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

  • FCRA Bill goes to a Joint Parliamentary Committee

    Why in the News

    The Foreign Contribution (Regulation) Amendment Bill, 2026 was referred to a Joint Parliamentary Committee (JPC). The referral has renewed attention on how parliamentary committees shape legislation.

    What is a Joint Parliamentary Committee?

    1. Ad hoc committee: A JPC is set up for a specific bill or inquiry and dissolves after it reports.
    2. Composition: Members are drawn from both Houses, in proportion to party strength.
    3. Recommendations: Its recommendations are advisory, not binding on the government.

    Why does the committee route matter?

    1. Scrutiny space: Committees allow detailed, less partisan examination away from the floor.
    2. Declining use: Bills referred to committees fell from about 71% in the 15th Lok Sabha to about 16% in the 17th.
    3. Delay lever: Referral can also defer a contentious bill.

    What is contested in the FCRA amendment?

    1. Foreign funding control: The Foreign Contribution (Regulation) Act, 2010 governs foreign donations to NGOs and associations.
    2. Civil society concern: Tighter rules are opposed as constraining non-governmental organisations and religious bodies.

    Conclusion

    The referral subjects a contested bill to committee scrutiny without settling it. The current status is examination by the JPC, with its report the next milestone.

    Back2Basics: Parliamentary Committees

    1. Standing committees: Permanent bodies such as the Public Accounts Committee and departmental committees.
    2. Ad hoc committees: Temporary bodies such as a JPC or a Select Committee.
    3. Financial committees: Public Accounts Committee, Estimates Committee, and Committee on Public Undertakings.

    “[2023, GS2, 15] Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalization of Indian Parliament?”

    [2018] With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation ?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

  • Taxation and Other Laws (Amendment) Bill, 2026 introduced in Lok Sabha

    Why in the News?

    The Finance Minister introduced the Taxation and Other Laws (Amendment) Bill, 2026 in the Lok Sabha to amend tax and payment laws, improve tax certainty, attract foreign investment, and support the Make in India initiative.

    Key Highlights

    • Amends the Payment and Settlement Systems Act, 2007, Income-tax Act, 2025, and Finance Act, 2026.
    • Replaces the Income-tax (Amendment) Ordinance, 2026 with a permanent law.
    • Simplifies tax exemptions for foreign companies using Indian data centres.
    • Allows leased data centres to avail tax benefits.
    • Facilitates relocation of foreign fund managers to India without creating a taxable business presence.
    • Restores dividend tax exemption for REITs and InvITs under the new tax regime.

    Other Legislative Business

    • Discussion on Demands for Excess Grants (FY 2022-23).
    • Introduction of the Appropriation (No. 3) Bill, 2026 to regularise excess government expenditure.
    • Statements on implementation of Parliamentary Standing Committee recommendations.
    • Consideration of the Bankers’ Books Evidence Bill, 2026 to modernise evidence laws for digital banking.

    Appropriation Bill

    • Authorises the government to withdraw money from the Consolidated Fund of India to meet approved expenditure.
    • Required under Article 114 of the Constitution.

    Demands for Excess Grants

    • Presented when actual government expenditure exceeds the amount approved by Parliament.
    • Examined by the Public Accounts Committee (PAC) before parliamentary approval.
    • Constitutional Basis: Article 115.

    Bankers’ Books Evidence Bill, 2026

    • Seeks to modernise legal provisions governing bank records by recognizing digital banking and electronic records.

  • MP LEAD Fellowship

    Why in News?

    The Vice President of India, Shri C. P. Radhakrishnan, addressed participants of the MP LEAD Fellowship, emphasizing ethical leadership, constitutional values, national unity, and public service.

    What is the MP LEAD Fellowship?

    • A two month internship programme initiated by Rajya Sabha MP Dr. Ajeet Madhavrao Gopchade.
    • Provides first hand exposure to Governance, Public policy, and Legislative processes
    • Aims to nurture future leaders through practical engagement with democratic institutions.
    • In 2026: 40 fellows were selected from 5,000+ applicants. 62% of the fellows are women, representing diverse regions of India.

    Key Messages by the Vice President

    • Leadership is measured by service, not authority.
    • Citizens should uphold Fundamental Duties along with Fundamental Rights.
    • Rise above region, language, caste, and narrow identities in the national interest.
    • Encouraged youth to dream big, innovate, and contribute to nation building.
    • Reiterated India’s civilisational unity: “Bharat was one, Bharat is one and Bharat will always remain one.”

    Constitutional Values Highlighted

    • Service before power in public life.
    • Unity and integrity of the nation.
    • Ethical leadership and public accountability.
    • Constitutional morality and responsible citizenship.

