PARLIAMENTARY COMMITTEES

The work done by the Parliament in modern times is not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and other matters that come up before it. A good deal of its business is, therefore, transacted by what are called the Parliamentary Committees.

Ad hoc and Standing Committees

Parliamentary Committees are of two kinds:

·       Ad hoc Committees and the

·       Standing Committees.

 Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills. Others like the Railway Convention Committee, the Committees on the Draft Five Year Plans and the Hindi Equivalents Committee were appointed for specific purposes. Apart from the Ad hoc Committees, each House of Parliament has Standing Committees like the Business Advisory Committee, the Committee on Petitions, the Committee of Privileges and the Rules Committee, etc.

Other Committees

Of special importance is yet another class of Committees which act as Parliament’s ‘Watch Dogs’ over the executive.

These are the Committees on Subordinate Legislation, the Committee on Government Assurances, the Committee on Estimates, the Committee on Public Accounts and the Committee on Public Undertakings and Departmentally Related Standing Committees (DRSCs). The Committee on Estimates, the Committee on Public Accounts, the Committee on Public Undertakings and DRSCs play an important role in exercising a check over governmental expenditure and Policy formulation.

COMPOSITION AND FUNCTIONS OF THE COMMITTEES

Select and Joint Committees

When a Bill comes up before a House for general discussion,it is open to that House to refer it to a Select Committee of the House or a Joint Committee of the two Houses. A motion has to be moved and adopted to this effect in the House in which the Bill comes up for consideration. In case the motion adopted is for reference of the Bill to a Joint Committee, the decision is conveyed to the other House requesting them to nominate members of the other House to serve on the Committee. The Select or Joint Committee considers the Bill clause by clause just as the two Houses do. Amendments can be moved to various clauses by members of the Committee. The Committee can also take evidence of  associations,  public bodies or experts who are interested in the Bill. After the Bill has thus been considered the Committee submits its report to the House. Members who do not agree with the majority report may append their minutes of dissent to the report.

Committee on Estimates

This Committee consists of 30 members who are elected by the Lok Sabha every year from amongst its members. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main function of the Committee on Estimates is to report what economies, improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates may be effected and to suggest alternative policies in order to bring about efficiency and economy in administration. From time to time the Committee selects such of the estimates pertaining to a Ministry or a group of Ministries or the statutory and other Government bodies as may seem fit to the Committee. The Committee also examines matters of special interest which may arise or come to light in the course of its work or which are  specifically referred to it by the House or the Speaker.

Committee on Public Undertakings

The Committee on Public Undertakings consists of 15 members elected by the Lok Sabha and 7 members of Rajya Sabha are associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year.

The functions of the Committee on Public Undertakings are—

(a) to examine the reports and accounts of Public Undertakings;

(b) to examine the reports, if any, of the Comptroller and Auditor General on the Public Undertakings;

(c) to examine in the context of the autonomy and efficiency of the Public Undertakings whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices; and

(d) such other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above and as may be allotted to the Committee by the Speaker from time to time. The Committee does not, however, examine matters of major Government policy and matters of day-to-day administration of the Undertakings.

Committee on Public Accounts

This Committee consists of 15 members elected by the Lok Sabha and 7 members of the Rajya Sabha are associated with it. A Minister is not  eligible for election to this Committee. The term of the Committee is one year.

The main duty of the Committee is to ascertain whether the money granted by Parliament has been spent by Government "within the scope of the Demand". The Appropriation Accounts of the Government of India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the examination of the Committee. Cases involving losses, nugatory expenditure and financial irregularities come in for severe criticism by the Committee. The Committee is not concerned with questions of policy. It is concerned only with the execution of the policy laid down by Parliament and its results.

Business Advisory Committee (Lok Sabha)

The Business Advisory Committee of Lok Sabha consists of 15 members including the Speaker who is the ex-officio Chairman. The members are nominated by the Speaker. Almost all sections of the House are represented on the Committee as per the respective strength of parties in the House. The function of the Committee is to recommend the time that should be allotted for the discussion of such Government legislative and other business as the Speaker, in consultation with the Leader of the House, may direct to be referred to the Committee. The Committee, on its own initiative, may also recommend to the Government to bring forward particular subjects for discussion in the House and recommend  allocation of time for such discussions. The decisions reached by the Committee are always unanimous in character and representative of the collective view of the House. The Committee generally meets at the beginning of each Session and thereafter as and when necessary.

