Parliamentary committees play a crucial role in managing the complex functions of the Indian Parliament. They streamline legislative processes and ensure effective oversight of government operations. This article explores various types of committees, including Departmental Standing Committees, Ethics Committees, and Privileges Committees, highlighting their functions and significance. Understanding these committees is essential for grasping how Parliament maintains its integrity and efficiency.
Parliamentary Committees in India
Departmental Standing Committees
- Overview of Departmentally Related Standing Committees: There are 24 Departmentally Related Standing Committees covering under their jurisdiction all the Ministries/ Departments of the Government of India.
- Composition of Committees: Each of these Committees consists of 31 Members – 21 from Lok Sabha and 10 from Rajya Sabha to be nominated by the Speaker, Lok Sabha and the Chairman, Rajya Sabha, respectively.
- Term of Office: The term of Office of these Committees does not exceed one year.
- Role of the Business Advisory Committee: The Business Advisory Committee controls the House’s schedule.
- Classification of Legislation: Legislation is classified, and the Private Members Committee allots time for debate on private member bills and resolutions.
- Modifications to House Rules: The Rules Committee recommends modifications to the House’s rules if necessary.
- Review of Leave Requests: Requests for leave made by members of the houses are reviewed by the Committee on Members’ Absences.
Some key functions of the 24 Departmental Standing Committees are as follows
- Review and Analysis of Demand for Grants: They review and analyze the demand for grants of the relevant ministries, but they cannot propose any cut-motion.
- Examination of Bills: They examine the bills presented by the concerned ministries.
- Scrutiny of Annual Reports: They scrutinize the annual reports of the ministries.
- Consideration of Policy Documents: They consider policy documents presented by the ministries before both houses of Parliament.
- Limitations on Involvement: It’s important to note that these committees do not typically involve themselves in day-to-day administration or interfere with matters taken up by other departmental standing committees.
- Nature of Recommendations: Their recommendations are advisory in nature and are not binding on Parliament.
Committee to Scrutinize and Control
- Committee on Government Assurances: This committee evaluates the extent to which promises, guarantees and undertakings made by ministers in the Lok Sabha were fulfilled.
- It has 15 MPs in the Lok Sabha and 10 in the Rajya Sabha.
- Committee on subordinate legislation: This committee reviews whether the executive branch properly utilizes its powers to create regulations, rules, sub-rules, and bylaws conferred by Parliament or the Constitution.
- Committee for the validity of papers on the table: This committee assesses the constitutionality and conformity of any paper presented by ministers.
- It has 15 MPs in the Lok Sabha and 10 in the Rajya Sabha.
- Committee for the welfare of SCs and STs: This committee comprises 30 members, with 20 in the Lok Sabha and 10 in the Rajya Sabha.
- Reports from the National Commission for SCs and the National Commission for STs are presented to this committee.
- Committee on Women’s Empowerment: The National Commission on Women’s Report is reviewed by this committee.
- Joint Committee on Office of Profit: This committee examines the composition and character of committees and other bodies appointed by federal, state, and union territory administrations and provides recommendations on whether or not individuals serving on these bodies should be barred from running for Parliament.
Consultative Committee
- Purpose of Consultative Committees: Consultative Committees are established to collaborate with government departments or ministries.
- Meetings and Discussions: Members of these committees, including Ministers, hold informal meetings to discuss policies and programs and their implementation processes.
- Appointment of Committees: The Ministry of Parliamentary Affairs appoints these committees.
- Membership Size: The committee can have a minimum of 10 members and a maximum of 30.
Joint Parliamentary Committees
- Formation of Joint Parliamentary Committees: Joint Parliamentary Committees (JPCs) can be formed for various purposes, including examining specific bills or investigating financial irregularities.
- Composition of JPCs: These committees consist of members from both Houses of Parliament.
- Evidence Collection: JPCs can seek evidence from experts, governmental entities, associations, individuals, or interested parties.
- Contempt of the House: Witnesses who fail to appear before a JPC in response to a summons may be held in contempt of the House.
- Appointment Process: JPCs are appointed by the House, the Speaker, or the Presiding Officers of both Houses on an ad hoc basis.
- Examples of JPCs: Some examples of JPCs include the Committee on the Welfare of Scheduled Castes and Scheduled Tribes, the Committee on Offices of Profit, and the Committee on Empowerment of Women.
- Specific Issue Committees: There are also committees focused on specific issues within Parliament, such as the Library Committee, the Committee on Food Management in Parliament House Complex, and the Committee on Installation of Portraits/Statues of National Leaders and Parliamentarians in the Parliament House Complex.
- Committee on Security Matters: There is a Committee on Security Matters in the Parliament House Complex.
Self-Regulation of Parliament
- Purpose of Parliamentary Committees: Parliamentary Committees serve as a means to handle a variety of issues that are too voluminous for the parliament to handle on its own.
- Role Beyond Law-Making: Their role extends beyond just law-making and is crucial in the day-to-day functioning of the House.
- Importance of Orderly Discussions: The Parliament conducts all of its important tasks through discussions, which must be conducted in an orderly and meaningful manner for the Parliament’s functions to be carried out smoothly and with dignity.
Ethics Committee
- Origin of the Ethics Committee Concept: The concept of an Ethics Committee in the Indian Parliament can be traced back to the 1990s when concerns arose about the conduct of certain Members of Parliament (MPs).
- Resolution at the Presiding Officers Conference: In 1996, during the Presiding Officers Conference held in New Delhi, a resolution was adopted urging legislatures to explore the possibility of establishing Ethics Committees.
