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Question

Which one among the following motions cannot be made while introducing an ordinary Bill in the Parliament ?

This question was previously asked in
CDS II 2021 General Knowledge Previous Year Paper (14-Nov-2021)
The correct answer is

That the Bill be referred to a Joint committee of the House without the concurrence of the other House

Understanding Motions on Ordinary Bills in Parliament

When an ordinary Bill is introduced in Parliament, certain motions can be moved concerning its consideration and further processing. These motions help decide the next steps the Parliament should take with the Bill.

Common Motions After Introducing an Ordinary Bill

After an ordinary Bill is introduced in either the Lok Sabha or the Rajya Sabha, several standard motions can be proposed. Let's examine the options provided:

  1. That the Bill be taken into consideration: This is a fundamental motion. If passed, the House proceeds to a general discussion on the principles and provisions of the Bill.
  2. That the Bill be circulated for the purpose of eliciting public opinion: This motion allows the Bill to be published and circulated among the public, state governments, or relevant bodies to gather feedback before further parliamentary consideration. This is a valid motion aimed at getting broader input on the Bill.
  3. That the Bill be referred to a Select Committee: A Select Committee is formed with members from the House where the Bill originated. Referring a Bill to a Select Committee is a common practice to examine the Bill in detail, clause by clause, and suggest amendments. This is a valid motion.

Analyzing the Motion That Cannot Be Made

Now let's look at the fourth option:

That the Bill be referred to a Joint committee of the House without the concurrence of the other House:

A Joint Committee involves members from both the Lok Sabha and the Rajya Sabha. The purpose is to have representatives from both Houses examine the Bill together. However, for a Bill to be referred to a Joint Committee, it requires a motion to be passed in one House, and then the concurrence (agreement) of the other House must be obtained. One House cannot unilaterally decide to send a Bill to a Joint Committee involving members of the other House without their explicit agreement.

Therefore, the motion proposing reference to a Joint Committee without the concurrence of the other House is not a valid motion that can be made while introducing or considering an ordinary Bill in the Parliament.

Conclusion on Ordinary Bill Motions

Based on the legislative procedure for ordinary Bills in the Parliament, motions to take the Bill into consideration, circulate it for public opinion, or refer it to a Select Committee (of the originating House) are permissible. However, a motion to refer the Bill to a Joint Committee of both Houses requires the agreement (concurrence) of the other House. Without this concurrence, such a motion is ineffective and thus, cannot be properly made or acted upon.

Revision Table: Motions on Ordinary Bills

Motion Type Validity on Introduction/Consideration Requirement for Joint Committee
Take into Consideration Valid N/A
Circulate for Public Opinion Valid N/A
Refer to Select Committee Valid (of originating House) N/A
Refer to Joint Committee (without other House concurrence) Invalid Requires concurrence of the other House

Additional Information: Parliamentary Committees

Parliamentary Committees play a crucial role in scrutinizing Bills and other legislative matters. They allow for detailed examination outside the time constraints of the main House sittings.

  • Select Committee: Formed by one House to examine a particular Bill.
  • Joint Committee: Formed with members from both Houses (Lok Sabha and Rajya Sabha) to examine a Bill or for other specific purposes. Their formation for a Bill requires the concurrence of both Houses.
  • Standing Committees: Permanent committees dealing with specific ministries or subjects.

Referring a Bill to a committee allows for expert input, detailed clause-by-clause discussion, and potentially wider consultation, leading to a more refined piece of legislation.

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