NOTES ON PARLIAMENTARY PROCEDUREDefinitions:-

1. Session :- Session is the period during which Parliament sits without any recess. The President is bound to summon Parliament without allowing an interval of more than 6 months between two sessions. In India there are three sessions in an year:-

1. Budget Session - February to May2. Monsoon Session - July to August 3. Winter Session - November to December

2. Quorum :- Minimum Members of House required at a sitting to make a transaction valid is called Quorum. 1/10th of the total number of Members including Speaker/Chairman or proceeding officer is the quorum for Lok Sabha/Rajya Sabha. In Committees the quorum is 1/3rd of the total Members.

3. Adjournment :- Adjournment means postponement of the sitting of the House to an hour, or part of the same day or to a particular day or sine-die. After adjournment sine-die, the sitting can be called by the Speaker. The business does not change due to adjournment.

4. Dissolution :- Dissolution ends the life of the House. General Elections should be held before the House meets again. Only Lok Sabha can be dissolved and Rajya Sabha is a permanent body, only President can dissolve:-

1. Bills pending in Rajya Sabha not passed by Lok Sabha lapse.2. Bills pending in Lok Sabha also lapse.3. A Bill passed by Lok Sabha and pending in Rajya Sabha also lapses,

unless it is saved by the President’s intention to call for a joint session under Art. 108.

5. Closure :- A motion to terminate the debate on any question is called closure. Its acceptance or otherwise is left to the Speaker who will decide the issue after considering the adequacy or otherwise of the discussion.

6. Guillotine :- This is a different form of closure, putting all outstanding demands for grants on hand to vote without any discussion at the expiry of time. Closure is preceded by motion, while for guillotine, there is no motion.

7. Resolution :- Resolution is the declaration of opinion of the House on the matter of general public importance. It may contain a recommendation, approval or disapproval of policy, command an action or convey a ruling or urge inaction. Normally, two days notice is required. This can be waived by Speaker.8. Zero Hour :- It is the time between end of question hour and start of scheduled business of the house. It is called Zero Hour because it is not a scheduled business. The L.S. and R.S. sits at 1100 hrs and the question hour ends at 1200 hrs. Since 12 hrs. is also 0000 hours we call this hour as Zero Hour. Zero Hour is a powerful weapon of control of executive by Legislature. Members are free to ask any question and raise any issue without any formal notice. On many occasions in the past, the zero hour used to swallow the entire day including other legislative business. On the recommendation of the conference of Speakers, Zero Hour is, by convention, restricted to a maximum of 30 minutes.

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9. Point or Order (Rule 376 of L.S.) :- It relates to the interpretation or enforcement of Rules of Business or provision of the Constitution and raise a question which is within the cognisance of the Speaker. It is raised with reference to the business on hand and raised during the transition from one business to another business. It cannot be used to seek information or to explain the position or on any hypothetical issue.

10. Statement under 377 in Lok Sabha and Special mention in Rajya Sabha Under Rule 377 a Member with the prior consent of the Speaker may bring to the notice of the House any matter not being a point of order or which cannot be raised under the Rules through questions, calling attention motion, adjournment motion or resolution. It should be of general public importance. No individual issue can be raised. The text of the Statement should not exceed 250 words. The issue should concern Union Government. Copy of the Statement and the notice should be given to the Speaker. Text should be approved by the Speaker. There would be no discussion. Ministers do not make any Statement. The Member will read the statement and will be included in the proceedings. Ten statements can be made on a day.11. Motion :- It is a formal proposal of the Member to the House to do something or order something to be done or express on opinion on a matter which is so phrased that if assented to it would express the will of the House. The motion is of three types:- 1. Substantive 2. Substitute 3. Subsidiary.

1. Substantive Motion:- SM is an independent and self-contained and capable of expressing a definite opinion for example all resolutions are substantive motions.

2. Substitute Motion :- This is moved in substitute of original motion suggesting to take into account a policy or situation. This is also independent and self-contained but depend upon the original motion.

3. Subsidiary Motion :- This depends on another mother or proceedings of the House or follow up of orders of the House. By itself it has no meaning unless supported by another motion. Subsidiary motion is of three kinds:-(1) Ancillary (2) superceding (3) Amendment.

1. Ancillary :- Ancillary Motion is a helping motion. example- that the Bill is passed.

2. Superceding :- Superceding Motion is independent and supercedes the issue. Example – that the House be adjourned.

3. Amendment :- Amendment Motion is an interpretation of a point between main question and main decision.

12. (Important) Dilatory Motion :- It is a motion moved with the intention of delaying the proceedings or delaying the decisions for example that the Bill be retransmitted to Joint Committee or that the Bill be re-circulated amongst the Members of public. It is an abuse of Rules and in such cases, the motion will be put to vote straightaway.

13. Cut Motion :- Cut motion is a motion moved for reduction of a specified amount from the votable head of the Demands for Grants of the department. There are 3 types of cut motions:-

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(1) Policy Cut (2) Economy Cut (3) Token Cut

(1) Policy Cut :- Under Policy Cut the demands for grants is sought to be reduced to Rupee one to represent the disapproval of policy underlying the demand. The motion is called policy cut motion and the member should indicate the precise details of the policy to be discussed and the alternate policy.

(2) Economy Cut:- Economy cut is to seek that the demand be reduced by specified amount or any one item of the demand. This represents the economy to be effected.

(3) Token Cut :- Token cut is to ventilate a specific grievance which is within the purview of the government, discussion is confined only to the grievance. In this case the demand is sought to be reduced by rupee 100/-

Conditions of admissibility :-

1. The motion should relate to only one demand.2. It should be confined to a specific matter.3. There should be no argument, no inference, no ironical expression, no

defamatory statement and no imputations.4. It should not relate to a trivial issue.5. No question of any privilege.6. The matter should concern union government.7. It should not relate to charged expenditure.8. There should be no suggestion to amend existing law.9. No revival of any discussion on any matter which was discussed in the same

session. There should be no subjudice matter.10. It should not relate to a matter which is pending with judicial, semi-judicial,

quasi-judicial authorities or court of inquiry.

14. No day yet named Motion:- A Member gives notice for moving a motion. The Speaker admits the motion no day is fixed for discussion of the Motion. Such a motion is notified in the Bulletin (Part-2) under the Heading “No day yet named motion.” The Speaker after considering the state of business and in consultation with the leader of the House or on the advice of business advisory committee allocate time for discussion of such a motion.

15. Secret Session (In camera Sitting) :- Secret session can be convened only in respect of Lok Sabha. Rajya Sabha has no provision for convening Secret Session. Speaker can convene the Secret Session on the request of the leader of the House. During secret session no stranger is allowed in the chamber of gallery or lobby. However, R.S. MPs can be permitted to sit in the galleries. No person so permitted by the Speaker can keep a note of the proceedings of the House or the decision thereof. The Speaker can issue such directions as deemed necessary. When the secrecy of the sitting is over, leader of the house or any other member authorised by him will move a motion ending the secrecy. On such a motion being adopted a report of the proceedings can be published. Disclosure of the contents of the secret proceedings is a gross violation of the privilege of the House.

16. (Important) Private Members Business :- Private Member is a Member other than a Member of Council of Minister. A Bill sponsored by a private member is called Private Member Bill or non-official Bill. A Bill sponsored by the

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Minister is called official Bill. Fridays are normally earmarked for private members business. In Lok Sabha it is scheduled for 2-1/2 hours on every Friday from 3.00 pm to 5.30 pm and in Rajya Sabha it is from 2.30 pm to 5.00 pm on all Fridays.

