CHAPTER—22

Resolutions

M ost of the business in Parliament is transacted by means of motions.

After a matter has been discussed, the motion is put to the vote of
the House, which is technically known as putting the question. “The decision
which the putting of the question has thus elicited turns the motion into
a resolution of order.”1 Every question, when agreed to, becomes either
an order or of a resolution of the House. By its resolutions, the House
declares its own opinions and purposes.2

Any member may, subject to the rules, move a resolution in the

Rajya Sabha relating to a matter of general public interest.3 Resolutions
may be categorised as: (i) private members’ resolutions, i.e. resolutions
which are moved by a member, other than a Minister on an allotted day;
(ii) Government resolutions, i.e. resolutions which are moved by Ministers;
and (iii) statutory resolutions i.e. resolutions which are moved in pursuance
of a provision contained in the Constitution or an Act of Parliament.

A. Private members’ resolutions

Notice and draw of lot

Unless the Chairman otherwise directs, not less than two and a half
hours of a sitting on Friday are allotted for private members’ business.4
Alternate Fridays are allotted for resolutions and Bills. A private member,
i.e., a member other than a Minister5 who wishes to move a resolution on
a day allotted for private members’ resolutions has to give a notice to that
effect at least two days before the date of draw of lot.6

Until the Fifty-fifth Session (1966), the procedure was that members
used to give notices of resolutions for allotted days within the
prescribed time and those resolutions which were admitted were
notified in the Bulletin and balloted with a view to selecting five of
them for inclusion in the list of business for allotted days during the
session. The present procedure was put in operation with effect from
that Session.7 Rule 154 was, however, amended only later, on the
recommendation of the Rules Committee to incorporate the new
practice.8

761
762 Rajya Sabha at Work

The names of all members from whom such notices are received are
drawn by lot for the allotted day9 and those members who secure the first
five places therein are eligible to give notice of one resolution each within
ten days of the draw of lot.10 A separate draw of lot is held for each
allotted day. The date and time for holding the draw of lot are notified
in Parliamentary Bulletin Part-II before the commencement of a session.
In accordance with the practice the names of members who would be
eligible to give a resolution are ordinarily balloted twenty-one days in
advance of the allotted day. However, if the time gap between the date
of issue of the summons and the allotted day is less than twenty-one days,
the date of draw of lot is advanced.
For instance, the 80th Session commenced on 8 May 1972 and the
summons to members were issued on 18 April 1972. The date of draw
of lot was fixed on 25 April 1972, instead of 21 April 1972, i.e., a
week after the issue of summons for allotted day on 12 May 1972.11

Form
A resolution may be in the form of a declaration of opinion by the
House or in such other form as the Chairman may consider appropriate,12
such as, in the form of expression of concern on a situation,13 urging
reversal, change, review, reformulation of a policy,14 urging for a legislation
or Constitution amendment15 or drawing urgent attention to a matter of
public interest16 or making appeal to international community on a subject,17
and so on.
Conditions of admissibility
In order that a resolution may be admissible, it should (i) be clearly
and precisely expressed;18 (ii) raise substantially one definite issue;19
(iii) not contain arguments, inferences, ironical expressions, imputations,
or defamatory statements;20 (iv) not refer to the conduct or character of
persons except in their official or public capacity;21 and (v) not relate to
any matter which is under adjudication by a court of law having jurisdiction
in any part of India.22
A member gave notice of a resolution calling upon Government to
revoke Proclamations issued under article 356 of the Constitution
imposing President’s rule in nine States, on 17 February 1980. It was
brought to the notice of the Chairman that a number of petitions
were pending in High Courts challenging the Proclamations. The
Chairman heard leaders of various groups and other members including
the Leader of the House in his Chamber. The Chairman declined to
admit the resolution and held, inter alia, as under:

It is unlikely that the resolution will not entail detailed discussion

of the self-same matters in the House. Although a resolution of
Resolutions 763

this type does not approve or disapprove the Presidential

Proclamation, it will cover the same grounds as the petitions.
Apart from the fact that by itself the resolution, if passed, will
not affect the normal procedure which the Constitution
contemplates, it is obviously a peg to bring into discussion in the
House the grounds on which the petitions are based. This is
precisely the substance of the matter under sub-rule (v) of rule
157 which the House itself has framed as a matter of comity
between itself and the courts. To admit the resolution will be to
breach the comity created.23

A resolution under the administrative jurisdiction of the Presiding

Officer is also not admitted. However, there have been instances when
resolutions of general nature though ultimately or indirectly may come
within such jurisdiction have been admitted and moved.

A resolution was moved and discussed regarding the need for a law
to regulate recruitment, promotion and conditions of service for all
categories of Government employees, including employees of
Parliament. The resolution was, however, withdrawn by the leave of
the House.24

Another resolution moved was regarding televising the proceedings of

Parliament. The resolution was eventually withdrawn. However,
Government assured that the issues and problems involved in the
proposal would be placed before the General Purposes Committee of
each House.25

After a resolution has been moved in the House, no resolution or

amendment raising substantially the same question can be moved within
one year from the date of the moving of the earlier resolution.26 If a
resolution has been withdrawn or is deemed to be withdrawn with the
leave of the House, no resolution raising substantially the same question
can be moved during the same session.27 A resolution should not also raise
a question substantially identical with the one on which the House has
already given a decision in the same session.28

The Chairman decides whether a resolution or a part thereof is or

is not admissible under the rules and may disallow a resolution or a part
thereof when in his opinion it does not comply with the rules.29 If on
scrutiny, the notice of the resolution given by a member is found to be
inadmissible, the member concerned is asked to give another one. The
admitted resolutions are first notified in a Parliamentary Bulletin Part-II
and thereafter included in the list of business in the order of the draw of
lot. A copy each of the admitted resolutions is forwarded to the Ministry
of Parliamentary Affairs for onward transmission to the concerned Ministries.
764 Rajya Sabha at Work

Resumption of adjourned debate on private members’ resolutions

When the debate on a private members’ resolution is adjourned sine

die, the mover of the resolution may, if he wishes to proceed with such
resolution on a subsequent day allotted for private members’ resolutions,
give notice for resumption of the adjourned debate and on receipt of such
notice, such a resolution has precedence over other resolutions set down
for that day.30

When on a motion being carried, the debate on a private member’s

resolution is adjourned to the next day allotted for private members’
resolutions in the same or next session, it is not set down for further
discussion unless it has gained priority in the draw of lot.31 Accordingly,
unless a motion is moved or the House agrees by consensus, the resolution
which remains inconclusive is not automatically carried forward to the
next session. The discussion remains inconclusive and the resolution lapses
at the end of that session.

There have been a few instances when on a motion moved and

adopted, the discussion on a private member’s resolution has been
carried to the next session to be taken up as the first item on the
first day allotted to the private members’ resolutions. The two
instances are of early fifties32 and the other two instances took place
more than four decades later.33 However, during the period between
2001 and 2014, there have been as many as fifteen occasions when
private members’ resolutions had been carried over to the next
session.34

When a resolution has been moved in the House, one of the following
contingencies may arise: it may be adopted, it may be negatived, it may
be withdrawn, it may be talked out (i.e., remain inconclusively discussed
without being adopted, negatived or withdrawn), or the debate thereon
may be adjourned to be resumed later.

Admitted resolutions

The list of business for a day allotted for private members’ resolutions
generally contains five resolutions in the names of members who are
successful in the draw of lot, in addition to a part-discussed resolution, if
any.35 However, if all members securing places in the draw of lot do not
submit their resolutions the list of business may contain less than five
resolutions.36 The resolutions are put down in the list of business in the
order in which the names of members appear in the result of the draw of
lot. A resolution which remains part-discussed at the end of the day has
precedence over all other resolutions set down for the next allotted day
Resolutions 765

in the same session.37 If a resolution set down in the list of business for
a day is not taken up on that day, it is treated as withdrawn and is not
set down for discussion on any subsequent day during the session,38 unless
it is given again by a member securing a place in the draw of lot for that
day in that session.

Allotment of time

The last two and a half hours of a sitting on every alternate Friday
in the session are allotted for the discussion of private members’ resolutions.
The Chairman may, in consultation with the Leader of the House, allot any
day other than a Friday for the purpose. If there is no sitting of the House
on a Friday, the Chairman may direct that two and a half hours on any
other day in the week may be allotted for private members’ resolutions.39
The time may also be shifted due to exigencies of the business.

Time limit for resolutions

The Business Advisory Committee is empowered to recommend the

time that should be allocated for the discussion of private members’
resolutions.

On many occasions, the Business Advisory Committee has, while

allotting two and a half hours for a resolution or without doing so,
recommended that the discussion on a resolution should be concluded
the same day.40

On an occasion, a member moved a resolution on 7 March 1969,

regarding diplomatic recognition to German Democratic Republic. The
resolution was discussed on 21 March 1969 also but remained
inconclusive. The mover of the resolution moved a motion “that the
time for the debate on the resolution be extended.” The motion was
negatived by a division and the resolution lapsed at the end of the
session.41

The General Purposes Committee in its meeting held on 28 April 2008

decided that the time limit of two hours for discussion on a private
member’s resolution should be strictly adhered to. It was also
recommended by the Committee that a private member’s resolution
taken up on a day should be disposed of on the same day.

