Parliament

• Functions
o Enactment of legislation
• Highest deliberative forum
o Representation
• Represents the will of the people
o Ensures accountability of the executive
o Electoral
• Election of the President and the Vice President
o Financial
• Annual Financial Statement
• Tax by the authority of law
• Expenditure charged on CFI requires sanction
• Financial Emergency only after Parliamentary approval.
o Judicial
• Impeachment of President, VP, SC/HC Judges.
• Challenges: 3Ds: Debate, Dialogue, Dissent
o Average number of sittings has come down from 103 (1952) to 56 (2022)
o Time lost has gone up from 5% (1985) to around 30% now.
o Lack of debates
• 103rd CAA (EWS) passed without any debate.
o Drastic reduction on time spent on budget discussion
• Kangaroo, Guillotine
o No private member bill has been passed since 1970 (Total only 14)
o Weak committee system.
o Women representation = 14.4% (South Asia including Pakistan >12%, Global around
14%)
o Disruption (Obstructionism) added on to the three D's.
• Ability to debate--> Ability to shout.
o Corruption and criminalization.
o Ineffective youth parliament.
• Underlaying causes of above challenges
o Anti defection law discourages votes according to conscience
o Lack of recorded voting reduces accountability
o Speaker-party affiliation manifests in partisan behaviour
o Lack of calendar gives full discretion to the government.
• Reforms:
o Ethical
• Conde of Conduct for MP's (Nolan Committee)
• Strengthening of Ethics committee
• Penalty for unruly behaviour.
o Logistical
• Proper training
• Minimum number of days
§ Rajya Sabha - 100 days
§ Lok Sabha - 120 Days
• Linking salaries to the performance
o Political Parties:
• Pre-poll coalition (2nd ARC)
§ Midterm realignment must seek fresh mandate
• Constructive vote of No confidence
§ Overthrow only if majority supports prospective successor.

Parliamentary Committee
 • Why do we need committees?
o Detailed scrutiny (Parliament does not have that much time)
o Important for building consensus
o Can accommodate diverse stakeholders along with public feedback.
o Unlike parliament, they function through out the year.
o They enforce accountability on executive
• Public accounts committee
• DRSC
• Why India does not have an effective committee system?
o Not all bills are being referred to the committees
• 60% (14th LS), 70% (15th LS), 30% (16th LS)
o Low attendance
o Yearly membership doesn’t allows for specialization
o Lack of training and support staff
• Should they be open to public?
o Yes: It will enhance their accountability and make public politically literate.
o No: Closed doors discussions required for free and fair debate and on sensitive issues.
• Way Forward:
o UK model of mandating all bill be referred to the committees
o Full time sector specific research staff be made available
o There should be a law for the appointment to the committees
o Increasing tenure to allow specialization
o NCRWC has recommended committees on Constitutional Amendment Bills and
National Ecnomoy.

Role of Speaker:
• Securing the neutrality of the Speaker is a question that experts in India have been
grappling with for 60-plus years. A watchful Parliament forms the foundation of a
well-functioning democracy. The presiding officers of Parliament are the key to
securing the effectiveness of this institution. The MPs look to them to facilitate
debate, protect their rights and uphold the dignity of Parliament.
• How is the position of Speaker in Britain?
o In Britain, the promise of continuity in office for many terms is used to ensure
the Speaker’s impartiality. By convention, political parties (usually) do not
field a candidate against the Speaker at the time of general elections. And the
Speaker can continue in office, until deciding otherwise. By convention, the
Speaker also gives up the membership of his/her political party.

What is the role of the Speaker in India?

• Presiding Officer: Maintains order and decorum in the House, and ensures that the
proceedings are conducted in accordance with the rules and procedures.
• Decision-making: The Speaker decides on the admissibility of questions, motions,
and amendments, and also decides on the allocation of time for discussions and
debates.
• Committee Formation: The Speaker appoints the members and chairpersons of
various parliamentary committees, such as the Committee on Public Accounts, the
Committee on Estimates, and the Committee on Privileges.
• Casting Vote: In case of a tie during a voting, the Speaker has the power to cast the
deciding vote.
 • Disqualification of members: The Speaker has the power to disqualify a member of
the Lok Sabha on the grounds of defection, misconduct, or violation of parliamentary
rules.
• Maintenance of Order: The Speaker has the power to suspend or expel a member
who violates the rules of the House or behaves in a disorderly manner.
• Parliamentary Affairs: The Speaker is responsible for the administration of the Lok
Sabha, including the preparation of the annual budget, allocation of funds, and the
recruitment of staff.

Hence we can see that the Speaker of the Lok Sabha plays a crucial role in ensuring the
smooth functioning of the parliament and maintaining the integrity of the democratic process
in India.

What are the mechanisms to ensure the neutrality of Speaker in India?

