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Rajya Sabha
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HANDBOOK FOR MEMBERS OF RAJYA SABHA

Contents
  1. Voting And Division (Rules 252 to 254 of Rules of Procedure)

    Matters in parliamentary democracy are generally decided by voting. In parliamentary parlance this is called 'Division', i.e., dividing the House to decide a matter by majority vote. Every matter requiring the decision of the House is decided by means of a question put by the Chairman on a motion made by a Member. After the motion has been moved, the Chairman formally proposes or places the motion for consideration of the House. At the end of the debate on the motion, he puts the motion for the decision of the House in the following terms:‚ÄĒ

    The question is: '..........................' (In proposing the question, the Chairman here repeats the motion as moved by the member).

    METHODS OF DIVISION

    Rules 252 to 254 of the Rules of Procedure and Conduct of Business in Rajya Sabha provide for the different methods of Division in the House. The rules provide for four methods of voting in Rajya Sabha. By two methods the votes are not recorded and through the remaining two the votes are recorded as a permanent record. These methods are described below:

    1. Voice vote;
    2. Counting;
    3. Division by automatic vote recorder; and
    4. Division by going into the Lobbies.

    (1) Voice vote

    Rule 252 provides for the first two methods. On the conclusion of a debate, the Chairman puts the question before the House and invites those who are in favour of the motion to say "Aye" and those against the motion to say "No". Then the Chairman says: "I think the Ayes or the Noes, (as the case may be) have it". If the opinion of the Chairman as to the decision is not challenged he says twice: "The Ayes or the Noes, (as the case may be) have it" and the question before the House is determined accordingly. This method is called voting by 'voice vote' and votes are not recorded. When a question is decided by this method, the Chairman does not announce the numbers of "Ayes" and "Noes".

    (2) Division by Count

    If the opinion of the Chairman as to the decision of a question is challenged, he may, if he thinks fit, ask the members who are for "Ayes" and those for "Noes" respectively to rise in their places and, on a count being taken, he may declare the determination of the House. In such a case, the names of the voters are not recorded. But if the opinion of the Chairman as to the decision of a question is challenged and he does not adopt the above procedure, he shall order a 'Division" to be held. Thereupon the Secretary-General will operate a switch which causes electric bells to ring in the Parliament Building for two and a half minutes. As soon as the bells stop ringing, all entrances to the inner Lobby are closed on the orders of the Chair and there will be no further entry or exit of members from these entrances. [For the convenience of members it may be mentioned here that when the bells ring intermittently, it indicates that a Division is to take place in the Rajya Sabha. If the bells ring continuously, it indicates that a Division is to take place in the Lok Sabha.] After the bells stop ringing the Chairman will put the question a second time and declare whether in his opinion the 'Ayes" or the "Noes" have it. If the opinion so declared is again challenged, votes will be taken by
    (1) operating the automatic vote recorder[rule 253], or
    (2) the members going into the lobbies.

    (3) Division by Automatic Vote Recorder

    Each member is assigned a fixed seat. Each seat is provided with an integrated microphone and voting console in front of the seat, at the top, containing four differently coloured, buttons also marked 'P' for Present, 'A' for Ayes, 'O' for ABSTAIN and 'N' for NOES. There is also a separately situated Vote activation button provided on the Language Selector console in front of the seat, along the side panel (Language selector panel) .

    To record his vote, a member has to press the Vote Activation Button with one hand and one of the voting Buttons of his choice (Ayes/Noes/Abstention) simultaneously, with the other hand. Each voting button has an assigned L.E.D. indicating the correct and valid voting function as long as a button is pressed together with the Vote Activation Button.

    The voting process starts with a musical sound on Large Screen Hall display in the two corners of the Chamber. A red light also comes on the vote indicators near the Chair and on the two red L.E.D. Result display panels at the back of the Chamber.¬† Each Member has to keep the voting Button as well as vote activation button pressed simultaneously at the time of closing of voting in order to register a valid vote.¬† For facility, L.E.D. counters shows the countdown from 10 seconds to 0 seconds.¬† A vote is registered only if the buttons are kept simultaneously pressed at the moment that the counter shows ‚Äė0‚Äô seconds.

    The individual Result Display Panels are located on either side of the Presiding Officer’s seat arranged in a geographical layout similar to the sitting arrangement of the Chamber. For each Member, the corresponding division number is indicated on the panel alongwith LED display array which shows:

    -- a green 'A' for "AYES"

    -- a red 'N' for "NOES"

    -- a yellow 'O' for "ABSTAIN"

    -- a amber 'P' for "PRESENT"

    Since the vote is recorded on the basis of seat/division number, Members have to occupy the seats allotted to them before operating the voting buttons.

    If a Member finds that he has not been able to record his vote or that he has voted by mistake by pressing the wrong button, he can be allowed to correct his mistake, provided he brings it to the notice of the Chairman before the result of the Division is announced.

    The Equipment can be used for:-

    1. ORDINARY DIVISION or open voting in which case the names of members voting for or against a question are recorded.
    2. SECRET VOTING or closed voting in which case only the number and not the names, of members voting for or against a question is recorded.
    3. QUORUM or automatic counting of the members present in the House.

    The Secretary-General sets in motion the voting process of the particular type required on the Chairman’s direction, from the control panel on his table.

    (4) Division by going into Lobbies

    1. When the Chairman decides that the votes shall be recorded by the members going into the Lobbies, he directs the "Ayes" to go into the Right Lobby and the "Noes" into the Left Lobby. In the "Ayes" or "Noes" Lobby, as the case may be, each member calls out his -Division Number and the Division Clerk concerned, while marking off his number on the Division List, simultaneously calls out name of the member.
    2. After voting in the Lobbies is completed, the Division Clerks hand over the Division Lists to the Secretary-General who counts the votes and presents the totals of "Ayes" and "Noes" to the Chairman.
    3. A member who is unable to go to the Division Lobby owing to sickness or infirmity may, with the permission of the Chairman, have his vote recorded either at his seat or in the Inner Lobby.
    4. If a member finds that he has voted by mistake in the wrong Lobby, he may be allowed to correct his mistake provided he brings it to the notice of the Chairman before the result of the Division is announced.
    5. When the Division Clerks have brought the Division Lists to the Secretary-General's Table a member who has not up to that time recorded his vote but who then wishes to have his vote recorded may do so with the permission of the Chairman. The result of a Division whatever might have been the procedure adopted is announced by the Chairman and cannot be challenged.
  2. Questions (Rules 38 - 59 of the Rules of Procedure)

    (1)QUESTION HOUR

     The first hour of every sitting of the House is available for asking and answering of questions. The House commences its sittings at 11.00 a.m. and generally proceeds immediately to questions time till 12.00 noon. This hour is popularly  known as question hour.