No speech on a resolution can, except with the permission of the

Chairman, exceed fifteen minutes in duration. However, the mover of a
resolution, when moving it, and the Minister concerned when speaking for
the first time, may speak for thirty minutes or for such longer time as the
Chairman may permit.42 In order to ensure that the discussion on a resolution
766 Rajya Sabha at Work

is concluded within a stipulated time frame, the Chairman has issued

direction on 2 May 1997 to the effect that the maximum time limit for
discussion on a private member’s resolution shall be two hours.43

Moving of resolution

A member in whose name a resolution stands in the list of business,

when called on, moves the resolution, unless he wishes to withdraw it,
commencing his speech by formal motion in the terms appearing in the list
of business.44

A member may, with the permission of the Chairman, authorise any

other member in whose name the same resolution stands lower in the list
of business, to move it on his behalf and the member so authorised may
move accordingly.45

If a member, when called on to move a resolution is absent, any

other member authorised by him in writing in this behalf may, with the
permission of the Chairman, move the resolution standing in his name.46

On an occasion, a member moved a resolution on behalf of another

member. After the disposal of that resolution, he also moved his own
resolution standing next to the previous resolution in the list of
business.47

Amendments

After a resolution has been moved, any member may, subject to the
rules relating to resolutions, move an amendment to the resolution.48 If
notice of such amendment has not been given one day before the day on
which the resolution is moved, any member may object to the moving of
the amendment, and such objection prevails, unless the Chairman allows
the amendments to be moved.49 Lists of amendments of which notices
have been received are circulated to members from time to time.50

To a resolution regarding appointment of a Committee to inquire into

conditions of literatures in various Indian languages as many as thirteen
amendments were moved.51

On an occasion, a resolution was declared as adopted. However,

objection was taken on the ground that the demand of some members
for a division thereon was not conceded by the Chair. The House had
to be adjourned for a while. After it reassembled, the Chair permitted
the mover to move two amendments. Then the resolution, as amended,
was adopted.52
Resolutions 767

Scope of discussion and right of reply

The discussion on a resolution must be strictly relevant to and within

the scope of the resolution.53 The mover of the resolution has the right
of reply. In the absence of the mover, the resolution is put to vote for
taking a decision thereon.
On an occasion, in respect of a resolution regarding food situation in
the country, the House granted permission to the concerned Minister
not to intervene in the debate (due to the discussion on food situation
proposed next week).54

A resolution was discussed on a Friday inconclusively. After a fortnight,

when the resolution was to be taken up for further consideration, a
member informed that he had received a telegram from the mover
for the withdrawal of the resolution in view of the reply of the
Minister and that the mover had sent a telegram to the Secretariat
also. However, the resolution was put to vote and negatived.55

The discussion on a resolution moved on 10 March 2006 during

207th Session, was to resume on the next private members’ day, i.e.
19 May 2006. But due to absence of the mover of the resolution, it
was put to vote and negatived by the House.56

During 218th Session, the discussion on the resolution moved on

26 November 2009 was to resume on 11 December 2009. But due to
absence of the mover of the resolution, it was put to vote and
negatived.57

Putting and splitting of resolution

As already stated a resolution moved is either adopted, negatived,

withdrawn, postponed or talked out. Any of the first three contingencies
takes place when the Chair puts the resolution to the House at the end
of discussion. When any resolution involving several points has been
discussed, the Chairman may divide the resolution, and put each or any
point separately to the vote, as he may think fit.58 The Chairman may also
amend the resolution factually before putting it to the House.
On 23 August 1954, the Chairman had announced the changed
nomenclature of the Council of States as Rajya Sabha.59 The Chair put
a resolution which was under discussion from the previous session,
with the amendments in the text of the resolution as follows:

(i) For the beginning words of the original resolution, “This

Council”, the words substituted were “This House”; and

(ii) the word “proposed” (military aid) was omitted.

The resolution was, however, negatived.60

768 Rajya Sabha at Work

A copy of every resolution which has been adopted by the House is

forwarded to the Minister concerned by the Secretariat.61
Withdrawal of resolution
A member in whose name a resolution stands in the list of business,
may, when called on, withdraw the resolution in which case he confines
himself to a mere statement to that effect.62
A resolution regarding appointment of a Committee to go into the
working of three Akademies was included in the list of business. The
Minister of Education and Youth Affairs informed the House about
Government’s decision to appoint a Committee. In view of this, the
member stated that he did not propose to move the resolution and
the resolution was, therefore, not moved.63

But if the resolution or an amendment thereto has been moved, the

same cannot be withdrawn except by leave of the House.64 The leave of
the House is signified by the Chairman taking the pleasure of the House.
If no one dissents, the leave is given, if any dissentient voice is heard, the
Chairman puts the resolution for the decision of the House.65
While replying to the debate on his resolution, a member asked for
the leave of the House to withdraw it. The Deputy Chairman asked the
House whether the mover had the leave. A member said ‘No’.
Thereafter, the resolution was put to the vote of the House and
negatived.66

Non-withdrawal of resolution
A member in whose name a resolution stands in the list of business
and on which the discussion has concluded may, when called on, withdraw
it with the permission of the House by a mere statement to that effect.
However, if the mover of resolution refuses to withdraw his resolution,
when called on to do so, the Chairman puts the resolution for decision of
the House.
During 226th Session, the carried forward resolution regarding formation
of a separate State of Telangana, moved on 4 May 2012 in
225th Session, was taken up for further discussion on 17 August 2012
The debate on the resolution concluded but the member refused to
withdraw his resolution when called on to do so. The Chair, accordingly
put the resolution to vote and the same was negatived.67

Removal of a resolution from the list due to retirement of a member

A resolution of a member was discussed on 17 March 1972. The discussion
was not concluded that day. The member retired on 2 April 1972. The
resolution was included for the subsequent day i.e., 7 April 1972. However,
a revised list of business was issued to omit the resolution on the ground
Resolutions 769

that a resolution moved by a private member and pending in the House

would lapse when the member concerned ceased to be a member of the
House.68 A similar occasion arose again when a resolution moved by a
member on 8 March 2002, remained inconclusive after discussion on that
day. The member retired on 9 April 2002. On the same analogy as mentioned
above, the resolution was treated as lapsed69 and notified in Parliamentary
Bulletin Part-II dated 11 April 2002.

Private members’ resolutions adopted

Since 1952, a number of resolutions have been discussed. Some of

the resolutions which have been adopted are as follows:

Prohibiting exhibition of undesirable films, moved by Shrimati Lilavati

Munshi70 (Cinematograph Act was amended in 1959); enfranchisement
of displaced persons from Pakistan, moved by Shri B.C. Ghose71
(Citizenship Act was amended in 1955); widening the scope of NCC/
ACC, moved by Dr. (Shrimati) Seeta Parmanand;72 giving preference to
Indian owned/controlled advertising agencies for advertisements by
Railways, Government companies, etc., moved by Shrimati Violet Alva;73
full mechanisation of coal and ore port on the West Bank of lower
Hooghly, moved by Prof. Humayun Kabir;74 appeal to governments in
world to suspend nuclear tests, moved by Shri Mulka Govinda Reddy;75
appointment of a committee to enquire into procedures for sanctioning
exhibition of films, moved by Shri S.B. Bobdey76 (Khosla Committee);
abolition of privy purses and privileges of ex-rulers, moved by
Shri Banka Behary Das77 (Constitution Amendment Bill for the purpose
fell in the Rajya Sabha; later it was re-introduced and passed);
advertisement to Indian owned/controlled advertising agencies moved
by Shri Joachim Alva78 (this was in furtherance of the earlier resolution
moved by Shrimati Violet Alva); improvement of urban slums, moved
by Shrimati Monika Das;79 appealing to world community to stop
blood-shed in Afghanistan, moved by Shri Chaturanan Mishra;80 atrocities
on women, moved by Shri Viren J. Shah.81

The discussion need not be reopened after the mover of a private

member’s resolution had replied to the discussion. On 24 March 1995,
after the discussion on a private member’s resolution regarding measures
for tackling increasing crimes in the country, particularly against women,
the mover of the resolution, Shri Viren J. Shah replied to the debate. Soon
after that, Shri V. Narayanasamy rose to speak on the resolution. But the
Vice-Chairman said that the member could not make a speech after the
resolution had been replied to. Even as the member insisted on speaking,
the Vice-Chairman said that it was not the convention of the House to
reopen discussion at the time of putting the resolution to vote. But the
770 Rajya Sabha at Work

member insisted on his right to speak and referred to rules 154-166. Ruling
out his argument, the Vice-Chairman observed:

I have already ruled...that after the mover of the resolution has replied
I have not allowed..I will not allow anybody. No rule permits me to
reopen the issue. The rule is clear.82

