitted. (Aetivitles of the 1957-1962, 10). The number of questions asked during 1962-67 amounted to 1,62,334 out of which 53,440 were admitted

(Activities of the 3rd Lok Sabha, 1962-67, 1 0). During

1967-1970, there were 2,64,742 questions asked by the 62

members out of whioh 93*53^ were adsdtted to the House. This represented 35*3?^ of the total receipts admitted (Fourth Lok Sabha Souvenir 1967-1970, 34)•

U) Activities of the 1«t Lok Sabha 1952-57, p.11

15) Activities of the 2nd Lok Sabha 1957-62» p .12

16) Activities of the 3rd Lok Sabha 1962-67, p*12

17) Fourth Lok Sabha Souvenir 1967*70, p*35*

Id) During 1952*57, 551 hours and 51 minutes were

allotted to this method. During 1957-62, 556 hours

and 17 minutes were allotted to this method. During

1962-67, 564 hours 41 minutes were allotted and during 1967-70, 4^2 hours and 53 oinutes were allotted to this method.

19) Lok Sabha debates 5 .7 M 9 6 7 , Col. 9503 Q.No. 954

20) Lok Sabha debates 19*2.1964 Col. 143^, Q.No. 200

21) Lok Sabha debates 1.12.1967, Col. 437d

22) Lok Sabha debates 23*1*1963 Col. 5908 Q.No. 44O

23) Lok Sabha debates 14*6.1967, Col. 4901 Q.No. 2379

24) Lok Sabha debates 26.4*1963, Col. 62 Q.No. 8549 63

25) Lok Sabha dabatcs 21-0-1962 , Col. 3101 a

26} Lok Sabha dabatas 29-5*1957» Col 3101 Q.Mo. 5^0.

27) Quaatloaa took up a lot of tima la Lok Sabha« During tha lat Lok Sabha< 14*6^ of tha tlma waa apant

on aaklng and anawarlng of quaationai whila during

2nd Lok Sabha 15*2^ waa allettad to quaationa. In

tha 3rd Lok Sabha 15*1^ was takan up by thia mathod

of Parliamentary control, whartaa, 15*945^ of tha tisM

waa axhauatad for aaking quaationa in tha fourth Lok

Sabha ( Dataila froa tha Activitiaa of tha 1st. 2nd.

3rd and 4th Lok sabha Souveni^ra. )•

2d) Rula No. 197

29} Rule Ho. 193

30} Lok Sabha debate a 19-^1963 Col.1199 to 1210

31} Fourth Lok Sal^a Souvenir, p. 70

32) Ibid p. 21

33) Rule No.12(t) and 23(1}

34) Lok Sabha dabatea 21-2-1964 eol 2016 64

35) Kajya Sabhe debates 29-4«1969 Col 360

36} Article 75 and Rule 217

37) Saini M«K» **A study of no confldsnce motions, in the Indian ParXiament"* The Indian Journal of Political Science. July/september, 1971| p*297

3^) Lok Sabha debates 19^-1963 Col* 129d

39) Lok Sabha debates 20»d-1963 col. 1639

40) Lok Sabha debates 19«d.1963 col. 1243

41) Lok Sabha debates 20-8-1963 col* 1552

42) Lok Sabha debates 11-9-1964 col. 1229

43) Introduced by Shri Surendra Nath OevlTedy (PSP) Lok Sabha debates 15-3-1965 col 4266

44) Introduced by Shri M.R.Masani, Lok Sabha debates 23-6-1965 col. 125d.

45) Lok Sabha debates 2-^1966 col« 1973

46) Lok Sabha debateslB-3-1967 col* 131 from Hindi

47) Lok Sabha debates 18-3-1967 col. 150 65

UB) Th« results of th« voting on ths various ao-coafid«nc« ■otions wers as foXXows:

Noes A/es

August 1963 346 61

September 1964 307 53 March 1965 315 44 August 1965 3id 66

August 1966 267 61

November 1966 235 36

f<*r«h 1967 257 162

November 1967 215 66 September 1968 220 65

February 1969 213 «3

*A study of non-confidence motions in the Indian Parliaaent" , Saini M.K. The Indian Journal of Political

Science , July/september 1971, p*317#

49) Activities of the 3rd Lok Sabha, 1962-67* p*l3

50) Fourth Lok Sabha Souvenir, 1969-70, p.21

51) Rule No.1d9 66

52) Eajya Sabha d«bat«a 2d-7-1967 col. 1160

53) Lok Sabha debataa 30*8-1967 eol. 127

54) AotiTitlas of tha 3rd Lok sabha p.ld

55} Fourth Sok Sabha souvenir p*22

56) Rajya Sabha dabataa 2S*7*1967 eol* IldO

57) Rajya Sabha debates 26-2-1953 eol.1266

56) Rajya Sabha debates 12-3-1954 col.2643

This motion was also withdrawn by leave of the House*

59) Rajya Sabha debates 16-12-1970 col. 136

60) Rajya Sabha debates 26-2-1954 eol. 1247

61) Rajya Sabha debates 10-9-1954 col. 1913

62) Lok Sabha debates 30-6-1969 cel.12? moved by

Shri V.C.Shukla.

63) Lok Sabha debates 27-6-1966 col. 2217

64) Lok Sabha debates 16-6-1971 col. 164

65) Lok Sabha debates 10-12-1970 col. 267

66) Activities of the 3rd Lok Sabha, p .16 67

67) Fourth JLok Sabha souYvnir, p»22

66) Fourth Lok Sabha souvanir p«6d-90.

69) Lok Sabha dabatea 21-6-1971, ool. 110,

) 70) Fourth Lok Sabha aouvtnir, p«22

71) Atttlvltlaa of tha 3rd Lok Sabha, p*18«