Documents Made Simple: Key to Budget Documents

In the post ‘Government Budgeting basics‘, we have seen that Indian Budget is not a single document, but consists of many documents like Annual Financial Statement, Demand for Grants, Appropriation Bill, Finance Bill etc. Also, there are certain budget documents as per the requirements of FRBM act 2003. In this post, we shall go into the details of each of these documents and see what these documents are all about.

Annual Financial Statement

Annual Financial Statement (AFS), the document as provided under Article 112, shows estimated
receipts and expenditure of the Government of India for next financial year (say, 2017-18) in relation to estimates for the previous financial year (ie 2016-17) as also expenditure for the year before last financial year (ie. 2015-16). The receipts and disbursements are shown under the three parts, in which Government Accounts are kept viz.,(i) Consolidated Fund, (ii) Contingency Fund and (iii) Public Account. The estimates of receipts and expenditure included in the Annual Financial Statement are for the expenditure net of refunds and recoveries, as will be reflected in the accounts.

Annual Financial Statement has the following heads.

1. Statement I – Consolidated Fund of India [Receipts and Expenditure: Revenue Account; Receipts and Expenditure: Capital Account]
2. Statement IA – Expenditure charged on the Consolidated Fund of India
3. Statement 2 – Contingency Fund of India
4. Statement 3 – Public Accounts of India [Receipts and Expenditure]
5. Receipts & Expenditure of Union Territories without Legislature.

Demand For Grants

Article 113 of the Constitution mandates that the estimates of expenditure from the Consolidated
Fund of India included in the Annual Financial Statement and required to be voted by the Lok Sabha are submitted in the form of Demands for Grants. The Demands for Grants are presented to the Lok Sabha along with the Annual Financial Statement. Generally, one Demand for Grant is presented in
respect of each Ministry or Department. However, more than one Demand may be presented for a
Ministry or Department depending on the nature of expenditure. In regard to Union Territories without Legislature, a separate Demand is presented for each of the Union Territories. In budget 2014-15 there were 106 Demands for Grants.

Each Demand first gives the totals of ‘voted’ and ‘charged’ expenditure as also the ‘revenue’ and ‘capital’ expenditure included in the Demand separately, and also the grand total of the amount of expenditure for which the Demand is presented. This is followed by the estimates of expenditure under different major heads of account. The breakup of the expenditure under each major head between ‘Plan’ and ‘Non-Plan’ is also given. The amounts of recoveries taken in reduction of expenditure in the accounts are also shown. A summary of Demands for Grants is given at the beginning of this document, while details of ‘New Service’ or ‘New Instrument of Service’ such as formation of a new company, undertaking or a new scheme, etc., if any, are indicated at the end of the document.

PS: For more reference on any of these budget documents refer: Key to Budget Documents by Ministry of Finance as given in indiabudget.nic.in.

Appropriation Bill

Under Article 114(3) of the Constitution, no amount can be withdrawn from the Consolidated Fund without the enactment of such a law by Parliament. After the Demands for Grants are voted by the Lok Sabha, Parliament’s approval to the withdrawal from the Consolidated Fund of the amounts so voted and of the amount required to meet the expenditure charged on the Consolidated Fund is sought through the Appropriation Bill.

The whole process beginning with the presentation of the Budget and ending with discussions and voting on the Demands for Grants requires sufficiently long time. The Lok Sabha is, therefore, empowered by the Constitution to make any grant in advance in respect of the estimated expenditure for a part of the financial year pending completion of procedure for the voting of the Demands. The purpose of the ‘Vote on Account’ is to keep Government functioning, pending voting of ‘final supply’. The Vote on Account is obtained from Parliament through an Appropriation (Vote on Account) Bill.

Finance Bill

At the time of presentation of the Annual Financial Statement before Parliament, a Finance Bill is also
presented in fulfillment of the requirement of Article 110 (1)(a) of the Constitution, detailing the imposition, abolition, remission, alteration or regulation of taxes proposed in the Budget. A Finance Bill is a Money Bill as defined in Article 110 of the Constitution. It is accompanied by a Memorandum explaining the provisions included in it.

Memorandum Explaining the Provisions in the Finance Bill

To facilitate understanding of the taxation proposals contained in the Finance Bill, the provisions and their implications are explained in the document titled Memorandum Explaining the Provisions of the Finance Bill.

