The Hindu : National : ‘Trust or no-trust motion not permissible in October session’

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Wednesday, Sep 10, 2008
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‘Trust or no-trust motion not permissible in October session’

Neena Vyas

Since it will be considered a continuation of July 21/22 session

As per Rule 338 of the Rules of Procedure and Conduct of Business
Final authority who decides the question is Speaker

NEW DELHI: The rules of procedure for the Lok Sabha permit a vote of confidence or no-confidence in the government only once in a session. Since the session starting on October 17 will be considered to be a continuation of the two-day session that was held on July 21 and 22 – the Lok Sabha has not been prorogued since then – neither will the government be allowed to seek yet another vote of confidence nor will any Opposition party be free to move a motion of no-confidence.

It was officially stated on Monday by the Lok Sabha secretariat that “the second part of the fourteenth session of the Fourteenth Lok Sabha will commence on Friday, October 17”, and “subject to exigencies of government business, the session is likely to conclude on Friday, November 21, 2008.” Thus it was made clear that the session starting October 17 was a continuation of the two-day session in July when the Prime Minister moved and won the vote of confidence.

Rule 338 of the Rules of Procedure and Conduct of Business in the Lok Sabha states: “A motion shall not raise a question substantially identical with one on which the House has given a decision in the same session.” In this instance, the House approved on July 22 the motion of confidence moved by the Prime Minister on July 21. Therefore, the House cannot once again take up the issue of no-confidence in the government. Of course, the final authority who decides whether a motion is in order or not is the Speaker.

Rule 186 clause (vi) of the Rules specifically states in order that a motion is admissible “it shall not revive discussion of a matter which has been discussed in the same session.” It would appear that this rule would also preclude the possibility of another trust test for the government in this session.

Officials in the Lok Sabha secretariat have pointed out that a government motion seeking confidence and a motion seeking a vote of no-confidence in the government are seen as essentially similar or even identical, with the only difference in who is moving the motion.

The subject of the motion in both the cases remains confidence in the Government or lack of it.

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