INTRODUCTION

Parliament being the apex democratic law-making institution deals with numerous issues concerning the nation- political, economic, social, national security, foreign policy, science, and technology, etc. Parliament deliberates on matters which are complex, extensive, and varied in nature. And it is hard to give close consideration and comprehension to all the legislative and other matters which are put up before them as there is a need for technical expertise to understand such matters in a better and prolonged way. Therefore, Committees have been constituted primarily to share responsibility.

In a republic like ours, the great importance of the Committee system is presumed. One of the essential conditions of such a parliamentary system is administrative accountability to the legislature.

Parliamentary Committee means a Committee that is appointed or elected by the House or nominated by the Speaker and functions under the direction of the Speakers. It periodically presents reports to the House or to the Speaker; and the Lok Sabha Secretariat is present to render assistance. Parliamentary Committees help members by providing a forum where they can engage with domain experts and government officials during the course of their study. 

Parliamentary Committees are essential components of any legislature providing various supports within the discharge of responsibilities of the legislature. The support includes supervision, control and vigilance and, most significantly, sharing the heavy workload of the legislature. The Committee system ensures smooth functioning of the legislature by building consensus on critical issues and examining issues in greater detail, which the legislature could not do for want of time and being considerable in volume.

Peter Richards underlining the need for the existence of Committees said, “Now it is clear that the tradition of nominating Committees developed to deal with specific issues, which can exercise intense scrutiny of matters of detail and items of administration in a Parliamentary setup.”

The foremost purpose of parliamentary committees is to perform functions that the Houses themselves are not well-equipped to perform, i.e., finding out the facts of a case, examining witnesses, scrutinising evidence, and drawing up reasoned conclusions. Due to their composition and method of procedure, which is informally structured in comparison to the Houses, committees are well suited to the gathering of evidence from expert groups or individuals.

For example, the Committee on Health and Family Welfare studied the Surrogacy (Regulation) Bill, 2016 which prohibits commercial surrogacy, but allows altruistic surrogacy.  As Members of Parliament come from varying backgrounds, they may not have had the expertise to understand the main points around surrogacy such as fertility issues, abortion, and regulation of surrogacy clinics, among others.  The Committee called upon a variety of stakeholders including the National Commission for Women, doctors, and government officials to better their understanding of the issues, before finalising their report.

It can be said that the Parliament Committees are a form of an aid to the Parliament in making Parliamentary control strong and more effective through the use of questions and open debates, and by the assistance of those, the governmental action can be brought under the scrutiny of Parliament.

REASONS FOR NEED OF COMMITTEE SYSTEM

The two important reasons of devising of the Committee System were that, to assist the Parliament in carrying out discussion of public affairs and to scrutinise the administration. The following are some of the reasons for the need of the Committee system, 

1. More detailed and comprehensive discussion takes place as compared to the House;
2. Issues are treated in non-partisan manner. 
3. Committees provide a forum for building consensus across political parties as it consists of members from opposition party and other parties. The proceedings of the House during sessions are televised, and MPs are likely to stick to their party positions on most matters.  Committees have closed door meetings, making it non-sectarian and allowing them to freely question and providing beneficial and thoughtful suggestions in order to discuss issues and arrive at a consensus;
4. Each subjects are dealt in an accurate and elaborate manner;
5. Expert opinion and thorough knowledge of the subject matter is undertaken.

Also, G.V.Mavalankar, a former speaker of the Lok Sabha outlined the reasons for creation of the Committee system. He suggested that the Committee system was created:

1. to associate with and train a large number of legislators, in order to make them aware of the governmental affairs; 
2. to exercise control over the executive;
3. to influence the policies of the Government; and 
4. to act as an interface between the Government and the general public.

Underlining the requirement of the Committees in democratic legislatures all over the world, S.S.More stated: “No legislature can function effectively without the aid of some Committees. Discussion of details is impossible at a large meeting except debating the broad principles. All legislatures therefore elect smaller groups to discuss matters in detail and these bring the result of their discussion back to the larger body for decision.”

