Motions in Parliament

Motions in Parliament are means to discuss and deliberate various matters of public concern and legislative process. Motions are, in fact, the basis of all Parliamentary proceedings. Any matter of importance/public interest can be the subject matter of a motion. Read here to know about different motions in Parliament.

A no-confidence was recently evoked in the Parliament monsoon session 2023.

In the Indian Parliament, members of both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States) participate in various types of motions to discuss and deliberate upon important matters, raise issues of public concern, and influence the legislative process.

Motions in parliament play a crucial role in shaping debates, policy decisions, and the functioning of the parliamentary system.

Motions in Parliament

The term ‘motion’ in its wide sense means any proposal made to elicit a decision of the House.

• To ascertain the will of the House regarding a matter before it, every question to be decided by the House must be proposed by a member in the form of a motion.
• Every matter is determined in the House using a question put by the Chair on a motion made by a member and resolved in the affirmative or negative, as the case may be.
• The question should repeat the terms of the motion and should be so framed as to be capable of expressing a decision of the House.

Discussion on a motion is initiated by the mover of the motion, and later, unless he withdraws it, the House either adopts in toto or with such amendments as it may like to make or it may reject it altogether.

• The mover of a motion frames it in a form in which he/she wishes it ultimately to be passed by the House and on which the vote of the House can conveniently be taken.
• The members who wish the motion to be passed in a different form may move amendments after the original motion has been proposed by the Speaker.
• These amendments too should be in the form in which the motion as amended can be passed by the House and must, therefore, be relevant to the subject matter of the main motion.

However, there are certain motions in parliament which per se are not put to vote in the House.

• Rule 342 of the Rules of Procedure and Conduct of Business in Lok Sabha which governs such types of motions inter-alia provides that “a motion that the policy or situation or statement or any other matter be taken into consideration shall not be put to the vote of the House, but the House shall proceed to discuss such matter immediately after the mover has concluded his speech and no further question shall be put after the debate at the appointed hour unless a member moves a substantive motion in substitution of the original motion in appropriate terms to be approved by the Speaker and vote of the House shall be taken on such motion”.

Also read: Parliamentary Privileges

Types of motions in parliament

Motions can be classified under the following categories, namely:

• Substantive Motions
• Substitute Motions
• Subsidiary Motions

Substantive Motions

• A substantive motion is a self-contained, independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House, e.g., all resolutions are substantive motions.
• A substantive motion is a formal proposal made by a member for consideration by the House. It usually involves a substantive issue that requires a decision.

Substitute Motions

• Motions moved in substitution of the original motion for taking into consideration a policy or situation or statement or any other matter are called substitute motions.
• Such motions, though drafted in such a way as to be capable of expressing an opinion by themselves are not, strictly speaking, substantive motions in as much as they depend upon the original motion.
• A substitute motion is presented as an alternative to an original motion that is under consideration. It allows members to propose different approaches or solutions to a problem.

After the original motion that the policy or situation, etc. be taken into consideration has been placed before the House and the mover of the motion has concluded the speech, the House proceeds to discuss the matter.

• No further question is put thereon after the debate. However, before the discussion commences, a member can move a substitute motion which, while conforming to the subject matter of the original motion, is so drawn up as to express an opinion of the House.
• The substitute motion, being like an amendment to the original motion, is also placed before the House and is discussed along with the original motion.
• Amendments to substitute motions are not permissible. At the end of the debate, the substitute motion only is put to the vote of the House.

Subsidiary Motions

They depend upon or relate to other motions or follow up on some proceedings in the House. They by themselves have no meaning and are not capable of stating the decision of the House without reference to the original motion or proceedings of the House.

Subsidiary motions can be further divided into:

• Ancillary Motions
• Superseding Motions
• Amendments

Ancillary Motions

These are motions that are recognized by the practice of the House as the regular way of proceedings with various kinds of business. Examples of ancillary motions are:

• That the Bill be taken into consideration.
• That the Bill be passed.

