Manual of Parliamentary Procedures
Complete Study Notes
RSR = Rules of Procedure, Rajya Sabha | LSR = Rules of Procedure, Lok Sabha | PRO = 'Govt. & Parliament' Procedure | SD = Speaker's Directions | MPA = Ministry of Parliamentary Affairs | RS = Rajya Sabha | LS = Lok Sabha | MHA = Ministry of Home Affairs | OAMS = Online Assurances Monitoring System | MoLJ = Ministry of Law & Justice | FRBM = Fiscal Responsibility & Budget Management | DRSCs = Departmentally Related Standing Committees
Introduction
Chapter 1 โ Introduction
Compilation of procedures for handling Parliamentary work. Based on RSR, LSR, Speaker's Directions, and Ministry of Law guidelines.
- ๐This manual is a compilation of procedures to be followed by departments in handling different items of Parliamentary work.
- ๐Based on provisions contained in:
- โธRules of Procedure & Conduct of Business in the Lok Sabha (LSR)
- โธRules of Procedure & Conduct of Business in the Council of States โ Rajya Sabha (RSR)
- โธDirections by the Speaker under LSR
- โธ'Government & Parliament' โ Procedure to be followed by Ministries (PRO)
- โธMemorandum on preparation and passing of Bills โ Ministry of Law & Justice
- ๐ญThe manual does not claim to interpret authoritatively the rules of procedure. In all cases of doubt, the original publications should be consulted.
- ๐Departments may issue supplementary instructions from time to time on various aspects.
| Term | Meaning |
|---|---|
| Accessible documents | Documents other than (i) classified documents and (ii) documents marked "for official use only" |
| Article | An article of the Constitution of India |
| Branch officer | Officer who takes work directly from a section |
| Bulletin | Bulletin of each House of Parliament |
| Classified documents | Documents or information bearing security grading |
| Department | Any Ministry/Department/Secretariat in the First Schedule to Allocation of Business Rules, 1961 |
| Financial Bill | Bill making provision for matters in sub-clauses (a)โ(g) of Art. 110(1) |
| House | Rajya Sabha or Lok Sabha, as the case may be |
| Joint Committee | Committee of members from both Houses (not a committee of one House with associated members of the other) |
| List of business / Order paper | List of business to be transacted by a House on a particular day (includes supplementary & revised lists) |
| Money Bill | Bill containing only provisions of Art. 110(1)(a)โ(g), certified by the Speaker |
General Instructions
Chapter 2 โ General Instructions
Parliament Unit, Priority for papers, Official Gallery attendance, Briefs for Ministers, Corrections to speeches, Record keeping.
- โ๏ธProcedure regulated by rules under Article 118 of the Constitution; financial business under Article 119 (no law made under Art. 119 so far).
- ๐Principle of collective responsibility requires Ministers to explain every Government action. Ministry/Department must be ready to brief the Minister or Cabinet adequately.
- ๐คAll officers expected to anticipate matters likely to be raised in Parliament and keep ready as much information as possible.
- ๐ขEach Ministry/Department has a full-fledged Parliament Unit โ central coordinating point for all Parliamentary work. Key functions:
- โธServe as central coordinating point for all Parliamentary work
- โธKeep in touch with RS/LS Secretariat & MPA for advance intimation
- โธReceive all dak from RS/LS Secretariat and MPA through central registry
- โธTransmit papers to concerned officers/sections without delay
- โธRemind officers for prompt and timely disposal
- โธPrepare the pad for the Minister and senior officers
- โธEnsure Parliament Assistant is present in Official Gallery during Question Hour
- โธArrange for one officer available every day when House is in session from 09:00 hrs till half hour after adjournment
- ๐ฌAll Parliamentary work dak from RS/LS Secretariat and MPA โ delivered at once to Parliament Unit. Night duty clerk reads it over to Parliament Assistant on telephone at once.
- ๐All references from RS/LS Secretariat and MPA โ given utmost priority.
- ๐Each Ministry/Department will specify levels at which papers are submitted at (a) dak stage, and (b) final approval.
- ๐คWhich officer shall be present in Official Gallery for different kinds of business โ laid down by departmental instructions
- ๐Officer present will have all relevant papers including duplicate of set submitted to Minister
- ๐จNo communication addressed directly to Chairman/Speaker โ all communications to be addressed to designated officers of RS/LS Secretariat.
- ๐ญOfficer present in Official Gallery must have all relevant papers including duplicate set submitted to the Minister.
- ๐During general debates (Budget, President's Address) โ roster of officers drawn up; copies of notes to reach Secretary and Minister same evening.
- ๐Material for RS/LS โ got translated into Hindi pending approval by Minister (2.10).
- ๐While supplying information for admissibility, examine from these angles (Para 2.11):
- (a)Whether subject matter falls outside jurisdiction of Central Government
- (b)Whether the issue has been considered before in Parliament or by Government โ if so, with what results
- (c)Whether there is any objection on grounds of policy or public interest
- (d)Whether any reference or statement made is factually incorrect
- ๐Briefs for Minister: short, complete, with supporting material; sent well in time (2.12).
- โ๏ธCorrections to Minister's speeches: returned by 15:00 hrs next day. Only minor corrections allowed. Extensive changes โ correcting statement in the House (2.13).
- ๐Each Ministry/Department to maintain record of Parliamentary proceedings โ questions, half-an-hour discussions, call attention notices, etc. (2.15).
Questions
Chapter 3 โ Questions
Three types: Starred (oral + supplementaries), Unstarred (written only), Short Notice (urgent). 5-day notice. Question Hour is first hour of every sitting.
- ๐ RS/LS Secretariat gives at least 5 days' notice to the Minister. In practice, an advance copy in provisionally admitted form is forwarded online/e-mail.
- ๐On receipt of provisionally admitted question, concerned section examines:
- (a)If not pertaining to the Ministry โ branch officer rings up the other Ministry for transfer. If not agreed โ Secretary-level discussion. After printing, no transfer.
- (b)If pertains to another section โ transfer settled at SO/BO level.
- (c)Examined for admissibility under relevant rules.
- ๐Transfer by agreement: Branch officer rings up the other Ministry. If agreed โ transfer immediately โ inform RS/LS Secretariat on phone + written communication to Question Branch.
- โ ๏ธIf other Ministry does not agree โ Secretary-level discussion to resolve. After printing, no transfer effected.
- ๐If differences persist โ reference to Cabinet Secretariat with details of discussions, with Secretary's approval.
- ๐จFacts communicated as expeditiously as possible through e-mail โ within 48 hours (RS) or 24 hours (LS) of receipt. If delay โ interim reply.
- ๐Confidential information marked as such โ Secretariat advised not to disclose to member.
- ๐Preparation of tentative draft reply started immediately on receipt of provisionally admitted question.
- โ๏ธReply: precise, unambiguous, complete. Avoid evasive expressions or unintended assurances.
- ๐ซAssurances generally NOT given in reply to Starred Questions.
- ๐If reply takes >15 seconds to read โ attach statement for Table of the House.
- ๐Even if not in public interest to answer, must be answered if on printed list.
- ๐Note for supplementaries: comprehensive but brief, covering likely supplementaries.
- ๐คReply in same language as question (Hindi/English) + translation in other language. Both versions simultaneously.
- ๐ปUploading: Starred Q answers by 10:00 hrs on the day. Unstarred Q answers immediately after Question Hour (12:00).
- ๐ซReplies no advance publicity until given on floor / laid on Table.
- โกWithin Minister's discretion to accept. If not accepted โ Chairman/Speaker may direct it as first question on oral answer list.
- ๐If received outside office hours โ sent to branch officer's residence after consulting Parliament Unit.
- ๐Parliament Unit circulates in advance a list showing distribution of starred questions among Ministers for a particular day
- ๐ขIf another Minister to answer โ communicated to RS/LS Secretariat by 15:00 hrs on preceding working day
- ๐ซReplies to questions which Ministers propose to give โ no publicity until answers given on floor / laid on Table
- โ ๏ธDraft replies to certain questions require approval of the Prime Minister
- ๐Detailed instructions issued by PMO specifying type/nature of questions requiring such approval and procedure โ to be observed
- โ๏ธIf Minister while replying varies the answer โ Ministry immediately communicates to RS/LS Secretariat and Information Officer โ necessary corrections made in copies already supplied
- ๐Starred & Short Notice Questions:
- LS:300 English + 200 Hindi (original notice in English); 300 English + 300 Hindi (original in Hindi)
- RS:290 copies (115 Distribution Branch + 175 Question Branch)
- ๐Unstarred Questions:
- LS:200 English + 100 Hindi (original in English); 200 English + 200 Hindi (original in Hindi)
- RS:175 copies (115 Distribution Branch + 60 Question Branch)
- ๐ฐPIB: 400 English + 100 Hindi (or 500 if bilingual obverse/reverse)
- ๐ปRajya Sabha: Upload Question + Answer on http://pqars.nic.in by 13:00 hrs on the date of answer
- ๐ปLok Sabha Starred: Upload on http://pqals.nic.in by 10:00 AM on the day listed (for supplementary preparation)
- ๐ปLok Sabha Unstarred: Upload immediately after Question Hour on the day laid on Table
- โ๏ธIf inaccuracy in answer โ Minister gives notice within one week to Secretary General for correcting statement.
