Rule 176 vs Rule 267: What Govt agrees to, what Opp demands

  • After the government and the opposition had different ideas regarding how the discussion on the Manipur situation should be structured, the first day of the Monsoon Session of Parliament was recently derailed as a result.
  • While the government agreed for a short-duration discussion, the Opposition insisted that the Prime Minister make a suo motu statement followed by a discussion, suspending all business under Rule 267.

Motions in the Parliament

  • Motions are used in parliament by members to bring up and address topics of public concern.
  • These procedures enable members to successfully communicate their concerns in the respective Houses and assist the Parliament in adapting to the changing requirements of the public.

Different Motions in the Indian parliament

Rule 267 and Rule 176

  • Rule 267 of the Rules of Procedure and Conduct of Business in the Council of States addresses the suspension of rules in the context of the organization’s deliberations.
    • The following is an excerpt from what it says: “Any member may, with the consent of the Chairman, move that any rule may be suspended in its application to a motion related to the business listed before the Council of that day, and if the motion is carried, the rule in question shall be suspended for the time being:
    • “Provided further that specific provision already exists for suspension of a rule under a particular chapter of the Rules, and this rule shall not apply where such a provision already exists,” the rule states.
  • Short-duration discussion, is a brief discussion not exceeding two-and-a-half hours under Rule 176.
    • It says that “any member desirous of raising discussion on a matter of urgent public importance may give notice in writing to the Secretary-General specifying clearly and precisely the matter to be raised:
    • With the following proviso, the notice must be accompanied by an explanation note that details the motivations behind initiating a discussion on the topic at hand:
    • Further, the notice must be accompanied by the signatures of at least two other members in order to be considered valid.”
    • Once the Chairman admits the notice, the rules say he, in consultation with the Leader of the Council, will fix the date on which such matter may be taken up for discussion and allow such time for discussion, not exceeding two and a half hours.
  • Therefore, it means that a short-duration discussion under Rule 176 can be taken up immediately, a few hours later, the next day or can be fixed for a later date and time.
  • But the rule says there shall be no formal motion or voting under a short duration discussion.
  • According to the rule, the member who has given notice has the ability to make a brief statement, and the Minister is obligated to respond in a timely manner.

The expert views over Rule 267 and Rule 167

  • Experts say opposition parties had been mistakenly using Rule 267 as an equivalent to the adjournment motion in Lok Sabha.
  • In the event of a motion to adjourn, which is regulated by Rules 56-63 of the Rules of Procedure and Conduct of Business in the Lok Sabha, the discussion will be based on a motion.
    • According to the rule, “with the consent of the Speaker, a motion for an adjournment of the business of the House for the purpose of discussing a specific matter of urgent public importance may be made.” This is the definition of the term “adjournment motion.”
    • And the rules say “not more than one such motion shall be made at the same sitting.