ORIENTATION PROGRAMME

MEMBERS-Dos and Don'ts Part II C O N T E N T S PAGE(S)

1. Introduction ......................................................... 1

2. Customs and Conventions 2-4

3. Parliamentary Etiquette 5-10

4. Procedure regarding allegations against Members 11

5. Rules to be observed by Members desiring to

participate in a debate ......................................... 12

1. INTRODUCTION

Parliamentary form of Government is essentially a Government by discussion and debate. The floor of the legislature is used by the party in power to explain its policies and programmes and the steps and measures taken to implement them. The Opposition uses the same forum to criticise the Government. The explanations by the party in power and the criticism by the parties in Opposition necessarily lead to a debate and naturally, legislatures therefor, become debating assemblies. Every legislature, apart from harming a body of formal rules, also has well-established customs and conventions evolved over a period of time. These rules, customs and conventions help the Chair, not only in conducting the proceedings, but also lay down norms of behaviour expected from the Members.

2. CUSTOMS AND CONVENTIONS

A Member elected for the first time has to make himself familiar with the established parliamentary customs and conventions, These customs and conventions are based on the past practices, the rulings of the Presiding Officers and on the unrecorded traditions of Parliament, which a Member comes to know through his personal experience in Parliament. A list of such customs and conventions (which may not be taken as exhaustive) is given below:-

1. Every Member should, while coming to the House for a sitting, bring with him/her the identity card issued by the Secretary-General in order to enable the Security Staff on duty in the premises of the House to easily recognise them, as it is not always easy for them to get acquainted with the names and appearances of a large number of Members. The Security Staff have strict orders not to allow strangers in the Parliament House. 2. Before making and subscribing the oath or affirmation, it is customary for the Members to call on the Chairman which is arranged by the Officer at the Table or the Table Office. also advise the Members on the procedure for making and subscribing the oath or affirmation For information on other matters concerning their membership and parliamentary business, Members may contact Rajya Sabha Notice Office which Coordinates between the concerned offices/sections and the Members. 3. Before entering the House, a Member has to sign every day the Attendance Register placed in the Inner Lobby. For the convenience of Members, the Attendance Register has been split-up into four parts according to their Division Numbers, namely:-- 1. Division Nos. 1 to 61;

2. Division Nos. 62 to 127;

3. Division Nos. 128 to 195;

4. Division Nos. 196 to 250; and

each part is kept on a separate rostrum in the Inner Lobby.

4. In view of the highly restricted entry in the Central Hall and the closing of the Waiting Hall in the Parliament House near Gate No. 12 for the visitors, arrangements have now been made for Members to meet their visitors in the Reception Office adjacent to the Parliament Building.

5. Members should say or do nothing on the floor of the House that is not warranted by the Rules of Procedure or by the rulings or precedents, or by the accepted and established customs and conventions of the House.

6. Information given to Members in confidence or by virtue of their being Members of Parliamentary Committees should not be divulged to anyone, nor used by them, directly or indirectly, in the profession in which they are engaged, such as in their capacity as Editors or Correspondents of newspapers or proprietors of business firms and so on.

7. A Member should not give certificates which are not based on facts.

8. A Member should not permit himself/herself to be used as a ready supporter of anybody’s grievances or complaints.

9. The decorum and the seriousness of the proceedings of the House require that there should be no "Thanks",

"Thank You", "Jai Hind", "Bande Mataram" or any other slogans raised in the House.

10. "Applause" or "Cheers" and "Laughters" are not recorded in the proceedings of the House.

11. A notice for raising a matter in the House should not be given publicity by any Member or other person until it has been admitted by the Chairman and circulated to Members.

12. Rulings are given by the Chair according to precedents of the House and where there is no precedent, the usual parliamentary practice is followed.

13. Questions pertaining to the Rajya Sabha/Lok Sabha Secretariat and the functions of the Chairman, Rajya Sabha/Speaker, Lok Sabha are not answered on the floor of the House.

14. Reference to Officers of either House in debates is improper.

15. Proposals for expenditure from grants relating to Rajya Sabha/ Lok Sabha Secretariat are not discussed on the floor of either House or in Parliamentary Committees.

