CHAPTER - VII

MATTERS RAISED UNDER RULE 377 IN THE LOK SABHA AND BY WAY OF SPECIAL MENTIONS IN THE RAJYA SABHA

Matters raised under Rule 377 (Lok Sabha)

7.1     Under Rule 377 of the Rules of Procedure and Conduct of Business in the Lok Sabha, Members are allowed to raise matters which are not points of order or which cannot be raised under any other Rule. Members are required to give notice for raising a matter under this Rule in a standard form enclosing the text of the statement not exceeding 250 words. Notice should be given by 10 hours of the day on which a matter is sought to be raised by the Member. Notices received after 10 hours on a day are deemed to have been given for the next sitting of the House. Notices tabled by Members between 10 hours and 10.30 hours on the last working day of the week are balloted to determine inter-se-priority of Members for raising matters in the following week. The matters can be raised only with the permission of the Speaker. Under the Rule, a Member can raise only one 'matter' during a week.

7.2     At the meeting of Hon'ble Speaker with Leaders of Parties and Groups held on 18th November, 1997, it has been decided that as the matters which are meant for being raised under Rule 377 are increasingly being raised during Zero Hour, the number of matters presently being raised under Rule 377 be increased from 8 to 24 per day to be allocated on the basis of strength of parties/groups in Lok Sabha. Members might read the brief subject of the text of their notices, given by the Secretariat, and the text of the matter might be treated as laid on the Table. The item might be taken up at 5.30 p.m. This procedure was followed during first Session of XII Lok Sabha. However, at the meeting of Business Advisory Committee held during Budget Session on 29.5.98, it was decided that the item relating to matters under rule 377 will be taken up after Question Hour and other formal items listed in the agenda paper as per direction 2 of the Directions by the Speaker regarding relative precedence of different classes of business. It had also been decided that 12 Members instead of 24 will be allowed to raise the matters under rule 377 per day to be allocated on the basis of strength of Parties/Groups in Lok Sabha and that the Members will also be permitted to read the text of the matter. This procedure for raising matters under Rule 377 in Lok Sabha is therefore in vogue since Budget Session 1998 of Parliament.

Special Mentions made in Rajya Sabha

7.3     In the Rajya Sabha there is no Rule corresponding to Rule 377 of the Lok Sabha Rules enabling members to raise such matters. However, a convention has been established whereby Members may raise matters of urgent public importance by way of "Special Mentions" with the permission of the Chairman.

7.4     Ordinarily not more than one "Special Mention" by a Member is permitted on one subject. In case, notices are received from more than one Member on the same subject at the same time and for the same day, it is for the Chairman in his discretion to decide which Member has to be permitted to made the Special Mention. A Member should not take more than three minutes to make a "Special Mention". A Member who desires to make a Special Mention has to give a notice in a standard form by 5.00 p.m. of the day preceding the day on which he proposes to mention the matter in the House. The text of the matter proposed to be raised by Members is not required to be given alongwith the Notice.

7.5     Normally Ministers do not make statements or react to these matters raised on the floor of the two Houses. However, if a Minister so desires, he may make a statement on the subject with the permission of the Presiding Officer. The main advantage of this device is to bring to the notice of the House and the Government, the matters and happenings of urgent public importance which take place in or outside the country and have a bearing on our national interests and about which Members are agitated and for which Members may not get an early opportunity to raise these under any other Rule of the House.

Follow-up action

7.6    The extracts of the proceedings relating to these matters raised in two Houses are sent to the Ministries concerned by the Parliament Secretariat normally on the day following the day on which the matters are raised. The Ministry of Parliamentary Affairs also send weekly statements containing the gists of the matters raised in the two Houses to the Ministries concerned to enable them to cross- check the matter(s) raised in respect of their Ministry with reference to the extracts received by them from two Secretariats with a view to ensuring that no item is lost sight of. The Ministries are expected to take action on each of the points raised by Members and communicate the results to the Members concerned under intimation to the concerned Parliament Secretariat and the Ministry of Parliamentary Affairs within a period of one month from the date on which the matter is raised in the House. In order to ensure expeditious disposal of pending matters, the Ministry of Parliamentary Affairs send reminders to the Ministries from time to time at the level of Secretary and if necessary, at the Minister's level. During the period under report, the Secretary, Ministry of Parliamentary Affairs also held meetings with his counterparts and other senior officers in various Ministries/Departments to review pendency of these matters in those Ministries. These meetings had tremendous effect on the disposal of pending matters concerning various Ministries/Departments. The meetings resulted in disposal of as many as 54% pending matters in the Lok Sabha and 40% pending matters in the Rajya Sabha, which were pending in the two Houses at the time of holding of these meetings.

7.7     During the period from 1.4.98 to 31.12.98, 557 matters were raised in Lok Sabha and 191 matters were raised in Rajya Sabha. Replies in respect of 351 Lok Sabha matters have been sent to the members concerned leaving a pendency of 206 matters as on 31.12.98. As regards the Rajya Sabha replies in respect of 112 Special Mentions have been sent to the Members concerned and the remaining 79 matters were still pending as on 31.12.98.

Action on matters raised after the Question Hour

7.8     After the Question Hour every day, Members in both Houses raise, with the permission of the Presiding Officer, matters of urgent public importance. Sometimes, matters are also raised by Members without prior permission. It is not mandatory on the part of the Ministers to reply to such points immediately when they are raised in the House or subsequently through formal communications although sometimes, Ministers do react in the House to the points raised by the Members. The Minister of Parliamentary Affairs/Minister of State of Parliamentary Affairs, sometimes, intervene on such occasions and assure the House that the points raised by them would be brought to the notice of the Ministers concerned for necessary action. The Presiding Officers also give directions/make observations on various issues raised in the two Houses during Zero Hour.

7.9     Whenever Presiding officers give directions or the Minister/Ministers of State for Parliamentary Affairs intervene in the debate during Zero Hour and assure the House that the issue raised by the Members or the directions/observations thereon by the Presiding Officer would be brought to the notice of the Minister(s) concerned, the Ministry of Parliamentary Affairs forward the relevant extracts from the proceedings of the House to the Minister (s) concerned under the signature of the Minister or Minister of State for Parliamentary Affairs preferably on the same day, for necessary action.

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