    (2)NOTIFICATION OF ANSWER DATES ALLOTTED TO MINISTRTIES/DEPARTMENTS AND LAST DATE OF RECEIPT OF NOTICES OF QUESTIONS

    1. As soon as the dates of commencement and conclusion of a session are fixed, the days on which the House is scheduled to meet, are allotted to different Ministries/Departments of the Government of India for answering of questions. For this purpose, all the Ministries/ Departments are divided into five groups in such a way that on each of the five days of the week on which sittings are held, one group of Ministers answer questions in relation to the subjects pertaining to them. Thus, the Ministries/Departments included in groups I, II, III, IV & V come up for answer on every Monday, Tuesday, Wednesday, Thursday and Friday, respectively during the session period.
    2. A Bulletin Part II containing  dates allotted to various Ministries/Departments, group-wise, for answering of questions during the  session (provisional calendar),  related instructions and guidelines for the Members as well as a chart showing the last date of receipt of notices of questions in the Secretariat for each answer day (group chart), is supplied to the Members, along with the summons for the session.

    (3)NOTICES OF QUESTIONS

    1. Notice of a question should be given in writing and should specify:-
      1. the official designation of the Minister to whom it is addressed; and
      2. the date on which the question is proposed to be placed on the list of questions for answers. The provisional calendar and group chart may be consulted  for this purpose.
    2. The notices of Questions may be given  not shorter than 15 clear days' from the date for which the notice of Question is marked. Members may deliver notices of questions in the Notice Office or send them by post.
    3. Notices of questions should be given in the printed standard forms which can be had on requisition from the Notice Office or from the Questions Branch of the Secretariat. Forms are also available in the Stenographers’ Pool.
    4. Notices of each question should be signed separately with the name of the Member written in block letters on the top of the notice.  The Member's Division Number should also be indicated on the notice. Unsigned notices are returned to the Members. Notices bearing stamped signatures of the Members are treated as unsigned notices.
    5. Notices of questions should be clear, self-contained, complete and written legibly. Questions written in illegible hand are returned to the Members. Notices of questions, where text is either stapled or pasted on the standard format are not entertained and such notices of questions are returned to Members in original. Proper nouns, wherever occurring in the text of the questions, should be written in block letters.
    6. Member should address their notices of questions invariably to the concerned Minister. For this purpose, a pamphlet showing the "Subjects for which various Ministries are responsible for answering questions in the Rajya Sabha" is compiled by the Secretariat and supplied to each Member. The pamphlet is updated periodically.

    (4)STARRED AND UNSTARRED QUESTIONS

    1. Notices of questions by Members could  either be for oral or written answer. A Member who desires an oral answer to his/her question, should give the notice in the standard pink form (Form No.RSQ1) for Starred Questions and standard yellow form for  Unstarred Questions (Form No.RSQ2).
    2. Unstarred Questions are not called for oral answers in the House and thus no supplementary questions can be asked thereon. These questions, along with their answers, are deemed to be laid on the Table of the House and are printed in the official debates of the sitting of the day for which they are put down. Starred questions are, however, taken up for oral answer during the question hour and supplementaries can be asked thereon.

    (5)DRAW OF LOTS

    On the last day of receipt of notices of questions for any answer day, two separate draw of lots are held for the purpose of determining the inter-se priority of Members from whom notices of questions have been received. The objective behind the draw of lots is to determine the questions that may be included in the lists of questions for oral and written answers, respectively. The draw of lots are held at 5.00 p.m. in the lobby of the Central Hall on every working Monday, Tuesday, Wednesday and Friday. The draw of lots are held for the Members from whom the notices of questions have been received up to 3.00 p.m. on the last day of the receipt of notices. In the first draw of lots, names of thirty Members are drawn and their inter-se priority is determined for the purpose of finalizing the list of questions for oral answers containing twenty questions. The second draw of lots is held for determining  the inter-se priority of all the Members who have given notices of questions for a particular day, for the purpose of finalizing the list of questions for written answers containing 155 questions. The ballot is conducted through the computers and if for some reason, it was not possible on a day, to have the draw of lots through computer, it is done manually. The ballot priority so determined is displayed on the notice board in the outer lobby of the Rajya Sabha.

    (6)ADMISSIBILITY OF QUESTIONS

    The notices of questions as received from Members are processed in the Secretariat for the purpose of determining their admissibility in terms of provisions of Rules 47 to 49 of the Rules of Procedure and Conduct of Business in the Council of States. Besides, following are some of the other important requirements that govern the admissibility of questions: -

    1. It should seek to elicit information on a matter of public importance within the special cognizance of the Minister to whom the notice is addressed.
    2. Questions containing references to previous questions and answers given in the Rajya Sabha should  be self-contained by quoting the number and  very briefly the purport of the previous question and the date when the question was answered.
    3. Questions asking for information reaction etc. on statements or, articles appearing in newspapers should contain the specific points in the statements or articles on which information is required. A copy of the relevant newspaper cutting or the name of the paper and the date when the statement or the article appeared in the paper should, as far as possible, also accompany the notice.
    4. Questions regarding legislation should be addressed to the Minister responsible for the subject matter of the legislation in question and not to the Minister of Law.
    5. Notices of questions on a subject on which a Minister proposes to make a statement during the currency of the session are kept pending for a decision till the statement is made. Admissibility or otherwise of such questions is decided after the statement is made.
    6. Questions seeking information on matters of past history should be restricted to a period ordinarily not exceeding three years.
    7. Questions relating to day-to-day administration in respect of public undertakings/autonomous bodies/statutory corporations are not admitted for answer unless a matter of policy or public interest is involved.
    8. Information in respect of working of the statutory corporations and limited companies in which Government has financial or controlling interest may be obtained by the Members direct from the corporations or the companies concerned. For this purpose, the Ministries have issued directions to the statutory bodies and limited companies functioning under them to supply the requisite information to the Members direct.

