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.

Parliamentary Committees in Lok Sabha and Rajya Sabha

What do you mean by the Parliamentary Committee? What are the types of committees in the Parliament of India?

You all are familiar with Parliament as a major organ of the state dealing with lawmaking. Parliament is also the authority to check the Executive (government). Every Executive is answerable to the Parliament. Our discussion and analysis on Parliament will be incomplete if we don’t touch the Parliamentary Committees.

Parliamentary Committees are committees, with MPs as members, for specialized work on behalf of the entire Parliament.

Why Parliamentary Committees?

The work done by the Parliament in modern times is considerable in volume and varied in nature.

The time at its disposal is limited (Remember that our Parliament normally meets only for 3 sessions, that too only for around 100 days each year!). It cannot, therefore, give close consideration to the details of all the legislative and other matters that come up before it.

Hence Parliamentary Committees are necessary for a detailed study on specific matters.

How Parliament transacts its business with Parliamentary Committees?

1. 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.
2. A motion has to be moved and adopted to this effect in the House in which the Bill comes up for consideration.
3. 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.
4. 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.
5. The Committee can also take evidence of associations, public bodies or experts who are interested in the Bill.
6. After the Bill has thus been considered the Committee submits its report to the House.
7. Members who do not agree with the majority report may append their minutes of dissent to the report.

Types of Parliamentary Committees

Based on purpose and duration.

Adhoc.

Standing – Advisory and Enquiry.

Based on composition.

Select – Single House, ie either LS or RS.

Joint – Both Houses.

Select Committee

Eg: Estimate (LS), Ethics Committee (RS)

Committees on Bills (Select)

Joint Committee

Eg: PAC

Committees on Bills ( Joint)

Ad hoc Committees vs 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.

Examples of ad hoc committees

Committees on Bills (Select and Joint).

Railway Convention Committee.

Committees on the Draft Five Year Plans.

Hindi Equivalents Committee.

Standing Committees are permanent committees. Each House of Parliament has Standing Committees.

Examples of standing committees

1. Business Advisory Committee.
2. Committee on Petitions.
3. Committee of Privileges.
4. Rules Committee.

Standing Committees in Loksabha (Select)

1. Absence of Members from the sitting of the House
2. Business Advisory Committee
3. Committee on Welfare of Other Backward Classes
4. Empowerment of Women
5. General Purposes Committee
6. Government Assurances
7. House Committee
8. Library Committee
9. Papers Laid on the Table
10. Petitions
11. Private Members Bills and Resolutions
12. Privileges
13. Rules Committee
14. Subordinate Legislation
15. The welfare of Scheduled Castes and Scheduled Tribes

Standing Committees in Rajysabha (Select)

1. Committees to enquire—

(a) Committee on Petitions;
(b) Committee of Privileges; and
(c) Ethics Committee.

2. Committees to scrutinise and control—

(a) Committee on Government Assurances;
(b) Committee on Subordinate Legislation; and
(c) Committee on Papers Laid on the Table.

3. Committees relating to the day-to-day business of the House—

(a) Business Advisory Committee; and
(b) Rules Committee.

4. House Keeping Committees—

(a) House Committee;
(b) General Purposes Committee; and
(c) Committee on Provision of Computers to Members of Rajya Sabha.

PS: The 12th committee in Rajya Sabha is Committee on Members of Parliament Local Area Development Scheme.

Functions of Department Related Standing Committees

The newly constituted departmentally related Standing Committee System is a path-breaking endeavour of the Parliamentary surveillance over administration. With the emphasis 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 the achievement of the long-term national perspective by the Executive. With reference to the Ministries/Departments under their purview, the functions of these committees are:

1. Consideration of Demands for Grants.
2. Examination of Bills referred to by the Chairman, Rajya Sabha or the Speaker, Lok Sabha as the case may be.
3. Consideration of Annual Reports.
4. 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.

NB: These Committees do not consider matters of the day-to-day administration of the concerned Ministries/Departments.

Types of Majorities Used in the Indian Parliament – Absolute, Effective, Simple, and Special Majority

What is the difference between the absolute majority and effective majority? How is the simple majority different from the special majority required by article 368? Confusing questions!

The majority required to pass a resolution, motion, or a bill varies depending upon the purpose.

As this is one of the most confusing areas for most students, we are coming up with a new post on the type of majorities used while voting in the Indian Parliament as well as State Legislatures.