Documents as per the requirements of FRBM act: 

Macroeconomic Framework Statement

The Macroeconomic Framework Statement presented to Parliament under Section 3(5) of the Fiscal
Responsibility and Budget Management Act, 2003 and the rules made thereunder contains an assessment of the growth prospects of the economy with specific underlying assumptions. It contains assessment regarding the GDP growth rate, fiscal balance of the Central Government and the external sector balance of the economy.

Fiscal Policy Strategy Statement

The Fiscal Policy Strategy Statement, presented to Parliament under Section 3(4) of the Fiscal Responsibility and Budget Management Act, 2003, outlines the strategic priorities of Government in the fiscal area for the ensuing financial year relating to taxation, expenditure, lending, and investments, administered pricing, borrowings and guarantees. The Statement explains how the current policies are in conformity with sound fiscal management principles and give the rationale for any major deviation in key fiscal measures.

Medium-term Fiscal Policy Statement

The Medium-term Fiscal Policy Statement presented to Parliament under Section 3(2) of the Fiscal
Responsibility and Budget Management Act, 2003, sets out three-year rolling targets for four specific fiscal indicators in relation to GDP at market prices namely (i) Revenue Deficit, (ii) Fiscal Deficit, (iii) Tax to GDP ratio and (iv) Total outstanding Debt at the end of the year. The Statement includes the underlying assumptions, an assessment of sustainability relating to balance between revenue receipts and revenue expenditure and the use of capital receipts including market borrowings for generation of productive assets.

Medium-term Expenditure Framework Statement

The Medium-term Expenditure Framework Statement presented to Parliament under Section 3 of the
Fiscal Responsibility and Budget Management Act, 2003 sets forth a three-year rolling target for the expenditure indicators with a specification of underlying assumptions and risks involved. The objective of the MTEF is to provide a closer integration between budget and the FRBM Statements.
PS: This Statement is presented separately in the session next to the session in which Budget is presented, i.e. normally in the Monsoon Session.

Explanatory Documents

Expenditure Budget Volume-1

This document deals with revenue and capital disbursements of various Ministries/Departments and
gives the estimates in respect of each under ‘Plan’ and ‘Non-Plan’. It also gives analysis of various
types of expenditure and broad reasons for the variations in estimates.

Expenditure Budget Volume-2

The provisions made for a scheme or a programme may spread over a number of Major Heads in the
Revenue and Capital sections in a Demand for Grants. In the Expenditure Budget Vol. 2, the estimates made for a scheme/programme are brought together and shown on a net basis at one place, by Major Heads. To understand the objectives underlying the expenditure proposed for various schemes and programmes in the Demands for Grants, suitable explanatory notes are included in this volume in which, wherever necessary, brief reasons for variations between the Budget estimates and Revised estimates for the current year and requirements for the ensuing Budget year are also given.

Receipts Budget

Estimates of receipts included in the Annual Financial Statement are further analysed in the document
“Receipts Budget”. The document provides details of tax and non-tax revenue receipts and capital receipts and explains the estimates. The document also provides the arrears of tax revenues and non-tax revenues, as mandated under the Fiscal Responsibility and Budget Management Rules, 2004. The trend of receipts and expenditure along with deficit indicators, statement pertaining to National Small Savings Fund (NSSF), statement of revenues foregone, statement of liabilities, statement of guarantees given by the government, statements of assets and details of external assistance are also included in Receipts Budget.

Budget at a Glance

This document shows in brief, receipts, and disbursements along with broad details of tax revenues and other receipts. This document also exhibits broad break-up of expenditure – Plan and Non-Plan, allocation of Plan outlays by sectors as well as by Ministries/Departments and details of resources transferred by the Central Government to State and Union Territory Governments. This document also shows the revenue deficit, the gross primary deficit and the gross fiscal deficit of the Central Government. The excess of Government’s revenue expenditure over revenue receipts constitutes revenue deficit of Government. The difference between the total expenditure of Government by way of revenue, capital and loans net of repayments on the one hand and revenue receipts of Government and capital receipts which are not in the nature of borrowing but which finally accrue to Government
on the other, constitutes gross fiscal deficit. Gross primary deficit is measured by gross fiscal deficit reduced by gross interest payments. In the Budget documents ‘gross fiscal deficit’ and ‘gross primary
deficit’ have been referred to in abbreviated form ‘fiscal deficit’ and ‘primary deficit’, respectively. This document also shows liabilities of the Government on account of securities (bonds) issued in lieu of
oil and fertilizer subsidies.

Highlights of Budget

This document explains the key features of the Budget, inter alia, indicating the prominent
achievements in various sectors of the economy. It also explains, in brief, the budget proposals for allocation of funds to be made in important areas. The summary of tax proposals is also reflected in the document.

