Parliament 

Introduction

Parliament as the Legislative Organ: The Parliament of India is central to the democratic structure and follows the parliamentary model (Westminster system). It includes three parts: the President, the Rajya Sabha (Council of States), and the Lok Sabha (House of the People).

Constitutional Basis:
  • Articles 79 to 122 (Part V) of the Indian Constitution define the organization, composition, procedures, and powers of the Parliament.
Organisation of Parliament:
  • Rajya Sabha (Upper House): Represents the states and union territories. Maximum strength is 250, with 238 members elected indirectly, and 12 nominated by the President.
  • Lok Sabha (Lower House): Represents the people of India. Maximum strength is 550, with 530 directly elected members from states, 20 from union territories.
President’s Role:
  • The President, though not a member of either house, plays a crucial role in summoning, proroguing, and addressing Parliament, and giving assent to bills passed by both Houses.
Composition of the Two Houses:
1. Rajya Sabha:
  • State Representation: Elected by state legislative assemblies through proportional representation (single transferable vote).
  • Union Territories: Elected indirectly by members of an electoral college.
  • Nominated Members: 12 members nominated by the President with expertise in art, science, literature, and social service.
2. Lok Sabha:
  • State Representation: Directly elected by the people based on universal adult franchise (age 18+).
  • Union Territories: Members elected by direct election under the Union Territories (Direct Election to the House of the People) Act, 1965.
  • Nominated Members: 2 members from the Anglo-Indian community (extended until 2020 by the 95th Amendment Act).
Election System:
  • Rajya Sabha: Proportional representation (single transferable vote).
  • Lok Sabha: First-past-the-post system, where each state is divided into constituencies, and representatives are directly elected from them.
Duration of the Houses:
  • Rajya Sabha: A continuing chamber, with one-third of its members retiring every two years.
  • Lok Sabha: Its normal term is 5 years but can be dissolved earlier by the President. It can be extended during national emergencies.
Membership:
Qualifications for Membership:
  • Age: Minimum 30 years for Rajya Sabha, 25 years for Lok Sabha.
  • Citizenship: Must be a citizen of India.
  • Oath: Must take an oath of allegiance to the Constitution of India.
Disqualifications:
  • Office of Profit: Cannot hold any office of profit under the Union or State government (except as a minister).
  • Mental Health: Must not be of unsound mind.
  • Bankruptcy: Cannot be an undischarged insolvent.
  • Criminal Record: Cannot have been convicted for an offense resulting in imprisonment for two years or more.
Grounds for Vacating Seats:
  • Double Membership: A member cannot be in both Houses at the same time.
  • Disqualification: If a member becomes subject to disqualification (e.g., defection).
  • Resignation: A member may resign, and the seat will fall vacant upon acceptance.
  • Absence: If absent for more than 60 days without permission.
Defection Law (Tenth Schedule):
  • A member can be disqualified if they defect from their political party or act contrary to party instructions.
Oath or Affirmation:
  • A member must take an oath to bear true faith and allegiance to the Constitution, uphold India’s sovereignty, and faithfully discharge their duties. Without the oath, a member cannot vote or participate in the House’s proceedings.
Salaries and Allowances:
  • Members of Parliament: Receive a salary, constituency allowance, office expenses, daily allowance (₹2,000 since 2010), and pension after serving a 5-year term. They also enjoy benefits like traveling facilities, free accommodation, medical facilities, and more.
  • Speaker/Chairman Salaries: The salaries of presiding officers like the Speaker and Deputy Speaker of the Lok Sabha, and Chairman and Deputy Chairman of the Rajya Sabha are fixed by Parliament and are charged to the Consolidated Fund of India.
  • Salaries and allowances of Officers: This includes allowances for the Chairman of Rajya Sabha, Speaker, and Deputy Speaker, and covers sumptuary allowances and other perks similar to a Cabinet Minister or Minister of State.
Presiding Officers:
Speaker of Lok Sabha:
  • Elected by the Lok Sabha members.
  • Remains in office during the Lok Sabha’s term unless removed by a resolution or resignation.
  • Has significant authority, such as maintaining order, interpreting rules, and resolving deadlocks (casting vote).
  • Protects parliamentary privileges and can decide on the disqualification of members under defection laws.
Deputy Speaker of Lok Sabha:
  • Elected after the Speaker.
  • Presides over when the Speaker is absent.
  • Has the same powers as the Speaker when acting in the Speaker’s capacity.
  • Cannot vote unless there is a tie.
Chairman of Rajya Sabha:
  • Vice-President of India by position.
  • Holds similar responsibilities as the Speaker but cannot vote in the first instance (can exercise casting vote).
  • Not a member of the Rajya Sabha, unlike the Speaker in the Lok Sabha.
