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.

Parliamentary Committees

Broad Categories of Parliamentary Committees

  • Financial Committees: E.g. PAC, Estimates Committee, and Committee on Public Undertakings.
  • Departmentally Related Standing Committees (DRSCs): E.g. Committee on Defence, Committee on Energy, Committee on External Affairs, Committee on Finance, etc.
  • Other Parliamentary Standing Committee: E.g. Business Advisory Committee, Committee of Privileges, House Committee, General Purpose Committee, Rules Committee, etc.
  • Ad Hoc Committees

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

  • Currently, 24 Departmentally Related Standing Committees are covering under their jurisdiction all the Ministries/ Departments of the Government of India.

    1. Committee on Commerce

    2. Committee on Home Affairs

    3. Committee on Education, Women, Children, Youth and Sports

    4. Committee on Industry

    5. Committee on Science & Technology, Environment, Forest and Climate Change

    6. Committee on Transport, Tourism and Culture

    7. Committee on Health and Family Welfare

    8. Committee on Personnel, Public Grievances, Law and Justice

    9. Committee on Agriculture, Animal Husbandry and Food Processing

    10. Committee on Communications and Information Technology

    11. Committee on Defence

    12. Committee on Energy

    13. Committee on External Affairs

    14. Committee on Finance

    15. Committee on Consumer Affairs, Food and Public Distribution

    16. Committee on Labour, Textiles and Skill Development

    17. Committee on Petroleum and Natural Gas

    18. Committee on Railways

    19. Committee on Housing and Urban Affairs

    20. Committee on Water Resources

    21. Committee on Chemicals and Fertilizers

    22. Committee on Rural Development and Panchayati Raj

    23. Committee on Coal, Mines and Steel

    24. Committee on Social Justice and Empowerment

  • Out of 24 Committees, 8 Committees (Sl. No. 1 to 8) are serviced by the Rajya Sabha Secretariat and 16 Committees (Sl. No. 9 to 24 ) by the Lok Sabha Secretariat.

Functions

  • DRSCs review and analyse the allocation of funds for various government departments and ministries.
  • Committees examine bills referred to them by the presiding officers of the Lok Sabha or Rajya Sabha.
  • DRSCs review the annual reports of ministries and departments under their purview.
  • Committees evaluate long-term national policy documents presented to Parliament (referred by the Chairman or Speaker) and provide recommendations through reports.

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
  • It assesses potential economies, organisational improvements, and reforms.
  • Number of Members: 30 (LS); Tenure: 1 year.
  • Elected by Lok Sabha.
  • A Minister is not eligible for election to this committee.
  • Functions:
    • Propose alternative policies for efficiency and economy.
    • Review expenditures against policy limits.
    • Recommend presentation format for estimates.
Public Accounts Committee
  • It examines accounts related to the appropriation of funds and other financial statements.
  • Number of Members: 22 (15LS+7RS); Tenure: 1 year.
  • Elected by the two House(s).
  • A Minister is not eligible for election to this committee.
  • Functions:
    • The Committee’s primary responsibility is to determine if the funds allocated by Parliament have been utilised by the Government within the defined scope of the Demand.
    • The examination is primarily based on the Government of India’s Appropriation Accounts and Audit Reports from the CAG.
    • Review accounts of state corporations, autonomous bodies, and semi-autonomous entities.
  • The Committee does not address policy issues but focuses solely on the implementation and outcomes of policies set by Parliament.
Committee on Public Undertakings
  • It oversees the management and financial operations of Public Undertakings.
  • Number of Members: 22 (15LS+7RS); Tenure: 1 year.
  • Elected by the two House(s).
  • A Minister is not eligible for election to this committee.
  • Functions:
    • Review reports and accounts of Public Undertakings.
    • Scrutinise reports from the Comptroller and Auditor General.
    • Evaluate management practices.
    • Perform additional functions as assigned by the Speaker.
  • The Committee does not, however, examine matters of major Government policy and matters of day-to-day administration of the Undertakings.