Committee on Private Members’ Bills and Resolutions (Lok Sabha)

This Committee consists of 15 members and the Deputy Speaker is its Chairman when nominated as a member of  he Committee. The Committee is nominated by the Speaker. The functions of the Committee are to allot time to Private Members’ Bills and Resolutions, to examine Private Members’ Bills seeking to amend the Constitution before their introduction in Lok Sabha, to examine all Private Members’ Bills after they are introduced and before they are taken up for consideration in the House and to classify them according to their nature,  urgency and importance into two categories namely, category A and category B and also to examine such Private Members’ Bills where the legislative competence of the House is challenged. The Committee, thus, performs the same function in relation to Private Members’ Bills and Resolutions as the Business Advisory Committee does in regard to Government Business. The Committee holds office for a term not exceeding one year.

Rules Committee (Lok Sabha)

The Rules Committee consists of 15 members including the Speaker who is the ex-officio Chairman of the Committee. The members are nominated by the Speaker. The Committee considers matters of procedure and conduct of business in the House and recommends any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary.

Committee of Privileges (Lok Sabha)

This Committee consists of 15 members nominated by the Speaker. The function is to examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House or by the Speaker. It determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report.

Committee on Papers Laid on the Table (Lok Sabha)

This Committee consists of 15 members nominated by the Speaker. Its function is to examine all papers laid on the Table of the House by Ministers (other than those which fall within the purview of the Committee on Subordinate Legislation or any other Parliamentary Committee) and to report to the House—(a) whether there has been compliance of the provisions of the Constitution, Act, rule or regulation under which the paper has been laid, (b) whether there has been any unreasonable delay in laying the paper, (c) if there has been such delay, whether a  statement explaining the reasons for delay has been laid on the Table of the House and whether those reasons are satisfactory, (d) whether both the Hindi and English versions of the paper have been laid on the Table, (e) whether a statement explaining the reasons for not laying the  Hindi version has been given and whether such reasons are satisfactory, (f) such other functions in respect of the papers laid on the Table as may be assigned to it by the Speaker from time to time.

Committee on Petitions (Lok Sabha)

The Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. The function of the Committee is to consider and report on petitions presented to the House. Besides, it also considers representations from individuals and associations, etc. on subjects which are not covered by the rules relating to petitions and gives directions for their disposal.

Committee on Subordinate Legislation (Lok Sabha)

The Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. The Committee scrutinizes  and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the Constitution or  delegated by Parliament are being properly exercised by the executive within the scope of such delegation.

Committee on Government Assurances (Lok Sabha)

This Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. While replying to questions in the House or during discussions on Bills, Resolutions, Motions etc., Ministers at times give assurances or undertakings either to consider a matter or to take action or to furnish the House further information later. The functions of this Committee are to scrutinize the assurances, promises, undertakings etc. given by Ministers from time to time and to report to Lok Sabha on the extent to which such assurances etc. have been implemented and to see whether such implementation has taken place within the minimum time necessary for the purpose.

 Committee on Absence of Members from the Sittings of the House (Lok Sabha)

The Committee consists of 15 members who hold office for one year. The members are nominated by the Speaker. This Committee considers all applications from members for leave of absence from the sittings of the House and examines every case where a member has been absent for a period of 60 days or more, without permission, from the sittings of the House. In its report it makes recommendations with respect to each case as to whether the absence should be condoned or leave applied granted or whether the circumstances of the case justify that the House should declare the seat of the member vacant.

Joint Committee on Offices of Profit

This Committee consists of 15 members. Ten members are elected from Lok Sabha and five from Rajya Sabha. The Committee is constituted for the duration of each Lok Sabha.

The main functions of the Committee are to examine the composition and character of the Committees appointed by the Central and State  Governments and to recommend what offices should disqualify and what offices should not disqualify a person for being chosen as, and for being, a member of either House of Parliament under article 102 of the Constitution.

