CHAPTER - IV

 

GOVERNMENT BUSINESS IN PARLIAMENT AND DISTRIBUTION OF PARLIAMENTARY TIME

 

Government Business

 

4.1 In a Parliamentary democracy, a major portion of work before the Parliament relates to government business. Planning of government business, therefore, assumes great significance. It becomes the responsibility of the government to see that the time for this purpose is wisely and effectively utilised. The Rules of Procedure and Conduct of business in the Lok Sabha and the Rajya Sabha provide that on days allotted for transaction of government business, that business shall have precedence and that business shall be arranged in such order as the Presiding Officers of the two Houses may determine in consultation with the Leader of the respective Houses. The function of planning and co-ordination of government business has been entrusted to the Ministry of Parliamentary Affairs. In the discharge of this function, the Ministry works under the directions of the Cabinet Committee on Parliamentary Affairs.

 

4.2        Almost the entire time when the Parliament is at work, barring the Question Hour every day and two-and-half hours on Fridays, is at the disposal of the government for government business. The government, however, readily agrees to provide time for consideration of topics of urgent public importance as demanded by members from time to time and recommended by the business Advisory Committee of the two Houses.

 

Planning of Government Business

 

4.3        Well before the commencement of a session of Parliament, all ministries/departments of the government of India are requested to intimate their legislative and non-legislative proposals for consideration during the ensuing session of Parliament. However, the programme for the session is not finalised merely on the basis of replies received from the different ministries/departments. The Ministry cross checks the information with the Legislative Department of the Ministry of Law & Justice to ascertain the position in regard to drafting of the bills. Thereafter, the Minister of Parliamentary Affairs takes a meeting of senior officers of ministries/departments before the commencement of every session to impress upon them the necessity of giving priority to the finalisation of legislative proposals and other items of government business. Legislative proposals which are not ripe enough and are not likely to be ready in time are dropped. Three such meetings were held on February 10, 2003, July 14, 2003 and November 24, 2003 before the Budget, Monsoon and the Winter sessions respectively. After having made a precise assessment of the government business, a Calendar of government business is tentatively drawn up for each session. During the period from 1.1.2003 to 31.03.2004, three tentative lists of government business were prepared and made available to the Lok Sabha/Rajya Sabha secretariats for circulation among members of Parliament to enable them to have a broad idea about the subjects that might come up in the session and to make preparation for participation in debates thereon.

 

4.4        In order to give members advance information of the government business to be transacted by both Houses of Parliament, the Minister/Minister of State of Parliamentary Affairs makes statements in Lok Sabha and Rajya Sabha at the last sitting in each week regarding government business to be taken up in the succeeding week. 13 such statements were made in the Lok Sabha and the Rajya Sabha during the period under report.

 

4.5 (a)  The process of planning the programme of government business does not end by making a forecast once a week. The progress of business is constantly and closely watched so that adjustments, if needed, could be made at short notice. In actual practice, such adjustments are required to be made from day to day. For this purpose, the Ministry supplies the order of government business for each sitting of the two Houses to the concerned Secretariat of Parliament for inclusion in the daily Order Paper. During the period under report, 81 Lists of Government Business for the Lok Sabha and 74 for the Rajya Sabha were issued to the two Secretariats of Parliament in connection with transaction of government business.

 

4.5 (b)  Business Advisory Committee (Lok Sabha) and business Advisory Committee (Rajya Sabha) allot time for discussion of various items of government business in consultation with the Ministry of Parliamentary Affairs. During the year, notes were sent to the Lok Sabha/Rajya Sabha Secretariats for allocation of time in respect of  205 items (Lok Sabha 95 and Rajya Sabha 110).

 

Management of Government Business

 

4.6        Management of government business is important and requires a lot of skill and dexterity on the part of the Minister of Parliamentary Affairs. As the Chief Whip of the party in power, he/she must at all times ensure the attendance of Members of his/her Party as also of allied/supporting parties, if any. He/she also keeps close and constant contact with the presiding officers, the leaders, as well as chief whips and whips of various parties and groups.

