Parliament Notes

PARLIAMENT NOTES

Quorum to constitute a sitting of the House is one‐tenth of the total number of members of the

House under article 100(3)

Qualifications: to become a member of the Lok Sabha, a person should be a citizen of India, not

less than 25 years of age and possess such other qualifications as may be prescribed by or under

any law made by Parliament [Art. 84]

Deadlock between the two Houses: In the case of Bills other than Money Bills and Constitution

Amendment Bills, a disagreement between the two Houses may arise when a Bill passed by one

House is rejected by the other House; or the Houses have finally disagreed as to the amendments

to be made in the Bill; or more than six months have elapsed from the date of receipt of the Bill

by the other House without the Bill being passed by it.

• "Adjournment" is a postponement of the sitting or proceedings of the House from one time

to another specified for the reassembling of the House. During the course of a Session, the

Lok Sabha may be adjourned from day to day or for more than a day. It may also be

adjourned sine die which means the termination of a sitting of the House without any

definite date being fixed for its next sitting.

• "Prorogation" means the termination of a Session of the House by an order made by the

President under article 85(2)(a) of the Constitution. The Prorogation of the House may take

place any time, even while the House is sitting. However, usually, prorogation follows the

adjournment of the sitting of the House sine die.

• "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. Dissolution puts an end to

the representative character of the individuals who at the time compose the Lok Sabha.

On adjournment of the Lok Sabha or its adjournment sine die, the pending business does not

lapse. Bills pending before either House or Select/Joint Committee, Motions, Resolutions, and

amendments which have already been moved and pending in the House, and business pending

before a Parliamentary Committee do not lapse on prorogation whereas all business pending

before the House or any of its Committee lapse on dissolution. Prorogation terminates a Session

and does not constitute an interruption in the continuity of life of the Lok Sabha which is brought

to an end only by dissolution.

GS Notes Parliament of India

(c) Divya Mittal , Not to be used for any commercial purpose 1

What are the methods of voting in the Lok Sabha?

The procedure regarding Voting and Divisions in the House is governed by article 100(1) of the

Constitution and Rules 367, 367A, 367AA and 367B of the Rules of Procedure and Conduct of

Business in Lok Sabha. The various methods adopted for voting in the Lok Sabha are:

(i) Voice Vote: It is a simple method for deciding a question put by the Chair on a motion

made by a member. Under this method, the question before the House is determined

by the Àyes' or the `Noes', as the case may be.

(ii) Division: There are three methods of holding a Division, i.e. (a) by operating the

Automatic Vote Recording Equipment; (b) by distributing Àyes' and `Noes' slips in the

House; and (c) by members going into the Lobbies

(iii) Secret Ballot: During an 'open' voting period, the individual results are shown by the

three characters 'A', 'N' and 'O' on the Individual Result Display Panel. Secret voting, if

any, is on similar lines

(iv) Recording of votes by distribution of slips: The method of recording of votes by members

on Àye' and `No' slips is generally resorted to in the eventuality of (i) sudden failure of

the working of the Automatic Vote Recording Equipment; and (ii) at the commencement

of the new Lok Sabha, before the seats/division numbers have been allotted to members.

(v) Physical count of Members in their places instead of a formal division: If in the opinion of

the Chair, a Division is unnecessarily claimed, he/she may ask the members who are for

Àye' and those for `No', respectively, to rise in their places and on a count being taken,

he/she may declare the determination of the House. In such a case, the particulars of

voting of the members are not recorded.

(vi) Casting Vote: If in a Division the number of Àyes' and `Noes' is equal, the question is

decided by the casting vote of the Chair. Under the Constitution, the Speaker or the

person acting as such cannot vote in a Division; he/she has only a casting vote which

he/she must exercise in the case of equality of votes.

Question Hour: Rule 32 of the “Rules of Procedure and conduct of Business in Lok Sabha”

provides that unless the Speaker otherwise desires the first hour of every sitting of the House

shall be available for the asking and answering of Questions. Thus, it is taken up from 1100 hrs to

1200 hrs in every sitting.



Different types of Questions

Starred: A member who desires an oral answer to his question is required to distinguish it by

an asterix. Maximum 20 Questions are included in the list of Starred Questions for a

particular day. This is printed on green paper. Minimum of 15 clear days notice is required for

tabling Starred Questions. The Questions not orally answered in the Starred list of questions

are treated as a Unstarred Questions and their replies are laid on the Table of the House.