Committee on the Welfare of Scheduled Castes and Scheduled Tribes

The Committee on the Welfare of Scheduled Castes and Scheduled Tribes consists of 20 members elected by the Lok Sabha and 10  members of Rajya Sabha are associated with it. The term of the Committee is one year. A Minister is not eligible for election to this Committee. The main functions of the Committee are to consider all matters concerning the welfare of the Scheduled Castes and Scheduled Tribes, falling within the purview of the Union Government and the Union Territories, to consider the reports submitted by the National Commission for Scheduled Castes and Scheduled Tribes and to examine the measures taken by the Union Government to secure due representation of the Scheduled Castes and Scheduled Tribes in services and posts under its control.

Railway Convention Committee

The Railway Convention Committee is an ad-hoc Committee. It consists of 18 members. Out of these, 12 members are from Lok Sabha nominated by the Speaker and 6 members are from Rajya Sabha nominated by the Chairman. By convention the Minister of Finance and the Minister of Railways are members of the Committee. Besides this, Ministers of State in the Ministry of Finance and Ministry of Railways respectively are also its members.

The main function of the Committee is to review the Rate of Dividend payable by the Railways undertaking to General Revenues as well as   other ancillary matters in connection with the Railway Finance vis-a-vis the General Finance and make recommendations thereon. The Railway Convention Committee, 1949 was the first Committee after independence. This Committee and subsequent Committees confined themselves to determining the rate of dividend payable by Railways to General Revenues. Since 1971 the Railway Convention Committees have been taking up subjects for examination and report which have a bearing on the working of Railways.

Committee on Empowerment of Women

This Committee came into being on 29th April, 1997, as a consequence of identical Resolutions adopted by both the Houses of Parliament on the occasion of International Womens’ Day on 8th March, 1996. The Committee consists of 30 members, 20 nominated by the Speaker from amongst the members of Lok Sabha and 10 nominated by the Chairman, Rajya Sabha from amongst the members of the Rajya Sabha. The term of the Committee is of one year. The Committee have been primarily mandated with the task of reviewing and monitoring the measures  taken by the Union Government in the direction of securing for women equality, status and dignity in all matters. The Committee would also suggest necessary correctives for improving the status/condition of women in respect of matters within the purview of the Union Government. Besides, another important function of the Committee is to examine the measures taken by the Union Government for comprehensive education and adequate representation of women in Legislative bodies/services and other fields. The Committee would also consider the report of the National Commission for Women. The Committee may also examine such other matters as may seem fit to them or are specifically referred to them by the Lok Sabha or the Speaker and the Rajya Sabha or the Chairman, Rajya Sabha.

Departmentally Related Standing Committees

A full-fledged system of 17 Departmentally Related Standing Committees came into being in April, 1993. These Committees cover under their  jurisdiction all the Ministries/ Departments of the Government of India. These Committees are as under :

Name of the Committee

1. Committee on Commerce

2. Committee on Home Affairs

3. Committee on Human Resource Development

4. Committee on Industry

5. Committee on Science & Technology,

Environment & Forests

6. Committee on Transport, Culture and Tourism

7. Committee on Agriculture

8. Committee on Information Technology

9. Committee on Defence

10. Committee on Energy

11. Committee on External Affairs

12. Committee on Finance

13. Committee on Food, Civil Supplies and

Public Distribution

14. Committee on Labour and Welfare

15. Committee on Petroleum & Chemicals

16. Committee on Railways

17. Committee on Urban and Rural Development

Out of the 17 Committees, 6 Committees (Sl. No. 1 to 6) are serviced by the Rajya Sabha Secretariat and 11 Committees (Sl. No. 7 to 17) by the Lok Sabha Secretariat.

Each of these Standing Committees consists of not more than 45 members—30 to be nominated by the Speaker from amongst the members of Lok Sabha and 15 to be nominated by the Chairman, Rajya Sabha from amongst the members of Rajya Sabha. A Minister is not eligible to  be nominated to these Committees.

The term of members of these Committees is one year. With reference to the Ministries/Departments under their purview, the functions of these committees are:

(a) Consideration of Demands for Grants.