Other Documents Along with Budget Statements

Detailed Demands for Grants

The Detailed Demands for Grants are laid on the table of the Lok Sabha sometime after the presentation of the Budget, but before the discussion on Demands for Grants commences. Detailed Demands for Grants further elaborate the provisions included in the Demands for Grants as also actual expenditure during the previous year. A break-up of the estimates relating to each programme/organisation, wherever the amount involved is not less than 10 lakhs, is given under a number of object heads which indicate the categories and nature of expenditure incurred on that programme, like salaries, wages, travel expenses, machinery and equipment, grants-in-aid, etc. At the end of these Detailed Demands are shown the details of recoveries taken in reduction of expenditure in the accounts.

Outcome Budget

With effect from Financial Year 2007-08, the Performance Budget and the Outcome Budget hitherto presented to Parliament separately by Ministries/Departments, are merged and presented as a single document titled “Outcome Budget” by each Ministry/Department in respect of all Demands/ Appropriations controlled by them, except those exempted from this requirement. Outcome Budget broadly indicates physical dimensions of the financial budget of a Ministry/Department, indicating actual physical performance in the preceding year (2015-2016), performance in the first nine months (up to December) of the current year (2016-2017) and the targeted performance during the ensuing year (2014-2015).

Annual Reports

A descriptive account of the activities of each Ministry/Department during the year 2016-2017 is given in the document Annual Report which is brought out separately by each Ministry/Department and circulated to Members of Parliament at the time of discussion on the Demands for Grants.

Economic Survey

The Economic Survey brings out the economic trends in the country which facilitates a better appreciation of the mobilisation of resources and their allocation in the Budget. The Survey analyses the trends in agricultural and industrial production, infrastructure, employment, money supply, prices, imports, exports, foreign exchange reserves and other relevant economic factors which have a bearing on the Budget, and is presented to the Parliament ahead of the Budget for the ensuing year.

Conclusion:

The Budget of the Central Government is not merely a statement of receipts and expenditure. Since
Independence, with the launching of Five Year Plans, it has also become a significant statement of government policy. The Budget reflects and shapes, and is, in turn, shaped by the country’s economy. For a better appreciation of the impact of government receipts and expenditure on the other sectors of the economy, it is necessary to group them in terms of economic magnitudes, for example, how much is set aside for capital formation, how much is spent directly by the Government and how much is transferred by Government to other sectors of the economy by way of grants, loans, etc. This analysis is contained in the Economic and Functional Classification of the Central Government Budget which is brought out by the Ministry of Finance separately.

Government Budgeting in India – The Process and Constitutional Requirements

What is the process of government budgeting in India? What are the constitutional requirements regarding the annual financial statement?

How knowledgeable are you regarding the government budgeting process of India?

In this post, we explain the basics of Indian Budget and Government Budgeting process for beginners.

What exactly is a budget?

As you know, the budget is a report presented by the government. It is a report of the government finances which includes revenues and outlays.

Thus, the budget can be defined as the most comprehensive report of the government’s finances in which revenues from all the sources and outlays for all activities are consolidated.

In simple terms, the budget is an annual financial statement of the revenue and expenditure of a government.

Budget in the Indian Constitution

The term ‘Budget’ is not mentioned in the Indian Constitution; the corresponding term used is ‘Annual Financial Statement’ (article 112).

What are the constitutional requirements which make Budget necessary?

1. Article 265: provides that ‘no tax shall be levied or collected except by authority of law’. [ie. Taxation needs the approval of Parliament.]
2. Article 266: provides that ‘no expenditure can be incurred except with the authorisation of the Legislature’ [ie. Expenditure needs the approval of Parliament.]
3. Article 112: President shall, in respect of every financial year, cause to be laid before Parliament, Annual Financial Statement.

FRBM Act

The Fiscal Responsibility and Budget Management (FRBM) Act was passed by the Indian Parliament in 2003 for better budget management.

The FRBM act also provided for certain documents to be tabled in the Parliament of India, along with Budget, annually with regards to the country’s fiscal policy.

Budget Documents

Do you know that the Annual Financial Statement is only one of the several budget documents presented by the Finance Minister?