- Formation of Ethics Committees: This resolution paved the way for the formation of Ethics Committees in both the Lok Sabha (Lower House) and the Rajya Sabha (Upper House).
Ethics Committee in Rajya Sabha
- Establishment: The Ethics Committee in the Rajya Sabha was the first to be established, on March 4, 1997, by the then Chairman of the Rajya Sabha, K.R. Narayanan.
- Mandate of the Committee: The Committee’s mandate was to oversee the moral and ethical conduct of MPs and to examine cases of misconduct referred to it.
Ethics Committee in Lok Sabha
- Establishment: The Lok Sabha took a few years longer to establish its Ethics Committee.
- An ad-hoc Ethics Committee was constituted in 2000 by the then Speaker, G.M.C. Balayogi, to deal with specific cases of misconduct.
- Formation of Permanent Ethics Committee: However, it was only in 2015 that a permanent Ethics Committee was formed in the Lok Sabha.
- Role and Functions of Ethics Committees: The Ethics Committees in both Houses play a crucial role in upholding the ethical standards of MPs. They are empowered to investigate allegations of misconduct, including but not limited to:
- Misuse of parliamentary privileges
- Financial irregularities
- Breach of trust
- Unparliamentary conduct
- Disciplinary Actions: The Committees can also issue reprimands, recommend disciplinary action, or even recommend expulsion from Parliament in severe cases.
Significance of Ethics Committees
- Importance of Ethics Committees: The Ethics Committees play a vital role in preserving the integrity of the Indian Parliament.
- Watchdog Function: They act as a watchdog, ensuring that MPs conduct themselves in a manner that is befitting of their position and upholds the trust reposed in them by the electorate.
- Impact on Public Confidence: The Committees’ actions have helped to deter misconduct and maintain the public’s faith in the institution of Parliament.
- Important Cases
-
- The Cash-for-query Scam: In 2005, the Ethics Committees of both Houses investigated allegations that Members of Parliament had been paid to ask questions in Parliament.
- Ten Lok Sabha MPs and one Rajya Sabha MP were found guilty of misconduct and were expelled from Parliament.
- The Tehelka Sting Operation: In 2001, the Ethics Committee of the Lok Sabha investigated allegations that Members of Parliament had accepted bribes from journalists.
- The Committee found that several Members of Parliament had engaged in corrupt activities and recommended that they be expelled from Parliament.
- The 2G Spectrum Scam: In 2012, the Ethics Committee of the Lok Sabha investigated allegations that the then-Minister of Telecommunications had misused his powers to allocate 2G spectrum licenses to favored companies.
- The Committee found that the Minister had engaged in misconduct and recommended that he be removed from the Cabinet.
- The Cash-for-query Scam: In 2005, the Ethics Committees of both Houses investigated allegations that Members of Parliament had been paid to ask questions in Parliament.
Privileges Committee
- Overview: The Privileges Committee of Parliament investigates allegations of breach of privilege of the House or its members. It is one of the Standing Committees of Parliament.
- Composition: The Committee of Privileges consists of 15 members in the Lok Sabha (Lower House) and 10 members in the Rajya Sabha (Upper House).
- The Speaker (in Lok Sabha) or the Chairman (in Rajya Sabha) nominates the members of the Committee from among the members of the House.
- Functions: The main function of the Privileges Committee is to examine every question involving a breach of privilege of the House or of its members and to recommend appropriate action. The Committee has the power to:
- Summon witnesses and examine them on oath
- Call for documents and papers
- Visit any place connected with the inquiry
- Punish any person for contempt of the Committee
Types of Breach of Privilege
There are two main types of breach of privilege:
- Breach of Privilege of the House: This is any act that obstructs or impedes the House in the performance of its duties.
- Examples:
- Refusing to give evidence to a parliamentary committee
- Publishing false or misleading reports of parliamentary proceedings
- Interfering with the free passage of members to or from the House
- Examples:
- Breach of Privilege of a Member: This is any act that reflects on the character or conduct of a member, or that interferes with the member’s discharge of their parliamentary duties.
- Examples:
- Assaults or threats of violence against a member
- Defamatory statements about a member
- Imputations of corruption or dishonesty against a member
- Examples:
Procedure and Functions of the Privileges Committee in Parliament
- Raising a Question of Privilege: A question of privilege may be raised by any member of the House.
- Referral to the Privileges Committee: If the Speaker or Chairman is satisfied that there is a prima facie case of breach of privilege, they will refer the matter to the Privileges Committee.
- Investigation by the Committee: The Committee will then investigate the matter and submit a report to the House.
- Actions Taken by the House: The House may then take any action it deems fit, including:
- Issuing a reprimand
- Suspending the member from the House
- Expelling the member from the House
Importance of the Privileges Committee
- Role of the Privileges Committee: The Privileges Committee plays an important role in upholding the dignity and authority of Parliament.
- Upholding Dignity and Authority: It ensures that members of the public and other bodies treat Parliament and its members with respect.
- Protection of Members’ Rights and Privileges: The Committee also protects the rights and privileges of members, so that they are able to carry out their parliamentary duties without fear or favor.
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Conclusion
In summary, parliamentary committees are vital for the smooth functioning and accountability of the legislative process.
- They not only scrutinize government actions but also uphold ethical standards among Members of Parliament.
- By providing checks and balances, these committees ensure that Parliament operates with integrity and serves the public effectively. Their recommendations, while advisory, greatly influence policy-making and governance in India.
