INTRODUCTION
The Indian Parliament is a place where policies are made that govern a nation. In a democratic setup such as India, the Parliament consists of the Legislature and the Executive in the form of a Council of Ministers and a Prime Minister. The Parliament itself is divided into two houses – the Upper House known as the Council of States or the Rajya Sabha and the Lower House known as the House of the People or the Lok Sabha. The Head of the Government, which is the Prime Minister in India is a part of the Lok Sabha where most of the policies are introduced. Giving true meaning to the word ‘Power to the People’, the Lower House enjoys wider powers as compared to the Rajya Sabha. All decisions in the House are posed as motions, which are put to vote in the House. These motions are divided into various types such as Privilege Motion, Censure Motion, Call-Attention Motion, Adjournment Motion, No-Day-Yet-Named Motion, No-Confidence Motion, Confidence Motion. In this article, we are going to look at the Cut-Motion, which is used to present cuts in the Union Budget after it has been discussed in the Lok Sabha.
WHAT IS A CUT MOTION?
The Cut Motion is a Parliamentary Motion presented in the Lok Sabha after the Union Budget is discussed and presented. Members of Parliament (MPs) have an opportunity to move to cut motions to reduce the demand of funds presented by the Finance Minister or a Minister having the specific portfolio for that allocation; for example, the Defence Minister. Generally, a notice is given for cut-motions for reduction of voteable heads of expenditure of the demand of grants immediately after the Finance Minister or the Minister of the concerned ministry has presented the budget in the house. Every cut motion signifies a disapproval towards some aspect of the presented budget of the Parliament.
There are three ways in which a cut motion may be presented:
- Disapproval of Policy Cut: Under this kind of cut motion, the members presenting seek to reduce the amount of the demand to Re. 1[1]. This clearly indicates disapproval of the policy underlying the demand.A member who gives notice of such a motion shall include the specifics of the policy that the member wants to address in specific terms. The debate shall be confined to the specific point or points specified in the notice and the advocacy of an alternative policy shall be available to Members.
- Economy Cut: In this cut motion, the members seek the reduction of the demand presented in the Budget to a specific amount. It should be reduced to an amount less than the one presented. It can also be construed to mean that an alteration in the demand for grants should be made. Such defined amount may be either a lump-sum reduction in demand, or an omission or reduction in demand for a part of the same[2]
- Token Cut: Under this cut motion, the amount of the demand is reduced by a token amount of Rs. 100 to ventilate a specific grievance[3]. This is well within the powers of the Government of India and is usually of a symbolic value. If presented, it is a matter of humiliation for the Government or the Ministry presenting the demand.
It must be noted that this is a veto power given to the members of the Lok Sabha only. This power is not only given to the Members of the Parliament but also to the Members of the State Legislative Assemblies (MLAs). Rule 210 of the Lok Sabha Rules also provides for the guidelines which are to be followed while presenting a notice for a cut-motion.These include not making suggestions for amending and repealing of existing laws[4]. A cut motion may also not relate to the expenditure charged on the Consolidated Fund of India[5], along with that, there is an express bar on these motions concerning proceedings that are underway in a court of law[6] or in a tribunal[7].However, the ultimate discretion is on the Speaker whether a cut motion can be raised or not.
EFFECTS OF A CUT MOTION
In the recent events that have occurred in the Lok Sabha elections of 2014 and 2019, the Indian political scenario has changed with majority National Democratic Alliance (NDA) coming to power with majority seats. Cut-motions are often presented as a way to curb budget demands by the opposition parties, but are mostly defeated with the number and the sheer strength of the ruling party or the coalition. Even though these cut motions are applied and notified in large numbers, very few of them actually get presented in the Parliament or the State Legislative Assemblies. An example can be taken of the Maharashtra State Legislative Assembly where from 1975 to 1980, over 4800 cut motion notices were served but only 4 (two against Home Department and one each against the Department of Industry and Department of Health) were practically moved and none was carried[8]. In 2018, cut motions against 57 demands put forth by respective Ministries in the Lok Sabha were set aside and negated by the Speaker[9].
We can thus observe that these Cut Motions, although playing an important role in Indian Politics are always at the mercy of the Speaker of the House. This is particularly evident in the newer Governments where budgets have been passed with hundreds of Cut Motions being set aside and a few allowed. It must be noted that Cut Motions further the spirit of Democracy by bringing about deliberations in the discussions and implementations of Union and State Budgets ensure greater representation of the people and more accountability of the Executive towards the Legislative bodies.
However, a dismissed notice for a cut-motion can be useful as well. By providing cut motion notices, the legislators may get proper answers from the concerned Ministers on the issues posed by the cut motions. A cut-motion also has the power to transform itself into a no-confidence motion if it gathers enough majority in the House. Cut motions can also play a role in curbing corruption by the Executive and is also capable of preventing many scams that may otherwise arise in case such demands go unchecked.
GUILLOTINING OF DEMANDS
During the Budget Session of a Parliament, there are several Demands for Grants that are put forward by various Ministries to carry forward their schemes and plans. This, in turn, makes it very difficult to discuss each and every demand on the floor of the Parliament. Therefore, on the last day allocated for the discussion on the Demand for Grants, after notification of such a time in advance, the Speaker shall put all the remaining Demands to the Vote of the House[10]. This is called Guillotine of Demands. All these Demands go on vote one after the other in an allotted time (according to Rule 208, after 17.00 hours or any such hour as the speaker may fix). Once the guillotine is invoked, every outstanding Demand for Grants must be voted by the House without discussions. In case of demands that have not been addressed in the Lok Sabha and which should be guillotined and at the time of the guillotine, the Minister of the concerned Ministry should be present so that they can answer any questions that the members may pose[11].
CONCLUSION
In a democracy like India, debate and deliberation is one of the key aspects of policymaking. The Union Budget not only represents the policies that the Government wants to introduce for that particular year but also reflects the hopes and aspirations of the people, expressed through their elected representatives. Therefore, it is necessary that the policies and the programmes that represent India be made with diligence and deliberation so that no flaw hampers its implementation and execution. Cut Motions play a major role in regulation of the policies for which a Demand for Grants is put forth by the Government in the Budget Session to express their dissent in an organised manner over the various aspects of the Annual Financial Statement with scrutiny over the same. It is a power that must be exercised with restraint for the smooth functioning of Budget-making process as a whole.
By-
Shivam Mulik
[1]Lok Sabha Rules 2018, Rule 209(a)
[2]Lok Sabha Rules 2018, Rule 209(b)
[3]Lok Sabha Rules 2018, Rule 209(c)
[4]Lok Sabha Rules 2018, Rule 210(v)
[5]Lok Sabha Rules 2018, Rule 210(vii)
[6]Lok Sabha Rules 2018, Rule 210(viii)
[7]Lok Sabha Rules 2018, Rule 210(xiii)
[8]Ch.13, Conclusion,Page 546, available athttps://shodhganga.inflibnet.ac.in/bitstream/10603/149818/20/18_chapter%2013.pdf
[9]Sixteenth Lok Sabha Debates, 12th March 2018, available at https://eparlib.nic.in/bitstream/123456789/782266/1/13109.pdf#search=Cut%20Motion
[10]Lok Sabha Rules 2018, Rule 208(2)
[11]Manual of Parliamentary Procedures in the Government of India, Ch.7 pg. 41 at 7.1.7, Ministry of Parliamentary Affairs, (2018)
Previous post: https://desikanoon.in/netflixs-new-horror-series-lands-up-in-copyright-strife-what-is-it/