The recent disallowance of a question raised by a Member of Parliament (MP) “because of national interest” has stirred controversy. Numerous MPs have voiced similar grievances over their questions being disallowed in previous sessions. This situation shines a spotlight on the rights and restrictions associated with questioning in the Indian parliamentary system.
The Right to Ask Questions: A Key Principle of Parliament
The cornerstone of the parliamentary proceedings, in both Rajya Sabha and Lok Sabha, is the members’ right to seek information from various ministries and departments via multiple forms of questions. These include starred questions, unstarred questions, short notice questions, and questions to private members.
Typically, the first hour of every sitting is dedicated to posing and answering questions and is commonly known as the ‘Question Hour’. The final authority to admit or dismiss a question (or part of it) rests with the Rajya Sabha Chairman or the Lok Sabha Speaker, who determine question admissibility based on House norms.
Admission Rules: Rajya Sabha versus Lok Sabha
Distinct regulations dictate question admissibility in the Rajya Sabha and the Lok Sabha. In Rajya Sabha, rules 47-50 of the Rules of Procedure and Conduct of Business in the Council of States govern question admission. Primarily, the questions should be pointed, specific, and restricted to a single issue.
In contrast, the Lok Sabha uses a ballot system to prioritize questions once the notice is received. The admissibility is determined under Rules 41-44 of the Rules of Procedure and Conduct of Business. Unadmitted questions often include ones that are repetitive, previously answered, or pertain to matters pending judgment in any court of law or under consideration before a Parliamentary Committee.
Categories of Questions and Their Significance
Parliamentary questions can be broadly categorized into starred questions, unstarred questions, short notice questions, and questions to private members.
Starred questions require oral answers from the minister and are marked by an asterisk by the posing MP. Unstarred questions garner written responses that are then laid upon the House table by the respective minister. Short notice questions tackle urgent matters of public importance and call for oral responses. Questions to private members must relate to a Bill, resolution, or other matter that the queried member is responsible for.
Constitutional Rights and Question Hour: Democracy in Action
As defined under Article 75 of the constitution, MPs’ right to pose questions in parliament constitutes a constitutional right. When viewed from this perspective, every Question Hour stands as a symbol of direct democracy where people’s representatives question governance matters directly, mandating government responses within the House.
However, transparency issues arise when questions are disallowed without clear explanations. Currently, MPs cannot access the reasons via RTIs due to House privileges, nor can they challenge it effectively in court. As we move forward, it’s crucial to address these challenges to uphold democratic rights more robustly.