B. Government resolutions

There are no separate rules regulating the procedure for Government

resolutions. Government resolutions are distinguished from private members’
resolutions in some important respects. A notice for a resolution given by
a member of the Government, i.e., a Minister comes under the category
of Government resolutions. They are not subject to the procedure of draw
of lot unlike private members’ resolutions. No period of notice as such has
been prescribed for Government resolutions though in actual practice
Ministers give notice of their resolutions much in advance of the dates on
which the resolutions are proposed to be taken up for discussion in the
House. Besides, private members’ resolutions are taken up only on fixed
days and at fixed hours as per the rules. Government resolutions can be
taken up on any day allotted for Government business. Barring these special
features, Government resolutions are generally subject to the same rules
as the private members’ resolutions. After a notice for resolution, is given
by a Minister, and admitted by the Chairman, it is published in the
Parliamentary Bulletin under the heading Government resolution. The time
for discussion of a Government resolution is recommended by the Business
Advisory Committee and the date therefore is fixed in consultation with
the Leader of the House.83 The resolution may be moved by the Minister
in whose name it stands or in his absence by any other Minister on his
behalf. A Government resolution may be discussed along with the
consideration of a Government Bill84 or any other item [For instance,
resolution on Railway Convention Committee’s report is discussed along
with Railway Budget or Appropriation (Railways) Bill].85

A Government resolution takes precedence over a motion moved by

a member as far as voting is concerned, even if both have been discussed
together. On 26 April 1989 while discussing a statutory resolution regarding
approval of President’s Rule in Karnataka and also the motion recommending
recall of Governor of Karnataka together, the Deputy Chairman put the
resolution to vote first. On objection, the Deputy Chairman ruled:

The resolution and the motion were discussed together but the
resolution was moved by the Government. So it has to be voted first
and the motion was for a different thing and not the same thing.86
Resolutions 771

Government resolutions are generally for the following purposes:

(i) Resolutions for approving international treaties, conventions or
agreements
Under the Constitution, the Government of India has power to enter
into treaties and agreements with foreign countries and implement any
treaty, etc.87 It is not constitutionally incumbent on the Government of
India to obtain approval of Parliament before a treaty or an international
agreement is ratified by Government. This is left to be regulated by
Parliament by law.88 Legislation would be required to give effect to a
treaty in the following cases:
(a) where it provides for money to a foreign power89 which must
be withdrawn from the Consolidated Fund of India;
(b) where the treaty affects the justiciable rights of a citizen of
India;90
(c) where it requires the taking of property, life or liberty of a
citizen or the imposition of a tax, which can be done only by
legislation.91
Outside these exceptional cases, it is competent for the Executive
to enter into treaties. An amendment of the Constitution itself would be
necessary to cede Indian territory to a foreign State, by reason of
article 1 of the Constitution.92
Occasionally, however, Ministers table resolutions for the purpose of
getting parliamentary approval of international aggreements and conventions
or their ratification by the Government of India. There have been instances
of conventions or treaties having been approved by Parliament by
Government resolutions. For instance, Berne Convention for the protection
of literary and artistic Works;93 Hague Convention on protection of cultural
property in the event of armed conflict; 94 and Universal Copyright
Convention95 were approved by Parliament by passing resolutions, whereas
the Tashkent Declaration was discussed on a Government motion which
was adopted with an amendment approving the stand of the Government
in the matter.96 The Treaty of Peace, Friendship and Co-operation between
India and USSR was discussed on a motion on a statement made by the
Government in the matter earlier.97
(ii) Resolutions declaring or approving certain policies of the Government
A Government resolution may seek to record approval of the House
to an act or policy of the Government. On many occasions such resolutions
are brought forward, discussed and adopted in the Rajya Sabha.
A resolution was moved by the Prime Minister, Shri Jawaharlal Nehru,
for the approval of the House to the principles, objectives and
772 Rajya Sabha at Work

programmes of development contained in the First and Second Five

Year Plans;98 resolutions have also been moved for the approval of
Language Policy,99 National Health Policy,100 National Policy on Education
and programme of action thereon,101 National Housing Policy,102
Agriculture Policy,103 and creation of a Central Road Fund,104 etc.

Similarly, resolutions expressing reaction of the Government towards

incidents of national, international and humanitarian significance have
also been brought forward before the House and adopted.

After Chinese aggression, a resolution was moved on 8 November 1962

and adopted on 13 November 1962, expressing determination of the
people to drive out the aggressor from the sacred soil of India.105 A
resolution was moved by the Minister of State in the Ministry of External
Affairs condemning and denouncing South Africa’s apartheid policies,
which was adopted.106 Similarly, the Leader of the House and Minister
of External Affairs moved a Government resolution on 2 March 2001,
condemning the intent of the Taliban in Afghanistan to destroy two
thousand year old statues of Buddha and the Buddhist shrines in Bamiyan
which was unanimously adopted by the House.107 A Government
resolution expressing concern and anguish over the storming of the
estate and precincts of the State legislature of Orissa by a mob of
persons allegedly belonging to the VHP and the Bajrang Dal, and
condemning the incident was moved on 18 March 2002, which was
adopted. 108 During 228 th Session, on 15 March 2013, the House
unanimously adopted the resolution regarding rejection of resolution
passed by Pakistan’s National Assembly on 14 March 2013 and rejected
any interference in the internal affairs of India. The House also
reiterated that the State of Jammu and Kashmir including the territory
under illegal occupation of Pakistan is and shall always be an integral
part of India.109

(iii) Resolutions approving recommendations of Committees

Sometimes resolutions are brought forward by the Government for

approval of the House to the recommendations contained in the reports of
certain committees. For example, the recommendations of the Railway
Convention Committee are invariably approved by a resolution brought
forward by the Minister of Railways.

C. Statutory resolutions

Resolutions tabled in pursuance of a provision in the Constitution or

an Act of Parliament are termed statutory resolutions. Either a Minister or
a private member may give notice for such resolutions. The terms of the
statutes themselves lay down whether a particular action thereunder should
Resolutions 773

be taken by means of a motion or resolution. If it is required to be taken

by a motion, then it is a statutory motion; if the statute provides for
moving of a resolution for a particular matter, it is termed a statutory
resolution. Certain enactments expressly require the Government to bring
forward a resolution within a specified period of time.

Under the Customs Tariff Act, 1975, the Central Government has to
seek approval of Parliament for a notification regarding increase in
protective duty, by a resolution moved within a period of fifteen days
beginning with the day on which the notification is laid on the Table
of Parliament.110

Under the Official Languages Act, 1963, a resolution for the constitution
of a Committee was brought before Parliament, after ten years from
the date on which Section 3 of the Act came into force111 (Section 3
of the Act came into force on 26 January 1965, and the resolution was
moved and adopted in the House on 24 July 1975).112

The mover of a resolution should be present in the House when it is

being discussed. On 10 December 1974, the mover of a statutory resolution
seeking disapproval of the Maintenance of Internal Security (Amendment)
Ordinance was not present when the resolution seeking approval of the
House on the Ordinance was being discussed. The Vice-Chairman observed:

I cannot restrain myself from observing that the mover of the resolution
is not present here nor anyone who appended their names to the
resolution is present here. As the Opposition wants the Ministers to be
present, when somebody moves a resolution, he should also be present
to hear the debate.113

There is no particular period for moving a statutory resolution unless

the Constitution or the Act of Parliament under which it is tabled so
prescribes. For instance, articles 61, 67, 90 and 94 of the Constitution
provide for at least 14 days’ notice of the intention to move resolutions
for removal of the President, Vice-President, Deputy Chairman, Rajya Sabha
and Speaker and Deputy Speaker, Lok Sabha, respectively. After a statutory
resolution is admitted, it is published in the Parliamentary Bulletin
Part–II under the heading ‘Statutory Resolution’, for information of the
members. It is not subject to draw of lot, even if a notice is given by a
private member. Time for its discussion is provided by the Government
from the time allocated for Government business. This is done on the
recommendation of the Business Advisory Committee. Statutory resolutions
which are moved under the Constitution or Acts of Parliament are mentioned
below:
774 Rajya Sabha at Work

Resolutions under the Constitution

The Constitution provides for resolutions to be moved in either House

of Parliament for the impeachment of the President114 and in the Council
of States for the removal of the Vice-President115 and removal of the
Deputy Chairman of Rajya Sabha.116 No occasions have so far arisen for
moving such resolutions. Besides these, resolutions can also be moved for
disapproval of Ordinances promulgated by the President,117 legislation by
Parliament with respect to any matter enumerated in the State List,118
creation of All-India Services,119 approval of Proclamation of Emergency,120
Proclamation in case of failure of constitutional machinery in a State,121
and Proclamation in case of Financial Emergency.122

(a) Resolution for disapproval of an Ordinance (article 123)

As per the practice, a member is entitled to give notice of such a

resolution as soon as an Ordinance is promulgated, irrespective of the fact
whether the summons for a session has been issued or not. However, the
admitted resolution is published in the Parliamentary Bulletin Part-II a few
days in advance of the commencement of a session. All the notices are
admitted and arranged in point of time of their receipt in the names of
the members from whom they are received.

Generally, a notice given by a member for a statutory resolution for

disapproving an Ordinance and the Government Bill replacing such an
Ordinance are discussed together.