    (7)LIST OF QUESTIONS

    1. After the examination of the notices of questions as received from the Members, lists of questions for oral and written answers are prepared by the Secretariat on the basis of the draw of lots (referred to in paragraph 5 above).
    2. Questions are included in the lists of questions for any day for oral or written answers, as the case may be, in accordance with the orders of the Chairman.
    3. A question may be placed on the list of questions for answer, on a date, later than that specified by a Member in his/her notice, if the Chairman is of the opinion that a longer period is necessary to decide whether the question is or is not admissible.
    4. A notice of a question given for oral answer may be admitted for written answer where it is considered by the Chairman that the notice of question is of such a nature that a written answer would be more appropriate.
    5. As per the orders of the Chairman not more than five questions, both Starred and Unstarred combined, by one Member, are placed on the lists of questions for any one day.
    6. The total number of questions  included in the lists of questions for oral and written answers is limited to 175 including 20 questions for oral answers, questions postponed from one list to another for written answer and 15 questions to the States under President’s rule.
    7. A Member cannot have more than three questions in the list of questions for oral answer against his name on any one-day. Starred questions in excess of three by the same Member are placed in the list of questions for written answer for that day.
    8. A limit of 7 notices of question per sitting per Member has been fixed under the direction of Hon’ble Chairman, Rajya Sabha and notices received in excess of 7 from a Member for a day are kept for subsequent sittings concerning that Ministry/Ministries in a session.
    9. Subject to the provisions of rules 43(1) and 51A of the Rajya Sabha Rules of Procedure and Conduct of Business and in accordance with Hon'ble Chairman's directions, questions admitted in excess of 5 in the name of a Member for any day may be put down in the list of questions for a subsequent day allotted to the group of Ministries in a session.
    10. Not more than two Members’ names shall be clubbed to a question for oral answer. Besides the first name which shall be in accordance with the results of the draw of lots, the name of the other Member clubbed will be in the order in which his/her notice has been received in point of time. The same procedure is also followed in the case of short notice questions.

    (8)AMENDMENT OF QUESTIONS

    1. A Member may amend the notice of the question given by him before the date on which the question is proposed to be asked.
    2. In case a notice of question has been disallowed and the Member who has given notice of that question, makes a representation for reconsideration of the decision, such representation is considered on merits and the question, if admitted on reconsideration, is put down for answer on the next available date during the session.

    (9)QUESTIONS PUT DOWN FOR WRONG DATES

    Questions addressed to the a Minister but proposed to be asked on a date not allotted to his/her Ministry are, subject to the provisions of the rules, put down on the next date allotted for answering questions by that Minister.

    (10)QUESTIONS ADDRESSED TO A MINISTER NOT RESPONSIBLE FOR THE SUBJECT-MATTER

    1. Members should address their questions invariably to the Ministers concerned.
    2. The transfer of a question from the Minister to whom it is wrongly addressed by the Member to another Minister is not normally effected by the Secretariat unless written intimation is received from the Ministry accepting the transfer of the question before the list for that day is finalised and sent for printing. In this connection, the Chairman has given the following direction: -

      "After a Question is admitted and printed, no transfer from one Ministry to another shall take place. However, if a request for the transfer of a Question from one Ministry to another is made before it is admitted and printed, Chairman shall be the final authority to decide in the matter."

    (11)PRINTED LISTS OF QUESTIONS

    1. Lists of questions for oral answers are printed on pink paper and those of questions for written answers on yellow paper.
    2. Printed lists of admitted questions are circulated to the Members as well as the Ministries at-least five days in advance of the dates on which they are due for answer. Any case of printing error in the question lists, such as wrong spelling of proper nouns or wrong clubbing of names, etc., is corrected by the Secretariat by issuing necessary errata in the matter. Such errors may also be brought to the notice of the Secretariat, immediately on receipt of printed lists, so as to enable the Secretariat to take necessary action in the matter.

    (12)WITHDRAWAL AND POSTPONMENT OF QUESTIONS

    1. A Member may, by notice given at any time before the commencement of the sitting for which his question has been placed on the list of questions, withdraw his/her question or postpone it to a later day to be specified in the notice and on such later day the postponed question will be placed on the list after all questions which have not been so postponed.
    2. A starred question which is postponed by the Member at the request of the Minister made through the Secretariat, will have the same position in the subsequent list of questions for oral answers as it was having in the earlier list from which it has been postponed.
    3. A starred question which is postponed at the direction of the Hon'ble Chairman, shall be placed at the same position on the postponed date.
    4. If on a question being called is not put by the Member in whose name it stands, even though that Member is present in the House or he/she states that it is not his/her intention to put the question, the question is treated as withdrawn and is not printed in the official debate.
    5. In exceptional cases only and not as a matter of course the Chairman, may, on a request of another Member, direct that answer be given to a question, even if a Member who has tabled the question, states in the House that he/she does not want to put the question. 

    (13)ANSWERING OF QUESTIONS NOT REACHED FOR ORAL ANSWERS

    A question not reached for oral answer may be answered after the end of the Question Hour with the permission of the Chairman, if the Minister concerned represents to the Chairman that the question is one of special public interest to which he/she desires to give a reply  (Rule 52).

    (14)ANSWERING OF QUESTIONS OF ABSENT MEMBERS

    1. When all the starred questions on the list for which oral answers are desired, have been called once  one by one, and the Question Hour is not over, the Chairman may call again any question which has not been asked by reason of the absence of that Member in whose name it stands. In such a situation the Chairman may also permit a Member to ask a question standing in the name of another Member who is absent, if so authorized in writing by the  Member so absent.
    2. In case no intimation is received from the absent Member, the question is passed over in the House but it is included, together with its answer, in the official debate.

    (15)INTIMATION OF DISALLOWED QUESTIONS

    When a question is disallowed by the Chairman, an intimation to this effect is given to the Member concerned.

    (16)DISPOSAL OF QUESTIONS WHEN SITTING IS CANCELLED OR OUESTION HOUR IS DISPENSED WITH

    1. When a sitting of the House is cancelled or the House is adjourned without transacting any business, all the questions, both starred and unstarred, originally entered in the lists of questions for that day, are laid on the Table of the House on the next day of its sitting, together with their answers and are printed in the official debate of that day.
    2. When the Question Hour of a sitting is dispensed with but the sitting itself is not cancelled, all Starred and Unstarred questions, together with their answers, are laid on the Table of the House and are printed in the official debate of that day.
    3. In case the House decides to dispense altogether with the Question Hour, the questions appearing in the Starred and Unstarred Lists already printed and circulated are treated as cancelled and the questions received for those particular dates are treated as lapsed. However, this does not apply to Short Notice Questions.
    4. Questions put down for a sitting of the House which is cancelled and when there are no other sittings during the session, lapse on the prorogation of the House.

    (17)SUPPLY OF COPIES OF ANSWERS TO MEMBERS

    1. Ten sets of answers to all the Starred Questions included in the List of Questions for the day are kept in the Notice Office at 10.00 A.M. for perusal by the Members. However, these answers are considered confidential and should not be treated final till the questions are actually answered in the House.
    2. As soon as the Question Hour is over, one set of answers to Starred and Unstarred Questions of the day is placed in the Lobby for reference. One copy of the answer to a question is also supplied to the Member/Members in whose name the question stands in the list, at his/her residence.