Superseding Motions

These are motions which, though independent in form, are moved in the course of debate on another question and seek to supersede that question. In this class fall all motions of dilatory character.

The following are superseding motions about the motion for taking into consideration a Bill:

• That the Bill be re-committed to a Select Committee.
• That the Bill be re-committed to a Joint Committee of the Houses.
• That the Bill be circulated for eliciting further opinion thereon.
• That consideration of the Bill or the debate on the Bill is adjourned sine-die or to some future date.

Amendments

These are subsidiary motions that interpose a new process of question and decision between the main question and its decision.

Amendments may be to the clauses of a Bill, to a resolution or to a motion, or an amendment to a clause of a Bill, resolution, or motion.

Other types of motions in Parliament

The notice of a motion is given in writing and addressed to the Secretary-General. Notices of motions can be given from the date following the date of issue of summons for a session.

• To ensure that members who are not in Delhi are not at a disadvantage regarding the tabling of notices of motion, inter-se priority of notices on the same subject received within a specified period after the date of issue of summons is determined by ballot.
• The priority of notices received thereafter is determined according to the date and time of receipt.

Adjournment Motion

An adjournment motion is moved by a member to draw the attention of the House to a specific matter of urgent public importance.

• It leads to the suspension of normal business to discuss the matter immediately.
• If admitted, the House may be adjourned to discuss the issue raised.

No-Confidence Motion

A no-confidence motion is moved by a member to express a lack of confidence in the council of ministers (the government).

• If the motion is accepted and debated, the government must prove its majority in the House.
• If the motion is passed, it could lead to the resignation of the government.

Censure Motion

A censure motion is moved to criticize the government for specific actions or policies.

• It does not entail the removal of the government but serves as a strong expression of disapproval.

Calling Attention Motion

A calling attention motion is moved by a member to call the attention of a minister to a specific matter of public importance and seek a reply.

• It is typically used for matters that require immediate attention.

Privilege Motion

A privilege motion is moved by a member who believes that their privileges, as well as the privileges of the House as a whole, have been violated.

• It may relate to contempt of the House or breach of parliamentary privileges.

Sense of the House Motion

A sense of House motion is a non-binding motion that seeks to express the collective opinion or sentiment of the members on a particular issue.

Motion of Thanks

This motion is moved to express gratitude to the President of India for their address to both Houses of Parliament at the beginning of the session. It is typically moved in the Lok Sabha.

Motion for a Select Committee

A motion may be moved to refer a particular matter to a select committee for detailed examination and report.

No-Day-Yet-Named Motions

If the Speaker admits a notice of a motion and no day is fixed for its discussion, it is called a ‘No-Day-Yet-Named Motion’.

• All such admitted motions are notified in Bulletin Part-II and are placed from time to time before the Business Advisory Committee which selects the motions according to the urgency and importance of the subject matter thereof and recommends time for discussion of the same.

Admissibility of motions in parliament

The admissibility of a motion or part thereof is decided by the Speaker. A motion may be disallowed by the Speaker if in his/her opinion it is an abuse of the right of moving a motion or is calculated to obstruct or prejudicially affects the procedure of the House or is in contravention of the rules.

The Speaker has the inherent power to rule out a motion at any time before it is voted upon on the ground that it involves an abuse of the forms and procedure of the House.

A motion to be admissible must satisfy the following conditions:

