Private Members’ Bills

December 31, 2024

GS Paper II Polity

During the five-year term of the 17th Lok Sabha that ended in 2024, only 9.08 hours were spent on Private Members’ Bills, while the Rajya Sabha spent 27.01 hours on them during the period, shows an analysis by PRS Legislative Research.

About Private Member’s Bill

A Private Member’s Bill is a proposed legislation introduced in Parliament by a member (from ruling or opposition party ) who is not part of the government (i.e., not a Minister).
Purpose of a Private Member Bill:
- Offers a platform for MPs to propose laws, express individual views, and highlight public issues independently of party or government directives.
- Encourages discussion and debate on important matters not prioritized by the government.
Key Features of Private Member’s Bill:
- Introduction: Can be introduced by any MP who is not a Minister.

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PRS Legislative Research

Establishment: PRS Legislative Research was founded in September 2005 as an independent, non-profit organization.
Role: PRS aims to make the Indian legislative process more informed, transparent, and participatory by providing high-quality research and analysis on legislation, budgets, and the work of Parliament to legislators, citizens, and the media.

- - A 1-month notice is required before introducing the Bill.
- Schedule: Discussed only on Fridays in both Houses of Parliament during Private Members’ Business hours.
- Content and Scope: Can address any issue within the legislative competence of Parliament.
  - It must adhere to constitutional provisions and avoid repugnancy with existing laws.
  - Money bills are considered government bills and can only be introduced by a minister and not by a Private Member.
  - Bill for the amendment of the Constitution can be introduced either by a minister or by a private member

Challenges

Low Priority: Limited time allocated (only Fridays). Often overshadowed by Government Bills.
Low Success Rate: Only 14 Private Members’ Bills have been passed and received Presidential assent since independence.
- None passed in both Houses since 1970.
Delays: Bills often wait years for discussion due to overcrowded legislative agendas.
Attendance Issues: MPs often skip Friday sessions, reducing participation.

Famous Examples of Private Member Bill

Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1970: Passed and became law, expanding the appellate jurisdiction of the Supreme Court.
The Muslim Wakf Bill, 1952: Introduced by Syed Mohammed Ahmed Kazmi and became law in 1954.
H.V. Kamath’s 1966 Bill: Proposed to amend the Constitution, limiting Prime Ministerial eligibility to Lok Sabha members. It failed to become a law.

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Proposals for Reviving Private Member’s Business

Rescheduling discussions to midweek instead of Fridays.
Allocating more time for debates.
Streamlining procedures to reduce delays in consideration.

Private Member’s Bill Vs Public (Government) Bill

Feature	Private Member’s Bill	Public (Government) Bill
Introduction	Can be introduced in either House of Parliament.	Can be introduced in either House of Parliament.
Introduced By	Any MP who is not a Minister.	A Minister of the government.
Chance of Approval in Parliament	Lesser chance of approval due to limited debate time and prioritization of Government Bills.	Greater chance of approval due to prioritization and party support.
Implication of Rejection of the Bill	No effect on the government’s position.	Indicates a lack of parliamentary confidence and may lead to government resignation.
Notice Period for Introduction	Requires one month’s notice before introduction.	Requires seven days’ notice before introduction.
Drafting of the Bill	Drafted by the MP introducing it, often without departmental assistance.	Drafted by the concerned department in consultation with the Law Ministry.
Objective	Represents the individual MP’s views or priorities.	Represents the policies and agenda of the government.
Time Allocation	Scheduled during Private Members’ Business hours, typically Friday afternoons.	Prioritized over other business in parliamentary sessions.
Historical Success	Only 14 Private Members’ Bills have become law since independence.	The majority of laws enacted are Government Bills.

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