Parliament Notes

GS Notes

Parliament of India PARLIAMENT NOTES Quorum to constitute a sitting of the of  the House is one‐tenth of the of  the total number of members of  members of the of  the

House under article 100(3) of  India, not Qualifications: to become a member of  the Lok Sabha, a person should be a citizen of India, less than 25 years of age of  age and possess such other qualifications as may be prescribed by or under any law made by Parliament [Art. 84] Deadlock between the two Houses: In the case of  Bills other than Money Bills and Constitution

Amendment Bills, a disagreement between the two Houses may arise when a Bill passed by one House is rejected by the other House; or the Houses have finally disagreed as to the amendments to be made in the Bill; or more than six months have elapsed from the date of receipt of  receipt of the of  the Bill by the other House without the Bill being passed by it. •

of  the House from one time "Adjournment" is a postponement postponement of  the sitting or proceedings of the to another specified for the reassembling of  the House. During the course of  a Session, the Lok Sabha may be adjourned from day to day or for more than a day. It may also be adjourned

sine die which means the termination of  a sitting of  the House without any

definite date being fixed for its next sitting. •

"Prorogation" means the termination of  a Session of  the House by an order made by the

President under article 85(2)(a) of  the Constitution. The Prorogation of  the House may take place any time, even while the House is sitting. However, usually, prorogation follows the adjournment of the of  the sitting of the of  the House sine die. •

"Dissolution" of  the House means the end of  the life of  the Lok Sabha either by an order

made by the President under article 85 (2) (b) of the of  the Constitution or on the expiration of the of  the period of  five years from the date appointed for its first meeting. Dissolution puts an end to the representative character of the of  the individuals who at the time compose the Lok Sabha. On adjournment of  the Lok Sabha or its adjournment sine die, the pending business does not lapse. Bills pending before either House or Select/Joint Committee, Motions, Resolutions, and amendments which have already been moved and pending in the House, and business pending before a Parliamentary Committee do not lapse on prorogation whereas all business pending before the House or any of its of  its Committee lapse on dissolution. Prorogation terminates a Session and does not constitute an interruption in the continuity of life of  life of the of  the Lok Sabha which is brought to an end only by dissolution.

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Parliament of India What are the methods of voting of  voting in the Lok Sabha?

The procedure regarding Voting and Divisions in the House is governed by article 100(1) of  the Constitution and Rules 367, 367A, 367AA and 367B of  the Rules of  Procedure and Conduct of  Business in Lok Sabha. The various methods adopted for voting in the Lok Sabha are: (i)

Voice Vote: It is a simple method for deciding a question put by the Chair on a motion made by a member. Under this method, the question before the House is determined by the `Ayes' or the `Noes', as the case may be.

(ii)

Division:

There are three methods of  holding a Division, i.e.

(a) by operating the

Automatic Vote Recording Equipment; (b) by distributing `Ayes' and `Noes' slips in the House; and (c) by members going into the Lobbies (iii)

Secret Ballot: During an 'open' voting period, the individual results are shown by the three characters 'A', 'N' and 'O' on the Individual Result Display Panel. Secret voting, if  any, is on similar lines

(iv)

Recording of votes of  votes by distribution of slips: of slips: The method of recording of  recording of votes of  votes by members on `Aye' and `No' slips is generally resorted to in the eventuality of  (i) sudden failure of  the working of the of  the Automatic Vote Recording Equipment; and (ii) at the commencement of the of  the new Lok Sabha, before the seats/division numbers have been allotted to members.

(v)

Physical count of Members of  Members in their places instead of a of  a formal division: If in If  in the opinion of  the Chair, a Division is unnecessarily claimed, he/she may ask the members who are for `Aye' and those for `No', respectively, to rise in their places and on a count being taken, he/she may declare the determination of  the House. In such a case, the particulars of  voting of the of  the members are not recorded.

(vi)

Casting Vote: If  in a Division the number of  `Ayes' and `Noes' is equal, the question is decided by the casting vote of  the Chair. Under the Constitution, the Speaker or the person acting as such cannot vote in a Division; he/she has only a casting vote which he/she he/she must exercise in the case of equality of  equality of votes. of  votes.

Question Hour: Rule 32 of  the “Rules of  Procedure and conduct of  Business in Lok Sabha”

provides that unless the Speaker otherwise desires the first hour of  every sitting of  the House shall be available for the asking and answering of Questions. of  Questions. Thus, it is taken up from 1100 hrs to 1200 hrs in every sitting.