- ๐Copies to reach RS/LS Secretariat by 15:00 hrs on working day preceding statement.
- ๐Chairman/Speaker may allot half-an-hour for discussion on a matter of sufficient public importance arising out of a recent question answer.
- ๐Restricted to: (a) member's short statement, (b) Minister's short reply, (c) supplementary questions by other members (max 4 in LS).
Laying of Papers on the Table of the House
Chapter 4 โ Laying of Papers on the Table of the House
Two clear sitting days' notice. Authentication by Minister. Hindi & English simultaneously. Sensitive notifications (Customs/Excise) laid same day.
- ๐ At least two clear sitting days' notice required for laying a document.
- โกLess than 2 days' notice โ only with permission of Chairman/Speaker (through RS/LS Secretariat).
- ๐One copy each (Hindi & English) authenticated by Minister on front page.
- ๐ฐReports released to Press only after laying on Table.
- ๐ซPapers not sent during period between adjournment sine die and notification of next session.
- ๐Hindi & English versions to be laid simultaneously. If not possible โ statement explaining reasons + waiver from Presiding Officer.
- ๐คIf Minister not present โ inform Chairman/Speaker in advance the name of substitute Minister. Copy to MPA and Table Office at least 1 hour before sitting.
- โฐIf undue delay โ statement giving reasons for delay also laid.
- โ ๏ธNotifications making changes in export/import/excise duties >โน50 lakhs per annum โ published in Gazette Extraordinary.
- ๐ If sent to press before 18:00 โ laid same day before adjournment. Copies to Table Office by 14:00 hrs.
- ๐If sent to press after 18:00 โ copies circulated to MPs by midnight; formally laid at next sitting.
- ๐Other notifications โ laid within 7 days of publication. If House not in session โ within 7 days of next session.
Motions, Official Statements, Short Duration Discussions & Resolutions
Chapter 5 โ Motions, Official Statements, Short Duration Discussions & Resolutions
Adjournment Motions (LS only), Calling Attention Notices, Official Statements, Short Duration Discussions, Official & Private Members' Resolutions.
- ๐ขMember gives notice to Secretary-General, Lok Sabha. Copies to Speaker, Minister concerned, and MPA.
- ๐Parliament Unit collects notices daily from Table Office between 10:30โ11:00 hrs and 16:00โ16:30 hrs.
- โฐTaken up in House immediately after Question Hour or at 11:00 if no Question Hour.
- ๐จIf Speaker refers to Minister for facts โ communicated before adjournment that day or by 10:00 hrs next day.
- ๐ขMember calls attention of Minister to matter of urgent public importance and requests a statement.
- ๐จFacts to RS/LS Secretariat within 24 hours in writing or phone.
- ๐Minister may make statement or ask for time. Lengthy statement (>3 pages) โ laid on Table.
- ๐Minister's suo moto statement โ intimation to RS/LS Secretariat by 15:00 hrs on previous working day.
- ๐ Statement on Monday โ intimation by 15:00 hrs preceding Friday.
- โฐShorter notice โ previous permission of Presiding Officer before 10:00 hrs on the day.
- ๐Secret statement โ copy supplied confidentially to Chairman/Speaker in advance.
- ๐Copies to RS/LS Secretariat: one day in advance, or by 10:00 hrs on the day at latest.
- ๐ขMember or Minister may move motion on matter of general public interest. Must raise one definite issue; restricted to recent occurrence.
- ๐ Official motion โ at least 5 days' notice to Parliament Secretariat.
- ๐If admitted but no day fixed โ notified as "No-Day-Yet-Named Motion" in Bulletin.
- โฐDiscussion on a matter of urgent public importance for short duration. Written notice to Secretary-General.
- ๐Official Resolutions โ Step-by-step procedure:
- (a)Prepare draft of the resolution and explanatory note
- (b)Consult other Ministry/Departments concerned, if necessary
- (c)Obtain approval of the Cabinet, where necessary under Transaction of Business Rules
- (d)Give adequate notice โ at least 10 days before termination of session โ to MPA in Part II of Annex 1
- (e)Forward resolution duly signed by Minister to Secretary-General, RS/LS with endorsement to MPA
- (f)Submit a detailed brief for the use of the Minister
- ๐Private Members' Resolutions: Brief stating whether to accept / accept with amendment / request withdrawal / oppose. 5 copies each (Hindi+English) โ MPA โ Cabinet Committee on Parliamentary Affairs.
- ๐Brief will state categorically whether proposed to: accept / accept with amendment / request withdrawal (failing which oppose) / oppose
- ๐Standard formulation: "The member may be persuaded to withdraw the resolution. In case the member does not agree, the resolution may be opposed in the present form or any other modified form."
- ๐5 copies each (Hindi + English) of approved brief โ sent to MPA โ placed before Cabinet Committee on Parliamentary Affairs โ decision communicated to Ministry
- ๐Member gives at least 1 day's notice of amendment. Branch officer: (a) submit brief for Minister; (b) prepare supplementary note unless already covered by existing brief.
President's Address
Chapter 6 โ President's Address
Art. 87(1) โ President addresses both Houses assembled together. Budget Session. Motion of Thanks. PM replies. Material furnished in December.
- ๐คPresident addresses both Houses assembled together at commencement of: (a) first session after each general election to LS, (b) first session of each year (usually Budget Session).
- ๐Reviews important happenings of preceding year + broad indication of Government's policies/programmes.
- ๐ขAfter address โ general discussion on Motion of Thanks in each House. PM replies. Motion put to vote.
- ๐ In December each year, PMO calls upon Ministries to furnish material. MPA requests list of legislative proposals.
- ๐Sections prepare material โ approved by Joint Secretary โ coordinating section consolidates โ approved by Minister โ transmitted to PMO/MPA.
- ๐คOfficer deputed by rotation to Official Gallery during discussion on President's Address.
- ๐President's Address available on official website. Ministries examine for follow-up action.
- ๐Members may move amendments to Motion of Thanks. Suitable brief prepared for Minister/PM.
Budget
Chapter 7 โ Budget
Art. 112 โ Annual Financial Statement. Since 2017, Railway merged. Presented 1st Feb. Cut Motions. Guillotine. Appropriation & Finance Bills.
Union Budget โ Key Facts
Article 112(1) โ Annual Financial Statement. Since 2017, Railway Budget merged with General Budget. Presented on 1st February at 11:00 hours in Lok Sabha. Laid on Table of Rajya Sabha after FM's speech. No discussion on presentation day.
- ๐ In January each year, Ministry of Finance calls upon Ministries/Departments to furnish material for FM's budget speech
- ๐(a) Coordinating section initiates action well in time in anticipation of MoF communication
- ๐(b) Sections prepare material โ forward to coordinating section after Joint Secretary's approval
- ๐(c) Coordinating section: (i) consolidates into integrated document; (ii) obtains Secretary's approval; (iii) transmits to Ministry of Finance
- ๐ In January each year, Ministry of Finance calls upon Ministries to furnish material for FM's budget speech
- ๐(a) Coordinating section initiates action well in time in anticipation
- ๐(b) Sections prepare material โ forward after Joint Secretary's approval
- ๐(c) Coordinating section: (i) consolidates into integrated document; (ii) obtains Secretary's approval; (iii) transmits to Ministry of Finance
- ๐(a) Annual Financial Statement (AFS)
- ๐(b) Demands for Grants (DG)
- ๐ฐ(c) Finance Bill
- ๐(d) FRBM Act Statements:
- i.Macro-Economic Framework Statement
- ii.Fiscal Policy Strategy Statement
- iii.Medium Term Fiscal Policy Statement
- ๐(e) Expenditure Budget
- ๐(f) Receipts Budget
- ๐(g) Expenditure Profile
- ๐(h) Memorandum Explaining Provisions of the Finance Bill
- ๐(i) Budget at a Glance
- ๐(j) Outcome Budget
- ๐ขGeneral discussion confined to budget as a whole or question of principle. FM has right to reply in both Houses.
- โ After general discussion โ Vote on Account passed.