On an occasion, after a lengthy procedural discussion, the House agreed

to take up a disapproval resolution regarding Maintenance of Internal
Security Ordinance, 1971, and the related Bill, separately.123

Names of all members from whom notices are received are included
in the list of business. The resolution is moved first and then the Minister
concerned moves for the consideration of the related Bill and thereafter,
a combined discussion takes place on both. At the end of the discussion,
generally the mover of the resolution replies first and then the concerned
Minister. The resolution is then put to vote first, because if the resolution
is adopted, it means disapproval of the Ordinance and the Bill automatically
falls through. If the resolution is negatived, the motion for consideration
of the Bill is then put to vote and further stages of the Bill are proceeded
with.

On an occasion, resolution for the disapproval of the Code of Criminal

Procedure (Amendment) Ordinance, 1991, was adopted by a casting
vote of the Vice-Chairman and no further proceedings were taken on
the related Bill which was also discussed along with the resolution.124
Resolutions 775

However, on an earlier occasion, Rajya Sabha discussed together a

resolution disapproving the Banking Service Commission (Repeal)
Ordinance, 1977, moved by a member and the motion for consideration
of the related Bill as passed by Lok Sabha moved by the concerned
Minister. The resolution was adopted. This would have the effect of
rejection of the motion. But the motion was also put separately and
rejected.125 Later, a joint sitting of both Houses was held to pass the
Bill.

Similarly, Rajya Sabha discussed together a resolution disapproving the

Prevention of Terrorism (Second) Ordinance, 2001, moved by a member
and the motion for consideration of the related Bill as passed by Lok
Sabha moved by the concerned Minister. The resolution was adopted.
This would have the effect of rejection of the motion. But the motion
was also put separately and rejected.126 Therefore, a joint sitting of
both Houses was held on 26 March 2002, and the Bill was passed.

(b) Resolution for legislation by Parliament on a State subject

(article 249)

Chapter 1 has already traced the background of article 249 which

confers on the Rajya Sabha a special power in the matter of passing a
resolution for legislation by Parliament with respect to a matter enumerated
in the State List. That article provides that if the Rajya Sabha declares by
resolution supported by not less than two-thirds of the members of the
House present and voting that, it is necessary or expedient in the national
interest, that Parliament should make laws with respect to any matter
enumerated in the State List specified in the resolution, it is lawful for
Parliament to make laws for the whole or any part of the territory of India
with respect to that matter while the resolution remains in force.127 Such
a resolution remains in force for a period not exceeding one year as may
be specified therein. However, the Rajya Sabha may pass successive
resolutions for the continuance in force of the original resolution, but
each such resolution has a limited duration of one year only.128 A law made
by Parliament by virtue of the powers conferred on it by the resolution
ceases to have effect on the expiration of six months after the resolution
ceases to be in force, except in respect of things done or omitted to be
done before the expiration of the said period.129

Article 249 was first invoked in 1950 for the effective control of
‘black-marketing’ by the Provisional Parliament which passed a resolution
on 12 August 1950. The Rajya Sabha passed the following resolution with
requisite majority on 22 July 1952:

Whereas the Provisional Parliament declared by resolution passed on

the 12 August 1950, in pursuance of clause (1) of article 249 of the
776 Rajya Sabha at Work

Constitution as then in force (which resolution is hereinafter referred

to as the said resolution) that it was necessary in the national interest
that the Provisional Parliament should for a period of one year from
the 15 August 1950, make laws with respect to the following matters
enumerated in the State List, namely:

(i) Trade and commerce within the State subject to the provisions of
Entry 33 of List-III; and

(ii) Production, supply and distribution of goods subject to the

provisions of Entry 33 of List-III;

And whereas by another resolution passed by the Provisional Parliament

on the 7 June 1951, the said resolution was continued in force for a
further period of one year from the 15 August 1951;

And whereas it is necessary in the national interest that Parliament

should for a further period of one year from the 15 August 1952,
continue to have power to make laws with respect to the matters
aforesaid;

This Council do resolve, in pursuance of the proviso to clause (2) of

the said article, that it approves the continuance in force of the said
resolution for a further period of one year from the date on which it
would, but for this resolution, cease to be in force.130

The Provisional Parliament enacted the Essential Supplies (Temporary

Powers) Amendment Act, 1950, and the Supply and Prices of Goods Act,
1950 in pursuance of the resolution.

Again in 1951, the Provisional Parliament passed the following

resolution:

Whereas for the better management and disposal of certain evacuee

property, it is necessary to make laws providing for the separation of
the interests of evacuees from those of non-evacuees, and such laws
may, inter alia, relate in certain matters enumerated in the State List;

This House do resolve in pursuance of article 249 of the Constitution,

as adopted by the President under article 392 thereof present in force,
that it is necessary in the national interest and as at that Parliament
should, for a period of one year from the 15 June 1951, make laws
with respect to the following matters enumerated in Entries 18 and 30
of the State List namely:

Rights in or over land; transfer and alienation of agricultural land;

money-lending and money-lenders and relief of agricultural
indebtedness.131
Resolutions 777

Pursuant to the resolution, the Provisional Parliament enacted the

Evacuee Interest (Separation) Act, 1951, to resolve the problem relating to
rehabilitation and settlement of displaced persons from Pakistan.
After nearly 35 years during which this article remained dormant, it
was invoked again in August 1986. On 13 August 1986, Rajya Sabha passed,
with the requisite majority, the following resolution:
Whereas the situation in Punjab and other areas in the north-west
borders of India has become extremely grave due to infiltration from
across the north-western borders and unabated terrorist activities in
the border areas;
This House, therefore, do resolve, in pursuance of article 249 of the
Constitution, that it is necessary in the national interest that Parliament
should, for a period of one year from 12 August 1986, make laws with
respect to the following matters, namely :
Public order (but not including the use of any naval, military or
air force or any other armed force of the Union or of any other
force subject to the control of the Union or of any contingent or
unit thereof in aid of the civil power) [Entry 1 of List-II—State
List];
Police (including railway and village police) subject to the provisions
of Entry 2A of List-1 [Entry 2 of List-II—State List];
Prisons, reformatories, Borstal institutions and other institutions of
a like nature, and persons detained therein; arrangements with
other States for the use of prisons and other institutions (Entry 4
of List-II—State List);
Offences against laws with respect to any of the matters in this
List (Entry 64 of List-II—State List);
Jurisdiction and powers of all courts, except the Supreme Court,
with respect to any of the matters in this List (Entry 65 of
List-II—State List);
Fees in respect of any of the matters in this List, but not including
fees taken in any court (Entry 66 of List II—State List).132
No legislation, however, was passed by Parliament, in pursuance of
the above resolution.
Views of Sarkaria Commission on article 249
In the context of Centre-State relations, the Sarkaria Commission
had an occasion to consider a suggestion for deletion of this article. The
Commission, however, observed:
There are three in-built safeguards against the misuse of the power
conferred by this article. The first is that Parliament can assume
778 Rajya Sabha at Work

jurisdiction only when two-thirds of the members of the Rajya Sabha

present and voting pass a resolution to that effect. Secondly, the
resolution is required to specify the matter enumerated in the State
List, with respect to which Parliament is being authorised to legislate
in the national interest. Some Entries in List-II comprise a cluster of
several matters. It is, therefore, open to the Rajya Sabha to limit the
resolution specifically with respect to any one of those matters (which
may even be a particular aspect of a matter) in an Entry. Thirdly, a
resolution passed under clause (1) of the article remains in force for
a period not exceeding one year as may be specified therein unless
extended for a further period not exceeding one year by a fresh
resolution. A law passed in pursuance of clause (1) ceases to have
effect on the expiry of six months after the resolution has ceased to
be in force. It is true that these safeguards are not fool-proof. But the
basic fact that, in any case, the power is to be exercised by Parliament
which consists of the representatives of the people from all the States,
is itself a guarantee against its misuse. There is no allegation that,
when this power was exercised in 1950-51 to pass the aforesaid
temporary statutes, it worked to the disadvantage of the States or the
interests of their people. In the recent case, power was conferred on
Parliament to legislate with respect to certain matters in the State
List to meet a situation on the north-western border, which, according
to Rajya Sabha resolution under article 249, was “extremely grave.”