    (18)STATEMENT LAID ON THE TABLE OF THE HOUSE IN ANSWERS TO QUESTIONS AND COPIES OF ANSWERS TO PREVIOUS STARRED, UNSTARRED OR SHORT NOTICE QUESTIONS REFERRED TO IN REPLIES TO STARRED QUESTIONS

    1. Arrangements are made for supply in advance to Members copies of statements to be laid on the Table of the House by Ministers in answer to questions and copies of answers to previous starred, unstarred or short notice questions, referred to in the questions for oral answers. Members in whose names questions stand in the list may obtain copies of such statements or answers to previous questions from the Notice Office or the Lobby subject to the following conditions:-

      1. A copy of the statement or answer to previous question, as the case may be, is made available to the Member who has given notice of the question for oral answer or to the Member who has been authorized by him/her to ask the question on his/her behalf or to any Member who has been duly authorized by either of them in writing to receive the statement or answer to previous question.
      2. A copy may be had one hour in advance of the time of sitting of the House at which the question has been put down for oral answer.
      3. A second set of statements and answers to previous questions are made available at the same time in the Notice Office for perusal by other Members who are interested to see the statements or previous answers. A few additional sets of every such statement and previous answer are also placed in the Lobby for perusal by other Members.
      4. An additional set of such statements etc. is also placed one hour before the commencement of the Question Hour at the seat of the Member or Members in whose name or names the question stands in the list.
      5. The contents of every such statement should be considered as strictly confidential and must not be released for publication until the question to which it relates is actually asked and answered in the House. In case the question is not reached for answer the statement must not be released till the Question Hour is over. As a Minister replying to any question is always at liberty till the question is answered on the floor of the House to make any corrections to the answer, already sent by him to the Secretariat, the statement should be treated as provisional until the question is actually answered, or if it is not reached for answer, until the Question Hour is over, the statement should be taken as final only in the form in which it appears ultimately in the answer given to the question.
    2. The number of each question in respect of which a statement is proposed to be laid on the Table of the House or in reply to which the answer to any previous question is referred to, together with the name of the Member who has given notice of such question is displayed on the Rajya Sabha Notice Board. A copy of such notification is also available in the Notice Office, Lobby and on the Table of the House.

    19)STATEMENT BY MINISTERS CORRECTING REPLIES GIVEN BY THEM TO QUESTIONS

    A Minister may, with the prior permission of the Chairman, make a statement on the floor of the House correcting the reply already given by him to a Starred or a Short Notice Question. In respect of an unstarred Question, such a statement is laid on the Table of the House and not made.

    (20)QUESTIONS ADDRESSED TO PRIVATE MEMBERS

    A question may be addressed by a Member to a private Member provided the subject-matter of the question relates to some Bill, Resolution or other matter connected with the business of the House for which that Member is responsible and the procedure in regard to such question is, as far as may be, the same as is followed in the case of questions addressed to a Minister.

    (21)SUPPLEMENTARY QUESTIONS

    A Member, when called by the Chairman, may put a supplementary question for the purpose of further elucidating any matter of fact regarding which an answer has been given; but no discussion is permitted during the time for questions in respect of any question or any answer given to a question.

    (22)STATISTICAL INFORMATION RELATING TO QUESTIONS

    After the conclusion of every session, a pamphlet on statistical information relating to notices of   questions received during that session and their disposal, is brought out by the Secretariat and circulated to the Members for their information.

  3. Short Notice Questions (Rule 58 of the Rule of Procedure)

    (i)         With the consent of the Chairman and of the Minister concerned, a Member may ask a question relating to matter of public importance with shorter notice than fifteen clear days.

    (ii)        The notice should be given in the standard printed form (Form No.RSQ3) available in the Notice Office and Questions Branch. The official designation of the Minister to whom a Short Notice Question is addressed, along with the reasons for asking the question with shorter notice, should be stated therein. Where no reasons have been assigned in the notice of the question, the question is returned to the member.

    (iii)       On receipt of the notice, an enquiry is made from the Minister concerned whether he/she is in a position to answer the question at shorter notice and, if so, the date on which it will be convenient for him/her to do so.

    (iv)       A copy of the short notice question, when admitted, is sent to the member concerned with a covering letter by the Secretariat stating that the Minister concerned has accepted to answer the question on a particular date.

    (v)        Admitted Short Notice Questions are printed on white paper and circulated to all Members along with other parliamentary papers.

    (vi)       In case the Minister regrets his/her inability to answer the question at short notice, an intimation to that effect is sent to the Member concerned.

    (vii)      In other respects, the procedure for Short Notice Questions is the same as for ordinary questions for oral answers, with such modification, as the Chairman may consider necessary or convenient.

    (viii)      If the Minister is not in a position to answer the question at short notice and the Chairman is of the opinion that the question is of sufficient public importance to be orally answered in the House, he may direct that the question be placed as the first question on the list of questions for the day on which it would be due for answer under rule 39 which requires a notice of 15 clear days.

    In such a case not more than one such question is accorded first priority on the list of questions for any one day.

  4. Half-an-Hour Discussion (Rule 60 of the Rules of Procedure)

    (i)         Half-an-Hour Discussion is permitted on any day by the Chairman on a matter of sufficient public importance which has been the subject of a recent starred/unstarred or a short notice question in the House and the answer to which needs elucidation on a matter of fact.

    (ii)        A member wishing to raise a discussion should give notice in writing in the standard printed form (Form No.RSQ4)  available in the Notice Office and Questions Branch atleast  three days in advance of the day on which the matter is desired to be raised and should mention the number of question and the date of its answer and briefly specify the point or points that he/she wishes to raise during the discussion.  

    (iii)       The notice to raise discussion should be accompanied by an explanatory note stating the reasons for raising the discussion on the matter in question and should be supported by the signature of at least two other Members.

    (iv)       The requirement of three days' notice period may be waived by the Chairman with the consent of the Minister concerned.

    (v)        If more than two notices have been received and admitted by the Chairman, a draw of lot is held with a view to selecting two notices and the notices are put down in the order in which they were received in point of time.

    (vi)       If any matter put down for discussion on a particular day is not disposed of on that day it is not set down for any further day, unless the Member so desires, in which case it is included in the draw of lots for the next available day.

    (vii)      The Member, in whose name the notice to raise the discussion is admitted, is informed to that effect as soon as the decision is taken.

    (viii)      The Member concerned, when called by the Chairman, makes a short statement and the Minister concerned replies thereafter. Any Member who has previously intimated

    to the Chairman is permitted to put a question for the purpose of further elucidating any matter of fact.

    (ix)       If the Member, who has given notice, is absent, any Member who has supported the notice may, with the permission of the Chairman, initiate the discussion.
  5. Calling Attention (Rule 180 of the Rules of Procedure)

    (i) This is a device through which a member with the previous permission of the Chairman, calls the attention of a Minister to a matter of urgent public importance by reading out  the subject as given in the List of Business of the day.   The Minister makes a brief statement or may ask for time to make a statement at a later hour or date. No debate is permitted on such statement at the time it is made. Ordinarily not more than one such matter is allowed to be raised at the same sitting.

