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GS Paper: GS2-06.Parliament and State Legislatures (structure, functioning, conduct of business, powers & privileges; issues therein)

  • Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples.

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy. The DRSCs, introduced in 1993, are vital to ensure continuous and informed Parliamentary control over executive.

    Composition

    Total 24 DRSCs- 16 under LS and 8 under RS.

    31 Members21 from Lok Sabha and 10 from Rajya Sabha

    Chairperson- Appointed by the Speaker of the Lok Sabha

    Tenure- nominated annually

    Role and Contribution of DRSCs

    Detailed Legislative Scrutiny – examine Bills clause by clause, preventing hasty or poorly drafted laws. Eg The IT Committee (2019) proposed key revisions to the Personal Data Protection Bill.

    Financial Oversight – scrutinise Demands for Grants and expenditure trends of ministries, ensuring fiscal prudence.

    Policy Review and Evaluation – Assess the performance of ministries and flagship schemes, suggesting reforms for better outcomes.

    Expert Consultation – Invite domain experts, civil society, and industry to facilitate evidence-based policymaking.

    Non-Partisan Deliberation – Function as bipartisan forums that foster cooperation beyond party lines.

    Continuous Oversight – Operate throughout the year, ensuring sustained monitoring even when Parliament is not in session.

    Transparency and Accountability – Their reports promote executive accountability and strengthen parliamentary control over administration.

    Knowledge Enhancement – Equip MPs with technical and subject expertise, improving legislative quality and policy insight.

    Issues-

    Transparency Concerns- Meetings held behind closed doors, with no published minutes.

    Non-binding Recommendations allow bypassing of detailed bill scrutiny.

    Limited Research Support limits committee’s ability to conduct thorough analysis and research.

    Selective Referral of Bills- During the term of 17th Lok Sabha, 19% of reports by DRSCs were on subjects other than Bills and budgets.

    One-year tenure provides limited time for members to specialize in specific areas, impacting scrutiny depth.

    Weak attendance of MPs and handling multiple ministries burdens the committee, hindering effective scrutiny and functioning.

    Way Forward-

    The National Commission to Review the Working of the Constitution (2002) recommended providing dedicated research support to committees.

    Establish a dedicated research cell for each DRSC, similar to the Congressional Research Service (CRS) in the US.

    Mandatory Response from Government within a fixed timeline (e.g., 3 months) to DRSC recommendations.

    Ensure Transparency- A “Committee Action Report” should be tabled in Parliament detailing the status of recommendations.

    The DRSCs remain crucial instruments of accountability, ensuring executive discipline and informed lawmaking.

  • Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha.

    The Vice-President of India, under Article 64 of the Constitution, is the ex-officio Chairman of the Rajya Sabha (Council of States).

    Role of the Vice-President

    Presiding Authority – The Vice-President, as ex-officio Chairman, conducts proceedings, maintains order and decorum, and ensures smooth legislative functioning.

    Regulator of Debates – Allocates time, permits discussions, and ensures equal opportunity to both treasury and opposition benches.

    Interpreter of Rules – Decides points of order and interprets parliamentary rules to maintain procedural consistency.

    Casting Vote – Does not ordinarily vote but exercises a casting vote in case of a tie, ensuring impartial decision-making.

    Promotes Deliberation – Facilitates meaningful debates and consensus-building, enabling Rajya Sabha to act as a House of Review.

    Upholds Federal Balance – Protects state interests and ensures fair representation of diverse regional perspectives.

    Encourages Transparency – Ensures proceedings are open and accessible (e.g., live telecast of sessions) to enhance accountability.

    Maintains Impartiality – Expected to act above party lines, setting high ethical standards in conduct.

    Limitations of the Vice-President Compared to the Speaker of Lok Sabha

    Does not preside over joint sittings of Parliament (Article 118).

    The Vice-President cannot suspend or expel MPs for disorderly conduct, unlike the Speaker who can act under Rules 373 and 374A.

    No Role in Money Bills under Article 110.

    No Power Over Confidence Motions

    The Vice-President as Chairman ensures that the Rajya Sabha functions as the House of sober second thought, balancing federal interests and national priorities.

  • Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalization of Indian Parliament?

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy. It is an essential mechanism of legislative oversight, promoting informed, bipartisan, and continuous accountability.

    Structure of the Parliamentary Committee System

    Standing Committees (Permanent in Nature)-

    Department-related Standing Committees (DRSCs) – 24 in number; examine Bills, budgets, and policies of ministries.

    Financial CommitteesPublic Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings (COPU).

    Housekeeping Committees – e.g., Business Advisory Committee, Committee on Subordinate Legislation, etc.