The article provides a simple and speedy method for effective handling,
at the national level, of urgent problems of an extraordinary nature
which temporarily assume national significance. The article may also
be availed of in a situation in which speed is the essence of the
matter, and invocation of the emergency Provisions in articles 352 and
356 is not considered necessary or expedient. Compared with article
249, the procedure provided in article 252 is very cumbersome and
time-consuming. It cannot, therefore, be reasonably said that article
252 provides an equally efficacious or a better alternative to article
249. On the basis of evidence before us, therefore, it is not possible
to say that this extraordinary power has been misused. It has been
exercised with due restraint in extraordinary situations for temporary
periods which have not been indefinitely extended by successive
resolutions.133

(c) Resolution for creation of an All-India Service (article 312)

If Rajya Sabha declares by a resolution supported by not less than

two-thirds of the members present and voting that it is necessary or
expedient in the national interest to do so, Parliament may by law provide
for the creation of one or more all-India services common to the Union and
States.134 Under this article Rajya Sabha adopted a resolution on 6 December
1961, for the creation of Indian Service of Engineers, Indian Forest Service
Resolutions 779

and Indian Medical and Health Service.135 Pursuant to this resolution,

Parliament amended the All-India Services Act, 1951, to incorporate these
services in the statute. Again on 30 March 1965, Rajya Sabha passed a
resolution for the creation of the Indian Agricultural Service and the Indian
Educational Service.136

Incidentally, it may be mentioned that a private member had also

given notice of a statutory resolution under article 312 for the creation
of the above mentioned Services (save the Indian Agricultural Service)
as also the Indian Judicial Service. The resolution was admitted during
two sessions but could not come up for discussion.137

(d) Resolution for approval of Proclamation of Emergency (article 352)

If the President is satisfied that a grave emergency exists whereby

the security of India or any part of the territory thereof is threatened
whether by war or external aggression or armed rebellion he may by
Proclamation make a declaration to that effect in respect of the whole of
India, or of such part of the territory thereof as may be specified in the
Proclamation.138 Every Proclamation has to be laid before each House of
Parliament and, except in the case of a Proclamation revoking a previous
Proclamation, ceases to operate at the expiration of one month unless
before the expiration of that period, it has been approved by resolutions
of both Houses of Parliament.139

If Lok Sabha is dissolved during the time of issue of the Proclamation

or within one month thereof and Rajya Sabha approves the Proclamation
by a resolution in the meantime, the Proclamation survives until thrity
days from the date of the first sitting of Lok Sabha after its reconstitution.140
The Lok Sabha can approve the Proclamation within thirty days by a
resolution. A Proclamation so approved shall, unless revoked ceases to
operate at the expiration of a period of six months from the passing of the
second of the resolutions approving the Proclamation.141 If and so often as
a resolution approving the continuance in force of such a Proclamation is
passed by both the Houses, the Proclamation, unless revoked, continues in
force for a further period of six months.142 If the dissolution of Lok Sabha
takes place during any such period of six months, the Rajya Sabha can pass
a resolution and thus the Proclamation can be continued until the
Lok Sabha passes a resolution approving the Proclamation within thirty
days from the first sitting after its reconstitution.143 Thus, Rajya Sabha has
been given special power in respect of approval of a Proclamation during
the dissolution of Lok Sabha.

A resolution approving the Proclamation or its further continuance is

required to be passed by either House of Parliament by a majority of the
780 Rajya Sabha at Work

total membership of that House and by a majority of not less than

two-thirds of the members of the House present and voting.144

Article 352 has been substantially amended by the Constitution

(Forty-fourth) Amendment Act, 1978. Among other things, the
amendment provides that the Proclamation has to be approved within
a period of one month (instead of two months originally provided in
the Constitution) by resolutions of both Houses of Parliament and that
such resolutions have to be passed by a special majority as mentioned
above (instead of a simple majority as stipulated before). It has also
been provided that for the continuance in force of the Proclamation
of Emergency, approval by resolutions of both the Houses is required
every six months. Another significant provision made is that power has
been given to the Lok Sabha to disapprove a Proclamation of Emergency;
and one-tenth members of that House may also by a notice requisition
a special sitting of the Lok Sabha for considering the continuance of
a Proclamation of Emergency.

There have been three occasions when Proclamations of Emergency

were issued under article 352. The Proclamation issued on 26 October
1962 was laid on the Table of both Houses of Parliament on 8 November
1962. It was approved by resolutions of the Rajya Sabha and the Lok Sabha
on 13 and 14 November 1962, respectively. The Proclamation issued on
3 December 1971, was laid on the Table of both Houses of Parliament on
4 December 1971. It was approved by resolutions passed by the
Rajya Sabha and the Lok Sabha on the same day. The Proclamation issued
on 25 June 1975, was laid on the Table of both Houses of Parliament on
21 July 1975. It was approved by the Rajya Sabha on 22 July 1975 and by
the Lok Sabha on 23 July 1975.

(e) Resolution for approval of Proclamation on failure of constitutional

machinery in a State (article 356)

Laying of the Proclamation

If the President, on receipt of a report from the Governor of a State

or otherwise, is satisfied that a situation has arisen in which the Government
of the State cannot be carried on in accordance with the provisions of the
Constitution, the President may issue a Proclamation assuming to himself
all or any of the functions of the Government of the State and to make
other incidental and consequential provisions for the purpose.145 Any such
Proclamation may be revoked or varied by a subsequent Proclamation.146
Every Proclamation has to be laid before each House of Parliament.147

When the Proclamation under article 356 in relation to Orissa was

being placed on the Table, some members raised an objection that the
Resolutions 781

Proclamation could not be laid on the Table since it had lapsed.

Thereupon the Chairman ruled:

...the Constitution requires every Proclamation to be laid on the

Table of the House. What is its validity, when will it expire, these
are matters which cannot be discussed at this stage. So far as
laying it on the Table is concerned, that is the requirement of the
Constitution and no one can challenge it.148

While laying a Proclamation on the Table, there is no requirement to

lay a copy of the Governor’s report, where the President has acted on such
report.

When the Minister of Home Affairs laid on the Table a copy of the
Proclamation in respect of Kerala, a demand was made, on a point of
order, that the Governor’s report should be laid on the Table along
with the Proclamation. The Chairman observed that—

(a) as per the Home Minister’s statement, there was no constitutional

obligation to lay on the Table the documents on which the
Proclamation was based;

(b) the Minister would give adequate information relevant to the

topic; and

(c) Parliament was supreme but bound by the rules it itself had
made; there were several rules which stated that the documents
of a secret nature whose publication was not consistent with
public interest need not be placed.

The Chairman, therefore, stated that he could not compel the Minister
to place a document on the Table of the House when he felt that its
publication was not consistent with public interest.149

Again, on a later occasion, on a point of order, that the Governor’s

report should be laid on the Table along with the Proclamation, the
Chair ruled that if the Government wished to place it on the Table,
he had no objection. But he would not direct the Government to place
it on the Table of the House because, in his view, the law did not
require it to be put on the Table.150

During the resolution regarding extension of President’s rule in Punjab,

a demand was made for laying of Governor’s report on the Table.
However, the matter was not pursued in the absence of any
precedent.151

As per the practice, the Governor’s report is ordinarily laid on the

Table, along with the initial Proclamation; although, on a few occasions,
a summary of the report has only been laid instead of the full report.152
782 Rajya Sabha at Work

Approval of Proclamation

A Proclamation, unless revoked earlier by the President, ceases to

operate at the expiration of two months unless before the expiration of
that period it has been approved by resolutions of both the Houses of
Parliament.153

If any such Proclamation (not being a Proclamation revoking a previous

Proclamation) is issued when the Lok Sabha is dissolved or the dissolution
of the Lok Sabha takes place during the period of two months, and if the
Rajya Sabha approves the Proclamation by a resolution but the Lok Sabha
has not done so before the expiration of that period, the Proclamation
ceases to operate at the expiration of thirty days from the date on which
the Lok Sabha first sits after its reconstitution, unless before the expiration
of that period, Lok Sabha also passes a resolution approving the
Proclamation.154

Under this provision, the Rajya Sabha held special sessions on two
occasions — first, to approve the continuance in force of the
Proclamation in respect of Tamil Nadu and Nagaland and second, to
approve the Proclamation in respect of Haryana. On both the occasions,
the Lok Sabha was under dissolution.155

The form of the resolution is: That this House approves the
Proclamation issued by the President on...(date), under article 356 of the
Constitution, in relation to the State of...(name).156

The form of the resolution continuing the Proclamation is: That this
House approves the continuance in force of the Proclamation issued by the
President on...(date), under article 356 of the Constitution, in relation to
the State of...(name) for a further period of six months with effect from
the...(date).157

Amendments to resolution

There is no provision to give conditional approval to the Proclamation.

On an occasion, when a member wanted to move an amendment to

a resolution in respect of the Proclamation in relation to West Bengal
that “While so approving, the House directs the Government to hold
mid-term election not later than June,’’ it was ruled out of order by
the Chair as beyond the scope, with the observation, “You can either
approve this resolution or reject it, but you cannot expand it.”158

However, amendments have been admitted and moved to the

resolution approving the Proclamation in the Rajya Sabha so as to attach
Resolutions 783

some condition to the resolution or express an opinion, or limit its duration.