Unstarred: These do not carry the asterix mark and are meant for obtaining written reply.

Not more than 230 Questions can be placed on the Unstarred list for a particular sitting. This

list is printed on white paper. Minimum of 15 clear days notice is required for tabling

Unstarred Questions. Written answers given by the Ministers are deemed to have been laid

on the Table of the House at end of Question Hour.

Short Notice Question: Question can also be asked on a matter of urgent public importance

at a notice of less than the period specified for ordinary Question. The list of admitted SNQ is

printed on a pink paper. The procedure of SNQ is regulated by Rule 54 and the basic test for

its admissibility is the urgency of matter. SNQ is asked and answered soon after the Question

Hour.

Question to Private Members: A Question may also be addressed to a Private Member under

Rule 40 of the Rules of Procedure and Conduct of Business in Lok Sabha, which provides that

the subject matter of the question should be related to some Bill, Resolution or other matter

connected with the Business of the House for which that member is responsible. For

instance, the Questions which relates to matters under the purview of Parliamentary

Committees can be addressed to respective Chairman. Similarly, Members piloting Private

Members Bills and Resolutions can be addressed questions, which are within cognizance of

them under this provision. The procedure in regard to such questions is the same as that

followed in the case of questions addressed to a Minister with such variations as the Speaker

may consider necessary.

Half‐an‐Hour Discussion: Another instrument available to the members of Lok Sabha for raising

issue of public importance is the Half‐an‐Hour Discussion. Under this, a Member may raise

discussion on a matter of sufficient public importance which has been the subject of a recent

question, Starred, Unstarred or Short Notice Question and the answer to which needs further

elucidation on a matter of fact.

Parliamentary Forums have been constituted with the objective of equipping members with

information and knowledge on specific issues of national concern and in assisting them to adopt



a result‐oriented approach towards related issues. These Forums provide an opportunity to

members to come together and discuss a particular issue and its wider ramifications.

1. 1ST ‐ Water Conservation and Management was constituted in 2005.

2. Parliamentary Forum on Youth

3. Children

4. Population and Public Health

5. Global Warming and Climate Change

6. Disaster Management

Steps involved in the passage of a Bill

• A Bill while being considered has to undergo three stages in each House of Parliament. The

first stage consists of the introduction of the Bill which is done on a motion moved by either a

Minister or a member.

• During the second stage, any of the following motions can be moved: that the Bill be taken

into consideration; that it be referred to a Select Committee of the House; that it be referred

to a Joint Committee of the two Houses; or that it be circulated for the purpose of eliciting

opinion thereon. Thereafter, the Bill is taken up for clause‐by‐clause consideration as

introduced or as reported by the Select/Joint Committee.

• The third stage is confined to the discussion on the motion that the Bill be passed and the Bill

is passed/rejected either by voting or voice vote (or returned to the Lok Sabha by the Rajya

Sabha in the case of a Money Bill).

Calling Attention Motion

• Under this procedural device, a member may, with the prior permission of the Speaker, call

the attention of a Minister to any matter of urgent public importance and the Minister may

make a brief statement or ask for time to make a statement later.

• There can be no debate on such a statement at the time it is made. But, brief clarifications

can be sought from the Minister by the member who has initiated the Calling Attention and

other members who are called by the Speaker.

• Only those matters which are primarily the concern of the Union Government can be raised

through a Calling Attention notice.

• The Calling Attention procedure is an Indian innovation which combines asking a question

with supplementaries and making brief comments; the Government also gets adequate

opportunity to state its case.



• The Calling Attention matter is not subject to the vote of the House.

MOTION

`Motion' in parliamentary parlance means any formal proposal made to the House by a member

for the purpose of eliciting a decision of the House. It is phrased in such a way that, if adopted, it

will purport to express the judgement or will of the House. Any matter of importance can be the

subject matter of a motion. The mover of a motion frames it in a form in which he/she wishes it

ultimately to be passed by the House and on which a vote of the House can conveniently be

taken.

3 broad categories: substantive motions, substitute motions and subsidiary motions.

1. A substantive motion is a self‐contained, independent proposal made in reference to a

subject which the mover wishes to bring forward. All Resolutions, Motions for election of

the Speaker and Deputy Speaker, and Motion of Thanks on the Address by the President, etc.

are examples of substantive motions.