 

Resume of Government Business Transacted

 

(i)                 Legislative

 

4.7        A total of 57 bills were pending in the Parliament at the conclusion of the 11th Session of 13th Lok Sabha and 197th  Session  of Rajya Sabha. 85 bills (66 bills in Lok Sabha and 19 in Rajya Sabha) were introduced in two Houses during the period under report, making a total of 142. Out of these,  64 bills were passed by both Houses (Appendix II), 4 Bills were withdrawn in the Lok Sabha and 1 Bill was withdrawn in the Rajya Sabha. (list of bills passed by two Houses during 2002, is annexed as Appendix –III). At the conclusion of Winter Session, 2003, a total of 73 bills ( 43 bills in Lok Sabha and 30 Bills in Rajya Sabha) were pending in both Houses of Parliament.

 

4.8        On the dissolution of the Thirteenth Lok Sabha on February 6, 2004, 43 Bills as indicated in Appendix-IV lapsed in terms of Article 107(5) of the Constitution. 30 Bills as indicated in Appendix-V remained pending in the Rajya Sabha after the dissolution of the Thirteenth Lok Sabha.

 

(ii)               Financial

 

4.9        Rule 204 of the Lok Sabha Rules provides that the annual financial statement in terms of Article 112 of the Constitution, popularly known as the “Budget”, shall be presented to Parliament on such day as the President may direct. The Central Government Budget is presented in two parts – Railways and General. The former is presented about two to three days earlier than the General Budget, which is normally presented on the last working day in the month of February. The State Budgets in respect of states which are under President’s rule are also presented. The Budgets are presented to the Lok Sabha when the Ministers-in-charge of Railways and Finance read their Budget speeches. In Rajya Sabha, the annual financial statements are laid, usually after the completion of speeches of the ministers in Lok Sabha.

 

4.10      One of the important decisions taken during the Budget Session, 1993 was to set up department-related parliamentary standing committees to scrutinise, inter-alia the demands for grants of   various  ministries/departments  before  these are  discussed and  voted  in  the  House.  The other functions of the standing committees include examining bills referred to them by the Chairman or Speaker, annual reports of ministries and basic long term policy documents presented to the Houses and referred to them by the presiding officers. During the recess of Parliament which is normally held in March-April, 2003, 17 Department related parliamentary standing committees scrutinised inter-alia the demands for grants of various ministries/departments of the Government of India.

 

Vote on Account (General and Railway) obtained

 

4.11      The Thirteenth Lok Sabha was constituted on October 10, 1999  and its first sitting was held on October 20, 1999. In terms of Article 83(2) of the Constitution, the House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House. As such, the Thirteenth Lok Sabha, unless sooner dissolved, would have automatically stood dissolved on October 19, 2004. However, the Cabinet at its meeting held on January 27, 2004, decided to advise the President to dissolve the Thirteenth Lok Sabha on February 6, 2004. The Cabinet also decided that Vote on Account (Railways & General) for 2004-05 and the Finance Bill, 2004 may be passed before February 6, 2004 to ensure the smooth functioning of the government. The second part of the Fourteenth Session of the Thirteenth Lok Sabha was convened on January 29, 2004; and the second part of the 200th Session of the Rajya Sabha was convened on January 30, 2004 primarily for obtaining approval to the Vote on Account for Railway and General Budgets for a period of four months ending July 31, 2004.  The objective was to enable the Central Government to meet expenditure from the Consolidated Fund of India till the passing of the Annual Railway and General Budgets by the new Lok Sabha. The Houses were adjourned sine-die on February 5, 2004. To facilitate purposeful discussion on the Vote on Account in the House, a report containing, in brief, the activities of the Ministry for the calender year 2003, was prepared for circulation among the Members of Parliament.

 

Budget

 

4.12      A statement giving the dates of consideration of the Railway & General  Budgets during the period from 1.1.2003 to 31.03.2004 is appended (Appendix - VI).