• His salaries and allowances are fixed by Parliament. They are charged on the
Consolidated Fund of India
• His work and conduct cannot be discussed and criticised in the Lok Sabha except
on a substantive motion.
• Powers of regulating procedure or conducting business or maintaining order in the
House are not subject to the jurisdiction of any Court.
• Only exercise a casting vote in the event of a tie. This makes the position of
Speaker impartial.
• He is given a very high position in the order of precedence. He is placed at seventh
rank, along with the Chief Justice of India

Issues associated with speaker

• With no security in the continuity of office, the Speaker is dependent on his or
her political party for re-election.
• The Anti-Defection Law assigns the responsibility of deciding whether a member
should be disqualified to the Speaker, who has significant discretion. However, this
discretion has often been exploited by the ruling party to eliminate dissenting voices.
• Determination of money bill: It has been criticised for certifying bills such as
Aadhaar Bill etc. as Money Bill, though it may not have met the strict criteria laid out
in the Constitution.
• It is common for Indian Speakers to have occupied ministerial roles shortly
before or after their term. As a result, even if there is no evidence to substantiate
such allegations, it is not unexpected for Speakers in India to be accused of
partisanship.
• The challenge posed by coalitions is twofold.
o Firstly, the growing number of parties has led to a reduction in the amount of
time each party has to articulate its interests during discussions.
o Secondly, there has been a decline in the frequency of annual sittings of
Parliament/Legislatures.
o Rise in the number of political parties and varied political interest has made it
harder for the Speaker to find consensus between members on use of
disciplinary powers
• Unparliamentary conduct: Members seek to use unparliamentary means such as
disruptions etc. for attaining the indulgence of the Speaker.
So it is advisable to do the following:
• Implementation of the UK rule of giving up party memebrship.
• The responsibility of the Speaker in dealing with defections, splits, and mergers
should be assigned to an impartial entity such as the Election Commission or a
neutral body outside the legislature.
• To ensure a smooth and uncontested re-election process, it is recommended to
establish a tradition of re-electing the Speaker without any opposition.
• Bar on future political offices except President and Vice President.

Anti Defection Law

The anti-defection law provides for disqualification of a legislator if he votes contrary to the party
whip. As a result, members are compelled to obey the party whip, in order to avoid losing their seat
in the House.
• Provisions
o The Tenth Schedule also known as Anti-defection Law, was inserted in the
Constitution in 1985, by the 52nd Amendment Act.
o It lays down the process by which legislators may be disqualified on grounds of
defection by the Presiding Officer of a legislature based on a petition by any other
member of the House.
o It seeks to provide a stable government by ensuring the legislators do not switch
sides.
o The law applies to both Parliament and state assemblies.
• Disqualification under ADL
o Members
• If the member voluntarily gives up the membership of the party, he shall be
disqualified
• If a legislator votes in the House against the direction of his party and his
action is not condoned by his party, he can be disqualified.
o Independent Members: He becomes disqualified to remain a member of the House
if he joins any political party after such election.
o Nominated Members: If he joins any political party after the expiry of six months
from the date on which he takes his seat in the House.
• Exceptions:
o Legislators may change their party without the risk of disqualification in certain
circumstances:
o If there is a merger between two political parties and two-thirds of the members of a
legislature party agree to the merger, they will not be disqualified.
o If a person is elected as the speaker of Lok Sabha or the Chairman of Rajya Sabha
then he could resign from his party and re-join the party once he demits that post.
• Issues with ADL
o The law raises questions on the role of a legislator.
• It restrains legislators from expressing their conscience in the House.
• It breaks the link of accountability between the voter and the elected
representative.
• It disturbs the balance of power between the executive and the legislature, by
constraining the ability of a member to hold the government accountable.
• It leads to major decisions in the House being taken by a few party leaders
and empowers party leaders to compel legislators to vote as per their
instructions.
o Role of the speaker
 • No time frame to take decision
• Partisan role of the same.
o Misuse of voluntarily giving up the membership provision
• Even without formally resigning, speakers have inferred this from the
conduct.
o Does not applies to pre poll alliances
o Cant prevent mass defections
o Has killed the practice of private member bills
• Way Forward:
o Dinesh Goswami Committee (1990): ADL should be decided by the
President/Governor by Election Commission.
o Law commission recommended the removal of Exemption for merger.
o NCRWC: There should be a bar on defectors holding public office (91st CA, 2003)
o Hashim Abdul Halim committee recommended defining clearly "Voluntarily giving
up"

Upper House

1919 – Montagu Chelmsford reforms – Council of States – 1954 (RS)

4th Schedule - Number of Seats in RS:
Role of Rajya Sabha
• Federal linking institution
• Review + re evaluation of proposals
• Deliberation
• Vulnerable representation (∵ PR’ Sys)
• Nomination of Expert members
• Tax subjective from state to union List (Art 249)

Should Rajya Sabha have equal representation for all states ? like (US) Oh YES!
• Because Lok Sabha is already linked to Population therefore no need.
• 9 states have only 1 seats.
• 10 states take up 70% of the seats.
• Resolution under Article 249 can be passed even if bottom 14 states oppose
• This step was also recommended by Punchhi Commission .
ISSUES
• No equal representation of the states
• Lok Sabha can juggernaut through Rajya Sabha as it has double membership
• It can be bypassed by the Money Bill mechanism
• Domicile diluted removed in 2003
o Not rep of State’s socio economic conditions
o Not aware of ground realities
o Allegiance to Pol Parties
Delimitation Commission

Central government has constituted the Delimitation Commission for the purpose of
delimitation of Assembly and Parliamentary constituencies in the Union territory of Jammu and
Kashmir and the States of Assam, Arunachal Pradesh, Manipur and Nagaland.

