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 India 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 Lok Sabha 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 the emergency has ceased to operate. It is not necessary that the Rajya Sabha 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 bill 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 question hour 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 Indira Gandhi 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 Swatantra party 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 March 1967, 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 Ordinance 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 Constitution of India, 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 1st Lok Sabha, 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 2nd Lok Sabha 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«