ADVOCATE QUESTIONS REQUIREMENT OF 20% MLAs TO BRING SUCH MOTION IN STATE ALTHOUGH LESS THAN 10% MPs NEEDED IN LOK SABHA

Face2News/Chandigarh  

The 30 member Congress Legislative Party (CLP) in Haryana Vidhan Sabha is scheduled to bring No-Confidence Motion in the State Assembly in the ensuing Budget Session commencing 20 Feb 2024.

Amidst the same, Hemant Kumar, an Advocate at Punjab and Haryana High Court told that this would be the second No-Confidence Motion to be brought by the principal opposition party i.e. Congress against the ruling Manohar Lal Khattar led BJP-JJP coalition Government in the State during the current 14th Haryana Vidhan Sabha whose tenure is until early Nov-2024. The previous No-Confidence Motion brought by Congress party in March, 2021 was defeated with 55 votes polled against such Motion while 32 in its favour.

Meanwhile, Hemant has today written to the State Governor, Speaker, Deputy Speaker of current 14th Haryana Vidhan Sabha along with Leader of the House (read Chief Minister), Parliamentary Affairs Minister and others highlighting prevalence of grave disparity in the minimum number of Members of the House (MLAs) required to bring No-Confidence Motion in Haryana Vidhan Sabha vis-a-vis minimum number of Members of Lok Sabha (MPs) required to bring No-Confidence Motion in the House of the People (Lok Sabha).

The Advocate told that in Lok Sabha minimum 50 i.e. 9.20% (even less than 10%) of the total 543 Members of the House of the People are required to bring No-Confidence Motion whereas in Haryana Vidhan Sabha, minimum 18 i.e. 20% of the total 90 Members of the House are needed to bring No-Confidence Motion.

The Advocate asserted that as per Rule No. 65 (2) of Rules of Procedure and Conduct of Business in the Haryana Vidhan Sabha ( as amended till date) not less than 18 members of the House (MLAs) i.e. at least 20 % of the strength of full 90-member Haryana Legislative Assembly is required to bring a No-Confidence Motion in the House of Haryana Vidhan Sabha.

The Advocate asserted that as per Rule No. 65 (2) of Rules of Procedure and Conduct of Business in the Haryana Vidhan Sabha ( as amended till date) not less than 18 members of the House (MLAs) i.e. at least 20 % of the strength of full 90-member Haryana Legislative Assembly is required to bring a No-Confidence Motion in the House of Haryana Vidhan Sabha.

However as per Rule No. 198(2) of Rules of Procedure and Conduct of Business in Lok Sabha (as amended till date) not less than 50 members of the House (MPs) i.e. 9.20% (even less than 10 %) of the strength of 543 members Lok Sabha is required to bring a No-Confidence Motion in the House of the People (Lok Sabha).Hemant further told that although the Constitution of India is silent on the subject pertaining to requirement of minimum numbers of members of the House (MPs/MLAs) required so as to bring No-Confidence Motion in their respective Houses and it all depends upon the Parliamentary conventions, practices etc. however in our country, India, that is Bharat, which is World's Largest Parliamentary Democracy, there should be uniformity in this regard in terms of State Legislative Assemblies vis-a-vis Lok Sabha.

Last but not the least, the Advocate has also quoted Article 189(3) of Constitution of India which stipulates that until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one-tenth of the total number of members of the House, whichever is greater.