Delimitation literally means the act or process of fixing limits or boundaries of territorial
constituencies in a country or a province having a legislative body. The job of delimitation is
assigned to a high power body. Such a body is known as Delimitation Commission or a
Boundary Commission.

Under Article 82, the Parliament enacts a Delimitation Act after every Census which establishes
a delimitation commission. Under Article 170, States also get divided into territorial
constituencies as per Delimitation Act after every Census.

In India, such Delimitation Commissions have been constituted 4 times – in 1952, 1963, 1973
and 2002. In 2002, the 84th Constitutional Amendment was used to freeze the process of
delimitation for Lok Sabha and State assemblies till at least 2026. As a result, the Delimitation
Commission could not increase the total seats in the Lok Sabha or Assemblies. It may be done
 only after 2026. This had led to wide discrepancies in the size of constituencies, with the largest
having over three million electors, and the smallest less than 50,000.

Issues arising out of Unequal Representation

o The present delimitation, based on 2001 census, has been undertaken after 30 years. The
population has increased by almost 87% and the nature of constituencies in the country, by
and large, had become malapportioned.
o Dilution of the principle of “One Citizen One Vote”- e.g. the average MP from Rajasthan
represents over 30 lakh people while the one in Tamil Nadu or Kerala represents less than 18
lakh. Increasing burden on the Representatives- An MP today represents more than four times
the number of voters than what an MP did in 1951-52, when the first general elections were
held
o Don’t include changing dynamics-In 1988, the voting age was lowered from 21 to 18 via
61st Amendment Act. This led to a substantial increase in the size of each constituency.
Further, Migration to urban or industrialized areas has made such increase skewed in
direction and intensity.
o The perception of one region controlling the others or ignoring cultural and social
aspirations may invoke popular agitations. Also it creates a divide of politically important vs.
unimportant states for the political parties. It also creates demand for smaller states.

Implications if the limitation freeze is lifted

o Concerns of family planning remains- where the states will be apprehensive towards such
measures as it may reduce their seats in Parliament.
o Control of Presiding Officers of House- who find it extremely difficult to conduct the
proceedings of the House. Their directions and rulings are not shown proper respect, and
disruptions of proceedings aggravate the problem. The sudden increase in numbers will
further aggravate this matter.
o Working of the house- It will be subjected to severe strain because the hourly window for the
Zero Hour, Question Hour etc. will be too small for increased members.

Office of Profit

The term is not defined in the Indian Constitution. Both parliament and State Legislatures can
amend the list of offices kept out side the purview of OOP.

Parliament made THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT,

1959

o Advantages of OOP
• Enables the Separation of Power
• Ensures the independence of MPs/MLAs
• Removes Conflict of Interest.
o Rules for determination of OOP
• Pradyut Bordoloi Vs Swapan Roy (2001)
§ Govt controls appointment, removal
§ Office has remuneration
§ Body in which office is held has any executive functions
• Allot land, release money, licenses
§ Office enables holders to influence by way of patronage.
• Jaya Bachchan Case
§ Whether Post capable of yielding profit
§ The person actually receives allowances or not is immaterial.
o Way Forward:
 • UK practice of designating whether an office is OOP or not at the time of creation of
office.
• Government undertaking distributing/controlling funds should be OOP.
• MPLADs/MLALADs be abolished.

Concept of Privileges and types of Privileges

The Constitution (under Art. 105 for Parliament, its members & committees /Art. 194 for State
Legislature, its members & committees) confers certain privileges on legislative institutions and their
members to:
• Protect freedom of speech and expression in the House and insulates them against litigation
over matters that occur in these houses
• Protect against any libel through speeches, printing or publishing
• Ensure their functioning without undue influence, pressure or coercion
• Ensure sovereignty of Parliament

Currently, there is no law that codifies all the privileges of the legislators in India.

Privileges are based on five sources: i) Constitutional provisions ii) Various laws of parliament (iii)
Rules of both the houses iv) Parliamentary conventions v) Judicial interpretations.

Whenever any of these rights and immunities is disregarded, the offence is called a breach of privilege
and is punishable under law of Parliament. • However, there are no objective guidelines on what
constitutes breach of privilege and what punishment it entails.

Types of Privileges
• Collective
o Exclude strangers from proceedings. Hold a secret sitting of the legislature
o Freedom of press to publish true reports of Parliamentary proceedings. But, this does
not in case of secret sittings
o Only Parliament can make rules to regulate its own proceedings
o There is a bar on court from making inquiry into proceedings of the house (speeches,
votes etc.)
• Individual
o No arrest during session and 40 days before and 40 days after the session. Protection
available only in civil cases and not in criminal cases
o Not liable in court for any speech in parliament
o Exempted from jury service when the house is in session.