Some of the instances of amendments which have been moved are:

To the resolution approving the Proclamation (i) in respect of PEPSU,

amendments were moved that, at the end of the resolution, the
following be added, namely, “but regrets the delegation of these
functions to the Rajpramukh of PEPSU;” “but enjoins the Government
to hold general elections in the State within three months from now;159
(ii) in respect of Andhra, amendments were moved for substitution of
the word “approves”, with the words “considers unwarranted;” a
substitute resolution was also moved that “this House having considered
the President’s Proclamation is of the opinion that sufficient efforts
should have been made by the Governor of Andhra to call upon the
Leader of the Opposition in Andhra Assembly to form a Government
before the President assumed to himself all the functions of the
Governor of Andhra160 (the amendments were negatived); (iii) in respect
of Punjab a member moved an amendment to limit the continuance
of a Proclamation “upto the 31 December 1989” (instead of six
months);161 on another occasion, a member sought to add a paragraph
at the end of the resolution: “That this House further resolves that the
general elections to the Punjab Assembly be held not later than the
1 January 1991;162 (iv) in respect of Jammu and Kashmir, a member
moved an amendment: “That the House further resolves that no steps
be taken to revive the State Legislative Assembly or to hold fresh
elections till current terrorist activities are fully curbed;163 another
member moved an amendment to the effect that the elections to the
Assembly be held before November 1, 1990;164 another amendment
sought to restrict the period of Proclamation to three months165 (instead
of six months); yet another amendment wanted a paragraph to be
added to the resolution that “the election to the Jammu and Kashmir
Legislative Assembly as well as to the six seats in the Lok Sabha from
that State shall be held within four months.”166

Disapproval of resolution

A resolution seeking disapproval of the Proclamation is also

inadmissible as there is no provision under article 356 for such a resolution.
The House, if it desires, can vote down the resolution for the approval of
the Proclamation. As observed by the Chairman in a ruling:

As is well-known, the Constitution itself makes a difference between

Ordinance and Proclamation. Under article 123, Ordinances may be
subjected to disapproval resolutions but no corresponding provision is
made under article 356. A motion disapproving could not, therefore,
be admitted.167

On an occasion, when a set of papers regarding the Proclamation

issued under article 356 of the Constitution in relation to the State of
784 Rajya Sabha at Work

Jammu and Kashmir, was laid on the Table of the House, a member
pleaded that just as a statutory resolution seeking approval of such a
Proclamation in relation to a State was brought by the Government,
members should also have a right to move a resolution for disapproval
of the Proclamation. The member, therefore, requested the Chairman
to “examine this possibility that hereafter a member of the House also
should have an opportunity, and an opportunity by right, to raise the
matter so that it should not be left to the executive entirely at their
free will”. The Chairman ruled that if the Government did not want
to get the Proclamation approved, they need not move the resolution
and if they did not move the resolution the Proclamation lapsed.
Therefore, there was nothing for discussion. It was only when the
Proclamation was continued that there was something for discussion in
the House.168

Motion for revocation of Proclamation

In view of the constitutional provision, therefore, a notice of a

resolution for disapproval of a Proclamation, is not admitted. However, a
member may give notice of a motion recommending to the President to
revoke the Proclamation. Such motions have been admitted on the ground
that the Constitution itself contemplates the revocation of a Proclamation
by the President.169

On an occasion, a motion was also admitted regarding revocation of

a Proclamation in respect of West Bengal before the Proclamation was
laid on the Table.170

Earlier there used to be a practice to include in the list of business

motions for revocation of Proclamations for discussion along with the related
Government resolutions for their approval. Sometimes, even cognate matters
were also listed for a combined discussion. The following are some such
important instances:

A motion for revocation of the Proclamation in respect of Bihar was

admitted171 and included in the list of business along with Government
resolution seeking approval of the Proclamation172 (The member who
had given notice of the motion was, however, not present); a motion
for revocation of the Proclamation in respect of Rajasthan was discussed
along with the Government resolution on the subject;173 a motion
regarding revocation of the Proclamation in respect of West Bengal
was discussed along with Government resolution approving the
Proclamation;174 a motion disapproving the action of the Governor of
Karnataka and recommending his recall was discussed along with the
statutory resolution approving the Proclamation in respect of Karnataka
(The resolution was adopted and the motion was negatived);175 a
motion for revocation of the Proclamation in respect of Tamil Nadu
Resolutions 785

was listed along with the Government resolution approving the

Proclamation thereon176 (the motion was not moved as the opposition
had walked out); and an omnibus motion recommending to the President
to revoke the Proclamations in relation to nine States was discussed
along with nine resolutions for approval of the Proclamations (the
motion was negatived and the resolutions were adopted).177

Following the above mentioned practice, when the motions

recommending revocation of the Proclamations in respect of Uttar Pradesh,
Madhya Pradesh, Rajasthan and Himachal Pradesh were listed for discussion
along with the resolutions for their approval on 21 December 1992, objection
was taken by some members to this practice. After the adoption of the
resolutions, the Chair did not put the motions to the House declaring that
they became infructuous.178

In this context, incidentally, some unusual precedents may also be

mentioned:

On an occasion, along with the Government resolution approving the

Proclamation in respect of Haryana, a member gave the notice for the
following motion which was also discussed:

“That this House condemns the unconstitutional action by the

Governor of West Bengal in dismissing the United Front Government
in that State and illegally installing a Government headed by
Dr. P.C. Ghosh, and thus brutally trampling under feet the system
of parliamentary democracy.”

The resolution was adopted and the motion was negative.179

Once a member raised an interesting question of privilege. He referred

to an item in the list of business of the Lok Sabha regarding the
introduction of the Andhra State Legislature (Delegation of Powers)
Bill, 1954, in that House. The member contended that the notice had
been issued even before the President’s Proclamation had been discussed
and approved by the Rajya Sabha. He submitted that as anticipating
the decision of the Rajya Sabha on the President’s Proclamation
amounted to a violation of the Constitution and a breach of the privilege
of the House, the matter should be referred to the Committee of
Privileges. The Chairman gave the following ruling:

Every Proclamation issued under clause (1) of article 356 has to be

approved by both Houses of Parliament, but the Bill in question is
sought to be introduced in the Lok Sabha in pursuance of the
provision contained in article 357(1). This article says: “Whereby
a Proclamation issued under clause (1) of article 356...”—it does
not say, “Whereby a Proclamation issued by the President and
786 Rajya Sabha at Work

approved by the two Houses.” It merely says: “Whereby a

Proclamation issued under clause (1) of article 356, it has been
declared that the powers of the Legislature of the State shall be
exercisable by or under the authority of Parliament, it shall be
competent for Parliament to confer on the President the power of
the Legislature of the State to make laws etc.” It will be seen
from this article that the approval of the Proclamation by Parliament
is not a necessary prerequisite to the conferring of the legislative
power on the President. This is further apparent from the fact
that a Proclamation may remain in force under article 356(3) of
the Constitution for two months even without the approval by
Parliament. The Proclamation was issued on November 15, and so
till January 15, it can be held in force even without the approval
of Parliament, and the right to confer power to legislate may be
exercised even though the approval of the Legislature to the
Proclamation has not been obtained during this period. Thus there
is no violation of the Constitution when this Bill is proposed to be
introduced in Parliament even before the approval of the
Proclamation by both Houses. All the same, it may be argued that
though it is legal, it may not be expedient, and a convention could
be set up. It may be said that it will be constitutionally more
appropriate to wait until the Proclamation has been approved and
then introduce the Bill contemplated. I do not think that even of
this constitutional propriety there has been a violation.

I sent for the notice of the Lok Sabha. It does not specify the hour
when it is to be introduced. It is out of consideration for the
resolution approving the Proclamation to be passed by this House
that the hour has not been specified. So, what the Home Minister
proposes to do is to move for leave to introduce the Bill today in
the fond hope and expectation that he had that our House would
get the resolution through as soon as possible and not have a very
long and elaborate discussion. But we always take a long time. All
the same, he has not specified the hour when it is to be introduced
there.

Therefore, I feel that the motion for the introduction of the Bill
included in the list of business of the Lok Sabha does not involve
any disrespect to the Rajya Sabha, and there is no violation of the
Constitution and no violation of any propriety in the matter. He
merely waits for the passing of the resolution approving the
Proclamation in this House before introducing the Bill in the other
House and so no question of privilege is involved.180

On an occasion, a point of order was raised whether the

Supplementary Demands for Grants for a State could be laid on
the Table before the Proclamation in respect thereof was approved
by Parliament. The Vice-Chairman held that as soon as a
Resolutions 787

Proclamation was issued, power was assumed for all the functions
of the State Government, unless within the period of two months
that Proclamation was not approved by Parliament. The
Supplementary Demands for Grants were thereafter laid on the
Table.181

Maximum duration of a Proclamation

A Proclamation approved by both Houses of Parliament unless revoked,

ceases to operate on the expiration of a period of six months from the
date of issue of the Proclamation. However, if and so often as a resolution
approving the continuance in force of such a Proclamation is passed by
both Houses of Parliament, the Proclamation, unless revoked, continues in
force for a further period of six months from the date on which it would
otherwise have ceased to operate but no such Proclamation can in any
case remain in force for more than three years.182 If the dissolution of the
Lok Sabha takes place during any such period of six months and a resolution
approving the continuance in force of such Proclamation is passed by the
Rajya Sabha during the said period, the Proclamation ceases to operate at
the expiration of thirty days from the date on which the Lok Sabha first
sits after its reconstitution unless before the expiration of the said period
of thirty days, a resolution approving the continuance in force of the
Proclamation has also been passed by the Lok Sabha.183

However, a resolution with respect to the continuance in force of a

Proclamation beyond the expiration of one year from the date of its issue
cannot be passed by either House of Parliament unless a Proclamation of
Emergency is in operation in the whole of India or, as the case may be,
in the whole or any part of the State, at the time of the passing of such
resolution, and the Election Commission certifies that the continuance in
force of the Proclamation approved during the period specified in such
resolution is necessary on account of difficulties in holding general election
to the Legislative Assembly of the State concerned.184

Delegation of Powers

Approval of a Proclamation by both Houses of Parliament is generally

followed by an Act of Parliament delegating certain powers to the President
including power to make laws for the State concerned. Such an Act also
provides that before making any law for the State, the President should,
whenever he considers it practicable to do so, consult a parliamentary
committee constituted for the purpose. Such a committee may include
members of both Houses of Parliament belonging to that State. Such laws,
called the President’s Acts, are required to be laid before both Houses of
788 Rajya Sabha at Work

Parliament and Parliament is empowered to modify the same within a

period of thirty days after they are so laid.