2. A substitute motion, as its name suggests, is moved in substitution of the original motion for

taking into consideration a policy or situation or statement or any other matter.

Amendments to substitute motions are not permissible.

3. Subsidiary motions depend upon or relate to other motions or follow up on some

proceedings in the House. By itself, it has no meaning and is not capable of stating the

decision of the House without reference to the original motion or the proceedings of the

House.

Adjournment Motion is the procedure for adjournment of the business of the House for the

purpose of discussing a definite matter of urgent public importance, which can be moved with

the consent of the Speaker.

• The Adjournment Motion, if admitted, leads to setting aside of the normal business of the

House for discussing the matter mentioned in the motion.

• To be in order, an adjournment motion must raise a matter of sufficient public importance to

warrant interruption of normal business of the House and the question of public importance

is decided on merit in each individual case.

• The purpose of an Adjournment Motion is to take the Government to task for a recent act of

omission or commission having serious consequences.

• Its adoption is regarded as a sort of censure of the Government.



Motion of No‐confidence

• The Government must always enjoy majority support in the popular House to remain in

power. If need be, it has to demonstrate its strength on the floor of the House by moving a

Motion of Confidence and winning the confidence of the House.

• In view of the express constitutional provision regarding collective responsibility of the

Council of Ministers to the Lok Sabha, a motion expressing want of confidence in an

individual Minister is out of order; under the Rules, only a motion expressing want of

confidence in the Council of Ministers as a body is admissible.

• A Motion of No‐confidence need not set out any grounds on which it is based.

• Even when grounds are mentioned in the notice and read out in the House, they do not form

part of the No‐confidence Motion.

No‐Day‐Yet‐Named Motion: If the Speaker admits notice of a motion and no date is fixed for its

discussion, it is called a "No‐Day‐yet‐Named Motion" and a copy of the admitted motion is

forwarded to the Minister concerned with the subject matter of the motion.

Discussion under Rule 193

• does not involve a formal motion before the House. Hence no voting can take place after

discussion on matters under this rule.

• The member who gives notice may make a short statement and such of the members as have

previously intimated to the Speaker, may be permitted to take part in the discussion. The

member who raises the discussion has no right of reply.

• At the end of the discussion, the Minister concerned gives a brief reply.

Short Duration Discussion: In order to provide opportunities to members to discuss matters of

urgent public importance, a convention was established. Under this Rule, members can raise

discussion for short durations without a formal motion or vote thereon.

Matters under Rule 377: Matters, which are not points of order can be raised by way of Special

Mentions under Rule 377. This procedural device, framed in 1954, provides opportunity to the

members to raise matters of general public interest. At present, the number of matters that can

be raised by members under Rule 377 on a single day is 20.

"Zero Hour" : The time immediately following the Question Hour and laying of papers and

before any listed business is taken up in the House has come to be popularly known as the `Zero



Hour'. For raising matters members give notice before 10 a.m. everyday to the Speaker stating

clearly the subject which they consider to be important and wish to raise

Resolution

A Resolution is a formal expression of the sense, will or action of the Legislative Body.

Resolutions may be broadly divided into three categories:

• Resolutions which are expression of opinion by the House since the purpose of such a

Resolution is merely to obtain an expression of opinion of the House, the Government is not

bound to give effect to the opinions expressed in these Resolutions.

• Resolutions which have statutory effect the notice of a Statutory Resolution is given in

pursuance of a provision in the Constitution or an Act of Parliament. Such a Resolution, if

adopted, is binding on the Government and has the force of law.

• Resolutions which the House passes in the matter of control over its own proceedings. It

has the force of law and its validity cannot be challenged in any court of law. The House, by

such a Resolution, evolves, sometimes, its own procedure to meet a situation not specifically

provided for in the Rules.

Point of Order

• relates to the interpretation or enforcement of the Rules of Procedure and Conduct of

Business in the House or convention or such articles of the Constitution as regulate the

business of the House and raises a question which is within the cognizance of the Speaker.

• A Point of Order may be raised only in relation to the business before the House at the

moment, provided that the Speaker may permit a member to raise a Point of Order during

the interval between the termination of one item of business and the commencement of

another if it relates to maintenance of order in, or arrangement of business before, the

House.

• A member may formulate a Point of Order and the Speaker shall decide whether the point

raised is a Point of Order and if so give his/her decision thereon, which is final.

