Zero Hour -Members are allowed to raise matters of urgent public importance after the Question Hour i.e. during ‘Zero Hour’ in the two Houses by the Presiding Officers. Whenever Presiding Officers give directions to the Government or the Minister/Minister of State of Parliamentary Affairs gives assurances on certain issues raised during ‘Zero Hour’ in the two Houses, the relevant extracts from the proceedings of the Houses relating to such matters are sent by the Minister of Parliamentary Affairs to the Minister concerned on the same day for such action as may be deemed necessary by the department. Ministry of the Parliamentary Affairs also sends relevant extracts from the proceedings relating to the matters raised during Zero Hour in the two Houses on which no directions or assurances are given, to the department concerned for information and such actions as may be deemed necessary. The department may examine such matters and, if deemed necessary, send replies to the members under intimation to the Ministry of Parliamentary Affairs. “Questions in Parliament”- The primary object of Questions is to elicit information on facts and figures in matters of public importance within the special cognizance of the Minister.
Zero Hour is the time when Members of Parliament (MPs) can raise Issues of Urgent Public Importance. For raising matters during the Zero Hour, MPs must give the notice before 10 am to the Speaker/ Chairman on the day of the sitting. The notice must state the subject they wish to raise in the House. However, Speaker, Lok Sabha / Chairman, Rajya Sabha may allow or decline a Member to raise a matter of importance.
‘Zero Hour’ is not mentioned in the Rules of Procedure. Thus, it is an informal device available to MPs to raise matters without any notice 10 days in advance. This is because, generally, the matters are of public importance and such matters cannot wait for 10 days.
Zero Hour introduced in Parliamentary Affairs in India:
- Zero Hour is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962.
- During the sixties, members of parliament used to raise many pressing issues of national and global import after Question Hour.
- On such an occasion, a member raised an issue about announcements of policy made by ministers outside the parliament when parliament was in session.
- This act caused an idea among other members who called for another provision for discussing important matters in the House.
- Rabi Ray, the ninth Speaker of the Lok Sabha introduced certain changes in the proceedings of the House to create more opportunities for the members to raise matters of urgent public importance.
- He proposed a mechanism to regulate the proceedings during the ‘Zero Hour’, raise matters in a more orderly manner and optimize the time of the House.
- For the Rajya Sabha, the day starts with the Zero Hour and not the Question Hour as it is for the Lok Sabha.
Questions are of three kinds:-
i. Starred Questions- These are answered orally on the floor of the House and with reference to the answer given, members are entitled to ask supplementary questions. These will be intelligently anticipated while preparing – ‘Note for Supplementaries’ for the use of the Minister.
ii. Unstarred Questions- These call for written answers which are placed on the Table of the House and no supplementaries are asked in respect of such answers. Answers to them are deemed laid on the Table of the House.
iii. Short Notice Questions- These may be only admitted with written consent by the Minister urgent in regard to matters of public importance notice shorter than ten clear days for the Speaker and five for the Minister and answered orally as starred questions. It is within the discretion of the Minister either to accept or not to accept a short notice question. If the Minister declines to accept short notice of a Question, and the Question is of sufficient public importance, that question may be admitted by the Speaker as Starred Question and placed as the first Question in the list of Starred Questions for the day on which it would otherwise become due for answer. If a short notice question is answered a calling attention may be pre-empted on the matter. Not less than 10 clear days’ notice of a question is ordinarily required to be given by a member to the Secretary General, Lok Sabha/Rajya Sabha who gives at least five clear day’s notice to the Minister to whom the question is addressed. In practice, however, in order to give the concerned Department as much time as possible for preparation of an answer, an advance copy of the Question in the provisionally admitted form is forwarded to that Department by the Lok Sabha/ Rajya Sabha Secretariat. On receipt of the provisionally admitted version of the question from the Parliament Unit of the Ministry/Department, the concerned Section will examine it immediately and take the following action:- i. If a question is wrongly addressed to a Minister, the Ministry/Department to whom an advance copy has been sent should immediately contact the Department concerned and obtain its concurrence to the transfer of the question. If the Department concerned declines to accept the transfer, the question may be answered under compulsion but thereafter the matter may be pursued with the concerned Department requesting it to accept future questions on the subject. (The matter of transfer of the question may be taken up at such a level as the case may warrant so as to resolve the issue without any delay or noting). ii. If it pertains to some other section, it will not be returned to the Parliament Unit but its transfer to the appropriate section will be settled either at the level of the Section Officer or Branch Officer. If this should fail, the assistance of the O&M Officer or other higher officer will be sought to resolve the issue without delay or noting. iii. It should be examined whether the question is admissible for answer in terms of provisions regarding “Conditions of admissibility” and the position intimated to the Question Branch of Secretariat of the House concerned stating that the parts so-and- so of the questions falls within the mischief of rule so-and-so which facts may be taken into consideration while deciding admissibility of the question.
