Notes on Parliamentary Procedure - Page 727

706 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

II. Legislatures have no authority to make rules and standing orders.—

The Dominions have it.

In India the matter is governed by Section 129A.

Governor General in Council to make rules and Standing Orders.

Difference between Standing Orders and Rules

  1. Rules are not subject to alteration or repeal by the Indian Legislature, Local or Central.

  2. Subject to certain conditions Standing Orders may be amended.

Different purposes of Rules and Standing Orders

Two Questions:

  1. What matters a Legislature can discuss and what is within its competence and what is not ?

  2. Assuming any particular matter is within its competence, How is that matter to be discussed ? How is it to be brought to an issue ? In what order are members to speak ? Has anybody priority in speaking ? How are votes recorded ? How are they counted ? How are they valued.

The first Question is settled by the Rules of Business. The second is settled by the standing orders. To use the language of the Act:

Rules of Business Regulate the Course of business.

Standing Orders regulate the Conduct of business.

Rules of Business and Freedom of Action

Do the Rules of Business give the Legislators the necessary freedom to discharge their functions ?

Period of Notice.

(a) The President may disallow a question if it does relate to a matter which is not primarily the concern of the Local Government.