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Current Affairs : Anti-Corruption : What is Zero Hour? Resolution? Rule 193? 388? Short Duration Discussion?

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Today, Rahul Gandhi gave a speech in zero hour, whose content and tone reflected that he does not care about the sentiments of the people who support Anna Hazaare, or want their support. Of course it may or may not appeal to his own supporters. In this matter, he has lost ground to his first cousin Varun Gandhi, the son of environmentalist and animal rights activist Maneka Gandhi, who came out to meet and draw inspiration from Annaji. It may also have to do with the fact that Rahul is middle aged (forties) and Varun is a young man (twenties).

Anyway, I wanted to know what is Zero Hour and a what is a resolution. And all the rules that Prashanth Bhushan and all are talking about. Thanks To Annaji and his team, I am getting a re-education in all those things which I learned in Civics at school and have happily forgotten since. This will make Arvind Kejriwal very happy, I should think.

So here you go.

Zero Hour : 

(The time immediately following the Question Hour  and laying of papers and before any listed business is taken up in the House has come to be popularly known as the `Zero Hour’.  As it starts around 12 noon,  this period is euphemistically termed as `Zero Hour’.  For raising matters during the so-called ‘Zero Hour’ in Lok Sabha, members give notice before 10 a.m. everyday to the Speaker stating clearly the subject which they consider to be important and wish to raise in the House.  It is, of course, for the Speaker to allow or not allow raising of such matters in the House.  The term `Zero Hour’ is not formally recognised in our parliamentary procedure.)

The 2.30 pm discussion in parliament is under rule 193 : No voting can take place after discussion on matters under this rule.

(Discussion under Rule 193 does not involve a formal motion before the House.  Hence no voting can take place after discussion on matters under this rule.  The member who gives notice may make a short statement and such of the members as have previously intimated to the Speaker, may be permitted to take part in the discussion.  The member who raises the discussion has no right of reply.  At the end of the discussion, the Minister concerned gives a brief reply.) 

Prashanth Bhushan wants discussion under rule 388 :

(Suspension of rules : 

388. Any member may, with the consent of the Speaker, move that any rule may be suspended in its application to a particular motion before the House and if the motion is carried the rule in question shall be suspended for the time being.)

(Matters, which are not points of order can be raised by way of Special Mentions under Rule 377.  This procedural device, framed in 1954, provides opportunity to the members to raise matters of general public interest.  At present, the number of matters that can be raised by members under Rule 377 on a single day is 20.)

Annaji wants a resolution : There are three kinds of resolutions :

  • Resolutions which are expression of opinion by the House – since the purpose of such a Resolution is merely to obtain an expression of opinion of the House, the Government is not bound to give effect to the opinions expressed in these Resolutions.
  • Resolutions which have statutory effect – the notice of a Statutory Resolution is given in pursuance of a provision in the Constitution or an Act of Parliament. Such a Resolution, if adopted, is binding on the Government and has the force of law.
  • Resolutions which the House passes in the matter of control over its own proceedings.  It has the force of law and its validity cannot be challenged in any court of law.  The House, by such a Resolution, evolves, sometimes, its own procedure to meet a situation not specifically provided for in the Rules.

And here are all the rules : http://parliamentofindia.nic.in/ls/rules/rulep27.html : 

(Suspension of rules : 

388. Any member may, with the consent of the Speaker, move that any rule may be suspended in its application to a particular motion before the House and if the motion is carried the rule in question shall be suspended for the time being.)

This is what the Lok Sabha Web-Site has to say : http://164.100.47.132/LssNew/Others/FAQ.htm 

Question 72. What is ‘Zero Hour’?Answer.        The time immediately following the Question Hour  and laying of papers and before any listed business is taken up in the House has come to be popularly known as the `Zero Hour’.  As it starts around 12 noon,  this period is euphemistically termed as `Zero Hour’.  For raising matters during the so-called ‘Zero Hour’ in Lok Sabha, members give notice before 10 a.m. everyday to the Speaker stating clearly the subject which they consider to be important and wish to raise in the House.  It is, of course, for the Speaker to allow or not allow raising of such matters in the House.  The term `Zero Hour’ is not formally recognised in our parliamentary procedure.

Question 73. How many matters are allowed to be raised under ‘Zero Hour’?

Answer.      At present, twenty matters per day as per their priority in the ballot are allowed to be raised during ‘Zero Hour’.  The order in which the matters will be raised is decided by the Speaker at his/her discretion.  In the first phase, 5 matters of urgent national and international importance, as decided by the Chair, are taken up after Question Hour and laying of papers, etc.  In the second phase, the remaining admitted matters of urgent public importance are taken up after 6.00 P.M. or at the end of the regular business of the House.

Question 74. What is a Resolution?

Answer         A Resolution is a formal expression of the sense, will or action of the Legislative Body. Resolutions may be broadly divided into three categories:

  • Resolutions which are expression of opinion by the House – since the purpose of such a Resolution is merely to obtain an expression of opinion of the House, the Government is not bound to give effect to the opinions expressed in these Resolutions.
  • Resolutions which have statutory effect – the notice of a Statutory Resolution is given in pursuance of a provision in the Constitution or an Act of Parliament. Such a Resolution, if adopted, is binding on the Government and has the force of law.
  • Resolutions which the House passes in the matter of control over its own proceedings.  It has the force of law and its validity cannot be challenged in any court of law.  The House, by such a Resolution, evolves, sometimes, its own procedure to meet a situation not specifically provided for in the Rules.
Question 69. What is meant by “Discussion under Rule 193”?Answer.     Discussion under Rule 193 does not involve a formal motion before the House.  Hence no voting can take place after discussion on matters under this rule.  The member who gives notice may make a short statement and such of the members as have previously intimated to the Speaker, may be permitted to take part in the discussion.  The member who raises the discussion has no right of reply.  At the end of the discussion, the Minister concerned gives a brief reply.Question 70. What is a Short Duration Discussion?Answer.       In order to provide opportunities to members to discuss matters of urgent public importance, a convention was established in March 1953 which was incorporated later into the Rules of Procedure and conduct of Business in Lok Sabha under Rule 193 as Short Duration Discussion.  Under this Rule, members can raise discussion for short durations without a formal motion or vote thereon.Question 71. What is meant by matters under Rule 377?Matters, which are not points of order can be raised by way of Special Mentions underRule 377.  This procedural device, framed in 1954, provides opportunity to the members to raise matters of general public interest.  At present, the number of matters that can be raised by members under Rule 377 on a single day is 20.

Satya

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