    UPSC Prelims Facts

    • The Vice President of India is the ex officio Chairman of the Rajya Sabha.
    • The Vice President is elected by an Electoral College consisting of members of both Houses of Parliament.
    • The office of the Vice President is provided under Articles 63 to 71 of the Constitution.
    • Fundamental Duties are listed under Article 51A.

    [2015] “To uphold and protect the Sovereignty, Unity and Integrity of India” is a provision made in the:

    [A] Preamble of the Constitution

    [B] Directive principles of State Policy

    [C] Fundamental Rights

    [D] Fundamental Duties

  • The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention?

  • The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the ‘parliamentary privileges’. How can this problem be addressed?

  • The Indian Constitution has provisions for holding joint session of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof.

  • Discuss the role of Public Accounts Committee in establishing accountability of the government to the people.

  • Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role or the Estimates Committee.

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy.

    Parliamentary committees

    Standing Committees – PAC, Estimate committee, Committee on public undertaking

    Ad-Hoc Committees – Eg- JPC

    Importance of Parliamentary Committees

    Checks and Balances – Eg- PAC examined CAG’s 2G spectrum report for irregularities.

    In-Depth Policy Analysis – Enable clause-by-clause scrutiny of Bills, which is not possible in open House debates. Eg- JPC on Data Protection Bill (2019) proposed over 90 amendments

    Reducing Legislative Workload – Committees share Parliament’s burden, ensuring thorough scrutiny without delaying legislation.

    Expert Consultation – Committees invite experts, industry, and civil society to promote evidence-based policymaking.

    Budgetary Oversight – Departmentally Related Standing Committees (DRSCs) analyse ministry budgets to ensure fiscal prudence.

    Consensus Building – Committees promote bipartisan dialogue, e.g., IT Committee built consensus on the Personal Data Protection Bill (2019).

    Public Engagement – Committees seek public and expert inputs, e.g., Standing Committee on Environment reviewed the EIA Draft Notification (2020).

    Continuity in Oversight – Committees function year-round, ensuring continuous policy review beyond parliamentary sessions.

    Bridging Knowledge Gaps – Committees enhance MPs’ expertise through research support and technical briefings.

    Role of the Estimates Committee

    Established under Rule 310 of the Lok Sabha, it has 30 Lok Sabha members and is chaired by a ruling party MP.

    Examines budget estimates to ensure efficiency, economy, and effectiveness.

    Suggests alternative policies for better fiscal management and administrative reform.

    Monitors implementation of government schemes and performance of ministries.

    Eg- Under Murli Manohar Joshi (2018), it reviewed PSU disinvestment and defence procurement, highlighting fiscal prudence.

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

  • Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.

    The Parliament of India is the temple of democracy and an MP would act as a national trustee. However, as per Former VP, Hamid Ansari, Parliament has turned into ‘chamber of anarchy’ due to declining role and productivity of members.

    Functions of MPs

    Legislative Function – Making, amending, and repealing laws.

    Deliberative Function – Debating national policies and public issues.

    Executive Oversight Function – Question Hour, motions, committees

    Financial Function – Approving the Budget, Demands for Grants, and financial bills.

    Representative Function – Voicing citizens’ concerns and constituency interests.

    Indicators of Decline in Individual Parliamentarian’s Role

    Legislative Function

    Marginalization of Private Members’ Bills – Only 14 passed since 1952.

    Lack of thorough scrutiny of bills- During the term of the 17th LS, 58% of the Bills introduced were passed within two weeks of their introduction. Eg- the J&K Reorganisation Bill, 2019

    Weak research and knowledge support – Inadequate access to legislative data and expert analysis undermines quality of debates.

    Deliberative Function

    Decline in sitting days – From 120+ days (1950s) to around 55 days in 17th LS, curtailing deliberation

    Declining attendance- In 2021, average attendance dropped to 71% in the Lok Sabha and 74% in the Rajya Sabha.

    Frequent disruptions and adjournments – During the 17th Lok Sabha, MPs were suspended on 206 instances, across both Houses of Parliament. In Winter Session 2023, 146 MPs were suspended for serious misconduct in the House.

    Party whip system – Strict control discourages independent viewpoints and policy reasoning.

    Financial Function

    Between 2019 and 2023, on average, about 80% of the budget has been voted on without discussion. In 2023, the entire budget was passed without discussion.

    Decline in budget scrutiny – Detailed examination of Demands for Grants often guillotined without debate.

    Weak engagement with financial committees – Falling participation in PAC, Estimates Committee, etc.

    Executive Oversight Function

    Question Hour functioned for 60% of scheduled time in LS and 52% in Rajya Sabha.

    Underutilized parliamentary committees – Low attendance and poor follow-up dilute scrutiny of executive performance.