    Ad hoc Committees (Temporary in Nature)- Constituted for specific purposes – e.g., Joint Parliamentary Committee (JPC) on the 2G Spectrum Scam (2011) and Waqf Amendment Bill.

    Importance of Parliamentary Committees

    Ensuring Fiscal Accountability – Committees like PAC scrutinize CAG reports, ensuring that public funds are used efficiently and lawfully.

    Continuous Executive Oversight – They enable ongoing parliamentary supervision over expenditure, even when Parliament is not in session.

    Strengthening Audit Mechanism – The PAC’s linkage with CAG institutionalizes the audit process, reinforcing transparency in governance.

    Promoting Rational Budgeting – The Estimates Committee evaluates expenditure patterns and recommends economy and efficiency in public spending.

    Enhancing PSU Accountability – The Committee on Public Undertakings (COPU) monitors performance and financial health of PSUs, promoting corporate discipline.

    Institutional Continuity – These committees function annually, ensuring regular scrutiny beyond political cycles.

    Evidence-Based Decision Making – Reports are based on expert testimony and data, improving quality of legislative oversight.

    Non-Partisan Deliberation – Work in committees is largely bipartisan, reducing political confrontation seen in the House.

    Public Transparency – Publication of reports increases citizen awareness and reinforces Parliament’s role as a watchdog of the executive.

    Institutional Memory Building – The accumulated reports and recommendations create a repository of fiscal best practices for future governance.

    Challenges-

    Non-binding recommendations and lack of discussion on parliamentary reports

    Fewer bills referred- In the 15th Lok Sabha -71%, 16th Lok Sabha -27% and in 17th Lok Sabha -16% of the bills introduced were referred to the committees.

    Lack of specialised knowledge among members in financial and economic matters leads to superficial scrutiny.

    Bulky CAG and budgetary reports result in inadequate time for detailed examination.

    Post mortem analysis- This lowers the quality of oversight and recommendations.

    Political influence often causes biased decision-making and undermines objectivity.

    Lack of Public Awareness and Transparency- Committee proceedings are held behind closed doors.

    Way Forward

    Implement ARC & NCRWC suggestions for expert support units and public disclosure of reports.

    Enhance capacity-building of MPs on financial management.

    Make committee recommendations time-bound and mandatory for government response.

    In the words of Woodrow Wilson, “Congress in session is Congress on public exhibition, while Congress in its committee rooms is Congress at work.”

  • Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.

    Article 178 provides for Presiding Officers of state legislatures. According to Nehru,’Speaker represents dignity & freedom of house & as House represents nation, Speaker becomes a symbol of nation’s freedom & liberty.’

    Role in Maintaining Order

    Presiding Over Sessions – Conducts proceedings, enforces rules of procedure, and ensures smooth functioning of the House.

    Maintaining Order and Decorum – Eg- suspension under Rule 374A equivalent.

    Regulating Debates – Allots time to members, ensures balanced participation from treasury and opposition benches.

    Decision on Points of Order – Interprets procedural rules and resolves disputes.

    Certification Authority – Certifies Money Bills and authenticates proceedings.

    Safeguards the sanctity of legislative decision-making through accurate voting processes.

    Role in Upholding Impartiality

    Neutral Arbiter – Acts above party lines, ensuring equal treatment of all members.

    Adjudicator under Anti-Defection Law (Tenth Schedule) – Decides on disqualification of members.

    Protection of Members’ Privileges – Defends legislative freedom of speech and expression within the House.

    Guardian of Legislative Autonomy – Ensures the executive’s accountability to the legislature, maintaining separation of powers.

    Promoting Transparency – Ensures publication of debates, committee reports, and live telecast of proceedings to strengthen public trust.

    Facilitating Best Democratic Practices

    Encouraging Committee System – Strengthens Departmental Standing Committees for detailed policy review.

    Enhancing transparency and accountability – Eg- live telecast of sessions

    Training & Capacity Building of MLAs – Enhances understanding of legislative procedures and constitutional duties.

    Upholding Minority Rights – Protects the voice of opposition and smaller parties within the assembly.

    Adherence to Constitutional Morality – Ensures decisions reflect constitutional values rather than political expediency.

    Coordination with Lok Sabha & Other States – Fosters uniform parliamentary standards and best practices nationwide.

    Concerns Affecting Impartiality

    Partisan Bias in disqualification cases (e.g., Maharashtra, Manipur Assemblies, 2020-23).

    Executive Pressure in agenda-setting and session duration.

    Lack of Codified Conventions for neutrality and ethical norms.

    Absence of Independent Oversight of the Speaker’s procedural decisions.

    A truly impartial Speaker is the cornerstone of the edifice of parliamentary democracy.