Chapter-XXX Parliamentary Committees India

Parliamentary Committees 769
CHAPTER XXX
Parliamentary Committees
(Parliamentary Committees, Consultative Committees,
Government Committees and Parliamentary Forums)
A. COMMITTEES IN GENERAL
Parliament transacts a great deal of its business through Committees. These
Committees are appointed to deal with specific items of business requiring expert or
detailed consideration. The system of Parliamentary Committees is particularly useful
in dealing with matters which, on account of their special or technical nature, are
better considered in detail by a small number of members rather than by the House
itself. Moreover, the system saves the time of the House for the discussion of important
matters and prevents Parliament from getting lost in details and thereby losing hold
on matters of policy and broad principles.
The Committee system in India can be traced back to the advent of the
Montague-Chelmsford Reforms, but the Committees of those days, like the
Central Legislative Assembly itself, were not free from governmental control
and interference. They had no powers and privileges; they were not the
masters of their own procedure; and they could not even frame rules for their
internal working.
Standing Orders of the Central Legislative Assembly provided for three
Committees, namely, Committee on Petitions relating to Bills
1
, Select
Committee on Amendments of Standing Orders
2
, and Select Committee on
Bills
3
. Of these, the Committee on Petitions relating to Bills could be called
a Standing Committee of the Assembly. The Indian Legislative Rules, in
addition, provided for the constitution of two Committees, viz., a J oint
Committee on a Bill
4
, and the Committee on Public Accounts
5
.
In fact, the Committee on Public Accounts of the Central Legislative
Assembly could hardly be termed as a Parliamentary Committee as it did not
function under the control of the House or the Speaker. The Committee was
presided over by the Finance Member and its secretarial functions were
discharged by the Department of Finance
6
.
1. Legislative Assembly Standing Orders, S.O. 80
2. Ibid., S.O. 56.
3. Ibid., S.O. 40.
4. After a resolution was passed by one House to commit a Bill to a J oint Committee of both the
Houses and on the other House having concurred in, each House appointed an equal number of
members fromamongst its members to serve on the J oint Committee.
5. Indian Legislative Rules, rules 42 and 51.
6. For detailed information regarding its emergence as a Parliamentary Committee, see this Chapter,
under the heading Public Accounts Committee.
770 Practice and Procedure of Parliament
Apart from Committees of the Legislative Assembly, members of both
Houses of the Central Legislature also served on the Standing Advisory
Committees attached to various Departments of the Government of India. All
these Committees were purely advisory in character and functioned under
the control of the Government, and the Minister in-charge of the concerned
Department acted as the Chairman of the Committee.
After the Constitution came into force, the position of the Central Legislature
changed altogether and the Committee system too underwent transformation. Not
only did the number of Committees increase but their functions and powers were also
enlarged.
A Parliamentary Committee is appointed or elected by the House or nominated
by the Speaker
7
; it works under the direction of the Speaker and presents its report
to the House or to the Speaker, and the secretarial work for it is done by the Secretariat
8
.
The question whether a Committee which does not satisfy all these conditions is a
Parliamentary Committee or not is referred to the Speaker whose decision isfinal
9
.
7. Thus, a Parliamentary Committee may be constituted either under the provisions of the Rules or
in pursuance of an Act of Parliament [e.g. the J oint Committee on Salaries and Allowances of
Members of Parliament, J oint Committee on J udges (Inquiry) Rules], or a motion or resolution
adopted by the House [e.g. the Committee on Bretton Woods Conference, 1946; the Committee
on the Conduct of a Member (Mudgal Case, 1951); the Committee on the Conduct of certain
members during Presidents Address (1963); J oint Committee on Salary, Allowances and Other
Amenities to Members of Parliament (1968); the Committee on the Welfare of Scheduled Castes
and Scheduled Tribes (1968); the Committee on the Conduct of a Member during Presidents
Address (1971); J oint Committee on Amendments to Election Law (1971); J oint Committee of the
Houses to examine the question of the working of Dowry Prohibition Act, 1961 (1980); J oint
Committee to enquire into Bofors Contract (1987); Select Committee on the Constitution (Seventy-
first Amendment) Bill, 1990; J oint Committee on Pre-Natal Diagnostic Technique (Regulation and
Prevention of Misuse) Bill, 1991; Joint Committee on the Constitution (Seventy-second Amendment)
Bill, 1991; J oint Committee on the Constitution (Seventy-third Amendment) Bill, 1991; J oint
Committee on Copyright (Second Amendment) Bill, 1992; J oint Committee to Enquire into
Irregularities in Securities and Banking Transactions (1992); J oint Committee on the Constitution
(Eightieth Amendment) Bill, 1993; the Representation of People (Amendment) Bill, 1993; Select
Committee on the Transplantation of Human Organs Bill, 1993; Select Committee on the
Constitution (Scheduled Tribes) Order (Amendment) Bill, 1996; and J oint Committee on the
Constitution (Eighty-first Amendment) Bill, 1996]; or under the inherent powers of the Speaker.
Examples of the last category are: General Purposes Committee; House Committee; Inscriptions
Committee; Committee to Fix Hindi Equivalents; Committee to examine the Working of Catering
Establishments in Parliament House (1973); Study Committee on Sports (1976); Committee on
the Use of Language (1978); and Committee of Members of Parliament to bring about reconciliation
between Nirankaris and Akalis (1983), which worked under the directions of the Chairman,
Rajya Sabha.
8. Rule 2(1).
9. On a request made by the Home Minister, an ad hoc Committee of the two Houses was constituted
with the Speaker as its Chairman to examine the demand for Punjabi Suba to assist a Cabinet
Committee in arriving at a satisfactory settlement of the question. When a question was raised in
the House whether report of the ad hoc Committee would be submitted to the Government or to
the House, the Speaker observed:
The report of a Committee of members of Parliament of which the Speaker is the Chairman
is presented to Parliament and not to the GovernmentL.S. Deb., 1-3-1986, c. 3072.
Committees of the Lok Sabha
The Lok Sabha possesses an organised system of Committees
10
. Appointment,
term of office, functions and main lines of procedure for conducting business of the
Committees are regulated under the provisions of the Rules and the Directions by the
Speaker
11
issued under those Rules. There are three sets of rules relating to
Parliamentary Committees: General Rules
12
, which are applicable to all the
Committees; Specific Rules
13
, which make special provisions for particular
Committees; and Internal Rules
14
, which regulate the internal procedure of each
Parliamentary Committee. Internal Rules are made by the Committees themselves
with the approval of the Speaker and are in the nature of detailed working procedure
and are framed in conformity with the provisions of the Rules and Directions.
Broad Classification: Committees of the Lok Sabha may be broadly classified
into:
Standing Committees and ad hoc Committees.
The Standing Committees in terms of their functions can further be divided
under five broad headings
15
:
Committees to inquire (e.g. Committee on Petitions and Committee on
Privileges);
Committees to scrutinize (e.g. Committee on Government Assurances
and Committee on Subordinate Legislation);
Committees relating to the day-to-day business of the House (e.g.
Committee on Absence of Members from the Sittings of the House, Business
Advisory Committee, Committee on Private Members Bills and Resolutions,
Rules Committee and Committee on Papers Laid on the Table);
Committees concerned with provision of facilities to members (e.g.
General Purposes Committee, House Committee and Library Committee); and
Committees to control financial and administrative powers of the
Government (e.g. Committee on Estimates, Committee on Public Accounts
and Committee on Public Undertakings).
These Committees have been constituted in terms of the Rules, and are
reconstituted annually or at other interval, as the case may be, depending upon the
tenure of the individual Committees.
10. Also see Subhash C. Kashyap: Our Parliament, National Book Trust, New Delhi. 1989,
Chapter II; Parliament of India-Myths and Realities, New Delhi, 1988, pp. 192-208 and Committees
in the Indian Lok Sabha in J .D. Lees and MalcolmShaw, Committees in Legislatures, Duke
University Press, 1979, pp. 288-326.
11. Dirs. 48-108A.
12. Rules 253-86.
13. Rules 287-331N.
14. Framed under Rules 282.
15. First Parliament (1952-1957): A Souvenir, p. 92.
In addition to these, there are other Standing Committees, viz. the Joint Committee
on Salaries and Allowances of Members of Parliament which has been constituted
under the Salaries and Allowances of Members of Parliament Act, 1954
16
; the J oint
Committee on Offices of Profit, which is constituted on a motion adopted by the
Lok Sabha and concurred in by the Rajya Sabha at the beginning of each Lok Sabha
17
;
the Committee on the Welfare of the Scheduled Castes and the Scheduled Tribes
18
;
twenty four Departmentally Related Standing Committees
19
and Committee on
Empowerment of Women, to which members of both Houses are elected/nominated.
On these Committees, members of both Houses serve jointly.
The ad hoc Committees may be broadly classified under two headings. First
there are the ad hoc Committees which are constituted, from time to time, either by
the Lok Sabha on a motion adopted in that behalf, or by the Speaker, to inquire into
and report on specific subjects, e.g. the Committee on the conduct of a member
(Mudgal Case, 1951)
20
; the Committee on the conduct of certain members during the
Presidents Address (1963)
21
; Railway Convention Committees; J oint Committee on
Salary, Allowances and other Amenities to Members of Parliament (1968)
22
; Committee
on the Welfare of Scheduled Castes and Scheduled Tribes (1968)
23
; Committee on the
conduct of a member during Presidents Address (1971)
24
; J oint Committee on
Amendments to Election Law (1971)
25
; J oint Committee of the Houses to examine
the question of the working of the Dowry Prohibition Act, 1961 (1980)
26
; J oint
Committee to enquire into Bofors Contract (1987)
27
; Committee on Inscriptions in
16. The J oint Committee on Salaries and Allowances of Members of Parliament was appointed for the
first time on 6 September 1954 in pursuance of section 9(1) of the Salaries and Allowances of
Members of Parliament Act, 1954. The Short title of the Act was later amended to read Salary,
Allowances & Pension of Members of Parliament Act, 1954.
17. Not constituted in Sixth Lok Sabha.
18. Constituted in terms of Rule 331B.
19. Fifth Schedule of Rules.
20. Appointed on a motion adopted by the Provisional Parliament- P. Deb., (II), 8-6-1951, cc. 10457-65.
21. Appointed by the Speaker in pursuance of the decision taken by the Lok Sabha on 18 February
1963L.S. Deb., 18-2-1963, cc. 2-10; 19-2-1963, cc. 173-74, 200.
22. Constituted in pursuance of a motion adopted by the Lok Sabha on 26 April 1968 and concurred
in by the Rajya Sabha on 10 May 1968R.S. Deb., 26-4-1968, cc. 301-03; R.S. Deb., 10-5-1968,
cc. 2237-276.
23. Constituted in pursuance of a motion adopted by the Lok Sabha on 30 August 1968 and concurrred
in by the Rajya Sabha on 25 November 1968L.S. Deb., 30-6-1968, cc. 3486-542; R.S. Deb.,
25-11-1968, cc. 1225-280.
24. Appointed by the Speaker on 5 April 1971 in pursuance of the decision of the House on 2 April
1971L.S. Deb., 2-4-1971, cc. 188-223, 239-46, 271-72.
25. Appointed in pursuance of a motion adopted by the Lok Sabha on 22 J une 1971, and concurred
in by the Rajya Sabha on 25 J une 1971L.S. Deb., 22-6-1971, cc. 176-82; R.S. Deb., 25-6-1971,
cc. 262-63.
26. Constituted in pursuance of a motion adopted by the Lok Sabha on 19 December 1980, and
concurred in by the Rajya Sabha on 24 December, 1980L.S. Deb., 19-12-1980 cc. 359-61;
R.S. Deb., 24-12-1980, cc. 279-80.
27. Constituted in pursuance of a motion adopted by the Lok Sabha on 6 August 1987 and concurred
in by the Rajya Sabha on 12 August 1987L.S. Deb., 6-8-1987, cc. 484-569; R.S. Deb.,
12-8-1987, cc. 287-401.
Parliament House
28
; Committee to Fix Hindi Equivalents for Parliamentary, Legal
and Administrative Terms-
29
; Committees on Draft Five Year Plan
30
; Committee to
examine the working of catering establishments in the Parliament House (1973)
31
;
Study Committee on Sports (1976)
32
; Committee on the Use of Language (1978)
33
;
Committee of Members of Parliament to bring about reconciliation between Nirankaris
and Akalis (1983)
34
; J oint Committee to enquire into irregularities in securities and
banking transactions
35
; J oint Committee to suggest facilities and remuneration for
Members of Parliament
36
; J oint Committee on catering in Parliament Complex;
Committee on Installation of Portraits/Statues of National Leaders in Parliament
Complex; Committee on Provision of Computers to Members of Parliament, etc.; and
Committee on Members of Parliament Local Area Development Scheme (Lok Sabha)
to monitor and review periodically the performance and problems in implementing
the MPLAD Scheme while considering complaints received from the members of the
Lok Sabha in regard to the scheme.
37
J PC to examine the constitutional and legal
position relating to Office of Profit (2006),
38
and Committee to Enquire into misconduct
of MPs of Lok Sabha (2007)
39
.
The second category of ad hoc Committees comprises of those which are set
up to advise the House. Under this category fall the Select or J oint Committees on
Bills which are appointed on a motion made in the House to consider and report on
a specific Bill. These Committees are distinguishable from the other ad hoc Committees
28. Appointed by the Speaker in consultation with the Chairman, Rajya Sabha, on 27 April 1956.
It was reconstituted on 29 May 1957.
29. Appointed by the Speaker in consultation with the Chairman, Rajya Sabha, on 5 May 1956.
30. Committees on the Draft Second Five Year Plan were appointed on the recommendation of the
Business Advisory Committee (1LS) and members of the Rajya Sabha were associated with those
Committees on a motion adopted by the Lok Sabha on 11 May 1956 and concurred in by the
Rajya Sabha on 14 May 1956-35R (BAC-1LS) and L.S. Deb., 11-5-1956, cc. 7986-93. Similarly,
Committees on the Draft Third Five Year Plan were appointed in pursuance of an announcement
made by the Speaker in the House on 6 September 1960L.S. Deb., 6-9-1960. cc. 7381-82. On
request made by the Minister of Planning, the Speaker agreed to the formation of Committees for
considering the Draft Fourth Five Year PlanBn. (II), 15-9-1966. Similarly, in December 1973,
five Committees were formed to consider the Draft Fifth Five Year PlanBn. (II), 17-12-1973.
31. Appointed by the Speaker, Lok Sabha, on 7 September 1973 on the recommendation of the
General Purposes Committee and in consultation with the Chairman, Rajya Sabha.
32. Constituted by the Speaker, Lok Sabha, on 15 May 1976.
33. Constituted by the Speaker, Lok Sabha on 24 November 1978L.S. Deb., 24-11-1978, cc. 317-18.
34. Constituted by the Speaker, Lok Sabha on 26 August 1983 in consultation with the Chairman,
Rajya SabhaL.S. Deb., 26-8-1983, c. 526; 8-12-1983, cc. 322-335.
35. Appointed in pursuance of a motion adopted by the Lok Sabha on 6 August 1992 and concurred
in by the Rajya Sabha on 7 August 1992.
36. Constituted by the Speaker, Lok Sabha on 31 May 1993 in consultation with the Chairman,
Rajya Sabha.
37. Constituted by the Speaker, Lok Sabha on 22 February 1999.
38. Appointed in pursuance of a motion adopted by the Lok Sabha on 17 August 2006 and concurred
in by the Rajya Sabha on 18August 2006.
39. Constituted by the Speaker, Lok Sabha on 16 May 2007 after consultation with Leaders of
different parties on the previous day.
inasmuch as they are concerned with Bills and the procedure to be followed by them
is laid down in the Rules and Directions by the Speaker.
However, the normal procedure of appointing a J oint Committee on a Bill on
the basis of separate motion moved and adopted in the House was not followed in the
case of the J oint Committee on Constitution (Eighty-first) Amendment Bill, 1996
40
.
During the discussion stage itself on the motion for consideration on 13 September 1996
of the said Bill, it was decided by the House to refer the Bill to a J oint Committee
by authorising the Speaker to constitute the J oint Committee in consultation with the
Chairman, Rajya Sabha. As required under the Rules, no separate motion for reference
of the Bill to a J oint Committee was moved in the House.
Constitution of a Joint Committee
A J oint Committee, composed of members of both the Houses, is constituted
either on a motion adopted by one House and concurred in by the other, or by
communication between the Presiding Officers of the two Houses
41
, or under the
Rules
42
Such a Committee can be constituted only when there is an agreement
between the two Houses. In case there is no such agreement, a J oint Committee
cannot be constituted.
The Committees of Public Accounts and Public Undertakings are not J oint
Committees. They are primarily Committees of the Lok Sabha. The Committees are
formed on a motion adopted by the Lok Sabha and members of the Rajya Sabha are
nominated to these Committees in response to an independent motion requesting for
the association of the members of the Rajya Sabha with the Committees, adopted by
the Lok Sabha and concurred in by the Rajya Sabha. Even if the Rajya Sabha does
not concur in the motion or the members of the Rajya Sabha do not associate with
Committees, the Committees continue to function. In case the members of the Rajya
Sabha associate with the Committees, they have equal right with the members of the
Lok Sabha to vote and take part in the proceedings of the Committees
43
.
40. Constituted by the Speaker, Lok Sabha on 7 October 1996 in consultation with the Chairman,
Rajya Sabha.
41. For example, the Speaker, in 1954, appointed a Committee on Offices of Profit in consultation
with the Chairman, Rajya Sabha, to consider matters connected with the disqualification of
members under art. 102(l)(a). Similarly, the Speaker constituted, in 1956, Committees on Inscriptions
in Parliament House and to Fix Hindi Equivalents for Parliamentary, Legal and Administrative
Terms; in 1964, Committees on Construction of Additional Parliamentary Building and Portraits
and Statutes in Parliament House in consultation with the Chairman, Rajya Sabha.