Several members had given notice of a motion seeking to disapprove

the West Bengal (Prevention of Violent Activities) Act, 1970, a copy of
which was laid on the Table of the House on 23 November 1970, under
section 3(3) of the West Bengal State Legislature (Delegation of Powers)
Act, 1970. The motion was admitted in the form of a resolution for
repeal of the Act.185 It was discussed and negatived on 17 December
1970.

The Lok Sabha adopted a resolution amending the Kerala University

(Amendment) Act, 1966, on 12 April 1966 and the Rajya Sabha concurred
with the resolution on 12 May 1966.186

A Proclamation declares that the powers of the Legislature of the

State would be exercisable by or under the authority of Parliament. On
account of this declaration, Parliament gets jurisdiction to pass
Appropriation Bills for the withdrawal of moneys from the Consolidated
Fund of the State concerned, and the papers which are required to be laid
before the State Legislature are instead laid before Parliament.

Appropriation of money out of Consolidated Fund by Ordinance

For the appropriation of money for a State Administration which has

been taken over by the President under a Proclamation issued by him, the
Budget for that State, according to the existing practice, is not certified
by Ordinance, the underlying principle being that no money can be spent
out of the Consolidated Fund without the sanction of Parliament. Hence,
if a contingency arises for passing an Appropriation Bill regarding such a
State and the Rajya Sabha is not in session, the House might be required
to be specially summoned for the purpose.

Rajya Sabha was summoned at short notice for its 33rd Session on
27 March 1961, for the purpose of Orissa Budget and related Bills
consequent upon the imposition of the President’s Rule in that State.
The matter regarding calling the session at short notice was raised in
the House on that day. The Minister of Law explained that one of the
reasons was that the Budget for the State had to be prepared and
printed and in the meantime the Rajya Sabha adjourned. There was
an early precedent when the President had passed by Ordinance the
Budget when the President’s Rule was imposed in Travancore-Cochin in
1956. The view then taken was that though the Rajya Sabha was not
in session, the Budget could be certified by Ordinance. The view later
taken by the Government was that not a single pie should be spent
from the Consolidated Fund without the sanction of Parliament. Hence
the Rajya Sabha was called at short notice.187
Resolutions 789

(f) Resolution for approval of Proclamation of Financial Emergency

(article 360)
If the President is satisfied that a situation has arisen whereby the
financial stability or credit of India or of any part thereof is threatened,
he may, by Proclamation make a declaration of financial emergency.188 A
Proclamation so issued shall be laid before each House of Parliament and
may be revoked or varied by a subsequent Proclamation. It shall cease to
operate at the expiration of two months, unless before the expiration of
that period it has been approved by resolutions of both Houses of Parliament.
The Proclamation approved by Parliament shall be in operation until it is
revoked by the President.189 A Proclamation issued subsequently by the
President revoking or varying the Proclamation of financial emergency in
operation is not, however, required under the Constitution to be laid
before each House of Parliament.
As in the case of Proclamations under articles 352 and 356, a
Proclamation under article 360 could also be approved by the Rajya Sabha
while the Lok Sabha is under dissolution and thus extend the life of the
Proclamation.190
Resolutions under Acts of Parliament
Certain statutes provide that the rules or notifications made
thereunder must be approved by resolutions of Parliament within a specified
period and these rules have effect, in such modified form or cease to have
effect, as Parliament may by virtue of the resolutions direct.
Under Customs Tariff Act, 1975, Central Government’s Notification
regarding levying of export duty on goods is required to be approved
by both Houses of Parliament.191 Accordingly, resolutions have been
passed by the Rajya Sabha approving the notifications.192

Under the Salaries and Allowances of Ministers Act, 1952, draft rules
made thereunder, after the amendment made in the Act in 1977 are
required to be approved by Parliament before they come into force.193

Under this provision resolutions have been brought before the House
for approval of draft of Ministers (Allowances, Medical Treatment and
other Privileges) Amendment Rules.194

Under the Central Excise Tariff Act, 1985, Government resolution is

required to be approved for increasing the basic excise duty leviable
on certain commodities.195

When a State is under President’s Rule, statutory resolutions are brought

forward for certain purposes. For instance, Government resolutions
were moved and adopted to accord approval for fixing maximum amount
of loan which the concerned State Electricity Boards might have196
under the Electricity (Supply) Act, 1948.197
790 Rajya Sabha at Work

Effect or force of resolutions

In respect of a resolution tabled in pursuance of a provision of the

Constitution or a statute of Parliament, the precise phraseology and the
words used therein are the deciding factor for the Government whether
to implement the resolution or not. As regards a resolution moved by a
private member, as may be seen from the private members’ resolutions
mentioned earlier, some have been implemented but many may not have
been so implemented. In this context as well as in the context of a motion
adopted by the Rajya Sabha on 10 August 1978, in regard to appointment
of a Committee to go into allegations of corruption against family members
of certain Ministers, a question had arisen as to the effect of such a
resolution. From this point of view, resolutions may be divided into three
categories, namely, resolutions which have the statutory effect; resolutions
which the House adopts in the matter of control over its own proceedings;
and resolutions which are mere expressions of opinion of the House.

The Statutory resolutions are moved under the Constitution or a

statute of Parliament and have a binding effect since adopting such
resolutions attract in law the consequences mentioned in the statutory
provisions. Besides there are resolutions which are adopted by the House
in relation to its proceedings and are something like law, which cannot be
disobeyed as such. For instance, a resolution committing a contemner for
breach of privilege. In this category also falls the resolution adopted by
the Rajya Sabha on 15 November 1976, expelling a member from the
House.

A large number of resolutions, however, fall into the category of

expressions of opinion. As to the purpose and effect of such resolutions,
it is stated that “they are generally used to test the feeling of the House
with regard to proposals which are still indefinite or ahead of public
opinion”.198 A constitutional authority has observed: “Private Members’
Motions...enable the opinion of the House to be taken. The ‘opinion’ need
not be representative,...they are thus of some value though the value is
not great”.199

Under the Constitution, the Rajya Sabha has no power of passing a

vote of censure or no-confidence in the Government. On 17 August 1978,
when, in the context of the motion adopted by the House on 10 August
1978, some members pressed for the implementation of the motion, the
Chairman observed that the motion was a recommendation addressd to
the Government and that the question of appointment of a Committee
would depend on which of the two alternatives mentioned in the motion
was acceptable to the Government.
Resolutions 791

In the circumstances a resolution adopted against the Government

may have such force or effect as the Government itself may prefer to
accept morally or politically in terms of its response to the opinion expressed
by the House in such a resolution.

NOTES AND REFERENCES

1. G.F.M. Campion, An introduction to the Procedure of House of Commons, 3rd Edn.,

London, Macmillan & Co. Ltd.,1958, p.172.
2. Erskine May, Treatise on the Law, Privileges, Proceedings and Usage of Parliament,
24th Edn., p. 424.
3. R. 156.
4. R. 24.
5. R. 2(1).
6. R. 154.
7. See, for instance, Bn. (II), 20.10.1965, 3.11.1965 and 17.11.1965 for admitted lists of
resolutions and Bn. (II), 21.10.1965, 4.11.1965 and 18.11.1965 for result of ballot of
resolutions during the 54th Session, see also Bn. (II), 19.2.1966 for result of ballot of
resolutions for the first allotted day i.e., 25.2.1966 during the 55th Session.
8. 2 Rpt., COR (adopted on 24.12.1981; and brought into effect from 15.1.1982).
9. R. 26.
10. R. 541.
11. Bn. (II), 18.4.1972.
12. R. 155.
13. LoB, 5.8.1994, 28.4.1995 and 25.8.1995.
14. Ibid., 30.3.1990, 25.5.1990, 6.3.1992 and 19.3.1993.
15. Ibid., 22.4.1994, 19.8.1994, 16.12.1994, 28.4.1995 and 26.5.1995.
16. Ibid., 16.12.1994.
17. Ibid., 24.8.1990.
18. R. 157(i).
19. R. 157(ii).
20. R. 157(iii).
21. R. 157(iv).
22. R. 157(v).
23. R.S. Deb., 13.3.1980, c. 124-29.
24. Bn. (I), 6.5.1983.
25. Ibid., 29.12.1989.
26. R. 165(i).
27. R. 165(ii).
28. R. 228.
29. R. 158.
30. R. 28(2).
31. R. 28(1).
32. C.S. Deb., 30.4.1954, c. 4776; and R.S. Deb., 10.12.1954, c. 1486.
33. R.S. Deb., 6.5.1994, c. 443; 5.8.1994, c. 407; 19.8.1994, c. 363; 24.3.1995, c. 543;
10.12.1999, c. 249; 20.4.2000, c. 197-245; and 5.5.2000, c. 235-53.
34. Ibid., 31.8.2001, p. 451; 26.08.2004, p. 239; 10.12.2004, p. 280; 16.12.2005,
pp. 283-85; 19.5.2006, p. 327; 18.8.2006, p. 347; 24.7.2009, p. 259; 11.12.2009,
p. 266; 7.5.2010, p. 242; 21.8.2010, p. 74; 4.3.2011, p. 363; 18.5.2012, p. 319;
21.2.2014, p. 347; 14.12.2012, p. 347; 19.12.2014, p. 370.
35. R. 29(4).
36. LoB for 24.2.1994, 25.8.1995, 7.5.1993 (3 Resolutions) and 8.5.1992 (4 Resolutions).
792 Rajya Sabha at Work

