The “No Confidence Motion” is an important tool against the Council of Ministers (COM) in the Lok Sabha.
If 51% of the members of the house vote in favour of the “No Confidence Motion”, it is passed and the Government is deemed to have lost the majority and would have to resign from office.
The Government has to prove its majority in the house either by bringing in a vote of confidence or the opposition can ask the Government to prove its majority after it brings a “No Confidence Motion”.
At times, the opposition also brings the “No Confidence Motion” to force the Government to discuss important issues.
A motion of “No Confidence” against the Government can be introduced only in the Lok Sabha under Rule 198.
Procedure to move a No Confidence Motion
The procedure is specified under Rule 198 of the Lok Sabha.
The Constitution of India does not mention either a Confidence or a No Confidence Motion.
But, Article 75 does specify that the Council of Ministers shall be collectively responsible to the Lok Sabha.
A motion of No Confidence can be introduced only in the Lok Sabha and by the opposition. It can be admitted when a minimum of 50 members support the motion in the house.
According to Rule 198(1)(a): Leave to make the motion shall be asked for by the member when called by the Speaker.
According to Rule 198(1)(b): The member asking for such leave would need to give a written notice of the motion to the Secretary-General of the Lok Sabha by 10 AM on the day he/she proposes to move the motion.
If the notice is received after 10 AM, it shall be deemed to have been received on the next day on which the house sits.
Rule 198(2) states that if the Speaker is of the opinion that the motion is in order, he/she shall read the motion to the house, requesting those members who are in favour of it to rise in their places.
If at least 50 members support the motion, the Speaker declares that the leave is granted.
The motion is taken up within 10 days from the date on which the leave is asked for.
According to Rule 198(3), if leave is granted the Speaker may allot a day/part of a day/days for discussion of the motion.
This is done after considering the state of business in the house.
According to Rule 198(4): the Speaker shall put every question necessary to determine the decision of the house on the motion at the appointed hour on the allotted day.
According to Rule 198(5): the Speaker may prescribe a time limit for speeches.
If the motion is passed in the House, the Government is bound to vacate the office
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