Challenges with respect to privileges

• Conflicts with FR-> judiciary intervenes on the basis of arbitrariness.
• Against 'Constitutionalism' or doctrine of limited powers. Absence of codified privileges
gives unbridled power to house to decide when and how breach of privilege occurs.
• Discredits separation of powers, as speaker acts as complainant, advocate and the judge.
Penal action in cases of breach of privileges unwarranted, unless there is an attempt to
obstruct the functioning of the house or its members.
• The 'sovereign people of India' have restricted right to free speech while 'their representatives'
have absolute freedom of speech in the houses. Courts must revisit earlier judgments to find
right balance between Fundamental Rights of the citizens and privileges of legislature.
• Invoked on grounds of defamation by individual members, while judicial remedy available
under defamation and libel law.
 • The decisions of the speaker may be influenced by his/her political affiliations.
• US has abolished the penal provisions while UK has abolished the privileges altogether.

Way forward:
• Constituent Assembly envisaged the system of uncodified privileges based on British House
of Commons, as only temporary. Therefore, there is a need for proper codification of
privileges. E.g. Australia passed Parliamentary Privileges Act in 1987, clearly defining
privileges, the conditions of their breach and consequent penalties.
• The decisions of the speaker may be influenced by his/her political affiliations. Therefore, the
trial must be conducted by a competent, independent and impartial tribunal.
• Must only be invoked by legislature when there is "real obstruction to its functioning". Breach
of privilege invoked for genuine criticism of members of the house or due to political
vendetta, reduces accountability of elected representatives.

Code of Conduct
• Rajya Sabha has CoC since 2005, Lok Sabha Doesn’t have any CoC
• Rajya Sabha CoC
o Public interest should over ride private interest in case of a conflict.
o MP's should guard against conflict of interest (members and families)
o Should not participate in debates where there is direct conflict.
• Never to accept any fee, remuneration, benefit for vote/bills/ resolution.
• Rule 293: Register of members interest.
o Formed as per ethics committee
o RTI accessible

Legislative Councils

• Constitutional Provisions:
o Article 168 of the Constitution of India deals with the creation of Legislative
Councils in the states. It states that the Parliament may, by law, provide for the
establishment of a Legislative Council in a state if the Rajya Sabha, by a resolution
supported by two-thirds of the members present and voting, passes a resolution to that
effect.
o Article 171 of the Constitution of India deals with the composition of the Legislative
Councils. It states that the Legislative Council of a state shall consist of not more than
one-third of the total strength of the State Legislative Assembly, and not less than 40
members. The members of the Legislative Council are indirectly elected by the
members of local bodies, such as municipalities and panchayats.
• Why They Have Been in News:
oThere has been a debate over the relevance of Legislative Councils in India. Some
people argue that they are an outdated institution that has no place in a modern
democracy. Others argue that they play an important role in providing checks and
balances on the power of the State Legislative Assembly.
o Another factor is the proposal to abolish Legislative Councils in some states. For
example, the government of Uttar Pradesh has proposed to abolish the Legislative
Council in the state.
• Arguments in favor of the relevance of Legislative Councils:
o They can provide a more deliberative forum for lawmaking.
• The State Legislative Assembly is often seen as being too focused on short-
term political considerations, while the Legislative Council can provide a
more long-term perspective.
 • For example, the Legislative Council in Karnataka played a key role in the
passage of the Karnataka Education Act, 1983, which introduced a number of
reforms to the state's education system.
o They can represent the interests of different sections of society, such as the
Scheduled Castes and Scheduled Tribes, who may be underrepresented in the
State Legislative Assembly.
• For example, the Legislative Council in Bihar has a number of seats reserved
for Scheduled Castes and Scheduled Tribes. These seats ensure that these
communities have a voice in the state legislature.
o They can provide a forum for debate and discussion on important issues, which can
help to improve the quality of legislation.
• For example, the Legislative Council in Uttar Pradesh held a number of
debates on the issue of land acquisition, which helped to shape the state's land
acquisition policy
• Arguments against the relevance of Legislative Councils:
o They can be seen as an undemocratic institution, as they are not directly elected by
the people.
o They can be seen as a waste of money, as they add an extra layer of bureaucracy to
the state government.
o They can be seen as being ineffective, as they often have limited powers.

Reservation for women in politics

What is Women Reservation Bill ?

• The Women’s Reservation Bill proposes to reserve 33% of seats in the Lok Sabha and State
Legislative Assemblies for women.
• Features:
• The allocation of reserved seats shall be determined by such authority as prescribed
by Parliament.
• One third of the total number of seats reserved for Scheduled Castes and Scheduled
Tribes shall be reserved for women of those groups in the Lok Sabha and the
legislative assemblies.
• Reserved seats may be allotted by rotation to different constituencies in the state or
union territory.

