Indian Polity – Class 13

Topics Covered:
- Business Hours of the Parliament
- Various kinds of Motion
- Budget (Financial Legislation in
Parliament)
- Different Kinds of Funds
Ganesh Kumar.M
 Devices of Parliamentary Proceedings

Ensuring Accountability:
The Parliamentary question is a technique of parliamentary control
over administration. In this system the government is answerable for all
its acts of omission and commission to the parliament and through the
parliament to the people.
* Individually the members of the house exercise this power inter
alia through the instrument of parliamentary questions
* This answerability or accountability of the administration is
exercised at two level
1. House exercise this power collectively by itself.
2. Parliamentary committees (Refer parliamentary
committees).
 Business Hours of the Parliament
Question Hour:
* The first hour of every parliamentary sitting is slotted for this.
During this time, the members ask questions and the ministers usually
give answers.
* During this hour, matters concerning the Government of India are
raised and problems are brought to the notice of the Government to seek
their intervention to redress public grievances.
Zero Hour:
* The zero hour starts immediately after the question hour and
lasts until the agenda for the day (i.e. regular business of the House) is
taken up.
* In other words, the time gap between the question hour and the
agenda is known as zero hour.
* It is an Indian innovation in the field of parliamentary procedures
and has been in existence since [Link], it is an informal device
available to the members of the Parliament to raise matters without any
prior notice.
* Unlike the question hour, the zero hour is not mentioned in the
Rules of Procedure.
Various kinds of Motion:
- It is a formal proposal asking the house to take action.
- The motion is a proposal brought before the house for
eliciting decision or expressing the opinion of the house.
- No discussion on a matter of general public importance can
take place except on a motion made with the consent of the
presiding officer.
- For raising urgent matters of public importance requiring
immediate attention of the government and the parliament has
facilitated by various methods, namely
No-Confidence Motion:
- Article 75 of the Constitution says that the council of
ministers shall be collectively responsible to the Lok Sabha. It means
that the ministry stays in office so long as it enjoys confidence of the
majority of the members of the Lok Sabha.
- In other words, the Lok Sabha can remove the ministry from
office by passing a no-confidence motion. The motion needs the
support of 50 members to be admitted.
Adjournment motion:
1) It is introduced in the Parliament to draw attention of the
House to a definite matter of urgent public importance, and needs
the support of 50 members to be admitted. Such a motion may
interrupt the regular business.
 2) It has to be agreed by the speaker, the discussion on an
admitted adjournment motion normally starts at 4:00 PM to 6:30
PM.
3) Adoption of an adjournment motion involves an element of
censure against the government, the Rajya Sabha doesn’t make of
this power.
Censure motion:
A motion moved against the Government censuring its policy in
some direction or an individual minister or ministers of the
Government.
- A censure motion can be moved in the parliament or in a
state assembly in India.
- It is moved by the opposition against a specific policy of the
government or against a minister or against the whole council of
ministers.
- Censure motion can be exercised in both Lok Sabha as well
as Rajya Sabha.
Privilege Motion:
* It is concerned with the breach of parliamentary privileges by
a minister. It is moved by a member when he feels that a minister
has committed a breach of privilege of the House or one or more of
its members by withholding facts of a case or by giving wrong or
distorted facts.
* Its purpose is to censure the concerned minister.
Calling attention motion:
* It is introduced in the Parliament by a member to call the
attention of a minister to a matter of urgent public importance, and
to seek an authoritative statement from him on that matter.
* Like the zero hour, it is also an Indian innovation in the
parliamentary procedure and has been in existence since 1954.
However, unlike the zero hour, it is mentioned in the Rules of
Procedure.
 * Unlike Adjournment motion rest only with Lok Sabha, calling
attention is applicable for both houses; A member with previous
permission of chairman/ Speaker is required.
No-Day-Yet-Named Motion:
* It is a motion that has been admitted by the Speaker but no
date has been fixed for its discussion.
* The Speaker, after considering the state of business in the
House and in consultation with the leader of the House or on the
recommendation of the Business Advisory Committee, allots a day or
days or part of a day for the discussion of such a motion.
Categories of Questions:
- Questions asked in both houses of parliament are normally
addressed to the ministers (Government members) and can be
categorised as
- Starred Questions
- Unstarred Questions
- Short Notice
* Starred Questions:
* A starred question (distinguished by an asterisk) requires an
oral answer and hence supplementary questions can follow.
* An unstarred question:
* Answer to such a question, unlike starred questions is not
given orally, but in a written form. No supplementary questions can
be asked.
* A short notice question:
* It is one that is asked by giving a notice of less than ten days.
It is answered orally.
* In addition to the ministers, the questions can also be asked
to the private members.
 Budget (Financial Legislation in Parliament)

