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PA I! I,IAIIEIVTANy PNOCEbUR E
RESOLUrIONS
' A Resolution is also one of the procedural means available to the members and the Ministers.to mise a
discussion in the House on a matter of glnerai public inteiilst. A resolution is in fact a Substantive Notion. Unlike
motions in ieneral, forms of resolutions have been provided by the Rules of Procedure concerning both the
Houses. Accordingly, a resolution to be moved in the House may be in the form of a decldration of opinion or a
recommendation; or may be in the form so as to record either approvai or disapproval by the House of an act or
policy of "the Government or convey a message; or commend, urge or request an action; or..call.attention to a
matter or situatipn for considerdtion by the government; or in such other forms as the Presiding fficer may
consider appropriate.
Differehce between a Motion and a Resolution: Motions and resolutions have many things in common. The
difference is more of procedure than of content. Quite often, both, motions and resolutions on the same subject
are admitted with some slight charige of form. Whereas all Resolutions come. in the cdtegory of subsfantive
motions, all motions need not necessarily be substantive. Fur:ther, all motions need not necessarily be put to vote
of the House, whereas all the Resolutions are required to be voted upon. Whib there is provision to move a
substitute motion to a main Motion, there is no such substitution possible in the case of a Resolution. Resolutions
may be classified as Private Membbr Resolutions, Government Resolutions and Statutory Resolutions.
Private Member Resolutions: Resolutions which are moved by Members other than Ministers are called Private
Member Resolutions.. They enable the government to gauge the feelings of the House with regard to proposals
which are still indefinite or may be ahead of public opinion. I
A member who wants to move Resoiution has
to give notice to the Secretary-General informing him of intention to move the same. lf a number of Mps wish to
give Note, it is decided by ballot, to allow them to give Notice. Three members in Lok Sabha and five in Rajya
Sabha are allowed to give notice of one resolution each. These resolutions are listed under Private Member
Resolutions. Allocation of time for Private Member Resolutions is done by the Committee on pM Bills and
Resolutions. Generally, last two and-a-half hours of the sitting on every alternative Friday are allotted for private
Member Resolutions. When called upon by the Chair, the MP conceined moves the Fiesolution and makes a
speech thereon. Other members and the Minister concerned also speak thereafter. Amendments could be moved
by other MPs. The mover of the Resolution has got a right of reply after the Minister's speech.
Government Resotutions: Resolutions moved by the Ministers are known as Government Resolutions. Ministers
also are required to give prior notice to the Secretary{eneral to move a resolution. Though no period has been
prescribed for this, in actual practice, ministers give such notices several days in
advance. These notices are also
subject to the same rules of admissibility as the private members resolutions. When. admitted, time for
discussion
is allotted on the recommendation of the Business Advisory Committee. Rest of the procedure to dispose
is the
same as in the case of Private Members Resolutions. Resolutions tabled by Ministers are generally
for ieeking the
approval of the House.to international treaties, conventions or agreements to which the government
is a party; or
for declaring or approving cedain policies national and international of the government; or for taking
-
approval to the recommendations of certain committees.
- the
Statutory Resolutions: These resolutions may be moved either by a'Minister or by a private Member. They
are
so called because they are always tabled in pursuance of a provision in the Constitution or an
Act of parliament.
Th91e t's no specific period of nofice for moving a statutory resolutions, unless the period
itself is prescribed in the
particular adicle of the Constitution or in the section of the statute
under which it is tabled. Rest of the procedure
to deal with such Resolutions are the same for Government Resolutions.
' A copy of all categories of Resolutions is forwarded to the minister concerned by the
Secretary-General,
after it has been passed by the House.
Effect of Motions or Resolutions adopted by the House: By voting on a motion or a resolution,
the House
declares its opinion with regard to the subject matter thereof ana it beiomes an order
of the House. As far as
their effect is concerned, resolutions passed by the Parliarnent fall in the following categories;
(i) Resolutions expressing merely an opinion of the House are not bindini on tire government.
As a matter
of practice, it is entirely the diiscretion of the government whether to giire effect io such
opinion or NoT,
(ii) Resolutions adopted in matters concerning its own proceedings are'binding and have
the force of law.
Their validity cannot be challenged in courts. .
(iii) Statutory Reso-lutions are binding on government and have the force of law. The Constitution provides
for this kind of resolutions to be moved for purposes like impeachment of the president,
removal of the
Vice-President, speaker, Deputy SR5akeq and the Deputy Chairman of the Rajya
Sabha; disapproval of
an Ordinance promulgated by the Preslden! empowering the Parliament to tegistate
on a subject in the
State List in national interest; creation of All lidia Services; and approval or dilapproval
of proclamation
of Emergenry
since the purpose of resotutions is merery to obtain an
-r{r::"'l#{:::::3ff#;i.r.j;'
opinion of the House,
' where the opposition may succeed in getting a
resolution passed by the House much against the wishes of the
treasury benches. There is no hard and'rasl rule as to
the questi;; or rurigna-tion by a government rhe only
broad principle is that a government is expected to resiqn
office or advice dissolution of the House, if it.is defeated
on a subject considered to.be a majol issue or on a-speciftc motion
of no-confidence brought forward by the
Opposition and bdopted by the House.
Committee' on Petitions.
OMMITTEES
SELECT & JOINT COMMITTEES
it is open to that House to refer it to a Select
When a Bill comes up before a Houseior general discussion,
Committee of the House or a Joint Committee of the two Houses'
1. COMMITTEE ON ESTIMATES
The
This Commiftee is a mechanisrn to ensure e*ective Farliarnentary control over nationat expendihrre.
presented tp the House to secure
objective of the committee is to provide detailed examination of the estimates
possible economies in the execution ofplans and programmes.