42. Such as the Library Committee.
43. H.P. Deb., 10-5-1954, c. 6960.
All reports of the Public Accounts Committee, including those in excess grants or charged
appropriations, are approved by the entire Committee. So far, no voting has taken place at any
sitting of the Committee when the excess grants or charged appropriations were considered.
However, should a question of voting on excess grants arise, the members of the Rajya Sabha will
not participate in such voting.
Appointment of Members to Committees
Members are appointed or elected to a Parliamentary Committee by the House
on a motion made and adopted, or nominated by the Speaker
44
.
Committees Appointed on a Motion Adopted by the House
Select or J oint Committees on Bills are the Committees which are appointed on
motions adopted by the House. The motion for reference of a Bill to a Select Committee
sets forth the names of members proposed to be appointed to the Committee. Only
members of the Lok Sabha are proposed for appointment to the Committee. However,
Ministers who are members of the Rajya Sabha may also be appointed as members
of a Select Committee of the House but they are not entitled to vote in the Committee.
In the case of a Government Bill referred to a Select Committee, the Minister incharge
of the Bill is appointed a member of the Committee while in the case of a private
members Bill, the member in-charge of the Bill and the Minister to whose Ministry
the subject matter of the Bill pertains, are appointed members of the Select Committee.
Similarly, members to a J oint Committee on a Bill are appointed on a motion
adopted by the House and concurred in by the other House.
Apart from the Select or J oint Committee on a Bill, members may also be
appointed to an ad hoc Committee on a motion adopted in that behalf. Such a motion
sets forth the names of members proposed to be appointed to the Committee, the
quorum necessary to constitute its sittings, and other instructions to the Committee
45
.
Committees Elected by the House
Members of the Committees on Public Accounts, Estimates, Public Undertakings
and Welfare of Scheduled Castes and Scheduled Tribes are elected every year by the
members of the Lok Sabha. For this purpose, motions must be moved in and adopted
by the House. The motions indicate the manner of elections, that is according to the
principle of proportional representation by means of single transferable vote
46
, exercised
by members of the House present and voting. No postal ballot is permissible for
election to the Committees.
The motion for election to any of these Committees also specifies the number
of members proposed to be elected, and is moved before the expiry of the term of
the outgoing Committee by its Chairman. However, at the commencement of a new
Lok Sabha after the general elections, such motions are moved by the Leader of the
House/Minister of Parliamentary Affairs
47
.
44. Rule 254(1).
45. For example J oint Committee to enquire into irregularities in securities and banking transactions
appointed in pursuance of a motion adopted by the Lok Sabha on 6 August 1992 and concurred
in by the Rajya Sabha on 7 August 1992.
46. Rules 309(1) and 311(1), 312B(1), 331B(1). The object of holding elections according to
theprinciple of proportional representation by means of the single transferable vote is that every
Party or Group may, as far as possible, get representation in the Committee in proportion to their
numerical strength in the House.
47. L.S. Deb., 24-5-1957, cc. 1886-87; 26-5-1971, cc. 183-86; 9-7-1977, cc. 1-4; 24-7-1980,
cc. 232-36; 26-3-1985, cc. 211-14.
At the commencement of a new Lok Sabha after general elections, members of
the Lok Sabha are also required to be elected to the J oint Committee on Offices of
Profit.
48
Necessary motion in this regard is moved by the Minister of Law and J ustice.
Members may also be elected to an ad hoc Committee set up in pursuance of
motion adopted by the House on that behalf.
49
After a motion for election of members to the Committee on Estimates,
Committee on Public Accounts, Committee on Public Undertakings, Committee on
the Welfare of the Scheduled Castes and Scheduled Tribes, and J oint Committee on
Offices of Profit or any ad hoc Committee is adopted, a detailed programme of dates
for nomination, withdrawal of candidature and for holding elections is notified in the
Bulletin. At the expiry of the time fixed for receipt of nominations, a list of candidates
standing for election is prepared and copies thereof are displayed on the Notice
Boards for the information of members. In case the number of valid nominations after
withdrawal is equal to the number of vacancies, all the candidates are declared elected
and their names are published in the Bulletin. If the number of valid nominations is
less than the number of vacancies, all the candidates are declared duly elected and the
time fixed for nomination is extended for the remaining vacancies to be filled. This
process is repeated as long as the number of candidates is less than the number of
vacancies to be filled. If the number of members validly nominated, after withdrawals,
if any, exceeds the number of vacancies, an election is held in accordance with the
regulations framed by the Speaker for holding of such elections
50
.
On a motion moved by the Minister concerned, members of Parliament are
elected by either House to serve on Committees or bodies other than Parliamentary
Committees which are set up in pursuance of the provisions of the Constitution, or
under the provisions of an Act of Parliament, or in accordance with the provisions of
any resolution of the Government constituting such a Committee or bodyElections
to such Committees or bodies are held in the same manner as in the case of other
51
.
Committees Nominated by the Speaker
Members to specified Parliamentary Committees may be nominated by the
Speaker after consultation with the Leader of the House and the Leaders of the
Opposition Parties and Groups in the House.
48. Ibid., 3-8-1959, cc. 142-46; 8-6-1962, cc. 9740-42; 5-6-1967, cc. 2959-63; 15-6-1971,
cc. 195-98; 25-11-1980, cc. 254-57; 2-4-1985, cc. 264-67.
The J oint Committee on Offices of Profit was not constituted during the Sixth Lok Sabha.
49. Examples of Committees in this category are: Committee on Bretton Woods Conference (1946)
L.S. Deb., 30-1-1946, p. 247; Committee to Review Conventions re: Separation of Railways from
General Finance (1949)-C.A. (Leg.) Deb., 1-4-1949, p. 2210; J oint Committee on Offices of Profit
(1959)L.S. Deb., 3-8-1959; cc. 145-46; J oint Committee to enquire into Bofors Contract (1987),
L.S. Deb., 6-8-1987, cc. 484-569; L.S. Deb., 12-8-1987, cc. 287-401.
50. These regulations are Regulations for Holding of Elections to Committees by Means of Single
Transferable VoteFor text, see Appendix VII of the First Edition.
51. Dir. 108(A).
At the commencement of a new Lok Sabha, the Leader of the House is asked
by the Secretariat to suggest, in order of priority, a panel of names of members of the
Government party to be placed before the Speaker for nomination to the Committees.
Similarly, the leaders of the Opposition Parties or Groups in the House are addressed
to suggest, in order of priority, a panel of two or three names from amongst the
members of their Groups or Parties
52
. The Speaker, in his discretion, selects the
members out of those panels for nomination to the Committees. However, the practice
of calling for a panel of names for nomination of members of the ruling party or other
Parties/Groups has been discontinued long back. The present practice is to make a
proportionate allocation of the seats available on the two Groups of Committees,
namely, 24 DRSCs and other Standing Committees separately to various parties and
groups according to their respective strength in the House. As per allocation of seats
approved by the Speaker, the Leaders of Parties are requested in writing to suggest
only a name each of their members for each seat allocated to a party on a Committee
for consideration and nomination by the Speaker. As far as possible, the different
parties and groups are represented on a Committee in proportion to their respective
strength in the House. The members selected for nomination to a Committee are
asked to furnish their written consent to serve on the Committee, if nominated.
Reconstitution of Committees nominated by the Speaker: The question of
reconstitution of Parliamentary Committees nominated by the Speaker is considered
every year. It is up to the Speaker to reconstitute a Committee or not. However, as
per a convention developed since 1959, all Standing Parliamentary Committees are
reconstituted
53
every year. With a view to ensuring representation of every party/
group on Parliamentary Committees, seats on Committees are rotated every year
amongst various parties/groups in proportion to their respective strength in the House.
Filling of Casual Vacancies in Committees
Casual vacancies in a Parliamentary Committee are filled by appointment or
election by the House on a motion made, or made by nomination by the Speaker, as
the case may be. Any member appointed, elected or nominated to fill a casual vacancy
holds office for the unexpired portion of the term for which the member in whose
place he is appointed, elected or nominated would have normally held office
54
. In the
case of the J oint Committee on Salary and Allowances of Members of Parliament, a
member of the J oint Committee holds office as such member for one year from the
date of his nomination
55
. The procedure followed in filling a casual vacancy is generally
the same as for original appointment thereto.
52. While requesting theParties and Groups to suggest the names of members for nomination by the
Speaker to Committees, the practice is to write that in case of Committee on Subordinate
Legislation, name of a lawyer-member may be suggested, as far as possible, the reason being that
the Committee on Subordinate Legislation is required to scrutinise rules and regulations framed
under the provisions of various Acts.
53. In Sixth Lok Sabha, the Committee of Privileges which was constituted on 1 J uly 1977, was not
reconstituted in 1978 and the same Committee continued in office till 31 May 1979.
54. Rule 254(3).
55. Section (2A) of Salary, Allowances and Pension of Members of Parliament Act, 1954.
Term of office
Committees Nominated by the Speaker
A Parliamentary Committee nominated by the Speaker holds office for a period
not exceeding one year or for a period specified by the Speaker or until a new
Committee is nominated by him
56
.
The term of office of the Committee on Private Members Bills and
Resolutions, Committee on Papers Laid on the Table, Committee on
Subordinate Legislation, Committee on Government Assurances, Committee
on Absence of Members from the Sittings of the House, Committee on the
Welfare of Scheduled Castes and Scheduled Tribes, Committee on Empower-
ment of Women, House Committee and Library Committee is for a period
not exceeding one year
57
. The Business Advisory Committee, Committee
on Petitions, Committee of Privileges and the Rules Committee continue in
office till reconstituted by the Speaker.
58
If no term of office has been specified by the Speaker in regard to an ad hoc
Committee appointed by him, the Committee continues in office till the completion
of its work and presentation of its report, if any.
Committees Elected by the House
Members of the Committee on Public Accounts, Committee on Estimates,
Committee on Public Undertakings and Committee on the Welfare of Scheduled
Castes and Scheduled Tribes are elected by the House for a term not exceeding one
year
59
. These Committees are normally elected in the month of April each year for
the term beginning on 1 May and ending on 30 April of the following year. In the case
of a new House, they are elected as soon as may be after the new House meets and
hold office for the period specified in the motion (usually ending on 30 April of the
following year).
Where it is found necessary to extend the term, a motion is moved in and
adopted by the House to that effect after a motion to suspend the relevant rule in its
application to the motion for extension of the term of office has been adopted
60
.
56. Rule 256.
57. Rules 293(2), 305A(2), 318(2), 324(2), 325 and 331B(2).
58. Rules 287, 306, 313 and 330, read with Rule 256.
59. Rules, 309(2), 311(2) and 312B(2) and 331B(1). The members of the Committee on the Welfare
of Scheduled Castes and Scheduled Tribes constituted in pursuance of the motion adopted by the
Lok Sabha on 13-8-1973 were to hold office for a period of two years fromthe date of the first
meeting of that Committee. However, their terms of office were subsequently extended upto
31-3-1976 by two motions adopted by the HouseL.S. Deb., 28-7-1975 and 5-2-1976.
60. During the Fourth Session of the Fourth Lok Sabha, it was considered necessary to extend the
terms of the three financial Committees. The relevant motions in respect of each Committee were
adopted on 20 March 1968. In the case of the Committee on Public Accounts and the Committee
on Public Undertakings, another motion was moved and adopted, intimating to Rajya Sabha that
the term of office of the present members of these Committees had been extended upto
30 April 1968 and recommending to that House that they too take such action as they deemfit
in regard to the association of members of Rajya Sabha with the said Committees.
In J uly 1975 and February 1976, the terms of office of the members of the Committee on the
Welfare of Scheduled Castes and Scheduled Tribes were extendedL.S. Deb., 28-7-1975 and
5-2-1976.
There is no fixed term of office for Select or J oint Committees on Bills. The
motion which is moved in the House for reference of a Bill to a Select or J oint
Committee generally specifies the date by which, or the period within which, the
Committee might present its report. In case the House has not fixed any time for the
presentation of the report, the Committee is required to present its report before the
expiry of three months from the date on which the House adopted the motion for
reference of the Bill to the Select Committee
61
.
Committees Appointed/Elected on a Motion or Resolution
The motion for the appointment or election of a Committee by the House may
either specify its terms of office
62
or may indicate the date
63
by which or the period
64
within which the Committee might present its report.
Where the House has not fixed any time for the presentation of a report by a
Committee, the Committee is required to present its report within one month of the
date on which reference to the Committee was made. However, the time for the
presentation of the report by the Committee may be extended by the House on a
Motion moved in that behalf
65
.
Committees Appointed under a Statute
In the case of a Committee constituted under an Act of Parliament, the term of
office of the Committee is generally laid down in the relevant statute.
Other Committees
Apart from the above Committees, a Committee may also be appointed by the
Speaker to aid and advise him in the discharge of his functions or to report on some
matter pertaining to the House or its members. Such a Committee holds office for a
term specified by the Speaker or till such time as a new Committee is appointed by
him. Where no term is specified by the Speaker, the Committee continues in office
till the completion of its work and presentation of its report, if any.
Objection to Membership
The appointment of a member to a Parliamentary Committee may be objected
to on the ground that he has a personal, pecuniary or direct interest of such an
intimate character that it may prejudicially affect the consideration of any matter by
the Committee
66
. Such an interest should separately belong to the person whose
61. Rule 303(1), First Proviso.
62. L.S. Deb., 3-8-1959, c. 145.
63. C.A. (Leg.) Deb., 1-4-1949, p. 2210; L.S. Deb., 22-4-1960, cc. 13255-95.
64. H.P. Deb., (11), 6-6-1951, cc. 10259-303; 8-6-1951, cc. 10457-65.
65. Rule 277(1).
66. Rule 255. In the First Lok Sabha, the Committee on Estimates appointed a Sub-Committee to
inquire into the working of the Hindustan Shipyard Ltd. One of the members of the Sub-Committee
was also the President of the Hindustan Shipyard Labour Union. An objection was raised to his
inclusion in the Sub-Committee in view of the direct interest that he had as the President of the
inclusion in the Committee is objected to, that is, it should not be in common with
the public in general or with any class or section thereof or on a matter of State policy.
The member who has taken objection is required to state precisely the ground of his
objection and the nature of the alleged interest, whether personal, pecuniary or direct,
of the member whose inclusion is objected to in the matters coming up before the
Committee. The member, whose membership has been objected to, may also be asked
by the Speaker to state his position. Where there is dispute on facts, the Speaker may
call for documentary or other evidence from both the members. The decision given
by the Speaker is treated as final
67
.
When the matter is referred to the Speaker and until the Speakers decision is
known, the member whose membership is objected to continues to be a member of
the Committee; he can take part in its discussions but is not, however, entitled to
vote
68
. If the Speaker holds that the member has a personal, pecuniary or direct
interest in the matter before the Committee, his membership ceases forthwith, but the
proceedings of the sittings of the Committee at which that member might have been
present are not affected by the decision of the Speaker
69
. It is also incumbent on the
member having a personal, pecuniary, or direct interest in any matter to be considered
by the Committee to state his interest therein to the Speaker through the Chairman of
the Committee
70
.
Membership of Committee on Estimates or Public Accounts or Public
Undertakings and of Government Committees
Wherever the Chairman or a member of the Committee on Estimates, Public
Undertakings or Public Accounts is invited to accept membership of any Committee
constituted by Government, the matter is submitted to the Speaker before the
appointment is accepted
71
. If the Speaker considers it not appropriate that the Chairman
Labour Union. The Speaker, thereupon, ruled that he would have the visit of the Sub-Committee
postponed and in the meanwhile would reconsider the question of personnel and the terms of
reference of the Sub-Committee. However, before this could be done, the termof office of the
Committee expired and consequently the Sub-Committee ceased to function.
67. Rule 255 (d).
68. Rule 255 (e)
69. Rule 255 (f).
70. Dir, 52A; see also Chapter XIIConduct of Members.
On 5 May 1959, a member of the J oint Committee on the Banking Companies (Amendment)
Bill, 1959, wrote to the Speaker that he was acting as legal advisor to certain Banks and enquired
whether he could continue to be the member of the Committee. The Speaker directed that the letter
might be sent to the Chairman of the Committee to be read out to the Committee and if no
objection was taken by any member he might continue as a member, but if objection was taken,
the Speaker would decide the matter in the light of the facts then disclosed. The same member
was subsequently appointed as Chairman and he read out the letter to the Committee at its first
sitting. As no objection was raised by any member, the matter was not pursued furtherMin.
[J .C. on Banking Companies (Amendment) Bill, 1959] 9-5-1959.
Certain petitions relating to the Prohibition of Manufacture and Import of Hydrogenated
Vegetable Oil Bill were received by the Committee on Petitions. As the Chairman of the Committee
had sponsored the Bill, the Speaker appointed another member to act as the Chairman for the
sitting of the Committee on 17 December 1950 when those petitions were to be considered.
71. Dir. 97.
or the member concerned should serve on the Government Committee so long as he
remains a member of the Parliamentary Committee, he does not permit the Chairman
or the member to accept the appointment on the Government Committee. Where, in
the interest of parliamentary work, he permits them to do so, he directs that the report
of the Government Committee be placed before the Parliamentary Committee concerned
for such comments as the latter might deem fit to make before it is presented to the
Government
72
.
