FOR USE OF RAJYA SABHA SECRETARIAT ONLY lR;eso t;rs PARLIAMENTARY PRACTICES : SECRETARY-GENERAL, RAJYA SABHA AT CONFERENCES (2002-2011) DR. V.K. AGNIHOTRI SECRETARY-GENERAL RAJYA SABHA SECRETARIAT NEW DELHI 2011 © RAJYA SABHA SECRETARIAT Price : ` 300/- C O N T E N T S PAGES PREFACE BY PARLIAMENTARY RULES AND PROCEDURES 1. Disclosure of Information from Register of Members’ Interests under the RTI Act, 2005 1-8 - Dr. V. K. Agnihotri 2. Disqualification of a Member of Rajya Sabha under Article 103 of the Constitution of India 9-14 - Dr. Yogendra Narain 3. Financial Control in Parliament 15-18 - Dr. Yogendra Narain 4. Government Legislation : From listing to President’s Assent 19-24 - Dr. V. K. Agnihotri 5. Impact of Dissolution of Lok Sabha (Lower House) on Legislative and Other Business 25-38 - Dr. V. K. Agnihotri 6. Implications of the Expulsion of a Member from His or Her Political Party 39-45 - Dr. V. K. Agnihotri 7. Issues concerning States/Provinces which can be taken up in Central Legislatures (Parliaments) 46-50 - Shri N. C. Joshi 8. Petitioning the Parliament 51-63 - Dr. V. K. Agnihotri 9. Privileges and Immunities in Parliament 64-68 - Dr. Yogendra Narain 10. Raising Matters of Urgent Public Importance : Zero Hour Submissions and Special Mention Procedures 69-70 - Dr. Yogendra Narain 11. Rules on the participation of Members of Parliament in proceedings in which they have a direct or indirect Financial Interest 71-82 - Dr. V. K. Agnihotri 12. Statements by Ministers on the Floor of the House 83-93 - Dr. V. K. Agnihotri 13. Suspension of a Member from attending proceedings of the House 94-102 - Dr. V. K. Agnihotri 14. The Expulsion of Members of the House 103-106 - Dr. Yogendra Narain 15. The Ordinance : Legislation by the Executive in India when Parliament is not in Session 107-122 - Dr. V. K. Agnihotri PARLIAMENT AND PRESIDING OFFICERS 16. Better Time Management in Legislatures and the Role of the Presiding Officers 125-138 - Dr. V. K. Agnihotri PARLIAMENT AND ITS COMMITTEES 17. The Role of Committees in Parliamentary Oversight of the Executive 141-147 - Dr. V. K. Agnihotri PARLIAMENT AND INFORMATION TECHNOLOGY 18. Bilingual Website in the Council of States (Rajya Sabha), the Upper House of Parliament : A Case Study 151-153 - Dr. Yogendra Narain 19. Impact of New Technology on the Work of Parliaments 154-156 - Dr. Yogendra Narain 20. Introducing Information Technology in the Chamber 157-162 - Dr. V. K. Agnihotri 21. Provision of Computer Equipment to Members of Rajya Sabha : A Study in Systems Improvement 163-170 - Dr. V. K. Agnihotri 22. Strengthening Trust Between Parliaments and the People : The Role of Information and Communication Technologies (ICT) 171-179 - Dr. V. K. Agnihotri 23. Towards a Paperless Office : Harnessing Information and Communication Technologies in SAARC Parliaments 180-184 - Dr. V. K. Agnihotri PARLIAMENTARY ETHICS 24. Ensuring Ethical Conduct in the Indian Parliament 187-193 - Dr. Yogendra Narain 25. Ethical Concerns of the Indian Parliament : Recent Changes in Electoral Laws 194-199 - Dr. Yogendra Narain PARLIAMENTARY MANAGEMENT AND REFORMS 26. A Quality Framework to Assess Parliaments : Improving Efficiency and Effectiveness 203-215 - Dr. V. K. Agnihotri 27. Effective Capacity Building Programmes for Parliamentarians 216-226 - Dr. V. K. Agnihotri 28. Evaluating Parliament : Objectives, Methods, Results and Impact 227-233 - Dr. V. K. Agnihotri 29. Facilitating newly elected/nominated Members 234-243 - Dr. V. K. Agnihotri 30. Influence of Live Coverage of Parliamentary Proceedings by the Electronic Media 244-249 - Dr. Yogendra Narain 31. Meeting the information needs of Members in SAARC Parliaments 250-254 - Dr. V. K. Agnihotri 32. Planning Chamber business : Informal channels for decision-making and timetabling 255-267 - Dr. V. K. Agnihotri 33. Question Time : Making it Efficient and Effective 268-276 - Dr. V. K. Agnihotri 34. Time Management during Short Duration Discussion 277-278 - Dr. V. K. Agnihotri PARLIAMENT AND HUMAN RIGHTS 35. Mechanisms for Treatment of Human Rights Issues in National Parliaments 281-289 - Dr. Yogendra Narain PARLIAMENT AND INTERNATIONAL AFFAIRS 36. Inter-Parliamentary Cooperation within Geopolitical Regions : The African and Worldwide Experience 293-295 - Dr. Yogendra Narain PARLIAMENT AND ITS RELATIONS WITH OTHER BODIES 37. Relations between Parliament and the Judiciary 299-304 - Dr. Yogendra Narain 38. Strengthening Links between Parliaments and Citizens 305-314 - Dr. V. K. Agnihotri PREFACE Parliaments, as democratic bodies across countries, make deep impact on societies at all levels. With the expanding frontiers of international affairs, especially in the era of globalization, the role of parliaments in shaping the international discourse on