Previous Year Question
Consider the following statements regarding a No-Confidence Motion in India:
There is no mention of a No-Confidence Motion in the Constitution of India.
A Motion of No-Confidence can be introduced in the Lok Sabha only.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: C
Detailed Solution
Statement 1 is correct. The expression ‘No-Confidence Motion’ is not expressly mentioned in the Constitution. Its constitutional foundation lies in the principle of collective responsibility contained in Article 75(3), under which the Council of Ministers is collectively responsible to the Lok Sabha.
Statement 2 is correct. A No-Confidence Motion can be introduced only in the Lok Sabha because the Union Council of Ministers is collectively responsible to the Lok Sabha, not to the Rajya Sabha.
Procedure for a No-Confidence Motion
The procedure is prescribed under Rule 198 of the Rules of Procedure and Conduct of Business in the Lok Sabha.
Any member of the Lok Sabha may seek leave to introduce a No-Confidence Motion.
The member is not required to specify charges or give reasons for the lack of confidence.
After the Speaker reads the motion to the House, at least 50 members must support the request for leave.
If the required support is available, the Speaker appoints a day for discussion.
Under Rule 198, the motion must be taken up for consideration within ten days after leave is granted.
It is decided by a simple majority of the members present and voting.
Effect of its passage
A No-Confidence Motion is directed against the Council of Ministers as a whole and not against an individual Minister. If it is passed, the Council of Ministers is considered to have lost the confidence of the Lok Sabha. Owing to collective responsibility, the entire Council of Ministers, including the Prime Minister, must resign.
No-confidence motion and censure motion
A No-Confidence Motion need not state specific reasons; a Censure Motion specifies the particular policy or action being criticised.
A No-Confidence Motion is moved against the entire Council of Ministers; a Censure Motion may be directed against an individual Minister, a group of Ministers or the entire Council.
Passage of a No-Confidence Motion makes the continuation of the Government in office untenable.
The Rajya Sabha may debate or criticise government policies, but it cannot remove the Council of Ministers through a No-Confidence Motion.