 

Other Official Business

 

4.13      The following other matters were considered on official motions during the period from 1.1.2003 to 31.03.2004:

 

Sl.

No.

Subject/Ministry Concerned

Lok Sabha

Rajya Sabha

 

 

Date (s)

Time taken

Hrs – Mts

Date (s)

Time taken

Hrs - Mts

 

1.

Statutory Resolution seeking approval of the Notification No. 11/2003-Customs dated January 15, 2003 {G.S.R.  32 (E) dated January 15, 2003} which seeks to amend the first Schedule to the Customs Tariff Act, 1975 so as to enhance the rate of customs duty applicable to goods falling under sub-heading No. 0703.20 from 30% to 100% and preferential rate of duty from 30% to 90% in respect of imports from preferential areas.

(Adopted) (Ministry of Finance)

7.03.2003

00-06

7.03.2003

00 - 06

 

2.

Resolution seeking approval to reject the Award given on February 4, 1993 by the Board of Arbitration in CA, reference No. 2 of 1991 relating to grant of special pay to Private Secretaries (merged Grades ‘A’  and ‘B’) of Central Secretariat Stenographers’ Service in the ministries and departments of the government of India with effect from October 6, 1987.

(Adopted) (Ministry of Personnel, Public Grievances & Pensions)

$

$

10.3.2003

00 - 03

3.

Resolution seeking approval to reject the Award given on 30th July, 1998 by the Board of Arbitration in CA reference No. 11 of 1992 relating to upward revision of pay scales of Stenographers’ Grade ‘D’ of Central Secretariat Stenographers’ Service with effect from December 6, 1991.

(Adopted) (Ministry of Personnel, Public Grievances & Pensions)

 

$

$

10.3.2003

00 -02

4.

Resolution seeking approval to reject the Award given by the Board of Arbitration in CA reference No. 6 of 1981 relating to revision of rates of overtime allowance and raising of the upper pay limit for admissibility of this allowance for office and comparable staff.

(Adopted) (Ministry of Personnel, Public Grievances & Pensions)

$

$

10.3.2003

00 - 02

5.

Resolution seeking approval to reject the Award given on February 12, 1999 by the Board of Arbitration in CA reference No. 13 of 1992 in respect of grant of Touring Special Pay to Audit staff in Indian Audit and Accounts Department.

(Adopted) (Ministry of Finance)

11.03.2003

13.03.2003

00 -20

12.03.2003

00 - 17

6.

Resolution seeking approval to reject the Award given on October 18, 1999 by the Board of Arbitration in CA reference No. 1/1998 in respect of the pay scales for the post of Computor in the Office of Registrar General.

(Withdrawn) (Ministry of Home Affairs)

$

$

9.05.2003

00 -17

7.

Resolution seeking approval to reject the Award given on October 18, 1999 by the Board of Arbitration in CA reference No. 1/1998 in respect of the pay scales for the post of Computor in the Office of Registrar General.

(Adopted) (Ministry of Home Affairs)

$

$

19.08.2003

00 - 03

 

8.

Resolution seeking approval of recommendation of  the Eighth Report of the Railway Convention Committee (1999) appointed to review the rate of dividend payable by the Railway Undertaking to General Revenues etc.

(Adopted) (Ministry of Railways)

15.12.2003

Discussed along with three Railways Bills.

17.12.2003

00 - 01

 

MOTIONS DISCUSSED UNDER RULE 342 IN LOK SABHA AND UNDER

RULE 170 IN RAJYA SABHA

 

9.

Discussion on  the progress of implementation of Part IX and Part IX-A of the Constitution (dealing with Panchayats and Municipalities as institutions of self government) during the last ten years (Ministry of Rural Development & Urban Development & Poverty Alleviation)

24.7.2003

25.7.2003

 

09 - 12

24.7.2003

25.7.2003

 

05 -35

 

10.

 

 

The National Charter for Children, 2003, (Ministry of  Human Resource Development)

$

$

9.12.2003

10.12.2003

06 -03

 

11.