- ๐After recess, Demands for Grants discussed in LS per Business Advisory Committee timetable.
| Type | Formula | Purpose |
|---|---|---|
| Disapproval of Policy Cut | "Demand reduced to Re. 1" | Disapproval of policy underlying the demand |
| Economy Cut | "Demand reduced by specified amount" | Economy that can be effected |
| Token Cut | "Demand reduced by Rs. 100" | Ventilate a specific grievance |
- ๐(a) A concise brief prepared in advance on broad lines indicated by JS/Secretary โ giving Minister a synoptic view of Ministry/Department working to answer criticism
- ๐(b) Standing notes on important topics kept up to date for reference at short notice
- ๐ค(c) Officer deputed by rotation to Official Gallery during general discussion on Budget and consideration of Finance & Appropriation Bills
- ๐๏ธ(d) Concerned branch officers and higher officers present in Official Gallery when Demands for Grants of their Ministry are discussed
- โ๏ธAdmissibility regulated by LSR 210, 211 and 212
- ๐On receipt of notice of cut motions โ suitable brief prepared on each of the more important specific points for Minister's use, supplementing the general overall brief
- โฐGuillotine: On last allotted day, Speaker puts all outstanding Demands to vote. Ministers must be present.
- ๐Appropriation Bill introduced in LS after voting on Demands. Transmitted to RS for consideration and return.
- ๐Finance Bill (taxation proposals) considered and passed by LS after Demands are voted.
- ๐Annual Reports prepared well in advance. Made available after Budget presentation but before discussion of Demands.
- ๐Outcome Budget โ shows physical dimensions and measurable deliverables โ required by Ministry of Finance.
- ๐ Preparation initiated in first week of December of the year to which report relates.
- ๐Copies made available to members at least 1 week before adjournment for recess during Budget Session.
- ๐ซReport released only after presentation of Budget.
- ๐Outcome Budget โ shows physical dimensions and measurable deliverables โ required by Ministry of Finance.
- ๐ขSocieties receiving one-time assistance โฅ โน50 lakh โ lay Annual Reports before Parliament. Societies receiving โน10 lakh to <โน50 lakh โ Ministry includes statement in its own Annual Report.
- ๐Copies: LS Secretariat (150 Eng + 100 Hindi), RS Secretariat (150 Eng + 50 Hindi), PIB (50 each), MPA (5 each), State Govts (2 each), Parliament Library (5 each).
Assurances
Chapter 8 โ Assurances
Assurances fulfilled within 3 months via OAMS. Culled within 20 working days. Implementation Reports in Hindi & English. Committee on Govt. Assurances.
- ๐An assurance includes: promise, undertaking, or any statement implying commitment to take action or furnish information later. Standard list at Annex 3.
- โฐTo be fulfilled within 3 months from date of assurance.
- ๐ปAll processes managed through OAMS (Online Assurances Monitoring System). No offline mode accepted.
- ๐Extracted by MPA from proceedings and communicated to Department through OAMS normally within 20 working days.
- ๐ซIf objection to treating as assurance / not in public interest โ upload request at OAMS within 1 week. Requires Minister's prior approval.
- โฐIf not possible within 3 months โ seek extension at OAMS as soon as need apparent, with reasons, progress, and Minister's approval.
- ๐Parliament Unit maintains register (Annex 4). Concerned section maintains separate register (Annex 5). Maintained separately for LS and RS, session-wise.
- ๐คSection Officer: scrutinize weekly, ensure follow-up, submit to BO every fortnight (session) / monthly (inter-session).
- ๐คBranch officer will keep higher officer and Minister informed of progress in implementation, drawing special attention to causes of delay
- ๐If only part of information available โ upload IR at OAMS in part fulfillment within prescribed time limit. Continue efforts for complete implementation.
- โ Information for partial/complete fulfillment โ approved by Minister โ uploaded at OAMS in both Hindi & English in prescribed proforma (Annex 6) with enclosures
- ๐After online submission โ 4 hard copies each in Hindi & English (1 copy each version duly authenticated) sent to MPA for laying until e-laying adopted
- ๐ซIR sent by any other mode or directly to RS/LS Secretariat โ NOT considered for laying
- ๐MPA, after scrutiny of IR, arranges to lay it on Table of the House
- ๐จCopy of IR as laid โ forwarded by MPA to the member(s) concerned
- ๐ปDetails of laying made available by MPA at OAMS. Parliament Unit and concerned section update their records based on OAMS
- ๐Where obligation to lay any paper (rule/order/notification) on Table AND an assurance has also been given โ paper laid first in fulfillment of obligation, independent of assurance
- ๐After laying โ formal report regarding implementation of assurance submitted at OAMS indicating date on which paper was laid
- ๐Ministries/Departments will, in consultation with MPA, scrutinize reports of the two Committees for remedial action wherever called for
- ๐ฅEach House has Committee on Government Assurances (nominated by Chairman/Speaker). Scrutinizes IRs and delays.
- ๐On dissolution of Lok Sabha โ pending assurances do NOT lapse. New Committee selects those of public importance for retention.
Legislation
Chapter 9 โ Legislation
Pre-drafting โ Drafting (30 days) โ Cabinet โ President's Recommendation โ Introduction โ Standing Committee โ Passage โ Assent โ Gazette.
Formulation of Legislative Proposals (9.2a)
Ministry formulates proposals in consultation with all interests โ administrative & financial points of view.
Consultation with Ministry of Law & Justice (9.2b)
Referred for advice on legal & constitutional feasibility โ general advice without going into details.
Self-Contained Note for Cabinet (9.2c)
Prepared in consultation with Ministry of Law & Justice (Legislative Dept.) and other concerned Ministries.
Papers to Legislative Dept. for Drafting (9.2d)
Office Memorandum with: complete details, background material, relevant details, draft Note for Cabinet. Administrative Ministry does NOT attempt a draft Bill.
- ๐Ministry of Law & Justice (Legislative Dept.) prepares draft Bill ordinarily within 30 days from receipt, after clearance from Dept. of Legal Affairs.
- ๐If >25 clauses โ include table showing arrangement of clauses. Amending Bill โ relevant extracts of original Act.
- ๐๏ธNote for Cabinet shall contain:
- (a)State the legislative proposals โ clearly bringing out need, scope and object
- (b)Incorporate views of other concerned Ministries/Departments
- (c)Set out all implications of the proposed legislation
- (d)Include draft of the proposed Bill as Appendix II
- ๐(a) Statement of Objects & Reasons โ to be signed by the Minister
- ๐(b) Notes on Clauses โ appended to Statement of Objects & Reasons if Bill is of a complicated nature
- ๐ฐ(c) Financial Memorandum โ prepared in consultation with Ministry of Finance, for Bills involving expenditure. Clauses involving expenditure printed in thick type.
- ๐(d) Memorandum regarding Delegated Legislation โ explaining scope of proposals and whether normal or exceptional character
- โ๏ธAll the above documents also shown to Ministry of Law & Justice (Legislative Dept.) before finalization.
- ๐Recommendation of President required for: (i) new States / alteration of boundaries (Art. 3); (ii) Money Bill matters (Art. 117(1)); (iii) tax affecting States (Art. 274); (iv) consideration of Bill involving expenditure from CFI (Art. 117(3)) โ obtained separately for each House.
- ๐Previous sanction of President for: Bill on language matters under Art. 348(1).
- ๐Legislative Dept. sends finalized Bill to Govt. of India Press for proof copy
- ๐After proof โ 2 copies each (English + Hindi) authenticated by Legislative Counsel sent simultaneously to: (i) Secretariat of the House for introduction; (ii) MPA
- ๐RS/LS Secretariat prints Bill at every stage โ sends copy to admin Ministry and Legislative Dept. for scrutiny โ returned within a day
- ๐After scrutiny โ copies circulated to members along with errata, if any
- ๐After introduction, Minister may move (RSR 69, LSR 74):
- (a)That the Bill be taken into consideration and passed (Annex 11)
- (b)That it be referred to a Select Committee of the House (Annex 12)
- (c)That it be referred to a Joint Committee of both Houses with concurrence (Annex 13) โ except Money Bills
- (d)That it be circulated for eliciting public opinion (Annex 14)
- ๐Consult MoLJ and MPA โ obtain Cabinet approval
- โกIf no time for Cabinet โ Minister decides in consultation with PM. Ex post facto Cabinet approval obtained.
- ๐Statement giving reasons for withdrawal โ duly authenticated by Minister โ sent to RS/LS Secretariat at least 5 days before the motion date
- ๐Copies: RS โ 300 English + 100 Hindi; LS โ 650 English + 350 Hindi
- ๐Form depends on stage: Annex 15 (Bill in same House) or Annex 16 (Bill passed by one House, pending in other)
- ๐ฅStrength and report submission date indicated by concerned Ministry. Names of members suggested by MPA.
- ๐คChairman of Committee appointed by Chairman/Speaker. All meeting matters handled by RS/LS Secretariat.