The Budget documents presented to Parliament comprise, besides the Finance Minister’s Budget Speech, the following:

1. Annual Financial Statement (AFS) – Article 112
2. Demands for Grants (DG) – Article 113
3. Appropriation Bill – Artice 114(3)
4. Finance Bill – Article 110 (a)
5. Memorandum Explaining the Provisions in the Finance Bill.
6. Macro-economic framework for the relevant financial year – FRBM Act
7. Fiscal Policy Strategy Statement for the financial year – FRBM Act
8. Medium Term Fiscal Policy Statement – FRBM Act
9. Medium Term Expenditure Framework Statement – FRBM Act
10. Expenditure Budget Volume-1
11. Expenditure Budget Volume-2
12. Receipts Budget
13. Budget at a glance
14. Highlights of Budget
15. Status of Implementation of Announcements made in Finance Minister’s Budget Speech of the previous financial year.

There are also other related documents like Detailed Demands for Grants, Outcome Budget, Annual Reports and Economic Survey presented along with the budget documents in Parliament.

PS: The documents shown at Serial 1, 2, 3 and 4 are mandated by Art. 112,113, 114(3) and 110(a) of the Constitution of India respectively, while the documents at Serial 6,7, 8 and 9 are presented as per the provisions of the Fiscal Responsibility and Budget Management Act, 2003. Other documents are in the nature of explanatory statements supporting the mandated documents with narrative or other content in a user-friendly format suited for quick or contextual references. Hindi version of all these documents is also presented to Parliament

Government Budgeting: Railway Budget Presentation

Do figures related to Railways find mention in Annual Financial Statement or are they part of only Railway budget?

Until 2016 (for 92 years), the budget of the Indian Railways was presented separately to Parliament and dealt with separately. Even then the receipts and expenditure of the Railways formed part of the Consolidated Fund of India and the figures relating to them are included in the ‘Annual Financial Statement’.

The last Railway Budget was presented on 25 February 2016 by Mr. Suresh Prabhu.

Since 2017, Railway Budget is merged with the Union Budget.

Government Budgeting: Union Budget Presentation

In India, the Budget is presented to Parliament on such date as is fixed by the President.

Between 1999 to 2016, the General Budget was presented at 11 A.M. on the last working day of February.

However, since 2017, the Indian Budget is presented on 1 February. As a convention, Economic Survey is also tabled in the Parliament – one day prior to budget submission, ie on January 31.

Note: In an election year, Budget may be presented twice — first to secure Vote on Account for a few months and later in full.

Vote on Account

The discussion on the Budget begins a few days after its presentation.

If the Parliament is not able to vote the entire budget before the commencement of the new financial year (ie. within 1 month or so), the necessity to keep enough finance at the disposal of Government in order to allow it to run the administration of the country remains. A special provision is, therefore, made for “Vote on Account” by which Government obtains the Vote of Parliament for a sum sufficient to incur expenditure on various items for a part of the year.

Normally, the Vote on Account is taken for two months only. But during the election year or when it is anticipated that the main Demands and Appropriation Bill will take a longer time than two months, the Vote on Account may be for a period exceeding two months.

So what exactly is Vote on Account?

Vote on Account is a special provision by which the Government obtains the Vote of Parliament for a sum sufficient to incur expenditure on various items for a part of the year, usually two months.

Vote on Account was widely used along with every budget before 2016 when the date of the budget presentation was the last day of February. Now vote on account is used only in special years like the election years (used along with interim budget).

Vote on Account deals only with the expenditure part. But the interim budget, as well as full budget, has both receipt and expenditure side.

So presentation and passing of vote on account is the first stage in the budget passing process. Vote on Account is necessary for the working of the government until the period the full budget is passed.

Budget Speech

The Budget Speech of the Finance Minister is usually in two parts. Part A deals with the general economic survey of the country while Part B relates to taxation proposals.

He makes a speech introducing the Budget and it is only in the concluding part of his speech that the proposals for fresh taxation or for variations in the existing taxes are disclosed by him.

The ‘Annual Financial Statement’ is laid on the Table of Rajya Sabha at the conclusion of the speech of the Finance Minister in Lok Sabha.

 

Indian Public Administration. Ramesh K Arora & Rajni Goyal

Indian Public Administration. Ramesh K Arora & Rajni Goyal

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Elections to the Rajya Sabha: Know the procedure of electing a candidate to the upper house

 Most of us know how elections are conducted in Lok Sabha. But how is a candidate elected to Rajya Sabha? What is the election procedure of the upper house, Rajya Sabha, also known as the Council of States? Procedure for Rajya sabha elections are more complex when compared to Loksabha elections.

Why Rajya Sabha or Council of States?

