No confidence motion

  • A no-confidence motion is a parliamentary motion which is moved in the Lok Sabha against the entire council of ministers, stating that they are no longer deemed fit to hold positions of responsibility due to their inadequacy in some respect or their failure to carry out their obligations. No prior reason needs to be stated for its adoption in the Lok Sabha.
  • At least 50 MPs would need to stand up and support the move. If there are 50 MPs in favour, the motion is admitted and the speaker allots a date for discussion on the motion. The prime minister or ministers reply to the charges made. The mover has the right to reply. After the debate, the speaker puts question to the house and ascertains the decision of the house by voice vote or a division.
  • A Motion of No-confidence need not set out any grounds on which it is based.  Even when grounds are mentioned in the notice and read out in the House, they do not form part of the no-confidence Motion.
  • The government is expected to resign if it loses a trust vote. In case its refuses to do so, the President has the power to remove the prime minister. In the history of Indian Parliament, no Prime Minister has been forcibly removed so far.  After a government loses a trust vote and resigns, it continues to function, but as a caretaker government with almost the same powers as it had before the voting.
  • However, a caretaker government wouldn’t have the power to take any major policy decisions since Parliament remains dissolved. A new government gets elected after the general elections.
  • The Rajya Sabha does not have a procedure for moving of an adjournment motion, censure motion or no-confidence motion against the Government.
  • Rule 198 of the Rules of Procedure and Conduct of Business in Lok Sabha lays down the procedure for moving a Motion of No-Confidence in the Council of Ministers.
  • There is no mention of a no-confidence motion in the constitution.

Source:TH & Laxmikanth

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