• Time line
• For the first time in 1996 ,it was introduced in the Lok Sabha as the 81st
Amendment Bill by the then Deve Gowda led United front government . Bill failed to
get approval in the house and was referred to a joint parliamentary committee. JPC
submitted its report, however bill lapsed with the dissolution of the Lok Sabha.
• In 1998 , the bill was again introduced by the Atal Bihari Vajpayee led NDA
government, but in absence of required support it again lapsed.
• The Bill was subsequently reintroduced in 1999, 2002 and 2003, but failed to pass
due to lack of majority.
• In 2008, bill was again introduced as 108th constitution Amendment Bill. It was
passed in Rajya Sabha but eventually lapsed after dissolution of the 15th Lok sabha.
• Despite the promises made in election manifesto of 2014 as well as 2019 , there is no
development in this regard as such.
 How many women are in Parliament?
• About 14% of the members in Indian
Parliament are women, the highest so far.
• According to the Inter Parliamentary Union, India has a fewer percentage of
women in the lower House than its neighbours such as Nepal, Pakistan, Sri
Lanka and Bangladesh — a dismal record.

Arguments in favour of the Bill

• Affirmative action is imperative to better the condition of women since our society in
general and political parties in particular are inherently patriarchal.
• Despite the belief of the constituent assembly that every section would be represented
proportionally, women are still under represented in Parliament.
• Reservation to women would ensure a strong lobby arguing for issues that are being
conveniently ignored.
• Reservation at panchayat level have shown positive results, despite being termed as rubber
stamp (*in some cases) , women’s are more likely to invest in goods which are crucial for
women and children.
• The prevalent social tribulations like crime against women, skewed sex ratio, low LFPR
and poor health indices require more women in the roles of policy and decision making.

Arguments against the Bill

• Opponents argue that it would perpetuate the unequal status of women since they would
not be perceived to be competing on merit.
• They also contend that this policy diverts attention from the larger issues of electoral
reform such as criminalisation of politics and inner party democracy.
• Reservation of seats in Parliament restricts choice of voters to women candidates.
• Rotation of reserved constituencies in every election may reduce the incentive for an MP to
work for his constituency as he may be ineligible to seek re-election from that constituency.
• Women’s interests cannot be isolated from other social, economic and political strata.

To Conclude

• To start with, some proponent suggest that reservation should be provided for women in
political parties.
• Some has also suggested to have dual member constituencies (where constituencies will have
two MPs, one of them being a woman).

Until and unless women are not a part of the policy making process, they cannot raise their
voice for fellow women. This would result in a vicious cycle with this debate continuing for
centuries. So, this is high time to finish this visible and unsaid inequality. Democracy cannot
live a long life in an unequal society.

Delegated Legislation

Delegated Legislation which Is Ultra Vires The Parent Act Cannot Be Given Any Effect :
Supreme Court.
 Reservation for women in politics

What is Women Reservation Bill ?

• The Women’s Reservation Bill proposes to reserve 33% of seats in the Lok Sabha and State
Legislative Assemblies for women.
• Features:
• The allocation of reserved seats shall be determined by such authority as prescribed
by Parliament.
• One third of the total number of seats reserved for Scheduled Castes and Scheduled
Tribes shall be reserved for women of those groups in the Lok Sabha and the
legislative assemblies.
• Reserved seats may be allotted by rotation to different constituencies in the state or
union territory.

• Time line
• For the first time in 1996 ,it was introduced in the Lok Sabha as the 81st
Amendment Bill by the then Deve Gowda led United front government . Bill failed to
get approval in the house and was referred to a joint parliamentary committee. JPC
submitted its report, however bill lapsed with the dissolution of the Lok Sabha.
• In 1998 , the bill was again introduced by the Atal Bihari Vajpayee led NDA
government, but in absence of required support it again lapsed.
• The Bill was subsequently reintroduced in 1999, 2002 and 2003, but failed to pass
due to lack of majority.
• In 2008, bill was again introduced as 108th constitution Amendment Bill. It was
passed in Rajya Sabha but eventually lapsed after dissolution of the 15th Lok sabha.
• Despite the promises made in election manifesto of 2014 as well as 2019 , there is no
development in this regard as such.

How many women are in Parliament?

• About 14% of the members in Indian
Parliament are women, the highest so far.
• According to the Inter Parliamentary Union, India has a fewer percentage of
women in the lower House than its neighbours such as Nepal, Pakistan, Sri
Lanka and Bangladesh — a dismal record.

Arguments in favour of the Bill

• Affirmative action is imperative to better the condition of women since our society in
general and political parties in particular are inherently patriarchal.
• Despite the belief of the constituent assembly that every section would be represented
proportionally, women are still under represented in Parliament.
• Reservation to women would ensure a strong lobby arguing for issues that are being
conveniently ignored.
• Reservation at panchayat level have shown positive results, despite being termed as rubber
stamp (*in some cases) , women’s are more likely to invest in goods which are crucial for
women and children.
• The prevalent social tribulations like crime against women, skewed sex ratio, low LFPR
and poor health indices require more women in the roles of policy and decision making.