Parliamentary privileges

• The term `parliamentary privilege' refers to certain rights and immunities enjoyed by each

House of Parliament and Committees of each House collectively, and by members of each

House individually, without which they cannot discharge their functions efficiently and

effectively.



• Objective: to safeguard the freedom, the authority and the dignity of Parliament. The

powers, privileges and immunities of either House of Parliament and of its Committees and

members have been laid down in article 105 of the Constitution.

• The House has the power to punish any person who commits a contempt of the House or a

breach of any of its privileges.

• Codification: No law has so far been enacted by Parliament in pursuance of article 105(3) of

the Constitution to define the powers, privileges and immunities available to each House and

its members and the Committees thereof. In the absence of any such law, the powers,

privileges and immunities of the Houses of Parliament, and of the members and the

Committees thereof, shall be those of that House and of its members and Committees

immediately before the coming into force of section 15 of the Constitution (Forty‐fourth

Amendment) Act, 1978.

Difference between breach of privilege and contempt of the House?

When any of the privileges, either of the members individually or of the House in its collective

capacity, is disregarded or attacked by any individual or authority, the offence is called a `breach

of privilege'.

Contempt of the House may be defined generally as any act or omission which obstructs or

impedes either House of Parliament in the performance of its functions, or which obstructs or

impedes any member or officers of such House in the discharge of his or her duty, or which has a

tendency, directly or indirectly, to produce such results even though there is no precedent of the

offence. Whereas all breaches of privilege are contempts of the House whose privileges are

violated, a person may be guilty of a contempt of the House even though he does not violate any

of the privilege of the House, e.g. when he disobeys an order to attend a Committee or publishes

reflections on the character or conduct of a member in his capacity as a member.

Relation between the two Houses

• Under article 75(3) of the Constitution, the Council of Ministers is collectively responsible to

Lok Sabha which means Rajya Sabha cannot make or unmake the Government. It can,

however, exercise control over the Government and this function becomes quite prominent,

particularly when the Government does not enjoy majority in Rajya Sabha.

• To resolve a deadlock between the two Houses, in case of an ordinary legislation, the

Constitution provides for the joint sitting of both Houses. In fact, there have been three

occasions in the past when the Houses of Parliament had met in joint sitting to resolve

differences between them. Issues in joint sitting are decided by a majority of the total



number of members of both Houses present and voting. The joint sitting is held in the Central

Hall of Parliament House presided over by the Speaker, Lok Sabha. However, in the case of a

Money Bill, there is no provision in the Constitution for a joint sitting of both Houses as Lok

Sabha clearly enjoys pre‐eminence over Rajya Sabha in financial matters. As regards a

Constitution amendment Bill, it has been provided in the Constitution that such a Bill has to

be passed by the specific majority, as prescribed under article 368 of the Constitution, by

both Houses. There is, therefore, no provision for resolving a deadlock between the two

Houses in regard to a Constitution amendment Bill.

• Ministers may belong to either House of Parliament. The Constitution does not make any

distinction between the Houses in this regard. Every Minister has the right to speak and take

part in the proceedings of either House but he is entitled to vote only in the House of which

he is a member.

• Similarly, with regard to powers, privileges and immunities of the Houses of Parliament, their

members and committees thereof, the two Houses are placed absolutely on equal footing by

the Constitution.

• Other important matters in respect of which both Houses enjoy equal powers are election

and impeachment of the President, election of the Vice‐President, approving the

Proclamation of Emergency, the proclamation regarding failure of constitutional machinery in

States and financial emergency. In respect of receiving reports and papers from various

statutory authorities, etc., both Houses have equal powers.

• It is thus clear that except in the case of collective responsibility of the Council of Ministers

and certain financial matters, which fall in the domain of Lok Sabha only, both Houses enjoy

equal powers.

Special Powers of Rajya Sabha

• Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution.

All the subjects/areas regarding legislation have been divided into three Lists ‐ Union List,

State List and concurrent List. Union and State Lists are mutually exclusive ‐ one cannot

legislate on a matter placed in the sphere of the other. However, if Rajya Sabha passes a

resolution by a majority of not less than two‐thirds of members present and voting saying

that it is “necessary or expedient in the national interest” that Parliament should make a law

on a matter enumerated in the State List, Parliament becomes empowered to make a law on

the subject specified in the resolution, for the whole or any part of the territory of India.