    Resort to Money Bill route undermines RS. Eg- Aadhar Act

    Consequences of the Decline in Individual Parliamentarian’s Role

    Reduced Accountability – Rushing bills like the Women’s Reservation Bill, 2023 limits scrutiny and weakens executive oversight.

    Criminalization of politics – as per ADR data, 46% of MPs elected in 2024 have criminal cases pending.

    Poor Legislative Quality – Farm Laws (2020) passed with minimal debate led to backlash and repeal.

    Legislative Stagnation – Delay in passage of important bills due to disruption

    Judicial Intervention – Weak legislative performance prompts courts to step in (e.g., NGT, social justice rulings).

    Ordinance Culture – Fewer sittings have led to rising ordinances (11 in 2020), bypassing Parliament.

    Public Disillusionment – Citizens lose faith in Parliament’s deliberative and representative role.

    Democratic Imbalance – Executive consolidation weakens checks and balances, harming deliberative democracy.

    Diminishing role of opposition MPs – Reduced speaking time and political polarization undermine effective oversight.

    Way Forward-

    Increase Working Days- Eg- NCRWC (2002) recommended Parliament meet for at least 110 days a year; currently, it averages 60-70 days.

    Enhancing Parliamentary Decorum- Encourage a culture of respect, professionalism, and active participation in debates.

    Enhance Research Support for MPs- Eg- UK Parliament’s Research Service aids MPs in informed decision-making

    Engaging Responsible Opposition– allowing opposition to set agenda on lines of UK House of Commons

    Mandatory referral of Bills to Committee

    As former Vice President M. Venkaiah Naidu aptly stated, “Disorder, disruption, and delay should not replace debate, discussion, and decision, which form the edifice of parliamentary democracy.”

  • Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible.

    The Rajya Sabha, conceptualised under the Montague-Chelmsford Reforms (1918) and institutionalised by the Government of India Act, 1919, was envisioned as the Council of States-a forum of mature reflection.

    Rajya Sabha as a “Useless Stepney Tyre”

    Limited Legislative Powers – cannot initiate or amend Money Bills (Article 110)

    No Role in Government Formation – Council of Ministers is collectively responsible only to the Lok Sabha

    Joint sittings (Article 118) are dominated by Lok Sabha’s numerical majority.

    Viewed as a delaying or obstructive chamber rather than a constructive revising body.

    Cannot influence budgetary priorities or grants, diminishing its fiscal relevance.

    Factors Behind Transformation into a Useful Supporting Organ

    Rise of Coalition Politics – Need for consensus enhanced Rajya Sabha’s negotiating role.

    Federal Assertion – The rise of regional parties since the 1980s has strengthened federal politics

    Diversified Composition – Eminent professionals, academicians, and experts improved deliberation quality.

    Revitalized Committee System – Department-related committees (many chaired by RS members) improved policy scrutiny.

    Continuity and Stability – Not subject to dissolution, ensuring legislative stability and institutional memory.

    Judicial and Media Attention – Live telecast of sessions and judicial oversight improved transparency and accountability.

    Active Opposition Role – RS became a check on executive dominance during coalition and one-party phases alike.

    Areas Where Transformation is Visible

    Legislative Review and Refinement – Rajya Sabha acts as a revising chamber. Eg- Referred the GST Constitutional Amendment Bill (2014) to a Select Committee

    Federal Balance – Protects state interests against central overreach. Eg- discussed federal fiscal implications of the National Education Policy, 2020.

    Special Constitutional Powers – Can authorise creation of All-India Services (Article 312), make laws on State List (Article 249)

    Deliberative Forum – Provides in-depth, issue-based policy debates on national concerns. Eg- debates on COVID-19 management (2021)

    Accountability and Oversight – Through Question Hour, Zero Hour, and Calling Attention Motions. Eg- Rajya Sabha discussions led to clarifications on Pegasus spyware issue (2021) and farmers’ protests (2020-21).

    Voice to smaller and regional parties to represent state and sectional interests. Eg- state-specific issues such as river water disputes and fiscal devolution.

    Being a permanent chamber, it ensures institutional memory and continuity during Lok Sabha dissolutions.

    Way Forward-

    Equal representation for each state, so that large states do not dominate the proceedings. (US system)

    More debates, less disruptions- Eg – Introduce ‘whip-free debates’ for non-financial and non-confidence issues.

    Amend procedures so that laws disguised as Money Bills can be challenged and reviewed.

    NCRWC, 2002 – Called for a clear procedure for nominating eminent members under Article 80.

    Punchhi Commission (2010)– expanding the electoral college for Rajya Sabha to include panchayats and municipalities.

    As envisaged by Dr. B.R. Ambedkar, RS must act as a “safety valve of federalism”, ensuring reasoned, representative, and regionally inclusive governance in India’s democracy.