Functions of Committees

The majority of the Parliamentary work ·involves passing numerous bills on various subject matters. The number of bills Parliament handles in its day to day functioning makes it difficult for proper consideration and the Committees help the Houses in smooth carrying of the work by investigating and controlling the issues of subject matters.

Committees generally carry out a number of functions covering a wide range of issues, which can be grouped under two broad categories – deliberative, and executive. There is another category, categorised as investigative, which include scrutinising of the executive actions. 

The first two are consultative or facilitative in nature, while the third function authorises the Committee to act as the watchdog for transparency and accountability. Also, it links the legislatures with the general public, by reporting on the failures of the government and forces it to take remedial measures.

Kinds of Parliamentary Committees (their Role and Functions)

Both Houses of Parliament have an identical committee structure, with some exceptions. The appointment, terms of office, functions and procedure of conducting business of Houses also are quite similar and are managed as per rules made by the two Houses under Article 118(1) of the Constitution of India.

By their nature, Parliamentary Committees are broadly classified into two kinds:-

Standing Committees– These are permanent, continuous, and regular committees which are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha and Council of States. 

Most standing committees have twenty-one members from the Lok Sabha and ten members from the Rajya Sabha, and are headed by a Chairperson.

This kind is further bifurcated into Financial Committees, Departmentally Related Standing Committees and Other Committees.

Financial Committees– Committees on Estimates, Public Accounts and Public Undertakings constitute a distinct group as they keep a constant observance over Government expenditure and performance. 

While members of the Rajya Sabha are related to Committees on Public Accounts and Public Undertakings, the members of the Committee on Estimates are drawn entirely from the Lok Sabha.

The Estimates Committee is constituted under Rule 310 of Rules of Procedure and Conduct of Business in Lok Sabha and reports on ‘what economies, improvements in organisation, efficiency or administrative reform consistent with policy underlying the estimates’ is also affected. It also examines whether the money is well laid out within limits of the policy implied within the estimates and suggests the structure in which estimates shall be presented to Parliament. 

The Public Accounts Committee is constituted under the provisions of Rules 308 and 309. Its function is to inspect the accounts showing the appropriation of the sums granted by the House to fulfil the expenditure of the Government of India and it also scrutinises appropriation and finance accounts of the State. It guarantees that public money is spent in harmony with Parliament’s decision and brings the cases of waste, absurdity, loss or insufficient expenditure to notice.

The Committee on Public Undertakings examines the reports and accounts of Public Undertakings laid out in the Fourth Schedule of the Rules of Procedure and Conduct of Business in Lok Sabha and also the reports of the Comptroller and Auditor-General, if any. It also examines the efficiently working of the public undertakings as per the business principles and prudent trade practices.

Departmentally Related Standing Committees– There are twenty-four Departmentally Related Standing Committees (DRSCs), each of which oversees a group of Ministries. It was first set up in 1993, to assist the Parliament to keep up with the growing complexity of governance.  These are permanent Committees that are reconstituted every year. These Committees primarily inquire three aspects: (i) Bills, (ii) Budgets, and (iii) Subject specific issues for examination.  

In order for a Bill being properly scrutinised before passing, the law making procedure of our country includes a provision for Bills to be referred to a DRSC for detailed examination. 

Any Bill introduced in Lok Sabha or Council of States can be referred to a DRSC by either the Speaker of the Lok Sabha or Chairman of the Rajya Sabha.

Over the years, these Committees have immensely contributed to strengthen the laws passed by Parliament. For instance, the Consumer Protection Act, 2019, reconstructing the 1986 law, was recently passed during the Budget Session of 2019, by suggesting several amendments like increasing penalties for misleading advertisements, etc. 

Besides Bills, the DRSCs also examine the budget.  The detailed estimates of expenditure of all ministries, called Demand for Grants are sent for expert examination to the DRCSs.  They study the market demands to examine the trends in allocations, spending by the ministries, utilisation levels, and the policy priorities of each ministry. 

These Committees also examine policy issues in their respective Ministries, and make suggestions to the Government in order to have an efficient policy. The government then reports back by either accepting or rejecting these recommendations. Based on this, the Committees then plan off an Action Taken Report, which shows the status of the government’s action on each recommendation made. 