Arguments against the Bill

• Opponents argue that it would perpetuate the unequal status of women since they would
not be perceived to be competing on merit.
• They also contend that this policy diverts attention from the larger issues of electoral
reform such as criminalisation of politics and inner party democracy.
• Reservation of seats in Parliament restricts choice of voters to women candidates.
• Rotation of reserved constituencies in every election may reduce the incentive for an MP to
work for his constituency as he may be ineligible to seek re-election from that constituency.
• Women’s interests cannot be isolated from other social, economic and political strata.

To Conclude

• To start with, some proponent suggest that reservation should be provided for women in
political parties.
• Some has also suggested to have dual member constituencies (where constituencies will have
two MPs, one of them being a woman).

Until and unless women are not a part of the policy making process, they cannot raise their
voice for fellow women. This would result in a vicious cycle with this debate continuing for
centuries. So, this is high time to finish this visible and unsaid inequality. Democracy cannot
live a long life in an unequal society.

Parliamentary committees:

Parliament has the primary responsibility of making laws and holding the government responsible for its actions. As representatives
of citizens, MPs pass laws, oversee the working of the government and the efficient allocation of public funds. Parliamentary
Committees act as a mechanism that helps in improving the effectiveness of Parliament.

Over the years, responsibilities of the government have increased significantly. Government expenditure and legislation have
become technical and complex in nature. While a significant amount of Parliament’s work gets done on the floor of the House, it is
difficult for Parliament to scrutinise all government activities in the House in a limited time. Thus, Parliamentary Committees were
constituted to examine proposed legislation, government policies and expenditure in detail. They also examine petitions from the
public, check whether rules framed by the government are in consonance with Acts of Parliament, and help manage the
administration of Parliament. Deliberations in Committees present several advantages.

Committees can get inputs from experts and stakeholders on various matters. Their ability to devote more time on each item
allows them to examine matters in greater detail. They also help parties reach consensus on various issues.

However, there are several areas where Committees need strengthening. For example, all Bills are not referred to Committees.
They are thinly staffed and do not have full-time technical expert support. Some Committees may not seek evidence from experts on
important Bills. Further, attendance of MPs in Committee meetings is about 50%, which is lower than the 84% attendance seen
during the Parliament sittings.

Why are parliamentary committees needed?

Parliamentary committees are an integral part of the legislative process in India, and they serve several important functions. Here
are some key reasons why parliamentary committees are needed in India:
1. Detailed examination of bills: and other matters referred to them by the Parliament. This allows for a thorough review of
legislation, including its various aspects such as legal, technical, financial, and policy implications. The committees can also seek
inputs from experts and stakeholders, which helps in making informed decisions about the proposed legislation.
2. Oversight of executive actions: They review the policies, programs, and actions of government departments and agencies to
ensure that they are being implemented effectively and efficiently, and to hold the government accountable for its actions. This
helps in ensuring transparency and accountability in the functioning of the government.
3. Examination of budgetary allocations: They examine the estimates of expenditure, proposals for new spending, and the
outcomes of past spending to ensure that public funds are being utilized efficiently and effectively. This helps in ensuring that
taxpayer money is being spent wisely and in the best interests of the public.
4. Public participation: They often invite inputs from the public, civil society organizations, and other stakeholders, and conduct
public hearings on important issues. This allows for a diverse range of perspectives to be taken into account in the decision-
making process and promotes participatory democracy.
5. Expertise and specialization: This allows for in-depth examination of complex issues, as the committees can draw on the
knowledge and experience of their members. It also helps in bridging the gap between legislation and implementation, as the
committees can provide valuable insights and recommendations for effective implementation of laws.
6. Efficient and specialized functioning: Parliamentary committees are smaller and more focused than the full Parliament, which
allows for more efficient and specialized functioning. Committees can delve into issues in detail, conduct hearings, and interact
with stakeholders, which may not be possible in the larger forum of Parliament. This leads to a more comprehensive and
informed decision-making process.

Overall, parliamentary committees play a crucial role in the Indian legislative process by providing a platform for detailed
examination, oversight, public participation, and specialized expertise. They contribute to the effective functioning of
democracy by ensuring that legislation is thoroughly reviewed, government actions are scrutinized, and public interests are
represented.

Types of committees:

There are various types of Parliamentary Committees in India which look at matters such as government expenditure, legislation,
government policies and schemes, and administration of Parliament. They can be categorised into Departmentally Related
Standing Committees, financial committees, administrative committees, accountability committees, and ad hoc committees.

Departmentally Related Standing Committees (DRSCs)

• DRSCs were constituted in 1993 to assist Parliament in scrutinising funds allocated to Ministries. They also examine Bills
referred to them by Parliament and analyse other relevant policy issues. There are 24 DRSCs that oversee the working of a
Ministry or group of Ministries.
• They are composed of 31 members: 21 from Lok Sabha and 10 from Rajya Sabha. These DRSCs are constituted for a period of
one year. Financial Committees Parliament regulates government expenditure to ensure that public finances are used efficiently.
• Such financial oversight is a complex and technical task. Financial committees facilitate this task for Parliament. They are the:
• Committee on Public Accounts, Committee on Public Undertakings, and Estimates Committee.
• The Committee on Public Undertakings and Public Accounts consist of 22 members: 15 from Lok Sabha and seven
members from Rajya Sabha.
• The Estimates Committee is composed entirely of Lok Sabha MPs. It has 30 members who are elected by the House.
Members are elected for a period of one year.