Whenever a member who is serving on a Committee constituted by Government
is elected to any of these Committees, the matter is required to be placed before the
Speaker to decide whether the member might be permitted to continue his membership
of the Government Committee
73
. The Speaker may or may not permit a member to
continue on the Parliamentary Committee
74
. If the Speaker permits a member to
continue membership of a Government Committee, he may require that the report of
the Government Committee be placed before the Parliamentary Committee concerned
for such comments as the latter may deem fit to make before it is presented to the
Government
75
. Where the subject of inquiry of a Committee set up by Government
and the matter to be examined by any of the Parliamentary Committees is the same,
the Speaker may, while granting permission to a member to serve on both the
Committees, direct that the member concerned should not participate in the proceedings
72. In one case, while according permission to the appointment of a member of Committee on
Estimates on the Enquiry Committee set up by the President in 1957 to look into the Affairs of
the Banaras Hindu University, the Speaker directed that the report of the Enquiry Committee
should not be published before consulting the Committee on Estimates which was then engaged
in the examination of the estimates of the Ministry of Education. This was accordingly done.
The Speaker granted permission to the Chairman, Estimates Committee, to accept the membership
of the Purchase Advisory Council in 1957, with the .directions that the Chairman should resign
that membership when he felt that there was a likelihood of conflict of duties.
On 28 J anuary 1958, while according permission to the appointment of a member of the
Estimates Committee on the Salt Enquiry Committee, the Speaker directed that the member
should be careful in seeing that there was serious conflict of views in the recommendations of the
Salt Enquiry Committee and those expressed previously by the Committee on Estimates in its
Fifteenth Report (First Lok Sabha) specially with regard to the abolition of the Salt Organisation
and Company Formof Management.
In 1958, the Speaker, while according permission to the appointment of a member of the
Estimates Committee on the Executive Council of the Visva Bharati University, directed that his
appointment might come into effect froma date subsequent to 30 April 1958 when the Committee
on Estimates was likely to finalise its report on the same subject. The member was accordingly
appointed to the Executive Council of the Visva Bharati University with effect from1 May 1958.
73. Dir. 97A.
74. On election to the Estimates Committee (1958-59), a member who was leader of a Study Team
on Social Welfare of the Committee on Plan Projects, resigned fromthe Estimates Committee lest
there might arise some difficulty in continuing both as a leader of the Teamand a member of the
Committee.
75. An Enquiry Committee was set up on 18 April 1957, by the Delhi Administration to review the
conditions of non-Government aided schools. The Chairman of that Committee was subsequently
elected to the Estimates Committee (1957-58). On a question being raised whether the enquiry
conducted would impinge on the work of Estimates Committee in regard to the examination of
estimates of the Ministry of Education, the Speaker directed that the report of the Enquiry
Committee be submitted to the Chairman, Estimates Committee. However, no conflict in the
recommendations of the two Committees, in regard to Elementary Education, was found.
of the Parliamentary Committee concerned when the specific subject comes up for
consideration
76
.
Resignation from and Vacation of Seats in a Committee
A member may resign his seat from a Committee by writing under his hand
addressed to the Speaker
77
. The letter of resignation, which should be in clear and
unambiguous terms, becomes effective only after it is received in the Secretariat and
takes effect from the date of resignation specified in the letter of resignation
78
. If no
date is specified in the letter, the resignation takes effect from the date of the letter
79
and where the letter does not bear any date, then from the date of its receipt in the
Secretariat
80
. The resignation is automatic and is not subject to acceptance by the
Speaker. It can become ineffective only if any defect is found in it
81
. In the case of
J oint Committees, a member may resign by addressing the resignation letter to the
Presiding Officer of the House to which he belongs. In such case, efforts are made
to notify the resignation of a member from the membership of the J oint Committee
in the Bulletins of both the Houses simultaneously.
A vacancy may also be caused when a member of the Committee dies or resigns
his seat in the House or otherwise ceases
82
to be a member of the House.
If a member of the Committee on Petitions or Public Accounts or Estimates or
Public Undertakings or Subordinate Legislation or Government Assurances or Welfare
of Scheduled Castes and Scheduled Tribes or Empowerment of Women or
Departmentally Related Standing Committee (DRSC) is appointed as a Minister, he
ceases to be a member of the Committee from the date of such appointment
83
. In such
case, no formal letter of resignation is required nor cessation of membership is notified
in the Bulletin. If a member of a Committee is absent from two or more consecutive
sittings of the Committee without permission of the Chairman of the Committee, a
motion may be moved in the House for the discharge of such member from the
Committee
84
. In the case of Committees on which members are nominated by the
76. On election to the Estimates Committee, a member who was also a member of the Study Team
on Social Welfare of the Committee on Plan Projects sought permission of the Speaker to serve
on both the Committees. As a particular matter was being examined both by the Study Team and
the Estimates Committee, the Speaker, while acceding to the request of the member, directed that
he should not take part in the proceedings of the Estimates Committee in regard to that matter.
Accordingly, the member did not attend the sitting of the Committee when that matter was
considered and the draft report thereon adopted.
77. Rule 257.
78. Dir. 478.
79. Ibid.
80. Ibid.
81. For example, the letter of resignation would become ineffective if it is not addressed to the
Speaker, or is not signed by the member concerned, or is conditional, etc.
82. R.D. Bhatulare who was the Chairman of the Committee of Privileges (1972-73) ceased to be a
member of the Lok Sabha on his appointment as Governor. Consequently, he ceased to be a
member and Chairman of the Committee of Privileges. Members of the Rajya Sabha serving on
Committees cease to be members of Committees on their retirement fromthe Rajya Sabha.
83. Rules 306, 309(1), 311(1), 312(A)(B), 318(1), 324(1) and 331B(1).
84. Rule 260.
Speaker, such a member may, however, be discharged by the Speaker
85
. On adoption
of such a motion by the House, or an order being passed by the Speaker, as the case
may be, the member concerned ceases to be a member of that Committee. Where a
member is a member of aCommittee by virtue of the office he holds, he ceases to
be a member of the Committee when he vacates that office
86
. The member cannot,
however, resign from the membership of that Committee till he holds that office
87
.
Resignations from the membership of other Bodies
When a member of the Lok Sabha representing Parliament on a Government
Committee, Board, Body, etc. seeks to resign from the membership of that Body by
addressing the Speaker, he is advised to address his resignation to the Chairman/
Prescribed Authority of that Committee, Board, Body, etc. where a member is a
member of a Government Committee by virtue of the office he holds, he ceases to
be a member of the Committee when he vacates that office
88
.
Powers of Committees
Powers of the Committees of the Lok Sabha
89
are as laid down in the
Constitution
90
, the Rules
91
and the Directions issued thereunder by the Speaker
92
from
time to time. Rules relating to certain Committees, instead of conferring specific
powers on them, provide that the general rules applicable to Parliamentary Committees
shall apply to them with such adaptations, whether by way of modification, addition
or omission, as the Speaker may consider necessary or convenient
93
.
85. Ibid.
86. This is applicable to the Speaker in the case of the Business Advisory Committee, Rules Committee
and General Purposes Committee and to the Deputy Speaker, Members of the Panel of Chairmen
of Standing Parliamentary Committees of the Lok Sabha and Leaders of recognised Parties and
Groups in the House in the case of the General Purposes Committee.
87. In April 1983, Atal Bihari Vajpayee, who was member of GPC by virtue of his being Leader of
BJ P, sought to resign fromthe membership of GPC. He was informed that the membership of GPC
being ex-officio, he will continue to be a member of the GPC till he holds the office of the Leader
of BJ P Group in the Lok Sabha. In 1988, C. Madhav Reddy, Leader of Telugu Desam Group in
the Lok Sabha, sought to resign fromthe membership of GPC (1987-88). He was informed that
as long as he continued to be a leader of Telugu DesamGroup in the Lok Sabha, it would not
be possible to nominate any other member fromhis Group to the General Purposes Committee.
88. This is applicable to the Speaker in the case of the Business Advisory Committee, Rules Committee
and General Purposes Committee, and to the Deputy Speaker, members of the Panel of Chairmen
of Standing Parliamentary Committees of the Lok Sabha and Leaders of recognised Parties and
Groups in the House in the case of the General Purposes Committee and members elected/
nominated to serve on various Govt. Bodies.
89. For the appointment, duties and powers of the Chairman of a Committee, see Chapter VIll-
Parliamentary Functionaries.
90. Art. 105(3).
91. Rules 263(1), 269(2) and (3), 270, 271, 272, 273, 275(1), 276, 278, 281, 282 and 302.
92. Dirs. 57(1), 98(2), 99(1), 100, l0l(i) and (iv) and 101A(i) and (iii).
93. Rule 3 of the General Purposes Committee Rules; rule 9 of House Committee Rules; and rule 6
of Library Committee Rules.
Under the provisions of the Salary, Allowances and Pension of Members of
Parliament Act, 1954, the Joint Committee on the Salaries and Allowances of Members
of Parliament has the power
94
to regulate its procedure. Besides the Act, the rules
framed under the said Act empower
95
the J oint Committee to appoint one or more
Sub-Committees. In the case of a J oint Committee on a Bill, the motion moved in the
House for reference of a Bill to a J oint Committee does not specifically confer any
power on the J oint Committee but provides that the general Provisions of the Rules
of Procedure of the Lok Sabha relating to Parliamentary Committees will apply with
such variations and modifications as the Speaker may make
96
. Sometimes, in the case
ad hoc Committees appointed by the House on a motion adopted in that behalf, the
motion for appointment of such a Committee may specifically confer on the Committees
some of the powers which are commonly possessed by other Committees of the
Lok Sabha
97
.
The powers which are generally possessed in common by all Committees of the
Lok Sabha are briefly described in the following paragraphs.
Power to appoint Sub-Committees
A Committee may appoint one or more Sub-Committees, each having the powers
of the whole Committee, to examine matters which may require detailed study or
investigation. In pursuance of this power, a number of Standing Committees as also
Select or J oint Committees on Bills have appointed sub-Committees from time to
time for detailed study of specific matters to assist them in the redrafting of particular
clauses of a Bill
98
. In certain Committees, there are Standing Sub-Committees, namely,
(i) Sub-Committee of the Business Advisory Committee for selection of admitted
notices of No-Day-Yet-Named Motions for discussion in the House
99
, and
(ii) accommodation Sub-Committee of the House Committee
100
. Similarly, prior to
the constitution of the Committee on Public Undertakings, the Committee on Estimates
94. Salary, Allowances and Pension of Members of Parliament Act, 1954, s. 9(2).
95. Rule 9(1) of the Rules of Procedure of the J oint Committee on the Salaries and Allowances of
Members of Parliament.
96. For an example of the motion, see L.S. Deb., 19-9-1963, cc. 7136-37.
If a motion to constitute a J oint Committee is initiated by the Rajya Sabha, the motion makes a
provision that the rules relating to Parliamentary Committees of that House will apply to such
Committee.
97. For example, see the motion for the appointment of the Committee on the Conduct of a Member
(Mudgal Case, 1951)P. Deb. (II), 8-6-1951, cc. 10457-65, Also motion for the appointment of
the J oint Committee to enquire into Bofors ContractL.S. Deb., 6-8-1987, cc. 561-62.
98. For example, Sub-Committees were appointed by the J oint Committee on the Companies Bill,
1953; Select Committee on the Womens and Childrens Institutions Licensing Bill, 1953; Select
Committee on the Representation of the People (Second Amendment) Bill, 1955; J oint Committee
on Code of Civil Procedure (Amendment) Bill, 1974; J oint Committee of the Houses to examine
the question of the working of the Dowry Prohibition Act, 1961; and J oint Committee on the
Railways Bill, 1986.
99. The practice of appointment of a Sub-Committee of BAC to examine No-Day-Yet-Named Motions
has been discontinued since 1971. See p. 777, infra.
100. Rule 4(1) of the H.C. Rules.
used to appoint a Standing Sub-Committee on Public Undertakings
101
, every year,
immediately after its own constitution. The Committee on Estimates, whenever it
decides to examine the estimates of the Ministry of Defence, appoints a Sub-Committee
for examining the estimates of that Ministry
102
and the Chairman of the Committee
himself is the Chairman of the Sub-Committee.
If the Deputy Speaker is a member of a Sub-Committee, he is ex-officio appointed
Chairman of the Sub-Committee.
Power to take Evidence or Call for Documents
A Committee may take oral and/or written evidence or call for documents in
connection with a matter under its consideration, examination or investigation
103
.
Power to send for persons, papers and records
104
(See this Chapter, under Evidence, infra)
Power to make Special Reports
A Committee has the power to make a special report on any matter that arises
or comes to light in the course of its work which it may consider necessary to bring
to the notice of the Speaker or the House, as the case may be, notwithstanding that
such matter is not directly connected with, or does not fall within, or is not incidental
to, its terms of reference
105
.
Power to pass resolutions on matters of procedure
Where a case warrants a special procedure for conducting the business of a
Committee, that Committee may pass resolutions on matters of procedure relating to
it for the consideration of the Speaker who may make such variations in procedure
as he may consider necessary
106
.
101. After the constitution of a separate Committee on Public Undertakings, the Estimates Committee
(1964-65) appointed a Sub-Committee to examine the working of the statutory and other Government
bodies not falling within the purview of the Committee on Public Undertakings.
102. Dir. 101(i). Sub-Committees on Defence were appointed by the Estimates Committee during
1956-57 and 1957-58. For detailed working of the Sub-Committee, see this Chapter, under
Committee on Estimates.
103. Rule 269.For details, see this Chapter, under the heading Evidence, infra.
104. Rule 270 and Dirs. 99(2) and 101A(iii).
105. Rule 276.
Two special reports were presented to the Speaker by the Committee on the Conduct of a
Member (Mudgal Case, 1951).
Two special reports on the working of the various Cess Funds were presented to the House by
the Committee on Public Accounts19R and 20R (PAC-2LS).
106. Rule 281.
The Committee on the Conduct of a Member (Mudgal Case, 1951) decided upon the procedure
to be followed at its subsequent sittings. The Speaker approved the procedure and also issued
further directives to the Committee.
Power to make detailed rules
To supplement the provisions contained in the Rules and the Directions issued
by the Speaker, a Committee may, with the approval of the Speaker, make detailed
rules of procedure for its internal working
107
.
Sittings of Committees
Committees generally hold their sittings during sessions of the Lok Sabha, but
are otherwise empowered to sit during the intersession period. By reason of the
prorogation of the House, any business before a Committee does not lapse and the
Committee continues to function notwithstanding such prorogation
108
. When the House
is in session, the Committees normally do not meet after the sitting of the House has
commenced and before 15.00 hours
109
. If a Committee is meeting whilst the House
is sitting, the Chairman of the Committee is required, on a division being called in
the House, to suspend proceedings of the Committee for such time as will, in his
opinion, enable the members to vote in a division
110
.
The date and time of sitting of a Committee are fixed by the Chairman of the
Committee
111
. Where the Chairman is not readily available, the Secretary-General
may fix the date and time of sitting; but in the case of a Select or J oint Committee
on a Bill, he does so in consultation with the Minister in-charge of the Bill
112
.
Venue of Sittings
A sitting of a Parliamentary Committee or a Sub-Committee, whether formal or
informal, is invariably held within the precincts of the Parliament House
113
. If for any
reason, it becomes necessary to hold a sitting of a Committee or a Sub-Committee outside
the Parliament House, the matter is referred to the Speaker whose decision is final
114
.
107. Rule 282.
In pursuance of this power, most of the Standing Committees of the Lok Sabha have framed
Internal Rules for regulating their internal procedure.
108. Rule 284.
109. Dir. 51. The intention behind this direction is to ensure quorum in the House and to enable
members to participate in the Question Hour and other proceedings in the HouseL.S. Deb.,
6-4-1956, c. 1861.
The direction has been relaxed at times by the Speaker to meet the needs of an occasion. See
Min. (CPR) 17-12-1958 and 5-3-1959; Min. (CP) 9-9-1957; and 15-12-1958; Min [SC on
Representation of the People (Amdt.) Bill, 1958] 12-12-1958; Min. [SC on Representation of the
People (Amdt.) Bill, 1961] 17-8-1961 and 18-8-1961; Min. (EC) 3-12-1959; 16-12-1959;
17-12-1959; 18-12-1959; 21-12-1959; 22-12-1959; Min. (BAC) 10-2-1958; Min. (J C on Bofors
Contract) 21-4-1988.
110. Rule 265.
111. Rule 264.
112. Ibid., Provisos.
113. Rule 267 and Dir. 50(1).
114. Ibid.
For instance, the following Committees have held sittings outside the Parliament House with the
approval of the Speaker.
The present practice is that sitting of Parliamentary Committees outside the Parliament
House are not allowed
115
.
The Parliamentary Committees, while on study tour, may hold informal sittings
at the place of their visit, but at such sittings no decisions are taken nor is any
evidence recorded
116
. Normally no study tours are undertaken by the Committees
when the House is in session.
Sometimes, the terms of reference of a Committee may specifically mention
about the venue of sittings of the Committee
117
.
Quorum
The quorum to constitute a sitting of a Committee is, as near as may be, one-
third of the total number of members of the Committee
118
. While calculating one-third
The Committee on Estimates held sittings at Nainital during J une 1955.
The J oint Committee on the University Grants Commission Bill held sittings in the Bombay
Legislative Building at Poona in J uly 1955.
The Public Accounts Committee met at Simla in J une 1956 and again in J une 1958. The Committee
met at Trivandrumfrom27 October 1965, to 1 November 1965, and again in September 1966.
The Committee on Public Undertakings met at Trivandrumin February, 1966.
The J oint Committee on the Constitution (Amendment) Bill 1967 by a private member, Nath Pai
held some sittings in the Conference Hall of the Mysore Vidhan Sabha, Bangalore, J uly 1968.