Types of Majorities as per the Indian Constitution

Majority needed in the Indian Parliament

There is no explicit classification of majorities in the Indian Constitution. But a careful reading of different articles in Indian Constitution would provide an idea about four types of majorities.

They are Absolute Majority, Effective Majority, Simple Majority and Special Majority. For ease of understanding, we have again classified Special Majority into four sub-types.

Types of Majorities Used While Voting in the Indian Parliament

Absolute majority

It refers to a majority of more than 50% of the total membership of the house. For example, as the total membership of Lok Sabha is 545, an absolute majority in Lok Sabha means – 50% of 545 plus 1, ie. 273.

Cases, where the absolute majority is used: In the normal business of the Parliament or State Legislature absolute majority, is not generally used. But this majority is used during the general election, for the formation of government at Center and States.

Effective Majority

Effective Majority of the house means more than 50% of the effective strength of the house. This implies that out of the total strength, we deduct the vacant seats. When the Indian Constitution mentions “all the then members”, that refers to the effective majority.

For example, in Rajya Sabha, out of the total strength of 245 members if there are 45 vacancies, then the effective strength of the house is 200. Then the effective majority is 50% of 200 plus 1, ie 101.

Cases where the effective majority is used:

Removal of Vice-president in RS – Article 67(b).

Removal of Speaker and Deputy Speaker of Lok Sabha and State Legislative Assembly.

Simple Majority

This refers to the majority of more than 50% of the members present and voting. This is also known as functional majority or working majority. The simple majority is the most frequently used form of majority in Parliamentary business. When the constitution or the laws do not specify the type of majority needed, the simple majority is considered for voting.

To understand simple majority, let us consider a situation in Lok Sabha. On a particular day, out of the total strength of 545, 45 were absent and 100 abstained from voting on an issue. So only 400 members were present and voting. Then the simple majority is 50% of 400 plus 1, ie. 201.

Ordinary bills need to be passed with a simple majority in both Houses of the Parliament before it is sent to Indian President for his assent.

Cases where the simple majority is used:

To pass Ordinary/Money/Financial bills.

To pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion.

For the removal of Vice President majority required in Lok Sabha is the simple majority – A67(b).

To declare a financial emergency.

To declare a state emergency (President’s rule).

Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures.

Constitution Amendment Bill under Article 368 which needs to be ratified by states, require only simple majority at State Legislatures.

Special Majority

All types of majorities other than the absolute, effective or simple majority is known as the special majority. A special majority are of 4 types, with different clauses.

Type 1 – Special Majority as Per Article 249.

Type 2 – Special Majority as per Article 368.

Type 3 – Special Majority as per Article 368 + 50 percent state ratification by a simple majority.

Type 4 – Special Majority as per A61.

Special Majority as Per Article 249

Special majority as per article 249 requires a majority of 2/3rd members present and voting. For example, if out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required as per article 249 would be 101.

Cases where special majority as per article 249 is used: To pass the Rajya Sabha resolution to empower the parliament to make laws in the state list. (valid up to 1 year, but can be extended any number of times).

Special Majority as Per Article 368

Special majority as per article 368 requires a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house. This type of majority is used for most of the Constitutional amendment bills. To pass a constitution amendment bill in Rajya Sabha, in addition to getting the support of 123 members, the bill should be favoured by more than 2/3rd of the members present and voting.

Cases where special majority as per article 368 is used:

To pass a constitutional amendment bill which does not affect federalism.

Removal of judges of SC/HC.

Removal of CEC/CAG.

Approval of national emergency requires special majority as per Article 368 in both houses.

Resolution by the state legislature for the creation/abolition of Legislative Council (Article 169).

Special Majority as Per Article 368 plus State ratification

This type of special majority is required when a constitutional amendment bill try to change the federal structure. Special majority as per article 368 plus state ratification requires a majority of 2/3rd members present and voting supported by more than 50% of the state legislatures by a simple majority. A good example would be the bill which introduced the National Judicial Appointments Commission (NJAC). It required the support of at least 15 state legislatures out of the 29 states.

Cases where special majority as per article 368 plus state ratification is used: To pass a constitutional amendment bill which affects federalism like the position of High Court Judges.

Special Majority as Per Article 61

Special majority as per article 61 requires a majority of 2/3rd members of the total strength of the house. In Lok Sabha, the special majority as per article 61 is 364 while in Rajya Sabha, the special majority as per article 61 is 164.

Cases where special majority as per article 61 is used: For the impeachment of the Indian President.