Introduction
A special session of Parliament was held from September 18, 2023 to September 22, 2023. Comprising five sittings, this special session of Parliament was the 13th session of the 17th Lok Sabha and the 261st session of the Rajya Sabha. It denotes the first formal use of the newly inaugurated Parliament building.
Understanding Special Session
A special session of Parliament is an extraordinary meeting that is convened separately from the usual parliamentary sessions held in a year. It is convened in compliance with Article 85(1) of the Constitution, which defines the process by which Parliament is summoned. It authorises the President of the country to summon Parliament for the session, including a special session, if it is considered necessary. The term ‘special session’ sometimes refers to those sessions called by the government for specific occasions, such as celebration of national or parliamentary milestones. In a special session, the presiding officers chair the proceedings, which are limited with no procedural devices such as question hour, zero hour, or private-member business, etc.
There is no fixed calendar for Parliamentary sessions. However, there are three sessions in a year when Parliament meets, which are as follows:
- Budget session (from February to May);
- Monsoon session (from July to August); and
iii. Winter session (from November to December).
Under Article 85 of the Indian Constitution, it is obligatory for Parliament to meet a minimum of two times a year. Besides, it must be ensured that these two sessions of Parliament should take place within a period of six months, i.e., the interval between the sessions should not be more than six months. The Government of India often alters the dates of such sessions so that a number of political and legislative needs can be fulfilled. For example, there has been a delay in sessions owing to state elections. The decision to summon Parliament is taken by the Cabinet Committee on Parliamentary Affairs, formalised by the President of India in whose name MPs are summoned for a session.
Parliament consists of the President and two Houses: the upper House (Rajya Sabha) and the lower House (Lok Sabha). Being a constituent part of Parliament, the President does not participate in the parliamentary debates. However, the President is constitutionally authorised to summon and prorogue Parliament under Article 85 of Indian constitution, i.e., the President can discontinue a session of Parliament or other legislative assemblies without dissolving them.
Why the Need of a Special Session
There is no explicit mention of the term ‘special session’ in the Constitution or in the rulebooks of Parliament. Similarly, there are no specific guidelines on how and when such a session can be summoned. As for Article 352, it deals with the proclamation of Emergency with reference to a ‘special sitting’ of the House. This clause had been added through the 44th Amendment Act, 1978 as a safeguard against the Emergency. (This act provides that any proclamation of Emergency would be in force only for a period of six months and can be continued only by further resolutions passed by Parliament. The proclamation would also cease to be in operation if a resolution disapproving the continuance of the proclamation is passed. Ten per cent or more members of the Lok Sabha can requisition a special meeting to consider a resolution for disapproving the proclamation).
So far, several special sessions have been called, including midnight sessions for some special purpose or agenda of national significance.
Background The tradition of calling the Houses of Parliament finds its root in the Government of India Act, 1935, which provided that not more than 12 months should elapse between two sessions. The draft Article 69, which later came to be known as Article 85, and which had initially been taken up by the Constituent Assembly in 1949, proposed that the intervening period between the two sessions of Parliament be changed to three months from six months so that more and more time could be devoted to addressing the issues of the citizens of India. Another suggestion for Professor K.T. Shah emphasised that Parliament should sit throughout the year with breaks, again considering the importance of a plethora of issues such as policy, voting funds, future growth, etc. A suggestion from H.V. Kamath also advocated for sessions of longer durations like the US and the UK.
However, B.R. Ambedkar did not approve of these suggestions. He highlighted the fact that the legislature is not bound to be summoned only twice a year. He said that if sessions would be so frequent and lengthy, the members of the legislature would probably get tired of the sessions. He opined that issues of taxations demand for grants and other such important factors would play a great part in deciding the frequency of sessions in a year.
Past Special Sessions
Past special sessions can be divided into (i) special sessions with debates or discussions and (ii) the midnight sessions without any debates.
Special sessions with debates In order to pay tribute to Dr B.R. Ambedkar on his 125th birth anniversary, the two-day special session was called in 2015. It was part of year-long celebrations. Theme of discussion was to discuss Indian polity’s commitment to the Constitution. Thereafter, in 1962, a special session was called to discuss the situation of the India-China War.
Midnight special sessions without debates In 2017, a special session was convened to mark the rollout of the Goods and Services Tax (GST). In 1997, a special session was called to mark India’s 50th anniversary (golden jubilee) of independence. In 1992, a special session was called to mark the 50th anniversary of the Quit India Movement. In 1972, a special session was called in order to celebrate 25 years of India’s independence. In 1947, the first session of Parliament was called on the eve of India’s independence to witness the transfer of power from the British authorities to the Indian people. On this occasion, Nehru delivered the ‘tryst with destiny’ speech.
Moreover, there have been certain special sessions held separately in the Lok Sabha and the Rajya Sabha. The Lok Sabha held a special session in 2012 to mark the 60th anniversary of the first sitting of Parliament. In 2008, when opposition parties withdrew support from the then United Progressive Alliance (UPA) government, led by Manmohan Singh, a special session of the Lok Sabha was called for trust vote. In the Rajya Sabha, special sessions were called in 1977 and 1991 when the Lok Sabha was under dissolution to decide on the President’s Rule. The 99th session (the 1977 special session) was for the extension of the President’s Rule in Tamil Nadu and Nagaland.
The 158th session (the 1991 special session) was meant to approve the President’s Rule in Haryana.
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