A single directly elected House was considered inadequate to meet the challenges before free India by the Constituent Assembly.  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 meant to be the federal chamber i.e., a House elected by the elected members of Assemblies of the States and two Union Territories in which  States were not given equal representation (unlike many other federal countries).  Apart from the elected members, provision was also made for the nomination of twelve members to the House by the President.

Composition of Rajya Sabha

Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the States and of the two Union Territories.  The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of the States and Union territories of Delhi and Puducherry and 12 are nominated by the President. The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service.

Allocation of Seats to Rajya Sabha

The Fourth Schedule to the Constitution provides for the allocation of seats to the States and Union Territories in Rajya Sabha.  The allocation of seats is made on the basis of the population 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.

Process of Rajya Sabha Election

The representatives of the States and of the Union Territories in the Rajya Sabha are elected by the method of indirect election.  The representatives of each State and two Union territories are elected by the elected members of the Legislative Assembly of that State and by the members of the Electoral College for that Union Territory, as the case may be, in accordance with the system of proportional representation by means of the single transferable vote.

Election to Rajya Sabha: Procedure Illustrated with an Example

The Rajya Sabha seat quota for each state is fixed as per Schedule 4 of the constitution. Elections to 1/3 of these seats occur every 2 years. Let’s take an example of a state where there is Rajya Sabha election for 3 seats. Let there be only two parties in the legislative assembly. Party A has 100 seats and party B has 40 seats. Both parties can field three candidates each for the three Rajya sabha seats.

To win a Rajya Sabha seat, a candidate should get a required number of votes. That number (quotient) is found out using the below formula.

Quotient = Total number of votes divided by (Number of Rajya Sabha seats + 1 ) + 1.

In the illustrated case, a candidate requires (140/4)+1, ie. 36 votes to win.

NB: Members don’t vote for each seat. If that had been the case then only the ruling party representatives would make it through. Rather, the members give preferences for each candidate (as 1, 2, 3, 4, 5 and 6). If 36 or more members choose a candidate as their first choice, he gets elected. So the Party B (opposition party in Loksabha assembly) with 40 seats can get one member elected if the members give preference for a candidate as first preference. The ruling party (Party A) on the other hand can get 2 members elected (72 votes from their 100 members).

Important parliamentary committees in depth.

We have so far seen the list of Parliamentary Committee in Lok Sabha and Rajya Sabha. We have also seen the difference between Joint Committees and Select Committees. In this article, let us explore the details of some of the important Parliamentary Committees like Committee on Estimates, Committee on Public Undertakings, Committee on Public Accounts etc.

Important Committees which act as Parliament’s ‘Watch Dogs’ over the executive (Select and Joint)

Committees on Subordinate Legislation

Committee on Government Assurances

Committee on Estimates (Select committee of LS)

Committee on Public Accounts (PAC)

Committee on Public Undertakings (PUC)

Department Related Standing Committees (DRSCs) – (covered in our last post on Parliamentary Committees Basics)

PS: The Committee on Estimates, the Committee on Public Accounts, the Committee on Public Undertakings

 (NB: These three comes under the category of Finance Committees) and DRSCs play an important role in exercising a check over governmental expenditure and Policy formulation.

Committee on Estimates

This Committee consists of 30 members who are elected by the Lok Sabha every year from among 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 improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates may be effected. They suggest alternative policies in order to bring about efficiency and economy in administration.

NB: 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.

NB: 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. 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.

(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.

NB: 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. 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)

Parliamentary committees

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 (Joint)

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 (Ad-hoc)

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

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.

References:

Parliamentary Committees in Lok Sabha.

Parliamentary Committees in Rajya Sabha.

Contribution of supreme court in the juvenile justice on india

Introduction of the Role of Juvenile Justice system in India: – Children are God’s greatest gift; if they are treated with the highest level of human ability, society will profit and be happier as a result. Society will suffer if children are neglected and abused. International law actually considers anyone below 18 years of age to be an adolescent. Because children are our country’s future, it is critical that their rights be safeguarded.

The Indian legal system plays a critical role in the preservation of children’s rights through enacting numerous legislation. In today’s world, judicial activism is a powerful instrument for protecting children’s rights, especially prevention from child maltreatment, trafficking, and sexual abuse, among other things.

Table of Contents   

History of Juvenile Justice System in India

The primary objectives of the Act

Juvenile Justice(J.J.) Act, 2000

Distinction  between Juvenile & Child

Current juvenile court system in Asian countries

It is based on the idea of three main assumption

Juvenile Justice Act, 2015

Some of the standout features are

Juvenile Court

Here are the main special procedures.