Restrictions on a Private Member to introduce a Bill :-

1. A private member deciding to move for leave to introduce a Bill should give notice of his intention with a copy of the Bill and statement of objects and reasons. This should be complete and self-contained and subject to rejection if incomplete.

2. Normal notice period is one month and can be waived by Speaker at his discretion.

3. In respect of a Bill which requires recommendation of the President, it should be obtained through the Minister and it should be enclosed. Similarly, the financial memorandum and explanatory note for delegated legislation should also be sent.

Role of Ministry:- 1. When a private member gives notice for the leave of the House to introduce the Bill, the secretariat sends a copy of the notice, copy of the Bill and statement of objects and reasons to the Ministry. The Ministry will examine the need for legislation and consult Ministry of Law with reference to the competence of the Parliament.

2. Taking into account the advice of Ministry of Law and the administrative need, the policy of the department will be decided by Minister in charge. After the decision, the Bill will be referred to the Cabinet Committee on Parliamentary and legal affairs.

3. By convention all private member bills are allowed to be introduced.

4. After introduction, it will be referred to Parliamentary Committee on Private Members Bills and resolutions for clarification and allocation of time. The Member in charge of the Bill, the representative of the administrative Ministry and the representative of the Administrative Ministry and the representative of Ministry of Law will appear before the Committee and explain the position. Based on the stand taken by the government, the bill will be considered and decided.

Whether the Constitution can be amended through private member Bill:-

Normally a Private Member cannot introduce a Constitutional Amendment Bill. If a Member gives notice, it should be referred to Parliamentary Committee on Private Members Bills and resolutions and after the receipt of the report, it can be allowed to be introduced.

17 Role of the Committee :- The Committee should treat the Constitution as a sacred document and should not be allowed to be treated lightly. Relevant provisions should be examined with reference to the actual working of the Constitution. Expert advice from the Constitutional experts and views of MPs and Members of Public should be taken into account. Amendment if far reaching consequences can be allowed to be introduced to get the feedback from the people.

Parliamentary Committee :- Departmentally related Parliamentary Standing Committees were in existence from 1989 onwards. There were

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committees on Agriculture, Science and Technology and Environment and Forests. For rest of the ministers no Standing Committee were constituted.

Lok Sabha is the watchdog of public finance. Without its approval not even a pie can be withdrawn from Consolidated Fund of India. The procedure to get approval of Lok Sabha for expenditure by the Ministries is by presenting Annual Financial Statement on the demands for grants of each department. There are around 45 departments. The Lok Sabha is expected to scrutinise each demands for grant of each Ministry and then pass the demands. However, due to paucity of time, it was not possible for Lok Sabha to examine the demands for grants of each department. As a result, the Lok Sabha used to scrutinise and discuss the demands for grants of 4-5 ministries against which the notices of cut motion would be entertained and discussed. The other outstanding demands which were not taken up for discussion would be put to guillotine and taken them as passed. To overcome this state of affairs, the departmentally related Parliamentary Standing Committees were established from march, 1993 onwards.

There are 17 outstanding Committees, each Committee having jurisdiction over 3-4 departments. Each Standing Committee has 45 Members (30 from Lok Sabha and 15 from Rajya Sabha) nominated by Speaker/Chairman, respectively. Minister cannot be a Member. The Chairman of the Committee is to be nominated by Speaker/Chairman of Rajya Sabha. 11 Committees are given to the Speaker and 6 to the Chairman. In these Committees the Speaker/Chairman will nominate the chairpersons, the term of the Committee is one year.

Procedure :- After the general discussion on the Budget in the Lok Sabha is over the House will go for recess for one month. During this recess period the Committee will consider the demands for grants and submit their report. They shall not ask for more time. The demands for grant will be discussed/examined and the suggestions of the Committees will be recorded. There will be separate report for each Ministry. In addition to the demands for grants, the Committee will examine such Bills which are referred to by the Speaker/Chairman. They will also consider the Annual report of the Ministries and give its proposals. The Committee is also to consider the long term policy documents presented to the House. The Committee is forbidden to interfere with the day to day administration of the Ministry and also the Committee is not expected to suggest any cut motion.

Defects/deficiencies :-

1. The draft bills are at present preferred to the Committee after introduction. This should be referred to the Committee before introduction. The Bills should be introduced only with the report of the Committee. This would save the time.

2. There are too many Committees. 18 House Committees, around 35 Consultative Committees, 17 Standing Committees, many Select Committees, Joint Committees, adhoc Committees etc. Many functions overlap. There is a need to streamline the functions of the Committees.

3. With the proliferation of Committees even rooms are not available with the Standing Committees, the need for consultative Committees should be reconsidered.

4. Every Committee can appoint a sub-Committee for examining a particular problem. Each sub-committee so appointed pre-supposes meeting rooms hospitality, secretarial assistance etc. again draining the exchequer. Instead of sub-committees, Study Groups can be set up.

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5. The Standing Committees suggestions are only recommendatory. Not even on a single occasion for the past ten years, a demand was changed as a result of the recommendation of the Standing committee. There is no set procedure to implement the recommendations of the Committee.

6. The Committee’s suggestions are not given serious thought by the Ministries. In many cases, the committees have suggested revision in allocation. However, due to paucity of time the Ministries could not make any changes.

7. The quorum for Lok Sabha and Rajya Sabha is 1/10th and for Committees it is 1/3rd. there are 17 Committees with 45 members in each. When Parliament is in session, quorum in Committees is not possible. During recess period of one month Members go back to their constituencies affecting the work. Therefore instead of recess, it is better that the Parliament remain in session, with the afternoon donated to Committee work.

18. (Important) Assurance :- Assurance is an undertaking or promise given by a Minister involving further action during the course of a reply to a question or a discussion. Further action should be reported by the department to the Ministry of Parliamentary Affairs. Following are a few expressions which constitute an Assurance:-

1. The matter is under consideration2. I shall look into it.3. I shall inform the Members4. I will suggest to the State Government5. We shall find out6. Necessary action will be taken7. I am reviewing the position8. The report of the Committee is under scrutiny.

Any other direction given by the Speaker or Dy. Speaker, Chairman or Dy. Chairman during the course of discussion should be complied with as an Assurance.

When the Department receives the extract of the proceedings, it should be seen:-

1. Whether any promise or undertaking was given by the Minister on the floor of the house.

2. Whether any point in reply to a supplementary question or any other part of the proceedings require any elucidation or amendment.

Every such Assurance should be complied with in 3 months, unless extended by Ministry of Parliamentary Affairs.

When an Assurance is given by a Minister on the floor of the House, the Ministry of Parliamentary Affairs will extract it to the ministry. If the Ministry has any objection in compliance, on public interest, it should be informed immediately. If the compliance of assurance is likely to take more than three months, extension of time should be sought for. This should be done with the approval of Minister.

Parliamentary Unit of the department will maintain a register of Assurances for coordination of compliance.

Each section should maintain a register to ensure quick compliance. The register should be checked every week by the Section Officer and every fortnightly by the branch officer during the session period and every month otherwise.

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Separate register should be maintained for L.S. & R.S. with separate pages for each session. Branch Officer will keep the higher officers and the minister informed about the extant of compliance and the delay if any. Advance action should be taken for getting extension of time wherever necessary.