The Select Committee on Taxation Laws (Amendment) Bill, 1969, held sittings in the Council
Chamber, Calcutta from 8 to 10 J anuary 1970; in the Council Hall, Bombay, from 15 to
17 J anuary 1970; in the Central Hall, Legislators Hostel, Madras, on 5 and 6 February 1970; in
the Conference Hall, Vidhana Soudha, Bangalore, on 7 February 1970; in the Legislative Assembly
Building, Srinagar on 19 and 21 J une; at the PahalgamClub, Pahalgam, on 20 J une; and at the
Gulmarg Club, Gulmarg, on 22 J une 1970.
The Select Committee on the Indian Penal Code (Amendment) Bill, 1967 held sittings in the
Council Hall, Bombay from16 to 18 September, 1968; J oint Committee on Commissions of
Inquiry (Amendment) Bill, 1969 held sittings in Assembly Building, Srinagar, from 21 to
23 October 1970; Sub-Committees of J oint Committee on Code of Civil Procedure (Amendment)
Bill, 1974 held sittings at Madras-Bangalore from16 to 21 September 1974; Ahmedabad-Bombay
from8 to 12 October 1974, Calcutta-Bhubaneshwar from30 December, 1974 to 3 J anuary 1975,
and at Guwahati-Shillong from9 J anuary to 13 J anuary 1975, Lucknow from17 to 18 J anuary1975,
and Chandigarh from 29 to 30 May 1975; J oint Committee on Khadi and Village Industries
Commission (Amendment) Bill 1978 held sittings at Ahmedabad (in the Conference Roomof the
Physical Research Laboratory) on 25 October 1978 and at Patna on 18 J anuary, 1979 at the
residence of J ayaprakash Narayan to record his evidence; J oint Committee on the Railways Bill,
1986 held sittings at Bombay from24 to 27 J une 1987, at Calcutta from11 to 12 September 1987,
at Bangalore from22 to 23 J une 1988 and at Hyderabad from24 to 25 J une 1988.
115. Min. (R.C.), 18-8-1968, para 3.
116. Dir. 50(2).
117. The terms of reference of the Committee on the Conduct of a Member (Mudgal Case, 1951) stated
that the Committee had the power to hear and/or to receive evidence, oral or documentary, in
Bombay and/or any other place in India as the Speaker might decide P. Deb. (II), 8-6-1951,
cc.10464-65. The terms of reference of the J oint Committee to enquire into Bofors Contract
(1987) provided inter alia that If that Committee wish to nominate a Sub-Committee to visit a
foreign country for specified purposes connected with the enquiry, the matter shall be referred to
the Speaker, who may take such decisions and give such directions as he thinks fit, provided
that such Sub-Committee shall not hold sittings, record evidence or take decisions in a foreign
country. However, no such Sub-Committee was nominated by the CommitteeL.S. Deb.,
6-8-1987, cc. 561-62.
118. Rule 259(1).
of the members of Committee, it should be with reference to the total number of
members of a Committee irrespective of vacancies in the Committee and the fraction
if any should be ignored
119
. Thus, for instance in a DRSC having a strength of
31 members, the quorum to constitute a sitting of the Committee shall be ten members
120
Where a Committee is appointed or elected on a motion or a resolution adopted by
the House, the quorum to constitute a sitting of the Committee is generally specified
in the motion or resolution moved in the House
121
; otherwise the general rule relating
to quorum, i.e. one-third of the total number of members of the Committee applies
122
.
The quorum of the Committee is invariably specified in the motion moved in the
House for reference of a Bill to a J oint Committee and it is usually fixed as one-third
of the total number of members of the Committee
123
. Where a Parliamentary Committee
is constituted under an Act of Parliament, the quorum of the Committee may be laid
down in the Act or the rules framed in pursuance of the provisions of the Act
124
.
In special circumstances, the quorum to constitute a sitting of a Committee may,
under orders of the House or the Speaker, be reduced to less than one-third of the
total number of members of the Committee
125
.
The usual practice is for the Chairman of a Committee to satisfy himself that
there is a quorum at the commencement of a sitting or at the time when votes are
taken. At any other time any member of the Committee present at the sitting can draw
the attention of the Chairman to the lack of quorum. If at any time during any such
sitting, there is no quorum, the Chairman of the Committee is required to suspend the
sitting until there is a quorum or adjourn the sitting to some future date
126
. When a
Committee has been adjourned for lack of quorum on two successive dates fixed for
the sitting of the Committee, the Chairman of the Committee is required to report the
119. On a question raised by the Committee on Information Technology, it was decided vide SGs order
dated 12 April 2005 that while calculating quorumunder rule 259, the fractions, if any, should
be ignored.
120. A convention was developed by EC in November 1957 whereby the Committee did not insist on
quorumat its sittings where official witnesses were examined on the ground that no decisions were
taken at such sittings. Over the years, the convention had also been adopted and followed by most
of the Committees including DRSCs. However, it was felt subsequently that the convention was
contrary to the provisions of rule 259 as the rule does not allow a Committee or its Chairman to
relax the requirement of quorumat any sitting on any ground. It was, therefore, decided vide SGs
orders dated 9 April 2008 that the provisions of rule 259 regarding quorum at sittings of
Parliamentary Committees should be enforced strictly regardless of the nature of business to be
transacted.
121. P. Deb. (II), 8-6-1951, cc. 10457-65; L.S. Deb., 3-8-1959, cc. 143-46; 6-8-1987, c.561.
122. Rule 259(1); Railway Convention Committees of 1954 and 1960H.P. Deb., (II), 12-5-1954.
cc. 7171-72; L.S. Deb., 22-4-1960, cc. 13255-295.
123. L.S. Deb., 29-4-1959 and 30-4-1959, cc. 14118-119 and 14309-310; 3-12-1959, cc. 3232-33.
124. See Rule 6(1) of the Rules of Procedure of the J oint Committee on Salaries and Allowances,
framed under section 9(2) of the Salary, Allowances and Pension of Members of Parliament Act,
1954.
125. The quorumof the Committee to fix Hindi Equivalents for Parliamentary, Legal and Administrative
Terms (1956), which consisted of 33 members, was reduced fromeleven to five by Speaker
Ayyangar in view of the peculiar circumstances and urgency of the matter.
126. Rule 259(2); Rule 6(2) of the Rules of Procedure of J SA.
fact to the House
127
or the Speaker, whosoever has appointed the Committee
128
. The
House or the Speaker, as the case may be, may then decide the course of action to
be taken in the matter depending on the merits of each case
129
.
Admission of Strangers
The sittings of Parliamentary Committees are held in private and are not open
to public
130
. No outsider or representative of the press is admitted to the sittings. The
Committees do not associate any person or body from outside, formally or informally,
with their deliberations and as such all persons other than the members of a Committee
and officers of the Secretariat are required to withdraw when the Committee is
deliberating
131
. Certain persons may, however, with the prior permission of the
Committee or its Chairman, be present at a sitting of the Committee when the
Committee is taking evidence, but they are not allowed to take part in any manner in
the proceedings nor can they sit in the body of the Committee
132
.
Admission of members who are not members of Committee
The practice regarding admission to the sittings or association with the
proceedings of a Parliamentary Committee of members who are not members of that
Committee differs from Committee to Committee. In certain Committees
133
such a
127. Rule 259(3).
128. Rule 259(3), Proviso; and Rule 6(3) of the Rules of Procedure of J SA.
129. The Chairman of the Select Committee on the Notaries Bill, 1951, reported to the House that the
Committee had to adjourn on two successive occasions for want of quorumwith the result that
no progress could be made in the work, of the Committee. The House granted extention of time
for presentation of report of the CommitteeP. Deb. (II), 28-9-1951, c. 3617; and 1-10-1951,
cc. 3914-15.
The sittings of the Committee on Petitions to consider a petition on the Finance Bill, 1955,
could not be held on 15 and 16 April 1955 for want of quorum. When the fact was reported to
the Speaker, he ordered that the petition might be circulated to all members in extenso as the Bill
was then pending before the House.
130. Rule 266.
131. Rule 268. In the case of a Select or a J oint Committee on a Bill, the official Draftsman concerned
with the Bill is invariably allowed to be present at the sittings of the Committee.
132. A member of the Rajya Sabha or a State Legislature or an Officer of a State Legislature may, with
the permission of the Chairman, attend the sittings of the Committee on Estimates only when
evidence is being taken, but cannot take part in any manner in the proceedings of the Committee
nor can he sit in the body of the Committee.
On 4 December 1956, when an official of the Department of Parliamentary Affairs came to
attend the sitting of the Business Advisory Committee in the absence of the Minister of Parliamentary
Affairs, the Chairman of the Committee objected to his presence at the sitting and the official was
not allowed to attend the sitting.
133. These Committees are:
Business Advisory Committee, Committee on Government Assurances, Committee on Petitions,
Committee on Private Members Bills and Resolutions, Committee on Subordinate Legislation,
General Purposes Committee, House Committee and the Rules Committeesee Internal Rules of
BAC, CGA, CP, CPB, CSL, GPC, HC and RC; Min. (RC), 29-4-1958.
On a written request made by a member of the Business Advisory Committee belonging to the
Opposition Group, the Speaker has occasionally permitted another member of that Group to attend
the sittings of the Committee-Min. (BAC), 23-5-1957, 15-7-1957, 11-11-1957, 15-11-1957,
10-2-1958, 14-4-1958, 22-4-1960.
member may, under orders of the Chairman of the Committee, be invited to attend its
sittings as a special invitee, but he is not entitled to vote. In the Committee of
Privileges no member other than the members of the Committee can be associated
with the deliberations of the Committee when a specific question of a breach of
privilege or contempt of the House is to be considered
134
. In the case of the Committee
on Estimates, a member who is not a member of the Committee may, with the
permission of the Chairman, attend the sittings of the Committee when evidence is
being taken but not when the Committee is deliberating. Such a member cannot take
part in any manner in the proceedings of the Committee nor can he sit in the body
of the Committee
135
. In the case of a Select Committee on a Bill, a member who is
not a member of the Committee may be present during the deliberations of the
Committee, but he cannot address the Committee nor can he sit in the body of the
Committee
136
. In the case of J oint Committee on a Bill if it is later felt that the
association of some particular member would help the Committee in its deliberations,
that member can be invited as an expert witness but he cannot otherwise be associated
with the deliberations of the Committee
137
. A Minister who is not a member of a
Select or J oint Committee on a Bill may, with the permission of the Chairman of the
Committee, address the Committee
138
but he is not entitled to vote.
Proceedings in Committees
Proceedings in Committees are largely conducted in the same manner as in the
House but in a more intimate and informal atmosphere. When a Committee is
deliberating, a member can speak more than once on a question under consideration.
134. On 18 February 1959, when the Committee of Privileges (2LS) was examining a question of
breach of privilege (Mathai Case, 1959), a member of the Committee suggested that the member
or Chairman of the Committee of Privileges of the Rajya Sabha, who were also then examining
the same question, might be associated with the Committees deliberation. The Chairman of the
Committee ruled that in view of Rules 266 and 268, no outside person or body could be associated
formally or informally with the deliberations of the Committee.
135. Rule 23 of I.R. (EC).
136. Rule 299.
137. In the J oint Committee on the Merchant Shipping Bill, 1958, when the Minister of Transport and
Communications suggested that a member of the Rajya Sabha, whose name had been omitted
frombeing included in the Committee, might be invited to attend the sittings of the Committee
so that his expert knowledge of Indian shipping could be available to them, the Speaker ruled that
the Committee could call himas an expert witness but could not otherwise associate himin their
deliberations.
138. Rule 299. Proviso.
The Minister of Revenue and Civil Expenditure participated in all the sittings of the Select
Committee on the Life Insurance Corporation Bill, 1956, and took part in the proceedings. The
Minister of Industry addressed the J oint Committee on the Parliament (Prevention of
Disqualification) Bill, 1957, on 26 J uly 1958see also Min. [J .C. on Constitution (Seventeenth
Amendment) Bill, 1963], 23-1-1964. The Prime Minister Morarji Desai addressed the J oint
Committee on the Khadi and Village Industries Commission (Amendment) Bill, 1978 at their
sitting held on 27 September 1978. The Minister of Information and Broadcasting, Purushottam
Kaushik, addressed the sitting of the J oint Committee on the Prasar Bharati (Broadcasting
Corporation of India) Bill, 1979 held on 16 August 1979. The Minister of State in the Ministry
of Parliamentary Affairs, Shrimati Sheila Dikshit, attended the sitting of the J oint Committee on
the Lokpal Bill, 1985 held on 4 May 1988.
After the Chairman is satisfied that sufficient discussion has taken place, he puts the
question to the Committee and ascertains its decision. All questions at a sitting of a
Committee are decided by a majority of votes of the members present and voting
139
.
Except in the case of Select or J oint Committees on Bills, questions are not formally
put to the vote of the Committee and as far as possible, unanimous decisions are
taken. In rare cases when there is a difference of opinion in a Committee, either both
opinions are included in the report of the Committee or a reference to the difference
of opinion is recorded in the minutes of the Committee. A question on which a
Committee has already taken a decision may be reopened at the same or a subsequent
sitting of the Committee with the permission of the Chairman
140
.
A verbatim record of the proceedings is kept when a witness is examined by the
Committee
141
or if it is otherwise considered necessary, depending upon the nature
and importance of the matter discussed by the Committee
142
. The verbatim proceedings
are for the use of the Committee only and no part thereof can be communicated,
shown for reference or divulged to anyone who is not a member of the Committee
without the permission of the Speaker unless and until the proceedings have been laid
on the Table
143
.
The proceedings of a Committee are treated as confidential and it is not
permissible for a member of the Committee or anyone who has access to those
proceedings to communicate, directly or indirectly, to the press or any other person
any information regarding the proceedings, including the report or any conclusions
arrived at finally or tentatively, before the report is presented to the House
144
.
However, in the case of Joint Committee to enquire into irregularities in securities
and banking transactions, the Committee decided that in view of the widespread
public interest, the Chairman should brief the press about the deliberations of the
Committee, as the motion adopted by the House provided that the Committee might,
if need arises, in certain matters, adopt a different procedure with the concurrence of
the Speaker, the Speaker accorded the necessary approval and the Chairman briefed
the press at end of each meeting of the Committee.
139. Rule 261.
140. Dir. 54.
See, for example, Min. [S.C. on the Government Premises (Eviction) Amendment Bill, 1954]
30 April 1955, 25, 27 August 1955.
In the case of Committee on Private Members Bills and Resolutions, a Bill categorised as B in
anyone session, may, on application fromthe sponsor of the Bill, be considered for recategorisation
during a later session40R(CPB-ILS).
141. Rule 273(v).
142. For example, when the Committee on Estimates considers its draft reports; when the Committee
on Private Members Bills and Resolutions examines Bills seeking to amend the Constitution; and
when the Committee of Privileges arrives at its decisions. The proceedings in the Rules Committee
are recorded verbatim as they bring out the implications of the rules. Proceedings of the sittings
of the J oint Committee to enquire into Bofors Contract (1987) were recorded verbatim.
143. Verbatim proceedings may be made available to members in the discretion of the Speaker in
response to a specific request made in the HouseL.S. Deb., 12-8-1966.
144. Dirs. 55(1) and 65(1).
Evidence
A Committee may take oral and/or written evidence in connection with a matter
under its consideration, examination or investigation, and every Committee has the
power to send for persons, papers and records
145
.
The Ministers are generally not called before the Committees to give evidence.
The Joint Committee to enquire into irregularities in securities and banking transactions,
however, decided to call for written information on certain points from Ministers/ex-
Ministers and to call them for evidence before the J oint Committee if considered
necessary on account of the wide ramifications of the subject under examination. The
Speaker, while according the necessary approval, stated that this was being done in
view of the uncommon nature of the case and the views expressed by the Leaders of
all Parties at the time of constituting the Committee and also subsequent to that. The
Committee called certain information in writing and also took evidence of the Ministers
of Finance and of Health & Family Welfare.
Where the disclosure of a document is, however, likely to be prejudicial to the
safety or interest of the State, the Government may decline to produce it before a
Committee
146
.
145. Rule 270.
146. Ibid., Second Proviso.
In accordance with an established convention, secret documents required by a Parliamentary
Committee are confidentially made available by the Ministry or Department or Undertaking to the
Chairman in the first instance, unless it is certified by the Minister concerned that such document
could not be made available on the ground that its disclosure would be prejudicial to the safety
or interest of the State. The Chairman gives due consideration to the wishes of the Ministry or
Department or Undertaking before making any such document available to the members of the
Committee. Any difference of opinion between the Ministry, etc. and the Chairman is settled by
discussion, and in the last resort by reference to the Speaker. The plea on non-disclosure of a
document on grounds of safety or interest of the State has to be taken by the Minister himself.
It would not be adequate or proper for any civil servant to advance this plea before the Speaker
or the Chairman of a Parliamentary Committee.
(i) On 13 J uly 1956, the Minister of Defence handed over a few reports to the Chairman,
Estimates Committee, for use in connection with the examination of the estimates of the
Ministry of Defence with a request to treat themas secret documents. Those reports were
not circulated to the members of the Sub-Committee (Defence) of the Estimates Committee.
The information contained in themwas, however, utilized in determining the methodology
of inquiry.
(ii) During their examination of audit para 16 of the Report of the Comptroller & Auditor
General of India for 1971-72 on Revenue Receipts (Vol. 1) relating to import of serviceable
woollen garments as rags, the PAC (1973-74) desired to be furnished with full facts
relating to inter-ministerial meetings held in this regard and the PMs approval in the
matter. The Cabinet Secretariat declined to furnish the requisite files invoking the second
Proviso to Rule 270. Later the Minister of Works, Housing and Parliamentary Affairs also
addressed a D.O. to the Speaker, Lok Sabha stating that the papers of the Cabinet Secretariat
which the Chairman of PAC wishes to see were not relevant for the purpose of the
Committees inquiry. He also requested the Speaker to call for the relevant papers and to
give a ruling in the matter.