    (ii) The proposed matter is raised after  Questions Hour and laying of papers, if any, on the Table and before any other item in the List of Business is taken up and at no other time during the sitting of the House.

    (iii) Notices of Calling Attention should be addressed   to the Secretary-General in the prescribed form (Form No.RSL1) available in the Notice Office. A copy of each notice should also be endorsed separately to the Minister concerned and the Minister of Parliamentary Affairs. The Notice Office while receiving the notices, indicates the  diary number, date and time of their receipt.

    (iv) All Calling Attention Notices received for a day during a week in which that day falls are kept alive during the whole of that week and placed before the Chairman for his consideration from day to day along with notices received up to 10.30 a.m. on the day on which the notices are put up to him.

    (v) On the last day of the week on which the House sits, the notices received up to 10.30 a.m. on that day are considered and all the notices which are not selected are deemed to have lapsed.  No intimation about this is given to the members.  Members may however renew their notices for the next week.

    (vi) Notices received after 10.30 a.m. on the last day of the week on which the House sits are deemed to have been received for the day on which the next sitting of the House is to be held and these are valid for the following week.

    (vii) Not more than two notices of Calling Attention should be given by a member for one sitting.

    (viii) The relative priority of Calling Attention Notices received on the same subject is determined according to the time of their receipt in the Notice Office. The inter se priority of the notices received at the same time is determined by a draw of lot.

    (ix) After a notice is admitted by the Chairman, the Member who has given the notice and the Ministry concerned are informed immediately. It is also notified in the Bulletin

    Part-II.  The item in that regard is entered in the List of Business for the day for which the notice has been admitted.

    (x)¬† When the item is called, the Member rises in his seat and states¬† ‚ÄúI call the attention¬† of the Minister of ‚Ķ‚ÄĚ and reads out the admitted text of the notice¬† No other statement is made by him.¬† The Minister¬† then makes a statement on the matter.¬† Copies of the statement are circulated simultaneously.¬† Thereafter,¬† the¬† Member who has called the¬† attention of the Minister¬† may seek clarifications but should not take more than seven minutes and other Members who are called by the Chairman should not take more than five minutes each and should restrict themselves strictly to seeking clarifications on the Calling Attention.

    (xi) Where a Calling Attention Notice stands in the name of a number of members, in calling out name of members who desire to seek clarifications, the first principle is party/group. After exhausting the parties/groups, whose members have given the notice by calling one Member from each party/group, the Chairman may call Members belonging to parties/groups not in the list.

    (xii) A member whose Calling Attention Notice has not been selected during a week may renew the same in the prescribed form (Form No.RSL5)  for subsequent week(s). In such a case, the date and priority of the notice is the date and time at which the renewal notice is received in the Secretariat from the member concerned and no consideration  is  given to the previously lapsed notice of Calling Attention on the same subject.

    (xiii) Not more than one hour may be spent on a Calling Attention and when there is Question Hour, the Calling Attention  ordinarily concludes at 1.00 p.m.
  6. Zero Hour Submissions

    Although not in vogue this is one of the  devices  available   to the Member under which one can raise matters of public importance  on the floor of the House.  This  method is  unique in itself for having evolved on a convention and practice without having any specific sanction  of the  rule book.  The  emergence of the  Zero Hour Submission can be traced back to  the early sixties when many issues of public interest were being raised by the Members immediately after the  Question Hour.

    With a view  to regulate the Zero Hour Submission, the Hon’ble Chairman has given directions from time to time.  The following procedure has evolved after the matter was placed before the Committee on Rules which inter-alia opined that  -

    Zero Hour Submission should not  exceed beyond half- an- hour;

    Total number of  submissions should not exceed seven per day;

    A Member should not take  more than three minutes in making the submission;

    A  Member may make only one Special Mention  or Zero Hour Submission during a week; and

    Zero Hour Submission & Special Mentions should be completed before the  House adjourns for lunch at 1.00 p.m.

    Following the  adoption of the recommendation of the Committee on  Rules regarding Zero Hour Submissions contained in its 7th Report on 30th May, 1995, a practice was more or less developed till the early part of 1999 that Members used to approach the Chairman in his chamber and give in writing by 10.15 A.M.  the subject of issue they wish to raise.  Only those  Members to whom permission was granted, were ordinarily permitted to mention the matter in the House.  

    Since May, 1999, permission to the Members to raise matters of urgent public importance by way of Zero Hour Submission is very rare, because whatever is said in the Zero Hour goes almost unnoticed and there is no mechanism available to ensure Government’s  response to the matters raised in the Zero Hour.  It is now  only under very exceptional circumstances or extreme urgency that  the Chairman grants permission for raising a matter of urgent public importance by way of Zero Hour Submission.  In order to ensure the Government’s response to the matter raised by the Members, another parliamentary device (Special Mention)  for raising matters of urgent public importance has been strengthened with the farming of rules thereof and Members are encouraged to raise their matter by way of Special Mention rather  than the informal method of Zero Hour Submission.

  7. Special Mentions (Rules 180A to 180E of Rules of Procedure)

    Special Mention is yet another device through which a Member can raise issue of Public Importance pertaining to national, State or a specific place.   Till  the  1st July, 2000 there was no specific provision in the Rules of Procedure and Conduct of Business in the Rajya Sabha  in regard to the  mentioning of matters of urgent public   importance in the House by Members(Special Mentions).  The absence of  Rules governing the admissibility of and  the procedure for  making  Special Mentions was perceived as  hampering the smooth  conduct of  the business of the House.  Therefore, the matter  was placed before the  General Purposes Committee.   The  General Purposes Committee  at its meeting on 28.7.1999 endorsed the  need for framing rules in this regard and referred the matter to the Committee on Rules.  The Committee on Rules  in its  eight report agreeing with the   views of the General Purposes Committee proposed  new Rules 180A to 180E for regulating the procedure for raising  Special Mentions  in the House.  The  Report  of the Committee was adopted by the House on 15th May, 2000 and  the new Rules came into force with effect from 1st July, 2000.   Accordingly,  from the 190th Session the matter of Urgent Public Importance (Special Mentions) are being raised   under  rules 180A to 180E.

    At the commencement  of each Session, Members are informed about the procedure to be followed in regard to Special Mentions.  A Member who desires to  make  a Special Mention has to give notice in writing in the prescribed form (Form No.RSL4) by 5.00 p.m. on the day preceding the day on which he desires to mention the matter.  Notices on subjects that have not been selected for a particular day are carried forward for  consideration of the Chairman for the next day.  Notices which are not selected during the week for which they have been given, lapse at the end  of the week and no intimation thereof is   given to the Member who had given  the notices.  Those Members who are desirous  to revive their  notice(s) for the following week may do so by giving a fresh notice.