- ๐ขA Minister, even if not a member, may address the Committee with Chairman's permission
- ๐Government amendments drafted by Legislative Dept. Notice given by Minister (member of committee) in Annex 18, at least 1 day before the sitting
- ๐For Joint Committee โ concurrence motion (Annex 17) moved in the other House
- ๐ขWhen Bill is to be circulated โ necessary action taken by RS/LS Secretariat, which also addresses State Governments
- ๐After presentation of report โ Minister may move that the Bill as reported:
- (a)Be taken into consideration and passed
- (b)Be recommitted to the same or another committee
- (c)Be recirculated for obtaining further public opinion
- ๐When motion for consideration is carried โ Bill taken up for clause-by-clause consideration. Members may move amendments.
- ๐9.18.1: Copies of member's amendments sent by RS/LS Secretariat to Ministry โ branch officer prepares briefs for Minister's response
- ๐9.18.2: Government amendments drafted by Legislative Dept. Notice in Annex 19 sent by Minister to Secretary General. Copies to MPA and Legislative Dept.
- โ๏ธ9.18.3: Amendments under Art. 117(1) and 274 โ require President's recommendation/sanction (except for reduction/abolition of tax)
- ๐๏ธ9.18.4: Proposals to amend Bill โ submitted to Cabinet for approval. If no time โ Minister decides with PM; ex post facto Cabinet approval.
- ๐(a) Copy of Bill as passed โ sent by RS/LS Secretariat to Legislative Dept. for correcting patent errors and making consequential changes
- ๐(b) Changes accepted by Chairman/Speaker incorporated before transmission to the other House
- ๐9.20.1: After Bill laid on Table of other House โ Minister gives notice of motion (Annex 20) + communicates President's recommendation where necessary
- ๐9.20.2: If passed with amendments โ Ministry determines if revised Financial Memorandum and/or Delegated Legislation Memorandum needed (Annex 21)
- ๐(a) After Bill passed by both Houses โ RS/LS Secretariat sends two copies (certified by Secretary General) to Legislative Dept.
- ๐(b) Legislative Dept. examines and submits to President for assent
- ๐ (c) Where date of assent is important โ MPA advised well in advance by concerned Ministry
- ๐(d) Legislative Dept. keeps in touch with President's Secretariat for the purpose
- ๐ (e) Date of assent = date Bill becomes Act. Intimated to concerned Ministry and MPA. One copy with President's signature retained by Legislative Dept., other returned to RS/LS Secretariat. President's Secretariat retains spare copy.
- ๐ฐ(a) Legislative Dept. publishes Act in Gazette of India Extraordinary
- ๐จ(b) Forwards copies to all State Governments for publication in State Official Gazettes
- ๐(c) Gets copies printed in suitable form for sale to public
- ๐9.23.1: When Private Member gives notice โ RS/LS Secretariat sends copy of Bill to concerned Ministry
- โ๏ธ9.23.2: Ministry consults MoLJ on competence of Parliament to enact the measure
- ๐๏ธ9.23.3: Government's policy settled with approval of Cabinet Committee on Parliamentary Affairs (paras 5.8.3-5.8.4 apply)
- ๐9.23.4: President's recommendation under Art. 117(1) and/or (3) for private members' Bills โ ordinarily granted unless very exceptional circumstances. If Ministry feels recommendation should be withheld โ 5 copies of brief to MPA for CCPA approval.
- ๐9.24.1: Procedure for Bills applies mutatis mutandis to Ordinances under Art. 123(1)
- ๐9.24.2: After terms settled โ Legislative Dept. submits to President through: concerned Minister โ Prime Minister. Includes: (a) spare copy of Ordinance; (b) copy of Cabinet Note; (c) copy of Cabinet decision.
- ๐ 9.24.3: Admin Ministry informs Legislative Dept. of date and time of delivery to President's Secretariat
- ๐ฐ9.24.4: Legislative Dept.: (a) publishes in Gazette of India Extraordinary; (b) informs Ministry and MPA; (c) forwards copies to State Governments
- ๐(a) Legislative Dept. supplies 75 copies each (Hindi + English) to MPA for laying on Table. Also 5 copies to RS/LS Secretariat.
- ๐(b) Ministry indicates to MPA whether proposed to replace Ordinance by Act. Sufficient copies supplied to RS/LS Secretariat for members.
- ๐(c) If replacing by Act โ Bill kept ready for introduction as far as possible on opening day of session
- ๐(d) Statement explaining circumstances which necessitated Ordinance โ prepared in consultation with Legislative Dept. โ laid on Table at time of introduction of replacing Bill. Circulated to members.
- ๐(e) If Ordinance embodies provisions of a Bill pending before House โ statement explaining circumstances laid on Table at commencement of next session
- ๐๏ธArt. 246(4): Parliament has power to legislate on any matter for Union Territories
- ๐Puducherry: Has Legislative Assembly under Govt. of UT Act, 1963 โ powers on List II (State) and List III (Concurrent)
- ๐NCT Delhi: Has Legislative Assembly under Art. 239AA โ powers on List II and III, except Entries 1, 2, 18 of State List and Entries 64, 65, 66 relating thereto
- ๐A&N, Chandigarh, Daman & Diu, Dadra & Nagar Haveli, Lakshadweep: Have Advisory Committees set up by MHA
- ๐ Particulars of Bills proposed for a session โ sent to MPA in Part I of Annex 1, at least 1 month before session commencement.
- ๐๏ธBills under Art. 109 read with Art. 110(1) and 117(1) โ introduced in Lok Sabha only. Other Bills โ House decided in consultation with MPA.
- ๐ Notice required: 7 days in LS (Direction 19A), 5 days in RS.
- ๐Copies of Bill available to members for at least 2 days before introduction (Direction 19B).
- ๐If exemption from Direction 19A/19B needed โ Minister requests Chairman/Speaker with full reasons (Annex 10). For LS: must also consult leaders of parties.
- ๐Copies for exemption memorandum: 300 (RS) / 500 (LS) English + 100 (RS) / 300 (LS) Hindi.
- ๐ฅDRSCs examine Bills referred by Chairman/Speaker. Not referred: Appropriation Bills, Finance Bills, Bills replacing Ordinances, trivial Bills.
- โกIf urgency โ Minister requests Presiding Officer not to refer to Standing Committee, with reasons, under intimation to MPA.
- ๐Puducherry: Administrator refers Bills to Central Govt. for prior approval if: reserved for President (S.21/25), Concurrent List, Art. 304, additional financial assistance, universities, minority/SC/ST interests.
- ๐NCT Delhi: Lt. Governor refers Bills to Central Govt. if: reserved for President, Art. 286/287/288/304, additional financial assistance.
- ๐Both dealt with in MHA in consultation with MoLJ and other Ministries.
- ๐President makes Regulations for: A&N Islands, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep, Puducherry (Puducherry only when Assembly dissolved/suspended). Initiated by MHA in consultation with concerned Ministries. Cabinet approval โ Legislative Dept. finalizes โ submitted to President through Minister of Home Affairs.
Legislation in Respect of States Under President's Rule
Chapter 10 โ Legislation in Respect of States Under President's Rule
Art. 356 Proclamation. Legislature powers exercisable by Parliament or under its authority (Art. 357). Cabinet approval after Bill finalization.
- ๐ดUnder Presidential Proclamation, powers of State Legislature exercisable: (a) by Parliament; or (b) under authority of Parliament (Art. 357).
- ๐Proposals may be by Central Ministry or State Government. Consult MHA. Procedure same as Chapter 9 with appropriate changes.
- ๐Power delegated to President โ proposals by Central Ministry or State Government.
- ๐๏ธCabinet approval obtained after finalization of draft Bill (not before, unlike normal legislation).
- ๐Proposals can be sponsored by: (a) Ministry/Department concerned at Centre suo moto; OR (b) the State Government concerned
- ๐Central proposals (10.5): Consult other Ministries, MHA, and State Government at earliest stage. Follow Chapter 9 procedure โ but Cabinet approval taken after finalization of draft Bill (not before)
- ๐State proposals (10.6): State Govt. sends to Central Ministry with: (a) draft Bill; (b) detailed note (nature of Cabinet Note); (c) statement of reasons signed by Secretary; (d) note on financial implications; (e) copies of parent Act
- ๐Scrutiny: Central Ministry: (a) examines necessity and urgency in consultation with State Govt., MHA, and other Ministries; (b) refers to MoLJ; (c) re-consults State Govt. before any changes
- ๐If changes (other than routine/technical) are needed after Consultative Committee deliberation โ Ministry obtains fresh Cabinet approval
- ๐After finalization โ Bill sent to Legislative Dept. with Statement of Objects & Reasons signed by Secretary
- ๐Ministry takes steps to lay all such Acts on Table of each House as soon as may be, after enactment
- ๐จUnder intimation to Legislative Dept., MHA, and State Government concerned
- โ๏ธIf Houses direct any modification โ Ministry takes steps to give effect by enacting an amending Act by President
- ๐Proposals can be sponsored by: (a) Ministry concerned at Centre suo moto; OR (b) State Government
- ๐Central proposals: Consult other Ministries, MHA, State Govt. Follow Chapter 9 โ Cabinet approval taken after finalization of draft Bill
- ๐State proposals: State Govt. sends: (a) draft Bill; (b) detailed note; (c) statement of reasons signed by Secretary; (d) note on financial implications; (e) parent Act copies
- ๐Scrutiny: Ministry: (a) examines necessity/urgency with State Govt., MHA, other Ministries; (b) refers to MoLJ; (c) re-consults State Govt. before changes
- ๐If changes (other than routine/technical) after Consultative Committee โ fresh Cabinet approval
- ๐After finalization โ Bill sent to Legislative Dept. with Statement of Objects & Reasons signed by Secretary
- ๐All Acts laid on Table of each House as soon as may be after enactment
- ๐จUnder intimation to Legislative Dept., MHA, and State Government
- โ๏ธIf Houses direct modification โ effect given by enacting amending Act by President
- ๐If required, 150 copies of Bill + 15 copies of detailed brief supplied to MHA for the Committee.
