This article has been written by Ms. Sejal Birani, a student studying B.COM LLB (Hons.) from Institute of Law, Nirma University, Ahmedabad. The author is a second year law student.
INTRODUCTION –
In the context of parliamentary institutions, a member of Parliament has an inherent and unalienable right to ask the government for information on an issue of public interest in order to carry out his constitutionally mandated obligations. It is a special parliamentary tool for monitoring the administration. It is a critical tool in lawmakers’ hands for ensuring that the government is held accountable to Parliament and the public for both its actions and omissions. This approach allows parliament to review the full spectrum of governmental operations. Members can identify administrative errors as well as specific data, assurances, or even commitments from the government.
The Indian Parliament adopted the Question Hour with the Montaque Chemsford Reforms of 1919. This change started the first hour of the meeting with questions. When the broadcasting of parliamentary sessions began in 1991, Question hour became an even more powerful weapon for holding the administration accountable. Members thorough question hour have been given inherent and unrestricted freedom to ask questions in the legislature.
PROVISIONS RELATING TO QUESTION HOUR –
LOK SABHA RULE 32. QUESTION HOUR – Unless the Speaker otherwise directs, the first hour of every sitting shall be available for asking and answering the questions.”
Generally, this provision is followed at the time of every sitting in the Parliament House. Although Question Hour may be dispensed with if the house agrees unanimously to devoting more time to other business (as it was done in LS Deb., 22.12.1953; 20.04.1987), Parliamentary records also show that during the Chinese aggression in 1962, the Winter Session was advanced. The sitting of the House started at 12 pm and there was no Question Hour held at that time.
The question hour in the Lok Sabha usually starts at 11 a.m. when the House meets for the session. On the other hand, the question hour in Rajya Sabha usually starts at 12 p.m.
The time allotted for questions and answers is typically limited to the first hour, but if the speaker feels that the questions are particularly sensitive or important to address at that moment, he may extend the time limit. The final decision regarding how Question Hour should be run rests with the two houses’ presiding officers.
Question Hour in both houses is held on all days of the session. But there are two days when an exception is made. There is no Question Hour on the day the president addresses MPs from both houses in the Central Hall. Question Period is also not scheduled on the day the Finance Minister delivers the budget to the House.
Additionally, 15 days prior to Question Hour, ministries receive the questions so they can prepare their ministers. They also prepare their ministers for the follow-up questions that they can anticipate being asked in the House. Government officials remain nearby in the gallery so that they could deliver notes or pertinent papers to the minister , if required, while they respond to a question.
PROCEDURE AND TYPES OF QUESTIONS –
The ministers of the Government of India have been separated into five groups for the purpose of answering questions in the house. Each group has been assigned a specific day of the week, and the ministers in question respond to questions by rotation on that day. In order for ministers to be available in one house to respond to questions, the arrangement of the ministries is different for the two houses. There are three categories of questions members can ask: starred questions (which require an oral response in the house), unstarred questions (which require written responses), and short notice questions (i.e., questions that can be asked for an oral answer with less than 10 days’ notice). If the subject of the question relates to a bill, resolution, or other issue related to the business of the house for which a private member is responsible, then questions may also be addressed to that private member.
Questions must not exceed 150 words. They must be specific and not overly broad. Additionally, the query must touch upon a domain within the Indian government’s purview. Questions shouldn’t ask for information about matters that are confidential or being decided by a court. The presiding officers of the two Houses make the final decision on whether a question posed by an MP will be accepted for the government to respond.
A Member who wishes to pose a question must notify the Lok Sabha Secretary-General in writing of their intentions to ask a question. In addition to the question’s wording, the notice should include the minister’s official title or designation, the date by which an answer is required, and the order of preference in the case that a Member submits multiple notices of questions on the same day.
A member is not allowed to give more than five notices of questions, both for oral and written answers, in total, for any day.
The normal period of notice for a question is not less than fifteen clear days. However, the Speaker can relax the required minimum notice period of fifteen clear days to protect the interest of the members.
A random ballot is created using the total number of questions submitted by MPs in the starred and unstarred categories. 20 of the starred questions on the Lok Sabha ballot are chosen for the Question Hour, and 230 others are chosen for written responses.
SIGNIFICANCE OF QUESTION HOUR –
Because asking questions is a crucial and unrestricted parliamentary privilege granted to all Members of Parliament, a Question Hour is especially significant in legislative procedures. During Question Hour, the government is essentially placed on trial, and ministers are required to stand and defend the decisions made by their executive branch, or more precisely, their administration.
The Question Hour gives Members the opportunity to voice public grievances about government operations, and it is because of these questions that the government stays informed about the problems that ordinary people confront. These questions also give ministries a chance to gauge how the general public feels about their administration and policies.
These questions allow ministers to identify numerous gaps that they might have otherwise missed. The issues that members bring up can sometimes affect the entire public. A Commission, a Court of Enquiry, may be appointed or even amendments to the law may be done as a result of pertinent questions raised during the Question Hour. For instance, one of the financial frauds involving LIC’s investment in Mundhra’s business was exposed in the Lok Sabha in 1957.
CONCLUSION –
It is clear that the Question Hour is a crucial tool for monitoring the government’s actions. In a democratic nation like India, where the government is held responsible for every decision it makes, this(the Question Hour) is of utmost importance. Through these inquiries, MPs who represent the public in the legislature are able to convey to the administration all of the public’s complaints. The government may also benefit from it because, in the end, it enables it to carry out its duties more effectively and to make decisions while taking the public’s viewpoint into account. Because of the involvement of numerous stakeholders that either directly or indirectly represent the public, following this approach results in decisions by the government that are less likely to face criticism and produce more successful outcomes.
REFERENCES –
Book – Parliamentary Procedure- Law, Privileges, Practice and Precedents (Second Edition) by Dr. Subhash C. Kashyap
ISBN – 81-7534-535-7
https://prepp.in/news/e-492-question-hour-indian-polity-notes
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