Deputy Chairman of Rajya Sabha:
  • Elected from Rajya Sabha members.
  • Presides over the House when the Chairman is absent.
  • Can exercise casting vote in case of a tie, similar to the Deputy Speaker of Lok Sabha.
Other Key Positions:
  • Leader of the House: Nominated by the Prime Minister in both Lok Sabha and Rajya Sabha. Plays a key role in conducting business and influencing legislative action.
  • Leader of the Opposition: Recognized for providing constructive criticism, offering alternatives, and holding the government accountable. This leader enjoys benefits similar to that of a cabinet minister.
WHIP
  • Not mentioned in the Constitution, Rules of Procedure, or any statute.
  • Based on parliamentary conventions (from the UK).
  • Appointed by each political party in Parliament.
  • Acts as an assistant floor leader; ensures attendance and party-line voting.
  • Defiance of the whip can attract disqualification under the Anti-Defection Law.
SESSIONS OF PARLIAMENT
Summoning
  • Done by the President.
  • Maximum gap between two sessions: 6 months.
  • Minimum: Parliament must meet twice a year.
  • Usual Sessions: Budget Session (Feb–May), Monsoon Session (July–Sep) and Winter Session (Nov–Dec).
  • Time between first sitting and prorogation = Session.
  • Time between prorogation and next sitting = Recess.
ADJOURNMENT
  • Temporary suspension of a sitting.
  • It can be for hours, days, or weeks.
  • Ordered by the presiding officer.
ADJOURNMENT SINE DIE
  • Adjournment for an indefinite period.
  • No fixed date for the next sitting.
  • Ordered by the Presiding Officer.
PROROGATION
  • Official end of a session.
  • Declared by the President after adjournment sine die.
  • The President can also prorogue the House while it is in session.
DIFFERENCE: ADJOURNMENT VS PROROGATION
AspectAdjournmentProrogation
EndsA sittingA session
AuthorityPresiding OfficerPresident
Effect on businessNo effect on billsBills continue, but pending notices (except bill introduction) lapse
DISSOLUTION OF LOK SABHA
  • Rajya Sabha is permanent and not subject to dissolution.
  • Lok Sabha can be dissolved: Automatically on expiry of 5 years or Earlier by the President’s order.
  • After dissolution: All pending business lapses (except certain exceptions) and New Lok Sabha must reintroduce lapsed bills.
 Effect on Bills
SituationStatus
Pending in Lok SabhaLapses
Passed by Lok Sabha, pending in Rajya SabhaLapses
Pending in Rajya Sabha onlyDoes not lapse
Passed by both Houses, pending President’s assentDoes not lapse
Returned by President for reconsiderationDoes not lapse
Joint sitting notified before dissolutionDoes not lapse
QUORUM
  • Minimum number of members required to conduct business.
  • 1/10th of the total strength (including Presiding Officer).
  • Lok Sabha: 55 members.
  • Rajya Sabha: 25 members.
  • If not met, Presiding Officer suspends or adjourns the sitting.
VOTING PROCEDURE IN HOUSE
  • Matters decided by majority of members present and voting.
  • Presiding Officer: Does not vote initially and Can cast a vote in case of a tie.
  • Constitutional matters (e.g. impeachment, constitutional amendment) require special majority.
Steps in Voting (Lok Sabha):
  1. The speaker invites “Ayes” and “Noes.”
  2. If unchallenged, the result is declared by voice vote.
  3. If challenged: Lobby cleared, re-questioned, and if still challenged, division voting is done (electronic/manual).
  4. The speaker may opt for a headcount without recording names if the division is unnecessarily claimed.
Language in Parliament
  • As per the Constitution, Hindi and English are the official languages for parliamentary business.
  • However, members may speak in their mother tongue, subject to the presiding officer’s permission.
  • Simultaneous translation facilities are available in both houses.
  • Though English was to be discontinued after 1965, the Official Languages Act of 1963 allowed its continued use alongside Hindi.
Rights of Ministers & Attorney General
  • All ministers and the Attorney General of India can:
    • Speak and participate in either house.
    • Join in joint sittings or parliamentary committees (if they are members).
    • Cannot vote unless they are elected members.
Why does this provision exist?
  1. A minister from Lok Sabha can take part in Rajya Sabha, and vice versa.
  2. A person can be a minister for six months without being a member of either house.
Lame-duck Session
  • Refers to the last session of a Lok Sabha before a newly elected one takes over.
  • Members who did not get re-elected are known as lame ducks.
Devices of Parliamentary Proceedings
 Question Hour
  • Held during the first hour of a sitting.
  • Types of questions:
    • Starred (Green): Oral answer; supplementary questions allowed.
    • Unstarred (White): Written answer; no supplementary questions.
    • Short Notice (Pink): Oral answer; asked with <10 days’ notice.
    • Questions to Private Members (Yellow): If related to their bill/resolution.
 Zero Hour
  • Starts after Question Hour and before the day’s agenda.
  • Not mentioned in rules—purely an Indian innovation since 1962.
  • Members raise urgent matters without prior notice.
Motions