Discussion on Science & Technology Policy (Ministry of Science & Technology)

$

$

13.8.2003

02-57

 

                   

$          Still to be considered

 

Broad Distribution of Official Time

 

4.14      The broad distribution of total official time taken by legislative, financial and non-financial items (including debates arranged on private members' motions during the time earnmarked for transaction of official business) in both Houses of Parliament is as under:

 

Sl.

No.

Item

Lok Sabha

Rajya Sabha

Percentage

 

Hours

Minutes

Hours

Minutes

Lok Sabha

Rajya Sabha

(i)

Legislative

82

57

57

08

27.3%

26.5%

(ii)

Financial

81

52

71

23

   27%

33.2%

(iii)

Non-Financial

   138

53

86

42

45.7%

40.3%

 

Time Lost on Adjournments due to Interruptions etc:

 

4.15      During the period under report, the Lok Sabha and Rajya Sabha were adjourned on various occasions due to interruptions/disorderly scenes. Time spent/lost on such adjournments etc. in Lok Sabha and Rajya Sabha during the period under report is indicated below:

 

LOK SABHA

Session

Actual Total Time

Time lost on adjournments due to interruptions/disorderly scenes

Percentage of time on adjournment etc.  due to interruptions/disorderly scenes etc.

Hours

Minutes

Hours

Minutes

 

12th (13th Lok Sabha)

240

42

05

27

02.26

13th (13th Lok Sabha)

113

00

36

20

32.15

14th (13th Lok Sabha)

095

04

06

45

07.10

Total =

448

46

48

32

10.81

RAJYA SABHA

Session

Actual Total Time

Time lost on adjournments due to interruptions/disorderly scenes

Percentage of time on adjournment etc.  due to interruptions/disorderly scenes etc.

 

Hours

Minutes

Hours

Minutes

198th

181

21

08

39

02.86

199th

087

04

12

25

14.26

200th

069

41

08

48

07.60

Total=

338

06

29

52

08.83

           

Other Non-Official business

 

4.16      During the period under report, 30 calling attention notices (24 in Lok Sabha and 6 in Rajya Sabha) were discussed. In addition, four half-an-hour discussions were held in Lok Sabha. In Rajya Sabha, no half-an-hour discussion was admitted.

 

                 NUMBER OF SITTINGS OF PARLIAMENT AND NUMBER OF BILLS PASSED BY BOTH HOUSES OF PARLIAMENT

(1952 to 2003)

 

Year

Number of Sittings

Bills passed by both Houses of Parliament

Year

Number of Sittings

Bills passed by both Houses of Parliament

 

Lok Sabha

Rajya Sabha

 

 

Lok Sabha

Rajya Sabha

 

1

2

3

4

1

2

3

4

1952

103

60

82

1953

137

100

58

1954

137

103

54

1955

139

111

60

1956

151

113

106

1957

104

78

68

1958

125

91

59

1959

123

87

63

1960

121

87

67

1961

102

75

63

1962

116

91

68

1963

122

100

58

1964

122

97

56

1965

113

96

51

1966

119

109

57

1967

110

91

38

1968

120

103

67

1969

120

102

58

1970

119

107

53

1971

102

89

87

1972

111

99

82

1973

120

105

70

1974

119

109

68

1975

63

58

57

1976

98

84

118

1977

86

70

48

1978

115

97

50

1979

66

54

32

1980

96

90

72

1981

105

89

62

1982

92

82

73

1983

93

77

49

1984

77

63

73

1985

109

89

92

1986

98

86

71

1987

102

89

61

1988

102

89

71

1989

83

71

38

1990

81

66

30

1991

90

82

63

1992

98

90

44

1993

89

79

75

1994

77

75

61

1995

78

77

45

1996

70

64

36

1997

65

68

35

1998

64

59

40

1999

51

48

39

2000

85

85

63

2001

81

81

61

2002

84

82

86

2003

74

74

56

 

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