. This Committee consists. of 30 members *ho are elected by the Lok Sabha every year from amongst
its
from
membefs. R Minirt"r is not eligible for election to this Committee. Chairman is appointed by the $peaker,
is one
among tne members. If Deputy.Speaker is a member, hq is the Chairman. The term of the Committee "
year.
The main .function of the Committee .on Estimates is to report what economies, improvements in
organisation, efficiency, or administrative reform, consistent with the policy undeilying the estimates could be'
'effecteO and to suggest alternative policies in order to bring about efficiency and economy in administratitrn. From
time to time the Committee selects such of the estimates pertaining to a Ministry or a group of Minisbies or the
statutory and other Government bodies as may seem fit to the Committee. It may also suggest the form in which
the Estimates are to be prepared. The Committee also examines matters of special interest which may arise or
come to light in the course of its work or which are specifically referred to it by the House or the Speaker.
legislative competence of the House is challenged. The Committee, thus, pedorms the same function
in
relation to private Members'.Bills and Resjutions as the Business Advisory Committee does in regard
to Government Business. The Committee holds office for a term of one year. The report is submitted to the
Speaker.
9. Committee on Petititons
The Committee on Petitions consists of 15 members nominated by the Speaker. A Minister cannot be a
member. If a member, after his nomination to the Committee, is appointed a Minister, he shall cease to be
member of the Cornmittee. The Committee examines every petition referred to it by the House and reports to the
House, after taking such evidence as it deemed fit suggesting remedial measures either in a concrete form
applicable to the case under review or to prevent such cases in future. Besides, it also considers representations
from individuals and associations, etc. on subjects which are not covered by the rules relating to petitions and
gives directions for their disposal. After examination, the Committee may direct that it may be circulated either in
extenso or in summary form.
In accordance with the latest instructions of the Speaker, petitions which are not othenvise admissibte are
also informally placed before the Committee, for their consideration.
As regards Rajya Sabha, this Committee consists of ten members nominated by the Chairman. The
Chairman of the Committee is appointed by the Chairman from amongst the members of the Committee. If the
Deputy Chairman is a member of the Committee, he/she is the Chairman of the Committee. The Committee holds
office till a new Committee is nominated. Normally the Committee is reconstituted every year.
The reports of the Committee are presented to the House by the Chairman of the Committee or in his
absence by any.member of the Co4rnittee from time to time. A copy of the Report after its presentation to the
Council, is also sent to the first petitioner and to the Member countersigning the petition if any.
The Committee pursues with the Government the recommendations made in its reports presented to the
House from time to time in order to ensure their effective implementation. The Ministries/Departments of the
Government are asked to inform the Committee within six months from the date of presentation of the report
about the action taken or proposed to be taken by them on the reporb. The Committee is empowered, wherever
necessary, to present further repots on the petitions considered earlier by it.
Chairman of the Committee is appointed by the Chairman from amongst the members of the Committee.. The
Committee holds office till a new Committee is nominated. Normally the CLmmittee is reconstituted every year.
Committee or in his absence by 'any member of the Committee. After the report is piesented, a motion for
consideration of the report may be moved by the Chairman of the Committee or any other member of the
Committee. As a practice, the motion for consideration of the report is moved only in case some action is
recommended by the Committee. Any member may give notice of amendment to the motion for consideration of
the report in such form as may be considered appropriate by the Chairman.
The procedures are applicable for both the Houses
(a) there has been compliance with the provisions of the Constitution or the Act of Parliament
or any
. other law, rdle or regulation in put*u*" of which the doarment
has been so laid;
(b) there has been any unreaso""6l; ;;Gtln hying the document before the Codncil and if so, whether a
statement explaining ttre reasoni for such dela-y has also been laid
before the Council along with the
- document, unA *n"[t',"r those reasons are satisfactory; and
and if not, whether a
(c) the document has been laid before the Council Uon in English and Hindi also been laid before the
statement explaining the reasons for not laying the documenfin Hindi has
are satisfactory. The Committee
Council along with-ttre Oocument, and *'huiher those reasons
Table.as may be assigned to it by
;;;r such.other functions in respect of the papers lairJ on the
- --a' , - the Chairman or the Council from time to time. : i:
are expected not to raise points of order with regard to tabling of Government papers and all such'points are
referred for examination to the Committee.
CONSULTATIVE COMMITTEES
In addition to if,u Cabinet Committees and Parliamentary Committees, the system of iriformal consuttative
Committees was introduced in 1954; to enable the Members of parliambni
working of the Department/Ministry. They were subsequently formalised. The
toacquaint themselves with the
Minister for parliamentary
Afhirs
'nominates the members of Consultative
Committees. Mem'bers from. both the Houses are nominated. one
Member can be nominated to onty on" Cor*-itt*. nt'lo*ritteehas to be reconstituted every year -
n-ormally at the Budget Session. Chairman of the committee is the
Minister &.Vice-Chairman will the Minister of
State. Every year,..six meetingS. should be held. One meeting during the session and one inter-session.
m eetins s
B3[HlH:l'fli,i"fi;Hl g?:ff l'J Lii'ffi ffi :"J
A full-fledged system of L7 Departmentally Related Standing Committees came into
.
Number of such committees has been increased to 24. These Committees cover under
being in April, 1993.
their juiisdiction ail the
Ministries/ Departments of the Government of India. These Committees are as. under : ..