Each House has a Committee on government assurances, nominated by Speaker/Chairman as the case may be. The committee has 15 Members and the term is one year. Chairman is appointed among the members. Minister cannot be a Member. The Committee should scrutinise the register and examine to what extent the assurances are implemented, where implemented, whether action has been taken without delay. The Committee is to identify the instances of delay and report to the House.

The compliance report on the Assurance is to be sent in the following proforma:-

Session L.S./R.S.-2003 Name of the Ministry__________________________________________________________________Sl Date & Subject Promise When How Reasons for RemarksNo. Reference given Fulfilled Fulfilled Delay(1) (2) (3) (4) (5) (6) (7) (8)

(Important) Corrections of Patent errors in a Bill:-

When a Bill is passed by both the Houses of Parliament, the Secretariat of the House which is in possession will send a copy as passed to the Ministry of Law which will scrutinize and point out the mistakes in spellings, captions, number of sections etc. Ministry of Law will identify these and send the Bill back to the Speaker or Presiding Officer for further action. The Presiding Officer is vested with the powers to correct these patent errors and make consequential changes. After this is done, the Secretariat will send it to the President’s Secretariat as marked “As passed by both the Houses of Parliament” duly signed by the Presiding Officer.

(Important) Withdrawal of the Bills:-

The member in charge of the Bill will move for leave of the House to withdraw the bill. If the leave is granted, the Bill is deemed to have been withdrawn.

If the Bill in question stood referred to the Select Committee or Joint Committee the notice also stands referred to the Committee. It will be set down in the list of business only after the report of the Committee.

If the Bill in question was passed by the LS. But pending in R.S., the in-charge of the Bill in Rajya Sabha will move a motion recommending to Lok Sabha that it may agree to the leave being granted by R.S. and when the L.S. concurs, then the Member will move for leave to withdraw the Bill. If the motion is opposed, the Chairman will permit the mover and the opposer to make a statement and put the motion to vote.

If the Bill is passed by R.S., but pending in L.S., the same procedure cited in pre-para should be followed. However, the reason for withdrawal of the Bill should be specifically mentioned in L.S. The notice should indicate why the Bill is

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withdrawn, whether it is proposed to be replaced by a new Bill, whether any major change is proposed in the new Bill etc.

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(Important) Laying of Papers :-

When any paper is to be laid on the table of the House, otherwise than as a part of reply to the question, then, a copy of the paper to be laid on the table of the House shall be authenticated by the Minister-in-charge in the front pate of the paper and sent to the concerned Secretary General with required number of copies. At least two days notice should be given. The authentication should be in the following format:-

“Paper to be laid on the table of the House (Lok Sabha/Rajya Sabha)

“Authenticated”

Signature of the Minister-in-chargeDesignation

Dated, at New Delhi……..May, 2003

The Secretariat will be informed whether additional copies have been given for the Members, if so how many and also from whom additional copies can be have. His Telephone Number, name etc. This can be released to the Press only after laying on the table of the House.

Short Duration Discussion (193) :- Short Duration Discussion is an important Parliamentary device involving a debate on a matter of urgent public importance. Prior to 1953, there was no provision for raising a discussion on any current occurance which is of public importance except by resorting to adjournment motion or any other motion under Rule 184 which involves discussions deliberations motion and voting. This was considered too severe. Therefore, short duration discussion was incorporated in 1953 to enable the Members to discuss the issue for two hours without any formal motion or vote. All sections of the House can participate in the discussion, unlike calling attention motion under Rule 197 in which only 5 members can ask clarificatory questions.

For short duration discussion a notice in writing should be given to Secretary General indicating the subject, its importance and reasons for urgency. The notice should be supported by atleast two other members. After receipt of the notice, information will be called for from the minister with reference to urgency and importance and thereafter the notice will be admitted. Normally, one hour in L.S. and 2-1/2 hours in R.S. are allowed for such discussion. This would be the last item of the business. There will be two sittings in a week i.e. two short duration discussions will be allowed in a week, there will be no motion and no voting. The statement will be made by the Member and reply will be given by the Minister. Any Member who has been authorised by the Speaker can put the questions to the Minister. The Minister will clarify the points in his winding up speech.

On the other hand in calling attention motion (Rule 197), a Member may with the permission of the Speaker call the attention of the Minister to any matter of public importance which is of urgent nature. The Minister can make a brief statement, immediately or he can ask for time to make a statement at a later date. In one sitting only two such notices are allowed. There will be no debate, nor any discussion, nor any motion and nor any voting. However, the Members who have been authorised by the Speaker can ask clarificatory questions and the Minister shall reply at the end to all such questions. If the notice is given by more than two

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Members, it will stand in the name of the first signatory, only 5 Members can participate in the proceedings, the time allowed is 30 minutes and an additional time of 10 minutes for the Minister to reply.

Role of the Ministry:- The concerned Ministry shall forward the relevant facts before 10 am. on the day when the motion is taken up. The Statement shall cover all points which have been raised through questions and adjournment motions etc. Along-with the draft reply statement, a note for supplementary should also be prepared for the use of the Minister. If the motion notice is in Hindi then the reply should be in Hindi.

Adjournment Motion:- This is a motion for adjournment of a business of the House for discussing a definite matter of urgent/importance made with the consent of the Speaker by 10.00 AM on the day on which a motion is made. A notice for the motion is issued to the Speaker, Secretary General and Minster concerned and also Minister of Parliamentary Affairs.

Conditions of Admissibility :- 1. There can be only one motion in one sitting.2. There should be only one matter in one motion.3. It should concern definite issue of recent occurrence.4. There should be no question of any privilege. 5. There should be no revival of any discussion which was raised in the same

session.6. It should not relate to any subjudice matter nor a matter which is pending

with judicial, quasi-judicial or semi-judicial authorities or parliamentary committees.

7. If the leave for motion is opposed, atleast 50 members should support the motion.

8. It is normally taken as last item at 4.00 PM.9. Not less than 2-1/2 hours should be given.10. One member can give only one notice in one sitting.11. If a notice is given by more than one member it will be deemed that the first

signatory has given the notice.12. If more than one notice has been received on the same subject, the priority

will be decided by a ballot.

Role of Ministry :- When a notice for adjournment motion is received, all relevant facts should be collected and brought to the notice of Speaker to decide its admissibility. A reference should be made only after the approval by Minister, the draft statement as a reply to the adjournment motion to cover all facts which have been included and sought through question, calling attention motion, short duration discussion etc. A note of supplementary is a must.

Question:- Question is an effective tool of parliamentary control over the executive. The purpose of the question is to elicit information on public affairs on government activities. Questions serve as a feedback on government working, public grievance, reaction to public policies etc. Government can take preventive and remedial measures on knowing the public response.

Questions are of three types:-(1) Starred (2) Unstarred (3) Short Notice Question

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Starred Question is answered orally on the floor of the House and with reference to the oral reply, the Members can ask supplementary questions. These supplementary questions will be intelligently anticipated and a supplementary will be prepared for the use of Minister.

Unstarred Questions calls for written replies to be placed on the table of the House and no supplementary questions are allowed. Normally unstarred questions relate to seeking information of statistical nature, these replies are too long like Committee reports, matters of local importance, non-policy matters, administrative details, issues entrusted to the limited section of society etc.

