Date : 25/09/2023

Relevance: GS Paper 2- Polity- Parliament

Keywords: 'One nation, One election,' Public Accounts Committee (PAC), Estimate Committee, National Commission to Review the Working of the Constitution 2002

Context-

The Government of India recently established an eight-member committee to examine the concept of 'One nation, One election,' highlighting the significance of parliamentary committees in the country. Parliament in India plays a pivotal role in governance, encompassing a wide range of functions, including legislating and overseeing the executive branch. However, the sheer scale and complexity of Parliament's operations often hinder in-depth deliberations on various issues. To address this challenge, Parliament has instituted several committees, each with a specific mandate to investigate matters comprehensively and present their findings to Parliament.

Types of Parliamentary Committees

Parliamentary committees in India serve diverse purposes and can be broadly categorized into four types: subject, financial, accountability, and administrative.

1. Subject Committees

• These committees oversee the functions and activities of each ministry, with ministers themselves ineligible for membership. There are a total of 24 subject committees, comprising 31 members each, with proportional representation from both the Lok Sabha and the Rajya Sabha. Subject committees review proposed legislation, select subjects for closer examination, and scrutinize ministry budgets. Bills can be referred to subject committees for detailed examination, ensuring thorough scrutiny before passage.

2. Financial Committees

• India has three key financial committees: the Estimates Committee, the Committee on Public Undertakings (CoPU), and the Public Accounts Committee (PAC). Notably, these committees do not include ministers as members.

• The Estimates Committee examines pre-budget estimates of various ministries.
• The Committee on Public Undertakings focuses on scrutinizing the functioning of public undertakings.
• The Public Accounts Committee reviews the government's approved spending statement.

3. Other Committees

• Apart from financial committees, various other committees investigate administrative and accountability matters related to Parliament and its daily operations. Examples include the Committee on Privileges, which addresses breaches of parliamentary privileges, and the Committee on Petitions, which reviews public complaints submitted as petitions.

4. Ad hoc Committees

• Ad hoc Committees are formed on a temporary basis for specific purposes, such as reviewing particular bills. They disband once they complete their assigned tasks and submit reports.

Contributions of Committees

• Parliamentary Committees are instrumental in improving legislation. For instance, the Anti-Maritime Piracy Bill of 2019 originally mandated the death penalty in certain cases. However, the Standing Committee on External Affairs recommended modifying the penalty to life imprisonment or the death penalty, enhancing the legislation.
• Notably, committees have played a pivotal role in developing crucial legislation, such as the Digital Data Protection Bill. Starting in 2017, the Justice Srikrishna Committee was tasked with crafting a data protection framework, leading to the introduction of the Personal Data Protection Bill, 2019. After a series of committee reviews, a Draft Digital Data Protection Bill was presented for public consultation in 2022. The insights provided by these committees have been fundamental in shaping this essential legislation for a digitally growing economy.
• Parliament heavily relies on these Parliamentary Committees to conduct thorough examinations of various matters. Consequently, Parliament operates in two primary modes: the first is during its sessions in the legislative chambers, and the second is through the work of these Committees. The reports presented by these Committees serve as valuable resources for informed discussions and debates within Parliament.
• Committees also address issues crucial for nation-building but less politically significant. For example, the Public Accounts Committee has highlighted concerns in defense shipyards, emphasizing the importance of developing these capabilities for national security.
• Furthermore, these Committees offer a platform for fostering consensus among members from different political parties, cultivating expertise in specific subjects, and engaging in consultations with experts and stakeholders

Role of Parliamentary Committees

The effectiveness of Parliamentary Committees is vital to the efficient functioning of Parliament. Several areas require attention to strengthen these committees.

