‘Legislatures must embrace information technology as mode of communication’

The 55th conference of secretaries of Legislative Bodies took place under the chairmanship of Lok Sabha Secretary General Anoop Mishra and Rajya Sabha Secretary General Shumsher K Sherif.

In all, six issues were proposed during the day-long conference. The issue of use information technology was raised by Telangana. “There was a consensus that use of information technology as mode of communication is a normal movement that legislatures have undertake,” said Secretary General Anoop Mishra. Shumsher K Sherif said that in Rajya Sabha, it is compulsory to have at least one computer literate staff in each office and e-readers for every member.

The issue of “whether ratification of a constitution Amendment Bill under Article 368 by state legislatures may include a proposal for amendments” was raised by UP. “Article 368 gives constituent right to the Parliament to amend the Constitution. Thus, there was a consensus that no amendment can be proposed by the state legislatures, when they are asked to rectify the amendment,” said Anoop Mishra.

This issue became significant in the backdrop of the fact that the UP Assembly, in November 2014, had ratified the National Judicial Appointments Commission Bill-2014 with an amendment that state chief minister, leader of the Opposition in the Assembly and Chief Justice of high court should be included in the Commission to select HC judges.

However, as per the consensus reached, ratification of a Constitution amendment bill under Article 368 means state legislatures either saying “yes” or “no” to the amendment bill cleared by Lok Sabha. Thus, any “yes” with a rider or proposed amendments would mean “no”.

“Central government normally interacts with the states before bringing an amendment. While states legislatures can send their resolutions, there is no question of proposing amendment during ratification, which is just a procedure,” Sherif said.

The question on privileges was raised by Karnataka. It was agreed that breach of privilege basically deals with business of the House and should not be confused with protocol. “Privilege and protocol are two different things and should be addressed in the respective manner,” said Mishra.

Sherif added:” There is a basic difference between privilege and protocol. One cannot prevent a member in the discharge of his functions.” He added that if a member is stopped anywhere, it will come under protocol and be considered breach only when he is stopped on his way to Parliament, Assembly or council.

On Saturday, Lok Sabha Speaker Sumitra Mahajan will chair a conference of speakers and deputy speakers of Legislative bodies at the UP Vidhan Sabha.