Form and presentation of petition
A petition requires to be drawn up in a prescribed form set out in the First Schedule to the Rules of Procedure and Conduct of Business in Rajya Sabha and may be used with such variation as the circumstances of each case require and when it is so used it is considered sufficient and should be formally addressed to Rajya Sabha. The petition should contain a concise statement of grievance(s) and should conclude with a prayer regarding the definite object in regard to the matter to which the petition relates. The petition should contain the name and designation or description of the petitioner in concise form with his full address and signature or thumb impression. Where the petition is from more than one person, it should contain the names and addresses of all those persons and should be authenticated by all of them, if literate by their signatures, and if illiterate by their thumb impressions.
A petition should be couched in respectful and temperate language. Letters, affidavits or other documents are not to be attached to a petition. In other words, the petition must be self-explanatory. It may be given either in Hindi or English. If, however, any petition is given in any other language, it should be accompanied by a translation either in Hindi or English and signed by the petitioner.
Every petition shall, if it is to be presentated by a member,be countersigned by him. Petitions suggesting remission or abolition of existing taxes or imposition of fresh taxes or withdrawal of money from the Consolidated Fund of India towards expenditure by Government, etc. are not admissible. Petitions suggesting amendment of the Constitution are also not admissible because an amendment to the Constitution can only be initiated by introduction of a Bill for the purpose in the House.
Presentation of petition to the House
A member who desires to present a petition to the House, has to give advance notice thereof to the Secretary-General, Rajya Sabha. After receipt of the petition, it is examined by the Secretariat to determine its admissibility according to the Rules. If the Chairman of Rajya Sabha admits the petition, the member concerned is permitted to present the petition on a date convenient to him and the necessary entry is made in the list of business of the day for the presentation of the petition. The presentation of petition is done immediately after papers are laid on the Table.
The Rules of Procedure also permit the reporting of the petitions received in the office by the Secretary-General to the House. Prior to 1964, when petitions could be presented only on Bills or other matters pending before the House, the Secretary-General used to receive petitions on pending Bills from individuals and bodies,and report them to the House. These provisions still continue to exist. In actual practice, however, only those petitions which are countersigned by a Member of Rajya Sabha are presented to the House and rest of the petitions as are found in conformity with the rules are reported by the Secretary-General to the House. No discussion or debate is permitted at the time of presentation of the petition. After presentation by a member or reported by the Secretary-General as the case may be, every petition stands automatically referred to the Committee on Petitions.
The right to petition Parliament in a democracy is of a great antiquity and of immense importance for safeguarding the rights of the citizens. The Rules of the Rajya Sabha permit all citizens of the country to petition the Rajya Sabha in respect of the following: –
Any Bill which has been introduced or is pending in the Rajya Sabha.
Any matter of general public interest relating to Government of India
(excepting matters which are sub judice or for which remedy is available under Laws, Rules, Regulations or Bye-laws made by or under the authority of the Central Government).
Petitions may be submitted in the format given below in English or
Hindi, signed by the Petitioner:-
THE COUNCIL OF STATES (RAJYA SABHA)
petition of ……………………………………………………………………..(Here insert name and designation or
description of petitioner(s) in concise form, e.g……………………………”A, B, and other”
or “the inhabitants of ………………..”Or “the Municipality of ……………………………………….”
(HERE INSERT CONCISE
STATEMENT OF CASE)
and accordingly your petitioner
(s) pray that ………………………………………
(Here insert “that the Bill be or be not proceeded with” or “that special provision be made in the Bill to meet the case of your petitioner (s) or any other appropriate prayer regarding the Bill or matter pending before the Council or a matter of general public interest”).
|Name of Petitioner||Address||Signature or thumb impression|
Counter-Signature of Member presenting
The Petition addressed to the Council of States (Rajya Sabha) may either be forwarded to the Secretary-General, Rajya Sabha, Parliament House, New Delhi or may be got countersigned by a Member of Parliament (Rajya Sabha) who may then present it before the Rajya Sabha on the Petitioner’s behalf.
The Committee on Petitions will examine
every petition referred to it. The recommendations of the Committee on the Petition will be presented in the form of a Report to the Rajya Sabha whereafter the recommendations will receive the consideration of the appropriate Ministry of the Government of India. This process will be monitored by the Committee on Petitions.