Such a resolution remains in force for a maximum period of one year but this period can be

extended by one year at a time by passing a similar resolution further.



• If Rajya Sabha passes a resolution by a majority of not less than two‐thirds of the members

present and voting declaring that it is necessary or expedient in the national interest to

create one or more All India Services common to the Union and the States, Parliament

becomes empowered to create by law such services.

• Under the Constitution, the President is empowered to issue Proclamations in the event of

national emergency, in the event of failure of constitutional machinery in a State, or in the

case of financial emergency. Every such proclamation has to be approved by both Houses of

Parliament within a stipulated period. Under certain circumstances, however, Rajya Sabha

enjoys special powers in this regard. If a Proclamation is issued at a time when Lok Sabha has

been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its

approval, then the proclamation remains effective, if the resolution approving it is passed by

Rajya Sabha within the period specified in the Constitution under articles 352, 356 and 360.

Rajya Sabha in Financial Matters

• A Money Bill can be introduced only in Lok Sabha. After it is passed by that House, it is

transmitted to Rajya Sabha for its concurrence or recommendation. The power of Rajya

Sabha in respect of such a Bill is limited. Rajya Sabha has to return such a Bill to Lok Sabha

within a period of fourteen days from its receipt. If it is not returned to Lok Sabha within that

time, the Bill is deemed to have been passed by both Houses at the expiration of the said

period in the form in which it was passed by Lok Sabha. Again, Rajya Sabha cannot amend a

Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject

all or any of the recommendations made by Rajya Sabha.

• Apart from a Money Bill, certain other categories of Financial Bills also cannot be introduced

in Rajya Sabha. There are, however, some other types of Financial Bills on which there is no

limitation on the powers of the Rajya Sabha. These Bills may be initiated in either House and

Rajya Sabha has powers to reject or amend such Financial Bills like any other Bill. Of course,

such Bills cannot be passed by either House of Parliament unless the President has

recommended to that House the consideration thereof.

• From all this, however, it does not follow that Rajya Sabha has nothing to do in matters

relating to finance. The Budget of the Government of India is laid every year before Rajya

Sabha also and its members discuss it. Though Rajya Sabha does not vote on Demands for

Grants of various Ministries ‐ a matter exclusively reserved for Lok Sabha ‐ no money,

however, can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill

has been passed by both the Houses. Similarly, the Finance Bill is also brought before Rajya

Sabha. Besides, the Department‐related Parliamentary Standing Committees that examine



the annual Demands for Grants of the Ministries/Departments are joint committees having

ten members from Rajya Sabha.

Allocation of Seats

The Fourth Schedule to the Constitution provides for allocation of seats to the States and Union

Territories in Rajya Sabha. The allocation of seats is made on the basis of the population of each

State. Consequent on the reorganization of States and formation of new States, the number of

elected seats in the Rajya Sabha allotted to States and Union Territories has changed from time

to time since 1952.

Eligibility

Qualifications

Article 84 of the Constitution lays down the qualifications for membership of Parliament. A

person to be qualified for the membership of the Rajya Sabha should posses the following

qualifications:

1. he must be a citizen of India and make and subscribe before some person authorized in that

behalf by the Election Commission an oath or affirmation according to the form set out for

the purpose in the Third Schedule to the Constitution;

2. he must be not less than 30 years of age;

3. he must possess such other qualifications as may be prescribed in that behalf by or under any

law made by Parliament.

Disqualifications

Article 102 of the Constitution lays down that a person shall be disqualified for being chosen as,

and for being, a member of either House of Parliament –

1. if he holds any office of profit under the Government of India or the Government of any

State, other than an office declared by Parliament by law not to disqualify its holder;

2. if he is of unsound mind and stands so declared by a competent court;

3. if he is an undischarged insolvent;

4. if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is

under any acknowledgement of allegiance or adherence to a foreign State;

5. if he is so disqualified by or under any law made by Parliament.



Explanation‐ For the purpose of this clause a person shall not be deemed to hold an office of

profit under the Government of India or the Government of any State by reason only that he is a

Minister either for the Union or for such State.