- ๐Ministry of Law & Justice obtains President's assent and publishes in Gazette of India and State Gazette.
- ๐Acts laid on Table of each House as soon as may be. Statutory rules of State Govt. laid before Parliament (instead of State Legislature).
Subordinate Legislation
Chapter 11 โ Subordinate Legislation
Rules/regulations/bye-laws. Framed within 6 months. Pre-publication 30 days. Laid within 15 days. Committee on Subordinate Legislation scrutiny.
- ๐Rules, regulations, bye-laws notified in Gazette under powers vested by Constitution/Acts โ Subordinate Legislation.
- โ๏ธFramed by Ministry โ referred to Ministry of Law & Justice for vetting from constitutional, legal, and drafting point of view.
- โ Required consultations made
- โ If retrospective โ explanatory memorandum that no person adversely affected
- โ If superseding/repealing โ up-to-date copies of existing rules on file
- โ Competent authority approval obtained
- ๐Frame draft โ publish in Gazette inviting objections within 30 days โ consider objections โ if large objections: final rules within 6 months; if small/nil: within 3 months โ finalize with MoLJ.
- ๐ After publication โ laid within 15 days (30 days for President's Rule notifications) from: (a) date of publication if House in session; (b) date of commencement of next session.
- ๐Two authenticated copies (English + Hindi) โ RS/LS Secretariat with statement containing: purport, Act/Section, GSR/SO number, date of publication, proposed laying date, whether subject to House modification, period of laying, reasons for delay.
- ๐ฐAfter rules finalized โ Ministry takes steps to publish in the Gazette and, where Act provides, lay on Table of each House
- ๐ปMinistries/Departments should upload copies of all Acts and Subordinate Legislation on their website for easy public access
- ๐Ministries must maintain database containing: title of rules/regulations, Section/Sub-Section under which framed, date of laying on Table of each House
- ๐ปDatabase updated regularly and posted on Ministry website
- ๐Maintain up-to-date copies in sufficient numbers. If amendments are large โ efforts to reprint for continuous reading
- ๐ Quarterly report in respect of cases where rules/regulations not published within 6 months โ sent regularly to Legislative Dept., Ministry of Law & Justice for compilation and scrutiny
- ๐ฐAfter rules finalized โ Ministry publishes in Gazette and, where Act provides, lays on Table of each House
- ๐ปMinistries should upload all Acts and Subordinate Legislation on their website for public access
- ๐Database with: title, Section/Sub-Section, date of laying on Table of each House. Updated regularly, posted on website.
- ๐Maintain up-to-date copies in sufficient numbers. If amendments large โ reprint for continuous reading
- ๐ Quarterly report on cases where rules not published within 6 months โ sent to Legislative Dept. for compilation/scrutiny
- ๐ปGazette Notifications are now only e-published on www.egazette.nic.in (as per IT Act, 2000). Downloaded electronic version treated as authentic.
- ๐3 hard copies to RS/LS Secretariat + soft copy on email simultaneously.
- โ๏ธRules under Article 309 must be laid before Parliament โ Ministries held responsible for non-compliance.
- ๐ Period for laying prescribed by the Act. If Hindi & English laid on different dates โ statutory period calculated from later date.
- ๐If large number of notifications โ stagger evenly over whole session instead of waiting for last few days.
- ๐Amendment/corrigenda โ send corrected copies only (not uncorrected + corrigenda).
- ๐After session terminates โ examine if prescribed period completed. If not โ intimate RS/LS Secretariat for relaying on first day of next session allotted to Ministry, at least 3 clear days before.
- ๐On dissolution of LS โ rules laid afresh in new LS for full prescribed period.
- ๐Member may give notice of annulment/modification. JS (Parliament) โ orders of Minister โ discussion date settled with MPA โ brief for Minister.
- โ๏ธIf annulment carried in both Houses โ Ministry annuls/modifies rules โ notify in Gazette โ lay on Table.
- โ If accepted: Communicate acceptance within 1 month. Implement within 3 months (extendable to 6 months if pre-consultation needed).
- ๐ซIf not accepted: Brief Minister โ communicate reasons within 3 months.
- ๐All accepted recommendations implemented within 6 months maximum. If insufficient โ approach Committee within 3 months.
- ๐Action Taken Statements sent direct to RS/LS Secretariat within 6 months from presentation of report.
- ๐Register maintained by concerned section: name of enactment, date of enforcement, sections conferring power, stages of processing.
- ๐ปAll Acts and Subordinate Legislation to be uploaded on Ministry website.
- ๐Quarterly report on pending rules (>6 months) sent to Legislative Department.
Committees of Parliament
Chapter 12 โ Committees of Parliament
Three Financial Committees (PAC, Estimates, Public Undertakings) + DRSCs. Action Taken Reports within 6 months. Witness conduct & etiquette.
- ๐(a) Provisions of RSR and LSR (Rules of Procedure)
- ๐(b) An Act of Parliament
- ๐ข(c) Motion or resolution adopted by the House
- โ๏ธ(d) Inherent powers of the Chairman / Speaker
Examines appropriation accounts, annual financial accounts, and such other accounts as it thinks fit.
Examines estimates for economies, alternative policies, consistency with policy, form of estimates.
Examines working of PSUs โ sound business principles, prudent commercial practices. Three types: comprehensive, audit paras, horizontal.
- ๐(a) Decide programme of work for the year
- ๐(b) Issue a detailed questionnaire to Ministry/Department/PSU
- ๐(c) Call for papers and documents
- ๐(d) Summon officials and non-officials for oral evidence
- ๐(e) Undertake tours of offices, projects, undertakings
- ๐(f) Form sub-committees / study groups for detailed scrutiny
- ๐(g) Submit final report to Rajya Sabha / Lok Sabha
- ๐Procedures described for three financial committees are partly common and partly separate
- ๐In addition โ Departmentally Related Standing Committees (DRSCs) examine Demands for Grants, Bills, Annual Reports, and long-term policy documents (RSR 268, 277; LSR 331)
- ๐(a) Recommendations relating to a single Ministry โ dealt with by that Ministry
- ๐(b)(i) If raising general financial/budgetary questions โ coordinated by Ministry of Finance (Dept. of Expenditure) in consultation with concerned Ministry
- ๐(b)(ii) If raising general policy questions โ dealt with by Ministry reported upon in consultation with Cabinet Secretariat
- ๐(c) PAC specifically: Responsibility for ensuring final replies (vetted by audit) within 6 months rests with: (i) Dept. of Expenditure for recommendations marked to it or jointly or to all Ministries; (ii) concerned Ministry in other cases
- ๐Ministry will furnish statement showing action taken on ALL recommendations including Government's views on accepted ones
- ๐ Each Ministry furnishes action taken statement within 6 months from date of presentation of report to Parliament
- ๐ซNo extension ordinarily granted except exceptional circumstances
- ๐For PAC โ statement vetted by audit before submission
- ๐Once financial committee presents its action taken report โ normally regarded as completion of examination process
- ๐If outstanding recommendations pointed out โ Ministry furnishes replies even after action taken report is presented
- ๐Copies of annual reports supplied separately for committee use on specific request by LS Secretariat
- ๐ขAfter a Government company or statutory corporation is set up โ admin Ministry sends to LS Secretariat for Committee on Public Undertakings:
- (a)Intimation regarding its formation
- (b)Two sets of articles and memorandum of association / statute
- (c)Copy each of annual reports and accounts + budget estimates if presented to LS
- ๐คEach Ministry nominates a senior officer for furnishing information and coordinating action on recommendations.
- ๐All material approved by officer not below Joint Secretary rank. 40 copies English + 15 copies Hindi within stipulated time.
