Context: Recently, the Subordinate Legislation Committee of Rajya Sabha has observed that the Union government is delaying the framing of rules for the Acts passed by Parliament.
Key Findings of the Committee
- Recurring Phenomenon: Delaying the framing of rules has become a recurring phenomenon for the Union Ministries.
- High Pendency of Acts: Acts have still pending for many years, notwithstanding the time restriction for framing subordinate legislation and the Committee’s recommendations.
- Leads to Inaction: Defeats the very purpose of enactment of the Acts as the Acts cannot be operated without the Rules/Regulations.
- Earlier Precedent: By citing its 1971 report, the Committee said that if the rules were not framed within six months, the Secretary should inform the Minister concerned and obtain his orders.
Various Supporting Examples from the Committee
- The National Food Security Act of 2013: Even after the Act came into force about ten years ago, the Rule-making process had been stuck up, especially on the part of State Governments.
- Delhi, Rajasthan, and Uttarakhand are yet to complete the process.
- The rules of Arbitration and Conciliation (Amendment) Act: Four years had lapsed without any progress, it could adversely affect the international business community to invest in India.
- The Petroleum and Natural Gas Regulatory Board (PNGRB) Act 2006: Concerns were raised over the delay in framing the rules by this Ministry.
- On the Department of Higher Education: Subordinate legislations of the Sikkim University Act, 2006; the Tripura University Act, 2006; the Indira Gandhi National Tribal University Act, 2007; and the Central University Act, 2009 have not been tabled yet.
About the Framing of Rules
- An Executive Responsibility: Framing the rules is a duty of the Executive.
- Evaluation of the Government Orders: Each House of Parliament has a Committee on Subordinate Legislation to examine Rules, Regulations, and government orders in detail.
- The detailed guidelines are mentioned in the Manual of Parliamentary Procedures that is issued by the Ministry of Parliamentary Affairs.
- Time Frame: It is supposed to be done within six months of passing the Act, and the government must table the rules of an Act in Parliament.
- Provision of Extension: An extension may be granted for a maximum period of three months at a time. However, the reason needs to be stated.
About the Subordinate Legislation Committee of Rajya Sabha
- Constitution: The Committee shall consist of fifteen members nominated by the Chairman.
- Chairman of the Committee: He/she shall be appointed by the Chairman from amongst the members of the Committee, provided that if the Deputy Chairman is a member of the Committee, he/she shall be appointed.
- Exercise of a Casting Vote: The Chairman of the Committee shall not vote in the first instance but in the case of an equality of votes on any matter.
- Quorum: To constitute a meeting of the Committee, the quorum shall be five.
- Mandate: To scrutinize and report to the Rajya Sabha whether the delegated powers to make Rules, Regulations, By-laws, Schemes, and other statutory instruments given to the Executive by the Parliament, are being properly exercised.
- Regulation of Procedure: The Committee shall determine its own procedure concerning all matters connected with considering any question of subordinate legislation in the Committee.
News Source: The Hindu
December 19, 2023