The Speaker ruled inter alia as follows:
....the details of the discussion held between the Ministers and the approval
given by the Prime Minister to the recommendations of the Ministers are no longer
relevant within the meaning of Rule 270 of the Rules of Procedure and Conduct
of Business in Lok Sabha.
If at any time any question arises whether the evidence of a person or the
production of a document is relevant for the purpose of the Committee, the question
is referred to the Speaker whose decision is final
147
. Similarly, if an officer of a State
Government is required to be examined by a Committee or if a paper, document or
record of a State Government is required to be produced before a Committee, the
orders of the Speaker are required to be obtained in each case before the officer or
the State Government concerned is asked to comply with the request
148
.
(iii) While examining para 27 of the Report of the Comptroller & Auditor General of India for
the year 1972-73, relating to purchase of Milo fromabroad, the PAC (1974-75) called for
certain information fromthe Department of Food. The Minister of State for Agriculture and
Irrigation certified that the production of the documents in question would be prejudicial
to the safety and interest of the State. The Government also invoked the second Proviso
to Rule 270. The Ministers request was acceded to by the Speaker.
(iv) The PAC while examining audit para 27 of the report of Comptroller & Auditor General
of India for the year 1974-75 asked for certain documents fromthe Ministry of Food. The
Ministry of Food invoked the second Proviso to Rule 270. On the attention of the Ministry
being drawn to the well established convention of making secret documents available to
the Chairman of the Committee, the Minister of State for Agriculture and Irrigation discussed
the matter with the Speaker, Lok Sabha. While acceding to the request of the Minister, he
directed that the papers might be shown to the Chairman only. Accordingly, the papers
were made available to the Chairman, PAC.
(v) During the course of their examination of audit para 35 of the Report of the Comptroller
& Auditor General of India for 1985-86, Union Government (Defence), the PAC (1987-88)
asked the Ministry of Defence to furnish certain documents. The same were made available
to the Chairman. However, he directed that as the documents were very voluminous, the
same should be made available to the Director of Audit (Comptroller & Auditor General
of India) for comprehensive examination. As the documents were not made available to the
Audit, the matter was again taken up with the Secretary/Ministry of Defence. The Minister
of Defence informed the Chairman that all the documents except one had been made
available to the Audit. He also reiterated that the document in question could be shown
to the Chairman, PAC which was accepted by the Chairman.
(vi) The Committee of Privileges during the course of examination of a question of privilege
against the Editors of Indian Express, Financial Express and Jansatta for allegedly casting
reflections on a member of Parliament, in an article captioned An MP and two Accounts
published in their issues dated 14 March 1988, called for fromthe Ministry of Finance
certain documents relevant to the matter pending consideration before the Committee. The
Ministry of Finance, while sending the requisite documents, stated that since the said
documents had been classified as secret, the same might be put up to the Chairman,
Committee of Privileges for his perusal only.
The Committee directed that the Minister of Finance might be asked to state if he
would have any objection to the Chairman showing the said documents or he would
like to certify that the documents could not be made available to members of the
Committee on the ground that their disclosure would be prejudicial to the safety or
interest of the State. On the Ministry of Finance intimating, with the approval of the
Minister of State for Finance, that the disclosure of the documents was not considered
to be prejudicial to the safety or interest of the State, the Chairman made the said
documents available to the members for perusal during the course of the sitting of the
Committee on 14 J uly 1988.
147. Rule 270, First Proviso.
148. Dir. 60(1).
The Home Secretaries to the Government of Punjab, Uttar Pradesh and West Bengal were, with
the permission of the Speaker, examined by the J oint Committee on the Arms Bill, 1958,
on 14, 15 and 18 J uly 1959.
Where the Speaker decides that it is not necessary to summon a particular State
officer as a witness or that the State Government need not be asked to produce a
paper, document or record, his decision is conveyed to the Committee through its
Chairman
149
.
A Committee can take evidence of experts, public bodies, associations, individuals
or interested parties suo motu or on requests made by the persons or bodies interested
in or affected by the subject matter under consideration or examination of the
Committee
150
. In the case of a Select or J oint Committee on a Bill, if the Committee
decides to hear evidence, it issues generally a press communique
151
inviting interested
parties to send written memoranda containing their views on the Bill. After considering
the written memoranda received from the persons or organisations, the Committee or
the Chairman, when so authorised, selects the parties who may be called to give
evidence before the Committee. It is also within the discretion of a Select or J oint
Committee on a Bill to invite written opinions on a Bill from experts or individuals
or organisations instead of hearing them
152
. Where a Ministry, Department or an
Undertaking is required to give evidence before a Committee on any matter, it is
represented by the Secretary or the head of the Department or the Undertaking, as the
case may be
153
. If for any reason such an officer cannot attend a Committee on any
particular occasion, the Chairman of the Committee, may, on a request being made
to him, permit any other senior officer to represent the Ministry, Department or
Undertaking before the Committee on that occasion
154
. If required by a Committee,
the Ministry, Department or Undertaking concerned has to furnish for circulation to
the members of the Committee sufficient number of copies of any memorandum
containing its views on the matter under consideration well in advance of the date on
which its representatives have to give evidence before the Committee.
155
The Law Secretaries to the Governments of Himachal Pradesh, Punjab, Uttar Pradesh and
Maharashtra were, with the permission of the Speaker, examined by the J oint Committee on the
Criminal Law (Amendment) Bill, 1980 on 30 J une, 1, 4 and 27 J uly 1981, respectively.
149. Dir. 60(2).
150. Dir. 57(1).
151. See, for example, reports of J oint Committees on the Arms Bill, 1958, the Companies (Amendment)
Bill, 1959, the State Bank of India (Subsidiary Banks) Bill, 1959, the State Bank of India
(Amendment) Bill 1959, the Banking Companies (Amendment) Bill, 1959, the Marriage Laws
(Amendment) Bill, 1981, and the Life insurance Corporation Bill, 1983.
152. The J oint Committee on the University Grants Commission Bill, 1954, invited written opinions
on the Bill fromthe Vice-chancellors of all Indian Universities instead of calling themfor oral
evidence.
153. Dir. 59(1).
On 9 J uly 1951, the Public Accounts Committee postponed examination of accounts relating
to the Supreme Court when they noticed that an Assistant Registrar of the Supreme Court had
been deputed to attend the sitting.
In August 1955, on finding a Deputy Secretary deputed to represent the Ministry of Rehabilitation
at their sitting, the Public Accounts Committee deferred consideration of the accounts of that
Ministry till the Secretary of the Ministry himself appeared before the Committee.
154. Dir. 59(1), Proviso.
155. Dir. 59(2).
Procedure for Securing Attendance of Witnesses
A witness includes a representative of a Ministry, Department, Public Undertaking
or any organisation or any other person. A witness may be called either by a letter or
by issue of a formal summons to give evidence before a Committee and/or to produce
before it any document required by the Committee
156
. Generally, a letter is addressed
and formal summons are issued to a witness only when a Committee is conducting
an investigation of a judicial character.
If a witness fails to appear before a Committee when summoned or called by
a letter or a person refuses to produce any document when so required by a Committee,
his conduct constitutes contempt of the House and may be reported to the House by
the Committee.
If a witness to be examined by a Committee is in jail, his attendance before the
Committee, if considered necessary, is secured through the Home Ministry and the
State Government concerned.
When the Parliamentary Committee on the Demand for Punjabi Suba,
on requests made to them, decided on 1 February 1966, to hear a detenu
detained under orders of the Punjab Government, the Home Ministry and the
Punjab Government were asked in writing and telegraphically, respectively,
to ensure the detenus appearance before the Committee on February 4 at
15.00 hours. The detenu who was then in the Central J ail, Delhi, was brought
to Parliament House on the appointed date and time under police escort and
was received at the main gate by the Watch and Ward Officer,
157
Lok Sabha.
The police escort waited at the Outer Reception Office and the Watch and
Ward Officer conducted the detenu to the waiting room for witness. From
there, the staff attending the Committee took the detenu to the Committee
Room. After his evidence before the Committee, he was conducted to the
main gate by the Watch and Ward Officer and handed over to the waiting
police escort for being taken back to jail.
Counsel for a witness: Generally, a witness is heard in person by a Committee.
In special circumstances, however, especially in inquiries or investigations of a judicial
character, a witness may be permitted to be represented or accompanied by a counsel
158
.
Evidence on oath: Ordinarily, oath or affirmation is not administered to witnesses
appearing before the Committees. An oath or affirmation is administered to a witness
only where the investigation is of a judicial or quasijudicial nature and the truth of
the facts has to be ascertained
159
.
156. Rule 269(1).
157. Redesignated as J oint Secretary, Security.
158. Rule 271. In the Mudgal Case, the motion constituting the Committee provided that
Shri H.G. Mudgal has leave to be heard before the Committee by himself or by counsel, if he
thinks fit, and that the Committee may hear counsel to such extent as they think fit on behalf of
any other personP. Deb. (II), 8-6-1951, cc. 10464-65.
159. Rule 272(1). In the Mudgal Case, and the Deshpande Case, the Committees examined witness
on oathsee Report of Committee on the Conduct of a Member (Mudgal Case), 1951, andReport
of the Committee of Privileges (Deshpande Case), 1952, respectively. J oint Committee to enquire
into Bofors Contract decided to take evidence on oath. Accordingly, all the witnesses (including
official witnesses) were administered oath by the Chairmansee Report of the J oint Committee.
Procedure for examining witnesses
Before a witness is called for examination, the Chairman and members of the
Committee briefly confer and decide upon the lines to be followed in the examination
of the witness and the questions to be asked of him
160
. The Chairman first asks the
witness such questions as he may consider necessary with reference to the subject
matter under consideration or any subject connected therewith
161
. Thereafter, other
members of the Committee may, one by one, ask the witness any other question
162
.
In the case of a Select or J oint Committee on a Bill, where a witness is called to give
evidence after considering a written memorandum submitted by him, examination of
the witness is confined mainly to matters not clarified in his memorandum and to such
other matters as may arise therefrom. The questions asked are confined to matters that
affect the interest represented by the witness or upon which he is competent to
express an opinion. After all the members of the Committee have finished with their
questions, the Chairman may ask the witness to place before the Committee any other
relevant points which may not have been covered and which the witness thinks are
essential to be placed before the Committee
163
. A witness may also, with the permission
of the Chairman, place before the Committee any other relevant information which
may not have been already placed before the Committee
164
.
Decorum and etiquette to be observed by witnesses : All witnesses, when
appearing before a Committee or a Sub-Committee thereof, have to observe a proper
decorum and etiquette consistent with the courtesy and respect due to a Committee
of Parliament. Points of conduct and etiquette to be observed by the witnesses have
been drawn up for their guidance
165
. A copy of these points, where considered necessary,
is either sent to the witness when he is called to appear before a Committee or shown
to him when he personally comes for evidence.
Verbatim record of evidence
A verbatim record of the proceedings of a Committee is kept when a witness
is called to give evidence before the Committee
166
. Relevant portions of the verbatim
proceedings of the sitting, at which evidence has been taken, are forwarded by the
Secretariat to the witness and the members concerned for confirmation and return by
160. Rule 273(i).
In the case of the Estimates Committee, the Public Accounts Committee, and the Committee
on Public Undertakings, a list of points and/or questions for oral examination of witnesses,
incorporating therein any suggestions received frommembers of the Committee, is prepared and
circulated to the members of the Committee before the oral examination of witnesses actually
takes place. Besides financial Committees, this practice is in vogue in several other Parliamentary
Committees such as Committee on Subordinate Legislation, Committee on Petitions, Committee
on Papers Laid on the Table and Committee on Government Assurances, etc.
161. Rule 273 and Dir. 62(1).
162. Ibid.
163. Rule 273(iv).
164. Dir. 62(2).
165. Points of Conduct and Etiquette are maintained by the Committee Branches.
166. Rule 273(v).
a specified date
167
. If corrected copies of the proceedings are not received back by
the specified date, the reporters copy is treated as authentic
168
. In exceptional cases,
reasonable cause being shown, corrections received after the specified date may be
admitted.
Corrections, if any, must be made neatly and legibly by the witness or the
member in ink in his own handwriting.
A witness or a member cannot make corrections for the purpose of improving
the literary form or altering the substance of the proceedings by additions or deletions.
The corrections, if any, are to be confined to correction of inaccuracies which may
have occurred in the process of reporting
169
.
Secret or Confidential Documents submitted
to a Committee not to be quoted
Whenever a secret or confidential paper or document is circulated to the members
of a Committee, the contents of such paper or document must not be divulged by any
member of the Committee either in a minute of dissent or in his speech on the floor
of the House or otherwise, without the prior permission of the Speaker
170
. Where such
permission has been obtained, any restriction imposed by the Speaker in regard to the
manner in which, or the extent to which, the information contained in the document
may be divulged, has to be strictly observed by the member concerned
171
. In the case
of a Select or J oint Committee on a Bill, although secret or confidential documents
circulated to members of the Committee cannot be referred to in minutes of dissent
or speeches in the House, arguments contained in such documents may be advanced
without quoting the source or the authority
172
.
Prohibition on publication of evidence
before it is reported to the House
Evidence given before, or a document submitted to a Committee, is always
treated as confidential and no part thereof can be divulged or shown for reference to
anyone who is not a member of the Committee unless and until the same has been
laid on the Table
173
. All documents, representations or memoranda addressed to a
Committee and received in the Secretariat form part of the records of the Committee
and can neither be withdrawn nor altered without the knowledge and approval of the
Committee
174
. In the case of a Select or Joint Committee on a Bill, while acknowledging
receipt of a representation or memorandum addressed to the Committee, the sender
is informed that as his representation or memorandum has gone into the records of
the Committee, the same should be treated as strictly confidential and not circulated
to anyone else. No person can, without the permission of the Speaker, quote from or,
send to anyone else, copies of any document submitted to a Committee unless and
167. Dir. 65(2).
168. Ibid.
169. Dir. 65(3).
170. Dir. 55(2).
171. Ibid.
172. Min. [J C on the Code of Criminal Procedure (Amendment) Bill, 1954], 27-8-1964.
173. Rule 275(2); Dirs. 55(1) and 65(1).
174. Rule 269(3).
until the same has been presented to the House either along with the report of the
Committee or separately
175
. If any person seeks permission to make use of the
representation or memorandum submitted by him to a Committee, he is, when so
permitted, required to make use of only the arguments or points contained in his
representation or memorandum without alluding to the fact that such considerations
have also been urged by him in the representation, etc. submitted to the Committee
176
.
When copies of the relevant portions of the verbatim proceedings of the sitting of a
Committee at which evidence has been given are forwarded to a witness or a member
for correction and return, he is informed that it is neither permissible to take out
copies of those proceedings nor can the proceedings be quoted anywhere or made use
of in any manner without the permission of the Committee.
It is a breach of privilege for any person to publish any part of the evidence
given before, or any document submitted to, a Committee before such evidence or
document has been reported to the House.
It is at the discretion of the Committee to treat as secret or confidential any
evidence, oral or written, given before it
177
. Even where a witness expressly desires
his evidence to be treated as confidential, the Committee may decide otherwise and
make it available to the members of the House
178
; where the Committee decides to
treat the evidence as confidential, it is not printed along with other evidence nor
presented to the House but the Committee may decide to place a few copies thereof
in the Library for reference by members only
179
. However, all evidence given before
and documents submitted to a Committee are available to all members of the
Committee
180
. Generally, the verbatim record of evidence given before a Committee
175. Dir. 74.
176. Permission to publish the representations/memoranda submitted to the J oint Committee on the
Companies Bill, 1953, and the J oint Committee on the Merchant Shipping Bill, 1958, was refused
to the persons concerned on the ground that the same had not been laid on the Table.
Similarly, the Department of Company Law Administration were not granted permission to
print the written evidence submitted by themto the J oint Committee on the Companies Bill, 1953,
because the documents in question had not till then been laid on the Table, even though that
evidence was to formpart of the record for official use only.
Permission to make use of arguments or points contained in their representations or memoranda
submitted to the following Committees was granted to certain persons and associations:
J oint Committee on the Merchant Shipping Bill, 1953; Select Committee on the Wealth Tax
Bill, 1957; and Select Committee on the Expenditure Tax Bill, 1957.
In February 1969, permission was granted to P.G. Mavalankar to include in the Laski Institutes
proposed publication, the full text of evidence given by himand Santhanain before the J oint
Committee on Constitution (Amendment) Bill, 1967 by Nath Pai.
177. Rule 269(2).
178. Dir. 58.
179. On the express desire of some witnesses, the evidence given by thembefore the following Select/
J oint Committees was treated as confidential and it was not printed with the evidence of other
witnesses:
(i) J oint Committee on the Arms Bill, 1958; (ii) Select Committee on the Taxation Laws
(Amendment) Bill, 1973; (iii) J oint Committee on the Marriage Laws (Amendment) Bill, 1982;
(iv) J oint Committee on the Life Insurance Corporations Bill, 1983.
180. Rule 273(vi).
is kept with the Secretariat for reference by members of the Committee, but on
occasions such record of evidence or a summary thereof has been circulated to members
of the Committee
181
.
Laying of Evidence on the Table
It is for the Committee to decide if the whole or part of the evidence given
before them or a summary thereof should be laid on the Table
182
. The general practice
in this regard varies from Committee to Committee. The Committee on Estimates has
decided that the evidence it takes need not normally be published with its reports
183
.
A resume of the evidence is invariably embodied on the minutes of the sittings of the
Committee which are laid on the Table as soon as possible after the presentation of
the report to which they relate.
Where evidence was taken by the erstwhile Sub-Committee on Public
Undertakings of the Committee on Estimates, the minutes of the sittings at
which evidence was taken were laid on the Table together with the minutes
of the sitting of the whole Committee at which the report of the Sub-Committee
was adopted by the whole Committee
184
.