Short notice Question is put only in respect of public importance and of urgent nature, which is asked at a shorter notice. In other words, SNQ is a starred question on an urgent and important matter asked at a shorter notice, hence called Short Notice Question(SNQ). It is within the discretion of the Minister to accept the question as SNQ. If he is unable to accept it as SNQ, it will be first in the starred questions for the day on which it is otherwise due. Note on supplementary is a must for SNQ. Only one SNQ is allowed for a sitting. It can be a non-ministerial day also. SNQ is taken up immediately after the question hour for starred and unstarred questions, the notice in writing is required to be given by the Member to the Secretary General. Normal notice period is minimum 15 days and maximum 21 days for SNQ, the notice period can be less, but it should be supported by an explanatory statement indicating urgency. Normally, first hour of each sitting that is from 11.00 AM-12.00 AM is the question hour.

Procedure in the House:- For the purpose of answering the question the departments/Ministries have been classified into five groups. Fixed days are allotted for each group on all days except Saturday and Sunday. Normally, 20 starred questions and 200 unstarred questions are allowed. If the States in President’s Rule are more the US questions are placed on the table of the House. The starred questions are taken up as given in the order of preference in the list of Questions. The Speaker reads the question number, the concerned Member rises from the seat asks the question and the Minister replies part by part. The Member who authored the question can ask 2 supplemantary.

Conditions applicable to MPs:-1. Written notice should be given to the Secretary General with the official

designation of the Minister. If it is addressed to the private Member, his name and the date requested for should be given

2. The question should be addressed correctly to the minister with the help of Allocation of Business Rules.

3. Notice period is 15 days and upto 21 days4. If it is a Starred Question an asterisk (*) to be indicated.5. If it is a short notice question the reason of urgency should be given6. Only one starred question from one member is allowed. Notices of Starred

and Unstarred should be given separately, for separate dates, separate notices should be given.

7. Notices of question should be clear and self-contained. If the question is based on previous question, or newspaper cutting, supporting documents should be sent.

8. The members should be responsible for the accuracy of the statement.9. A question not asked by a member though present is treated as withdrawn10. An absent Member who is authorised in this behalf by writing to Secretary

General.

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Conditions of admissibility which should be applied by the Department:-1. The matter should primarily concern Union Government.2. The question itself should not exceed 150 words.3. It should not contain any argument or ironical expression or defamatory

statements. 4. Question should not be asked seeking an opinion or solution to legal or

hypothetical questions5. The question should not ask as the character of a person except in his official

capacity.6. It should not ask for the proceedings of the Committee which is still to submit

the report.7. It should not imply a charge of personal character8. No trivial information or past history should be asked for.9. It should not relate to any discourtesy to a foreign country.10. It should not relate to a matter of subjudice or a matter under consideration

of a Committee or statutory body.11. It should not relate to a matter for which the ministry is not responsible.12. It should not relate to a matter for which Union Govt. is not responsible.13. It should not relate to any advice given by the council of Ministers to the

President or regarding Cabinet decision.14. It should not relate to matters concerning secret issue.15. It should not relate to matters on the conduct of a judge except upon a

motion for his removal

Role of Ministries and duty of Section Officer:-

Even though the printed list of finally admitted questions will be available only 5 days before, the advance copies of the questions which were provisionally admitted and sent by the LS/RS to the Ministry much before. The Parliament unit of the Ministry will pass on these provisionally admitted questions to the concerned sections.

The concerned Section Officer should examine to find out the admissibility of the question. He has following specific responsibilities:-

1. To check up whether the Question pertains to the Ministry.2. To check up whether the Question is admissible.3. To collect information on the question4. To draft a reply.5. To take further follow up action

If the question is wrongly addressed to the Minister and the subject matter concern some other Ministry, immediate action should be taken to transfer the Question to the correct department under intimation to LS/RS Secretariat. LS/RS Secretariat will transfer the question only if the other Ministry accepted the transfer. If the other Ministry is not prepared to accept, then the original Ministry has to reply the question “Under Objection” and after reply the follow up is transferred to some other Ministry. Till then responsibility for coordination lies with the original Ministry.

The Section Officer will examine the question with reference to conditions of admissibility listed in pre-para. If the Question is not admissible, LS/RS Secretariat will be informed of the facts well in advance.

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It should be checked whether the information required for answering the question is available in the Ministry. If the information is not available, the State Govt. and subordinate units should be asked to send the necessary data, immediately, preferably by fax or by telegram. This information should be self-contained and in a carefully defined proforma. Once the information has been collected, a draft reply should be prepared. While preparing the draft reply part of the question will be reproduced on the left hand side and the reply set out in parallel column against each part.

In the case of Starred Question position of the Question should be indicated on the top right hand side of the draft reply.

The reply should be clear, concise, complete, distinct and self-contained. No Assurance should be given, unless with the consciously consented.

If the reply is likely to take more than 15 seconds, the information will be given in a statement which is attached to the reply. The reply in this case should be that “A statement is laid on the table of the House.”

If the question is on the printed list, it has to be replied even though the reply may be that “It would not be in public interest to give information on this.”

If the Original Question is in Hindi, the reply should also be in Hindi

In the case of Starred Questions and Short Notice Question, the supplementary will be intelligently anticipated and a detailed not on supplementaries should be prepared. If the note on supplementary is voluminous an executive summary should be prepared.

When a reply to a question refer to any information available available in any other document, that document should be available in Parliament Library, before the reply is given.

Based on the Provisionally admitted version of the question, a draft reply will be prepared and when the final list of questions arrive, the reply given already will be reviewed and revised.

Follow Up:- The reply given to Starred Question and Unstarred Question or Short Notice Question and also to the replies given to the Supplementaries will be scrutinised by the Section Officer to find Out:-

1. Whether any Assurance was given by the Minister2. Whether any reply given by the Minister requires any clarification/elucidation.

Accordingly prompt action will be taken to correct the error and also to clarify the ambiguous information contained in the statement.

Inaccuracy or Mistake in a reply given to any Question:-

Following procedure should be adopted to correct an inaccuracy or mistake which has crept in a reply given to a question.

Within one week of the reply, the concerned Minister will give notice to the Secretary General of the House of his intention to make a statement alongwith the copy of the Statement to be made. Two authenticated copies – one in English and one in Hindi should be sent. The Statement should be supported with the reasons

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for the delay. If it is delayed for more than 7 days the copies of the statement should be kept in Parliament Notice Office, Half an Hour before the sitting on the day on which the statement is to be made, The statement is confidential till it is made. After the statement is made the Speaker may allow supplementary questions relevant to the correction.

If the House is in Session, the item will be included in the business and the Minister will be called upon to make the statement or laid on the table of the House, as the Speaker decides.

If the House is not in session, the Minister may be called to make the statement in the next session or the statement may be included in the official report of the proceedings of the House with the following footnote:-

“The original statement by the Minister as a reply to Question No____dated_____is as follows:-

The reply as above was sent by the Minister afterwards, in substitution of the original reply, given below.”

If it is not desirable to print the original reply only the revised reply will be printed.

(Important) Whether the question can be addressed to a Private Member:-

Yes, Question can be addressed to a Private Member provided the subject matter of the Question relates to the resolution or any other matter for which the Private Member is responsible. The same procedure and conditions are applied. However, the Question will be printed in yellow paper, the copies will be circulated to all members atleast 5 days in advance. No supplementary questions are permitted. There is no provision for Short Notice Question by a Private Member.

