Why in News?
Recently, both Lok Sabha and Rajya Sabha were adjourned sine die during the Winter Session 2024 amid protests and political controversies. This is a constitutional function in the Indian Constitution.
Introduction to Adjournment Sine Die:
Adjournment Sine Die is a vital procedural tool in parliamentary systems. It marks the conclusion of a session without assigning a specific date for its resumption. Its usage reflects the flexibility and adaptability of the legislative framework.
- “Adjournment Sine Die” is a Latin term meaning “without assigning a day.” It signifies the suspension of a session indefinitely, leaving no scheduled return date.
- This mechanism allows the legislature to halt its proceedings when there are no immediate plans for further discussion or when disruptions prevent constructive debates.
- The term originated in ancient Roman legal traditions, where it was used to defer cases indefinitely.
- Over time, it was adopted in parliamentary practices worldwide, including India, to manage legislative operations effectively.
Role in Parliamentary Proceedings:
Adjournment Sine Die is a procedural tool that plays a critical role in the smooth functioning of the Indian parliamentary system. Its use is determined by a variety of factors, ranging from the completion of legislative business to unforeseen disruptions in parliamentary proceedings.
- When all scheduled items in the agenda, such as bills, discussions, and motions, have been deliberated and resolved, the session is adjourned sine die. It signals the formal conclusion of the legislative work for that session.
- If a session faces persistent disruptions, such as protests or unruly behavior by members, leading to an inability to conduct meaningful discussions, the presiding officer may adjourn the house sine die.
- Adjournment sine die allows the executive branch to focus on governance and policy implementation, especially when legislative input is not immediately required. It provides the government time to prepare for the next session.
- In the case of unforeseen circumstances such as national emergencies, natural disasters, or health crises, the session may be adjourned sine die to prioritize other responsibilities.
- Continuous legislative work may lead to member fatigue and inefficiency. Adjournment sine die offers a break, enabling members to return refreshed for future sessions.
- The Speaker of the Lok Sabha or the Chairperson of the Rajya Sabha has the discretion to adjourn the house sine die if they determine that no meaningful progress can be achieved.
Procedure for Adjournment Sine Die in the Lok Sabha and Rajya Sabha
The procedure for Adjournment Sine Die in the Indian Parliament is a formal process that concludes the legislative session, either when all business is completed or when there are disruptions that prevent further functioning. The process is similar for both Lok Sabha (the lower house) and Rajya Sabha (the upper house) with minor procedural differences.
- The Speaker in the Lok Sabha and the Chairperson in the Rajya Sabha have the exclusive authority to adjourn the House sine die. This decision is based on the completion of the scheduled business or other situational requirements.
- The presiding officer declares the adjournment without specifying a date for the House to reconvene. The announcement may follow consultations with parliamentary leaders and after ensuring all formalities of the session are completed.
- In an adjournment sine die, the House is adjourned indefinitely. The President of India, upon advice from the Council of Ministers, will later issue a summons to reconvene the Parliament.
- The assembly can reconvene if the rules of procedure and conduct of business allow it.
Impact on Legislative Business:
Adjournment sine die has significant consequences on the functioning of Parliament, influencing the progress of bills, discussions, and the work of committees.
- Suspension of Pending Bills
- All pending bills, including those under debate or awaiting approval, are paused indefinitely.
- The unfinished legislative business is put on hold until the next session of Parliament convenes. This delay can disrupt the timely passage of critical laws.
- Disruption of Discussions and Debates
- Ongoing discussions and debates are interrupted, potentially leaving critical national issues unresolved.
- Important matters such as discussions on government policies or national crises remain unaddressed until the next session, which could affect public opinion or governance.
- Impact on Committee Work
- Parliamentary committees that are engaged in reviewing bills, policies, or other matters are also affected.
- With no formal sittings during the adjournment period, committees may face delays in reporting, leading to backlogs and a slowdown in their overall progress.
Constitutional Provisions and Rules:
In the context of the Indian Parliament, the adjournment sine die is governed by several constitutional provisions and rules of procedure. These provisions ensure that the adjournment process aligns with the functioning of the legislature.
- Article 85 grants the President of India the power to prorogue or dissolve the Parliament. This article allows the President to adjourn or prorogue both Houses of Parliament at any time.
- Rule 53 of the Lok Sabha Rules gives the Speaker the authority to adjourn the House. It outlines the procedure for adjournment and highlights the Speaker’s responsibility to announce when the session ends and when the House will reconvene.
- Rule 256 of the Rajya Sabha Rules specifies that the Chairperson has the authority to adjourn the Rajya Sabha sine die.
- Article 86 authorizes the President to summon Parliament and specify the dates on which it shall meet.
Adjournment Sine Die vs. Other Adjournments:
- Adjournment Sine Die refers to the indefinite suspension of proceedings without setting a reconvening date, whereas adjournment is the temporary suspension of proceedings for a specified period.
- Adjournment typically lasts for a short-term period such as hours or days, while adjournment sine die marks the end of a session and can last until the next session is scheduled.
- The authority to declare adjournment can be exercised by the presiding officer or through a vote in the house, whereas adjournment sine die is usually declared by the leader of the house or the presiding officer.
- Examples of adjournment include daily breaks or breaks for lunch or holidays, while adjournment sine die commonly happens at the end of sessions like the budget or monsoon sessions.
Challenges of Adjournment Sine Die:
- Disruption of Legislative Agenda: Adjournment sine die can disrupt the legislative process by halting all pending bills, motions, and discussions. This often leads to delays and requires strategic rescheduling of legislative priorities.
- Lack of Accountability: With no fixed date for reconvening, adjournment sine die may delay important discussions and decisions, leading to a lack of accountability in government processes, especially on urgent issues.
- Political Manipulation: The timing of adjournment sine die can be politicized. Opposition parties may argue that adjournments are strategically timed to avoid debates on contentious issues, undermining the transparency of the legislative process.
- Impact on Public Confidence: Frequent or abrupt adjournments sine die can erode public trust in the legislative body’s ability to address issues efficiently.
Conclusion:
Adjournment sine die plays a crucial role in the functioning of Indian polity by marking the end of a parliamentary session. This provide a structured break for lawmakers to review, reflect, and prepare for future discussions. While it ensures a formal conclusion to legislative business, its indefinite nature can sometimes lead to delays and disrupt the legislative agenda. Despite its challenges, it remains an essential procedural tool to balance the need for legislative rest with the continuous demands of governance.
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