The evidence given before the Committee on Public Accounts is also not normally
laid on the Table. Where, however, the Committee on Public Accounts decides to lay
the evidence on the Table, it is printed in the form of a separate volume which is
deemed to form part of the report of the Committee dealing with the relevant accounts
and audit report thereon. Evidence given before a Sub-Committee of the Committee
on Public Accounts is not printed verbatim; only the minutes of the Sub-Committee
are appended to its report which, on approval by the Committee, are included in the
181. Verbatimrecord of evidence given before the following Select/J oint Committee was circulated to
members of the Committee:
(i) Select Committee on the Life Insurance Corporation Bill, 1956; (ii) J oint Committee on the
Criminal Law (Amendment) Bill, 1980; (iii) J oint Committee on the Lokpal Bill, 1985; and
(iv) J oint Committee on the Railways Bill, 1986.
A summary evidence given before the J oint Committee on the Companies Bill, 1953, was
circulated to members of the Committee.
In the case of the Estimates Committee and Public Accounts Committee, only the minutes
containing a resume of evidence given before these Committees are circulated to members of the
Committee.
182. Rule 275(1).
183. Min. (EC), 7-2-1953.
The reason for not publishing the evidence given before the Estimates Committee is that if the
witnesses appearing before the Committee know that their evidence would be printed and published,
they may be on guard and the Committee may, to that extent, be deprived of the benefit of free
and frank expression of views by witnesses. Especially in the case of non-official witnesses, who
speak in confidence, their evidence has been found to be of great value by the Committee in
arriving at proper conclusions. If the evidence of the non-official witnesses is to be published, they
may be hesitant to speak out so frankly and, in some cases, they may even be reluctant to give
evidence before the Committee.
184. Min. (EC), 11-4-1960.
report of the whole Committee
185
. The evidence given before the Committee of
Privileges, unless decided otherwise by the Committee
186
, forms part of, and is
appended to, the report of the Committee which is laid on the Table
187
. If a Select
or J oint Committee on a Bill decides that the evidence given before it need not be
laid on the Table, it does not form part of the report of the Committee
188
. Where it
is decided that only a summary of the evidence may be laid on the Table, the evidence
is printed in summary form as part of the report presented to the House
189
. In the case
of a Select or J oint Committee on a Bill, laying of evidence on the Table in extenso
is more common and where the Committee so decides, the evidence is printed in a
separate volume
190
. Similarly, memoranda, etc. submitted by organisations, associations
or individuals who give evidence before a Select or J oint Committee on a Bill may,
if the Committee so decides, be laid on the Table as an Appendix to the evidence
191
.
The Committee may also decide that such memoranda, etc. need not be laid on the
Table along with other evidence but a few copies thereof may be placed in the Library
for reference by members
192
.
Circulation of Evidence to Members of the House
Copies of the evidence given before a Committee are made available to members
of the House only after the evidence has been laid on the Table. In an urgent case,
however, particularly when the House is not in session, the Speaker may, in his
discretion, direct that such evidence be confidentially made available to members
before it is formally laid on the Table
193
.
Sub-Committees
A Sub-Committee, having the powers of the whole Committee, may be appointed
by a Parliamentary Committee to examine any matter that may be referred to it which
185. In the case of its Sub-Committee on the Delhi Transport Authority (Bus Section) 1950-51 to
1953-54, the Public Accounts Committee adopted the report of the Sub-Committee as its report
and the evidence given before the Sub-Committee was also printed along with the report.
186. See SR (CPR-2LS), p. 12; 11R (CPR-2LS), p. 6.
187. See the Deshpande Case, 1952, 4R (CPR-2LS); 7R (CPR-2LS); 12R (CPR-2LS); 13R (CPR-2LS).
188. Min. [SC on the Government Premises (Eviction) Amendment Bill, 1954], 27-8-1955; and Min.
[SC on the Securities Contracts (Regulation) Bill, 1954] 18-2-1956.
189. See Reports of the J Cs on the Displaced Persons Compensation and Rehabilitation Bill, 1954; the
Code of Criminal Procedure (Amendment) Bill, 1954; and the Lokpal and Lokayukta Bill, 1968.
190. In the case of Select Committees on the Electricity (Supply) Amendment Bill, 1954, and the Life
Insurance Corporation Bill, 1956 and J oint Committees on the Companies Bill, 1953, the Motor
Vehicles (Amendment) Bill, 1955 and J oint Committee on the Life Insurance Corporation Bill, 1983,
the evidence given before the Committees was laid on the Table in extenso in a separate volume.
191. See Evidence volumes of the J oint Committees on the Motor Vehicles (Amendment) Bill, 1955,
and the Banking Companies (Amendment) Bill, 1959.
192. Memoranda, etc. submitted by individuals or associations to Select Committee on the Life Insurance
Corporation Bill, 1956, the J oint Committee on the Arms Bill, 1958, J oint Committee on the
Mental Health Bill, 1978 and the J oint Committee on the Life Insurance Corporation Bill, 1983,
were not appended to the Evidence laid on the Table, but a few copies were placed in the Library
for reference by members.
193. Rule 275(3), Proviso.
requires detailed study or investigation
194
. The order of reference to a Sub-Committee
clearly states the point or points for investigation
195
. The members of a Sub-Committee
are appointed from amongst the members of the whole Committee. If the Chairman
of a Committee is a member of a Sub-Committee thereof, he automatically becomes
the Chairman of the Sub-Committee. Otherwise, the Chairman or the convener of a
Sub-Committee is appointed by the Chairman of the whole Committee
196
. The Chairman
of the Committee on Estimates is usually the Chairman of the Sub-Committee on
Defence and in the case of the Accommodation, Sub-Committee of the House
Committee, the Chairman, House Committee, is the ex officio Chairman of the Sub-
Committee
197
.
The procedure followed in the Sub-Committee is, as far as practicable, the same
as in the whole Committee
198
. The Chairman of the whole Committee may, subject
to any general or special directions issued by the Speaker, gives such directions on
matters of procedure to the Chairman or convener of a Sub-Committee as may be
necessary for the regulation and organization of work of the Sub-Committee
199
.
The report of a Sub-Committee, signed by the Chairman of the Sub-Committee,
is submitted to, and considered by, the whole Committee; if the report of the
Sub-Committee is approved at the sitting of the whole Committee, it is deemed to be
the report of the whole Committee
200
. The report of a Sub-Committee may also be
appended to the report of the whole Committee when the latter is presented to the
House or the Speaker
201
.
Record of Decisions of a Committee
Minutes of sittings
Soon after each sitting of a Committee, minutes of the proceedings of the
sitting, giving names of the members and officers present, the duration of the sitting
and the decisions arrived at are prepared and, after approval by the Chairman or the
member who presided at the sitting, circulated to the members of the Committee
202
.
However, in the case of the Committee on Public Accounts, only consolidated minutes
of the sittings of the Committee relating to the examination of particular accounts are
circulated to members of the Committee. Minutes of the sittings of a Sub-Committee
194. Rule 263(1).
195. Rule 263(2).
196. Dir. 56(2).
197. Rule 4(1) of the House Committee Rules.
198. Dir. 56(3).
199. Dirs. 101(iii) and 101A(vi).
200. Dir. 56(1) and Rule 263(1) (2)See report of the J oint Committee of the Houses to examine the
question of the working of the Dowry Prohibition Act, 1961. The report of the Sub-Committee
was submitted to the J oint Committee on 6 August 1982.
201. See reports of Joint Committee on the Companies Bill, 1953, Select Committee on the Representation
of the People (Second Amendment) Bill, 1955, Committee on Offices of Profit, 1955, and J oint
Committee on the Parliament (Prevention of Disqualification) Bill, 1957.
202. Rule 274 and Dir. 66.
are generally circulated only to members of the Sub-Committee, but in the case of a
Sub-Committee of the Committee on Public Accounts, minutes of the sittings at which
evidence is given are circulated to members of the whole Committee.
Where considered necessary, a copy of the minutes of a sitting of a Committee
or Sub-Committee or relevant extracts therefrom may also be sent to the Ministry or
other authority concerned
203
. If any member desires to make any alteration in the
minutes on the ground that they are not in conformity with the decision arrived at, the
matter is considered by the Committee or Sub-Committee at its next sitting and the
decision taken thereon is incorporated in the minutes of the sitting
204
. The minutes are
treated as confidential until presented to the House
205
.
Laying of minutes on the Table: The practice regarding laying of the minutes
of the sittings on the Table varies according to the nature of work of the Committee.
Minutes of the sittings of the Business Advisory Committee, General Purposes
Committee and the J oint Committee on Salaries and Allowances of Members of
Parliament are not laid on the Table. In the case of the Committee on Absence of
Members from the Sittings of the House, Government Assurances, Petitions, and
Private Members Bills and Resolutions, the minutes of the sittings held during a
session are laid on the Table by the Chairman or, in his absence, by any other member
of the Committee, before the termination of the session
206
. If any of these Committees
holds its sittings when the Lok Sabha is not in session, the minutes of those sittings
are laid on the Table during the next Session at the first convenient opportunity
207
.
In the case of the Committee of Privileges, Committee on Public Accounts, Committee
on Subordinate Legislation, J oint Committe on Offices of Profit, and Select or J oint
Committees on Bills, minutes of the sittings of the Committee form part of, and are
appended to, the relevant report of the Committee which is presented to, or laid on
the Table of the House
208
. Minutes of the sittings of the Committee on Estimates are
laid on the Table as soon as possible after the presentation of the report to which they
relate
209
. Minutes of the sittings of the Rules Committee either separately are laid on
the Table by the Deputy Speaker if he is a member of the Committee or, in his
203. Dir. 66(3).
In the Public Accounts Committee, extracts of the minutes are not circulated to any Ministry
but the minutes are sent to the Comptroller and Auditor General for information.
In the Business Advisory Committee, a copy of the minutes of each sitting is also sent to the
Department of Parliamentary Affairs.
In the General Purposes Committee and the House Committee, when so decided, relevant
extracts fromthe minutes are forwarded to the Ministries/Departments concerned for necessary
action.
204. Dir. 66(4).
205. Dir. 66(5).
206. Rule II of IR (CAM); Rule 13(1) of 1R (CGA); Rule 10(1) of 1R (CP) and Rule 8 of LR (CPB).
207. Rule 13(2) of IR (CGA) and Rule 10(2) of IR (CP).
208. Rule 8 of IR (CPR); IR (PAC-1LS), p. 39, para 71; Rule 8 of IR (CSL); Rule 11 of IR (J COP)
and Rule 9 of IR (S/J Cs).
209. Rule 17 of IR (EC).
Since 1958-59, minutes of the sittings of the Committee on Estimates are compiled separately
for each report or group of reports or Ministry-wise as may be convenient and are laid on the Table
absence, by any other member of the Committee soon after the relevant report has
been so laid
210
or the Minutes are appended to the relevant report when it is laid on
theTable. Usually an entry is made in the List of Business for the day on which the
minutes of sittings of a Committee are to be laid on the Table
211
.
Reports of Committees
The Report of a Committee may be either preliminary or final
212
. A Committee
may, if it thinks fit, make a special report on any matter that arises or comes to light
in the course of its work, and which it may consider necessary to bring to the notice
of the Speaker or the House, notwithstanding that such matter is not directly connected
with, or does not fall within, or is not incidental to, its terms of reference
213
.
Time limit for presentation of report
Standing Parliamentary Committees generally present their reports to the House
or to the Speaker, as the case may be, from time to time
214
.
Where a matter is referred to a Committee by the House and the House has not
fixed any time for presentation of report by the Committee, the report is required to
be presented to the House within one month of the date on which the reference was
made to the Committee
215
.
Extention of time for presentation of report
If a Committee anticipates that it will not be possible for it to present its report
to the House by the stipulated date, the Committee authorises the Chairman or, in his
as a separate document as soon as possible after the relevant report or reports are presented to the
House. Prior to 1958-59, the practice was to compile the entire minutes relating to the sittings of
the Committee held during a year in convenient volumes and to present themto the House after
the presentation of all the relevant reports of the Committee.
210. Rule 7 of IR (RC).
211. Dir. 67(2).
212. Rule 277(2).
In the Blitz Case, 1961, the Committee of Privileges presented a preliminary report to the
House before its final report12R and I3R(CPR-2LS).
213. Rule 276.
Two special reports were presented to the Speaker by the Committee on the Conduct of a
Member (Mudgal Case, 1951).
Two special reports on the working of the various Cess Funds were presented to the House by
the Public Accounts Committee19R and 20R (PAC-2LS).
214. Dir. 68(1).
On account of the nature of their work, the General Purposes Committee, the House Committee
and the J oint Committee on Salaries and Allowances of Members do not make any formal reports
either to the House or to the Speaker. Other Standing Parliamentary Committees present their
reports generally to the House. In the case of the Committee of Privileges where a question of
privilege has been referred to the Committee by the Speaker under Rule 227, the report is
presented to the Speaker who may pass final orders thereon or direct that it be laid on the Table
See 1R-7R and 10R (CPR-2LS).
215. Rule 277(1).
absence, any other member of the Committee, to move a motion in the House for
extension of time for the presentation of the report
216
. The motion is then moved in
the House by the person so authorised and the date up to which extension of time is
sought is specified in the motion on a reasonable presumption that the House would
be in session on that date. If the House is not in session or is not likely to re-assemble
till after the expiry of the date fixed for the presentation of the report, the Chairman
of the Committee, on being so authorised by the Committee, moves the Speaker to
grant the required extension of time on behalf of the House
217
. Where the Speaker
grants an extension of time on behalf of the House, he informs the House of it as soon
as it re-assembles
218
. In the case of a J oint Committee of the Houses, if the Speaker
grants an extension of time on behalf of the House, a message is sent to the
Rajya Sabha informing that House about the extension granted by the Speaker
219
.
Preparation and circulation of draft report
The draft report is prepared by the Secretariat on the basis of the minutes of the
sittings of the Committee
220
, and consists of the substance of the deliberations of the
Committee together with their recommendations. In the case of a Select or J oint
Committee on a Bill, the draft report is prepared on the pattern laid down in a
direction issued by the Speaker on the subject
221
. Where a Committee has taken
evidence, the fact is specifically mentioned in the report of the Committee
222
. In the
case of a Select or J oint Committee on aBill, when any petitions, representations or
memoranda on the Bill are received by the Committee, the report states the number
of such documents, their particulars and the action taken by the Committee thereon
223
.
The draft report as prepared by the Secretariat is placed before the Chairman
of the Committee for approval
224
.
216. Rule 277(1). Proviso.
217. For instance, extension of time was granted by the Speaker on behalf of the House in the case
of J oint Committee on theCode of Civil Procedure (Amendment) Bill, 1955, and J oint Committee
on the Citizenship Bill, 1955.
218. See for example, L.S. Deb., 21-11-1955, c. 5.
219. See for example, L.S. Deb., 22-11-1955, cc. 181-82.
220. Dir. 68(2).
221. Dir. 84.
222. Dir. 70(1).
In the case of the Committee on Estimates and the Public Accounts Committee, the
names of the witnesses who give evidence before the Committee appear in the minutes of the
sittings of the Committee below the names of the members of the Committee.
In the case of a Select or J oint Committee on a Bill, whenever evidence of associations,
public bodies, individuals, etc., is taken by the Committee, the fact is mentioned in the report,
and an appendix attached thereto gives the names of the associations, etc. and the dates on
which they gave evidence before the Committee.
223. Dir. 83.
See, for example, reports of J oint Committees on the Banking Companies (Amendment) Bill,
1955, the Indian Electricity (Amendment) Bill, 1958, and the Arms Bill, 1958.
224. Dir. 68(2). In the case of the Select or J oint Committees on Bills, draft report is first sent to the
Draftsman and representatives of the Ministry attending the sittings of the Committee for factual
verification and returnsee this Chapter, under Select and J oint Committees on Bills.
After the draft report has been approved by the Chairman, cyclostyled or proof
copies thereof, together with any other documents connected therewith are, under the
directions of the Chairman, circulated to members of the Committee well in advance
of the date fixed for the consideration of the draft report by the Committee
225
.
Consideration and adoption of draft report by Committee
On the date fixed for the consideration
226
of the draft report by the Committee,
the Chairman reads out the draft report paragraph by paragraph, putting the question
to the Committee at the end of each paragraph, That the paragraph do stand part of
the report
227
. A member objecting to any part of the report as not being in conformity
with the decisions arrived at by the Committee may propose an amendment. The
amendment, if accepted by the Committee, is incorporated in the report
228
.
After the report is adopted by the Committee, it is signed by the Chairman on
behalf of the Committee. If the Chairman is absent or is not readily available, the
Committee may choose another member of the Committee to sign the report on their
behalf
229
. The Committee also fixes a date for the presentation of the report to the
House by the Chairman and, in his absence, by another member of the Committee.
Minutes/Notes of dissent
Reports of Parliamentary Committees are based on decisions arrived at by a
majority of members of the Committee present and voting
230
. Except in the case of
Select or Joint Committees on Bills
231
, and Departmentally related Standing Committees
225. Dir. 69(1). For procedure in regard to circulation of draft report on a Bill examined by a Committee,
see under Select or J oint Committees on Bills. The J oint Committee to enquire into Bofors
Contract, at their sitting held on 15 April 1988, decided that in view of the sensitive nature of
the subject under examination, the copies of the draft report need not be circulated to the members
in advance. Instead, the report might be studied by the members in the Committee Roomitself
and one sitting of the Committee might be devoted for the purpose. Accordingly, copies of draft
report were circulated to the members in the Committee Roomat the sitting of the Committee held
on 21 April 1988Min. (J C on Bofors Contract), 15-4-1988 and 21-4-1988.
