top of page

Instruments of Parliamentary Proceedings, Legislative Process in Parliament

The Indian Parliament has two houses, the Lok Sabha and the Rajya Sabha. Lok Sabha is the lower house. According to the Indian Constitution, the maximum number of members of the Lok Sabha can be up to 552. In which 530 members can be from states and 20 members from union territories. In the absence of adequate representation of the Anglo-Indian community in the House, the President of India can nominate two members of this community if he so desires.Presently there are 545 members. The term of the Lok Sabha is 5 years but it can be dissolved prematurely. It is constituted of representatives chosen by direct election by the people on the basis of universal adult suffrage.

Instruments of parliamentary proceedings

question hour

Starred question

These are oral questions and these questions are marked with an asterisk, supplementary questions can also be asked in them.

Lok Sabha can have 20 starred questions in a day, this member can ask only one question.

There is no limit on the total number of starred questions in Rajya Sabha (normally there are 25 questions in a day) while a member of Rajya Sabha can ask a maximum of three such questions.

Unstarred question

  1. These do not have an asterisk and are of written nature.

  2. Therefore, ministers have to answer regarding these; supplementary questions cannot be asked in this context.

  3. A maximum of 230 questions can be asked in Lok Sabha in a day while a member can ask 4 questions. There is no limit on unstarred questions in Rajya Sabha.

Short notice question

  1. Since it is related to matters of urgent public importance, the minister has to answer them within 10 days.

  2. If a minister declines to answer such a question, the Speaker may direct him to answer it.

  3. Short notice questions are usually put in the middle of the question hour, they are answered orally, usually only one short notice question is included in the list in a day.

Non official

  1. Questions asked to members Under Parliamentary Rule 40, MPs can also ask questions to any non-official member.

  2. Such questions are generally related to motions, bills etc. placed by non-official members, supplementary questions cannot be asked on this, the nature is written.

Half an hour discussion

  1. If someone wants to have half an hour discussion on any topic related to starred, unstarred, short notice question etc., he has to give at least 3 days prior notice.

  2. A member can conduct discussion only once in a week and cannot conduct more than two discussions in any session. For half an hour discussion, the support of additional 4 members is necessary for the member raising the discussion. Half an hour discussion takes place on Monday, Wednesday and Friday between 5:00 to 5:30 pm and the answer is given by the concerned minister.

Zero hour

One hour after the Question Hour is Zero Hour from 12:00 to 1:00 pm. In fact earlier it was of longer duration, Ravi Rai had ensured one hour during 9th Lok Sabha. This is the fundamental contribution of India. In zero hour, any member can ask questions to the minister without prior notice.

Rule 377

Right now the parliamentary system is India's gift, this is also a normal process under the attention notices, in this also the minister gives a comment, in this there is no voting and detailed discussion.

Under Rule 377, the MP gives information about the matter directly to the Speaker and it cannot be included in the parliamentary business list.

Calling attention notices

  1. Calling attention notices are India's gift to the parliamentary system, it started in 1954, it is a front process, so like an adjournment motion, special procedure is not adopted in it, it has the following characteristics

  2. According to Forest 97, any member of the House can seek comments and statements from the Minister under these information in case of public importance, with the prior permission of the Speaker, what film has been made.

  3. No member can give two or more notices in a day

  4. Members are required to report calling attention notices to the Secretary-General by 10:00 a.m.

  5. These notices can be brought by more than one member on the same subject but a maximum of 5 such notices can be included in the agenda of 1 day.

  6. There is no debate on the comment of such information of the minister, nor the voter, but a supplementary question can be asked.

Short term discussions

  1. This is also India's contribution to the parliamentary system, which was started in 1953, it has the following characteristics.

  2. As per Rule 193, a member has to give notice to the Secretary General mentioning the matter to be taken up for discussion and such notice should be signed by at least two more members.

  3. The final decision is taken by the Speaker whether the matter is of urgent public importance and is worth discussing or not.

  4. Normally such discussions can be held only till 2:30 pm on Tuesday-Thursday.

  5. After the discussion, the minister gives the answer and there is no voting in it.

Legislative process in parliament

  1. In the Constitution of India, some arrangements have been fixed for the scientific method, in addition to these arrangements, the detailed description about the legal process is mentioned in the rules of law of Lok Sabha and Rajya Sabha.