The procedure regarding the functioning of DRSC’s, serviced by Lok Sabha has been enumerated in Rule 331C to 331Q of the Rules of Procedure and Conduct of Business in Lok Sabha. And similarly, the procedure regarding the functioning of DRSC’s, serviced by Rajya Sabha has been enumerated in Rule 268 to 277 of the Rules of Procedure and Conduct of Business in Council of States (Rajya Sabha).

Other Standing Committees include Financial Committees which facilitate Parliament’s scrutiny over government expenditure.

In terms of their specific functions, Other Standing Committees are divided into:

• Committees to Inquire:

Committee on Petitions inspects petitions on bills and on matters of general public interest; and

• Committees to Scrutinise:

Committee on Government Assurances monitors all the promises, schemes, etc., given by Ministers in the House and keep a check on them till they are implemented efficiently;

Committee on Subordinate Legislation keep a check on the actions of delegated authorities related to the power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the Constitution or Statutes; and in case of failure, reports it to the House. It also examines the statutory notifications and orders lay on the table of the House by Ministries, to see they have been in accordance to the said provisions of Constitution, Act, Rule or Regulation.

Committee on Papers Laid on the Table scrutinises all papers laid on the table of the House by Ministers, other than statutory notifications and orders, to see whether they have been in compliance with the provisions of the Constitution, Act, Rule or Regulation under which the paper has been laid.

• Committees referring to the day-to-day business of the House:

Committee on Private Members’ Bills and Resolutions of the Lok Sabha allocates specified time to private members introduced Bills, recommends allocation of time for discussion on such resolutions and examines Constitution amendment bills before their introduction in the Lok Sabha. There is no such committee under Rajya Sabha; it is the Business Advisory Committee of that House which recommends allocation of time for such discussion on private members’ bills and resolutions;

Rules Committee examines matters of conduct and practice of business in the House and proposes amendments for the same; and

Committee on Absence of Members from the Sittings of the House of the Lok Sabha examines all applications from members for leave or absence from sittings of the House. In case of Rajya Sabha, there is no such Committee and such applications for leave or absence are considered by the House itself.

• Committee on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from both Houses serve, considers all matters relating to the welfare of Scheduled Castes and Scheduled Tribes which come within the purview of the Union Government and keeps a watch whether constitutional safeguards in respect of these classes are properly implemented or not. And in case of non-implementation, action plan is prepared against the issue.
• Ad-Hoc Committees– These committees are formed and appointed for a particular purpose only, such as addressing administrative issues, examining a Bill or an issue in the proposed Bill and they cease to exist by the completion of the task assigned to them and they submit a report on the study to the House. 

The foremost Ad hoc Committees are the Select and Joint Committees on Bills. 

Some of the Ad hoc Committees we have are Railway Convention Committee, Joint Committee on Food Management in Parliament House Complex, Joint Committee on Security in Parliament Complex, Committee on Members of Parliament Local Area Development Scheme, Joint Committee on Fertilizer Pricing, Joint Committee to enquire into Irregularities in Securities and Banking Transactions, Joint Committee on Stock Market Scam, Committee on Portraits/Statues of National Leaders installation and Parliamentarians in Parliament House Complex.

CONCLUSION

While Parliamentary Committees in India have substantially impacted Parliament’s efficacy in discharging its roles, there is still scope for strengthening the Committee system as non-binding. The foundational rules stated do not require that each Bill to be examined by a Committee and this result in some important Bills being passed without the advantage of an expert committee scrutinising its technical details in a non-partisan manner.

The scope of operation of Committees is quite limited in comparison to those in other countries where the Committees have even taken over to some extent the executive functions.

Author: Mannat Sardana, Legal Intern (June 2020)

Currently in the 3rd Year of BBA LLB (Hons.) program of Vivekananda Institute of Professional Studies, GGSIPU, New Delhi. And along with BBA LLB, I am also pursuing CS program from ICSI (cleared foundation level).