226. In the case of the Business Advisory Committee or the Committee on Absence of Members from
the Sittings of the House, the reports of the Committee, after they are approved by the Chairman,
are presented to the House direct without being placed before the Committee.
Likewise, in the case of the Rules Committee, the reports of the Committee are, after approval
by the Speaker, who is the ex-officio Chairman of the Committee, laid on the Table in terms of
Rule 331.
227. Dir. 69(2).
228. Ibid.
229. Rule 277(3) and Dir. 71.
The reasons for this provision are that on occasions it may not be possible for all the members
of the Committee to be available to sign the report when it is finalised. Besides, issues in a
Committee are decided by a majority of votes of members present and voting and, as such, the
Chairman is the most appropriate person to authenticate the decisions arrived at by the Committee
and to report on their behalf.
230. Rule 261.
231. For details, regarding appending of the minutes of dissent to the report in the case of Select or
J oint Committees on Bills, see this Chapter, under Select or J oint Committees on Bills.
minutes/notes of dissent are not appended to the reports of the Committees
232
, the
reason being that the Committees, working as they do on behalf of the House, function
as one entity and their decisions are as far as possible unanimous, irrespective of
party affiliation of the members of the Committee. Where it is not possible to reach
unanimity in a Committee, the majority decision prevails. If a minute of dissent is
allowed, issues in a Committee are likely to be judged and decided upon on party
lines
233
. Further, this may harden the attitude of individual members and there may
be little incentive to compromise. The inclusion of majority and minority views in a
report of the Committee would not only detract from the value of their recommendations
but it would also weaken the impact of those recommendations on the executive
which is charged with their implementation. On the other hand, in the case of a Select
or J oint Committee on a Bill, the Bill referred to the Committee is again considered
by the House along with the report of the Committee. The House considers all the
views contained in the report and yet it is at liberty to arrive at its conclusions
independently of the recommendations of the Committee.
Making the Report available to Government before Presentation
to the House
Normally, no part of the report of a Committee can be divulged or shown to
anyone who is not a member of the Committee until the report has been presented to
the House or laid on the Table
234
. The Committee may, however, if it thinks fit, make
available to the Government for factual verification any completed part of their report
232. Dir. 68(3).
In the case of the Committee on the Conduct of a Member (Mudgal Case, 1951), some
members of the Committee, who were otherwise in agreement with the report of the Committee,
were permitted by the Committee to append to the report notes as distinguished fromthe minutes
of dissent, dealing with the general question of standard of conduct of a member of Parliament
Report of the Committee on the Conduct of a Member (Mudgal Case, 1951).
Similarly, the Committee of Privileges, in the Deshpande Case, 1952, permitted some of its
members to append to the report a note urging freedomfromarrest of members under the Preventive
Detention Act during sessions of the House and also declaring the District Magistrate, Delhi, to
be guilty of sending misleading information to the SpeakerReport of the Committee of Privileges
on the Deshpande Case, 1952.
In the case of the J oint Committee to enquire into Bofors Contract, when the Committee were
considering their draft report, a member desired to know whether he could append a note/minute
of dissent to the report. The Chairman observed that in view of the provisions of Dir. 68, no note
or minute of dissent could be appended to the report. The member then addressed a letter to the
Speaker, requesting that he might give direction to the Chairman to record and include the note
of dissent by himor by any other members, if any. The Speaker, thereupon, directed that the note
by the member might be appended to the report. The member was asked to give his note by
13.00 hours on 25 April 1988. The note in question was received in the Speakers office at
10.55 hours on 25 April 1988. The Committee considered the said note at their sitting held on
the same day and as per direction of the Speaker, decided to append the note received fromthe
member after adoption of the report of the Committee as Post Script. See Report of the J oint
Committee to enquire into Bofors Contract.
233. Contrary views of members in the case of Financial Committees are recorded in the minutes of
the Committees. See, for instance 86R (EC-2LS) on State Trading Corporation and 89R (EC-2LS)
on the Ministry of Rehabilitation.
234. Rule 275 and Dir. 55.
before presentation to the House
235
. While forwarding such reports to a Ministry/
Department, it is enjoined on them to treat the contents of the reports forwarding such
report as confidential/secret until they are finalised and presented to the House
236
.
Presentation of Report to the House or the Speaker
When the report of a Committee is to be presented to the House, an entry is
usually made in the List of Business for the relevant day. The report is presented to
the House by the Chairman of the Committee or, in his absence, by any other member
of the Committee who is so authorised by the Committee and while presenting the
report he confines himself to a brief statement of fact. There is no debate on the
statement or the report at this stage
237
. In the case of J oint Committees, a copy of the
report is also simultaneously laid on the Table of the Rajya Sabha by a member of
the Rajya Sabha on the Committee, so authorised by the Committee for the purpose.
If a Committee completes its report when the House is not in Session, it may
authorise its Chairman to present the report to the Speaker
238
. The Committee may,
in appropriate cases, make a specific request to the Speaker that he may direct that
matters of factual nature or patent errors be corrected in the report before it is printed,
published or circulated and later presented to the House
239
. A report of the Committee
which has been presented to the Speaker when the House is not in session is presented
to the House during the next session at the first convenient opportunity by the Chairman
or, in his absence, by another member of the Committee
240
who, while presenting the
report, confines himself to a brief statement to the effect that the report was presented
to the Speaker when the House was not in session, and where the Speaker had given
order for its printing, publication and circulation, that fact is also reported to the
House
241
.
235. Rule 278.
Advance copies of the reports of the Public Accounts Committee are not usually forwarded to
Government. There have been two exceptions when advance copies of 6R and 8R (PAC-1LS) were
forwarded to the Ministries concerned a day before their actual presentation to the House.
In the Committee on Estimates, advance copies of the draft report marked secret are sent to
the concerned Ministry or Department or Undertaking and also to the accredited Division of the
Ministry of Finance for verification of factual details.
Draft reports of the Committee on Estimates which concern more than one Ministry are
usually sent to the Ministry of Finance (Deptt. of Expenditure) which acts as a co-ordinating
agency.
236. Rule 278.
237. Rule 279(2).
238. Dir. 71A(1).
45R(EC-1LS) was adopted by the Estimates Committee on 22 December 1956. As the House
was not in session then and it was not likely to assemble again till March 1957, the report was
presented by the Chairman to the Speaker who ordered its publication and circulation to
membersBn. (II). 5-2-1957, para 567.
239. Dir. 71A(4).
240. Dir. 71A(5). 5R(CPR)(6LS) presented to the Speaker on 31 May 1979 was laid on the Table of
the Lok Sabha by the Secretary on 9 J uly 1979. See L.S. Deb., 9-7-1979, cc. 294-95. Also
Bn. (II), 4-7-1979, para 1485.
241. Dir. 71A(5).
If, after presentation of the report to the Speaker, the Lok Sabha is dissolved
before the report could be presented to the House, a copy of the report is laid on the
Table of the new House by the Secretary-General. While laying the report on the
Table, the Secretary-General makes a statement to the effect that the report of the
Committee was presented to the Speaker of the preceding Lok Sabha before its
dissolution. Where the Speaker had ordered that the report be printed, published and
circulated, that fact is also reported to the House by the Secretary-General
242
. In the
case of the Public Accounts and Public Undertakings Committees or a Joint Committee,
a copy of the report is also simultaneously laid on the Table of the Rajya Sabha.
Reports of Committees and the House
It is open to the House to discuss any of the reports presented to it but in
practice it is guided by conventions in regard to the reports of some Committees, and
by the Rules in respect of the other Committees. In relation to the action taken or not
taken by the House on them, the reports of Parliamentary Committees may be divided
into four broad categories:
reports which are not discussed; reports which
are always discussed; reports which are
discussed and adopted; and reports which may
or may not be disccused.
All these categories of reports are dealt below seriatim.
Reports which are not discussed by the House
By convention, the reports of the following Committees are not discussed:
Public Accounts Committee; Estimates Committee; Committee on Public
Undertakings; Committee on Subordinate Legislation; Committee on Govern-
ment Assurances; Committee on Petitions; Committee on Papers Laid on the
Table; Committee on the Welfare of Scheduled Castes and Scheduled Tribes.
Committee on Empowerment of Women and Departmentally Related Standing
Committees.
A discussion may be allowed to be raised in the House in respect of a report
of these Committees only if there is a serious disagreement between a Committee and
the Government on a specific issue. Such a situation has arisen only once since1947
243
.
Reports which are discussed by the House
The reports of Select or J oint Committees on Bills are not formally adopted but
they are always discussed when the Bills as reported by them are considered.
After the presentation of the final report of a Select or J oint Committee on a
Bill, the member in-charge moves that the Bill as reported by the Committee be taken
242. Dir. 71A(6).
243. The Fifty-fifth Report of the Public Accounts Committee, as it pertained to a specific issue, was
discussed in the Lok Sabha on 22 August 1966, on a motion for consideration of the report moved
by a private membersee this Chapter under Public Accounts Committee.
into consideration
244
. The debate on such a motion is confined to a consideration of
the report of the Committee and the matters referred to in that report or of any
alternative suggestions consistent with the principle of the Bill
245
.
Reports which are discussed and adopted by the House
Reports of the Business Advisory Committee and the Committee on Private
Members Bills and Resolutions fall under this category. In the case of these reports
246
,
motions are moved that the House agrees, or agrees with amendments, or disagrees
with them and the recommendations contained in them can be implemented only after
the reports are adopted by the House. Amendments may be moved to such a motion
that the reports may be referred back to the Committee without limitation or with
reference to any particular matter. The time allotted for discussion on such motions
is not more than half an hour.
Reports which may or may not be discussed by the House
Under this category fall the reports of the Committee of Privileges, Rules
Committee and the Committee on Absence of Members. Motions for consideration of
these reports are moved only in certain cases
247
. As regards the ad hoc Committees
which present their reports to the Speaker or the House, it is open to the House to
discuss them or not
248
. The reports of Committees which are presented to the Speaker
can be discussed only if the Speaker has caused such reports to be laid on the Table.
Disagreement between a
Committee and the Government
The recommendations of a Parliamentary Committee are normally accepted and
implemented by the Government. If in regard to any recommendation the Government
hold a view different from that of the Committee, the Government have to apprise the
Committee of the reasons that might have weighed with them in not accepting or
implementing the recommendation. The matter is considered by the Committee and
a further report, if deemed necessary, may be presented to the House.
In the case of the Fourth Report of the Public Accounts Committee,
1952-53, the Government deviated from this procedure and laid a statement
on the Table on 11 August 1953, without placing the views before the
Committee in the first instance. The Committee sought the Speakers guidance
in the matter, who directed that a circular should be sent to all the Ministries
laying down that in those cases where Government were not in a position to
implement a recommendation made by a Committee and the Government
had reasons to disagree with the recommendation of the Committee, the
244. Rule 77.
245. Rule 78see also H.P. Deb. (II), 25-7-1952, c. 4573.
246. Rules 290 and 295.
247. For details, see this Chapter, under the respective Committee.
248. Report of the J oint Committee to enquire into Bofors Contract, which was presented to the House
on 26 April 1988, was discussed by the House on a motion under Rule 193L.S. Deb., 4-5-1988,
cc. 505-625 and 628-74; 5-5-1988, cc. 346-421.
Ministry concerned should, in consonance with the well-established procedure,
place its views before the Committee who may, if it thinks fit, present a
further report to the House after considering the views of the Government in
the matter.
Where a difference of opinion between the Committee and the Government
remains unresolved, the case is referred to the Speaker for guidance.
Printing and Publication of Reports
The report of a Committee, together with the connected documents, if any, is
printed either before or after its presentation to the House or the Speaker as may be
convenient
249
. Normally, the report of a Committee is printed before it is presented
to the House. Where, however, time is too short to get a report printed, the report may
be presented to the House in cyclostyled or typed form
250
. The report is printed as
soon as possible thereafter. Until a report is presented to the House, it is treated as
confidential
251
. It becomes a public document only after its presentation to the House
252
.
The report of a Select or J oint Committee on a Bill, including notes or minutes
of dissent, if any, and the Bill as reported by the Committee, are also published in the
Gazette after presentation to the House for information of the public
253
. Where the
report of a Committee has been presented to the Speaker when the House is not in
session, the Speaker may, when so requested, order the printing, publication or
circulation of the report
254
. Where a report is so published or circulated under orders
of the Speaker, that fact is notified in the Bulletin for information of members
255
.
Circulation of Reports
As soon as possible after the presentation of the report to the House, copies
thereof are circulated to members of the Lok Sabha, Ministries/Departments of the
Government of India and such other persons or authorities as may be determined from
time to time
256
. Copies of the report are also supplied to press correspondents
immediately after the presentation of the report to the House and made available to
the public at the Sales Counter of the Secretariat and through other authorised selling
agencies all over the country.
In the case of a Select or J oint Committee on a Bill, copies of the report along
with the printed copies of the Bill as reported by the Committee and copies of reports
249. Dir. 72(1).
250. In the case of Select or J oint Committees on Bills, the general practice is to present the report of
the Committee to the House in cyclostyled or typed formtogether with the Bill as reported by the
Committee and to print the report as soon as possible after its presentation to the House.
251. Dir. 72(2).
252. Rule 369(2).
253. Rule 305.
254. Rule 280 and Dir. 71A(2).
255. Dir. 71A(3). See Bn. (II), 5-2-1957, para 567.
256. Rule 305 and Dir. 72(3).
of other J oint Committees are also sent to the Rajya Sabha Secretariat for circulation
to members of the Rajya Sabha.
If the report of a Committee has been presented to the House in cyclostyled or
typed form, a few copies of the report are placed in the Library immediately after the
presentation of the report to the House for reference by members. Printed copies of
such a report are circulated to members and others concerned as and when they are
available. In the case of a report which is presented to the Speaker when the House
is not in session and which has been printed and circulated under orders of the
Speaker prior to its presentation to the House, the report is released to the press only
after a week from the date of despatch of copies to members
257
.
Effect of Prorogation on Business
Pending before Committees
Any business pending before a Committee does not lapse by reason only of the
prorogation of the House and the Committee continues to function notwithstanding
such prorogation
258
. Even in the old Central Legislature, although there was no specific
provision to that effect in the Standing Orders, in actual practice every pending
business before the Committees survived prorogation of the Assembly. Bills pending
in Parliament do not lapse consequent on prorogation of the Houses
259
. On a point
raised in the House, it was held by the Speaker that Bills pending in Parliament,
including those in the Committee stage, could be examined, considered and reported
upon by the Committee even when the House itself was not sitting or when it had
been prorogued
260
.
In 1956, a question arose whether a Parliamentary Committee, not connected
with the consideration of a Bill, could function during the intersession period,
notwithstanding the fact that the parent body, viz, the Lok Sabha itself had been
prorogued. The Attorney-General, to whom the matter was referred for opinion,
expressed the following view:
Committees not connected with Bills can function during the inter-session period if the
Rules of Procedure so provide. There would seemto be nothing incongruous in the Committees
functioning when, the parent body is unable to function. The parent body would by its
procedural rules authorise the Committees to function so that the power and the authority of
the Committees to function will be derived fromthe parent body.
261
257. Dir. 73.
67R and 68R (EC-1LS) were presented to the Speaker on 29 March 1957, by which time the
Lok Sabha had adjourned sine die. These reports were printed and circulated to members of the
Lok Sabha with the approval of the Speaker under Rule 280. The reports were released to the press
one week after their circulation to members.
The intention behind the practice is that a report should be made available to others only after
the members have received their copies.
258. Rule 284.
259. Art. 107(3).
260. L.S. Deb., 26-7-1956, cc. 978-86.
261. 8R (RC-1LS), pp. 20-21.
The Rules Committee (First Lok Sabha) concurred with the above opinion and
with a view to putting the matter beyond any doubt and also confirming the established
practicewhich had been in existence since the inception of the oldCentral Legislative
Assemblyrecommended
262
a new rule which specifically provided that any business
pending before a Committee did not lapse by reason only of the prorogation of the
House and that the Committee continued to function despite such prorogation
263
.
The drastic consequences commonly associated with the prorogation
in the United Kingdom have attended in India not on prorogation but only
upon dissolution of the Lok Sabha. In the United Kingdom, the effect of
prorogation and dissolution of Parliament on pending business is practically
the same. In India, right from the beginning of the old Central Legislature,
a distinction has been made between prorogation and dissolution in so far as
their effect upon pending business is concerned. Prorogation has always
been understood as not constituting an interruption in continuity of the life
of the House and its Committees whereas dissolution has been taken as
marking the end of the House and the Committees thereof.
Unfinished work of Committees
When a Committee is unable to complete its work before the expiration of its
term or before the dissolution of the Lok Sabha, it reports that fact to the House
264
.
In such cases, any preliminary report, memorandum or note that may have been
prepared by the Committee or any evidence that may have been taken by it is made
available to the succeeding Committee
265
. The work of the Committee on Estimates,
being of a continuous nature, the general practice has been that the work left unfinished
at the end of the term of a Committee is taken up for examination by the succeeding
Committee from the stage where it was left
266
. Likewise, scrutiny of replies or
statements of action taken by the Ministries or Departments of the Government of
India on the reports of the Committees is also of a continuous nature. Any unfinished
part of such scrutiny consequent on the expiry of the term of a Committee or on the
dissolution of the Lok Sabha is taken up by the succeeding Committee from the stage
where it was left by the previous Committee
267
. Similarly, all assurances, promises,
undertakings which remain unimplemented at the expiry of the term of the Committee
on Government Assurances are pursued by the succeeding Committee which report
upon their implementation to the House. In respect of the assurances, promises or
undertakings which remain unimplemented at the time of the dissolution of the
262. Ibid.
263. Rule 284 (now Rule 319A).
264. Rule 285.
265. Ibid.
266. For example, see 6R, 7R and 10R (EC-1LS) and 33R (EC-2LS).
267. See, for example, 149R (EC-2LS) re. action taken by Government on the recommendations
contained in 86R (EC-2LS); 1R (EC-3LS) re. action taken by Government on the recommendation
contained in 81R (EC-2LS); 42R (PAC-2LS) showed inter alia action taken on recommendations
contained in 18R; and 25R (PAC-2LS) 7R (PAC-2LS) showed inter alia action taken on
recommendations contained in 16R and 23R (PAC-1LS).
