Question 28 from UPSC CSE 2017 - Polity and
Governance

Question

With reference to the Parliament of India, consider the following statements:
1. A private member's bill is a bill presented by a Member of Parliament who is not elected but only nominated by the President of India.
2. Recently, a private member's bill has been passed in the Parliament of India for the first time in its history.
Which of the statements given above is/are correct?

IASCODEX · Accepted Answer

Correct Option: D. Neither 1 nor 2

Strategy: - Analyze the definition of a 'private member' in Statement 1. The statement is incorrect because it wrongly defines a private member as only a nominated MP, when the term applies to any MP who is not a minister.
- Scrutinize the claim in Statement 2 that a bill was passed 'for the first time in its history'. This is an extreme and factually inaccurate claim, as several such bills have been passed historically.
- Conclude that since both statements are factually incorrect, the correct option is D.

Key Info: **Private Member's Bill**
- **Definition**: A legislative bill introduced in the Parliament by a Member of Parliament (MP) who is not a minister. Such an MP is referred to as a 'Private Member'. A private member can belong to the ruling party, the opposition party, or be an independent member. The term applies to both elected and nominated members who are not part of the Council of Ministers.
- **Contrast with Government Bill**: A bill introduced by a minister is known as a Government Bill or a Public Bill. These bills have the backing of the government and, consequently, a much higher chance of being passed into law. Government bills can be introduced and discussed on any day, whereas private members' bills are allotted specific days (usually alternate Fridays).
- **Procedure**: The admissibility of a private member's bill is decided by the Presiding Officer of the House (Speaker in Lok Sabha, Chairman in Rajya Sabha). The member must give at least one month's notice before the bill can be listed for introduction. The drafting of the bill is the responsibility of the member.

**History of Private Member's Bills in India**
- **Success Rate**: The passage of Private Member's Bills is a rare occurrence in the Indian Parliament. Since independence in 1947, only 14 such bills have successfully become Acts of Parliament.
- **Last Passed Bill**: The last time a private member's bill was passed by both Houses was in 1970. It was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968, which became an Act in 1970.
- **Factual Correction of Statement 2**: The statement that a private member's bill has been passed 'recently' and 'for the first time in its history' is incorrect. Several have been passed, although none since 1970. A notable recent event was the passing of the Rights of Transgender Persons Bill, 2014, in the Rajya Sabha in 2015, but it was not passed by the Lok Sabha and hence did not become an Act.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: Both 1 and 2