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Mahesh

11/09/24 11:02 AM IST

India’s Parliamentary Committee System

In News
  • The opposition parties in India are complaining about the delay in constituting Department-related Parliamentary Standing Committees (DRSCs) which are essential pillars of parliamentary oversight of the executive.
Origin of Parliamentary Committees
  • The origin of the parliamentary committee system in India can be traced back to the British colonial era.
  • The first committee established in the Indian legislature was the Public Accounts Committee (PAC) in 1921 under the Government of India Act, 1919 also called Montford Reforms.
  • The standing advisory committees which were not elected by the people were abolished after the first Lok Sabha was elected in 1952.
  • Thereafter, the PAC alongside the Estimates Committee (established in 1950) started to function under the direct control of the Lok Sabha Speaker.
  • India follows a convention in which a leader of the opposition bench is appointed as the chairperson of the PAC.
  • Apart from these financial committees, committees like the Rules Committee continued to function during the First Lok Sabha.
  • Business Advisory Committee (chaired by the Speaker) and Committee on Government Assurance were the Indian innovations in parliamentary democracy. Another major landmark was the creation of the Committee on Public Undertakings during the third Lok Sabha.
Expansion of the committee system
  • The committee system in India significantly expanded during the 1990s.
  • The Rules Committee approved the set up of three departmental-standing committees – agriculture, science and technology, and environment and forest in 1989.
  • It further expanded to 17 departmental-related standing committees (DRSCs) in 1993, with each committee having 45 members.
  • The expansion aimed to make parliamentary activity effective, enhance the accountability of the executive, and utilise the availability of expertise and public opinion.
  • It may be noted here that the creation of DRSCs coincided with the rise of coalition politics, increasing disruptions in Houses, declining parliamentary oversight, and the ‘guillotine’ of legislation.
  • These committees are of two kinds – standing committees and ad hoc committees.
  • Ad hoc committees are created for some specific purposes and they cease to exist after finishing the tasks assigned.
  • The select and joint committees on bills are principal ad hoc committees.
  • In addition, each House of Parliament has standing committees that are permanent (constituted every year) and work on a continuous basis.
  • Members of a Parliamentary Committee, also described as a panel of MPs, is appointed or elected by the House or nominated by the Speaker.
  • It works under the direction of the Speaker and presents its report to the House or to the Speaker.
  • Parliamentary Committees draw their authority from Article 105, which deals with the privileges of MPs, and Article 118, which gives Parliament authority to make rules to regulate its procedure and conduct of business.
Significance of parliamentary committees 
  • The increasing complexities of modern administration proved that traditional methods of legislative control over the executive was insufficient.
  • It is difficult for MPs to scrutinise all government activities in the House in a limited time. In that context, the committee system is helpful in keeping pace with the increasing workload and demand for specialisation.
  • Parliamentary committees help MPs devote more time to each item under scrutiny and examine matters in great detail.
  • These committees can also seek inputs from experts from respective fields and ensure the participation of stakeholders in deliberations.
  • These measures help members from various political parties to reach a consensus on insurmountable issues.
  • In addition, parliamentary committees provide the opportunity for cross-pollination between two chambers of Parliament which is otherwise unlikely.
  • These committees also accommodate the MPs who could not find a place in the Cabinet of coalition governments.
  • Hence, the committee system has become one of the most efficient devices in the Indian parliamentary system in terms of the number of me
  • The several recommendations of the committee are incorporated into the Consumer Protection Act of 2019, the National Medical Commission Act of 2019, etc.
  • The concerned departments have to furnish information to the committees showing actions taken and reasons for non-acceptance of recommendations.
  • This ensures the executive accountability to Parliament and helps to function the system of checks and balances between the branches of government.
Challenges
  • One of the major challenges to the proper institutionalisation of the committee system in India is the short tenure of committees.
  • Most of the committees like DRSCs have a short term of one year after which they have to be reconstituted.
  • The delay in constituting standing committees every year further jeopardises the institutional system.
  • This adhocism limits the opportunity of members to specialise in fields being allotted to them and affects the quality of work done.
  • Committees are expected to work in a non-partisan manner because members are not led by party whips.
  • However, some inquiry committees work in a partisan manner and eventually become political tools.
  • The large-scale absenteeism also hinders the effective functioning of committees.
  • The attendance of members of committees is yet another problem.
  • The Venkatachaliah Commission (2000) found that parliamentary committees are suffering from issues like lack of resources, inadequate staff strength, and absence of expert advisers. These issues continue to permeate the functioning of the committee system even today.
  • The declining number of bills being referred to the committees has also been seen as a problem.
  • The Statistical Handbook published by the Ministry of Parliament Affairs shows that the number of bills being referred to standing committees has been significantly reduced since the 16th Lok Sabha.
  • The same trend followed in 17th Lok Sabha as well citing delay in constituting committees.
  • Several important legislations like Chief Election Commission and Other Election Commissioners Bill, 2023, abrogation of Article 370 of the Indian Constitution, and four farmers bills in 2020 were passed without referring them to committees concerned.
  • Some committees also refuse to seek advice from experts and witnesses.  
Way forward
  • As far as the way forward is concerned, it may be argued that expertise in the concerned field should be the primary qualification to become chair and member of standing committees in India.
  • Security of tenure for members of committees would also help to ensure opportunities to specialise in areas of legislation of their expertise and interest.
  • It may be noted here that the rules of procedure and conduct of the business of Kerala legislative assembly clearly mention the procedures for the business of fourteen subject committees on bills.
  • These committees have a fixed tenure of 30 months and the procedure and time limit for referring bills to committees are clearly written.
  • The state of Kerala has a long legacy of establishing ten subject committees in 1980 itself.
  • Moreover, India may seek to benefit from later developments in parliamentary models across the world.
  • For instance, the British House of Commons has Select Committees for each government department in the areas of spending, policies, and administration.
  • The government usually has 60 days to respond to the recommendations of the committees.
  • India may also follow the Canadian model in which referral to committees is a regular part of supply procedure.
  • By emulating such models, referring bills to DRSCs would be mandatory.
  • In addition, the presiding officers of both Houses of Parliament should act independently while using their discretion in referring bills to committees for detailed scrutiny leaving little room for hasty legislation.
Source- Indian Express

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