- ๐With Minister's approval: (a) supply documents; (b) supply to Chairman only with recommendation against circulation; (c) decline if prejudicial to safety/interests of State.
- ๐คRepresented by Secretary or head of undertaking unless Chairman permits another senior officer.
- ๐Action Taken Statements on committee recommendations: submitted within stipulated time. Minister makes statement every 6 months on implementation status.
- ๐ฅExamine: Demands for Grants, Bills, Annual Reports, long-term policy documents.
- ๐Action Taken Report in 5 chapters: (i) Recommendations with Committee comments; (ii) Accepted; (iii) Not pursued; (iv) Not accepted; (v) Final replies not received.
- ๐Audit informs Ministry of excesses after appropriation accounts finalized. Ministry submits notes on excesses, vetted by audit, to MoF. Budget Division furnishes to PAC after presentation or by 31 May, whichever later.
- ๐All notes/memoranda shown to audit before formal submission to PAC.
- ๐ฉBow to Chair while taking seat and while leaving.
- ๐บTake earmarked seat opposite the Chairperson.
- ๐Answer only specific questions put by Chairman, member, or authorised person.
- ๐ฃ๏ธAll submissions in courteous and polite language.
- ๐ซNo smoking or chewing. Breach of privilege includes: refusal to answer, prevarication, false evidence, insulting answers, destroying documents.
- ๐Proceedings treated as confidential. No communication to Press before report presented.
- ๐ซIf not accepting a recommendation โ case submitted to Minister โ may go to Cabinet โ place Government's views before Committee.
- โ ๏ธComments on reports of Parliamentary Committee made in public without Committee's knowledge โ may constitute breach of privilege.
- ๐ Action taken statements within 6 months from date of report presentation. No extension ordinarily granted except exceptional circumstances (1 month max, with Chairperson's approval).
- ๐After presentation of report โ Ministry furnishes Action Taken Statement. Action Taken Report in 5 chapters:
- IRecommendations meriting Committee comments
- IIAccepted by Government
- IIICommittee does not wish to pursue
- IVGovernment replies not accepted by Committee
- VFinal replies not yet received
- ๐ขMinister makes statement in House every 6 months on implementation status of DRSC recommendations.
Standing Committees of Parliament โ Complete List
Standing Committees of Parliament (Annex 23, Page 178)
Complete list of all Standing Committees โ Lok Sabha (16), Rajya Sabha (12), Joint Committees (5), and 24 Departmentally Related Standing Committees with their jurisdictional Ministries.
| Sl. | Name of Committee | Elected / Nominated | Members | Term |
|---|---|---|---|---|
| 1 | Business Advisory Committee | Nominated | 15 | Till reconstituted |
| 2 | Committee on Private Members' Bills & Resolutions | Nominated | 15 | One year |
| 3 | Committee on Petitions | Nominated | 15 | Till reconstituted |
| 4 | Committee on Estimates | Elected | 30 | One year |
| 5 | Committee of Privileges | Nominated | 15 | Till reconstituted |
| 6 | Committee on Subordinate Legislation | Nominated | 15 | One year |
| 7 | Committee on Government Assurances | Nominated | 15 | One year |
| 8 | Committee on Absence of Members from Sittings | Nominated | 15 | One year |
| 9 | Rules Committee | Nominated | 15 | Till reconstituted |
| 10 | General Purposes Committee | Nominated | * | Till reconstituted |
| 11 | House Committee | Nominated | 15 | One year |
| 12 | Public Accounts Committee (PAC) | Elected | 22 (15 LS + 7 RS) | One year |
| 13 | Committee on Public Undertakings | Elected | 22 (15 LS + 7 RS) | One year |
| 14 | Library Committee | Nominated | 9 (6 LS + 3 RS) | One year |
| 15 | Committee on Welfare of SC/ST | Elected | 30 (20 LS + 10 RS) | One year |
| 16 | Committee on Papers Laid on the Table | Nominated | 15 | One year |
Consists of: the Speaker, the Deputy Speaker, members of the Panel of Chairmen, Chairmen of all Standing Committees of LS, Leaders of recognised parties/groups, and such other members as nominated by the Speaker.
| Sl. | Name of Committee | Elected / Nominated | Members | Term |
|---|---|---|---|---|
| 1 | Business Advisory Committee | Nominated | 11 (incl. Chairman & Dy. Chairman) | Till reconstituted |
| 2 | Committee of Privileges | Nominated | 10 | Till reconstituted |
| 3 | Committee on Petitions | Nominated | 10 | Till reconstituted |
| 4 | Committee on Rules | Nominated | 16 | Till reconstituted |
| 5 | Committee on Subordinate Legislation | Nominated | 15 | Till reconstituted |
| 6 | Committee on Government Assurances | Nominated | 10 | Till reconstituted |
| 7 | House Committee | Nominated | 10 | Till reconstituted |
| 8 | General Purposes Committee | Nominated | ** | Not in rules; constituted every year |
| 9 | Committee on Papers Laid on the Table | Nominated | 10 | Till reconstituted |
| 10 | Committee on MPLAD Scheme | Nominated | 13 | Till reconstituted |
| 11 | Ethics Committee | Nominated | 10 | Till reconstituted |
| 12 | Committee on Provision of Computers to MPs (RS) | Nominated | 8 | Till reconstituted |
Consists of: the Chairman, Deputy Chairman, Panel of Vice-Chairmen, Chairmen of all Standing Committees of RS, Leaders of recognised parties/groups, and such other members as nominated by the Chairman.
| Sl. | Name of Committee | Elected / Nominated | Members | Term |
|---|---|---|---|---|
| 1 | Joint Committee on Salaries & Allowances of MPs | Nominated | 15 (10 LS + 5 RS) | One year |
| 2 | Joint Committee on Offices of Profit | Elected | 15 (10 LS + 5 RS) | Co-terminus with life of LS |
| 3 | Committee on Empowerment of Women | Nominated | 30 (20 LS + 10 RS) | One year |
| 4 | Joint Parliamentary Committee on Wakf Boards | Nominated | 30 (20 LS + 10 RS) | No fixed tenure (has ceased to exist) |
| 5 | Joint Committee on Security in Parliament House Complex | Nominated | 10 (7 LS + 3 RS) | One year |
- ๐ฅEach DRSC: not more than 31 members โ 21 from LS (nominated by Speaker) + 10 from RS (nominated by Chairman)
- ๐ซMinister cannot be a member. If a member becomes Minister โ ceases to be member from date of appointment
- ๐คChairpersons of Part I committees: appointed by Chairman, RS. Chairpersons of Part II: appointed by Speaker, LS
- ๐ Term of office: not exceeding one year
| Sl. | Name of Committee | Ministries/Departments under Jurisdiction |
|---|---|---|
| 1 | Committee on Commerce | Commerce and Industry |
| 2 | Committee on Home Affairs | (1) Home Affairs; (2) Development of North Eastern Region |
| 3 | Committee on Human Resource Development | (1) Human Resource Development; (2) Youth Affairs & Sports; (3) Women & Child Development |
| 4 | Committee on Industry | (1) Heavy Industries & Public Enterprises; (2) Micro, Small & Medium Enterprises |
| 5 | Committee on Science & Technology, Environment & Forests | (1) Science & Technology; (2) Space; (3) Earth Sciences; (4) Atomic Energy; (5) Environment, Forests & Climate Change |
| 6 | Committee on Transport, Tourism & Culture | (1) Civil Aviation; (2) Road Transport & Highways; (3) Shipping; (4) Culture; (5) Tourism |
| 7 | Committee on Health & Family Welfare | (1) Health & Family Welfare; (2) AYUSH |
| 8 | Committee on Personnel, Public Grievances, Law & Justice | (1) Law & Justice; (2) Personnel, Public Grievances & Pensions |
| Sl. | Name of Committee | Ministries/Departments under Jurisdiction |
|---|---|---|
| 9 | Committee on Agriculture | (1) Agriculture; (2) Food Processing Industries |
| 10 | Committee on Information Technology | (1) Communications & IT; (2) Information & Broadcasting |
| 11 | Committee on Defence | Defence |
| 12 | Committee on Energy | (1) Non-Conventional Energy Sources; (2) Power |
| 13 | Committee on External Affairs | (1) External Affairs; (2) Non-Resident Indians Affairs |
| 14 | Committee on Finance | (1) Finance; (2) Company Affairs; (3) Planning; (4) Statistics & Programme Implementation |
| 15 | Committee on Food, Consumer Affairs & Public Distribution | Consumer Affairs, Food & Public Distribution |
| 16 | Committee on Labour | (1) Labour & Employment; (2) Textiles |
| 17 | Committee on Petroleum & Natural Gas | Petroleum & Natural Gas |
| 18 | Committee on Railways | Railways |
| 19 | Committee on Urban Development | (1) Urban Development; (2) Urban Employment & Poverty Alleviation |
| 20 | Committee on Water Resources | Water Resources |
| 21 | Committee on Chemicals & Fertilizers | Chemicals & Fertilizers |
| 22 | Committee on Rural Development | (1) Rural Development; (2) Panchayati Raj |
| 23 | Committee on Coal & Steel | (1) Coal & Mines; (2) Steel |
| 24 | Committee on Social Justice & Empowerment | (1) Social Justice & Empowerment; (2) Tribal Affairs |
- ๐ง Remember: "E-POP" โ Estimates, PAC, Public Undertakings (O for Organisations/PSUs), Offices of Profit + SC/ST Welfare โ these 5 are the ONLY elected committees.