Juvenile Delinquency causes

Teenage instability

The collapse of the family system

Economic and poverty

Migration

Sex Indulgence

Modern lifestyle Style

India’s Constitution and Juvenile Justice

‘Doli incapax’ doctrine

The key examples summarize the doctrine’s main goals:

Specific provisions of the penal code and relevant court decisions

Conclusion of the Role of Juvenile Justice system in India

History of Juvenile Justice System in India

In the modern period, a movement for the particular treatment of juvenile offenders has sprung up all over the world, especially in many industrialized countries such as the United Kingdom and the United States of America. This movement began in the mid-eighteenth century. Juvenile offenders were once handled the same as other serious criminals. On Nov 20, 1989, the U.N. General Assembly enacted a Declaration on the Rights of children for the same purpose. This treaty is intended to safeguard young offenders’ best interests.

 According to the Treaty, there shall be no legal proceedings or court proceedings against juveniles in order to protect their social rehabilitation. The Convention urges the Indian Legislature to abolish and replace the Juvenile Justice Act of 1986 and to enact new legislation As a result, Indian legislators enacted a new law known as “The Juvenile Justice (Care and Protection of Children) Act, 2000.”

The Juvenile Justice Act of 1986, which changed the prior Children Act of 1960, was passed to comply with the provisions to the recommendations made in the U.N’ Fundamental Executive Regulations of Young Offenders, which were ratified in November 1985. The aforementioned Act was divided into 63 sec and 7 chapters, and it was applicable throughout India. The Act’s main goal is to ensure protection and support, as well as rehabilitation, training, and treatment, for mistreated juvenile delinquents.

The primary objectives of the Act

were as described in the following

The act primarily formed a consistent structure for the nation’s J.J system, making sure that juveniles’ rights and interests are legally protected.

It examines the necessary equipment and necessary infrastructure for care, safeguard, cure, develop, and rehabilitate young perpetrators.

It laid the groundwork for the effective and fair treatment of offenders in litigation concerning serious offences committed by juvenile offenders.

Juvenile Justice(J.J.) Act, 2000

The Legislation was passed in the year 2000 with the object of providing safeguard to adolescents. The preceding has been revised twice. The modification was intended to resolve the operational gap & ambiguities.

Furthermore, the rapid rise of juvenile youth violence cases in previous years, as well as the heart wrenching “Delhi Gang Rape Case,” has compelled legislators to enact legislation. The biggest drawback of this law is that the legal and regulatory framework is incomplete, and the juvenile justice structure in India is also an important factor in prohibiting juvenile crimes. This law was soon replaced by the J. J. Act (Protection and Care) Act of 2015.

Distinction  between Juvenile & Child

A minor is an individual who is below the age of lawful obligation & responsibility, or who is below the legal age of 18 years. An accused child is not tried as an adult and is instead of being transferred to a children treatment facility, even though the minor is someone between the ages of 16 and 18. A minor perpetrator has been charged and is being tried as an adult in court.

 In general, both terms have the same definition, but the difference is in the context of the legal implications. Minor refers to a child or juvenile, while juvenile refers to an immature person or a young perpetrator/offender.

Current juvenile court system in Asian countries

India, like other countries, has enacted legislation specifically dealing with the rights and protection of juvenile delinquency with the aim of addressing the issue of juvenile delinquency.

It is based on the idea of three main assumption

Young criminals should not be tried, but should be rectified in  the best possible way.

They must not be prosecuted, but instead should be granted the chance to reform themselves.

Trials against children who violate the law should be based on non-criminal treatment by the community under social control agencies. Observers and special homes.

Juvenile Justice Act, 2015

This Act superseded the J.J Act of 2000, recognizing the need for a more powerful and efficient system of justice that prioritized deterrence and rehabilitation. Juveniles should be treated differently from adults, and it has been expressed in Parliament that they should be given more opportunities for change, correction and improvement, and this is only possible in a special judicial system. Therefore, a new law, the Juvenile Justice Act (Child Care and Protection) Act of 2015, has focused on a youth-friendly approach to addressing and solving problems.

Some of the standout features are

 A clear distinction has been made regarding aspects of crime, meaning that categories have been established to classify crimes as heinous, serious, and minor. Specifications have been established for minors aged 16 to 18 years. If they commit any crimes, they will be tried as adults only after testing their mental skills.