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Parliament of India Different types of Questions of  Questions 

Starred: A member who desires an oral answer to his question is required to distinguish it by

an asterix. Maximum 20 Questions are included in the list of  Starred Questions for a particular day. This is printed on green paper. Minimum of 15 of  15 clear days notice is required for tabling Starred Questions. The Questions not orally answered in the Starred list of questions of  questions are treated as a Unstarred Questions and their replies are laid on the Table of the of  the House. 

Unstarred: These do not carry the asterix mark and are meant for obtaining written reply.

Not more than 230 Questions can be placed on the Unstarred list for a particular sitting. This list is printed on white paper. Minimum of  15 clear days notice is required for tabling Unstarred Questions. Written answers given by the Ministers are deemed to have been laid on the Table of the of  the House at end of Question of Question Hour. 

Short Notice Question: Question can also be asked on a matter of  urgent public importance

at a notice of less of  less than the period specified for ordinary Question. The list of admitted of  admitted SNQ is SNQ  is printed on a pink paper. The procedure of SNQ  of  SNQ is is regulated by Rule 54 and the basic test for its admissibility is the urgency of matter. of  matter. SNQ is SNQ  is asked and answered soon after the Question Hour. 

Question to Private Members: A Question may also be addressed to a Private Member under

Rule 40 of the of  the Rules of Procedure of  Procedure and Conduct of Business of  Business in Lok Sabha, which provides that the subject matter of the of  the question should be related to some Bill, Resolution or other matter connected with the Business of  the House for which that member is responsible. For instance, the Questions which relates to matters under the purview of  Parliamentary Committees can be addressed to respective Chairman. Similarly, Members piloting Private Members Bills and Resolutions can be addressed questions, which are within cognizance of  them under this provision. The procedure in regard to such questions is the same as that followed in the case of questions of  questions addressed to a Minister with such variations as the Speaker may consider necessary. Half ‐an‐Hour Discussion: Another instrument available to the members of Lok of  Lok Sabha for raising

issue of  public importance is the Half ‐an‐Hour Discussion. Under this, a Member may raise discussion on a matter of  sufficient public importance which has been the subject of  a recent question, Starred, Unstarred or Short Notice Question and the answer to which needs further elucidation on a matter of fact. of  fact. Parliamentary Forums have been constituted with the objective of  equipping members with

information and knowledge on specific issues of national of  national concern and in assisting them to adopt

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Parliament of India a result‐oriented approach towards related issues. These Forums provide an opportunity to members to come together and discuss a particular issue and its wider ramifications. ST

1. 1 ‐ Water Conservation and Management was constituted in 2005. 2. Parliamentary Forum on Youth 3. Children 4. Population and Public Health 5. Global Warming and Climate Change 6. Disaster Management Steps involved in the passage of a of  a Bill •

A Bill while being considered has to undergo three stages in each House of  Parliament. The first stage consists of the of  the introduction of the of  the Bill which is done on a motion moved by either a Minister or a member.

•

During the second stage, any of  the following motions can be moved: that the Bill be taken into consideration; that it be referred to a Select Committee of the of  the House; that it be referred to a Joint Committee of  the two Houses; or that it be circulated for the purpose of  eliciting opinion thereon. Thereafter, the Bill is taken up for clause‐by‐clause consideration as introduced or as reported by the Select/Joint Committee.

•

The third stage is confined to the discussion on the motion that the Bill be passed and the Bill is passed/rejected either by voting or voice vote (or returned to the Lok Sabha by the Rajya Sabha in the case of a of  a Money Bill).

Calling Attention Motion •

Under this procedural device, a member may, with the prior permission of  the Speaker, call the attention of a of  a Minister to any matter of urgent of  urgent public importance and the Minister may make a brief statement brief  statement or ask for time to make a statement later.

•

There can be no debate on such a statement at the time it is made. But, brief  clarifications can be sought from the Minister by the member who has initiated the Calling Attention and other members who are called by the Speaker.

•

Only those matters which are primarily the concern of  the Union Government can be raised through a Calling Attention notice.

•

The Calling Attention procedure is an Indian innovation which combines asking a question with supplementaries and making brief  comments; the Government also gets adequate opportunity to state its case.

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Parliament of India

•

The Calling Attention matter is not subject to the vote of the of  the House.

MOTION

`Motion' in parliamentary parlance means any formal proposal made to the House by a member for the purpose of  eliciting a decision of the of  the House. It is phrased in such a way that, if adopted, if  adopted, it will purport to express the judgement the  judgement or will of the of  the House. Any matter of importance of  importance can be the subject matter of a of  a motion. The mover of a of  a motion frames it in a form in which he/she wishes it ultimately to be passed by the House and on which a vote of  the House can conveniently be taken. 3 broad categories: substantive motions, substitute motions and subsidiary motions.