Other Standing Committees

Other Standing Committees Details
Business Advisory

Committee

  • No. of Members – 15
  • Tenure: Not fixed. Can continue in office till reconstituted.
  • The members are nominated by the Speaker, Lok Sabha.
  • Recommends time allocation for the discussion of Bills & other business.
Committee on Private Members’ Bills and Resolutions
  • No. of Members – 15
  • Tenure: 1 year.
  • The members are nominated by the Speaker, Lok Sabha.
  • Examines all Private Members’ Bills after their introduction.
Committee on

Government Assurances

  • No. of Members – 15
  • Tenure: 1 year.
  • The members are nominated by the Speaker, Lok Sabha.
  • Scrutinises assurances, promises, and undertakings given by Ministers.
Rules Committee
  • No. of Members – 15
  • Tenure: Not fixed. Can continue in office till reconstituted.
  • The members are nominated by the Speaker, Lok Sabha.
  • Considers matters of procedure and conduct of business in the House.
Committee of Privileges
  • No. of Members – 15
  • Tenure: Not fixed. Can continue in office till reconstituted.
  • The members are nominated by the Speaker, Lok Sabha.
  • Examines questions involving breaches of rights, privileges, and immunities of MPs.
Committee on Ethics
  • Oversees the moral and ethical conduct of MPs.
Committee on Absence of Members from the Sittings of the House
  • No. of Members – 15
  • Tenure: 1 year.
  • The members are nominated by the Speaker, Lok Sabha.
  • Examines leave applications of MPs.
Joint Committee on

Offices of Profit

  • No. of Members – 15 ( 10 LS+ 5 RS)
  • Tenure: For the duration of one Lok Sabha.
  • The members are elected by the two Houses.
  • Examines the composition of other committees and recommends which offices may disqualify a person from becoming an MP.
Joint Committee on Salaries and Allowances of MPs
  • No. of Members – 15 ( 10 LS+ 5 RS)
  • Tenure: 1 year.
  • The members are nominated by the Speaker, Lok Sabha and the Chairman, Rajya Sabha.
  • Examines salaries and allowances of MPs.
Committee on the

Welfare of SCs and STs

  • No. of Members – 15 ( 10 LS+ 5 RS)
  • Tenure: 1 year.
  • The members are elected by the two Houses.
  • Examines measures taken by the government to improve the status of Scheduled Castes and Tribes.
Committee on

Empowerment of Women

  • No. of Members – 30 ( 20 LS+ 10 RS)
  • Tenure: 1 year.
  • The members are nominated by the Speaker, Lok Sabha and the Chairman, Rajya Sabha.
  • Recommends measures to improve the status and conditions of women.
Library Committee
  • No. of Members – 9 ( 6 LS+ 3 RS)
  • Tenure: 1 year.
  • The members are nominated by the Speaker, Lok Sabha and the Chairman, Rajya Sabha.
  • Advises on the improvement of the Parliamentary Library.
General Purposes

Committee

  • No. of Members – Not fixed
  • Tenure: Not fixed.
  • Membership is ex-officio.
  • Advises on matters concerning the affairs of the House referred to it by the Chairperson.
House Committee
  • No. of Members – 12
  • Tenure: 1 year.
  • The members are nominated by the Speaker, Lok Sabha.
  • Advises on matters related to the residential accommodation of MPs.
Committee on Papers laid on Table
  • No. of Members – 15
  • Tenure: 1 year.
  • The members are nominated by the Speaker, Lok Sabha.
  • The Committee examines papers laid before the House by Ministers, excluding those handled by other committees.
  • It reports on Compliance with constitutional or legal provisions, unreasonable delays in laying papers, adequacy of explanations for delays, availability of both Hindi and English versions, justifications for the absence of the Hindi version, and any other functions related to the papers as assigned by the Speaker.
Committee of Petitions
  • No. of Members – 15
  • Tenure: Not fixed. Can continue in office till reconstituted.
  • The members are nominated by the Speaker, Lok Sabha.
  • Review and report on petitions presented to the House. It also considers representations from individuals, associations, etc., that fall outside the rules for petitions and provides directions for their resolution.
Committee on Subordinate Legislation
  • Scrutinise and report to the House whether the powers to make regulations, rules, sub-rules, bye-laws, etc. conferred by the Constitution or delegated by Parliament are being properly exercised by the executive within the scope of such delegation.

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.
  • Article 105 of the Constitution of India deals with the powers, privileges, and immunities of the Indian Parliament and its members and committees.
  • Article 118 gives Parliament authority to make rules to regulate its procedure and conduct of business.

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.
  • The Venkatachaliah Commission (2000) identified issues such as insufficient resources, inadequate staff, and lack of expert advisors, which still persist.

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)
  • The rules of procedure for the Kerala Legislative Assembly clearly outline the processes for the fourteen subject committees on bills, with a fixed tenure of 30 months and defined timelines for bill referrals. Kerala has a long-standing tradition, having established ten subject committees as early as 1980.
  • The UK’s Select Committees oversee government departments and receive responses within 60 days.
  • In Canada, the bill referrals to DRSCs are mandatory.
  • The presiding officers should independently decide on bill referrals to ensure thorough scrutiny and avoid rushed legislation.
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