16. Carrying and display of arms in the House is prohibited.

17. Production of exhibits on the floor of the House is not in order.

3. PARLIAMENTARY ETIQUETTE

Parliamentary etiquette is a technical name given to the rules which the Members are required to observe in the House. These rules are based on the Rules of Procedure and Conduct of Business in the Rajya Sabha and also on the rulings given by the Chair from time to time. The following is the list of some of the important rules of Parliamentary etiquette which the Members have generally to observe in the House:-

1. Members should be present in the House a few minutes before the scheduled time, which is ordinarily 11.00 A.M. At the appointed time in the House, the Marshal announces the arrival of the Chairman, who immediately thereafter enters the Chamber. Members should stop all conversation and rise in their places. Members who enter the House at that time should stand silently in, the gangway, till the Chairman takes the Chair and thereafter they should go to their scats.

2. While the House is sitting, every Member should enter and leave the Chamber in such a manner as not to disturb the proceedings in the House.

3. Every Member should bow to the Chair while entering or leaving the House and also before taking or leaving his/her scat.

4. A Member should never pass between the Chair and the Member who is speaking.

5. Members should not sit with their backs to the Chair.

6. During a sitting, a Member may, if he/she requires, go out quickly by a back door close to his seat without causing any disturbance to the House.

7. Member should not so converse amongst themselves as to disturb the proceedings of the House. Such talks, though not very audible at a distance, may considerably disturb the Chair due to special sound arrangements in the Chamber.

8. Members, in their seats, should not read newspapers, periodicals, books or letters, not directly connected with, or necessary for the business before the House.

9. When a Member wants to speak be should rise in his place to attract the attention of the Chair, No Member should speak unless he or she has caught the "eye" of the Chair, and has been called upon by name or by a sign to speak.

10. No Member should raise in the House the subject matter of a notice or a communication sent by him to the Chairman, unless he has been specifically permitted by the Chairman to do so. If no intimation has been received by the Member, he should presume that the matter is either under consideration of the Chairman or it has been disallowed by him.

11. Every Member should resume his seat as soon as the Chairman rises to speak, or calls out "Order" and also when any other Member is in possession of the floor (i.e., speaking with the permission of the Chair) or has interposed in the course of the debate to raise a point of order, or to offer a personal explanation.

12. No Member should rise or leave the House when the Chairman is addressing the House. The Chairman should always be heard in silence.

13. Except with the prior leave of the Chair, no Member should read out a written speech, though notes may be referred to.

14. A Member is not allowed to read the speech for another Member during the latter's presence in the House.

15. Members should not leave the House immediately after they finish their speeches. Courtesy to the House requires that after finishing their speeches they resume their seats and leave the House only afterwards, if necessary.

16. When a Member criticises another Member or a Minister, the latter is entitled to expect that the critic should be present in the House to hear his reply. To be absent when the latter is replying, is a breach of Parliamentary etiquette. Members who participate in a debate should be present in the House when the Minister replies to the debate. Members are expected to extend this courtesy to the Minister.

17. It is desirable that as far as practicable, a Member should not be referred to by name, but in some other suitable way e.g., 'the Member who has last spoken', 'the Member representing such and such State', 'the Members from...', etc. If unavoidably necessary, full name may be used.

18. Repetition of the arguments of previous speakers, or one's own, should be avoided. It may be resorted to rarely with a view to giving emphasis to a point.

19. Personal reference (unless it is imperatively necessary for the purpose of the debate, being itself a matter in issue or relevant thereto) by way of imputation, of motive to or questioning the bonafides of any Member, should not be resorted to.

20. Members, when in the Lobby, should talk to each other in a subdued tone so as not to disturb the proceedings of the House.

21. No Member should speak to the Gallery from inside the Rouge, nor should he/she make any reference or appeal to it. Applause for any person sitting in the Gallery is out of order.

22. A Member, while speaking should not address the individual Members directly but should always address the Chair, and make all remarks to other Members through the Chair.

23. No Member should argue with another Member when the latter is speaking. He may, however, ask through the Chair, questions with a view to obtaining information from the Member who is speaking. But a Member who is addressing the House with the permission of the Chair, should not be interrupted by another Member persistently. It is open to the former not to give way but to go or, with his speech, if the interruption is not for raising a point of order.

