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No-confidence Motion - Speaker's Role

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March 23, 2018

What is the issue?

  • The Lok Sabha Speaker adjourned the House without taking up the motion of no-confidence for the fourth day in succession.
  • This and other decisions in the recent days have led to questioning the non-partisan role of the Speaker.

What is a no-confidence motion?

  • Motion - As per the Rules of Procedure and Conduct of Business in Lok Sabha, any member of the house can move a no-confidence motion.
  • The member need not give a reason for moving a no-confidence motion.
  • Once the Speaker is of the opinion that the motion is proper, then s/he reads out the motion to the house.
  • A minimum of 50 members have to accept the motion.
  • If not, then the motion fails and the member who moved the motion is informed about it.
  • Discuss - If the motion is accepted, then the Speaker will announce a day when the motion is to be discussed.
  • The day cannot be more than 10 days from the day the motion is accepted.
  • Vote - The motion is then put to vote; it can be conducted through “Voice Vote”, “Division of Votes” or other means.
  • The government of the day has to resign if the government loses a ‘confidence’ motion or if the ‘no-confidence’ motion is accepted by the majority.
  • There is no time-limit that must be adhered to between two no-confidence motions.

What is the present concern in this regard?

  • No-confidence motion was recently moved by the Telugu Desam Party and the YSR Congress that was supported by major Opposition parties.
  • The motion was moved by the required number of Members of Parliament (MPs).
  • The Speaker is delaying the no-confidence motion on grounds of disruption in the House.
  • Not taking it up for passage has led to concerns in the Opposition benches.
  • As, delaying the no-confidence motion will benefit the government.
  • Procedure - A no-confidence motion must be taken up immediately, and all other House business must make way for it.
  • This is fundamental to parliamentary functioning and to executive accountability.
  • In any case, the Speaker's argument is debatable as the onus of maintaining order in the House is squarely on the Speaker.

What are the other recent concerns?

  • Finance Bill - Recently, guillotine provision was used for passing the Finance Bill without debate. Click here to know more.
  • This was also the first time in years that the Lok Sabha did not discuss and vote on even one demand for grants.
  • Many important decisions were thus taken without any legislative scrutiny.
  • Money Bills - The present Speaker's approval of Bills that are clearly not Money Bills is another concern.
  • These are hence being dealt with by the Lok Sabha as such, depriving the Rajya Sabha of its right to legislate.

What does it call for?

  • The Speaker represents the entire House and not just the Treasury benches.
  • It is extremely essential for democracy that the Speaker remain non-partisan.
  • Decisions of the Speakers in matters as discussed above are a prime means by which impartiality is demonstrated.
  • The Speaker should carry out the assigned duty to ensure detailed deliberation and legislative scrutiny of important legislation.

 

Source: Business Standard

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