1. A substantive motion is a self ‐contained, independent proposal made in reference to a subject which the mover wishes to bring forward. All Resolutions, Motions for election of  the Speaker and Deputy Speaker, and Motion of Thanks of  Thanks on the Address by the President, etc. are examples of substantive of  substantive motions. 2. A substitute motion, as its name suggests, is moved in substitution of the of  the original motion for taking into consideration

a policy or situation or statement or any other matter.

Amendments to substitute motions are not permissible. 3. Subsidiary motions depend upon or relate to other motions or follow up on some proceedings in the House. By itself, it has no meaning and is not capable of  stating the decision of  the House without reference to the original motion or the proceedings of  the House. Adjournment Motion is the procedure for adjournment of  the business of  the House for the

purpose of  discussing a definite matter of  urgent public importance, which can be moved with the consent of the of  the Speaker. •

The Adjournment Motion, if  admitted, leads to setting aside of  the normal business of  the House for discussing the matter mentioned in the motion.

•

To be in order, an adjournment motion must raise a matter of sufficient of  sufficient public importance to warrant interruption of normal of  normal business of the of  the House and the question of public of  public importance is decided on merit in each individual case.

•

The purpose of an of  an Adjournment Motion is to take the Government to task for a recent act of  omission or commission having serious consequences.

•

Its adoption is regarded as a sort of censure of censure of the of  the Government.

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Parliament of India Motion of No of  No‐confidence •

The Government must always enjoy majority support in the popular House to remain in power. If  need be, it has to demonstrate its strength on the floor of  the House by moving a Motion of Confidence of  Confidence and winning the confidence of the of  the House.

•

In view of  the express constitutional provision regarding collective responsibility of  the Council of  Ministers to the Lok Sabha, a motion expressing want of  confidence in an individual Minister is out of  order; under the Rules, only a motion expressing want of  confidence in the Council of Ministers of  Ministers as a body is admissible.

•

A Motion of No of  No‐confidence need not set out any grounds on which it is based.

•

Even when grounds are mentioned in the notice and read out in the House, they do not form part of the of  the No‐confidence Motion.

If  the Speaker admits notice of a of  a motion and no date is fixed for its No‐Day‐Yet‐Named Motion: If the discussion, it is called a "No‐Day‐yet‐Named Motion" and a copy of  the admitted motion is forwarded to the Minister concerned with the subject matter of the of  the motion. Discussion under Rule 193 •

does not involve a formal motion before the House. Hence no voting can take place after discussion on matters under this rule.

•

The member who gives notice may make a short statement and such of the of  the members as have previously intimated to the Speaker, may be permitted to take part in the discussion. The of  reply. member who raises the discussion has no right of reply

•

At the end of the of  the discussion, the Minister concerned gives a brief reply. brief reply.

Short Duration Discussion: In order to provide opportunities to members to discuss matters of 

urgent public importance, a convention was established. Under this Rule, members can raise discussion for short durations without a formal motion or vote thereon. Matters under Rule 377: Matters, which are not points of  order can be raised by way of  Special

Mentions under Rule 377. This procedural device, framed in 1954, provides opportunity to the members to raise matters of general of  general public interest. At present, the number of matters of  matters that can be raised by members under Rule 377 on a single day is 20. "Zero Hour" : The time immediately following the Question Hour and laying of  papers and

before any listed business is taken up in the House has come to be popularly known as the `Zero

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Parliament of India Hour'. For raising matters members give notice before 10 a.m. everyday to the Speaker stating clearly the subject which they consider to be important and wish to raise Resolution

A Resolution is a formal expression of  the sense, will or action of  the Legislative Body. Resolutions may be broadly divided into three categories: •

Resolutions which are expression of  opinion by the House since the purpose of  such a Resolution is merely to obtain an expression of opinion of  opinion of the of  the House, the Government is not bound to give effect to the opinions expressed in these Resolutions.

•

Resolutions which have statutory effect the notice of  a Statutory Resolution is given in pursuance of  a provision in the Constitution or an Act of  Parliament. Such a Resolution, if  adopted, is binding on the Government and has the force of law. of  law.

•

Resolutions which the House passes in the matter of  control over its own proceedings. It has the force of law of  law and its validity cannot be challenged in any court of law. of  law. The House, by such a Resolution, evolves, sometimes, its own procedure to meet a situation not specifically provided for in the Rules.

Point of Order of  Order •

relates to the interpretation or enforcement of  the Rules of  Procedure and Conduct of  Business in the House or convention or such articles of  the Constitution as regulate the business of the of  the House and raises a question which is within the cognizance of the of  the Speaker.

