In the first week of this session, Lok Sabha has functioned for 5% of the scheduled time – PRS Legislative Research’s Shreya Singh

The ongoing Winter Session of the Indian Parliament is scheduled to run till February 21 this year. Although it has largely been in the news for disruptions and instances of decidedly un-Parliamentary behavior, a number of substantial legislations are likely to be introduced or even passed in this session..We get PRS Legislative Research’s Shreya Singh to talk us through what has taken place so far, the procedures involved and what can be expected in the days that follow..Bar & Bench: The second Winter Session started last week. What were the Bills that were supposed to be introduced?.Shreya Singh: The Winter Session which was adjourned sine die in December 2013 was not prorogued. The second part of the Session is being held from February 5 to February 21 with a total of 12 sittings..A total of 39 Bills were listed for passage in the second part of the Winter Session. This included consideration and passing of 29 Bills currently pending in Parliament and the introduction, consideration and passing of four new Bills, as well as the presentation of six Bills related to the interim budget..Bar & Bench: First week of the second winter session of Parliament. Nothing much seems to have happened right?.SS: As of 12th February, five legislative Bills have been introduced in Parliament. No Bills have been passed. Both Houses have been adjourned repeatedly due to disruptions over Telangana, the plight of Tamil fishermen, discrimination against persons from the Northeast and a host of other issues..The Bills introduced are:.– The Andhra Pradesh Reorganisation Bill, 2014.– The Human Immunodeficiency Virus And Acquired Immune Deficiency Syndrome (Prevention And Control) Bill, 2014.– The Constitution (Scheduled Castes) Orders (Amendment) Bill, 2014.– The Acquisition of Certain Area in Mumbai for Dr. Bhimrao Ambedkar Memorial Bill, 2014.– The Rights of Persons with Disabilities Bill, 2014.The Interim Budget (Railways), 2014-15 and The Supplementary Demands for Grants (Railways) 2013-14 have also been tabled..The government did try to introduce the Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2014 in the Rajya Sabha, after withdrawing an earlier version of the Bill, The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005..However, the introduction of the Bill was opposed by MPs on the ground that Parliament lacked the legislative competence to enact the Bill. They argued that the Bill was related to public order, which is a state subject, over which the Parliament does not have the power to legislate on. Sensing the mood of the Upper House, Deputy Chairmen P J Kurien deferred the introduction of the Bill..B&B: So if a Bill is introduced in the Upper House, what is the next step?.SS: Irrespective of which House a Bill is introduced in, the Bill is referred to a Standing Committee at the discretion of the presiding officer of the House. After the Standing Committee submits its report, there is a discussion and vote on the Bill. Once a Bill has been passed by one House, it is transmitted to the other House for its approval..B&B: With respect to the Disabilities Bill, was it referred to a Standing Committee? And if so, what happens next?.SS: The Bill was introduced in Rajya Sabha on February 7th. The Bill has not been referred to a Standing Committee yet..B&B: How much time did the Parliament actually function for?.SS: Between February 5th and February 13th, Lok Sabha has functioned for 5 percent of scheduled time, while Rajya Sabha has functioned for 8 percent. Both Houses have worked for less than three hours over seven sittings..During the 15th Lok Sabha, Lok Sabha has functioned for 62 percent of the scheduled time while Rajya Sabha has functioned for 67% of the scheduled time..B&B: The Telangana Bill – was it introduced? What is the next step?.SS: The bulletin of the Lok Sabha indicates that the Bill was introduced. The Bill is listed for consideration and passing during this Session..B&B: Pepper spray? What happens to these MPs? Has anything like this taken place before?.SS: 17 MPs were suspended by the Speaker of the Lok Sabha under Rule 374A. As per this Rule, a Member can be named and suspended for five consecutive sittings by the Speaker for causing grave disorder by “coming into the well of the House or abusing the Rules of the House persistently and wilfully obstructing its business by shouting slogans”..During the 2013 Monsoon Session, 12 MPs were suspended under Rule 374A by the Speaker in Lok Sabha on August 23 for disrupting the proceedings of the House. Of these, nine MPs were suspended again on September 2. On each occasion the MPs were suspended for five sittings..The Lok Sabha Rules of Procedure lay down 2 other provisions for the Suspension of a Member of Parliament. Under Rule 373, the Speaker can direct any member whose conduct is “grossly disorderly” to withdraw from the House for the remainder of the day’s sitting..Under Rule 374, the Speaker can name a member who “abuses the rules of the House by persistently and wilfully obstructing the business thereof.” The naming of a Member under Rule 374 has to be followed with a motion for suspension, which must be approved by the House..B&B: Is it normal for more Bills to be introduced in the Upper House as compared to the Lower House?.SS: The Minister piloting the Bill chooses which House to introduce the Bill in. The exception is Money Bills, which can only be introduced in Lok Sabha. If a Bill is introduced in Rajya Sabha, it does not lapse when the term of the Lok Sabha gets over. In the 15th Lok Sabha, 150 Bills have been introduced in Lok Sabha, while 72 have been introduced in Rajya Sabha..B&B: What about those six Bills that the Congress Prime Ministerial candidate, Rahul Gandhi, repeatedly mentioned in a recent TV interview. Are these Bills also going to be introduced in Parliament anytime soon?.SS: All six Bills have been introduced in Parliament, but are in different stages of the parliamentary system. These six bills are:.1. The Judicial Standards and Accountability Bill, 2010 (Pending in Rajya Sabha).2. The Whistle Blowers Protection Bill, 2011 (Pending in Rajya Sabha).3. The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 (that is, the citizen’s charter bill) (Pending in both Houses).4. The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2011 (Pending in both Houses).5. The Prevention of Corruption (Amendment) Bill, 2013 (Pending in both Houses).6. The Public Procurement Bill, 2012 (Pending in both Houses).B&B: Is there anyway of knowing which Bill out of the ones listed in the Day’s Legislative Agenda shall be introduced?.SS: Not really. In fact, it is interesting to note that of the five legislative Bills introduced in this Session so far, only two were listed in the 39 Bill agenda for this Session. As of 13th February, 42 Bills are pending passage in this ongoing Session with just six sittings left..(If you have any specific queries for PRS to answer, send us a mail at info@barandbench.com)