Financial Committees
Name of the Committee No. of Members Tenure Members Nominated or Elected
Estimates Committee 30 1 year Elected by the Lok Sabha
Public Accounts Committee 22(15LS+7RS) 1 year Elected by the two House(s)
Committee on Public Undertakings 22(15LS+7RS) 1 year Elected by the two House(s)

Administrative Committees Both Houses of Parliament also require significant administrative support for their day-to-day
functioning. The Houses have set up different Committees, such as the Business Advisory Committee which helps decide the daily
agenda of Parliament. Table 1 provides a list of administrative Committees in Parliament.

Committees Functions
Business Advisory Committee Recommends time to be allocated for the discussion of Bills and other business
Committee on Private Members' Bills and Examines all Private Members’ Bills after their introduction.
Resolutions
Committee on Government Assurances Scrutinises the assurances, promises, and undertakings given by Ministers.
Rules Committee Considers matters of procedure and conduct of business in the House
Committee of Privileges Examines questions involving breach of rights, privileges, and immunities
enjoyed by MPs
Committee on Ethics Oversees the moral and ethical conduct of MPs
Committee on Absence of Members from the Examines leave applications of MPs.
Sittings of the House
Joint Committee on Offices of Profit Examines the composition of other committees and recommends what offices
may disqualify a person from becoming an MP.
Joint Committee on Salaries and Allowances of Examines salaries and allowances of MPs.
MPs
 Committee on the Welfare of SCs and STs Examines measures taken by the government to improve the status of Scheduled
Castes and Tribes
Committee on Empowerment of Women Recommends measures to improve the status and conditions women.
Library Committee Advises on the improvement of Parliamentary library.
House Committee Advises on matters related to residential accommodation of MPs.
General Purposes Committee Advises on matters concerning the affairs of the House referred to it by the
Chairperson.

Accountability Committees
• Apart from financial Committees and DRSCs, three other Committees ensure government accountability towards Parliament
and citizens. These are the Committee on Government Assurances, the Committee on Subordinate Legislation, and the
Committee on Petitions.

Ad Hoc Committees
• Ad Hoc Committees are appointed by either House or the presiding officers from time-to-time for a specific purpose. They cease
to exist when they finish the task assigned to them and submit a report. Some Ad Hoc Committees include: the Railway
Convention Committee, and Select Committees formed to examine specific Bills.

How is the Functioning of the Committees ?

• Departmentally Related Standing Committees Departmentally Related Standing Committees (DRSCs) meet to examine the
expenditure of all Ministries, Bills referred to them, and policies or issues selected by them. These meetings are conducted while
Parliament is in session or during inter-session periods. While it is difficult to analyse the quality of deliberations in these sittings,
the number of sittings held by various DRSCs can be used as an indicator to measure the quantity of work done by them. Figure
1 shows the average number of sittings for 10 Committees which examine the largest (by expenditure) Ministries/Departments.

Note that the Committees on Defence, Finance, and Home Affairs have seen a decrease in average number of sittings from the 14th
to the 16th Lok Sabha, whereas the Committee on Chemicals and Fertilizers has seen an increase.

Examining Demands for Grants

• After the Budget is presented, the DRSCs examine the Demands for Grants of all Ministries under its purview. Demands for
Grants refer to the detailed estimates of expenditure of each Ministry. DRSCs study allocations to schemes and programmes,
spending by the Ministry, and the policy priorities of the Ministry.
• After this examination, the Committee compiles its recommendations in the form of a Report which is laid in both Houses of
Parliament. These recommendations help MPs understand the implications of financial allocations. They also allow for a more
informed debate and analysis of Demands for Grants in Lok Sabha.
 Negative numbers suggest that the report was presented after the Demand for Grants were voted upon. In 2009 and 2014, all
reports on the Demands were presented a few months after they were voted in the House. Note that these were election years, and
in these years the budget presented by the new government was passed in the month of July.

The new DRSCs were not formed by then. The primary objective of reports on Demands for Grants is to help MPs examine
government expenditure better. Therefore, it is necessary for MPs to have sufficient time to study these reports before the discussion
in the House. The data suggests that in many cases MPs do not have sufficient time to study these reports.

Examining Bills
• Once a Bill has been introduced in Parliament, it may be referred to a DRSC for detailed scrutiny. The Bill can be referred to a
Committee either by the Speaker of Lok Sabha, or the Chairperson of Rajya Sabha. It is sent to the DRSC that reviews the
working of the Ministry under which the Bill is introduced. After concluding its examination, the DRSC lays its report in
Parliament. The recommendations of the DRSC on the Bill may also be discussed in the House.
• Note that a Bill passed by one House can still be referred to a Committee by the other House. For instance, in the 16th Lok
Sabha, the Motor Vehicles (Amendment) Bill, 2016, and the Real Estate (Regulation and Development) Bill, 2013 were referred
to a DRSC as well as a Select Committee.
• DRSCs were given the responsibility of scrutinising Bills because Parliament does not have the time and expertise to analyse
each Bill in detail, on the floor of the House. However, the trend shows that fewer Bills are being referred to Committees as
compared to previous Lok Sabha.