•

A Point of  Order may be raised only in relation to the business before the House at the moment, provided that the Speaker may permit a member to raise a Point of  Order during the interval between the termination of  one item of  business and the commencement of  another if  it relates to maintenance of  order in, or arrangement of  business before, the House.

•

A member may formulate a Point of  Order and the Speaker shall decide whether the point raised is a Point of Order of  Order and if so if  so give his/her decision thereon, which is final.

Parliamentary privileges •

The term `parliamentary privilege' refers to certain rights and immunities enjoyed by each House of  Parliament and Committees of  each House collectively, and by members of  each House individually,

without which they cannot discharge their functions efficiently and

effectively.

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Parliament of India

•

Objective: to safeguard the freedom, the authority and the dignity of  Parliament. The powers, privileges and immunities of  either House of  Parliament and of  its Committees and members have been laid down in article 105 of the of  the Constitution.

•

The House has the power to punish any person who commits a contempt of  the House or a breach of  any of its of  its privileges.

•

Codification: No law has so far been enacted by Parliament in pursuance of  article 105(3) of 

the Constitution to define the powers, privileges and immunities available to each House and its members and the Committees thereof. In the absence of  any such law, the powers, privileges and immunities of  the Houses of  Parliament, and of  the members and the Committees thereof, shall be those of  that House and of  its members and Committees immediately before the coming into force of  section 15 of  the Constitution (Forty‐fourth Amendment) Act, 1978. Difference between breach of privilege of  privilege and contempt of the of  the House?

When any of  the privileges, either of  the members individually or of  the House in its collective capacity, is disregarded or attacked by any individual or authority, the offence is called a `breach of privilege'. of privilege'. Contempt of  the House may be defined generally as any act or omission which obstructs or impedes either House of  Parliament in the performance of  its functions, or which obstructs or impedes any member or officers of such of  such House in the discharge of his of  his or her duty, or which has a tendency, directly or indirectly, to produce such results even though there is no precedent of the of  the offence. Whereas all breaches of  privilege are contempts of  the House whose privileges are violated, a person may be guilty of a of  a contempt of the of  the House even though he does not violate any of the of  the privilege of the of  the House, e.g. when when he disobeys an order to attend a Committee or publishes reflections on the character or conduct of a of  a member in his capacity as a member. Relation between the two Houses •

Under article 75(3) of  the Constitution, the Council of  Ministers is collectively responsible to Lok Sabha which means Rajya Sabha cannot make or unmake the Government. It can, however, exercise control over the Government and this function becomes quite prominent, particularly when the Government does not enjoy majority in Rajya Sabha.

•

To resolve a deadlock between the two Houses, in case of  an ordinary legislation, the Constitution provides for the  joint sitting of  both Houses. In fact, there have been three occasions in the past when the Houses of  Parliament had met in  joint sitting to resolve differences between them. Issues in  joint sitting are decided by a majority of  the total

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Parliament of India number of members of members of both of  both Houses present and voting. The joint The joint sitting is held in the Central Hall of Parliament of  Parliament House presided over by the Speaker, Lok Sabha. However, in the case of a of  a Money Bill, there is no provision in the Constitution for a  joint sitting of  both Houses as Lok Sabha clearly enjoys pre‐eminence over Rajya Sabha in financial matters. As regards a Constitution amendment Bill, it has been provided in the Constitution that such a Bill has to be passed by the specific majority, as prescribed under article 368 of  the Constitution, by both Houses. There is, therefore, no provision for resolving a deadlock between the two Houses in regard to a Constitution amendment Bill. •

Ministers may belong to either House of  Parliament. The Constitution does not make any distinction between the Houses in this regard. Every Minister has the right to speak and take part in the proceedings of either of  either House but he is entitled to vote only in the House of which of  which he is a member.

•

Similarly, with regard to powers, privileges and immunities of the of  the Houses of Parliament, of  Parliament, their members and committees thereof, the two Houses are placed absolutely on equal footing by the Constitution.

•

Other important matters in respect of  which both Houses enjoy equal powers are election and impeachment of  the President, election of  the Vice ‐President, approving the Proclamation of Emergency, of  Emergency, the proclamation regarding failure of constitutional of  constitutional machinery in States and financial emergency. In respect of  receiving reports and papers from various statutory authorities, etc., both Houses have equal powers.

•

It is thus clear that except in the case of  collective responsibility of  the Council of  Ministers and certain financial matters, which fall in the domain of  Lok Sabha only, both Houses enjoy equal powers.