    In order  that a notice may be admissible, it should be accompanied by  the  text of the Special Mention  not exceeding 250 words; should not refer to a matter which is not primarily the concern of the Government of India; should not refer to a matter which has been discussed in the same  session or which is substantially  identical to the matter already raised by a Member under rules governing Special Mentions during that session; should not raise more  than one issue; should  not pertain to trivial  matters; should not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements; should  not relate to matters which are under adjudication  by a  Court of law having jurisdiction in any part of   India; should be restricted  to a matter of recent occurrence;  should  not refer to proceedings of a parliamentary/consultative committee; should  not refer to the conduct or character of  persons except in their  public  capacity; and should not refer discourteously to a friendly foreign country.

    A Member should not  give more than two notices for one sitting.  All the  notices  received upto the  time mentioned  above are arranged according to date and point of time and placed before the Chairman for his  consideration on  day to day basis.   The Chairman's decision  regarding  granting the permission is  communicated to the Member concerned in the House during Question Hour by returning the  notice and the approved  text with the remarks  "HC has permitted."  Members are  permitted to read only the  approved text of  the Special Mention when called upon by the Chair.  Speeches made beyond the approved  text do not  form part of the debate.  Any Member who wishes to associate with a particular Special Mention may do so by merely stating  "I  associate"  and is not permitted to make any speech thereon.

    Special Mention, when permitted for a day, are generally  taken up immediately after paper laying in the House and Zero Hour Submissions, if any.

  8. Short Duration Discussion (Rules 176-179 of the Rules of Procedure)

    (i) Any Member desirous of raising discussion on a matter of urgent public importance may give notice in writing to the Secretary-General specifying clearly and precisely the matter to be raised in the prescribed from (Form No.RSL2) available in the Notice Office. The notice should be accompanied by an explanatory note stating reasons for  wanting to raise the discussion on the matter in question and should also be supported by the signatures of at least two other members.

    (ii) If the Chairman is satisfied, after calling for such information from the Member who has given notice and from the concerned Minister as he may consider necessary, that the matter is urgent and is of sufficient public importance to be raised in the House at an early date, and an early opportunity is not otherwise available for the discussion of the matter, he may admit the notice. The notice after admission is notified in Bulletin-Part II, in its admitted form.

    (iii) The Chairman, in consultation with the Leader of the House, may fix the date on which such matter may be taken up for discussion and allow such time for discussion not exceeding two and a-half-hours, as he may consider appropriate in the circumstances.  The item is  entered in the List of Business for the day in the admitted form  in the name of the Member who  in point of time, first gave notice.  Names of other Members who have also given notice are also listed.

    (iv) When such a matter is discussed, there is no formal motion before the House nor  is the matter   put to vote. The Member in whose name the item is admitted first initiates the discussion by making  a short statement on the admitted matter.  Time  is allotted to parties in proportion to their numerical strength and names of Members desiring to speak are received from the leaders/whips of the parties.  The Chair generally calls out names from all parties by rotation one by one. Any other Member who has previously intimated to the Chairman may be permitted to take part in the discussion  provided the time allotted to the party is not over. Thereafter the Minister replies briefly. 

    (v) The Chairman may, if he thinks fit, prescribe a time limit for speeches.

  9. Motion (Rules 167-174 of the Rules of Procedure)

    (i) A motion is a proposal made by a Member to the House that the House do something or order something to be done or express an opinion  with regard to some matter.  A motion must be phrased in such a manner that, if assented to, it will purport  to express the  decision or will of the  House.  The general rule is that  no discussion of a matter of general public interest can take place in the House except on a motion made with the consent of the Chairman. Notice of a motion is to be given in writing addressed to the Secretary-General in the prescribed form (Form No.RSL6) available  in the Notice Office.

    (ii) In order that a motion may be admissible it has, to satisfy the   conditions laid down under Rule  169 of the Rules of Procedure and Conduct of Business in the Council of States. The Chairman decides on the admissibility of a motion and may disallow a motion or a part thereof when in his opinion it does not comply with the Rules.

    (iii) The notices of motion after they are admitted by the Chairman, are immediately notified in the Bulletin Part-II with the heading 'No-day-yet-named Motions'.  If a date  for discussion  has been decided it is  published with the  heading `Motion’ notifying the date on which the matter is being listed for discussion.

    (iv) The Chairman, after considering the state of business in the House and in consultation with the Leader of the House may  allot a day or days or part of a day for the discussion of any such motion.  The item is then   entered in the List of Business for the day  in the name of the Member and such other Members who have given  similar notices.

    (v)  Members may also  give notice of amendments to the motion.

     (vi)  At the appointed hour, on being called by the Chair, the Member in whose name the motion stands in the list of Business formally moves the  motion  by  reading the text of the admitted motion   and makes his speech.  If the Member is absent  the second or third member and so on, if any, in whose name the motion stands in the List of Business is called to move the motion.  After the  motion has been moved, the Chairman places the motion before the  House.  Amendments, if any, are then moved by the Members  when called by the Chair, and discussion follows.

    (vii) Whenever necessary, the Chairman prescribes a time limit for speeches.

    (viii) When notices of a Government Motion and a Private Member's Motion are received and admitted by the Chairman on the same subject, the Government Motion is given priority for discussion in the House.

    (ix) Generally, the allocation of time for discussion of the Motion is made in the  Business Advisory Committee and time is proportionally allocated to parties/group for speeches  names of speakers are given by the Leaders/whip of the parties, and names are called by the Chair from different parties by rotation.  A record is kept of  the time taken by each speaker.

    (x) After the Members and the Minister concerned have  participated in the debate, the mover of the Motion may speak again by way of reply.   Amendments, if any  are put to the vote of the House and disposed of after which the main motion  is put to the vote of the House.

    (xi)  In case the motion is  carried, intimation is given to the  Minister  concerned.

  10. Motions for Modification of Rules, Regulations, etc. laid on the Table of the Rajya Sabha.

    While the legislature has the sole prerogative of passing laws, it may delegate to the executive through an express provision in the law, the power to frame  rules, regulations etc in furtherance of the objectives and provisions of the Act.  In order to exercise control, generally rules and regulations so framed by the executive are required to be laid on the Table of both Houses of Parliament to enable Parliament to change or modify provisions of the Subordinate Legislation if the Legislation is either inadequate or improper. This can be done by a Member by moving  a motion.  The following is the procedure in this regard:-

    (i)          Any member may give notice of a motion for an amendment to any rule, regulation, bye-law, etc. laid before the House within the time period specified for the purpose.¬† A list of all rules, regulations and bye-laws laid on the Table during each week is published in the Bulletin Part II indicating the period within which a motion can be made.¬† The notice of the amendment will be in such form as the Chairman may consider appropriate.¬† The notice should be addressed to the Secretary-General and should specify the rule and sub-rule and¬† the exact wording of the change proposed in each case.¬†

    (ii)               The Chairman, in consultation with the Leader of the House, fixes a day for the consideration of amendments to such rules, regulation, bye-law, etc. for which notices have been received and admitted.¬† The item is then enlisted in the List of Business of that day in the name of the Member giving the notice.