• Besides, the Tenth Schedule to Constitution provides for disqualification of the members on

ground of defection. As per the provisions of the Tenth Schedule, a member may be

disqualified as a member, if he voluntarily gives up the membership of his political party; or if

he votes or abstains from voting in the House contrary to any direction issued by the political

party to which he belongs, unless such voting or abstention has been condoned by the

political party within fifteen days. A member elected as an independent candidate shall be

disqualified if he joins any political party after his election.

• A member nominated to the House by the President, however, is allowed to join a political

party if he/she does so within the first six months of taking seat in the House.

• A member shall not be disqualified on this account, if he voluntarily leaves the membership

of his political party after he is elected Deputy Chairman, Rajya Sabha.

History

Extensive debate took place in the Constituent Assembly regarding the utility or otherwise of a

Second Chamber in Independent India and ultimately, it was decided to have a bicameral

legislature for independent India mainly because a federal system was considered to be most

feasible form of Government for such a vast country with immense diversities. A single directly

elected House, in fact, was considered inadequate to meet the challenges before free India. A

second chamber known as the ‘Council of States’, therefore, was created with altogether

different composition and method of election from that of the directly elected House of the

People. It was conceived as another Chamber, with smaller membership than the Lok Sabha

(House of the People). It was meant to be the federal chamber i.e., a House elected by the

elected members of Assemblies of the States and two Union Territories in which States were not

given equal representation. Apart from the elected members, provision was also made for the

nomination of twelve members to the House by the President. The minimum age of thirty years

was fixed for membership as against twenty‐five years for the Lower House. The element of

dignity and prestige was added to the Council of State House by making the Vice‐President of

India ex‐officio Chairman of the Rajya Sabha who presides over its sittings.



COMMITTEES OF RAJYA SABHA

Introduction

Parliamentary Committees play a vital role in the Parliamentary System. They are a vibrant link

between the Parliament, the Executive and the general public. The need for Committees arises

out of two factors, the first one being the need for vigilance on the part of the Legislature over

the actions of the Executive, while the second one is that the modern Legislature these days is

over‐burdened with heavy volume of work with limited time at its disposal. It thus becomes

impossible that every matter should be thoroughly and systematically scrutinised and considered

on the floor of the House. If the work is to be done with reasonable care, naturally some

Parliamentary responsibility has to be entrusted to an agency in which the whole House has

confidence. Entrusting certain functions of the House to the Committees has, therefore, become

a normal practice. This has become all the more necessary as a Committee provides the expertise

on a matter which is referred to it. In a Committee, the matter is deliberated at length, views are

expressed freely, the matter is considered in depth, in a business‐like manner and in a calmer

atmosphere. In most of the Committees, public is directly or indirectly associated when

memoranda containing suggestions are received, on‐the‐spot studies are conducted and oral

evidence is taken which helps the Committees in arriving at the conclusions.

The Committees aid and assist the Legislature in discharging its duties and regulating its functions

effectively, expeditiously and efficiently. Through Committees, Parliament exercises its control

and influence over administration. Parliamentary Committees have a salutary effect on the

Executive. The Committees are not meant to weaken the administration, instead they prevent

misuse of power exercisable by the Executive. It may, however, be remembered that

Parliamentary control in the context of the functioning of the Committees may mean influence,

not direct control; advice, not command; criticism, not obstruction; scrutiny, not initiative; and

accountability, not prior approval. This, in brief, is the rationale of the Committee System. The

Committees have functioned in a non‐partisan manner and their deliberations and conclusions

have been objective. This, in a large measure, accounts for the respect in which the

recommendations of the Parliamentary Committees are held.

Types of Committees

Rajya Sabha possesses an organised system of Committees. Appointments, term of office,

functions and procedure for conducting business in these Committees are regulated under the

provisions of the Rules and directions given by the Chairman from time to time.



The Committees may be classified as Ad hoc Committees and Standing Committees.

• Ad hoc Committees are appointed from time to time to enquire into specific subjects.

• They are not named as such in the Rules of Procedure of Rajya Sabha but come into being on

a specific motion and become functus officio immediately after reporting to the House on

matters assigned to them.

• Ad hoc Committees are generally Select Committees and Joint Select Committees on Bills.

The second category of Committees, namely, Standing Committees may be divided in terms of

their functions under four broad heads:

1. Committees to enquire—

(a) Committee on Petitions;

(b) Committee of Privileges; and

(c) Ethics Committee.

2. Committees to scrutinise and control—

(a) Committee on Government Assurances;

(b) Committee on Subordinate Legislation; and

(c) Committee on Papers Laid on the Table.

