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WELCOME. Parlimentary Procedure. Parliamentary Terms: Parliament: Consists of President and two Houses Though President is constituent part of Parliament, he does not sit or participate in discussions of either of the house Rajya Sabha at present consists of 245 members
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Parlimentary Procedure • Parliamentary Terms: • Parliament: • Consists of President and two Houses • Though President is constituent part of Parliament, he does not sit or participate in discussions of either of the house • RajyaSabha at present consists of 245 members • Maximum strength envisaged for LokSabha is 550 apart from two nominated members(Anglo-Indians)
Parlimentary Procedure • Parliamentary Terms: • Summoning of House: • From time to time President summons each House of Parliament to meet& transact business • Gap between last sitting of one session and next session should not exceed six months • Sitting of the House: • Assembly of members at House to transact the business allotted on a day during session is termed as “sitting” & works as follows:
Parlimentary Procedure • Parliamentary Terms: • Questions- types: • Starred Question • Unstarred Question • Short Notice Question • Parliamentary committee • Well of the House • Zero hour • Questions: • What is a question? • Why is a question asked for by an MP?
Parlimentary Procedure • Questions: • Admissibility of questions – questions not admitted: • Questions referring to character or conduct of any person except in official or public capacity • Questions seeking expressions of opinion to an abstract legal question or a hypothetical proposition • Questions to which information available in accessible documents or in ordinary works of reference • Questions which are in substance repetitions of those answered previously • Questions the subject matter of which is pending before any court of law or before a parliamentary committee
Parlimentary Procedure • Questions: • Questions making discourteous reference to foreign countries with whom India has friendly relations • Questions seeking information, which are secret in nature • Questions to pursue a matter already under correspondence between member and minister or Ministry
Parlimentary Procedure • Questions: • Action in the Department: • Check whether question pertains to your department or not • If ‘No’ Desk Officer/Branch Officer to ring up the counterpart in Dept. to which question belongs for transfer • If request is accepted, Accepting dept. has to send an acceptance communication to Lok Sabha/Rajya Sabha • Question should be sent to officer concerned under intimation to Lok Sabha/Rajya Sabha Secretariat • If request is not agreed to, matter will be resolved at the level of Senior Officers without delay • If Department concerned declines to accept transfer, or communications accepting transfer is not received by Lok Sabha/Rajya Sabha Secretariat, question may be answered under compulsion
Parlimentary Procedure • Action in the Department: • Check whether the question pertains to your Desk/Section • Examine admissibility of the question • If required by the LS/RS Secretariat “Facts of the case” may be communicated to LS/RS Secretariat for deciding the admissibility of question • While communicating facts of a case to LS/RS Secretariat, information of confidential nature will be marked as such and RS/LS Secretariat is advised that the information should not be disclosed to member giving notice thereof • Collect information/materials to frame a draft reply and also note for supplimentaries • Devise proforma to collect information
Parlimentary Procedure • Action in the Department: • Information to be sought will be limited to what is not available • Only those concerned should be asked to furnish relevant information • Tabulation or compilation of information collected to frame answer or to prepare note for supplementary will be started without waiting for replies from all
Parlimentary Procedure • Drafting a reply: • Prepare tentative draft reply immediately on receipt of provisionally admitted list of questions • Prepare draft note for supplementary in case of Starred and short Notice Question • Review the drafts on receipt of printed list of question & if necessary revise reply • In preparing the draft reply, re-produce the parts of the questions and set out their replies in parallel columns against each part • If Starred Question, indicate the position of the question in the printed list on the top right hand corner
Parlimentary Procedure • Drafting a reply: • The draft be precise, unambiguous and complete. Avoid evasive expressions • As far as possible answer each part of question separately • As far as possible avoid interim reply • Place a copy of document whether published under authority of Govt. or otherwise • If a question is on printed list, it has to be answered even though the reply may be that it would not be in the public interest to give information asked for • When question is in Hindi, the reply will be in Hindi and it will be treated as authentic version. English version is treated as its translation • Add ‘Note for Supplementary” for use of Minister to all draft replies to starred questions and short notice questions
Parlimentary Procedure • Drafting a reply: • Add ‘Note for Supplementary” for use of Minister to all draft replies to starred questions and short notice questions • If inadvertently, an answer to a question contains any inaccuracy, it may be corrected after following the procedure prescribed
Parlimentary Procedure • Assurances: • What is an Assurance? • The procedure: • All assurances given by Minister are extracted by Ministry of Parliamentary Affairs & communicated to Ministry/Department concerned normally within 10 days of the date on which they are given • If administrative department has any objection to treat such item as assurance or finds that it would not be in the public interest to fulfill it, it will write to RS/LS Secretariat within a week of receipt of such communication for getting it deleted from list of assurances.Such action requires approval of Minister
Parlimentary Procedure • The procedure: • Departments keep watch of assurances given by their Ministers while replying to questions • Time limit: • Assurances required to be fulfilled within 3 months from the date of assurance • If there is genuine difficulties in fulfilling assurance within the period, the Ministry may, with the approval of the minister make reference to RS/LS Secretariat giving specific reasons for delay and probable time required • Extention may be granted by Committee on govt. assurances • Requests for extention should reach Secretariat concerned 7 days before expiry of stipulated period of 3 months or expiry of extension already sought
Parlimentary Procedure • Register of Assurances: • Maintained to monitor the implementation of various assurances • Maintained to ensure extension is sought in time without delay • Maintained separately for LS & RS & entries made session-wise • Section Officer scrutinize registers once a week • Ensure follow-up action is taken to fulfil assurance • Submit register to branch officer every fortnight , if house is in session otherwise once a month
Parlimentary Procedure • Fulfilment of an assurance: • Efforts should be made to fulfill assurance within prescribed time • If part of information is available and collection of remaining information involves considerable time, the available information should be supplied within time • Efforts made for expeditious collection of remaining information for complete implementation of assurance at the earliest is continued • Information to be supplied in partial or complete should be approved by Minister
Parlimentary Procedure • Number of copies: • If assurance was given to a member, 15 copies in English and Hindi should be sent to the MPA • For each additional member, one extra copy to be added • One copy in Hindi and English will be duly authenticated by the officer forwarding implementation report
Parlimentary Procedure • Committee on Government Service: • Each House has Committee on Govt. Service nominated by Chairman/Speaker • Committee of RajyaSabha has 10 members • Committee to scrutinize assurances given by ministers on floor of house & report to house, the extent to which such assurances have been implemented • Effect of the dissolution of he House: • Assurances given by minister on the floor of house, but pending implementation & a report has ben made by the Committee are deemed not to lapse on dissolution of the House