Ahead of the parliamentary polls, the main ruling party BJP and the Congress are eyeball to eyeball over the battle of dominance. In this row, accusing the BJP-JJP led Haryana government of being failed on all fronts, the state Congress has decided to move a no-confidence motion in the upcoming budget session starting from February 20. However, ‘’what the rule book pertaining to bringing a no-confidence motion states” always has been a matter of discussion. Pertaining to this, experts say that to move no-confidence motion is a parliamentary process that allows the opposition to challenge the government’s majority and ability to govern. If the motion is passed, the government must resign.
Any member of the Lok Sabha or assembly can move a no-confidence motion. However, the motion must be supported by at least 50 members of the House. With 30 legislators, the state Congress in Haryana Vidhan Sabha is scheduled to bring No-Confidence Motion in the State Assembly in the ensuing Budget Session commencing 20 Feb 2024.
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.
Amidst the same, Hemant Kumar, an expert into matter and Advocate at Punjab and Haryana High Court said 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 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).
He further 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. Notably the Congress will also seek answers from ruling factions on issues like rising unemployment in the state, irregularities in skill employment corporation, sending youths to the war zone in Israel, giving priority to outsiders in Haryana’s recruitment, recruitment scams and the Agneepath scheme.