- โกQuick rule: ALL Rajya Sabha committees are Nominated (none elected).
- โกQuick rule: ALL RS committees serve "Till reconstituted" (no fixed 1-year term like many LS committees).
- โกQuick rule: ALL 24 DRSCs are Nominated โ 21 by Speaker (LS members) + 10 by Chairman (RS members).
- ๐Numbers to remember: Estimates = 30, PAC = 22, CPU = 22, SC/ST Welfare = 30, Offices of Profit = 15.
- ๐(a) Consider the Demands for Grants of concerned Ministries and make a report. The report shall NOT suggest anything of the nature of cut motions.
- ๐(b) Examine such Bills pertaining to concerned Ministries as referred by Chairman/Speaker, and make reports thereon
- ๐(c) Consider Annual Reports of Ministries/Departments and make reports thereon
- ๐(d) Consider national basic long-term policy documents presented to the House, if referred by Chairman/Speaker
- 1๏ธโฃAfter general discussion on Budget in House โ Houses adjourned for a fixed period (recess)
- 2๏ธโฃCommittees consider Demands for Grants during this period
- 3๏ธโฃCommittees make report within the period โ not ask for more time
- 4๏ธโฃDemands for Grants considered by House in light of Committee reports
- 5๏ธโฃSeparate report on the Demands for Grants of each Ministry
- ๐Committee considers general principles and clauses of the Bill and makes report
- ๐Only considers Bills referred by Chairman/Speaker (introduced in either House)
- ๐ Must make report in the given time
- ๐Also examine long-term policy documents โ procedure similar to Annual Report examination
- ๐Study background/preliminary material
- ๐Prepare questionnaire (after Convener's approval)
- โ๏ธUndertake study tours and prepare tour notes
- ๐ฃ๏ธTake oral evidence of Ministry representatives (sub-committees only)
- ๐Indicate broad points for draft report
- โ Discuss and approve draft before circulation to full Committee
- ๐Scrutinize replies received from Government
- ๐Indicate points for draft Action Taken Report
- โ Discuss and approve draft ATR before circulation to full Committee
- ๐Committee empowered to send for persons, papers and records
- โ๏ธRelevance of evidence/documents โ referred to Speaker, whose decision is final
- ๐Government may decline to produce a document if disclosure would be prejudicial to safety/interest of State
- ๐Secret documents โ made available confidentially to Chairperson first, unless Minister certifies prejudicial to State safety
- โ๏ธDifference of opinion between Ministry and Chairperson โ settled by discussion; last resort โ reference to Speaker
- ๐May call for memoranda from non-official organisations/individuals knowledgeable in the field
- ๐ซAll persons other than members and LS Secretariat officers withdraw when Committee deliberates
- ๐ฃ๏ธMay take oral evidence of selected experts and non-official witnesses
Consultative Committees
Chapter 13 โ Consultative Committees
Constituted by MPA. Members from both Houses. Informal & advisory. 6 meetings/year (4 mandatory). No reference on floor of House.
- ๐คConstituted by MPA for various Ministries. Members from both Houses. Forum for informal discussion on policies and working.
- ๐คPresided by Minister concerned (or MoS in unavoidable absence).
- ๐ 6 meetings per year (minimum 4 mandatory). Of 4 mandatory: 3 during inter-session, 1 during session/inter-session. One meeting outside Delhi per year (at Chairman's discretion).
- ๐ Meetings arranged both during and between sessions
- ๐6 meetings per year (minimum 4 mandatory)
- ๐Of 4 mandatory: 3 during inter-session + 1 during session/inter-session (Chairman's convenience)
- ๐๏ธAt Chairman's discretion, one meeting outside Delhi once a year. Boarding/lodging arranged by concerned Ministry
- ๐Concerned sections prepare detailed briefs on agenda items โ forwarded to Parliament Unit โ MPA circulates to members
- โ Minister's approval needed if: (a) any member-suggested item is proposed to be excluded; (b) brief on any item not considered necessary
- ๐If item excluded โ member suitably informed. If no brief โ self-contained note prepared for Minister's use
- ๐Brief record of discussions prepared and circulated among members through MPA
- โ Where unanimity of view โ Government normally accepts, except: (a) financial implications; (b) security/Defence/External Affairs/Atomic Energy; (c) matter of autonomous institution
- ๐If non-acceptance โ reasons given to committee in next meeting
- ๐ Minutes finalized preferably within one week after meeting
- ๐Action taken reports + agenda for next meeting โ sent to MPA at least 10 days before next meeting
- ๐Number of copies = total membership + 10 (session meetings); double membership + 10 (inter-session meetings)
- ๐ Meetings both during and between sessions
- ๐6 meetings/year (minimum 4 mandatory): 3 inter-session + 1 session/inter-session
- ๐๏ธOne meeting outside Delhi once a year at Chairman's discretion. Boarding/lodging by concerned Ministry
- ๐Sections prepare detailed briefs โ Parliament Unit โ MPA circulates to members
- โ Minister's approval if: (a) member's item excluded; (b) no brief on item
- ๐Brief record of discussions circulated through MPA
- โ Unanimity โ normally accepted, except: (a) financial implications; (b) security/Defence/EA/Atomic Energy; (c) autonomous institution
- ๐Non-acceptance โ reasons given in next meeting
- ๐ Minutes within one week. ATRs + next agenda โ to MPA 10 days before next meeting
- ๐Copies: session = membership + 10; inter-session = double membership + 10
- ๐Agenda decided by Chairperson in consultation with Members.
- ๐Detailed briefs prepared by sections โ Parliament Unit โ MPA for circulation among members.
- ๐ซDeliberations are informal and purely advisory. No reference on floor of the House by Minister or members.
- ๐คSenior officers attend to assist. Committee cannot summon witnesses or ask for production of documents.
- โ Where unanimity of view โ Government normally accepts, except: (a) financial implications; (b) security/Defence/External Affairs/Atomic Energy; (c) matter of autonomous institution.
- ๐Minutes finalized preferably within one week. Action taken reports + agenda for next meeting โ sent to MPA at least 10 days before next meeting.
Nomination of MPs on Committees, Councils, Boards & Commissions
Chapter 14 โ Nomination of MPs on Committees, Councils, Boards & Commissions
Only MPA nominates. Prescribed proforma (Annex 24). Compensatory allowance only. On LS dissolution, LS members cease; RS members continue.
- ๐Government bodies (non-statutory): nominated by Minister of Parliamentary Affairs.
- ๐Statutory bodies: some require election by House; others nomination by Chairman/Speaker.
- ๐ Proposals forwarded to MPA in prescribed proforma (Annex 24). Key points:
- (i)Only MPA shall nominate MPs. No other Ministry.
- (ii)Suggested names conveyed confidentially at Minister/Secretary level. Not conveyed to members before MPA approval.
- (v)MPs entitled only to "compensatory allowance" under Parliament (Prevention of Disqualification) Act, 1959 โ no other remuneration.
- (xiv)On dissolution of LS โ all LS members cease to be members of government bodies. Fresh proposals sent. RS members continue till expiration of term on body or retirement from RS, whichever earlier.
- (xi)Even if MP nominated in individual capacity โ concurrence of MPA required.
Rule 377, Special Mentions & Zero Hour
Chapter 15 โ Rule 377, Special Mentions & Zero Hour
LS: Rule 377 (after Questions). RS: Rule 180A-E (Special Mentions). Zero Hour: first hour in RS, after Question Hour in LS. Reply within 1 month.
- ๐ขLS: Members raise matters (not point of order) under Rule 377 โ generally after Questions and Call Attentions.
- ๐ขRS: Special Mentions under Rule 180A-E โ now normally taken up before the House rises for the day.
- ๐จExtracts forwarded by RS/LS Secretariats next day. Ministry to send replies preferably within one month, signed by Minister/MoS.
- ๐If delay anticipated โ interim reply. Copies to RS/LS Secretariat and MPA.
- ๐Transfer to another Ministry โ intimate acceptance to MPA and Parliament Secretariat.
- ๐LS member resigns/dies: Reply on factual position still sent to LS Secretariat. RS member retires/dies: No reply needed.
- ๐ซOn dissolution of LS โ Rule 377 matters lapse.