3. Committees relating to day‐to‐day business of the House—

(a) Business Advisory Committee; and

(b) Rules Committee.

4. House Keeping Committees—

(a) House Committee;

(b) General Purposes Committee; and

(c) Committee on Provision of Computers to Members of Rajya Sabha.

There are some Financial Committees of Lok Sabha with which Members of Rajya Sabha are

associated. These are:

(a) Committee on Public Accounts; and

(b) Committee on Public Undertakings.

There are also Joint Parliamentary Committees on which members of both the Houses are

represented. These Committees are:



(a) Committee on the Welfare of Scheduled Castes and Scheduled Tribes;

(b) Committee on Offices of Profit;

(c) [Parliamentary Committee to review the rate of dividend payable by the Railway Undertaking

to the General Revenues] (Railway Convention Committee);

(d) Committee on Empowerment of Women

(e)Library Committee

(f) Committee on Food Management in Parliament House Complex

(g) Committee on Installation of Portraits/Statues of National Leaders and Parliamentarians in the

Parliament House Complex

(h) Committee on Security Matters in Parliament House Complex

The functions, etc. of each of these Committees are described below in brief:—

(1) Business Advisory Committee— This Committee recommends the time that should be

allocated for the discussion of the stage or stages of such Government Bills and other business as

the Chairman in consultation with the Leader of the House may direct for being referred to the

Committee. The Committee also recommends the time that should be allocated for the

discussion of stage or stages of private Members' Bills and Resolutions. It has the power to

indicate in the proposed time‐table the different hours at which the various stages of the Bill or

other business are to be completed.

(2) Committee on Papers Laid on the Table— The function of the Committee is to consider, after

a paper is laid before the Council by a Minister whether :‐

(a) there has been compliance with the provisions of the Constitution or an Act of

Parliament or any other law, rule or regulations in pursuance of which the paper has been so laid;

(b) there has been any unreasonable delay in laying the paper before the Council and if

so, whether a statement explaining the reasons for such delay has also been laid before the

Council along with the paper and whether those reasons are satisfactory; and

(c) the paper has been laid before the Council both in English and Hindi and if not,

whether a statement explaining the reasons for not laying the paper in Hindi has also been laid

before the Council along with the paper and whether those reasons are satisfactory.



(3) Committee on Petitions—The functions of the Committee are: (a) to examine every petition

referred to it, and if the petition complies with the rules, to direct that it be circulated

in extenso or in summary form, as the case may be; and (b) to report to the House on specific

complaints made in the petition after taking such evidence as it deems fit and to suggest

remedial measures, either in a concrete form applicable to the case under consideration or to

prevent recurrence of such case

(4) Committee of Privileges— The Committee examines every question of privilege referred to it

either by the House or by the Chairman and determines with reference to the facts of each case,

whether a breach of privilege is involved and, if so, the nature of the breach, the circumstances

leading to it and makes such recommendations as it deems fit. The Committee can also report to

the House the procedure that may be followed by the House in giving effect to the

recommendations made by the Committee.

(5) Committee on Rules—— The Committee considers matters of procedure and conduct of

business in Rajya Sabha and recommends any amendments or additions to the rules that may be

deemed necessary.

(6) Committee on Subordinate Legislation—— The functions of the Committee are to scrutinise

and report to Rajya Sabha whether the powers to make rules, regulations, bye‐laws, scheme or

other statutory instruments conferred by the Constitution or delegated by Parliament are being

properly exercised within such conferment or delegation, as the case may be.

The Committee examines such rule, regulation, bye‐law, scheme or other statutory instrument

framed in pursuance of the Constitution or the legislative functions delegated by Parliament to a

subordinate authority, irrespective of the fact whether it is required to be laid before the House

or not and, in particular, considers: (a) whether it is in accord with the general objects of the

Constitution, or the Act pursuant to which it is made; (b) whether it contains matter which in the

opinion of the Committee should more properly be dealt within an Act of Parliament; (c) whether

it contains imposition of any tax; (d) whether it directly or indirectly bars the jurisdiction of the

Courts; (e) whether it gives retrospective effect to any of the provisions in respect of which the

Constitution or the Act pursuant to which it is made does not expressly give any such power; (f)

whether it involves expenditure from the Consolidated Fund of India or the public revenues; (g)

whether it appears to make some unusual or unexpected use of the powers conferred by the

Constitution or the Act pursuant to which it is made; (h) whether there appears to have been



unjustifiable delay in its publication or in laying it before Parliament; and (i) whether for any

reason its form or purport calls for any elucidation.

