Parliament
is the apex deliberative body to discuss issues of national and
international importance. Since time at its disposal is scarce and
precious, a proper procedure is to be followed for raising and
discussing issues in an orderly manner. Motion is one of the
important parliamentary devices through which members can raise matters of
urgent public importance. Experience has shown that motions moved in the
House not only help in eliciting viewpoint of the Government
on the issues raised but also make the Government to act cautiously and in
accordance with the views expressed by most of the members. Motions are the
very basis of parliamentary proceedings where matters of public importance
are being deliberated. Resolution is yet another procedural120
device for ascertaining the will of the House on matters of general
public interest. This brochure is intended to serve140 as a handy guide for
ready reference and to give a clear view of both Motions and Resolutions. The
information160
contained here is based on the Rules of Procedure and Conduct of
Business in Lok Sabha, Directions issued by the Speaker and the established practices
and conventions. The information, however, is not exhaustive. For full
and authentic information, only the original source may be referred to and
relied upon.
The term 'motion' in its wide
sense means any proposal made for the purpose of eliciting a
decision of the House. In order to ascertain the will of the House in240
regard to a matter before it, every question to be decided by the House
must be proposed by a member in the form of a motion. Every matter is
determined in the House by means of a question put from280
the Chair on motion made by a member and resolved in the affirmative or
negative, as the case may be. The question should repeat the terms of the
motion and should be so framed as to be capable of expressing320
a decision of the House. Motions are, in fact, the basis of all parliamentary
proceedings. Any matter of importance or public interest can be the subject-matter
of a motion. Discussion on a motion is initiated by the mover of the360
motion, and later, unless he withdraws it, the House either adopts it in toto
or with such amendments as it may like to make or it may reject
it altogether. The mover of a motion frames it in a form in which he or she
wishes it ultimately to be passed by the House and on which the vote of420
the House can conveniently be taken. The members who wish the motion to be
passed in a different form may move amendments after the original motion has
been proposed by the Speaker. These amendments too should be in the form in
which the motion as amended can be passed by the House and must, therefore,
be relevant to the subject-matter480 of the main motion. However, there are
certain motions which per se are not put to the vote of the House. Rule 342 of
the Rules of Procedure and Conduct of Business in Lok Sabha which governs such
type of motions inter alia provides that a motion that the policy or
situation or statement or any other matter be taken into consideration shall
not be put to the vote of the House, but the House shall proceed to discuss
such matter560
immediately after the mover has concluded his speech and no further question
shall be put at the conclusion of the debate at the appointed hour unless a
member moves a substantive motion in substitution of the original motion in
appropriate600
terms to be approved by the Speaker and vote of the House shall be taken
on such motion.
Motions can be classified under the
categories of Substantive Motions, Substitute Motions, and Subsidiary Motions.
Motions moved in substitution of the original640 motion for taking
into consideration a policy or situation or statement or any other matter are
called substitute motions. Such motions, though drafted in such a way as to be
capable of expressing an opinion by themselves are not substantive motions in
as much as they depend upon the original motion. After the original motion that
the policy or situation,700 etc. be taken into consideration has
been placed before the House and the mover of the motion has concluded the720
speech, the House proceeds to discuss the matter. No further question is
put thereon on conclusion of the debate. However, before the discussion
commences, a member can move a substitute motion which, while conforming to the
subject-matter of the original motion, is so drawn up as to express an opinion
of the House. The substitute motion, being in the nature of an amendment to the
original motion, is also placed before the House and is discussed along with
the original800 motion. Amendments to substitute motions are not
permissible. At the end of the debate, the substitute motion only is put to the
vote of the House.
Subsidiary
Motions depend upon or relate to other motion or follow upon some proceedings840
in the House. They by themselves have no meaning and are not capable of stating
the decision of the House without reference to the original motion or proceedings
of the House. Subsidiary motions can be further divided into Ancillary
Motions, Superseding Motions, and Amendments. Ancillary Motions are motions
which are recognised by the practice of the House as the regular way of
proceedings with various kinds of business. Superseding Motions are motions
which, though independent in form, are moved in the course of debate on
another question and seek to supersede that question. In this class fall
all motions of dilatory character. Where the Speaker is of the opinion that the
superseding motion is of a dilatory character in as960 much as no
unforeseen or new circumstance has arisen to warrant recirculation or
recommittal of the Bill, the Speaker is980 empowered to put the question upon it
forthwith or even decline to propose the question. However, when a superseding
motion is moved and the Speaker does not hold it to be dilatory, the motion is
proposed as a new question superseding the original question and has to be
disposed of before the debate upon the original question can be resumed. But
the debate upon such a motion must be strictly relevant to the reasons
in support of the motion. Amendments are subsidiary motions which interpose a
new process of question and decision between the main question and its
decision. Amendments1080 may be to the clauses of a Bill, to a
resolution or to a motion, or to an amendment to a clause of a Bill, resolution
or motion.
The
notice of a motion is given in writing addressed to the1120 Secretary-General.
Notices of motions can be given from the date following the date of
issue of summons for a session. In order to ensure that members who are not
in Delhi are not at a disadvantage in regard to tabling of notices of motion,
inter-se priority of notices on the same subject received within a specified
period after the date of issue of summons is determined by ballot. The
priority of notices received thereafter is determined according to the date1200
and time of receipt. If the time gap between the issue of summons and the commencement
of the session is more than 21 days, notices under rule 184 on the same subject
received within seven days after issue of summons for a session are deemed to
have been received on the seventh day after the date of issue of summons1260
for that session and their respective inter-se priority is determined on the
basis of ballot. In case the time gap1280 is 21 days or less, inter-se priority
continues to be determined with reference to the date and time of receipt of
the notices.
The
admissibility of a motion or part thereof is decided by the Speaker. A
motion may be disallowed by the Speaker if in his or her opinion it is an abuse
of the right of moving a motion or is calculated to obstruct or prejudicially
affects the procedure of the House or is in contravention of the rules.
The Speaker has the inherent power to rule out a motion at any time before
it is voted upon on the ground that it involves an abuse of the forms and
procedure of the House. No particular form has been1400 prescribed for a
motion for raising discussion on a matter of general public interest. It may
be in the form of a declaration of opinion or a recommendation; or it may
be in a form so as to record1440 approval or disapproval by the House of
an act or policy of the Government or express concern or commend, urge
or request an action or take note of a document or to consider a policy, statement
or situation. However, motions for raising discussions on matters of general
public interest are usually tabled in two forms. Under the first form, the
House takes note of a document laid on the Table while under the second, the
position regarding a specific matter is taken into consideration by the House.
The first form is generally used when a motion seeks to discuss a report or a
statement laid on the Table. The motion in this form is a non-committal
substantive motion and is submitted to the vote to the House on conclusion of
discussion. Amendments can also be moved thereto, approving or
disapproving of the report etc. The second form of motion is generally used
when a policy or situation or statement or1600 any other matter is to be taken into consideration.
