Published: 23rd Mar, 2023
Context
Amid the allegation of the Opposition leader Rahul Gandhi, on the present central government members in Lok Sabha, against which the rule 357 and conduct of Business mentioned under parliamentary functioning gained traction.
Background
- The Constituent Assembly (Legislative) Rules of Procedure and Conduct of Business in force immediately before the commencement of the Constitution of India were modified and adopted by the Speaker of Lok Sabha in exercise of the powers conferred on the Speaker by article 118(2) of the Constitution and published under the title "Rules of Procedure and Conduct of Business in the House of the People" in the Gazette of India Extraordinary dated the 17th April, 1952.
- Those Rules were amended by the Speaker from time to time on the recommendations of the Rules Committee of the House until September, 1954.
- In September, 1954, Rules Committee decided that their recommendations should be approved by the House before amendments were given effect to.
- Consequently, the procedure for amendment of the rules as given in rule 306 of the Fourth Edition (rule 331 of the Present edition) came into force with effect from the 15th October, 1954.
What is Rule 357?
- In the Rules of Procedure and Conduct of Business in Lok Sabha, under the section ‘Rules to be observed by the members’, there is rule 357 for ‘personal explanation’.
- It states that “a member may, with the permission of the Speaker, make a personal explanation although there is no question before the House, but in this case no debatable matter may be brought forward, and no debate shall arise.”
Powers of Speaker under the Rules for the Conduct of Business:
- Rule 378 of the Rules for the Conduct of Business states: “The Speaker shall preserve order and shall have all powers necessary for the purpose of enforcing own decisions.”
- Rule 373 says: “The Speaker, if is of the opinion that the conduct of any member is grossly disorderly, may direct such member to withdraw immediately from the House, and any member so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.”
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