- In India before Independence GOI act 1892 facilitated

Legislative council a power to discussing the Budget and asking
question to the executive.
- After Independence, Constitution of India enacted the
provisions of passing budget in the Parliament. It is presented in
both a house of parliament every year.
* The parliament vest with the power of controlling budget by
a) Taxes cannot be imposed (or) collected without the
authority of Law. (Article 265).
b) Expenditure cannot be incurred without the
authorization of the Legislature. (Article 266(3).
 - Thus, the Budget contain a statement of the estimated receipts
and expenditure of the GOI for the year. This is known as the “Annual
financial statement.” Article 112
- It also states “ways and means” of meeting the estimated
expenditure.
The parliament exercises financial oversight over the Government budget
in two stages
1) At the time of the Annual financial Statement
2) Reviewing the Government’s Budget implementation efforts
through the year (CAG Report).
 * At the beginning of every financial year (April to march), the
president cause to be laid before both the house of parliament a
statement of the estimated receipts and expenditure of the
Government of India. This is knowns as “Annual Financial
statement” Article 112.
* The Annual Financial statement not only consists of estimate
of expenditure and ways and means to raise expenditure, but also
consists of three types of budget figures.

For e.g.: For Budget (2024-25), it consists of

- Actual Budget (2022-23)
- Revised Budget (2023-24)
- Estimate Budget (2024-25)
* It means not only estimate the future course but also analysis
the Actual expenditure and receipts of the previous year.
 * In addition to it, According to Fiscal Responsibility and
Budget management Act (2003), it has to summit three
statements.
1. Medium term fiscal policy statement
2. The fiscal policy strategy statement
3. Macro-economic policy framework statement
1. To deposit and withdraw from a Government, the
constitution of India provides for a consolidated fund of India
under Article 266 to which all REVENUES received by loans and
advances are credited.
2. The EXPENDITURE embodied in the Budget as
a) Sum required to meet the items of expenditure
described by the constitution as those CHARGED ON THE
CONSOLIDATED FUND OF INDIA”.
b) The sum required to meet other expenditure proposed
to be made from the consolidated fund of India.
The first category i.e. Expenditure Charged on the CFI is subject to
described on the both houses but are not summitted to vote under
Article 112. The things which are
[Link] and allowances of the President and other
expenditure relating to his office.
[Link] and allowances of the Chairman and the Deputy
Chairman of the Rajya Sabha and the Speaker and the Deputy
Speaker of the Lok Sabha.
[Link], allowances and pensions of the judges of the
Supreme Court.
[Link] of the judges of high courts.
[Link], allowances and pension of the Comptroller and
Auditor General of India.
 [Link] expenses of the Supreme Court, the office of
the Comptroller and Auditor General of India and the Union Public
Service Commission including the salaries, allowances and pensions
of the persons serving in these offices.
[Link] debt charges for which the Government of India is liable,
including interest, sinking fund charges and redemption charges
and other expenditure relating to the raising of loans and the service
and redemption of debt.
[Link] sum required to satisfy any judgement, decree or award
of any court or arbitral tribunal.
[Link] other expenditure declared by the Parliament to be so
charged.

