Recently, Vice President Jagdeep Dhankhar described PMBs as “far-sighted” and a gold mine for legislative innovation, emphasizing their potential in deepening Indian democracy.

About Private Member’s Bills (PMBs)

• A Private Member’s Bill is introduced by an MP who is not a Minister, irrespective of party affiliation.
  • It is a Westminster parliamentary practice adopted by the Indian Parliament.
• PMBs allow MPs to express independent views and propose laws that may not be prioritized by the government.
• A one-month prior notice is mandatory for introducing a PMB.
• PMBs can address any issue within Parliament’s competence, except for Money Bills, which can only be introduced by Ministers.

Democratic and Legislative Significance of PMBs

• Legislative Diversity: PMBs provide space to raise emerging or neglected issues such as digital rights, gig economy protections, and minority rights.
• Strengthening Deliberative Democracy: They enable MPs to voice local, personal, or future-facing concerns without violating party lines.
• Check on Executive Dominance: PMBs reaffirm Parliament’s legislative role by balancing the Executive’s control over the legislative agenda.

Private Member’s Bill Vs Public (Government) Bill

History of PMBs in India

• Since Independence, only 14 PMBs have been passed into law, with the last successful passage in 1970 through both Houses.
• The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1970, is the last PMB to become law via both Houses.
• Examples of PMB :
  • Muslim Wakf Bill, 1952: Became law in 1954.
  • H.V. Kamath’s Constitution Amendment Bill, 1966: Unsuccessful but showed the range of issues PMBs could tackle.
  • Right to Disconnect Bill, 2019: Sparked national debate on mental health and work-life balance despite not being passed.
  • Rights of Transgender Persons Bill, 2014: Passed in the Rajya Sabha; influenced the 2019 Transgender Persons (Protection of Rights) Act.
• Recent Trend: The 18th Lok Sabha has seen 64 PMBs introduced so far, but none discussed, mainly due to disruptions and prioritisation of government business.

Roadblocks to Private Member’s Bills in India

• Institutional Constraints: The Anti-Defection Law (52nd Amendment, 1985) curtails MPs’ independence, especially from ruling parties, limiting legislative innovation.
• Procedural Marginalisation: PMBs are scheduled only on Fridays, which are often lost to disruptions, adjournments, or government priorities.
  • The 17th Lok Sabha allocated 9.08 hours to Private Members’ Bills, while the Rajya Sabha allocated 27.01 hours, according to PRS Legislative Research. 
  • These allocations were a small fraction of the total session hours in both houses.
• Low Success and Visibility: PMBs rarely translate into electoral benefits or media coverage, reducing incentives for MPs.
  • For example the 17th Lok Sabha (2019–2024) witnessed 729 PMBs introduced in the Lok Sabha and 705 in the Rajya Sabha, yet only 2 and 14 respectively were discussed.
• Executive Dominance: Government Bills dominate the schedule, leaving PMBs sidelined and under-discussed.
  • For example, Only one Friday in the 2024 Budget Session was used for Private Member’s Business (PMB), and even that was limited to a resolution.
• Resource and Research Deficit: MPs lack legal and research support for drafting high-quality Bills, unlike the extensive support enjoyed by government ministries.

Global Practices for Private Member Bill

• United Kingdom : The Ten Minute Rule procedure in the House of Commons of the United Kingdom for the introduction of private member’s bills in addition to the 20 per session normally permissible.
  • It allows introduction and documentation without requiring full debate slots.
  • MPs can introduce a Bill with a 10-minute speech, followed by a counter speech.
  • The Ten Minutes is granted in the prime slot ( except on Budget Day )
• Canada : PMBs are introduced via a ballot system, ensuring fair and scheduled time slots.
  • Private members  receive official drafting and research support, improving the quality and viability of proposed laws.
• Australia: PMBs are allowed in both Houses and often debated seriously.
  • Australia has a history of passing PMBs, particularly on social issues such as  Euthanasia Laws Bill 1996, showing their potential impact when supported institutionally.

Way Forward

• Dedicated slot: Amend Rules of Procedure to protect Friday slots only  for PMBs, allowing exceptions only in national emergencies.
• Dedicated Institutional Mechanisms: Establish a PMB Standing Committee to evaluate Bills for relevance, constitutionality, and public importance.
  • Prioritise high-impact or bipartisan PMBs for guaranteed debate and possible passage.
• Extend Parliamentary Hours: Increase working hours by 1–2 hours daily to accommodate both government and private business without conflict.
• Provide Legislative Assistance: Offer MPs research and legal drafting support through bodies like PRS Legislative Research or a dedicated Parliamentary Counsel Office.
• Explore Midweek Scheduling: Shift or extend PMB discussions to midweek to reduce disruption risks and increase attendance.
• Foster Cultural Change: Promote legislative independence and reduce blind adherence to party lines, especially in matters of social and developmental importance.
  

Conclusion

Private Member’s Bills play a vital role in India’s parliamentary democracy. They foster legislative innovation, reflect constituency-driven governance, and democratize the law-making process beyond the executive’s agenda.

As India heads into an era of post-delimitation parliamentary expansion, revitalizing the PMB process is essential to ensuring that Parliament remains a forum for diverse, deliberative, and democratic law-making.

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