What is the provision of ‘secret sitting’ in Lok Sabha? Was proposed by MPs during 1962 India-China war-OxBig News Network

The ‘secret sitting’ provision in the House of Lok Sabha allows the government to discuss sensitive issues. However, this provision has not been used so far.  The presence of House members or any other person during a secret session is allowed only when it is duly authorised by the Speaker of the House. During the 1962 Sino-Indian war, MPs suggested conducting a secret session but the then Prime Minister Jawahar Lal Nehru refused saying the public must know the proceedings of the house. 

The practise of holding secret sessions of parliament and legislature is a concept adopted by India from the UK. The British Parliament introduced the secret sitting of the House of Commons in the year 1916

Jawaharlal Nehru rejected the idea of holding a secret sitting 

According to a constitutional expert, during the 1962 India-China war, some opposition MPs proposed a secret sitting of the House to discuss the issue. But the then prime minister Jawaharlal Nehru did not agree to it. Constitutional expert and former Lok Sabha secretary general P D T Achari said there has been “no occasion” to hold a secret sitting of the House. 

He said during the China-India conflict in 1962, some opposition members had proposed a secret sitting to discuss the sensitive issues. But Nehru did not agree, saying the public should know.

Leader of the House can request for a secret sitting

The provisions relating to the secret sitting of Parliament are given in Rules 248–252 of Chapter XXV of the Rules of Procedure and Conduct of Business in the Lok Sabha. Chapter 25 of the ‘Rules of Procedure and Conduct of Business in Lok Sabha’ has enabling provisions to hold secret sittings at the request of the Leader of the House.

According to Rule 248, subclause one, on a request made by the Leader of the House, the speaker will fix a day or a part of it for sitting of the House in secret.

Subclause 2 says that when the House sits in secret no stranger will be permitted to be present in the chamber, lobby or the galleries. But there are some who will be allowed during such sittings.

No one can keep a note of the proceedings

One of the rules of LS’ secret sitting is that the speaker may direct that a report of the proceedings of a secret sitting be issued in such manner as the chair thinks fit. “But no other person present shall keep a note or record of any proceedings or decisions of a secret sitting, whether in part or full, or issue any report of, or purport to describe such proceedings,” the rule reads. 

What happens when a motion is passed 

When it is considered that the necessity for maintaining secrecy in regard to the proceedings of a secret sitting  is no longer needed, then with the consent of the speaker, the Leader of the House or any authorised member can move a motion that the proceedings during a such a sitting be no longer treated as secret.

If the motion is passed, the secretary general will prepare a report of the proceedings of the secret sitting, and publish it at the earliest. Rules also state that disclosure of proceedings or decisions of a secret proceeding or sitting by any person in any manner will be treated as a “gross breach of privilege of the House”.

(PTI inputs)