  2. According to the constitutional system, any bill except the financial bill can be presented in any house of the parliament. Bills are generally classified into three types.

Government and private bills

Ministers present government bills, while non-government bills are presented by ordinary members of Parliament. So far 14 bills have been passed by private members. Some of the major bills are as follows-

Classification on the basis of government and non-government bills

General classification, special classification

1. General classification

ordinary bill

finance bill

constitution amendment bill

2. Special Classification

original bill

change bill

consolidation bill

ordinance bill

finance bill

constitution amendment bill

  1. Muslim Waqf Bill (1952)

  2. Indian Registration Bill (1955)

  3. Women Child Bill (1954)

  4. Supreme Court Appellate Jurisdiction Extension Bill (1968)

General Classification of Bills

  1. Ordinary Bills which are passed by the simple majority of the Parliament.

  2. Finance Bills are presented in the Lok Sabha with the prior permission of the President, there are Finance Bills and Money Bills, they can be stopped by the Rajya Sabha only for 14 days.

  3. Constitutional Amendment Bill Bill passed under the procedure of Article 368.

Special bill

  1. The original bill in which new proposals and ideas provide for policies.

  2. Amendment Bill Their purpose is to amend the existing Acts.

  3. Consolidation Method This type of bill integrates all the existing bills on a single subject.

  4. Ordinance Bill These ordinances are brought to convert the ordinance issued by the President into an act.

  5. Finance bills related to money are presented in the Lok Sabha with the prior approval of the President and not in the Rajya Sabha.

  6. Constitution Amendment Bills are brought with the process of Article 368 and are of two types.

  7. are passed by ⅔ majority of the parliament

  8. which are passed with the support of ⅔ majority + the legislatures of more than half of the states

All the above three types of MLAs pass through both the Houses through all the three words of the Parliament to change the Act, whether it is a government bill or a non-government bill, the same procedure is adopted in both after being presented in the Parliament, but the permission of the cabinet is only given by the government. brought only on bills.

Draft and keep in the cabinet

  1. First, the departmental ministry prepares the draft of the proposal and consults the Law Ministry and the Attorney General on this.

  2. Then he puts this draft in front of the cabinet, after the permission of the cabinet, he informs the Parliamentary Secretary General about the date of the House regarding the presentation of the bill.

  3. It is necessary to inform the General Secretary at least 7 days before the date of submission.

  4. Along with this, 2 copies of the Bill are also given to the General Secretary. The Secretary, Chairman, Department, in consultation with the Business Advisory Committee, decides the date and time for the presentation of the Bill.

  5. That it is necessary to make available a copy of the bill to all the members of the house 2 days before the day on which the bill is to be introduced.

First reading

The process from the introduction of the bill to the publication of the bill in the Gazette comes in the first reading.

First of all, the concerned minister seeks permission from the Speaker to present the bill in the House, usually oral consent is given on this and there is no discussion on it.

But when the question of legislative competence arises, the Speaker allows discussion and the Attorney General can participate in it under Parliamentary Rule 72.

After this the bill is put to vote and after it is passed in the vote it is published in the gazette.

If the question of legislative competence does not arise, then after oral assent, the bill is directly published in the Gazette. In the following procedure, the permission of the House is not necessary in the first reading.

Second reading

it consists of three stages

  • First of all, there is an extraordinary discussion, and then the bill is referred to the select or joint committee in the stage.

  • These joint committees are temporary committees, the select committee consists only of the members of the house presenting the bill.

  • While the members of both the Houses Lok Sabha and Rajya Sabha are in the ratio of 2:1 respectively in the Joint Committee, but the Chairman of the Joint Committee is the House which has passed the bill.

  1. These committees discuss the bill section-wise and present their report in the House. The committees can propose amendments to the bill.

  2. But it is up to the minister to place the original bill for detailed discussion in the house. The minister may also refer the bill to a new committee before discussing the bill as amended by the committee.

  3. Second House In this, like the first house, the legislator has to pass through three steps or promises.

Third reading

voting on the bill

President's assent When the bill is passed by both the Houses, it is sent for the assent of the President, after his signature the bill turns into law.

10 views0 comments


Post: Blog2 Post
bottom of page