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Motion of no confidence

A motion of no-confidence, or a vote of no confidence, or no confidence motion, is a statement or vote about whether a person in a position of responsibility is no longer deemed fit to hold that position, perhaps because they are inadequate in some aspect, are failing to carry out obligations, or are making decisions that other members feel detrimental. As a parliamentary motion, it demonstrates to the head of state that the elected parliament no longer has confidence in the appointed government. In some countries, if a no confidence motion is passed against an individual minister they have to resign along with the entire council of ministers. A censure motion is different from a no-confidence motion. Depending on the constitution of the body concerned, "no confidence" may lead to dismissal of the Council of Ministers or other position-holders, whereas "censure" is meant to show disapproval and does not result in the resignation of ministers. The censure motion can be against an individual minister or a group of ministers, but depending on a countrys constitution, a no-confidence motion may be more directed against the entire cabinet. Again, depending on the applicable rules, censure motions may need to state the reasons for the motion while no-confidence motions may not require reasons to be specified.

                                               

2008 Lok Sabha vote of confidence

The United Progressive Alliance, the governing alliance in India elected in 2004, faced its first confidence vote in the Lok Sabha on 22 July 2008 after the Communist Party of India -led Left Front withdrew support over India approaching the IAEA for the Indo-US nuclear deal. The vote was so crucial that the UPA and the opposition parties summoned MPs from their sick beds and even from prison cells to take part in the vote, which was eventually won by the Government.

                                               

2017 vote of no confidence in the government of Mariano Rajoy

A vote of no confidence in the Spanish Peoples Party Government of Mariano Rajoy was announced on 27 April 2017 and held on 13–14 June. The motion of no confidence was formally registered on 19 May by Unidos Podemos after a massive corruption case involving high-ranking PP officials unveiled maneuvers from the Rajoy government to influence the judicial system in order to cover-up the scandal. This was the third vote of no confidence held in Spain since the countrys transition to democracy, after the unsuccessful 1980 and 1987 no confidence votes. Votes of no confidence in Spain are constructive, meaning that confidence from a Prime Minister may only be withdrawn if a positive majority for a prospective successor exists. Opposition parties PSOE, Ciudadanos and PNV announced their opposition to any candidate proposed by Podemos, meaning that the motion was unlikely to succeed. The motion was defeated on 14 June 2017, gathering the support of Unidos Podemos, Compromis, ERC and EH Bildu for a total of 82 favourable votes, the opposition of PP, Ciudadanos, UPN, CCa and FAC 170 votes against and the abstentions of PSOE, PDeCAT, PNV and NCa 97. This was the first motion of no confidence to be registered in Spain by a parliamentary group different than one of the two largest ones.

                                               

2018 vote of no confidence in the government of Mariano Rajoy

A motion of no confidence in the Spanish government of Mariano Rajoy was held between 31 May and 1 June 2018. The motion was registered by the Spanish Socialist Workers Party on 25 May after the ruling Peoples Party was found to have profited from the illegal kickbacks-for-contracts scheme of the Gurtel case. The motion was successful and resulted in the downfall of Mariano Rajoys government and in PSOE leader Pedro Sanchez becoming new Prime Minister of Spain. Rajoy announced on 5 June 2018 his resignation as PP leader after having led the party for 14 years. Prior to his ouster, Rajoy had hinted at the possibility he may not seek re-election for a third term in office. After resigning as PP leader, he confirmed his withdrawal from politics altogether, vacating his seat in the Congress of Deputies and returning to his position as property registrar in Santa Pola. This was the fourth motion of no confidence since the Spanish transition to democracy and the first to be successful, as well the second to be submitted against Mariano Rajoy after the Unidos Podemoss motion in the previous year.

                                               

Article 49 of the French Constitution

Article 49 of the French Constitution is an article of the French Constitution, the fundamental law of the French Fifth Republic. It sets out the political responsibility of the government towards the parliament. It is part of Title V: "On relations between the parliament and the government". It structures the political responsibility of the current administration of the executive branch towards the French legislative branch. This section of the French constitution outlines a principal trait of the legislative system; a very rationalised parliamentarism, or in other words, one which seeks the stability of the executive branch administration. It re-uses and reinforces elements already present in the French Fourth Republic, and also in Subparagraph 3 introduces a new provision, without parallel in prior constitutions or in foreign systems of government, which gives the presidential administration an extremely potent weapon. These provisions, intended to bring stability to the executive branch of the government, had previously been lacking, and protect executive branch administrations from circumstances which previously had overturned them without providing them with an alternative. The article, which comprises four paragraphs, was designed to prevent crises like those that occurred under the French Fourth Republic. Its best-known provision, Subsection 3 Article 49.3, allows the government to force passage of a bill without a vote unless the parliament votes a motion of no confidence to veto the government "commitment of responsibility". It provides for administration option to force passage of a legislative text without a vote through an engagement de reponsabilite, unless the National Assembly is prepared to overturn it with a motion de censure. an engagement de responsabilite, commitment of responsibility of the administration to a certain program or declaration of policy, initiated by the executive branch. This measure should not be confused with the "question of confidence", which no longer exists under the French Fifth Republic. an administration option to request approval of its policy by the Senate, although the refusal of this approval is without consequences in the judicial branch a motion de censure or vote of no confidence, initiated by the Assemblee Nationale National Assembly. Article 49 Subsection 2 outlines a censure spontanee spontaneous motion of no confidence, as opposed to the following subsection 49.3, which outlines a motion of no confidence in some way "provoked" by the executive branch. Such a motion requires an absolute majority for adoption, and thus this provision changes the burden of proof and forces the Assemblee Nationale to demonstrate a rejection of the administration. The government can thus only be overturned by undecided members of the Assembly who simply abstain. This subsection of Article 49 has only once come into play, in 1962 against Georges Pompidou, who then had to resign, but was returned to power with newfound support based on a majority in the ensuing legislative elections. Article 49 Subsection 3 deals with an administration engagement de responsabilite commitment of responsibility, which allows the executive branch to force passage of a legislative text unless the opposition introduces a vote de censure motion of no confidence, which has little chance of passing, since it also entails the dissolution of the legislature pending new elections. Articles 50, 50.1 and 51 relate directly to Article 49, since Article 50 complements 49.2, Article 51 provides technical detail about the implementation of Article 49.3, and 50.1 gives the executive the option of a declaration with an ensuing debate.

                                               

Constructive vote of no confidence

The constructive vote of no confidence is a variation on the motion of no confidence that allows a parliament to withdraw confidence from a head of government only if there is a positive majority for a prospective successor. The principle is intended to ensure that a replacement head of government has enough parliamentary support to govern. The concept was first used on a national scale in West Germany, but is today also used in other nations, such as Spain, Hungary, Lesotho, Israel, Poland, Slovenia, Albania and Belgium.