Used to initiate discussions and express the will of the House. Types:

(a) Substantive Motion

  • Independent proposal.
  • E.g., impeachment of the president.

(b) Substitute Motion

  • Alternative to an original motion.
  • Supersedes the original if adopted.

(c) Subsidiary Motions (3 types):

  1. Ancillary: Assists regular business.
  2. Superseding: Replaces ongoing debate.
  3. Amendment: Modifies a motion.
Closure Motion
Ends a debate prematurely. Four types:
  • Simple Closure: “Matter sufficiently discussed—put to vote.”
  • Closure by Compartments: Bill divided into sections for debate and vote.
  • Kangaroo Closure: Only key clauses discussed; rest skipped.
  • Guillotine Closure: Time ends → All pending clauses put to vote.
 Privilege Motion
  • Moved when a minister breaches privilege by hiding/distorting facts.
  • Objective: Censure the minister.
 Calling Attention Motion
  • Used to draw minister’s attention to urgent public matters.
  • Minister must make a formal statement.
  • Indian innovation since 1954 and part of rules.
 Adjournment Motion
  • Draws attention to urgent public issues.
  • Needs support of 50 members.
  • Acts as censure motion—only in Lok Sabha.
  • Discussion must last at least 2.5 hours.
Conditions:
  • Must be definite, recent, factual, urgent, and of public importance.
  • Cannot: Be vague/general, Cover more than one issue, Revive earlier discussions, Be sub-judice (under court) and raise privilege or repeat other procedures.
No-Confidence Motion
  • Article 75: Council of Ministers is collectively responsible to the Lok Sabha.
  • If passed, the government must resign.
  • Requires support of 50 members to admit.
 Confidence Motion
  • Moved by the government to prove majority.
  • Often used in coalition/minority governments.
  • If defeated, the government falls.
 Censure Motion vs No-Confidence Motion
AspectCensure MotionNo-Confidence Motion
ReasonMust be statedNot necessary
TargetOne/more ministers or entire CouncilEntire Council only
Effect if passedNo need to resignGovernment must resign
Motion of Thanks
  • Follows the President’s Address at:
    • First session after elections.
    • First session of each financial year.
  • Must be passed—else, it implies defeat of the government.
  • A chance to debate government’s policy.
 No-Day-Yet-Named Motion
  • Admitted by Speaker but no date fixed.
  • Scheduled later after Business Advisory Committee consultation.
 Dilatory Motion
  • Aims to delay proceedings.
  • Can adjourn, postpone, or delay debate on any item.
  • Speaker can reject if it’s an abuse of rules.
Point of Order
  • Raised when rules/procedures are violated.
  • Meant for urgent rule-based clarifications.
  • No debate allowed.
  • Suspends proceedings temporarily.
 Half-an-Hour Discussion
  • For clarifying matters that have already been discussed.
  • Speaker may allow it on 3 days/week.
  • No formal motion or vote.
Short Duration Discussion (Two-Hour Discussion)
  • For urgent public issues.
  • Allowed twice a week.
  • No voting or motion.
  • Introduced in 1953.
Special Mention
  • For matters not covered under: Question Hour, Half-hour discussion, Calling attention and Adjournment motion
  • In Rajya Sabha: Called Special Mention.
  • In Lok Sabha: Known as Notice under Rule 377.
Resolutions
TypeWho Moves ItWhen Discussed
Private Member’sAny MP (not minister)Alt. Fridays, afternoon
GovernmentMinisterMon–Thurs
StatutoryEitherAs per law/Constitution
All resolutions are substantive motions, but not all motions are resolutions.

