What Happened
- An editorial highlighted the declining standards of parliamentary debate and the need for Parliament to function as the primary forum for discussing contentious issues.
- The piece was published against the backdrop of disruptions during the Budget session, where the Opposition alleged denial of speaking opportunities and the ruling side accused the Opposition of obstructing legislative business.
- The editorial underscored that parliamentary mechanisms like Question Hour and debate procedures are being undermined, weakening the legislature's oversight function.
- The broader concern raised was that parliamentary norms -- evolved over decades through conventions, rules of procedure, and constitutional provisions -- are being systematically eroded.
Static Topic Bridges
Question Hour and Zero Hour: Parliament's Accountability Mechanisms
Question Hour is the first hour of every sitting of Parliament, constitutionally and procedurally designed to hold the executive accountable to the legislature. Zero Hour follows Question Hour and allows members to raise urgent matters without prior notice.
- Rule 32 of the Rules of Procedure and Conduct of Business in Lok Sabha provides that the first hour of every sitting shall be available for asking and answering questions, unless the Speaker directs otherwise.
- Types of Questions:
- Starred Questions (marked with asterisk): Require an oral answer, followed by supplementary questions. Printed on green paper. Up to 20 starred questions are selected daily through ballot.
- Unstarred Questions: Require a written answer. Up to 230 are selected daily.
- Short Notice Questions: Asked with less than 10 days' notice on urgent matters. Answered orally.
- Questions to Private Members: Addressed to a private member regarding a Bill, resolution, or matter for which they are responsible.
- Notice period: A minimum of 15 clear days' notice is required for a question, though the Speaker may relax this.
- Daily limit: Each member can submit a maximum of 10 questions (starred or unstarred) per day.
- Zero Hour (12 noon to 1 PM) is not formally recognised in the Rules of Procedure -- it is an informal parliamentary convention that evolved since the 1960s. Members raise matters of urgent public importance without the requirement of prior notice.
- Declining Question Hour productivity: According to PRS Legislative Research, the Lok Sabha spent only 60% of its scheduled time on Question Hour during the 17th Lok Sabha (2019-2024), with several sessions seeing complete washouts.
Connection to this news: The editorial's concern about parliamentary norms directly relates to the erosion of Question Hour and structured debate as accountability tools. When Parliament is disrupted, Question Hour is the first casualty, eliminating the most direct mechanism for legislative oversight of the executive.
Parliamentary Privileges and Role of the Speaker in Debate
Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and members, enabling them to discharge their functions effectively. The Speaker's role in managing debate is central to the effective exercise of these privileges.
- Article 105 confers parliamentary privileges, including freedom of speech in Parliament. No member shall be liable to any proceedings in any court for anything said or any vote given in Parliament.
- Article 105(3): The powers, privileges, and immunities of each House, its members, and committees are defined by Parliament by law; until so defined, they are those of the House of Commons of the UK Parliament as at the commencement of the Constitution.
- The Speaker's powers in managing debate include: (i) allotting time for discussion of different matters; (ii) deciding the order of speakers; (iii) directing members to conclude their speeches; (iv) maintaining order and decorum; (v) expunging unparliamentary expressions from the record.
- Rule 352 prohibits members from making personal charges against other members. The Speaker has discretion to order expunction of remarks that are defamatory, incriminating, or unparliamentary.
- Anti-Defection Law (Tenth Schedule): The Speaker serves as the quasi-judicial authority deciding disqualification cases under the Tenth Schedule, a role that the Supreme Court in Kihoto Hollohan v. Zachillhu (1992) upheld as subject to judicial review.
- The Leader of Opposition (LoP) holds a statutory position recognised under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977. The LoP is consulted in key appointments (CBI Director, Lokpal, CIC) and is entitled to adequate time in debates.
Connection to this news: The allegations of the Speaker "silencing" the Leader of Opposition strike at the heart of parliamentary privilege -- the right of members to speak freely and the obligation of the Chair to ensure equitable allocation of debate time. The balance between the Speaker's power to manage proceedings and the Opposition's right to be heard is a recurring tension in parliamentary democracy.
Parliamentary Disruptions: Impact on Legislative Functioning
Parliamentary disruptions have emerged as one of the most significant challenges to Indian democracy, leading to loss of legislative time, reduced scrutiny of government bills, and erosion of public trust in the institution.
- Data on disruptions: According to PRS Legislative Research, the 15th Lok Sabha (2009-2014) lost 37% of its scheduled time to disruptions, the 16th Lok Sabha (2014-2019) lost about 16%, and the 17th Lok Sabha (2019-2024) showed a mixed record.
- Budget session impact: Disruptions during the Budget session are especially consequential because they affect scrutiny of the Union Budget. When the House is adjourned, Demands for Grants are passed through the "guillotine" without discussion, undermining Parliament's core financial oversight function.
- Causes: Disruptions typically arise from demands for discussions on specific issues, protest against government policies, or allegations of denial of speaking time.
- National Commission to Review the Working of the Constitution (NCRWC, 2002) recommended the adoption of a code of conduct for legislators and stricter enforcement of disciplinary rules.
- Rule 374A (Lok Sabha) provides for automatic suspension of members causing persistent disruption, without the need for a formal motion. The Speaker can name a member who disregards the authority of the Chair, and such member is automatically suspended for five consecutive sittings or the remainder of the session, whichever is less.
- The Supreme Court in several observations has noted that disruptions and adjournments result in wastage of public money and undermine the democratic mandate.
Connection to this news: The editorial's call for Parliament to function as a forum for debate resonates with the broader institutional crisis of declining legislative productivity. The current disruptions during the Budget session risk the passage of Demands for Grants without scrutiny, which directly undermines Parliament's role as the custodian of the public purse.
Key Facts & Data
- Question Hour is governed by Rule 32 of the Rules of Procedure and Conduct of Business in Lok Sabha.
- Up to 20 starred questions and 230 unstarred questions are selected daily through ballot.
- Members must give a minimum of 15 clear days' notice for questions.
- Zero Hour is an informal convention not formally recognised in the Rules of Procedure.
- The 15th Lok Sabha lost 37% of scheduled time to disruptions; the 16th lost about 16%.
- Rule 374A allows automatic suspension of members causing persistent disruption for up to five consecutive sittings.
- Parliamentary privileges are enshrined in Article 105 of the Constitution.
- The Leader of Opposition is a statutory position under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.
- The NCRWC (2002) recommended a code of conduct for legislators and stricter disciplinary enforcement.