(b) Examination of Bills referred to by the Chairman, Rajya Sabha or the Speaker, Lok Sabha as the case may be.

(c) Consideration of Annual Reports.

(d) Consideration of national basic long term policy documents presented to the House and referred to the Committee by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be. These Committees do not consider matters of day-to-day administration of the concerned Ministries/Departments.

The newly constituted departmentally related Standing Committee System is a path-breaking endeavour of the Parliamentary surveillance over administration. With theemphasis of their functioning to concentrate on long-term plans, policies and the philosophies guiding the working of the Executive, these Committees will be in a very privileged position to provide necessary direction, guidance and inputs for broad policy formulations and in achievement of the long-term national perspective by the Executive.

History of panchayati raj in India

The Balwantrai Mehta Committee (1957)

In 1957, Balwantrai Mehta Committee studied the Community Development Projects and the National Extension Service and assessed the extent to which the movement had succeeded in utilising local initiatives and in creating institutions to ensure continuity in the process of improving economic and social conditions in rural areas. The Committee held that community development would only be deep and enduring when the community was involved in the planning, decision-making and implementation process.^[8] The suggestions were for as follows ^[9]  :-

• an early establishment of elected local bodies and devolution to them of necessary resources, power and authority,

• that the basic unit of democratic decentralisation was at the block/ samiti level since the area of jurisdiction of the local body should neither be too large nor too small. The block was large enough for efficiency and economy of administration, and small enough for sustaining a sense of involvement in the citizens,

• such body must not be constrained by too much control by the government or government agencies,

• the body must be constituted for five years by indirect elections from the village panchayats,

• its functions should cover the development of agriculture in all its aspects, the promotion of local industries and others

• services such as drinking water, road building, etc., and

• the higher level body, Zilla Parishad, would play an advisory role.

The PRI structure did not develop the requisite democratic momentum and failed to cater to the needs of rural development. There are various reasons for such an outcome which include political and bureaucratic resistance at the state level to share power and resources with local level institutions, domination of local elites over the major share of the benefits of welfare schemes, lack of capability at the local level and lack of political will.

S K Dey : The first Minister for panchayati raj in India

Late Mr. S. K. Dey [1] (1905–1989) piloted and steered the course of community development and Panchayati Raj in the challenging, formative period of India’s independence as Cabinet Minister of Cooperation and Panchayati Raj under the prime ministership of Jawaharlal Nehru. After Nehru’s death he took leave from Ministerial responsibilities to dedicate himself fully for the cause of Panchayati Raj as long as he lived.[2]

K. Santhanam Committee (1963)

One of the prime areas of concern in this long debate on panchayati raj institutions was fiscal decentralisation. The K. Santhanam Committee was appointed to look solely at the issue of PRI finance, in 1963. The fiscal capacity of PRIs tends to be limited, as rich resources of revenue are pre-empted by higher levels of government, and issue is still debated today. The Committee was asked to determine issues related to sanctioning of grants to PRIs by the state government, evolving mutual financial relations between the three tiers of PRIs, gifts and donation, handing over revenue in full or part to PRIs. The Committee recommended the following ^[10]:

• panchayats should have special powers to levy special tax on land revenues and home taxes, etc.,

• people should not be burdened with too many demands (taxes),

• all grants and subventions at the state level should be mobilised and sent in a consolidated form to various PRIs,

• a Panchayat Raj Finance Corporation should be set up to look into the financial resource of PRIs at all levels, provide loans and financial assistance to these grassroots level governments and also provide non-financial requirements of villages.