The Committee examines Bills which seek to delegate powers to make rules, regulations, bye‐

laws, etc. or amend earlier Acts delegating such powers, with a view to seeing whether suitable

provisions for the laying of the rules, regulations, etc. before Parliament have been made therein.

The Committee also examines representations made to it in regard to rules, regulations, bye‐

laws, etc. made or required to be made under an Act.

(7) Committee on Government Assurances—— The functions of the Committee are: (a) to

scrutinise the assurances, promises, undertakings, etc. given by Ministers from time to time on

the floor of the House during Question Hour as also during discussion on Bills, Resolutions,

Motions, Calling Attention notices, etc.; and (b) to report to the House on the extent to which

such assurances, promises, undertakings, etc. have been fully or satisfactorily implemented, and

when implemented, whether such implementation has taken place within the minimum time

necessary for the purpose or whether there has been an inordinate delay in the implementation

of assurances and if so, the reasons therefor.

(8) General Purposes Committee—. The functions of the Committee are to consider and advise

on such matters concerning the affairs of the House as may be referred to it by the Chairman

from time to time.

(9) House Committee——The functions of the Committee are (i) to deal with all questions

relating to the allotment of residential accommodation to Members of Rajya Sabha

(10) Committee on Ethics——With the incorporation of rules relating to the Committee on Ethics

in the Rules of Procedure and Conduct of Business in the Council of States w.e.f. July 20, 2004,

the mandate of the Committee was widened to, apart from overseeing the moral and ethical

conduct of Members, preparing a Code of Conduct for Members and to suggest amendments or

additions therein from time to time in the form of reports to the Council; examining cases

concerning the alleged breach of Code of Conduct by Members as also cases concerning

allegations of any other ethical misconduct of Member; and tendering advice to Members from

time to time on questions involving ethical standards either suo‐motu or on receiving specific

requests. The Committee was also bestowed with the power to recommend imposition of

sanctions such as censure, reprimand, suspension from the Council for a specific period and any

other sanction for proven unethical behaviour or other misconduct and contravention of the

Code of Conduct / rules on the part of the Members. The Committee consists of 10 Members



and as per practice, the Leaders of top ten parties as per their numerical strength in the House

are generally nominated to be the members of the Committee and in case the Leaders happen to

be Ministers then the choice is extended to the Deputy Leaders of the parties. The Chairman is

appointed from amongst the Members of the Committee. The reports of the Committee are

presented to the House from time to time by the Chairman of the Committee or, in his absence,

by any other Member of the Committee authorized by the Committee.

(11) Committee on Provision of Computers to Members of Rajya Sabha—

(12) Committee on Members of Parliament Local Area Development Scheme——Since a large

number of complaints were being received from Members about non‐implementation of various

items of work under the Members of Parliament Local Area Development (MPLAD) Scheme, it

was felt that there should be some effective monitoring mechanism so that proper and quick

implementation of projects under MPLAD Scheme could be achieved. With this objective in view,

a ten‐member Committee was constituted in Rajya Sabha on the 5th September, 1998. The

Deputy Chairman of Rajya Sabha is the Chairman of this Committee.

Department‐related Parliamentary Standing Committees:‐

• The need to constitute some kind of subject Committees or the Department‐related

Parliamentary Standing Committees was being felt for the last several years. In 1989, in fact,

three Standing Committees were constituted which dealt with Agriculture, Science and

Technology and Environment and Forests.

• In 1993, it was finally decided to set up seventeen Department‐related Parliamentary

Standing Committees each consisting of 15 members of Rajya Sabha and 30 from Lok Sabha

to cover various Ministries/Departments of the Union Government in order to further

strengthen the accountability of the Government to Parliament.

• With the addition of seven more Committees in July 2004 albeit with reduced membership of

10 from Rajya Sabha and 21 from Lok Sabha, the number of Department‐related

Parliamentary Standing Committees was raised to 24 out of which 8 were placed within the

jurisdiction of the Chairman, Rajya Sabha and 16 within the jurisdiction of the Speaker, Lok

Sabha.



Documents

Parliament Notes