Resolution - Procedure:-It is a declaration of a opinion or recommendation or approval or disapproval by the House of an act or policy of the Government or convey a message or urge an action or call the attention of the government on an urgent issue. The notice period is 2 days, both a Minister and private member can move resolutions. However, the matter should be of public interest.

Conditions of admissibility:-1. It should be clearly and precisely expressed.2. It should concern a definite issue3. There should be no argument, no interference, no ironical expressions, no

imputations, no defamatory statement and should not refer to the conduct of a judge, except upon a motion for his removal. No subjudice matter or any matter which is pending before any commission or court of inquiry or tribunal should be allowed unless the Speaker is satisfied that it would not prejudice the consideration of the issue. A Member when called upon would move the resolution and commence his speech. The time limit is 15 minutes. In the case of Ministers it is 30 minutes. A copy of the resolution passed by the House will be sent to the Minister for taking action on the resolution.

Half an hour discussion:- Half an hour is allotted for discussion on a matter of sufficient public importance which was a subject of recent question,

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whether starred or unstarred, the reply of which needs clarification/elucidation. The Member should give three days notice in writing to the Secretary General specifying the points on which he wishes to raise, accompanied by a note stating the reasons. This notice period can be waived by the Speaker, with the consent of the Minister. This is not intended to revise the policy, there will be no voting and no motion. The Member will make a statement and the Minister will give a reply. Any member who has previously intimated the Speaker can put the Question for further elucidation. If there is no quorum, the Statement will be laid on the table of the House.

(M.Important)Suo-Moto Statement - Statement under Rule 372:-

Whenever any major accident occurs in Railways or Air crash or accident of a ship or mines explosion or any incidence of serious nature or any occurrence of utmost public importance, the Minister may on his own make suo-moto statement on the floor of the House at the earliest opportunity. This would obviate the need for questions, short duration discussions, calling attention motion, adjournment motions etc. The statement proposed should cover all points which have been raised in the said questions or calling attention motion or short duration discussions or adjournment motions etc. which have been raised already and pending with the Ministry. The requisite number of copies of the statement both in English and in Hindi should be submitted to the respective secretariat at least 2 days in advance. With the permission of the Speaker the notice period can be waived. If it is not possible to provide copies in advance, atleast two copies should be given by 10.00 am on the day on which the statement is proposed. The remaining copies may be made available by 10.30 AM on the day on the same day. This item will be included in the list of business on receipt of intimation from Minister. Suo-moto statement is normally made immediately after the Question Hour.

Whether the Minister can brief the Press about the contents of the Statement in advance:-

If the Suo-moto statement contains or relates to any routine issue which does not involve policy decisions, then Minister is free to brief the press before the statement is made. However, if the statement is about any policy issue, the Parliament has the exclusive privilege to know about the stand of the government before the press knows it. Therefore the briefing on policy issues of the press should be done by the Minister only after the Statement is made in the House.

No-Confidence Motion - (Under Rule 184) - Art. 75 of the Constitution States that the Council of Ministers is collectively responsible to the House of L.S. which means that the Council of Minister is obliged to resign if it has lost the confidence of L.S. The method of expressing lack of confidence over Council of Ministers is by passing “No-Confidence Motion” by L.S.

No such motion can be passed by Rajya Sabha because the Council of Ministers is primarily responsible only to L.S. The motion cannot be moved unless it has a initial support of 50 Members. Once the leave of the House is granted, the motion will be taken up for discussion on such day and time as the Speaker may decide. Either part of the day or full day or days will be earmarked for discussion. The Members of all political parties will be given opportunity to speak on the motion. The time slot will be allotted to each party on the basis of their strength in Lok Sabha. After discussion Prime Minister as a leader of the House will give reply to the discussion covering all issues raised during the discussion. After Prime

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Minister’s reply, the motion will be put to vote. If the motion is passed by the majority of the then Members, sitting and voting it will be implied that the no-confidence motion has been passed and the Lok Sabha has expressed lack of confidence over the Council of Ministers. The result is that the Council of Ministers is obliged to resign.

Comptroller and Auditor General (Art.148) - C&AG is an independent constitutional functionary - A watchdog of public finance who controls the financial system of the country, of the union and at the State level. This office was recommended by Montford Reforms Committee 1919 and GOI Act, 1935. He was equated to the Federal judge, Indian Constitution made him equal to the judge of Supreme Court. In 1976, CAG shaded his responsibility in respect of compilation of accounts and this work was entrusted to Department of Expenditure under the Ministry of Finance. Department of Expenditure administers the accounts of GOI with Integrated Financial Advisor (IFA) in every Ministry. CAG is appointed by President and he holds the office for six years or 65 years of age, whichever is earlier. He is equal to the judge of Supreme Court and is entitled for pension. He is forbidden from accepting any office after retirement (However, Dr. Ashok Chandra was made chairman of Third Financial Commission after his retirement as CAG). CAG’s salary and allowances are “Charged” into the Consolidated Fund of India. His salary, allowances and other privileges cannot be varied to his disadvantage during the term of his office. Constitution does not prescribe any qualification for being a CAG. However, a person who is imminent scholar in public finance is appointed as CAG.

CAG can be removed only for proved misbehavior or incapacity. On the same line of removal of the judge of S.C./H.C. i.e. only upon an address by both the Houses of Parliament being passed by special majority asking the President for his removal.

Functions:-

1. To audit the accounts of Union Govt., State Govt. and Union Territory to ensure proper expenditure from Consolidated Fund of India/State/UT.

2. To audit and report on the expenditure from contingency fund of India and Public Fund of the Union and the States.

3. To audit and report all trading, manufacturing and profit and loss statements of various agencies under the Union and the States.

4. To audit and report and the receipt and expenditure of all bodies financed by Union and the State.

5. CAG has an access to all books of accounts with reference to the receipts and expenditure of the Union and the States.

6. CAG presents his reports to the President annually.7. CAG submits his report to public accounts committees regarding factual

verification of matter if a case law referred to him by PAC. He also attends the meetings of PAC.

8. He assists the Committee on Public undertakings.9. If either House of Parliament desires any information from CAG it can be

given to the Parliament through PAC.

IMPORTANT

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He is the watchdog of public finances and chief auditor responsible for auditing all expenditure from the revenue of the Union and the States within and outside India. In other words, he is expected to function in two capacities:-

1. As Comptroller (2) As Auditor General

As Comptroller, it is his duty to see that the money is drawn from the Consolidated Fund of India, it is his responsibility to see that the public money is spent as per the grants passed by Parliament. He performs, at present, only the functions of Auditor General. He ascertains whether the money shown in the accounts as disbursed were legally available to the Union/State. He also ensures whether the money was spent for the purpose for which it was allocated and whether it conforms to the Authority. He can question the wisdom of expenditure and sincerity and economy in spending.

Weaknesses/Shortcomings :- Though the C&AG actually performs the duty of an auditor after the expenditure is incurred, he has no control over expenditure. In other words as Comptroller, he has no control over issue of money. Many departments have been authorised to draw money from Consolidated Fund of India by issuing cheques without any authority from CAG who is involved only at the audit stage i.e. after the damage has been done. In addition receipt from Income Tax, wealth tax, estate duty, excise duty and the land revenue have been excluded from the scope of audit thereby diminishing the role of CAG.

