The private members’ Bill seeking an amendment in the Constitution to disallow Governors from taking up Chancellorship and other non-Constitutional posts introduced in Rajya Sabha by CPI(M) MP John Brittas.
- A similar private members’ Bill aimed at restricting the powers of Governors from interfering in the functioning of the executive was introduced by A.A Rahim.
- Mr. Rahim’s Bill that makes a minister’s continuation in office at the confidence of the Assembly and not at the pleasure of the Governor.
- Both the Bills come in the backdrop of the ongoing power tussle between the Kerala government and Kerala Governor.
What is a Private Members’ Bill?
- About: A Member of Parliament (MP) who isn’t a minister is called a private member. The aim of a private member’s bill is to highlight issues and gaps in the current legal framework that individual MPs believe need legislative action.
- Thus, it represents the opposition party’s stance on public issues.
- However, Members of Parliament of both the ruling party as well as the opposition can introduce a Private Member Bill.
- Drafting: The Private member responsible for drafts it, and its introduction in the House requires a month’s notice.
- Rules: Government bills can be introduced and discussed any day, while private member’s bills are limited to Fridays. The House rejecting a private member’s bill does not affect parliamentary confidence in the government or necessitate its resignation.
- Post Discussion Actions: After the discussion, the member sponsoring the bill can withdraw it at the minister’s request or proceed with its passage.
- The last private member’s bill passed by both Houses was in 1970.
- It was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill of 1968.
- Notable Private Member’s Bills: So far, 14 private member’s bills have become law, including five introduced in the Rajya Sabha. Notable examples include:
- Proceedings of Legislature (Protection of Publication) Bill, 1956 (Lok Sabha)
- Salaries and Allowances of Members of Parliament (Amendment) Bill, 1964 (Lok Sabha)
- Indian Penal Code (Amendment) Bill, 1967 (Rajya Sabha).
| Difference | Private Members’ Bill | Public Bill |
| Introduction | In either house of parliament | In either house of parliament |
| Introduced by | Any member of the parliament other than a minister | Minister |
| Chance of Approval in Parliament | Lesser Chance | Greater Chance |
| Implication of Rejection of the Bill | No effect on the government’s position | Expression of want of parliamentary confidence in the government and may lead to its resignation. |
| Notice Period for Introduction | One month’s notice | Seven Days’ Notice |
| Drafting of the Bill | Member who is introducing it will only draft it | Concerned Department in consultation with the law department |