The convention for passing Bills in the Parliament is by orally communicating agreement or disagreement with the proposed motion (whether a Bill should be passed or not, for example). When a motion is put to vote the speaker says, 'Those in the favour of the motion say Aye and those opposing it say No.' According to the voice vote, the Speaker decides whether the Bill is accepted or negated by the House. If a member is not happy with a voice vote, it can be challenged and a division can be asked for. The procedure for division entails the Speaker to announce for the lobbies of Parliament to be cleared. Then the division bell rings continuously for three and a half minutes and so do many connected bells all through Parliament House and Parliament House Annexe. MPs come from all sides into the chamber and the doors are closed. The votes are recorded by the Automatic Vote Recording Equipment. For example, in the Winter Session of the Parliament, four appropriation bills (financial Bills) were passed by voice vote amidst the interruptions from the opposition and two bills i.e. The Orissa (Alteration of Name) Bill, 2010 and The Constitution (One Hundred and Thirteenth Amendment) Bill, 2010 (Amendment of Eighth Schedule) were passed through division. For these Bills the voting took place together. The votes recorded were: 298 ayes and 0 noes.
The President issued the Criminal Law (Amendment) Ordinance on February 3, 2013. This ordinance amends the Indian Penal Code, Criminal Procedure Code and the Indian Evidence Act. Here we explain what an ordinance is, how it is made and with what frequency it is used. This article was first published on Rediff and can be accessed here. What is an ordinance and who makes it? Under the Constitution, the power to make laws rests with the legislature. However, in cases when Parliament is not in session, and ‘immediate action’ is needed, the President can issue an ordinance. An ordinance is a law, and could introduce legislative changes. The Supreme Court has clarified that the legislative power to issue ordinances is ‘in the nature of an emergency power’ given to the executive only ‘to meet an emergent situation’. An example of immediacy can be seen in the ordinance passed in 2011 to give IIIT - Kancheepuram the status of an institute of national importance so that students could be awarded their degrees on completion of their course. What will happen to the ordinance when Parliament meets for the Budget session? After the ordinance is notified it is to be laid before Parliament within 6 weeks of its first sitting. The first sitting of Parliament in the Budget session this year will be February 21, 2013. Parliament could either choose to pass the ordinance, disapprove it or it may lapse within the 6 week time frame. In addition, the President may chose to withdraw the ordinance. Once the ordinance is laid in Parliament, the government introduces a Bill addressing the same issue. This Bill is supposed to highlight the reasons that necessitated the issue of the Ordinance. Thereafter, the Bill follows the regular law making process. An amendment to Criminal Laws addressing similar issues is currently pending in Parliament. How will this play out vis-à-vis the ordinance? The ordinance gives effect to some of the provisions of the Criminal Laws (Amendment) Bill, 2012, with some modifications. In the upcoming Budget session the government may introduce a new Bill replacing both the Ordinance and the Amendment Bill currently pending in Parliament. The parliamentary Standing Committee is currently examining the Amendment Bill and is expected to submit its report by the end of March. How often does the President use this power to make ordinances? Data over the last 60 years indicates that 1993 saw the highest number of ordinances being passed, i.e. 34. In comparison, a fewer number of ordinances are now being issued. For example, in the last 10 years the average number of ordinances issued per year is 6.