- ๐LS (Rule 377): If member resigns/passes away โ reply on factual position still sent to LS Secretariat under intimation to MPA
- ๐RS (Special Mentions): If member retires/resigns/passes away โ NO reply need be sent to RS Secretariat or MPA
- ๐If member who resigned/retired is re-elected to the same House โ reply sent to member under intimation to Parliament Secretariat and MPA
- ๐Particulars of every matter entered by Parliament Unit in register (Annex 25)
- ๐Two separate registers โ one for Rule 377 (LS), one for Special Mentions (RS)
- ๐After entry, matter passed on to concerned section
- ๐Section maintains register (Annex 26) โ separately for RS and LS, entries session-wise
- ๐ปReply status must be updated at regular intervals on RS/LS websites
- ๐คSection Officer in charge will:
- (a)Scrutinize registers once a week
- (b)Ensure necessary follow-up action without any delay
- (c)Submit registers to branch officer every fortnight who draws attention of senior officers to pending matters
- ๐LS (Rule 377): MP resigns/dies โ reply on factual position still sent to LS Secretariat
- ๐RS (Special Mentions): MP retires/dies โ NO reply needed
- ๐If MP re-elected โ reply sent to member under intimation to Secretariat + MPA
- ๐Particulars entered in register (Annex 25). Two separate registers for LS (Rule 377) and RS (Special Mentions).
- ๐Register (Annex 26) โ separately for RS and LS, session-wise. Reply status updated on RS/LS websites regularly.
- ๐คSection Officer: (a) scrutinize registers once a week; (b) ensure follow-up without delay; (c) submit to BO every fortnight drawing attention to pending matters
- โฐMatters of urgent public importance raised during: first hour in RS and after Question Hour in LS.
- ๐When Presiding Officer gives direction or Minister gives assurance โ extracts sent by MPA to concerned Ministry same day.
Miscellaneous
Chapter 16 โ Miscellaneous
Duplicate committees check. Gallery cards & passes. Library supplies. Correspondence with MPs. Transport for committee tours.
- ๐Before setting up any committee โ ascertain from RS/LS Secretariat if Parliamentary committee already examining the matter.
- ๐ซIf already examining โ no other committee set up unless clearly unavoidable in public interest.
- ๐Report of such committee not published without prior consultation with Parliamentary committee.
- โDoes NOT apply to committees composed entirely of officials whose reports not intended to be published.
- ๐Gazette notifications of committee appointments โ 5 copies to RS/LS Secretariat.
- ๐Proforma with names, addresses, phone numbers โ at least 10 days before each session.
- ๐Supply to Parliament Library: 5 copies of all reports/publications, 10 copies of Ordinances, 2 copies of Articles of Association.
- ๐Necessary transport facilities to members of Committees of Parliament, Consultative Committees, sub-committees, or study groups during study tours โ provided by Ministries/Departments and their subordinate offices
- ๐Transport facilities to members of Committees, Consultative Committees, sub-committees during study tours โ provided by Ministries and subordinate offices
- ๐จCommunications from MPs attended to promptly. If addressed to Minister โ replied by Minister as far as practicable.
- ๐Information not denied on floor of House โ supplied if sought directly.
- ๐No obligation to disclose secret information.
- ๐ซAdmission to Official Gallery restricted to persons whose presence is absolutely necessary.
- ๐2 MP labels for Cabinet Ministers/MoS. 1 'P' Label each for Secretary, JS (Parliament Section). 2 'P' Labels for staff cars.
- ๐Cards and passes not transferable. Front 2 rows reserved for JS & above (green cards). Sessional passes returned after session.
Constitutional Provisions Relating to Parliament
Chapter 17 โ Constitutional Provisions Relating to Parliament
Parliament = President + RS + LS. RS: 250 max, not dissolved. LS: 552 max, 5 years. Quorum: 1/10th. Money Bill in LS only. Art. 368 amendment.
- ๐๏ธParliament = President + Rajya Sabha (Council of States) + Lok Sabha (House of the People). Bicameral Legislature.
- ๐12 members nominated by President (literature, science, art, social service) + not more than 238 representatives of States/UTs.
- ๐Not subject to dissolution. One-third retire every 2 years. Normal term: 6 years.
- ๐ First constituted on 3 April 1952 (216 members: 12 nominated + 204 elected).
- ๐Not more than 530 members from States (direct election) + 20 from UTs. President may nominate not more than 2 Anglo-Indians (if not adequately represented).
- ๐ Normal life: 5 years from first meeting. May be dissolved earlier. Extended during Emergency (not beyond 6 months after Proclamation ceases).
- ๐ Art. 85: President summons each House. Gap between two sessions not more than 6 months.
- ๐President may prorogue Houses and dissolve LS.
- ๐คRS: Vice-President is ex officio Chairman (Art. 89). Deputy Chairman elected by RS.
- ๐คLS: Speaker and Deputy Speaker elected by LS (Art. 93).
- โ๏ธQuorum: One-tenth of total membership (Art. 100).
- ๐ณ๏ธQuestions decided by majority of votes of members present and voting. Presiding Officer has casting vote only (no first vote).
- ๐ก๏ธPrivileges: Freedom of speech (Art. 105). No MP liable in respect of anything said/vote given. No court proceedings in respect of proceedings published under authority of the House.
- ๐Money Bill introduced in LS only (Art. 109). RS may make recommendations within 14 days; LS may accept/reject.
- ๐Joint sitting (Art. 108) in case of disagreement. Presided by Speaker of Lok Sabha.
- ๐Ordinance-making power (Art. 123): When both Houses not in session and President satisfied of necessity. Must be laid before both Houses. Ceases to operate 6 weeks after reassembly.
- โ๏ธInitiated only in Parliament (not State Legislature). Passed by majority of total membership + two-thirds of members present and voting in each House.
- ๐Certain amendments (Art. 368(2) provisos) also require ratification by not less than one-half of State Legislatures.
Important Activities of Ministry of Parliamentary Affairs
Chapter 18 โ Important Activities of Ministry of Parliamentary Affairs
Created May 1949. Full Ministry since May 1986. 24 functions. CCPA secretariat. Consultative Committees. Youth Parliament. Assurances monitoring.
- ๐ขCreated in May 1949 as a Department; full-fledged Ministry since May 1986. Link between two Houses and Government.
- 1๏ธโฃDates of summoning, prorogation, dissolution; President's Address
- 2๏ธโฃPlanning and coordination of legislative & other official business
- 3๏ธโฃAllocation of Government time for discussion of Members' motions
- 4๏ธโฃLiaison with Leaders and Whips of Parties/Groups
- 5๏ธโฃLists of Members of Select/Joint Committees on Bills
- 6๏ธโฃAppointment of MPs on Committees and bodies set up by Government
- 7๏ธโฃFunctioning of Consultative Committees
- 8๏ธโฃImplementation of assurances given in Parliament
- 9๏ธโฃGovernment's stand on Private Members' Bills and Resolutions
- ๐Secretarial assistance to Cabinet Committee on Parliamentary Affairs
- ๐Advice to Ministries on procedural and Parliamentary matters
- ๐คCoordination of action on Parliamentary Committee recommendations of general application
- โ๏ธOfficially sponsored visits of MPs to places of interest
- ๐ก๏ธMatters connected with powers, privileges and immunities of MPs
- ๐Organization of Youth Parliament Competitions in Schools/Colleges nationwide
- ๐ขOrganization of All India Whips' Conference
- ๐Exchange of Government-sponsored Delegations of MPs with other countries
- ๐Determination of policy on matters raised under Rule 377 (LS) and Special Mentions (RS)
- ๐Manual for Handling Parliamentary Work in Ministries/Departments
- ๐๏ธCabinet Committee on Parliamentary Affairs (CCPA): MPA provides secretarial assistance. Watches progress of Government Business, gives directions, recommends summoning/prorogation dates, approves Government stand on Private Members' Bills.
- ๐Keeps close contact with all Ministries on Bills pending, new Bills, Ordinance-replacing Bills.
- ๐คConstitutes Consultative Committees (presently 35) and arranges meetings.
- โ Pursues prompt implementation of assurances.
- ๐Conducts Youth Parliament Competitions in GNCTD schools, Kendriya Vidyalayas, Navodaya Vidyalayas, and Universities/Colleges.
- ๐Sponsors Government delegations of MPs to other countries and organizes visits of foreign MP delegations.
- ๐Political tier: 1 Cabinet Minister + 2 Ministers of State
- ๐๏ธAdministrative head: 1 Secretary to the Government of India
- ๐Senior officers: 1 Joint Secretary + 1 Director
- ๐ฅMiddle management: 3 Deputy Secretaries
- ๐Operational level: 8 Under Secretaries
- ๐ History: Created as a Department in May 1949; became full-fledged Ministry in May 1986