democracy assumes enormous significance. Therefore, parliaments have stepped beyond the traditional jurisdiction of the Executive in assuming a proactive role in international affairs, giving rise to the genre of parliamentary diplomacy. It is widely acknowledged that by using existing global/regional parliamentary organizations and structures, the cause of democracy can be strengthened. The Inter-Parliamentary Union (IPU), as the world organization of parliaments, is the most appropriate organization for inter-parliamentary cooperation as also for coordinating with other international organizations on behalf of the parliaments. Besides, there are also many other formal parliamentary structures. One of the first was the Commonwealth Parliamentary Association (CPA), a parliamentary forum that brings together the parliaments in the countries of the Commonwealth. Both IPU and CPA member countries meet at regular intervals and exchange notes on key issues facing the nations and also the parliaments. The Association of the Secretaries General of Parliaments (ASGP) and the Society of Clerks at-the-Table (SOCATT), which comprise the Secretaries-General of the member countries of IPU and the CPA, respectively, play an important role in articulating the procedural and substantive concerns faced by the member parliaments in their daily functioning, so as to strengthen parliamentary democracy at the global level. The ASGP endeavours to study the law, procedure, practice and working methods of different Parliaments and to propose measures for improving them and for securing cooperation among different parliamentary secretariats. Similarly, the SOCATT attempts to provide a means by which the parliamentary and management practices of the various Parliaments and Legislatures of the Commonwealth could be made more accessible to Clerks- at-the-Table. It also strives to foster among Officers of Parliament a spirit of mutual exchange of experience in the discharge of their duties and responsibilities in order to promote their professional development. The CPA also publishes a journal (The Parliamentarian) containing articles relating to matters of procedure, privilege, constitutional law and management practice pertaining to Parliaments. (i) (ii) At the regional level, the South Asian Association for Regional Cooperation (SAARC) inter alia stresses the significance of enhanced people- to-people cooperation and endeavours to promote it through varied means. One significant step in this direction was setting up of the Association of SAARC Speakers and Parliamentarians in 1992. The Charter of the Association endeavours inter alia to promote, coordinate and exchange experience among member Parliaments and to supplement and complement the work of the SAARC and promote knowledge of its principles and activities among parliamentarians. It seeks to provide a forum for exchange of ideas and information in parliamentary practices and procedures and for making suggestions; besides seeking cooperation in international forums on matters of common interest. The ASGP and the SOCATT provide global platforms to articulate the thinking on varied aspects of the functioning of Parliaments and espouse the cause of democracy. These platforms have been creatively used by successive Secretaries-General of Rajya Sabha to present the perspectives concerning India’s Parliament, its practices and procedures and learn from best practices of other parliaments. India, being the largest and one of the most vibrant democracies in the world, commands attention of the international community, especially in the areas of functioning of Parliament. The papers and interventions of Secretaries-General of Rajya Sabha, over the years, on these platforms have been justly acclaimed and referred to by the parliamentary fraternity across the globe. This publication mainly compiles the presentations and interventions made by various Secretaries-General of the Rajya Sabha and their representatives in different meetings and conferences of the ASGP and the SOCATT over the years. Though participation of the Secretary-General of Rajya Sabha in these conferences began much earlier, it was only from the year 2002, through effective and regular participation, that the Secretaries-General made their distinct mark in these inter-parliamentary bodies. Therefore, compilation of papers presented in the conferences of the ASGP and the SOCATT by Secretaries-General of Rajya Sabha includes presentation beginning from the year 2002. The papers presented in these conferences till October 2011 have been put together in this publication. Besides, the presentations on the theme ‘Towards a Paperless Office : Harnessing Information and Communication Technologies in SAARC Parliaments’ and ‘Meeting the