Special Powers of Rajya of  Rajya Sabha •

Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. All the subjects/areas regarding legislation have been divided into three Lists ‐ Union List, State List and concurrent List. Union and State Lists are mutually exclusive ‐ one cannot legislate on a matter placed in the sphere of  the other. However, if  Rajya Sabha passes a resolution by a majority of  not less than two‐thirds of  members present and voting saying that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of  the territory of  India. Such a resolution remains in force for a maximum period of  one year but this period can be extended by one year at a time by passing a similar resolution further.

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Parliament of India

•

If  Rajya Sabha passes a resolution by a majority of  not less than two‐thirds of  the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services.

•

Under the Constitution, the President is empowered to issue Proclamations in the event of  national emergency, in the event of  failure of  constitutional machinery in a State, or in the case of financial of  financial emergency. Every such proclamation has to be approved by both Houses of  Parliament within a stipulated period. Under certain circumstances, however, Rajya Sabha enjoys special powers in this regard. If a If  a Proclamation is issued at a time when Lok Sabha has been dissolved or the dissolution of  Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if the if  the resolution approving it is passed by Rajya Sabha within the period specified in the Constitution under articles 352, 356 and 360.

Rajya Sabha in Financial Matters •

A Money Bill can be introduced only in Lok Sabha. After it is passed by that House, it is transmitted to Rajya Sabha for its concurrence or recommendation. The power of  Rajya Sabha in respect of  such a Bill is limited. Rajya Sabha has to return such a Bill to Lok Sabha within a period of fourteen of  fourteen days from its receipt. If it If  it is not returned to Lok Sabha within that time, time, the Bill is deemed to have been passed by both Houses at the expiration of  the said period in the form in which it was passed by Lok Sabha. Again, Rajya Sabha cannot amend a Money Bill; it can only recommend amendments and Lok Sabha may either accept or reject all or any of the of  the recommendations made by Rajya Sabha.

•

Apart from a Money Bill, certain other categories of Financial of  Financial Bills also cannot be introduced in Rajya Sabha. There are, however, some other types of  Financial Bills on which there is no limitation on the powers of the of  the Rajya Rajya Sabha. These Bills may be initiated in either House and Rajya Sabha has powers to reject or amend such Financial Bills like any other Bill. Of course, Of  course, such Bills cannot be passed by either House of  Parliament unless the President has recommended to that House the consideration thereof.

•

From all this, however, it does not follow that Rajya Sabha has nothing to do in matters relating to finance. The Budget of  the Government of  India is laid every year before Rajya Sabha also and its members discuss it. Though Rajya Sabha does not vote on Demands for Grants of  various Ministries ‐ a matter exclusively reserved for Lok Sabha ‐ no money, however, can be withdrawn from the Consolidated Fund of India of  India unless the Appropriation Bill has been passed by both the Houses. Similarly, the Finance Bill is also brought before Rajya Sabha. Besides, the Department‐related Parliamentary Standing Committees that examine

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Parliament of India the annual Demands for Grants of  the Ministries/Departments are  joint committees having ten members from Rajya Sabha. Allocation of Seats of  Seats

The Fourth Schedule to the Constitution provides for allocation of  seats to the States and Union Territories in Rajya Sabha. The allocation of seats of  seats is made on the basis of the of  the population of each of  each State. Consequent on the reorganization of  States and formation of  new States, the number of  elected seats in the Rajya Sabha allotted to States and Union Territories has changed from time to time since 1952. Eligibility Qualifications

Article 84 of  the Constitution lays down the qualifications for membership of  Parliament. A person to be qualified for the membership of  the Rajya Sabha should posses the following qualifications: 1. he must be a citizen of  India and make and subscribe before some person authorized in that behalf  by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution; 2. he must be not less than 30 years of age; of  age; 3. he must possess such other qualifications as may be prescribed in that behalf by behalf by or under any law made by Parliament. Disqualifications

Article 102 of  the Constitution lays down that a person shall be disqualified for being chosen as, and for being, a member of either of  either House of Parliament of Parliament –  – 1. if  he holds any office of  profit under the Government of  India or the Government of  any State, other than an office declared by Parliament by law not not to disqualify its holder; 2. if he if  he is of unsound of  unsound mind and stands so declared by a competent court; 3. if he if  he is an undischarged insolvent; 4. if he if  he is not a citizen of India, of  India, or has voluntarily acquired the citizenship of a of  a foreign State, or is under any acknowledgement of allegiance of  allegiance or adherence to a foreign State; 5. if he if  he is so disqualified by or under any law made by Parliament.