* Second Category are presented in the form of “Demand for

Grants” to the Lok Sabha and voted by this house.
 Stages in Financial Legislation

Stage:1
The Budget is presented with a “Budget speech”, The speech
contains
- Economic Survey
- Taxation Proposals
* As soon as Finance Minister, presented a Budget in Lok
Sabha, a copy of budget laid on the Rajya Sabha, in this stage there
is no any discussion of the budget. No Budget is moved at this stage
nor is the budget submitted to vote.
Stage II:
* The council of states have no business in this stage other than a
mere General discussion. The voting of the grants, i.e. demands for
expenditure made by Government is an exclusive business of the Lok
Sabha.
* After General discussion in both house it moves on another stage.
Stage III
* After general discussion, on the house adjourned for few weeks, in
this mean time 24 “Department related standing committee” of Parliament
examine the “Demand for Grant” in detail and prepare report on them.
e.g. 1. Committee on Commerce · 2. Committee on Home Affairs · 3.
Committee on Human Resource Development · 4. Committee on Industry
·
* It makes the function more effective, in-depth and comprehensive.
* The Report is submitted in the parliament (i.e. both houses of
Parliament) for consideration.
Stage IV:
* The report submitted by individual ministry, coming for a
vote in Lok Sabha, once it get voted, the demand and concerned
ministry withdraw fund from CFI
(In this stage “members of Parliament” can also move motion,
which are cut motions (Three types)
(a) Policy Cut Motion:
It represents the disapproval of the policy underlying the
demand. It states that the amount of the demand be reduced to
Rs 1/-. The members can also advocate an alternative policy.
(b) Economy Cut Motion:
* It represents the economy that can be affected in the
proposed expenditure. It states that the amount of the demand be
reduced by a specified amount (which may be either a lumpsum
reduction in the demand or omission or reduction of an item in the
demand).
(c) Token Cut Motion:
* It ventilates a specific grievance that is within the sphere of
responsibility of the Government of India. It states that the amount
of the demand be reduced by ₹100.
* It is not to oppose complete bill, but only to show displeasure
that certain section of grant needs to be modified.

- The Business advisory committee fixes a time limit for

voting a particular demand. As soon as time limit for a demand is
over, closure is applied and the demand is put to vote, without
discussion. This process is “Guillotine”. With this, the discussion
on demand for grant is concluded.
5. Passing of Appropriation Bill:
- After discussion, all expenditure including charged CFI and
Demand for grants are put together as Appropriation bill, to meet
the expenditure. In this stage no such amendment can be proposed
to the appropriation bill in either house of the Parliament.
* Similarly, taxation proposals of the Budget are embodied in
another bill known as the “Annual Financial Bill”
* Both these bills are being money bill and same procedure has
to be followed as money bill for passing this as a act.
* The bill has to be considered and passed by the parliament
and assent by the President.
Funds:
The Constitution of India provides for the following three kinds
of funds for the Central government:
[Link] Fund of India (Article 266)
[Link] Account of India (Article 266)
[Link] Fund of India (Article 267)
Consolidated Fund of India: Created under Article 266
- It is a fund to which all receipts are credited and all payments
are debited.
- In other words, (a) all revenues received by the Government of
India; (b) all loans raised by the Government by the issue of treasury
bills, loans or ways and means of advances; and (c) all money
received by the government in repayment of loans forms the
Consolidated Fund of India.
- All the legally authorised payments on behalf of the
Government of India are made out of this fund. No money out of this
fund can be appropriated (issued or drawn) except in accordance
with a parliamentary law.
 Public Account of India: Created under Article 266

- All other public money (other than those which are credited
to the Consolidated Fund of India) received by or on behalf of the
Government of India shall be credited to the Public Account of India.

- This includes provident fund deposits, judicial deposits,

savings bank deposits, departmental deposits, remittances and so
on.
- This account is operated by executive action, that is, the
payments from this account can be made without parliamentary
appropriation. Such payments are mostly in the nature of banking
transactions.
 Contingency Fund of India
- The Constitution authorised the Parliament to establish a
‘Contingency Fund of India’, into which amounts determined by law
are paid from time to time.
- Accordingly, the Parliament enacted the contingency fund of
India Act in 1950. This fund is placed at the disposal of the
president, and he can make advances out of it to meet unforeseen
expenditure pending its authorization by the Parliament.
- The fund is held by the finance secretary on behalf of the
president. Like the public account of India, it is also operated by
executive action.
- State Legislature also can create such a fund at the disposal
of Governor.
Thank You