Examination of Issues
• Every year, DRSCs select subjects for detailed examination. These subjects could be on existing or potential issues that could
come up in the sectors that the DRSC looks at, or implementation of programmes by the relevant Ministry. For example, some
of the subjects identified for examination by DRSCs constituted for 2019-20 include: state of the Indian economy,
implementation of the Ayushman Bharat Yojana, and digital payment and online security measures for data protection.

Reports submitted by DRSCs

• After examining Bills, Demands for Grants, and issues, DRSCs prepare reports and table them in Parliament. Subsequently, the
DRSCs also submit Action Taken Reports which show the recommendations accepted by the government, and the progress
made on them. The acceptance rate varies across Committees. During the 16th Lok Sabha, 2,038 sittings were held by DRSCs
and they submitted 1,111 reports. On average, DRSCs published one report in 1.8 sittings. Average sittings taken to publish one
report vary across DRSCs. However, it is difficult to evaluate quality of these deliberations without analysing each report.
 Expert witnesses and research support
• To aid in their study, members of DRSCs can consult with expert witnesses, stakeholders, and government officials. Engaging
with experts and stakeholders enables Committee members to better understand the details of complicated issues, and the
potential impact of a policy or legislation.
• Note that Committees invite witnesses to testify before them at their own discretion.
o For instance, the DRSC that examined the Right to Education Bill, 2008, which guarantees free education to all
children ages six to 14, did not invite any expert witnesses.
• Apart from consulting experts, Committees can also invite comments from the wider public.
o For example, the Committee on Labour and Employment published a press release inviting public comments on the
Occupational, Safety, Health and Working Conditions Bill, 2019. Public comments help Committees consider the
wider implications of a Bill or policy.
• However, it is up to the discretion of the Committee whether or not they chose to invite public comments.
• Currently, the technical support available to Parliamentary Committees is limited to a secretariat that helps with matters
such as scheduling meetings and note taking.
o The National Commission to Review the Working of the Constitution (2002) had highlighted the lack of research
support and specialist advisors with the DRSCs.4 It recommended that funds should be secured to assist these
Committees in conducting inquiries, holding public hearings, and collecting data. Note that Committees in other
countries such as the UK, USA, and Canada can retain specialist advisors (such as lawyers, economists, and
statisticians) to assist in specific inquires.

Attendance of Members
• Parliamentary Committees hold several meetings to conduct in-depth analysis of various issues through extensive deliberations
among Members. Success of the Committee system depends on the participation of Members in these meetings. Though
Committee meetings are conducted in a closed-door environment, Lok Sabha publishes the attendance of Members in these
meetings. Sixteen of the 24 DRSCs are administered by Lok Sabha and other eight by Rajya Sabha. Figure 7 shows the
attendance of members during 2009-14 for the 16 DRSCs serviced by Lok Sabha. On average, 49% members were present for
meetings of these Committees between this period.
 Way Forward:
Committees in India, like any other organization or system, can be improved through various measures. Here are some
suggestions:
• Diverse and Competent Membership: which brings a wide range of expertise and perspectives. This ensures that the
committee is able to effectively address the issues at hand and make informed decisions.
• Transparent and Inclusive Processes: including clear rules of procedure, open meetings, and opportunities for public input.
This promotes accountability, fairness, and wider stakeholder engagement.
• Adequate Resources and Support: including budgetary allocations, administrative assistance, and access to relevant
information and data. This enables committees to function effectively and efficiently.
• Timely Completion of Work: Committees should have a defined timeline for completing their work and submitting their
recommendations or reports. This prevents undue delays and ensures that the committee's work is timely and relevant.
• Implementation of Recommendations: should be seriously considered and implemented by the relevant authorities. This helps
ensure that the committee's efforts result in tangible outcomes and real impact.
• Regular Monitoring and Evaluation: Committees' performance should be regularly monitored and evaluated to assess their
effectiveness and identify areas for improvement. This helps in continuously enhancing the functioning of committees and making
necessary adjustments.
• Capacity Building and Training: to enhance their skills, knowledge, and understanding of the committee's mandate and
processes. This helps in improving their performance and overall effectiveness.
• Review and Revision of Committee Structures: Periodic review and revision of committee structures, mandates, and processes
can help identify gaps and areas for improvement. This may involve restructuring or redefining committees to align with
changing needs and priorities.
• Utilization of Technology: Committees can leverage technology for better communication, coordination, and documentation.
This may include the use of online platforms for meetings, document sharing, and data analysis, which can streamline committee
processes and enhance efficiency.

By implementing these measures, committees in India can be improved to function more effectively and contribute positively to
decision-making and policy formulation processes.