• it shall raise substantially one definite issue;
• it shall not contain arguments, inferences, ironical expressions, imputations, or defamatory statements;
• it shall not refer to the conduct or character of persons except in their public capacity;
• it shall be restricted to a matter of recent occurrence;
• it shall not raise a question of privilege;
• it shall not revive discussion of a matter which has been discussed in the same session;
• it shall not anticipate discussion of a matter which is likely to be discussed in the same session;
• it shall not relate to any matter which is under adjudication by a court of law having jurisdiction in any part of India;
• if it contains a statement the member shall make himself responsible for the accuracy of the statement;
• it shall not seek discussion on a paper or document laid on the Table by a private member;
• it shall not ordinarily relate to matters which are under consideration of a Parliamentary Committee;
• it shall not ask for an expression of opinion or the solution of an abstract legal quest or a hypothetical proposition;
• it shall not relate to a matter which is not primarily the concern of the Government of India;
• it shall not raise a matter under the control of bodies or persons not primarily responsible to the Government of India;
• it shall not relate to a matter with which a Minister is not officially concerned;
• it shall not refer discourteously to a friendly foreign country;
• it shall not refer to or seek disclosure of information about matters which are in their nature secrets such as Cabinet discussions or advice given to the about elation to any matter in respect of which there is a constitutional, statutory, or conventional obligation not to disclose information; and
• it shall not relate to a trivial matter. (Rule 186)

Resolutions

A resolution is one of the procedural devices to raise a discussion in the House on a matter of general public interest. Subject to the provisions of the rules, a member or a Minister may move a resolution.

A resolution for being admissible should satisfy the following conditions:

• it shall be clearly and precisely expressed;
• it shall raise substantially one definite issue;
• it shall not contain arguments, inferences, ironical expressions, imputations, or defamatory statements;
• it shall not refer to the conduct or character of persons except in their official or public capacity; and
• it shall not relate to any matter which is under adjudication by a court of law having jurisdiction in any part of India. [Rule 173]

Types of Resolutions

Resolutions may be classified as:

• Private Members’ Resolutions
• Government Resolutions
• Statutory Resolutions

Private Members’ Resolutions

• Resolutions that are moved by private members are termed Private Members’ Resolutions.
• A member who desires to move a resolution has, in the first instance only to give written intimation to that effect at least two days before the date of ballot. The names of members from whom such intimations are received are balloted.
• A Private Member’s Resolution, when adopted, is not binding. It is up to the Government to implement the provisions contained in the resolution which had been adopted by the House.

Government Resolutions

Though no period of notice has been prescribed for Government resolutions, in actual practice, Ministers give notice of their resolutions several days in advance of the date on which the item is proposed to be included in the list of business.

• After the notice of a resolution given by a Minister has been admitted by the Speaker, it is published in the Bulletin.
• Time for discussion of a government resolution is allotted by the House on the recommendation of the Business Advisory Committee.
• The resolution may be moved by the Minister-in-charge or, in his/her absence, by any other Minister on his/her behalf.

The four broad categories under which Government resolutions may be classified are:

• Resolutions approving international treaties, conventions, or agreements to which the Government is a party
• Resolutions declaring or approving certain policies of the Government
• Resolutions approving recommendations of certain Committees
• Resolutions for approval of the proposal of the Government to reject the Award given by the Board of Arbitration

Statutory Resolutions

Resolutions tabled in pursuance of a provision in the Constitution or an Act of Parliament are termed statutory resolutions.

• Notice of such resolutions may be given either by a Minister or by a private member.
• Certain enactments, however, expressly require the Government to bring forward a resolution within a period of time.
• There is no particular period of notice for moving a statutory resolution unless the period itself is prescribed in the particular article of the Constitution or in the section of the statute under which it is tabled.
• A statutory resolution, after it has been admitted by the Speaker, is published in the Bulletin, under the heading ‘Statutory Resolution’ for information of the members

Difference between resolutions and motions in parliament

• All resolutions are substantive motions. However, all motions need not be substantive, that is to say, they may not require to be voted upon in the House.
• The difference between a resolution and a motion is more of a procedural nature than of content.
• Quite often both motion and resolution on the same subject are admitted with some slight change of form.

Conclusion

The motions of parliament provide members with a platform to voice their concerns, engage in debates, and influence legislative decisions.

Resolutions in the Indian Parliament provide a formal and structured way for members to express their opinions, seek decisions on specific matters, and influence policy discussions. They play a significant role in shaping the legislative process, deliberations, and the functioning of the parliamentary system.

Also read: Types of Majorities Used in the Indian Parliament – Absolute, Effective, Simple, and Special Majority

-Article by Swathi Satish