About Juvenile Court, that is special courts created to try misdemeanours only, like  NDPS courts, POCSO courts, etc.  With the entry into force of the 2015 law, By including the following factors among the numerous specified in Article 2 (14) of the Juvenile Justice (Child Care and Protection) Act 2015, the scope of the concept of “Children in Need of Care &  Protection” has been expanded:

People whose guardians or parents are unable or not interested in taking care of the child.  Those who are/are caught doing work in violation of labour laws. People who are on the verge of marrying before they attain the age of majority. The definition of adoption has also been clarified in the statute that recognises children’s right to adoption. The aim is to strengthen rules pertaining to children who are discovered to be breaking the law as well as children who require protection and support by providing their fundamental needs, development, appropriate treatment, social integration, child adoption-friendly environment. The approach in resolving and resolving cases in the best interests of the child. The law also emphasizes the rehabilitation of juvenile offenders through various facilities and care centres.

Juvenile Court

There is a committee structure aimed at investigating and hearing juvenile issues that violate the law.

The board of directors consists of the presiding judge and two social workers, one of whom must be a female. The law provides that the board of directors may not regulate and operate a regular courthouse under any circumstances. The chief judge’s decision is final. Juvenile Court Special Procedures: The law provides procedures for juvenile offenders.

Here are the main special procedures.

A complaint filed by the officers or a citizens cannot be used to initiate legal proceedings in a matter.

Hearings must be informal and must be strictly confidential.

Offenders must remain under surveillance even after detention.

Judgments of minors who break the law are made by judges.

Children who are in conflict with the law may be referred to individual committee members when the committee is not in session.

Juvenile Delinquency causes

According to researches and research, there are various causes of delinquent behavior in India. Everyone has different behavioral patterns, in the case of children as well. Behavioral patterns develop during infancy and during early life, it is difficult to identify any type of behavior. However, once children reach adulthood and enter the actual world, their behaviours alter with time, and a variety of causes and situations may trigger antisocial behaviour in them.

These were some of the factors that contribute to delinquent behavior

Teenage instability

It is a result of hormonal, mental, and psychological and sociological factors that influence adolescence patterns of behaviour. At this stage, teenagers become more aware of their appearance, fashion, luxury, food, games and more. And at this age they wanted freedom and wanted to be independent, but sometimes parents, teachers, and elder leaders give them every opportunity and leads to develop their antisocial behavior. As a result, antisocial conduct, biological changes, and psychological factors are all factors that contribute to adolescent delinquency.

The collapse of the family system

The collapse of the family system and the loosening of parental controls are also major causes of increased juvenile delinquency. Usually, parental divorce, lack of parental controls, and lack of affection are the main causes of juvenile delinquency.

Economic and poverty

Poverty and bad economic conditions are also the main behind the increase in juvenile delinquency, as  parents and guardians do not meet their children’s needs  and at the same time they want  their  parents to meet their needs. By hook & cook, and when their wishes come true, they begin stealing money from their homes and other parents. And as a result, a habit of stealing developed, leading to widespread theft.

Migration

Migration of homeless and destitute adolescents’ males to slums areas exposes them to anti-social aspects of social life who engage in illicit activities such as sex trafficking, drug trafficking, and narcotics trafficking. These kind of activities are quite appealing to juveniles, and they may participate in them.

Sex Indulgence

Adolescents who have been subjected to sex abuse or any other type of forced physical violence in their early life may exhibit unpleasant conduct and mentality. They may become even more vagrants or seek to have experience of sex at this age. Too much sex diversity may encourage boys to commit crimes such as kidnapping & rapes.

Modern lifestyle Style

Due to rapidly influencing social trends & western life styles, it is exceptionally hard for adolescents to adapt to changing lifestyles. They are forced to deal with cultural issues and not able to distinguish between what is right & what is wrong.

India’s Constitution and Juvenile Justice

The Indian Constitution is regarded as the country’s fundamental law. Citizens’ rights and responsibilities are outlined in the Constitution. It also makes provisions for the operation of the government machinery. Part III of the Constitution provides Basic Rights for its citizens, while Part IV provides DPSP, which serve as general guidance in phrasing laws and policies. The Constitution has established some fundamental rights and provisions, particularly for the child’s welfare. For example: –

All children between the ages of 6 and 14 have the right to free & compulsory primary education (Article 21A).

Under the age of 14, you have the right to be protected from any hazardous employment (Article 24).

Right to be guarded from any type of assault by an adult (Article 39(e)).

The right to be free of trafficking in human beings and the compelled bonded labour framework (Article (Article 39).

The right to adequate nutrition and a decent quality of life (Article 47).