    (iii)               When the item is called out by the Chair on the appointed day, the Member in whose name the motion is enlisted rises in his seat and says ‚ÄėI move that‚Ķ‚Ķ‚Ķ.. ‚Äė.¬† He may make a short speech in support of the motion.¬† Then other Members may, with the permission of the Chair also participate.¬† Thereafter the Minister concerned with the subject matter intervenes, giving the viewpoint of the Government.

    (iv)              The mover of a motion for amendment of rules, regulations, bye-laws, etc. has a right of reply.¬† Thereafter, the Chairman puts the motion to vote (usually a voice vote).

    (v)                The motion, if adopted by the House, is transmitted to the Lok Sabha for concurrence.¬† In case concurrence is received, it is reported to the House, and the Ministry is informed of the decision in this regard.

  11. Bills

    (1) DEFINITION

    A Bill is a legislative proposal in a distinctive format, which, if passed by both the Houses of Parliament and assented to by the President, becomes an Act of Parliament.  It has to pass through various stages before it becomes an Act.

    (2) SALIENT FEATURES OF A BILL: -

    LONG TITLE, which describes the nature of the proposed measure and is prefixed to a Bill.¬ĺ ‚ÄėA Bill to ‚Ķ‚Ķ‚Ķ..etc.‚Äô

    PREAMBLE, which follows the Long Title and precedes the enacting formula explains certain facts necessitating the enactment¬ĺ WHEREAS‚Ķ‚Ķ‚Ķ.etc.‚ÄĚ It is useful in placing the proposal in the required context.

    ENACTING FORMULA, which is a short paragraph preceding the clauses of a Bill¬ĺ ‚ÄėBe it enacted by Parliament in the¬ĺyear of the Republic of India as follows:¬ĺ

    SHORT TITLE, which is an index-heading to an enactment and is cited in the first clause of the Bill¬ĺ ‚ÄėThis Act may be called the ‚ĶAct, 19‚Ķ‚Äô where two or more Bills seek to amend the same principal Act and are introduced in the same year, they are numbered consecutively.

    EXTENT CLAUSE, which explicitly specifies whether the proposed law is applicable to the whole of India or to the whole of India excepting the State of Jammu and Kashmir or only to Union territories or to those States the legislatures of which have passed resolutions under article 252 of the Constitution4 or to the whole of India as also to citizens of India and some other categories of persons.

    COMMENCEMENT CLAUSE, which specifies when the Act shall come into force.¬† The general practice is to place the short title, the extent or application and commencement clauses in a single clause divided into three sub-clauses.¬† The general rule regarding the commencement of an Act is that in the absence of an express contrary provision, the Act comes into force on the date on which it receives the assent of the President. In view of this, an Act which is intended to take effect at once does not usually have a commencement clause.¬† If the Act has to be a retrospective effect, the commencement clause is in the form: This Act shall be deemed to have come into force on the‚Ķ‚Äô In many cases power is conferred on the Central Government to bring the Act into force ‚Äėon such date as the Central Government may, by notification in the Official Gazette, appoint‚Äô and additionally, some Acts may provide that different provisions thereof may be brought into force on different dates.

    DURATION CLAUSE, in a temporary Bill, which is embodied as one of the sub-clauses in the first clause of a Bill stipulates the period till which the Act will be in operation; after the expiry of the stipulated period, such enactment ceases to be effective.

    DECLARATORY CLAUSE, in certain Bills, which comes after clause one (citation clause) of a Bill, declares or states the need or requirement which the statute is framed to fulfil, Generally, a legislation contemplated under article 31C or entry 7, 23, 27, 52, 53, 54, 56, 62, 63, 64, or 67 in the  Union List of the Seventh Schedule to the Constitution contains a declaratory clause.

    DEFINITION CLAUSE, which usually comes immediately after the short title, defines various expressions which occur in an Act to avoid ambiguities of the words or phrases used in the Act, or a particular part of chapter of that Act. The definitions are arranged in alphabetical order.

    RULE-MAKING CLAUSE, which delegates rule-making power to the Executive under the proposed law, is in a set form and inserted in all Bills involving power to make rules, regulations, etc. It is based on three general principles, namely, the rules, etc. should be laid on the Table before each House of Parliament, they should be laid for a specified period as soon as may be after they are made and they should be subject to modification by Parliament within a prescribed period.

    REPEAL AND SAVINGS CLAUSE, which is placed at the end of a Bill repeals some enactment or ordinance and reserves something which would be otherwise included in the words of the enacting part or protects rights which may have accrued under the then existing law. The provisions regarding both repeal and savings are embodied in the same clause. The General Clauses Act provides for the various effects of the repeal of an enactment.

    SCHEDULES, which are appended to some Bills, contain matters of detail e.g., forms, lists, tables, etc. The expression used is 'First Schedule', 'Second Schedule', etc. which is spelt with capital letter 'S', and refers at its head the clause of the Bill to which it relates.

    Apart from the above clauses, a Bill may also contain provisions in the nature of exceptions and exemptions, procedural matters, overriding effect of the proposed Act, penalty, removal of doubts and power to issue directions. Each clause is a self-contained paragraph embodying a proposal. A clause may be divided into sub-clauses and a sub-clause may be divided into items. The clauses are numbered serially 1, 2, 3, etc., the sub-clauses (1), (2), (3) etc., and the items (i), (ii), (iii), etc. or (a), (b), (c) etc. If a Bill is a long one, it is divided into chapters. Each chapter, clause and schedule is given a brief heading. A Bill having more than twenty-five clauses also carries a list of contents of a Bill, called "Arrangement of Clauses". In some cases like Bills having more than twenty-five clauses or Bills of technical nature which cannot be understood easily, are accompanied by notes on clauses which explain the various provisions contained therein. They are elucidatory in nature and facilitate consideration of the clauses in their right perspective.  Amending Bills also contain extracts of relevant provisions of the principal Acts proposed to be amended by the Bills, in the form of Annexures.

    (3) TYPES OF BILLS

    Bills may be classified into Government Bills and private members' Bills according as they are sponsored by a Minister or a private member. Depending upon their contents, Bills may further be classified broadly into (a) Original Bills which embody new proposals, ideas or policies, (b) Amending Bills which seek to modify, amend or revise existing Acts, (c) Consolidating Bills which seek to consolidate existing law/enactments on a particular subject, (d) Expiring Laws (Continuance) Bills which seek to continue Acts which, otherwise, would expire on a specified date, (e) Repealing and amending Bill to cleanse the Statute Book, (f) Validating Acts to give validity to certain actions, (g) Bills to replace Ordinances, (h) Money and Financial Bills, and (i) Constitution Amendment Bills.