 Youth Parliament

Started on recommendation of the Fourth All India Whips Conference.

Objectives:
  • Familiarize youth with parliamentary functioning.
  • Inculcate discipline, democracy, and character.
  • Organised by the Ministry of Parliamentary Affairs.
Legislative Procedure in Parliament
What is a Bill?

A bill is a proposal for legislation. Once it is passed by both Houses of Parliament and approved by the President, it becomes an Act.

Types of Bills
Based on origin:
  • Public Bill (Government Bill): Introduced by a minister. These reflect the policies and intentions of the government. Their success rate is high, and rejection may indicate a loss of confidence in the government.
  • Private Bill (Private Member’s Bill): Introduced by an MP who is not a minister. These reflect the views of individual members or the opposition, have a low success rate, and their rejection does not affect the government’s stability. The notice period is usually one month, compared to seven days for a public bill.
Based on Content:
  • Ordinary Bills: Concern non-financial matters.
  • Money Bills: Deal exclusively with money-related matters as per Article 110.
  • Financial Bills: Broader than Money Bills, covered under Article 117.
  • Constitution Amendment Bills: Covered under Article 368 (dealt with separately).
Procedure for Ordinary Bills
First Reading

The bill is introduced in either House by a minister or private member. Only the title and objectives are read. No discussion takes place, and the bill is then published in the Gazette of India.

Second Reading (Most Crucial Stage)

This stage includes a general discussion on the bill’s principles. The House may refer it to a Select or Joint Committee or circulate it for public opinion. The committee examines each clause, allows amendments (without changing the basic principles), and submits its report. The House then considers and votes on each clause and amendment.

Third Reading

This stage involves a final debate on the acceptance or rejection of the bill as a whole. No new amendments are allowed. If passed, it is authenticated and sent to the other House.

Passage in Second House

The second House can pass the bill, pass it with amendments, reject it, or take no action for six months. In case of disagreement, a joint sitting may be summoned under Article 108.

Presidential Assent

The President can:

  1. Give assent – the bill becomes law.
  2. Withhold assent – the bill fails.
  3. Return the bill (except money bills)—Parliament passes it again, the President must give assent. This is known as the suspensive veto.
Money Bills – Article 110
What Qualifies as a Money Bill?

A bill is a money bill if it deals only with matters like taxation, borrowing, appropriation from consolidated or contingency funds, and audit. It is not a money bill if it also includes fines, fees, or taxes levied by local bodies.

The Speaker of Lok Sabha is the final authority to decide whether a bill is a money bill. This decision is final and cannot be challenged in court.

Procedure for Money Bills

Money bills can be introduced only in Lok Sabha by a minister with the president’s recommendation. Rajya Sabha cannot amend or reject them, only recommend changes within 14 days. Lok Sabha may accept or reject these. If not returned in 14 days, it is deemed passed. The President cannot return a money bill and must give assent.

Differences Between Ordinary and Money Bills
  • Origin: Ordinary bills can be introduced in either house; money bills only in Lok Sabha.
  • Introduced by: Ordinary bills by any member; money bills only by a minister.
  • President’s Recommendation: Not required for ordinary bills; mandatory for money bills.
  • Rajya Sabha’s Power: Full powers for ordinary bills; only recommendatory for money bills.
  • Speaker’s Certification: Not required for ordinary bills; mandatory for money bills.
  • Deadlock Resolution: Joint sitting for ordinary bills; no joint sitting for money bills.
  • Presidential Action: The president can return ordinary bills but cannot return money bills.
Financial Bills—Article 117
Financial Bill (I)—Article 117(1)

These include both money matters and other provisions. Like money bills, they can be introduced only in Lok Sabha and need the president’s recommendation. However, Rajya Sabha can amend or reject them, a joint sitting is possible, and the President can return them.