Election Commission (Art. 324) :- Art. 324 provides for Election Commission to superintend direct and control holding of General Elections. EC is an independent constitutional body. The Commission is to have a Chief Election Commissioner and such other number of election Commissioners as the President may time to time desire. In Oct., 1989, two election commissioners were appointed but subsequently the appointments were revoked. In August, 1992 two Election Commissioners were again appointed converting the Office of Chief Election Commissioner into Election Commission consisting of one Chief Election Commissioner and two Election Commissioners who will be the Members of Election Commission.

The Election Commissioner and Chief Election Commissioners are appointed by the President. The Chief Election Commissioner holds this office for 6 years or 65 years of age, whichever is earlier. Election Commissioners on the other hand will hold their officers for 6 years or 62 years of age, whichever is earlier.

The salary and allowances of Chief Election Commissioners and two Election Commissioners and other privileges cannot be varied to their disadvantage during the term of their office.

Chief Election Commissioner can be removed only for proved misbehavior or incapacity upon an address made by both the Houses of Parliament by special majority. Upon this, President gets the authority to remove him.

Election Commissioners can be removed on the recommendation of Chief Election Commissioner. In other words on his recommendation, President will constitute a Committee headed by judge of Supreme Court for inquiring into the allegations. The advice of the Committee is binding on the President. Parliament is not involved in their removal.

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Functions :- 1. Supervision, direction and control of all matters pertaining to selection of

President, Vice-President, MPs and State Legislatures.2. To review People’s Representation Act and implement electoral reforms3. To determine territorial arrangements of the constituencies.4. To prepare, revise and update the electoral polls5. To register new voters6. To notify the dates and schedule of elections7. To scrutinise the nominations8. To recognise the political parties and allot election symbols.9. To act as a court to settle the disputes related to granting recognition and

allotment of symbols10. To appoint officers to inquire into the complaints related to electoral

arrangements11. To prepare rosters for publicity of public parties on TV and Radio12. To advice President/ Governor on the matters relating to disqualification of

MPs/MLAs.13. To cancel the polls in the event of rigging and capturing the poll booths14. To supervise the machinery of elections15. To advice the President whether the elections can be held in the State under

President’s Rule.16. To advice the President regarding extension of term of L.S. during national

emergency17. To determine the code of conduct for the political parties.

Before each general election to Lok Sabha and Assemblies of each State, and also before election to council of States, President is to appoint after consulting Election Commission, the Regional Commissioners to assist the election commissioner.

The validity of any law regarding delimitation of constituencies or allotment of seats under Delimitation Act cannot be called in question in any court of Law. On the basis of the directions of Supreme Court in its judgement of 2nd May, 2002, the Election Commission has directed all the candidates contesting Elections of the Parliament and State Legislatures to file an affidavit on the following:-

1. Whether the candidate is convicted or acquitted or discharged of any criminal offence in the past and whether he was punished with imprisonment or fine with details thereof.

2. Prior to 6 months of filing nominations, whether the candidate is accused of in any pending case of any offence punishable with imprisonment for 2 years or more and whether the charges have been framed and if so the details thereof.

3. The assets (movable and immovable property including bank balance) of the candidates, their spouses and their dependents.

4. Liabilities if any specially the dues of any public finance companies/Govt.

After the Supreme Court judgement, the Parliament enacted a law diluting major observations made by Supreme Court. However, S.C. made the law constitutionally invalid and ordered all observations made by it in May, 2002 judgement should be included in the affidavit because every citizen has the right to know the comparative caliber of the candidates contesting elections.

UPSC (Art. 315) :-

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Art. 315 provides for a Union Public Service Commission with one Chairman and Members. Half of the Members should have held the office in Union/State Governments. The Chairman and Members of UPSC are appointed by the President. They can hold the office for 6 years or 65 years of age whichever is earlier. A Member is not eligible for re-appointment. However he can be appointed as Chairman. The salary of all of the Chairman and Members are “Charged”in the Consolidated Fund of India. Similarly, their salary and allowances and other privileges cannot be varied to their disadvantage during the term of their office.

Chairman or Members can be removed by the President on the ground of misbehavior or incapacity. They can be removed after the S.C. on a reference made by the President has, after inquiry, recommended their removal. Pending inquiry, President can suspend the Members. The Chairman or Members will be guilty of misbehavior if he becomes interfered in any government contract or agreement or in any monetary profit.

President may also remove a Member or Chairman by an order if he is declared as insolvent or engaged himself in any paid employment during the term of his office or physically or mentally infirm.

Functions:- The jurisdiction of UPSC extends to the Union and centrally administered areas. If required by two or more States, UPSC can assist them in framing operating schemes or joint recruitments. Similarly, at the request of the Government of the State and with the approval of President, UPSC can serve any other State under Art. 321, Parliament can confer additional functions on UPSC. However, UPSC on its own cannot take over any additional responsibility.

Mandatory Functions:- To conduct examinations for appointment to the services of the Union – either written examination or interview or both. Example – Indian Civil Service which includes two All India Services (Indian Administrative Services and Indian Police Service), other group A & B Central Services, Indian Forest Service, IMA, NDA, Indian Economic Service, Union Statistical Service, Union Engineering Service etc.

Mandatory Consultative:-

1. Union Executive is obliged to consult UPSC on matters relating to recruitment to the Civil Services and Civil posts, Principles to be followed in making appointments, promotions, transfer from one arm of service to another.

2. Disciplinary matters including memorials and petitions3. Extraordinary pension cases and financial assistance for legal proceedings

instituted by government servant to vindicate his stand.4. The advice of UPSC is not binding on the executive. However, the instances

where the UPSC advice was not accepted have to be detailed in the Annual Report of UPSC which will be placed on the table of the Houses of Parliament.

Deficiencies/Weaknesses:-

Proviso to Art. 321 dilutes the impact of UPSC. President can make regulations specifying the matters on which consultation is not necessary. This proviso has been liberally used rather misused by the Government – example – following have been excluded from the purview of UPSC:-

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1. Reservation of appointments for SCs/STs or OBCs.2. Chairman and Members of various Commissions and Tribunals.3. Appointment of diplomats4. Majority of Gp C and Gp D staff i.e. around 90% of the total staff.5. All temporary appointments for less than one year.

Attorney General (Art. 76) :-

Attorney General is the Chief Law Officer and is part of Union executive. He is the Chief Legal Advisor. He has the right to audience in all the Courts within India. He can represent India in the International Courts. It is the duty of Attorney General to advice GOI on all legal matters and to perform such other duties as may be assigned by the President. He can participate in the discussions in either House of Parliament and also in State Assemblies. He was formerly known as Advocate General. When he is present in the House of Parliament and also in State Assemblies, he occupies the seat in the treasury benches. He can appear in the court on will of the Parliament or Presiding Officer. While he appears in Supreme Court he has the precedence over other advocates. He may be invited by the Speaker to speak in the House on legal and constitutional issues. The Speaker can obtain his opinion also.

For being on Attorney General he should be qualified to be appointed as judge of the Supreme Court. However, while a distinguished jurist can be appointed as a judge of Supreme Court, he cannot be appointed as Attorney General.

Since Attorney General is part of Union Executive his tenure is co-terminus with the term of Council of Ministers therefore whenever there is a change of incumbency in the Government, Attorney General has to resign. Attorney General is not a whole time counsel nor a Government Servant, he can carry on private practice but he cannot plead against GOI. In United Kingdom, Attorney General is a Member of Cabinet.