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Parliament of India Explanation‐ For the purpose of  this clause a person shall not be deemed to hold an office of 

profit under the Government of India of  India or the Government of any of  any State by reason only that he is a Minister either for the Union or for such State. •

Besides, the Tenth Schedule to Constitution provides for disqualification of  the members on ground of  defection. As per the provisions of  the Tenth Schedule, a member may be disqualified as a member, if he if  he voluntarily gives up the membership of his of  his political party; or if  he votes or abstains from voting in the House contrary to any direction direction issued by the political party to which he belongs, unless such voting or abstention has been condoned by the political party within fifteen days. A member elected as an independent candidate shall be disqualified if he if  he joins  joins any political party after his election.

•

A member nominated to the House by the President, however, is allowed to  join a political party if he/she if he/she does so within the first six months of taking of  taking seat in the House.

•

A member shall not be disqualified on this account, if  he voluntarily leaves the membership of his of  his political party after he is elected Deputy Chairman, Rajya Sabha.

History

Extensive debate took place in the Constituent Assembly regarding the utility or otherwise of  a Second Chamber in Independent India and ultimately, it was decided to have a bicameral legislature for independent India mainly because a federal system was considered to be most feasible form of  Government for such a vast country with immense diversities. A single directly elected House, in fact, was considered inadequate to meet the challenges before free India. A second chamber known as the ‘Council of  States’, therefore, was created with altogether different composition and method of  election from that of  the directly elected House of  the People. It was conceived as another Chamber, with smaller membership than the Lok Sabha (House of  the People). It was meant to be the federal chamber i.e., a House elected by the elected members of Assemblies of  Assemblies of the of  the States and two Union Territories in which States were not given equal representation. Apart from the elected members, provision was also made for the nomination of twelve of  twelve members to the House by the President. The minimum age of thirty of  thirty years was fixed for membership as against twenty‐five years for the Lower House. The element of  dignity and prestige was added to the Council of  State House by making the Vice ‐President of  India ex‐officio Chairman of the of  the Rajya Sabha who presides over its sittings.

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Parliament of India COMMITTEES OF RAJYA SABHA Introduction

Parliamentary Committees play a vital role in the Parliamentary System. They are a vibrant link between the Parliament, the Executive and the general public. The need for Committees arises out of  two factors, the first one being the need for vigilance on the part of  the Legislature over the actions of  the Executive, while the second one is that the modern Legislature these days is over‐burdened with heavy volume of  work with limited time at its disposal. It thus becomes impossible that every matter should be thoroughly and systematically scrutinised and considered on the floor of  the House. If  the work is to be done with reasonable care, naturally some Parliamentary responsibility has to be entrusted to an agency in which the whole House has confidence. Entrusting certain functions of the of  the House to the Committees has, therefore, become a normal practice. This has become all the more necessary as a Committee provides the expertise on a matter which is referred to it. In a Committee, the matter is deliberated at length, views are expressed freely, the matter is considered in depth, in a business‐like manner and in a calmer atmosphere. In most of  the Committees, public is directly or indirectly associated when memoranda containing suggestions are received, on‐the‐spot studies are conducted and oral evidence is taken which helps the Committees in arriving at the conclusions. The Committees aid and assist the Legislature in discharging its duties and regulating its functions effectively, expeditiously and efficiently. Through Committees, Parliament exercises its control and influence over administration. Parliamentary Committees have a salutary effect on the Executive. The Committees are not meant to weaken the administration, instead they prevent misuse of  power exercisable by the Executive. It may, however, be remembered that Parliamentary control in the context of  the functioning of  the Committees may mean influence, not direct control; advice, not command; criticism, not obstruction; scrutiny, not initiative; and accountability, not prior approval. This, in brief, is the rationale of  the Committee System. The Committees have functioned in a non‐partisan manner and their deliberations and conclusions have been objective. This, in a large measure, accounts for the respect in which the recommendations of the of  the Parliamentary Committees are held. Types of Committees of  Committees

Rajya Sabha possesses an organised system of  Committees. Appointments, term of  office, functions and procedure for conducting business in these Committees are regulated under the provisions of  the Rules and directions given by the Chairman from time to time.

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The Committees may be classified as  Ad hoc   Ad  hoc Committees Committees and Standing Committees. •

•

 Ad hoc  Ad  hoc Committees are appointed from time to time to enquire into specific subjects.

They are not named as such in the Rules of Procedure of  Procedure of Rajya of  Rajya Sabha but come into being on a specific motion and become  functus officio immediately after reporting to the House on matters assigned to them.

•

 Ad hoc  Ad  hoc Committees are generally Select Committees and Joint Select Committees on Bills.