Financial Bill (II) – Article 117(3)

These involve expenditure from the Consolidated Fund but not matters under Article 110. They can be introduced in either house and don’t need the president’s recommendation at the introduction stage. It is required only at the consideration stage. They are treated like ordinary bills in all other respects.

Joint Sitting of Parliament—Article 108

Constitutional Provision: Article 108 of the Indian Constitution provides for a joint sitting of both houses of Parliament to resolve a legislative deadlock.

Conditions for Joint Sitting:
  1. A bill is passed by one house and rejected by the other.
  2. The Houses have finally disagreed on the amendments to be made.
  3. More than six months have elapsed without the other house passing the bill.

Presiding Officer: The Speaker of the Lok Sabha presides over the Joint Sitting. In the absence of the Speaker, the Deputy Speaker presides. If neither is present, the Deputy Chairman of Rajya Sabha presides.

Bills Excluded from Joint Sitting: Money Bills (Article 110) and Constitutional Amendment Bills (Article 368)

Instances of Joint Sitting Held:
  1. Dowry Prohibition Bill, 1961
  2. Banking Service Commission (Repeal) Bill, 1978
  3. Prevention of Terrorism Bill (POTA), 2002

Union Budget – Article 112 to 117

Definition: The Union Budget is the Annual Financial Statement of the government, mentioned in Article 112 of the Constitution.

Presentation: Presented by the Finance Minister in Lok Sabha on 1st February every year (from 2017 onwards).

Components of Budget:
  • Annual Financial Statement (Article 112)
  • Demands for Grants (Article 113)
  • Appropriation Bill (Article 114)
  • Finance Bill (Article 117)
Types of Expenditure:
  1. Charged Expenditure: Not subject to vote of Lok Sabha and Includes salaries of the President, judges of the Supreme Court and High Courts, CAG, interest on debt, etc.
  2. Voted Expenditure: Requires approval of Lok Sabha and Includes ministries’ operational expenses, developmental programs, and schemes.
Types of Grants:
  1. Supplementary Grant: Additional funds for existing services.
  2. Vote on Account: Temporary fund approval till the Budget is passed.
  3. Excess Grant: When more money is spent than originally approved.
  4. Token Grant: ₹1 grant to meet unexpected or new expenditure needs.
Important Constitutional Articles:
  • Article 108 – Joint Sitting
  • Article 110 – Money Bill
  • Article 112 – Annual Financial Statement
  • Article 113 – Demands for Grants
  • Article 114 – Appropriation Bill
  • Article 117 – Finance Bill
  • Article 266 – Consolidated Fund of India
Multifunctional Role of the Indian Parliament

The Indian Parliament performs a wide range of functions. Its powers can be classified under the following major heads:

1. Legislative Powers

Parliament is the law-making body of the Union government. Its legislative powers extend over:

  • Union List: Parliament has exclusive power to make laws on the 98 subjects.
  • Concurrent List: Parliament and State Legislatures can both make laws, but in case of conflict, the Central law prevails.
  • Residuary Subjects: Parliament alone can legislate on matters not mentioned in any of the three lists.

Special Situations when Parliament can legislate on State List:

  • When the Rajya Sabha passes a resolution by two-thirds majority (Article 249).
  • During a National Emergency (Article 250).
  • When two or more states request Parliament to legislate (Article 252).
  • To implement international treaties or agreements (Article 253).
  • When President’s Rule is in operation in a state (Article 356).

Other Legislative Functions:

  • Parliament can approve or disapprove Ordinances issued by the President within 6 weeks of reassembly.
  • It also allows for delegated legislation, enabling the Executive to frame rules under Parliamentary laws.
2. Executive Powers

The Executive is collectively responsible to the Parliament, especially to the Lok Sabha.

  • Parliament exercises control through devices like:
    • Question Hour, Zero Hour, Calling Attention Motion.
    • Motions such as Censure, Adjournment, No-confidence.
    • Debates, discussions, and Parliamentary Committees (e.g., Committee on Government Assurances).
  • The Council of Ministers remains in office only as long as it enjoys the confidence of the Lok Sabha.