37. R. 27, Proviso.

38. R. 163(3).
39. R. 24.
40. BAC mts., 24.2.1982, 8.3.1982, 9.7.1982, 7.10.1982, 23.2.1983, 23.7.1985 and
21.2.1986.
41. R.S. Deb., 21.3.1969, c. 5345-49.
42. R. 161.
43. Bn. (II), 2.5.1997.
44. R. 159(1).
45. R. 159(2).
46. R. 159(3). For instances, see C.S. Deb., 11.9.1953, c. 1956; R.S. Deb., 4.3.1955,
c. 1214; 4.5.1956, c. 1259; 14.2.1958, c. 495; 19.2.1965, c. 312; and 16.2.1968,
c. 777.
47. C.S. Deb., 26.2.1954, c. 1139 and 1247.
48. R. 160(1).
49. R. 160(2).
50. R. 160(3).
51. C.S. Deb., 26.2.1953, c. 1299-1302.
52. R.S. Deb., 24.3.1995, c. 539.
53. R. 162.
54. R.S. Deb., 3.12.1965, c. 3652.
55. Ibid., 26.5.1972, c. 98.
56. F. No. RS 06/01/2006-L.
57. F. No. RS 06/03/2009-L.
58. R. 164.
59. R.S. Deb., 23.8.1954, c. 36-37.
60. Ibid., 27.8.1954, c. 668.
61. R. 166.
62. R. 163(1).
63. Bn. (I), 14.8.1969.
64. R. 163(2).
65. R. 229(2).
66. R.S. Deb., 22.11.1963, c. 885.
67. F. No. RS 06/02/2012-L.
68. LoB, 7.4.1972; Revised LoB 7.4.1972.
69. F. No. RS 6(1)/2002-L.
70. Bn. (I), 10.12.1954.
71. Ibid., 4.3.1955.
72. Ibid., 16.9.1955.
73. Ibid., 4.5.1956.
74. Ibid., 7.12.1956.
75. Ibid., 24.5.1957.
76. Ibid., 7.5.1965.
77. Ibid., 19.12.1969.
78. Ibid., 13.3.1970.
79. Ibid., 11.12.1981.
80. Ibid., 24.8.1990.
81. Ibid., 24.3.1995.
82. R.S. Deb., 24.3.1995, c. 525-27.
83. R. 33(1)(a).
84. Bn. (I), 19.12.1967.
85. Ibid., 18.3.1987; 29.3.1989.
86. R.S. Deb., 26.4.1989, c. 199-200.
87. Union List (List I) of Seventh Schedule, entries 13 and 14.
Resolutions 793

88. Art. 253.

89. Jagan Nath Sathu v. Union of India, AIR 1960 SC 625.
90. Nirmal v. Union of India, AIR 1959 Cal. 506; Maganbhai v. Union of India, AIR 1969
SC 783.
91. D.D. Basu, Shorter Constitution of India, 2006, 13th Edn., pp. 1174-75.
92. Re. Berubari Union, AIR 1960 SC 845.
93. Bn. (I), 7.8.1952.
94. Ibid., 6.9.1957.
95. Ibid., 13.9.1957.
96. Ibid., 22.2.1966.
97. Ibid., 14.8.1971.
98. Ibid., 18.12.1952, 7.9.1956.
99. Ibid., 22.12.1967.
100. Ibid., 4.8.1983.
101. Ibid., 13.5.1986 and 22.8.1986.
102. Ibid., 9.8.1994.
103. Ibid., 3.8.1995.
104. Ibid., 1.4.1976; 13.5.1988.
105. Ibid., 13.11.1962.
106. Ibid., 20.8.1985.
107. Ibid., 2.3.2001.
108. Ibid., 18.3.2001.
109. Ibid., 15.3.2013.
110. Customs Tariff Act, 1975, s. 7(3).
111. Official Languages Act, 1963, s. 4(1).
112. Bn. (I), 24.7.1975.
113. R.S. Deb.,10.12.1974, c. 248.
114. Art. 61.
115. Art. 67.
116. Art. 90.
117. Art. 123.
118. Art. 249.
119. Art. 312.
120. Art. 352.
121. Art. 356.
122. Art. 360.
123. Bn. (I), 23.6.1971 and 24.6.1971. For procedural discussion, see R.S. Deb., 23.6.1971,
c. 45-97.
124. Ibid., 5.8.1991.
125. Ibid., 8.12.1977.
126. Ibid., 21.3.2002.
127. Art. 249(1).
128. Art. 249(2).
129. Art. 249(3).
130. C.S. Deb., 18.7.1952, c. 1481-92; and 22.7.1952, c. 1628-86.
131. Prov. Parliament, Bn. (I), 5.6.1951.
132. Bn. (I), 13.8.1986.
133. Report of Sarkaria Commission on Centre-State Relations, para. 2.25.09-10.
134. Art. 312.
135. R.S. Deb., 6.12.1961, c. 1301-05.
136. Bn. (I), 30.3.1965.
137. Bn. (II), 8.9.1961 and 30.10.1961.
138. Art. 352(1).
139. Art. 352(4).
794 Rajya Sabha at Work

140. Art. 352(4), Proviso.

141. Art. 352(5).
142. Ibid., 1st Proviso.
143. Ibid., 2nd Proviso.
144. Art. 352(6).
145. Art. 356(1).
146. Art. 356(2).
147. Art. 356(3).
148. R.S. Deb., 23.3.1971, c. 20-27.
149. Ibid., 10.8.1959, c. 83-97.
150. Ibid., 12.11.1973, c. 127-30.
151. Ibid., 9.11.1987, c. 223-28.
152. Ibid., 18.8.1959, c. 972; 24.3.1965, c. 4429; and 20.3.1967, c. 126.
153. Art. 356(3).
154. Ibid., Proviso.
155. 99th Session (28.2.1977 and 1.3.1977); and 158th Session (3.6.1991 and 4.6.1991).
156. In the early years the resolution used to be worded rather elaborately: see C.S. Deb.,
25.3.1953, c. 2156; and R.S. Deb., 29.11.1954, c. 193.
157. For early form of resolution, see C.S. Deb., 15.9.1953, c. 2437; and R.S. Deb., 7.9.1956,
c. 3697.
158. R.S. Deb., 12.3.1968, c. 4306-07.
159. C.S. Deb., 25.3.1953, c. 2156.
160. R.S. Deb., 29.11.1954, c. 201.
161. Ibid., 12.10.1989, c. 102.
162. Ibid., 5.10.1990, c. 88.
163. Ibid., 23.8.1990, c. 315.
164. Ibid., c. 314.
165. Ibid., 26.8.1991, c. 180.
166. Ibid., 25.2.1992, c. 264.
167. Ibid., 13.3.1980, c. 124-29.
168. Ibid., 4.11.1986, c. 213-15.
169. For instances, see Bn. (II), 1.3.1968, 4.5.1968, 22.7.1969, 5.3.1973 and 6.3.1980.
170. Bn. (II), 12.7.1971.
171. Ibid., 22.7.1969.
172. LoB, 21.8.1969.
173. R.S. Deb., 3.4.1967, c. 1937-2020; and 4.4.1967, c. 2107-20.
174. Bn. (I), 21.7.1971.
175. Ibid., 25.4.1989 and 26.4.1989.
176. LoB, 26.2.1991.
177. Bn. (I), 27.3.1980.
178. R.S. Deb., 21.12.1992, c. 438.
179. Bn. (I), 22.11.1967 and 27.11.1967.
180. R.S. Deb., 30.11.1954, c. 348-52.
181. Ibid., 15.12.1981, c. 229-35.
182. Art. 356(4).
183. Ibid., Proviso.
184. Art. 356(5).
185. Bn. (II), 28.11.1970.
186. L.S. Deb., 12.4.1966, c. 10626-655; R.S. Deb., 12.5.1966, c. 1261-73.
187. R.S. Deb., 27.3.1961, c. 9.
188. Art. 360(1).
189. Art. 360(2).
190. Ibid., Proviso.
191. Customs Tariff Act, 1975, ss. 7 and 8.
Resolutions 795

192. Bn. (I), 28.11.1978.

193. Salaries and Allowances of Ministers Act, 1952, s. 11(2).
194. Bn. (I), 7.5.1986, 20.3.1987, 6.9.1990 and 17.8.1995.
195. Ibid., 3.9.1990.
196. Ibid., 11.3.1991 and 26.8.1993.
197. Electricity (Supply) Act, 1948, s. 65(3).
198. G.F.M. Campion, op. cit. p. 109.
199. Ivor Jennings, Parliament, 2nd Edn. 1957, pp. 363-64.