New Delhi (ABC Live India): The Upper House of Indian Parliament, the Rajya Sabha witnessed the lowest on September 20, 2020, when the house of elders passed two farmers’ bills by the voice vote amid the ruckus.
The opposition parties alleged that the BJP led Government was in minority in the House, therefore, adopted the voice vote instead of other options available under the Rules of Procedure and Conduct of Business in Rajya Sabha for passing the two controversial bills.
On another side, the Government stated that the Deputy Chairman during ruckus in the well, many time requested members of the opposition to go back to their respective seats for the division of votes.
Source: Rajya Sabha
Know What is Voting and Division?
Matters in a parliamentary democracy are generally decided by voting. In parliamentary parlance, this is called ‘Division’, i.e., dividing the House to decide a matter by majority vote. Every matter requiring the decision of the House is decided by means of a question put by the Chairman on a motion made by a Member.
After the motion has been moved, the Chairman formally proposes or places the motion for consideration of the House. At the end of the debate on the motion, he puts the motion for the decision of the House in the following terms:-The question is: ‘…….’ (In proposing the question, the Chairman here repeats the motion as moved by the member).
Methods of Division in Rajya Sabha
Rules 252 to 254 of the Rules of Procedure and Conduct of Business in Rajya Sabha provide for the different methods of Division in the House. The rules provide for four methods of voting in Rajya Sabha. By two methods the votes are not recorded and through the remaining two the votes are recorded as a permanent record. These methods are described below:
- Voice vote
- Counting
- Division by automatic vote recorder
- Division by going into the Lobbies
Voice vote
Rule 252 provides for the first two methods. On the conclusion of a debate, the Chairman puts the question before the House and invites those who are in favor of the motion to say “Aye” and those against the motion to say “No”.
Then the Chairman says: “I think the Ayes or the Noes, (as the case may be) have it”. If the opinion of the Chairman as to the decision is not challenged he says twice: “The Ayes or the Noes, (as the case may be) have it” and the question before the House is determined accordingly.
This method is called voting by ‘voice vote’ and votes are not recorded. When a question is decided by this method, the Chairman does not announce the numbers of “Ayes” and “Noes”.
Voting by Division by Count
If the opinion of the Chairman as to the decision of a question is challenged, he may, if he thinks fit ask the members who are for “Aye” and those for “No” respectively to rise in their places and, on a count being taken, he may declare the determination of the House. In this case, also, the names of the voters are also not recorded.
Further Rules 253 provides the method of division by operating an automatic vote recorder, wherein votes are counted through a machine while pressing buttons from the allotted seats to all Members of Parliament.
Rules 254 provides the voting method by going into Lobbies, wherein all members in favor of the bill/resolution have to go to the Right Side of the Lobby (AYES), and all those members who want to oppose(NOES) have to go into the left lobby voting result declared after recording the numbers in each Lobby.
This Method of Voting in Rajya Sabha was the first time adopted in 1981 while the passage of on 17-18 September, in connection with a 14-clauses Bill (The Essential Services Maintenance Bill, 1981).
Pros and Cons of Voice Vote
The voice vote is considered the simplest and quickest of voting methods used by deliberative assemblies, whereas the inherent disadvantages of a voice vote are that this method of voting is only used there is expected large difference in the votes and in case of close contests.
The volume of the voices are typically only estimated and not actually measured with sound level meters, giving a chair enough plausible deniability to falsify the result if they disagree with it; even if such a vote can be objectively quantified in terms of decibels, the method gives an unfair advantage to those who have louder voices.
Global Experiences of Voice Vote
Methods of voice voting were employed in ancient Greece as early as the seventh century BC. The election of the members of the Gerousia, Sparta’s Council of Elders, was conducted by shouting. From the assembly, few persons were selected and locked up in a room close to the election, so that they could only hear the noise of the audience, but not see the candidate put to vote. The candidates were then presented to the assembly one after another without speaking a word. The favor of the assembly towards one candidate was assessed by the selected persons who established a ranking of all candidates with respect to the loudness of the assembly. Those candidates who have received the most and loudest acclamations were eventually elected.
United States
In The United States, Robert’s Rules of Order Newly Revised (11th edition) provides a vote by voice on any motion that does not require more than a majority vote for its adoption. In Congress, “the vast majority of actions decided by a voice vote” are ones for which “a strong or even overwhelming majority favors one side,” or even unanimous consent. This is because after the chair announces what he believes to be the result of a voice vote, any member can request a division of the assembly (a rising vote, where each side rise in turn to be counted), and one-fifth of members can demand a recorded vote on any question.
United Kingdom
In the United Kingdom, a voice vote is held to decide if a bill can progress through to the next stage and if the result is at all in doubt then division method voting is adopted.
In Canada Members of Parliament vote by saying “yea or nay” and the Speaker judges the mood of the House. If five or more members demand a recorded vote, one must be held.
In Australia Members of Parliament vote by saying “aye” or “no”, and the Speaker of the House (or President of the Senate) judges the result. If two or more members demand a recorded vote, one must be held.
New Zealand
In New Zealand members used voice vote by saying “aye” or “no”, and Members of the losing side (or abstainers) are entitled to demand a formal test of opinion.
Conclusions
In a democracy, the voice of the majority is a thumb rule; deviation from this rule is certainly to against the concept of the democratic world.
The Provisions of Voting by the Voice Vote were adopted in parliamentary procedures to reduce the uncalled procedure delay in legislative works in the routine legislative works, where a simple majority is required, or there is expected huge difference in votes and resulted will be on expected lines.
The Voting by the Voice Vote should be avoided by the legislative bodies on contentious and low margin cases, as ambiguities in the working of legislative bodies are detrimental to the concept of a democratic state and Rule of Law.
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