Cut Motions- A Motion may be moved to reduce the amount of a demand in any of the following ways:-
Three types of cut motions used in the parliament by the members of Lok Sabha for financial bill presented by government of India. The financial bills or demands of grant presented by the government of India can be accepted or denied by the members of Lok Sabha using these 3 cut motions:
1) disapproval of policy cut - For example if the demand is for 100,000 the policy cut is one rupee...means 99,999 is passed by Lok Sabha members. The demand is reduced to one rupee that means for 100,000-99,999= 1 rupee is only passed to exhibit disapproval of opposition party to the government of India over the demand presented.
2) economic cut - The economic cut is for deduction of any amount say 70,000 i.e. 100,000-70,000=30,000 is only passed.
3) token cut - Token cut is 100 rupees i.e. 100,000-100=99, 900.
a) ‘That the amount of the demand by reduced to Rs.1/-‘ as representing disapproval of the policy underlying the demand. Such a motion shall be known as “Disapproval of Policy Cut”. A Member giving notice of such a motion shall indicate in precise terms the particulars of the policy which he proposes to discuss. The discussion shall be confined to the specific point or points mentioned in the notice and it shall be open to Members to advocate an alternative policy.
b) ‘That the amount of the demand be reduced by a specified amount’ representing the economy that can be effected. Such specified amount may be either a lump sum reduction in the demand or omission or reduction of an item in the demand. Such a motion is known as “Economy Cut”. The notice shall indicate briefly and precisely the particular matter on which discussion is sought to be raised and speeches shall be confined to the discussion as to how economy can be affected.
c) ‘That the amount of the demand be reduced by Rs.100/-‘ in order to ventilate a specific grievance, which is with in the sphere of responsibility of the Government of India. Such a motion is known as “Token Cut” and the discussion thereon shall be confined to the particular grievance specified in the motion. The period of notice of a cut motion is one day before the day on which the demand to which it relates is due for consideration, but the Speaker of Lok Sabha is empowered to waive an objection on the score of insufficient notice. Immediately on receipt of a notice of cut Motion a comprehensive brief is required to be prepared and sent to the Parliament Assistant for placing it on the pad of the Minister.
Cut motions are motions in the hands of opposition party.
PARLIAMENTARY PROCEDURE:-
Parliamentary Control over Executive: - The Constitution of India derives its authority from the people and fully recognizes the sovereignty of the people in the administration of the country. This sovereignty is exercised through Parliament elected on adult franchise, with a responsible Cabinet as its executive instrument. Parliament, representing the people, is supreme in the administration of the country. The Council of Ministers is collectively responsible to the Lower House of Parliament for its acts of omission and commission. Parliament can force the Executive to resign by expressing want of confidence or by rejecting any of the policies put forward by the Executive. Parliament’s control over the Executive can broadly be described under the following two heads:-
1. Control over general policy, and
2. Control over public finances.
(1) Control over general policy is exercised through the endorsement or rejection of the policies initiated by the Executive and by moving resolutions, motions including no confidence motions, etc.
(2) Control over public finances.- It is the responsibility of the Executive to formulate demands for money and to initiate necessary fiscal measures to finance its plans and policy, while it is the prerogative of the legislature to exercise control over
(a) taxation, (b)expenditure, (c) borrowing, and (d) accounts.
Besides this omissions and commissions in the implementation of the policies are also highlighted through the Questions and other items of agenda.
Parliament (i) The two Houses.- The supreme legislature of the Union is the Parliament consisting of the President and the two Houses –the Rajya Sabha or the Council of States and the Lok Sabha or the House of the People. Each House is assisted by the respective Secretariat. The President shall from time to time summon each House of Parliament to meet at such times and place as he thinks fit. At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year, the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. The President is constitutionally bound to summon Parliament without allowing an intervention of a period of six months between two consecutive sessions, i.e. between its last sitting in one session and the date appointed for its first sitting in the next session. Normally there are three sessions in a year the first one commences in the mid-February which is the budget session, the second, the autumn session starts in the mid-August, and the third in the mid-November and is known as the winter session.
(ii) Time and duration of sittings.- The Houses normally sit everyday, except on Saturdays and Sundays. The Rajya Sabha sits from 11 A.M. to 5 P.M. The Lok Sabha sits from 11 A.M. to 6.00 P.M. The Rajya Sabha observes a recess of an hour and a half from 1 P.M. to 2.30 P.M. but in the Lok Sabha the recess is of an hour from 1.00 P.M. to 2.00P.M. The Houses can also sit exceptionally on other days and at other times.