    (4) VARIOUS STAGES OF PASSAGE OF A BILL THROUGH PARLIAMENT.

    (a) Introduction of the Bill (First reading rule 67)-The legislative process starts with the introduction of the Bill in either House of Parliament. A Bill can be introduced either by a Minister or by a Private Member. In the former case it is known as a Government Bill and in the latter case it is known as a Private Member's Bill.

    It is necessary to ask for leave of the House to introduce a Bill. For this purpose a notice is addressed to the Secretary-General, and the Bill after scrutiny as to whether it conforms to the Constitutional and other,¬† mandatory requirements¬† is listed for introduction in the List of Business.¬† When the item is taken up, the member rises in his seat and asks that leave be granted to introduce the Bill.¬† The Chairman then puts the question to the House and generally by a voice vote the House agrees. If leave is granted, the Bill may be introduced by the member rising in his seat and saying ‚Äė I introduce the Bill‚Äô.¬† This constitutes the first reading of the Bill. If a motion for leave to introduce a Bill is opposed, the Chairman may, in his discretion, allow a brief explanatory statement to be made by the Member-in-charge of the Bill and the member who opposes the motion. Thereafter without further debate he may put the question to the vote of the House. A member can also raise a point at this stage that the Bill initiates legislation outside the legislative competence of the House. In such a case the Chairman may permit a full discussion thereon, and the question is put to the vote of the Council.

    After a Bill has been introduced, it is published in the Gazette. But even before introduction, a Bill might, with the permission of the Chairman, be published in the Gazette. In such a case no leave to introduce it in the House is necessary and the Bill is straightway introduced.

    With the creation of the Department-related Parliamentary Standing Committees, Government Bills introduced in the Rajya Sabha or the Lok Sabha are generally referred to these Committees by Hon'ble Chairman, Rajya Sabha or the Hon'ble Speaker, Lok Sabha for examination and report.

    (b) Consideration stage of the Bill (Second reading).rule 69 (i) ‚Äď

    After introduction, for the Bill to be taken up for consideration, a separate notice to this effect is to be given. In respect of Government Bills, the Minister gives the notice. In respect of Private Members‚Äô Bills, the member gives notice after his name has been selected by draw of lot as described in para ‚Äď 21 (vi). Thereafter the Bill is listed for consideration and passing on an appropriate day in the List of Business for that day. Consideration of a Bill by the Council is in two stages:-

    (i) First stage:- (rule 70)The first stage consists of a general discussion of the principles underlying the Bill.¬† At this stage it is open to the House to refer a Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion.¬† This is done by a motion moved by a member that it be referred to a Select Committee of the Council or that it be referred to a Joint Committee of the Houses with the concurrence of the House. For this purpose a written notice of the motion is required to be given mentioning the number of members proposed for the Joint/Select Committee and the names of the Rajya Sabha Members proposed to be included.¬† Alternatively, the member in charge of the Bill moves a motion ‚Äėthat the Bill be taken into consideration‚Äô. At this stage the Member-in-Charge may make a speech explaining the principles and provisions of the Bill. Other members with the permission of the Chair may also speak on the principles of the Bill. Amendments to any of the clauses of the Bill are not permitted to be moved at this stage (In respect of Private Members‚Äô Bills, the Minister whose Ministry is responsible for the subject matter of the Bill may intervene and give the view point of the Government. Thereafter the member-in-charge of the Bill may reply and if he so desires, seek the permission of the House to withdraw the Bill. (Please see para 23 also)

    (ii) Second stage-Clause-by-clause consideration (rule 70).-- If the motion for consideration of the Bill as introduced in the House is adopted by the House, the Bill is taken into consideration clause-by-clause. The Chair calls the clause number one by one. Discussion can take place on each clause of the Bill and amendments to clauses are moved at this stage. First the amendments are moved to a clause and then the clause with the accepted amendments, if any, is put to the vote of the House. The amendments form part of the Bill if they are accepted by a majority of members present and voting. This stage of the Bill is completed when all the clauses, the schedules, the enacting formula and the title of the Bill have been put to vote and disposed of.

    (iii) Bill before the Select/Joint Committee. (rules 72 to 93) ‚Äď If the motion for Constitution of a Select Committee is adopted or if the motion for Constitution of the Joint Committee is adopted by the Houses, the Bill stands referred to the Committee. The Select/Joint Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to various clauses by members of the Select/Joint Committee. The Select/Joint Committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the Bill has thus been considered, the Select/Joint Committee presents¬† its report to the House, which will include the Bill with all the amendments accepted by the Committee. The Council then considers the Bill as reported by the Committee, after a motion to take up the Bill as reported by the Committee is moved and passed. The member-in-charge of the Bill may move the motion by giving a notice which after admission is included in the List of Business.

    (iv) Bill circulated for eliciting public opinion (rule 70 (3). --If a Bill is circulated for the purpose of eliciting opining thereon, such opinions are obtained through the agency of the State Governments. When a Bill has been circulated for eliciting opinion, the next motion by the member-in-charge of the Bill has to be a motion for reference of the Bill to a Select/Joint Committee, unless the Chairman allows a motion to be made that Bill be taken into consideration. The member gives notice in this regard and the item is included in the List of Business for the appropriate day.

    (c) Passing of the Bills (Third reading- rule 109). --(i) After the consideration stage, and generally on the same day (since no separate notice is required) the member-in-charge of the Bill can move a motion that the Bill (or the Bill, as amended, as the case may be) be passed. In the case of a Bill which has been certified by the Speaker of the Lok Sabha as a Money Bill, the motion that is moved is that the Bill be returned. At this stage the debate is confined to arguments either in support of the Bill or for its rejection, without referring to the details thereof further than is necessary. Only formal, verbal or consequential amendments are allowed at this stage.

    (ii) For passing a Bill other than a Bill to amend the Constitution, a simple majority of members present and voting is necessary. But in the case of a Bill to amend the Constitution a majority of the total membership of the House and a majority of not less than two thirds of the members present and voting as stipulated in article 368(2) of the Constitution is required at all stages of the Bill.

    (d) Assent.- (i) After the Bill is passed, in case it has not already been passed by the Lok Sabha in the identical form it is sent to the other House and there also it passes through similar stages of consideration and passing. When a Bill is passed by both Houses, it is presented to the President for his assent. Only after the assent is given, does the Bill become an Act.

    (ii) The President can assent or withhold his assent to a Bill or he can return a Bill, other than a Money Bill, with his recommendation. If the houses pass the Bill again with or without the recommendation made by the President, he shall not withhold assent there from. But, when a Bill amending the Constitution passed by each House with the requisite majority is presented to the President, he shall give his assent thereto (articles 111 and 368 of the Constitution).

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