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Parliamentary Committee System in India
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- Context (IE): Recently concerns have been raised about delays in constituting Department-related Parliamentary Standing Committees (DRSCs).
- The delay in referring bills to standing or select committees for scrutiny in the 16th and 17th Lok Sabha has also been criticised for weakening the democratic functioning of Parliament.
Parliamentary Committees Globally
- Parliamentary committees are a universal phenomenon, not exclusive to the British model.
- Former US President Woodrow Wilson emphasised the importance of committees, calling them “little legislatures.” As Walter Bagehot noted in The English Constitution (1867), large assemblies often fail to achieve substantive outcomes, highlighting the significance of parliamentary committees.
- They help overcome the limitations of large legislatures’ organisational and technical complexity.
Origin and Development of India’s Parliamentary Committee System
- Independent India inherited this system from the British. The Public Accounts Committee (PAC) was established in 1921 under the Government of India Act, 1919.
- After the first Lok Sabha elections in 1952, the PAC and the Estimates Committee (formed in 1950) came under the direct control of the Lok Sabha Speaker.
- A convention was established where the chairperson of the PAC was chosen from the opposition.
- India introduced new committees such as the Business Advisory Committee and the Committee on Government Assurance during the 1st Lok Sabha and the Committee on Public Undertakings during the 3rd Lok Sabha.
Broad Categories of Parliamentary Committees
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Expansion in the 1990s
- In 1989, the Rules Committee approved three departmental-standing committees for agriculture, science and technology, and environment and forest. By 1993, this had grown to 17 Department-related Standing Committees (DRSCs), each with 45 members.
- In 2004, the DRSCs were restructured, increasing the number of committees to 24 (16 for the Lok Sabha & 8 for the Rajya Sabha) and reducing membership to 31 (21 from LS & 10 from RS).
DRSCs
Functions
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Types of Parliamentary Committees
- Standing Committees: Permanent and work continuously. Established as per Acts of Parliament or Lok Sabha Rules. E.g. Financial Committees, DRSCs, etc.
- Ad Hoc Committees: Created for specific purposes and cease to exist after task completion and submitting the report. E.g. Select and joint committees, Railway Convention Committee, Joint Committee on Food Management in Parliament House Complex, etc.
- Additionally, each House of Parliament has standing committees, which are permanent and reconstituted annually, functioning continuously throughout the year.
Financial Committees
- Parliament oversees government spending to ensure public funds are used efficiently. This financial oversight is complex and technical, and financial committees assist Parliament in managing this responsibility.
Finance Committees | Details |
Estimates Committee |
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Public Accounts Committee |
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Committee on Public Undertakings |
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Other Standing Committees
Other Standing Committees | Details |
Business Advisory
Committee |
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Committee on Private Members’ Bills and Resolutions |
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Committee on
Government Assurances |
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Rules Committee |
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Committee of Privileges |
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Committee on Ethics |
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Committee on Absence of Members from the Sittings of the House |
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Joint Committee on
Offices of Profit |
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Joint Committee on Salaries and Allowances of MPs |
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Committee on the
Welfare of SCs and STs |
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Committee on
Empowerment of Women |
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Library Committee |
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General Purposes
Committee |
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House Committee |
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Committee on Papers laid on Table |
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Committee of Petitions |
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Committee on Subordinate Legislation |
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Role and Functioning of Parliamentary Committees
- Parliamentary Committee means a committee that is appointed or elected by the House or nominated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat which is provided by the Lok Sabha Secretariat.
- Parliamentary committees draw their authority from Article 105 & Article 118 of the Indian Constitution.
- These committees help Parliament manage its growing workload and provide MPs with opportunities to focus on specific issues in detail. Committees can also draw on expert opinions and stakeholder inputs, promoting more informed decision-making and consensus-building across political parties.
- The committee system allows collaboration between the Lok Sabha and Rajya Sabha and provides opportunities for MPs who are not part of the Cabinet to contribute meaningfully.
- Although committee recommendations are not binding, they often influence deliberations on the floor. For example, recommendations have been incorporated into major laws such as the Consumer Protection Act, of 2019, and the National Medical Commission Act, of 2019.
- Departments must respond to committees with actions taken and reasons for rejecting recommendations, reinforcing executive accountability.
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Challenges Faced by Parliamentary Committees
- DRSCs have a term of just one year (short tenure), requiring reconstitution after that period. Delays in forming committees disrupt their continuity and hinder members from gaining expertise.
- Committees are intended to function without party influence, as members are not bound by party whips. Some inquiry committees, however, have become politically influenced.
- High absenteeism and low attendance among members affect committee effectiveness.
- The number of bills referred to committees has significantly decreased since the 16th Lok Sabha, continuing in the 17th due to delays in committee formation.
- Major laws like the Chief Election Commissioner and Other Election Commissioners Bill (2023), the abrogation of Article 370, and the 2020 farm bills were passed without committee review.
- Some committees have refused to seek advice from experts or call witnesses for deliberations.
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Proposed Improvements
- Prioritise expertise in committee appointments.
- Extend the tenure of committee members to specialise in their areas of focus.
- Clear procedures for referring bills to committees to be implemented (following Kerala’s model).
- Fixed tenures for committees to be established (e.g., Kerala’s 30-month tenure for subject committees)
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- The presiding officers should independently decide on bill referrals to ensure thorough scrutiny and avoid rushed legislation.