India-China border row: Rule 267 of the Rajya Sabha is in focus. What is it?

The Rulebook is usually not of interest to observers of India’s Parliamentary politics. But in this winter session of Parliament, Rule 267 of the Upper House has gained traction among lawmakers and observers.

What is Rule 267?

The Rule gives special power to a Rajya Sabha member to suspend the pre-decided agenda of the House, with the approval of the Chairman. The Rajya Sabha Rule Book says, “Any member, may, with the consent of the Chairman, move that any rule may be suspended in its application to a motion related to the business listed before the Council of that day and if the motion is carried, the rule in question shall be suspended for the time being: provided further that this rule shall not apply where specific provision already exists for suspension of a rule under a particular chapter of the Rules”.

Why this rule has become important?

In the Upper House, the Opposition members have been consistent in demanding a debate on the India-China border situation. There have been hundreds of notices by Members to invoke Rule 267 in the past eight years. After the latest clash between the two sides in Arunachal Pradesh’s Tawang, the Opposition members have become more vocal with their demand.

Every day, Opposition leaders are demanding that the Chair suspends all other business and allow a discussion on the latest situation in India-China border by applying Rule 267.

Is Rule 267 the only way to raise important issues in the House?

In Parliament, a member has a number of ways to flag issues and seek the government’s reply. An MP can ask questions related to any issue during the Question Hour in which the concerned minister has to provide oral or written answers. An MP can raise the issue during Zero Hour. Every day, 15 MPs are allowed to raise issues of their choice in the Zero Hour. An MP can even raise it during Special Mention. A Chairman can allow up to 7 Special Mentions daily. Otherwise, the MP can try to bring the issue to the government’s notice during other discussions such as the debate on the President’s speech. Opposition leaders have also used the Budget debate to attack the government politically.

Then, why the Opposition is insisting on Rule 267?

Any discussion under Rule 267 assumes great significance in Parliament simply because all other business would be put on hold to discuss the issue of national importance. No other form of discussion entails suspension of other business. If an issue is admitted under Rule 267, it signifies it’s the most important national issue of the day. Also, the government will have to respond to the matter by replying during the discussions under Rule 267.

What is the current controversy over Rule 267?

Opposition members have alleged that the Rajya Sabha chairman has consistently refused to allow any discussion under Rule 267 for a long time. On Monday, Rajya Sabha chairman Jagdeep Dhankhar maintained that “It is a painful duty for me that not only the rule is outraged, no attention whatsoever has been laid on the rule. The notices are drawn in a manner as if the rule doesn’t exist.” While Dhankhar has not allowed any matter under Rule 267, his predecessor M Venkaiah Naidu too didn’t allow any admission under Rule 267 during his entire five years.

Has the Rule been used even once?

Several times; the Chair had agreed to suspension the business to discuss urgent national issues in the past. The last time it was used was November 2016, when the Upper House invoked Rule 267 to discuss demonetisation.