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Bone of Contention in Rajya Sabha : Rule 267.

INDIAN POLITY
21 Dec, 2022

NEWS HIGHLIGHT 

Theme : Federalism
Paper:GS - 2

Rule 267 of the Rajya Sabha rulebook, which allows for suspension of day’s business to debate the issue suggested by a Member, has become a bone of contention in the Upper House.


 

TABLE OF CONTENT

  1. Context
  2. Rajya Sabha
  3. Rule 267 of Rajya Sabha
  4. Importance of Rule 267
  5. Other Ways to Raise Important Issues in the House
  6. Opposition Insisting on Rule 267
  7. Controversy over Rule 267 & Usage

Context : Rule 267 of the Rajya Sabha rulebook, which allows for suspension of day’s business to debate the issue suggested by a Member, has become a bone of contention in the Upper House.

 

Rajya Sabha : 

  • The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India.
  • As of 2021 it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social services.
  • The potential seating capacity of the Rajya Sabha is 245 (233 elected, 12 appointed), according to article 80 of the Indian Constitution. Members sit for staggered terms lasting six years, with about a third of the 238 designates up for election every two years, in even-numbered years.
  • The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha, being the lower house of the Parliament, the Rajya Sabha is not subjected to dissolution. However, the Rajya Sabha, like the Lok Sabha, can be prorogued by the president.

Rule 267 of Rajya Sabha :

  • The Rule gives special power to a Rajya Sabha member to suspend the pre-decided agenda of the House, with the approval of the Chairman.
  • The Rajya Sabha Rule Book 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.
  • If the motion is carried, the rule in question shall be suspended for the time being: provided further that this rule shall not apply where specific provision already exists for suspension of a rule under a particular chapter of the Rules.

Importance of Rule 267 :

  • In the Upper House, the Opposition members have been consistent in demanding a debate on the India-China border situation.
  • There have been hundreds of notices by Members to invoke Rule 267 in the past eight years.
  • After the latest clash between the two sides in Arunachal Pradesh’s Tawang, the Opposition members have become more vocal with their demand.
  • Every day, Opposition leaders are demanding that the Chair suspends all other business and allow a discussion on the latest situation in India-China border by applying Rule 267.

Other Ways to Raise Important Issues in the House : 

  • Question Hour: An MP can ask questions related to any issue during the Question Hour in which the concerned minister has to provide oral or written answers.
  • Zero Hour: An MP can raise the issue during Zero Hour. Every day, 15 MPs are allowed to raise issues of their choice in the Zero Hour.
  • Special Mention: An MP can even raise it during Special Mention. A Chairman can allow up to 7 Special Mentions daily.
  • Debate over president’s address: An MP can try to bring the issue to the government’s notice during other discussions such as the debate on the President’s speech.
  • Budget speech: Opposition leaders have also used the Budget debate to attack the government politically.

Opposition Insisting on Rule 267 : 

  • Any discussion under Rule 267 assumes great significance in Parliament simply because all other business would be put on hold to discuss the issue of national importance.
  • No other form of discussion entails suspension of other business.
  • If an issue is admitted under Rule 267, it signifies it’s the most important national issue of the day.
  • Also, the government will have to respond to the matter by replying during the discussions under Rule 267.

Controversy over Rule 267 & Usage  : 

  • Opposition members have alleged that the Rajya Sabha chairman has consistently refused to allow any discussion under Rule 267 for a long time.
  • While Dhankhar has not allowed any matter under Rule 267, his predecessor M Venkaiah Naidu too didn’t allow any admission under Rule 267 during his entire five years.
  • The rule has been used several times.
  • The last time it was used was in November 2016, when the Upper House invoked Rule 267 to discuss demonetization.

FAQs : 

  1. What is Rule 267 of Rajya Sabha?

ANS.  The Rule gives special power to a Rajya Sabha member to suspend the pre-decided agenda of the House, with the approval of the Chairman.

  1. What is Rajya Sabha?

ANS. The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India.