These issues have been debated over the last three decades and have been taken up by the State Finance Commissions which are required to select taxes for assignment and sharing, identifying the principles for such sharing and assignment, determine the level of grants and recommend the final distribution of state's transfers to local authorities.20

Ashok Mehta Committee (1978)

With the coming of the Janata Party into power at the Centre in 1977, a serious view was taken of the weaknesses in the functioning of Panchayati Raj.^[11] It was decided to appoint a high-level committee under the chairmanship of Ashok Mehta to exa¬mine and suggest measures to strengthen PRIs. The Committee had to evolve an effective decentralised system of development for PRIs. They made the following recommendations ^[12] :-

• the district is a viable administrative unit for which planning, co-ordination and resource allocation are feasible and technical expertise available,

• PRIs as a two-tier system, with Mandal Panchayat at the base and Zilla Parishad at the top,

• the PRIs are capable of planning for themselves with the resources available to them,

• district planning should take care of the urban-rural continuum,

• representation of SCs and STs in the election to PRIs on the basis of their population,

• four-year term of PRIs,

• participation of political parties in elections,

• any financial devolution should be committed to accepting that much of the developmental functions at the district level would be played by the panchayats.

The states of Karnataka, Andhra Pradesh and West Bengal passed new legislation based on this report. However, the flux in politics at the state level did not allow these institutions to develop their own political dynamics.

G.V.K. Rao Committee (1985)

The G.V.K. Rao Committee was appointed to once again look at various aspects of PRIs. The Committee was of the opinion that a total view of rural development must be taken in which PRIs must play a central role in handling people's problems. It recommended the following ^[13] :-

• PRIs have to be activated and provided with all the required support to become effective organisations,

• PRIs at the district level and below should be assigned the work of planning, implementation and monitoring of rural development programmes, and

• the block development office should be the spinal cord of the rural development process.

L.M.Singhvi Committee (1986)

L.M. Singhvi Committee studied panchayatiraj. The Gram Sabha was considered as the base of a decentralised democracy, and PRIs viewed as institutions of self-governance which would actually facilitate the participation of the people in the process of planning and development. It recommended ^[14] :

• local self-government should be constitutionally recognised, protected and preserved by the inclusion of new chapter in the Constitution,

• non-involvement of political parties in Panchayat elections.

The suggestion of giving panchayats constitutional status was opposed by the Sarkaria Commission, but the idea, however, gained momentum in the late 1980s especially because of the endorsement by the late Prime Minister Rajiv Gandhi, who introduced the 64th Constitutional Amendment Bill in 1989. The 64th Amendment Bill was prepared and introduced in the lower house of Parliament. But it got defeated in the Rajya Sabha as non-convincing. He lost the general elections too. In 1989, the National Front introduced the 74th Constitutional Amendment Bill, which could not become an Act because of the dissolution of the Ninth Lok Sabha. All these various suggestions and recommendations and means of strengthening PRIs were considered while formulating the new Constitutional Amendment Act.

The 73rd Constitutional Amendment Act

The idea that produced the 73rd Amendment ^[15] was not a response to pressure from the grassroots, but to an increasing recognition that the institutional initiatives of the preceding decade had not delivered, that the extent of rural poverty was still much too large and thus the existing structure of government needed to be reformed. It is interesting to note that this idea evolved from the Centre and the state governments. It was a political drive to see PRIs as a solution to the governmental crises that India was experiencing. The Constitutional (73rd Amendment) Act, passed in 1992 by theNarasimha Rao government, came into force on April 24, 1993. It was meant to provide constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level". Its main features are as follows ^[16]:

• The Gram Sabha or village assembly as a deliberative body to decentralised governance has been envisaged as the foundation of the Panchayati Raj System.

• A uniform three-tier structure of panchayats at village (Gram Panchayat — GP), intermediate or block (Panchayat Samiti — PS) and district (Zilla Parishad — ZP) levels.

• All the seats in a panchayat at every level are to be filled by elections from respective territorial constituencies.

• Not less than one-third of the total seats for membership as well as office of chairpersons of each tier have to be reserved for women.

• Reservation for weaker castes and tribes (SCs and STs) have to be provided at all levels in proportion to their population in the panchayats.

• To supervise, direct and control the regular and smooth elections to panchayats, a State Election Commission has to be constituted in every State and UT.

• The Act has ensured constitution of a State Finance Commission in every State/UT, for every five years, to suggest measures to strengthen finances of PRIs.

• To promote bottom-up-planning, the District Planning Committee fDPC} in every district has been accorded constitutional status.

• An indicative list of 29 items has been given in Eleventh Schedule of the Constitution. Panchayats are expected to play an effective role in planning and implementation of works related to these 29 items.