The second category of  Committees, namely, Standing Committees may be divided in terms of  their functions under four broad heads: 1. Committees to enquire— (a) Committee on Petitions; (b) Committee of Privileges; of  Privileges; and (c) Ethics Committee. 2. Committees to scrutinise and control— (a) Committee on Government Assurances; (b) Committee on Subordinate Legislation; and (c) Committee on Papers Laid on the Table. 3. Committees relating to day‐to‐day business of the of  the House— (a) Business Advisory Committee; and (b) Rules Committee. 4. House Keeping Committees— (a) House Committee; (b) General Purposes Committee; and (c) Committee on Provision of Computers of  Computers to Members of Rajya of  Rajya Sabha.

of  Lok Sabha with which Members of Rajya There are some Financial Committees of Lok of  Rajya Sabha are

associated. These are:

(a) Committee on Public Accounts; and (b) Committee on Public Undertakings.

There are also Joint Parliamentary Committees on which members of both of  both the Houses are represented. These Committees are:

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(a) Committee on the Welfare of Scheduled of  Scheduled Castes and Scheduled Tribes; (b) Committee on Offices of Profit; of  Profit; (c) [Parliamentary Committee to review the rate of dividend of  dividend payable by the Railway Undertaking to the General Revenues] (Railway Convention Committee); (d) Committee on Empowerment of Women of  Women (e)Library Committee (f) Committee on Food Management in Parliament House Complex (g) Committee on Installation of Portraits/Statues of Portraits/Statues of National of  National Leaders and Parliamentarians in the Parliament House Complex (h) Committee on Security Matters in Parliament House Complex The functions, etc. of  each of  these Committees are described below in brief:—

(1) Business  Advisory  Committee— This Committee recommends the time that should be allocated for the discussion of the of  the stage or stages of such of  such Government Bills and other business as the Chairman in consultation with the Leader of  the House may direct for being referred to the Committee. The Committee also recommends the time that should be allocated for the the discussion of  stage or stages of  private Members' Bills and Resolutions. It has the power to indicate in the proposed time‐table the different hours at which the various stages of  the Bill or other business are to be completed.

(2) Committee on Papers Laid on of  the Committee is to consider, after Laid  on the Table— The function of the a paper is laid before the Council by a Minister whether :‐ (a) there has been compliance with the provisions of  the Constitution or an Act of  Parliament or any other law, rule or regulations in pursuance of which of  which the paper has been so laid; laid; (b) there has been any unreasonable delay in laying the paper before the Council and if  so, whether a statement explaining the reasons for such delay has also been laid before the Council along with the paper and whether those reasons are satisfactory; and (c) the paper has been been laid before the Council both in English and Hindi and if  not, whether a statement explaining the reasons for not laying the paper in Hindi has also been laid before the Council along with the paper and whether those reasons are satisfactory.

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Parliament of India (3) Committee on Petitions—The functions of  the Committee are: (a) to examine every petition referred to it, and if  the petition complies with the rules, to direct that it be circulated in extenso or in summary form, as the case may be; and (b) to report to the House on specific complaints made in the petition after taking such evidence as it deems fit and to suggest remedial measures, either in a concrete form applicable to the case under consideration or to prevent recurrence of such of  such case (4) Committee of  Privileges— The Committee examines every question of privilege of  privilege referred to it either by the House or by the Chairman and determines with reference to the facts of each of  each case, whether a breach of  privilege is involved and, if  so, the nature of  the breach, the circumstances leading to it and makes such recommendations as it deems fit. The Committee can also report to the House the procedure that may be followed by the House in giving effect to the recommendations made by the Committee. (5) Committee on Rules—— The Committee considers matters of  procedure and conduct of  business in Rajya Sabha and recommends any amendments or additions to the rules that may be

deemed necessary.

(6) Committee on Subordinate Legislation—— The functions of  the Committee are to scrutinise and report to Rajya Sabha whether the powers to make rules, regulations, bye‐laws, scheme or other statutory instruments conferred by the Constitution or delegated by Parliament are being properly exercised within such conferment or delegation, as the case may be. The Committee examines such rule, regulation, bye‐law, scheme or other statutory instrument framed in pursuance of the of  the Constitution or the legislative functions delegated by Parliament to a subordinate authority, irrespective of  the fact whether it is required to be laid before the House or not and, in particular, considers: (a) whether it is in accord with the general objects of  the Constitution, or the Act pursuant to which it is made; (b) whether it contains matter which in the opinion of the of  the Committee should more properly be dealt within an Act of Parliament; of  Parliament; (c) whether it contains imposition of  any tax; (d) whether it directly or indirectly bars the  jurisdiction of  the Courts; (e) whether it gives retrospective effect to any of  the provisions in respect of  which the Constitution or the Act pursuant to which it is made does not expressly give any such power; (f) whether it involves expenditure from the Consolidated Fund of  India or the public revenues; (g) whether it appears to make some unusual or unexpected use of  the powers conferred by the Constitution or the Act pursuant to which it is made; (h) whether there appears to have been