Finance Commission (Art. 280) :-

Art. 280 envisages Constitution of Finance Commission within 2 years of conception of constitution and every 5 years thereafter or at such other times as the President deems it necessary. Finance Commission comprises Chairman and four members. Constitution does not prescribe any qualifications from the Chairman or Members nevertheless Parliament has made a law prescribing following conditions for being appointed as Chairman and Members of Finance Commission :-

1. Citizenship2. Special knowledge of Finance and Accounts of GOI or experience in financial

and administrative matters.3. A person who is qualified to be a judge of High Court conditions for holding

the office, salary, allowances etc. will be determined by President from time to time.

Functions:-(1) Finance Commission recommends the ratio of distribution of proceeds of the

taxes between Union and the States.(2) The principles to be followed in sanction of grants in aid to the States from

Consolidated Fund of India

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(3) Policy to be followed to ensure better financial relations between Union and the States and the measures to be adopted for better coordination.

Govt. of NCT of Delhi (Art. 239-AA):-

Delhi State has been formed by adding Art. 239 AA (69th Amendment Act, 1991). The Delhi State is called Government of National Capital Territory of Delhi. The Administrator is called Lieutenant Governor. The Assembly has 70 Members and has powers to legislate on all State and concurrent subjects except entry No. 1,2 & 18 of State List, namely – Law and Order, Police and Land.

Parliament enjoys Concurrent powers of Legislation on all State and concurrent subjects and exclusive powers over Union subjects.

If there is a clash between Union Law and State Law the former will prevail over the latter, unless the State law was reserved by President for consideration and he has given the consent also. The Council of Ministers is headed by Chief Minister. The number of Ministers should not exceed 10% of the total number of Members of assembly. The council of Ministers is to aid and advice the Lieutenant Governor in exercise of his executive functions. L.G. is normally bound by the advice of Council of Ministers. However, if there is a difference of opinion between LG and Council of Ministers the L.G. will refer the matter to President for decision. Till a decision is made, LG is competent to take such action as he deems it fit. The Chief Minister is appointed by the President and the other Ministers on the advice of Chief Minister. The Council of Ministers is collectively responsible to assembly. Art. 356 can not be applied to Delhi State. If the President of India is satisfied on the basis of the report of L.G. or otherwise, that a situation has arisen in which the State administration is not run in accordance with the provisions of the Constitution, then the President will suspend Art. 239 AA, and the result is the Delhi State will become Union Territory fully under the control of Union.

ImportantJammu and Kashmir (Art. 370) :- India Independence Act, 1947 provided that the control of his majesty over the Indian States and the provinces with all the treaties in force would lapse. The integration of princely States became a major task for the infant India. On 15th August, 1957, there were as many as 562 native States which were independent and with an opinion to join either India or Pakistan or to remain neutral. With the efforts of Sardar Patel, all princely States except three states signed the instrument of accession. These three States were :- (1) Junagarh(2) Hyderabad (3) Kashmir

Junagarh initially acceded to Pakistan, people revolted, India took over on 22nd Oct., 1947. Nawab ran away to Pakistan. Referendum was held, people voted for merger with India.

Hyderabad Nizam wanted to be independent, people revolted, army entered in September, 1948, Nawab agreed, merged with India.

Kashimir - under the British regime J&K was ruled by a Hereditary Maharaja (Dr. Hari Singh). He was a Hindu and his subjects in Kashmir were Muslims. In Jammu, Hindus and in Laddakh Buddhists.

Shortly before 15th August, 1947, J&K announced its intention to enter into standstill agreement with both India and Pakistan. Pakistan signed the agreement

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but invaded and raided from different sides. Maharaja appealed to India to come to his rescue. On 24th Oct., 1947, after 2 days he signed the instrument of accession for merging J&K with India. On Oct., 27th Indian troops were air lifted and most of the J&K freed from Pakistani raiders. Finally, at the UN intervention, ceasefire was declared on 1st January, 1949.

The accession was based on the formal request of Maharaja, endorsed by all leaders of J & K, including National Conference. This was legal because this was in accordance with the provisions of India Independence Act, 1947, the instrument of Accession signed by the States which were acceded to India. By the Instrument of Accession, India got jurisdiction over Defence, External Affairs, and Communitions, similar to other States. However, when Constitution was enacted all other States were included under Part-B. J&K was left out because Pandit Nehru declared that it was the people of J&K acting through their constituent assembly who were to determine constitution of the State and the jurisdiction of UOI. The Act of Accession was given a legal shape in the Constitution of J&K under Art. 1 stating that J&K is the part of territory of India. However, the application of other provisions of Indian Constitution of J&K was placed on a tentative basis subject to eventual approval of the constituent assembly of J&K. Therefore only two articles of Indian Constitution (Art. 1 & Art. 370) are applicable to J&K. This arrangement is supposed to continue until the constituent assembly of J&K makes its decision. It would then communicate its recommendation to the President who may either abrogate or modify Art. 370 as recommended.

Art. 370 limits the Parliamentary powers to legislate for J&K to those matters in the Union and concurrent list which are declared by President as to correspond to the matters given in the Instrument of Accession. In other words, out of 99 items in the Union List, only 36 are applicable to J&K. President may also extend the jurisdiction on such other matters as deemed necessary with the concurrence of Govt. of J&K.

It has been made clear that a citizen of India will be a permanent resident of the State, if, on 14th May, 1954, he was a subject of the State or acquired immovable property for 10 years or more.

The State Legislature has 100 Members and Governor can nominate 2 women members. 25 seats are reserved for Pakistan Occupied Kashmir. The State has legislative council also with 36 Members. The Present position is:-

1. J&K has a separate Constitution.2. The citizens of J&K enjoy dual citizenship, citizenship of J&K and citizenship of

India3. Parliament has no jurisdiction on most of the concurrent subjects4. Residuary powers/subject belong to the State5. Preventive Detention law of India Parliament do not apply to J&K.6. Art. 249 was not applicable till recently, but now extended.7. Parliament cannot make law altering or changing the name of the State,

territory of the State or boundary of the State without the concurrence of the State.

8. Art. 352 can be applied only with the concurrence of the State.9. Union has no powers to give directions under Art. 365.10. Art. 360 - financial emergency is not applicable.11. Right to property is still guaranteed.12. Part-IV of Directive Principles of State Policy has not been extended so far.

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To sum up, the effect of the two Constitutions is that no change can be effected in the Constitutional status of the State without making a change in both the Constitutions. Both must be amended so as to make any change in either of the two so far as the special position of the State is concerned.

Subordinate Legislation or Protective Legislation :-Delegated Legislation or Subordinate Legislation is defined as a rule made

under the Act. The laws are to be made by the Legislature and technically Legislature alone is competent to make rules also. However, the legislature delegates rule making powers to the other bodies by making a provision in the main act itself. This is called enabling Act. The law lays down broad principles and leaves the detailed rules to be provided by regulation by a Minister, or other bodies. Delegated Legislation exists in the form of rules, regulations, by laws or orders. Constitution also recognises subordinate legislation through Art. 30 which defines law as to include regulations, rules, by-laws, order etc.

Why subordinate legislation is needed:-1. The legislature has no time to frame the rules.2. The rules are too technical3. The legislators have no experience or expertise on technical matters.4. It provides an opportunity for experimentation.5. It is intended to meet an unforeseen contingency6. It is to overcome an emergent situation.

Legislature cannot delegate its essential functions namely – law making.