Loss of Confidence in Executive can be shown by:

  • Rejection of Motion of Thanks on President’s Address.
  • Defeat of Money Bill or any important Bill.
  • Passing of a No-confidence/Censure Motion.
  • Cut Motions during Budget discussions.
3. Financial Powers

No tax can be levied, nor money spent, without Parliament’s approval.

  • It passes the Union Budget annually, which includes the Annual Financial Statement.
  • Financial control is exercised: Before expenditure through Budgetary Approval and After expenditure through Audit Committees like: Public Accounts Committee, Estimates Committee and Committee on Public Undertakings
  • Parliament follows the Annuity Principle, where funds lapse at the end of the financial year.
  • This leads to the phenomenon of “March Rush”, where unutilized funds are spent hastily before the year ends.
4. Constituent Powers

Parliament can amend the Constitution in three ways:

  • By Simple Majority (for matters like changing names of states).
  • By Special Majority (two-thirds of members present and voting).
  • By Special Majority + State Consent (for federal provisions).

Note: Only Parliament can initiate amendments. However, State Legislative Councils can be created/abolished based on state resolutions.

Limitation: Parliament’s amending power is subject to the Basic Structure Doctrine as laid down in the Kesavananda Bharati case (1973).

5. Judicial Powers

Parliament exercises certain judicial functions:

  • Can impeach the President (Art. 61).
  • Can remove the Vice-President and recommend:
    • Removal of Supreme/High Court Judges
    • Chief Election Commissioner
    • Comptroller and Auditor General (CAG)
  • It can punish members or outsiders for breach of privilege or contempt of the House.
6. Electoral Powers

Parliament plays a role in various elections:

  • Participates in the election of the President along with State Legislative Assemblies.
  • Elects the Vice-President (only MPs participate).
  • Lok Sabha elects Speaker and Deputy Speaker; Rajya Sabha elects the Deputy Chairman.
  • Enacts laws related to elections through: Presidential and Vice-Presidential Elections Act (1952) and Representation of the People Acts (1950 & 1951)
7. Other Powers

Parliament also performs miscellaneous but crucial functions:

  • Discusses national and international issues of importance.
  • Approves the declaration and continuation of all three types of emergencies (National, State, Financial).
  • Can alter state boundaries, names, or areas under Article 3.
  • Can create or abolish State Legislative Councils.
  • Can regulate the jurisdiction of the Supreme Court and High Courts.
  • Can create a common High Court for two or more states.
Limitations of Parliamentary Control

Despite its wide powers, Parliament’s control over the executive and administration has certain limitations:

  • Time constraints and lack of expertise among MPs.
  • Technical complexity of financial and legal matters.
  • Executive dominance over Parliament due to majority rule.
  • Huge size of Parliament limits effective participation.
  • Control is often sporadic, ritualistic, or party-driven.
  • Guillotine mechanism limits Budget discussions.
  • Excessive delegated legislation reduces direct Parliamentary scrutiny.
  • Frequent ordinances dilute legislative debates.
  • Post-facto nature of committee scrutiny reduces impact.
Sovereignty of Parliament
1. British Parliament: Sovereignty
  • Sovereignty refers to the supreme power within a state, held by Parliament in the UK.
  • The British Parliament can:
    1. Make, amend, or repeal any law (as per A.V. Dicey, a British jurist).
    2. Make constitutional laws in the same way as ordinary laws, with no legal distinction.
    3. Laws passed by Parliament cannot be declared unconstitutional by the judiciary (no judicial review).
2. Indian Parliament: Limited Sovereignty
  • Legal Restrictions: India’s Constitution imposes legal limitations on Parliament’s power, unlike the UK.
    1. Written Constitution: The Indian Constitution is the supreme law, defining the powers of the government. Parliamentary authority is bound by constitutional provisions.
    2. Federal System: The division of powers between the Union and the states restricts Parliament’s jurisdiction to the Union and Concurrent Lists.
    3. Judicial Review: Indian courts can declare laws unconstitutional, limiting Parliament’s authority.
    4. Fundamental Rights: Parliament cannot pass laws that violate fundamental rights. Article 13 ensures laws conflicting with these rights are void.
Comparison:
  • While the British Parliament is fully sovereign, the Indian Parliament operates within constraints set by the Constitution, judiciary, federalism, and fundamental rights.
  • This makes India’s Parliament more akin to the U.S. Congress, which is also limited by constitutional provisions, judicial review, and a bill of rights.

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