(iii) Quorum- It means the minimum number of members required to be present at a sitting of the House for valid transaction of its business. The quorum to constitute a meeting of either House of Parliament is one-tenth of the total number of members of the House. This includes the Speaker/Chairman or the Presiding Officer for the time being.
(iv) Some other important Parliamentary terms.
(a) Adjournment, Prorogation and Dissolution – Adjournment of the House means postponement of a sitting of the House to an hour or part of the same day or to a particular day or sine-die, i.e. without any definite date being fixed for the next sitting. After the House is adjourned sine-die, a sitting of the House can be called by the Speaker. On adjournment of the House sine-die, the business pending before the House does not lapse. Prorogation means the termination of a session of the House – On prorogation of the House, all business pending before the House, except what is saved by Article 107(3) of the Constitution and Rules 284, 335 and 336 of the Rules of Procedure and Conduct of Business in Lok Sabha, lapses. After the House is prorogued, no sitting of the House can be called unless he President summons the House afresh under Art. 85(1) of the Constitution which really means a new session. The House is adjourned by the Speaker whereas it is prorogued by the President. Adjournment also may be a motion in the Lok Sabha where the on-going business is adjourned or kept in abeyance in order to take up a definite matter of urgent importance like a disaster or havoc like tragic losses of life or property etc. The President has power to promulgate Ordinances when the House is prorogued but not when the House is adjourned. During adjournments also the House is in session. 59 Dissolution of the House means the end of the life of the Lok Sabha either by an order made by the President under Article 85(2) (b) of the Constitution or on the expiration of the period of five years from the date appointed for its first meeting. It is followed by the election of a new House. The Upper House is not dissolved but as nearly as possible one-third of its Members retire every Second year.
(b) Appropriation Act – When all the grants necessary for service of the year have been voted, the expenditure of each grant upon the service for which the grant is made is secured by the Appropriation Act.
(c) Bills – A Bill is a draft of legislative proposals, and can be introduced either by a Minister or by a private member. In the former case, it is known as a Government Bill and the latter, is known as a Private Member’s Bill.
(d) Bulletin – It is the Bulletin of the House concerned containing a brief record of the proceedings of the House at each of its sitting, information relating to the business of the House and that relating to Parliamentary Committees.
(e) Closure – The right to move a closure motion is a valuable device in the hands of a member to cut short the debate on any question. In order to bring a debate to a close, a member rises and moves “That the question be now put”. The acceptance of closure rests with the discretion of the Chair. Before he accepts it, he considers whether the question before the House has received adequate debate or not, whether or not the views of the Opposition have been adequately expressed before the House. The practice of resorting to Closure Motion went practically out of use with the introduction of the Business Advisory Committee in 1953 and is resorted to rarely. A Closure Motion cannot be moved when another Member is speaking. It should not be applied as an abuse of the Rules or an infringement of the right of reasonable debate.
(f) Guillotine – Guillotine is a different form of closure. It is provided under Rule 208(2) of the Lok Sabha Rules of Procedure. It means the putting by the Speaker of `every question necessary to dispose of all the outstanding matters in connection with the demands for grants` on the expiry of the time allotted for its discussion or otherwise. The chair puts the question, no further discussion thereon being allowed. Unlike closure, the guillotine to be applied is not preceded by any motion. Under the rules of the House, guillotine, technically speaking, applies only to the budget demands, Appropriation Bill and Finance Bill. In the year 1998-99 the demands for grants of all the Ministries/ Departments except those of the Ministry of Agriculture were guillotined. In 1999-2000 even those of the Ministry of Agriculture were not discussed and voted but were guillotined.
(g) Point of order: It is a question raised relating to the rules by a Private Member before an item of business is over or yet to be taken up. The Speaker may hear different sections of the House before giving a ruling on it.
(h) Session – The term Session means the period during which Parliament sits without any intermission or recess. Unless Parliament be prorogued, the session is not closed. The effect the termination of a session there must be a prorogation of the House(s) of Parliament.
(i) Sitting of the House – A sitting of the House is duly constituted when it is presided over by the Speaker/Chairman or any other member competent to preside over a sitting of the House under the Constitution or the Rules of Procedure and Conduct of Business of Lok Sabha/ Rajya Sabha and has quorum.
(j) Special Mentions – After an item of business is over and before another is entered upon Members may with the permission of the chair raise matters not listed in the agenda paper. Written replies are sent to the Member within a month since when the matter was raised.
(k) Table of the House – The oval Table is just below and in front of the desk of the Secretary General below the Speaker’s Podium. Papers which are required to be laid on the Table of the House are already placed on this Table. At the appropriate time, when called by the Speaker, the Minister-in-charge goes on record by mentioning that he lays such documents on the Table of the House. During sitting of the House, the Roll of Members is always kept on this Table for signature before taking their seats. Senior Officers of various Branches of the Secretariat of respective House are seated around the Table.
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