Abuse or misuse of the provisions of subordinate legislation is checked through:-1. Judicial Control 2. Parliamentary Control 3. Public Control

Under judicial control, the S.C. & H.C. can declare an Act unconstitutional on the ground of excessive delegation or the rule being violative of fundamental rights. These powers have been given to the Supreme Court under Art. 32 and to the H.C. under Art. 226.

Under Parliamentary control, the Members of Parliament have an opportunity to examine the extent of delegation at the state of second reading. Every Bill is required to be accompanied by a Memorandum explaining the extent of delegation. In addition Parliamentary Committee of Subordinate Legislation examines each set of Rules with reference to the related law to identify the instances of excessive delegation. Report of the Committee will be placed on the table of the House for discussion. This Committee comprises 15 members from Lok Sabha and 7 Members from Rajya Sabha and Minister cannot be a Member, the term of the Committee is one year. The Members are nominated by Speaker/Chairman.

Under Public control, the control is generated through public awareness. In UK & USA copies of the Rules and the related acts are supplied free of cost to all members of public. A specific provision is added in the Main Act itself. There is no such provision in our country. However, Supreme Court in Harda Vs. State of Rajasthan declared that the copies of the Rules should be supplied to all public institutions free of cost.

Central Administrative Tribunal (Art. 323-A):-

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Art. 323-A provides adjudication by Administrative Tribunal of the disputes and complaints with regard to the persons appointed to the public services and employed in connection with the affairs of the Union or State within the territory of India. Art. 323-A was added through 42nd Amendment Act., 1976.

Positive Aspects :- The Administrative Tribunal provides flexibility and adaptability in contrast to judicial conservatism. The remedy is inexpensive and speedier. This has provided much needed relief for the High Courts by reducing their burden. The Central Govt. has established Central Administrative Tribunals and on the request of State Governments it can set up joint Administrative Tribunals or State Administrative Tribunals.

The Act does not cover the employees of the S.C. & H.C.s, Lok Sabha and Rajya Sabha Secretariats and Armed Forces.

The term service matters includes all matters relating to conditions of service, remuneration, tenure, leave and disciplinary matters.

CAT consists of a Chairman, a Vice-Chairman and such other judicial and administrative members as the President may decide. Normally, a Bench will consist of one judicial and one Administrative Member.

The Tribunal does not admit an application from the litigant unless the litigant had availed of all official remedies.

Qualifications:-Chairman -Service or retired judge of H.C. or Vice-Chairman for 2 yrs.V.Chairman-Serving or retired judge of H.C. or Judicial/Administrative Member for 2 yearsJudicial Member -Serving or retired judge of H.C. or a person who is qualified to be a judge of High Court.Administrative Member-Additional Secretary in GOI for 2 years, Joint Secretary in GOI for three years.

Chairman/Vice-Chairman and Members are appointed by the President in consultation with Chief Justice of India. The Chairman will continue for 5 years or till he reaches 65 years of age, whichever is earlier.

Chairman and Members can be removed by President after an inquiry by a judge of Supreme Court into the charges of crude misbehavior or incapacity. The accused Chairman or Members have the right to defend or be defended during the course of inquiry.

Deficiencies:-1. The Administrative adjudication is negation of principles of natural justice.2. There are no set procedures being followed by CAT. Different tribunals follow

different procedures as a result the Government’s control is more.3. Administrative Tribunals can follow summary trials which is against the

principles of natural justice.4. The tribunals are manned by Administrators and bureaucratic delay which

they fathered/cultivated while in service.5. Against the normal policy government files appeals even on routine cases.

The Appeal against CAT decisions now lies with High Court. Therefore the burden of High Court stands as it was.

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Constitutional Amendments:-

1. Ist Amendment Act, 1951 added three more restrictions to Art. 19(2).(1) Public Order(2) Integrity(3) MoralityA new clause was added to Art. 15(4) empowering the State to make special provisions for the Advancement of Socially and educationally backward classes. Art. 31(a) & (b) was also added.

2. 24th Amendment Act. 1971 - This was to remove the difficulties created by the decision of the S.C. in Golaknath Vs. State of Punjab Case. Art. 13 and Art. 368 were added with additional clauses to make it clear that the Parliament has the powers to amend the Constitution. This was upheld by the Supreme Court in the Kesavananda Bharati Case.

3. 25th Amendment Act., 1971 - Art. 31(c) added providing that a law passed to give effect to the directive principles in Art. 39 (b) & (c) cannot be challenged on the ground of its inconsistency with Art. 14,19 and 31. This was upheld in Kesavananda Bharati Case.

4. 26th Amendment Act, 1971 - Privy Purses abolished.

5. 35th Amendment Act., 1974 - Made Sikkim an associate State

6. 36th Amendment Act., 1975 - Conferred full Statehood on Sikkim

7. 42nd Amendment Act., 1976 - This is known as Mini Constitution which made exhaustive changes . Part IV-A and Part 14-A were added. A new Article incorporated “Socialist, Secular, Integrity” added in Preamble. 3 new Directive Principles added. 10 Fundamental duties (Art. 51-A) were added. Art. 74 was amended to bind the President on the advice of Council of Ministers. All India Judicial Service created. Art. 311 amended to dispense with show cause notice. Art. 368(4) added to exclude the Constitutional Amendments from judicial review (Supreme Court nullified this in the Minerva Mills case).

8. 44th Amendment Act., 1978 - Whatever damage done through 42nd

Amendment Act were undone. Right to property {Art. 31 and Art. 19(f)} deleted and put as Art. 300 A. Art. 74 re-amended to make it clear that the President can refer back the advice of Council of Ministers for re-consideration and the reconsidered advice is binding on the President. Art. 352 amended to ensure that the emergency can be promulgated only on the written advice of Ministers of Cabinet Rank and only on the ground of Armed rebellion instead of internal disturbances. It also provided adequate safeguards against preventive detention. Art. 32 cannot be suspended in respect of Art. 20 & 21 even during emergency. Convening of L.S. made obligatory if 1/10th of the Members give notice to disapprove emergency (Art. 352). Supremacy of Supreme Court restored.

9. 50th Amendment Act., 1984 - Art. 33 amended to restrict fundamental rights to certain categories of staff employed in Armed forces, Central Police Organisations, Intelligence Bureau and Telecom personnels in such organisations.

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10. 52nd Amendment Act., 1985 - Schedule 10 added with Anti-defection Law.

11. 65th Amendment Act., 1990 - National Commission for SCs/STs was established in the place of Commissioner of SCs/STs (Art. 338)

12. 69th Amendment Act., 1991 - Established NCT of Delhi.

13. 71st Amendment Act., 1992 - Added Konkani, Manipuri and Nepali in the 8th Schedule

14. 73rd and 74th Amendment Act., 1992 - Established Panchayati Raj and Nagar Palikas

15. 77th Amendment Act., 1995 - Inserted Art. 16(4-A) for reservation in matters of promotion in favour of SCs and STs.

16. 90th Amendment Act., 2000 - Unfilled SC/ST vacancies for the year should be kept separate for being filled up in succeeding years and this will not be considered for determining the ceiling of 50% fixed by Supreme Court in Indira Sawhney case.

17. 92nd Amendment Act., 2001 - Art. 335 amended to make it clear that the proviso of maintenance of Administrative efficiency need not be linked to reservation for SCs/STs.

18. 93rd Amendment Act., 2003 - Made compulsory education upto the age of 14, that is universalisation of elementary education.

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