Substantive Motion? The Political Implications for Rahul Gandhi

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Bharatiya Janata Party MP Nishikant Dubey initiated a substantive Motion(M) against Leader of Opposition Rahul Gandhi. It can  theoretically lead to Gandhi’s expulsion from the house. The Motion must be passed  by majority vote.

Parliament had used a substantive motion to expel members. In  2005 cash-for-questions case. And recently Trinamool Congress MP Mahua Moitra was expelled.

Removal of a judge, impeachment of President, or a no-confidence motion. These  are substantive in nature.

LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS

WHAT IS MOTION/ RESOLUTION

MOTION: It is a procedural device by which functions of the House are sought to be achieved. It proposes a question or suggests a course of action before the house.

RESOLUTION: It is a self-contained motion. If the resolution is passed in the form of a statue it has a legally binding effect.If it is passed as an expression of opinion it has only a persuasive effect.

TYPES

Motions are of three types:

  1. Substantive M
  2. Substitute M
  3. Subsidiary M

1. Substantive

A substantive M is a complete and independent proposal. It is placed before the House for approval. It can express a clear decision of the House. All resolutions are examples of substantive motions.

Example:
“That this House expresses its no confidence in the Council of Ministers.”

2. Substitute

A substitute M replaces the original motion for discussion on a policy or any other matter. It is related to the original motion and depends on it.

After the original motion is moved and the member finishes speaking, the House begins discussion. Before the discussion starts, another member may move a substitute motion. This motion must relate to the same subject but should clearly express the opinion of the House.

The House discusses both the original and substitute motions together. Members cannot move amendments to a substitute motion. At the end of the debate, only the substitute motion is put to vote.

Subsidiary

Subsidiary M relate to another motion. They arise during House proceedings. On their own, they have no meaning. They cannot express the decision of the House unless linked to the main motion.

Subsidiary motions fall into three types:

  1. Ancillary M
  2. Superseding M
  3. Amendments

1. Ancillary

Ancillary M follow the usual practice of the House. They help conduct regular business. In other words, they move the process forward.

Example:

  • That the Bill be passed.

2. Superseding

Superseding motions appear independent in form. However, they arise during debate on another question. Their purpose is to replace or delay that question. Many of them have a delaying effect.

Example

  • That the Bill be sent back to a Select Committee.

.3. Amendments

Amendments are also subsidiary motions. They introduce a fresh stage of discussion before the main decision. Thus, they modify the original proposal.

1. Adjournment M

  • A member raises an urgent matter of public importance.
  • The motion interrupts normal business.
  • It holds the government accountable.
  • The Speaker must admit it.

2. No-Confidence M

  • A member expresses lack of confidence in the Council of Ministers.
  • At least 50 members must support it.
  • The House debates and votes on it.
  • If passed, the government must resign.

3. Confidence M (Trust Vote)

  • The Prime Minister seeks the confidence of the House.
  • The House votes to show support.
  • If the motion fails, the government falls.

4. Censure M

  • A member criticizes specific policies or actions of the government.
  • It must state the reasons clearly.
  • If passed, the government faces strong political pressure.

5. Privilege M

  • A member alleges breach of parliamentary privilege.
  • It protects the rights of the House and members.
  • The Speaker decides its admissibility.

6. Calling Attention M

  • A member calls attention to a matter of urgent public importance.
  • The concerned minister makes a statement.
  • Members may ask clarifications.

7. Cut M (During Budget)

Members move these to oppose demands for grants.

(a) Policy Cut

  • The member proposes to reduce the demand to Re. 1.
  • It shows disapproval of policy.

(b) Economy Cut

  • The member proposes to reduce the amount by a specific sum.
  • It suggests economy in expenditure.

(c) Token Cut

  • The member proposes a reduction of ₹100.
  • It highlights a specific grievance.

8. Closure M

  • A member seeks to end a debate.
  • The Speaker decides.
  • The House votes immediately after closure.

9. Motion for Leave to Introduce a Bill

  • A member seeks permission to introduce a bill.
  • The House may oppose it.
  • If approved, the bill gets introduced.

10. Motion to Suspend a Member

  • The House may suspend a member for disorderly conduct.
  • The motion ensures discipline.

11. M for Adjournment of Debate

  • A member proposes to postpone a debate.
  • The House decides the new time.

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