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Parliament of India unjustifiable delay in its publication or in laying it before Parliament; and (i) whether for any reason its form or purport calls for any elucidation. The Committee examines Bills which seek to delegate powers to make rules, regulations, bye‐ laws, etc. or amend earlier Acts delegating such powers, with a view to seeing whether suitable provisions for the laying of the of  the rules, regulations, etc. before Parliament have been made therein. The Committee also examines representations made to it in regard to rules, regulations, bye‐ laws, etc. made or required to be made under an Act. (7) Committee on Government   Assurances—— The functions of  the Committee are: (a) to scrutinise the assurances, promises, undertakings, etc. given by Ministers from time to time on the floor of  the House during Question Hour as also during discussion on Bills, Resolutions, Motions, Calling Attention notices, etc.; and (b) to report to the House on the extent to which such assurances, promises, undertakings, etc. have been fully or satisfactorily implemented, and when implemented, whether such implementation has taken place within the minimum time necessary for the purpose or whether there has been an inordinate delay in the implementation of assurances of  assurances and if so, if  so, the reasons therefor. (8) General  Purposes Committee—. The functions of  the Committee are to consider and advise on such matters concerning the affairs of  the House as may be referred to it by the Chairman from time to time. (9) House Committee——The functions of  the Committee are (i) to deal with all questions relating to the allotment of  residential accommodation to Members of  Rajya Sabha

(10) Committee on Ethics——With the incorporation of rules of  rules relating to the Committee on Ethics in the Rules of  Procedure and Conduct of  Business in the Council of  States w.e.f. July 20, 2004, the mandate of  the Committee was widened to, apart from overseeing the moral and ethical conduct of Members, of  Members, preparing a Code of Conduct of  Conduct for Members and to suggest amendments or additions therein from time to time in the form of  reports to the Council; examining cases concerning the alleged breach of  Code of  Conduct by Members as also cases concerning allegations of  any other ethical misconduct of  Member; and tendering advice to Members from time to time on questions involving ethical standards either suo‐motu or on receiving specific requests. The Committee was also bestowed with the power to recommend imposition of  sanctions such as censure, reprimand, suspension from the Council for a specific period and any other sanction for proven unethical behaviour or other misconduct and contravention of  the Code of  Conduct / rules on the part of  the Members. The Committee consists of  10 Members

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Parliament of India and as per practice, the Leaders of  top ten parties as per their numerical strength in the House are generally nominated to be the members of the of  the Committee and in case the Leaders happen to be Ministers then the choice is extended to the Deputy Leaders of  the parties. The Chairman is appointed from amongst the Members of  the Committee. The reports of  the Committee are presented to the House from time to time by the Chairman of the of  the Committee or, in his absence, by

any

other

Member

of 

the

Committee

authorized

by

the

Committee.

of  Computers to Members of Rajya of  Rajya Sabha— (11) Committee on Provision of Computers

(12) Committee on Members of  Parliament  Local  Area Local  Area Development  Scheme——Since a large number of complaints of  complaints were being received from Members about non‐implementation of various of  various items of  work under the Members of  Parliament Local Area Development (MPLAD) Scheme, it was felt that there should be some effective monitoring mechanism so that proper and quick implementation of projects of  projects under MPLAD Scheme could be achieved. With this objective in view, a ten‐member Committee was constituted in Rajya Sabha on the 5th September, 1998. The Deputy

Chairman

of 

Rajya

Sabha

is

the

Chairman

of 

this

Committee.

Department‐related Parliamentary Standing Committees:‐ •

The need to constitute some kind of  subject Committees or the Department‐related Parliamentary Standing Committees was being felt for the last several years. In 1989, in fact, three Standing Committees were constituted which dealt with Agriculture, Science and Technology and Environment and Forests.

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In 1993, it was finally decided to set up seventeen Department‐related Parliamentary Standing Committees each consisting of  15 members of  Rajya Sabha and 30 from Lok Sabha to cover various Ministries/Departments of  the Union Government in order to further strengthen the accountability of the of  the Government to Parliament.

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With the addition of seven of  seven more Committees in July 2004 albeit with reduced membership of  10 from Rajya Sabha and 21 from Lok Sabha, the number of  Department‐related Parliamentary Standing Committees was raised to 24 out of  which 8 were placed within the  jurisdiction of  the Chairman, Rajya Sabha and 16 within the  jurisdiction of  the Speaker, Lok Sabha.

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