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)^^.