24. A Member should not interrupt any Member who is speaking by making noises or in any other disorderly manner. 25. The Chairman may direct any Member whose conduct, in his opinion, is grossly disorderly, to withdraw immediately from the House, and any Member so ordered to withdraw should do so forthwith and should absent himself during the remainder of the day's sitting.

26. A statement made by a Minister from the records in his possession should be accepted as correct unless a specific point is raised to challenge it.

27. A Member may, with the permission of the Chairman, make a personal, explanation, although there is no question before the House, but in such case, no debatable matter may be brought forward, and no debate shall arise.

28. If any statement is attributed to have been made by another Member, and the latter says that he did not make that statement, the contradiction should be accepted without demur.

29. Words containing insinuations, offensive and unparliamentary expressions should be scrupulously avoided. When the Chair holds that a particular word or expression is unparliamentary, it should be immediately withdrawn without any attempt to raise any debate over it Words or expressions held to he unparliamentary and ordered to he expunged by the Chair, are omitted from the printed debates.

30. As Members enjoy exemption from prosecution for a statement made by them in the House, allegations should not be made by them against a fellow Member or a Member of the other House.

31. A Member should speak only from the seat allotted to him. When a Member is not sitting in his own seal, he may not be called to speak or ask supplementary questions.

32. A Member while speaking should not-- (a) refer to any matter of fact on which a judicial decision is pending;

(b) make a personal charge against another Member;

(d) reflect on any determination of the House, except on a Motion for rescinding it;

(e) use Me President's name for the purpose of influencing the debate;

(f) utter treasonable, seditious or defamatory words;

(g) use his right of speech for the purpose of obstructing the business of the House;

(h) reflect on the conduct of persons in high authority unless the discussion is based on a substantive motion drawn in proper terms.

33. In their speeches, Members should not refer to Government officials by name.

34. Members should not smoke in the Chamber.

35. Two Members should not keep standing at the same time.

36. When a Member is making a maiden speech i.e., when he is making a speech for the first time in the House, he should not be interrupted.

37. Members should not obstruct proceedings and should avoid making a running commentary when speeches are being made in the House.

38. Entering the House with coat hanging on the arms is improper and against the decorum of the House.

39. Members should not stand in the passage of the Chamber. They must either be in their seats or go out.

40. Members should not, as far as possible, approach the Chair personally in the House. They may send chits to the Chair, if necessary.

41. Members should not distribute within the precincts of the

Parliament House, any literature, questionnaire or pamphlets, etc., unless permission has been obtained from the Chairman in writing in advance.

42. Members should not carry walking sticks into the Chamber unless permitted by the Chairman.

4. PROCEDURE REGARDING ALLEGATIONS AGAINST MEMBERS

No Member should make any allegation of a defamatory or incriminatory nature against any other Member or a Member of the Lok Sabha unless the Member making the allegation has given previous intimation to the Chairman and also to the Minister concerned.

The Chairman may prohibit the Member from making the allegation if he is of the opinion that such allegation is derogatory to the dignity of the House.

5. RULES TO BE OBSERVED BY MEMBERS DESIRING TO PARTICIPATE IN A DEBATE

(i) Members desiring to notify the Chairman of their intention to take part in a debate or discussion may adopt any one of the following three methods:- (a) A Member wishing to participate in a particular debate or discussion may have his name forwarded to the Chairman by the parliamentary parties or groups, to which he belongs.

(b) A Member may also write directly to the Chairman without having to go through his parliamentary party or group.

(c) A Member who may not like to give his name to the Chairman through his party or to write direct to the Chairman, may adopt the well known parliamentary practice of "catching the Chairman's eye" by standing in his place whenever he wishes to take part in a debate.

(ii) List of Members who wish to participate in any debate in the House or slips from individual Members in that regard should be sent to the officers at the Table and Dot to the Chair.

(iii) The Chairman is not bound by the lists or order in which names have been given by patties or groups or individuals directly. The lists are for his guidance only and it is, always open to him to make changes therein whenever he, considers it necessary.

SOURCES CONSULTED 1. Practice and Procedure of Parliament by Kaul and Shakdher.

2. Practice and Procedure of Indian Parliament by S.S. More.

3. Handbook for Members (Rajya Sabha).