1. Automatic Referral of All Bills to Committees

• Presently, bills are not automatically referred to committees in India; instead, the Speaker or Chairman decides, often with ministerial input.
• In today's era marked by political polarization and discord, the public proceedings of the Indian Parliament reflect deep fault lines that hinder deliberation and consensus-building. During the 17th Lok Sabha, a mere 14 Bills were referred for further examination by committees. Data from PRS paints a concerning picture, revealing that only 25% of Bills introduced in the 16th Lok Sabha were referred to committees, a substantial decline compared to 71% and 60% in the 15th and 14th Lok Sabhas, respectively. This trend underscores a diminishing emphasis on subjecting national legislation to expert scrutiny.
• Discussing committee recommendations or reasons for rejections isn't obligatory. However, doing so could lead to stronger laws. Consulting experts during law formulation could help fill potential gaps.
• Based on the 2002 National Commission's recommendation, this proposal suggests automatically referring all bills to subject-specific committees for in-depth review and discussion.
• This practice is in place in some parliamentary systems, like the United Kingdom, except for Money Bills. This reform aims to enhance transparency, accountability, and legislation quality by ensuring every bill undergoes a minimum level of parliamentary scrutiny with input from lawmakers and subject experts

2. Attendance of Members of Parliament (MPs)

• Effective deliberations and discussions in Parliamentary Committees rely on MPs' attendance, which has been notably low. During the 17th Lok Sabha, subject Committee attendance averaged only 47%, dropping to 37% for financial Committees. For a Committee meeting to proceed, a quorum of one-third of its members is required, typically around 10 members for a subject Committee. This low attendance issue in Committees was also highlighted in the National Commission to Review the Working of the Constitution Report 2002.
• The report pointed out widespread absenteeism in Committee meetings. Also, it highlighted instances where a single Committee was responsible for overseeing too many ministries, hindering its ability to conduct a thorough examination of each ministry's functioning. To address this issue, measures are needed to increase MP participation.

3. Shortage of Technical Staff and Experts

• Parliamentary Committees require technical support and access to experts for in-depth examinations. In 2002, the National Commission to Review the Working of the Constitution recommended allocating funds to support Committees in conducting inquiries, organizing public hearings, and gathering relevant data.
• Currently, the technical support available to Parliamentary Committees is limited to a secretariat that assists in scheduling meetings and recording minutes. This stands in contrast to other democracies like Canada, where the Library of Parliament provides research staff to all Committees upon request. These research staff members offer valuable background information and can help identify potential witnesses for the Committee.
• Furthermore, Committees in such systems have the flexibility to seek additional or specialized research assistance from sources outside the Library of Parliament..

4. Transparency in Committee Proceedings

• While committee reports are typically made public, the internal workings of committees lack transparency. Closed-door meetings provide an environment where party consensus can be more easily reached but may restrict public awareness of the key findings of these Committees.
• To address this issue, the National Commission to Review the Working of the Constitution in 2002 recommended that significant reports from all Parliamentary Committees be discussed in the main Parliament, especially in cases where there is a disagreement between a Committee and the Central Government.
• In contrast, some other democracies have adopted more transparent practices. For example, Canada allows Committees to broadcast their proceedings within established guidelines, dating back to 1991. During the COVID-19 pandemic, the United Kingdom provided live coverage of the Health and Social Care Committee's discussions on the country's preparedness for the pandemic, further enhancing public access to these proceedings.

Recommendations from the National Commission to Review the Constitution in 2002: It proposed several reforms for Parliamentary Committees. These reforms included the establishment of three new Committees: the Constitution Committee, the Committee on National Economy, and the Committee on Legislation. The Commission suggested that certain existing Committees on Estimates, Public Undertakings, and Subordinate Legislation might not be necessary anymore, as their functions could be absorbed by subject Committees or the newly proposed ones. However, it's worth noting that these recommendations have not been put into practice.

Conclusion

In the United States, committees are pivotal in scrutinizing Bills post-introduction, allowing for modifications before voting. India's Parliament could consider a compulsory referral of Bills to the appropriate committees after their introduction. Empowering these committees with more authority would enhance their capacity to hold the executive branch accountable, ensuring a more comprehensive and deliberative legislative process. Institutionalizing such procedures and minimizing political considerations in law-making is essential for the health of India's parliamentary ecosystem.

Source- The Hindu Business Line