Article 15(3) of the Indian Constitution grants specific power and authority to states to enact specific laws for the advancement and improvement of women & children.

As a result, when drafting the Juvenile Act, 2015, lawmakers took into account all of the implementation outlined in the Constitution to ensure that children’s rights are protected in all feasible aspects.

For the same specific purpose, Chapter IV of the Act establishes protections for the improvement of juvenile offenders and focuses on the Rehabilitation and Reintegration of Juvenile offenders in all kinds of circumstances.

As per the Act, the maximum penalty for juvenile delinquents is 3 years, and this sentence is applicable to both serious and minor offences. In the instance of an adult perpetrator, the highest penalty that can be imposed is 7 years in jail, life in prison, or the death sentence. However, the Act, in the case of juvenile delinquents, places a strong emphasis on youth rehabilitation. The Act allows for the following types of reformation punishment: – sending adolescents to Rehab Facilities, Adolescent Schools, or requiring them to participate in various government or non-governmental programs.

In today’s world, there is no reason to penalize someone for a horrible and violent crime with such a low sentence based only on their age. Rape is rape, and no one can get away with it by claiming age, mental infirmity, or mental unfitness.

As a result, the present rule, known as Age Determination or Age Consent, has no effect on crime on teenage anti-social behaviour. Adolescent criminals feel that committing heinous crimes is unimportant since they will receive minimal or no punishments in the name of rehabilitation.

Implementing a reformative philosophy of legal punishment gives juveniles an unfair edge in perpetuating their abilities to commit crimes without incurring serious penalties. Reformation is beneficial, but it is not always the case. If the goal of the legislation is to reform juvenile offenders so that they might have a decent standard of living, the victim’s rights must be addressed as well. The victim must be compensated. The philosophy of reformation assists juveniles in reforming, but it does not assist victims in any way.

The current juvenile justice system in India is based on the belief that while young delinquents can be rehabilitated & reformed, incarcerating them will reinforce their status in society as “criminals.” Now the issue is whether or not juvenile criminals will be rehabilitated and will not engage in anti-social behaviour in the future.

The act as a whole is more concerned with reform than with punitive action. Penalization will undoubtedly have a deterrent impact on juveniles, resulting in a reduction in the rate of juvenile criminality.

‘Doli incapax’ doctrine

The idea of ‘Doli Incapax,’ which enunciates the criminal culpability of the adolescent, is among the most essential principles of Criminal Justice. When this doctrine is implemented and interpreted in the context of Indian legislation, the outcome is that no adolescent under the age of 7 must be prosecuted for committing a crime.

The theory of ‘Doli Incapax’ refers to an individual’s inability to violate the law. It is stated in Art. 40 (3) (a) of the United Nations Declaration on the Rights of the Child, which also specifies that each and every state must clearly state the age limit for juveniles who must be exempt from criminal prosecution due to their inability to understand the nature and repercussions of their acts.

The investigation and prosecution are able to take responsibility for proving the wrongdoing perpetrated by the child in question for juvenile offenders aged 8 to 14.

The key examples summarize the doctrine’s main goals:

A child must be protected from the harshness of the punitive action meted out in response to his acts.

To help the child conquer his anxiety, a reformative based approach should be used.

A children below the age of 7 doesn’t even have the mental capability to understand the consequences of his actions; he or she may clearly have no knowledge as well as the desire to commit crimes, and simple ‘actus reus’ cannot be a basis for court proceedings except if accompanied by ‘mens rea’.

Specific provisions of the penal code and relevant court decisions

Sec. 82 & 83 of the I.P.C., 1860 specifically address the exemption of juveniles from prosecution.

In the case of Kakoo v. Union Of India, the Apex Court reduced the prison sentence of a 13-year-old boy who raped a 2-year-old girl. The court considered sections 83 & 84 of the IPC, which state that juveniles cannot be treated as adults. As a result, it is well-established law that when dealing with juveniles, the court must recognize reformative and humanitarian perspectives.

In the case of Heeralal v. Union of India, however, a child threatened an adult with chopping him into pieces, and the child then stabbed a person to death. The trial court convicted him, citing the fact that the boy was old enough to understand the implications of his acts. The petition was also rejected by the apex Court.

Conclusion of the Role of Juvenile Justice system in India

India’s escalating youth crime rates are a serious worry that should be adequately addressed. Although the govt. has enacted numerous laws and regulations to reduce youth crime, the current laws on adolescents are not having a deterrent effect on the juvenile offenders, so the outcomes are not productive and the legislative intent is not accomplished.