Lok Sabha, the general practice followed by the Committee on Government Assurances
is to select such of the assurances, etc. as are of a substantial character and of
considerable public importance and to incorporate them in their report to the House
with a specific recommendation to the effect that those assurances, promises and
undertakings might be implemented by the Government
268
. The implementation of
such assurances, etc. is then watched by the succeeding Committee of the new House.
Having described broadly the salient features of Parliamentary Committees in
general, the rest of this chapter briefly deals with the composition, functions and
working of each Committee of the Lok Sabha and of the twenty-four Departmentally
Related Standing Committees.
B. INDIVIDUAL COMMITTEES
Business Advisory Committee
The Business Advisory Committee consists of the Speaker and not more than
fourteen other members nominated by him
269
. The Speaker is the ex officio Chairman
of the Committee.
The Committee is nominated at the commencement of a new House after a
General Election and thereafter, from time to time. No specific term of its office is
laid down in the Rules but like all other Parliamentary Committees, it holds office
until a new Committee is nominated
270
. In practice, however, a new Committee assumes
office on the first day of J une every year
271
. Casual vacancies are filled by nomination
of new members for the unexpired term of the Committee.
The need to have a Committee of the House entrusted with the task of allocating
time to various Government legislative and other business was greatly felt by Speaker
Mavalankar. In his letter of 28 March 1951 to the Leader of the House, he observed
that in the absence of any procedure regarding allocation of time in respect of various
items of business, excepting financial matters, the Speaker was always placed in a
delicate position in regard to curtailment of debate and, in particular, in accepting a
closure motion, if moved. He did not approve of the British procedure
272
of an
allocation of time motion as it might prove to be cumbrous and much time might
be spent over the motion itself. The Speaker said that he would prefer to entrust the
duties connected with allocation of time to a steering Committee of the House. The
Leader of the House agreed to the suggestion, and rules were accordingly framed to
set up the Committee
273
.
268. See, for example, 4R (CGA-1LS) and 2R (CGA-2LS).
269. Rule 287.
270. Rule 256.
271. The Committee nominated on any date in the year of commencement of a new House holds office
till the last day of May next year.
272. When parliamentary time is not sufficient to get through legislation, the procedure in England is
that an allocation of time motion in regard to a number of Bills specified in the motion is placed
before the House for discussion and after it has been adopted by the House, the Speaker is
empowered to put the necessary questions to dispose of each Bill within the allotted time.
273. Min. (RC), 15-5-1951.
In view of the limited membership of the Committee and a large number of
Opposition Groups in the House, it is not possible for the Speaker to nominate
members from each and every Group. In order to make it as broad-based as possible
so that its recommendations could be acceptable to all sections of the House, certain
prominent unattached members and members from some of the Groups in the
Opposition which do not find representation on the Committee, are chosen by the
Speaker and invited to attend its sittings. The Deputy Speaker, if not nominated on
the Committee, may be invited to attend its sittings as a special invitee under specific
orders of the Speaker. The members so invited take part in the deliberations of the
Committee without the right to vote, and they are also not counted for the purpose
of quorum. A member of the Committee, on appointment as Minister, normally resigns
from the Committee although there is no bar to his continuance as member of the
Committee. The Minister of Parliamentary Affairs is always nominated to the Committee
as it is only through him that the views of the Leader of the House on a particular
subject are known to the Committee.
Functions
The function of the Committee is to recommend time for the discussion of
various stages of Government Bills and other business
274
which the Speaker, in
consultation with the Leader of the House, may direct to be referred to the
Committee
275
. However, in practice, the Committee also recommends allocation of
time for discussion of financial business namely, general discussion on the Budget,
Demands for Grants in respect of various Ministries, Finance Bill and discussion on
the Motion of Thanks on the Address by the President, though the power to allot time
to such items is vested in the Speaker in consultation with the Leader of the House.
In appropriate cases, the Committee may recommend that a Bill should be referred
to a Select or J oint Committee instead of being taken up into consideration and
passed straightaway
276.
The Committee also selects for discussion No-Day-Yet-Named Motions and
Short Duration Discussions given notice of by private members and admitted by the
Speaker. Besides, all proposals for late sittings of the House, dispensing with the
question hour or lunch hour, extension of sittings of the House beyond normal hours
of adjournment and fixing of additional sittings/cancellation of sittings are also generally
placed before the Committee for its recommendation.
The priority in respect of Government business is determined by the
Government
277
. In certain cases, the Committee has, however, recommended priority
to individual items of business
278
or suggested the hour and date on which an item
274. The termother business has been defined to mean business other than private members Bills
and Resolutions L.S. Ntfn. No. 783-C1/58, Gaz-Ex. (1-1), 7-5-1958.
Allocation of time to private members Bills and Resolutions is considered by the Committee on
Private Members Bills and Resolutions.
275. Rule 288.
276. 19R and 20R (BAC-4LS).
277. L.S. Deb., 28-11-1955. c. 661: 29-8-1962, c. 4788.
278. 26R (BAC-1LS); 7R (BAC-2LS).
of business be taken up
279
or recommended postponement of certain items of business
if sufficient time was not available during the session for disposal of business placed
before the Committee for allocation of time.
The Committee has at times suo motu recommended to the Government to
bring forward a particular subject for discussion in the House and also recommended
allocation of time for such discussion
280
.
At times, the Committee may even recommend that any item of business may
be disposed of by the House without discussion
281
. The Committee may also re-
examine the allocation of time already approved by the House in respect of a Bill in
the light of subsequent developments and recommend that the time be increased
282
or
reduced
283
.
The Committee may also reconsider
284
the time allotted for discussion and
voting on Demands for Grants (General) to various Ministries and Departments to
accommodate the views expressed by members on the floor of the House.
Where the subject matter of two or more items of business so warrants, the
Committee recommends combined discussion of those items in the House
285
.
On occasions, the Committee has considered certain procedural matters
286
or
certain special matters which do not lie within the scope of its normal duties
287
.
279. 47R (BAC-1LS); 5R, 6R, 9R (BAC-2LS); 6R (BAC-10LS); 5R (BAC-11LS).
280. It was at the initiative of the Committee that discussions were held on certain subjects of current
and topical interest, e.g. Peaceful Uses of Atomic Energy; Economic Policy of the Government;
Agrarian Policy of the Government; Press Commission Report and GATT.-22R (BAC-1LS);
New Education Po!icy-23R (BAC-8LS); Environment-27R (BAC-8LS); Revival of Sati-42R
(BAC-8LS); Price-rise-44R (BAC-8LS); Population growth-54R (BAC-8LS); National Cultural
Policy-An Approach Paper-35R (BAC-10LS); National Housing Policy-43R (BAC-10LS); Global
Warming-37R(BAC-14LS); Indo-US Nuclear Deal-43R (BAC-14LS).
281. Bn. (II), 21-12-1967, para 430 and L.S. Deb., 23-12-1967, cc. 9698-9706, 47R (BAC-8LS); 54R
(BAC-8LS); 26R (10LS); 13R (11LS).
282. 30R (BAC-1LS); 9R (BAC-3LS); 14R (BAC-9LS); 18R (BAC-9LS); and 17R (BAC-10LS).
283. 45R (BAC-1LS); 9R (BAC-9LS).
284. 52R (BAC-8LS); 9R (BAC-9LS).
285. For example, the Committee has recommended joint discussion on two or more Bills [29R
(BAC-1LS); 1R, 42R, 60R (BAC-2LS); 32R (BAC-8LS); 5R (BAC-8LS); 64R (BAC-8LS); 16R
(BAC-9LS); 10R (BAC-10LS); 32R (BAC-14LS) on a statutory resolution and a Bill [26R, 35R
(BAC- 2LS); 48R (BAC-8LS); 65R (BAC-8LS); 13R (BAC-9LS); 34R (BAC-10LS); UR
(BAC-11LS)] on two motions [27R, 29R, 39R, 41R, 44R (BAC-2LS); 23R (BAC-8LS)] on
Demands for Excess Grants (General) and (Railways), [32R (BAC-2LS), 49R (BAC-8LS)], and
on a motion and a short duration discussion (BAC-2LS).
286. For instance, the Committee has recommended procedure for
Regulating discussion in the House on Cut Motions, publication of Minutes of Dissent to the
Reports of the Select Committees, disposal of amendments to the Estate Duty BillBn. (II),
17-4-1953, p. 603.
287. On 3 September 1965, in view of Pakistans aggression, the Committee suggested that the Ministry
of Defence should make available to members every day a news bulletin giving latest position
other than what appeared in the newspapers of the day on the situation in J ammu and Kashmir.
This was done by the Ministry and copies of these bulletins were kept in the Parliamentary Notice
Office for information of members.
Method of Working
A few days before the commencement of each session, the Leader of the House
furnishes through the Minister of Parliamentary Affairs a programme of Government
legislative and other business to be placed before the Committee for which allocation
of time is to be made. On receipt of the proposals of the Government and subsequently
in respect of other items of Government business announced in the House from time
to time by the Minister of Parliamentary Affairs for which allocation of time has not
been made, the Speaker fixes the date and time for sitting of the Committee and a
notice of the sitting is accordingly issued to all members and special invitees.
Where in respect of an item of business the presence of the Minister concerned
is felt necessary, he is also invited to attend the sitting
288
.
If at any sitting the requisite quorum is not made, the Speaker may informally
take the opinion of the members present as to the allocation of time to the various
items of business listed in the notice, and in such a case the Committee does not
present any report to the House but the Speaker informs the House of the consensus
of the members present at that sitting and allots time to various items after taking the
sense of the House
289
.
Formally the Committee does not recommend allocation of time to Bills, copies
of which have not been circulated to members. In certain cases, copies of a Bill may
be made available to members of the Committee but they are required to keep its
contents confidential till its introduction
290
.
Like other Parliamentary Committees, the Committee may work through its
Sub-Committees when a matter is required to be considered in detail.
From 1962 till the end of the Fourth Lok Sabha, the Speaker used to appoint
a Sub-Committee of the Business Advisory Committee to examine the No-Day-Yet-
Named Motions. The function of the Sub-Committee was to select and recommend
to the Government as to which of the admitted motions tabled by the private members
might be put down for discussion in the House. Since 1971, however, the practice has
been discontinued and these motions are now examined by the main Committee itself.
On certain occasions, ad hoc Sub-Committees have also been appointedfor
example, to prepare a detailed time-table for consideration of clauses of a Bill, to
suggest allocation of time to various Bills and other business to be taken up during
the session after coming to a decision as regards the importance, etc. of various Bills,
288. For instance, on 6 August 1962, the Minister and Deputy Minister of Railways also attended the
sitting of the Committee when the question of providing a discussion on the railway accidents was
considered by it.
289. L.S. Deb., 4-3-1961, cc. 2936-37.
290. However, in an exceptional case, allocation of time may be recommended before copies of the Bill
are circulated. For instance, on 19 November 1962, the Committee recommended allocation of
time to the Delhi Motor Vehicles Taxation Bill and the Manipur Sales of Motor Spirits and
Lubricants Taxation Bill, copies of which had not been circulated to membersTime is also
allotted to a Bill, which is under consideration of the other House (Rajya Sabha) and is likely to
be taken up in Lok Sabha, 43R(BAC-14LS), 44R(BAC-14LS), 49R(BAC-14LS).
to suggest allocation of time to supplementary or excess Demands for Grants, to
suggest allocation of time for discussion of Five Year Plan, and to formulate points
on which debate should take place in respect of a subject put down for discussion
(such as Economic Policy of Government).
The report of a Sub-Committee is normally considered by the whole Committee
or as an alternative it is circulated to members of the whole Committee and their
views are invited by a specified hour and date. If no comments are received within
that time, the report is taken as approved by the whole Committee. After approval of
the Speaker, either the report is presented to the House
291
or the recommendations of
the Committee are published in the Bulletin
292
. In some cases, the report of the Sub-
Committee has been submitted direct to the Speaker and, on approval by him, published
in the Bulletin
293
. Where considered appropriate, the Speaker may make an announce-
ment in the House on the recommendations of the Sub-Committee
294
or direct that the
recommendations be forwarded to the concerned Minister for necessary action
295
.
Report and Minutes
The report of the Committee, after it is approved by the Speaker or the member
who presided at the sitting of the Committee, is presented to the House without being
placed before the Committee.
When the Speaker presides over a sitting, the report is signed by him
296
but is
presented to the House normally by the Minister of Parliamentary Affairs if he is a
member of the Committee and has attended that particular sitting or by some other
member of the Committee who actually attended the sitting at which the decisions
were arrived at
297
.
In the absence of the Speaker from a particular sitting, the Deputy Speaker
presides over the sitting and the report is signed by himfor Chairman if he is a
member of the Committee. In case the Deputy Speaker is not a member of the
Committee, he may preside over the sitting but the report is signed
298
for Chairman
291. 35R (BAC-1LS) and L.S. Deb. 11-5-1956, cc. 7986-93.
292. Bn. (II), 19-9-1955, paras 2455 and 2456; 1-3-1956, para 2899.
293. Recommendations made by the Sub-Committee on 21 November 1960 for distribution of time to
various clauses of the Companies (Amendment) Bill were approved by the Speaker himself and
published in the Bulletin without their being placed before the whole Committee.
294. Bn. (II), 2-9-1953, para 800.
295. A copy of the report of the Sub-Committee, appointed by the Committee on 12 September 1955,
to examine the details of expenditure to be given in the Books of Supplementary Demands for
Grants, was sent to the Minister of Finance for necessary action.
296. He signs the report as Chairman of the Committee. Till February 1963, he used to sign as the
Speaker. The change was effected on the suggestion of a member when the motion for adoption
of a report was moved in the House on 20 February 1963.
297. 28R (BAC-4LS) presented on 18 February 1969, by a member of the Committee as after reshuffle
of portfolios of Ministers, the new Minister of Parliamentary Affairs was not a member of the
Committee. The new Minister, however, moved the motion for adoption of the report of
19 February 1969 as under the rules the motion can be moved by any memberL.S. Deb.,
19-2-1969, c. 196.
298. 5R (BAC-8LS); 16R (BAC-8LS); 34R (BAC-8LS); 39R (BAC-8LS); and 47R (BAC-8LS).
by the Minister of Parliamentary Affairs or some other member of the Committee who
attended the sitting
299
.
When the office of the Speaker falls vacant due to resignation, death or otherwise,
the duties of the office of the Speaker are performed by the Deputy Speaker under
article 95(1) of the Constitution till the election of the new Speaker. In such an event,
the Deputy Speaker, if not a member of the Business Advisory Committee, may
preside over the sitting of the Committee and sign
300
the report as Chairman
(Ex-Officio).
The report is usually presented on the same day on which the sitting of the
Committee is held. An entry regarding presentation of the report is made in the
List of Business only when the report is to be presented on the following day.
After a report of the Committee has been presented to the House, a motion that
the House do agree with the report of the Committee is entered
301
in List of Business
on the following day in the names of two members of the Committee
302
. If the report
deals with the matters other than the allocation of time to Government Business, the
motion for adoption of the report may be included in the List of Business in the name
of the Deputy Speaker, if he is a member of the Committee
303
.
Where it is not found possible to present a report on the same day on which the
Committee held its sitting but its adoption is considered necessary by the House
before the business in respect of which allocation of time recommended in the report
is taken up, copies of the report are circulated to members in advance of its presentation
to the House and the report is presented to the House on the following day and
immediately thereafter the motion for adoption of the report is moved
304
. Where the
circumstances so warrant, the report of the Committee may be presented and adopted
on the same day on which a sitting of the Committee is held. In such a case the
member, while presenting the report, reads out the text to the House and copies of the
report are circulated to members after its adoption
305
.
Where there is no time to convene a sitting of the Committee to consider
allocation of time to Government business, the Speaker may take the sense of the
House and allot time when the item listed in the agenda is reached
306
.
299. 47R(BAC-14-LS) was signed by Deputy Speaker who presided over the BAC Meeting even
though he was a special invitee and not a member of the BAC.
300. 3R (BAC-6LS).
301. Rule 290.
302. Generally, it is put down in the name of the Minister of Parliamentary Affairs and the Minister
of State for Parliamentary Affairs, who are usually members of the Committee. The Minister of
Parliamentary Affairs, Bhisma Narain Singh, being a member of Rajya Sabha, was invited to the
sittings of the Committee as a special invitee. However, reports of the Committee were presented
by him in the House.
303. L.S. Deb., 11-5-1956, c. 7986.
304. The Third Report (BAC-2LS) was circulated to members on 15 J uly 1957, the day on which the
sitting of the Committee was held. The report was presented to and adopted by the House on
16 J uly 1957L.S. Deb., 16-7-1957, cc. 3662-63.
305. L.S. Deb., 3-8-1957, cc. 6863-65.
306. Ibid., 5-8-1986, cc. 251-53.
In an urgent case, the recommendations of the Committee may be announced
in the House by the Speaker and the sense of the House taken in regard thereto
307
.
The motion that the House do agree with the report of the Committee is normally
adopted by the House unanimously. It is, however, open to members to suggest
variation in the time recommended in respect of the various items of business or to
suggest modifications to any other recommendation of the Committee by tabling
suitable amendments
308
to the motion. An amendment can also be moved that the
report be referred back to the Committee either without limitation or with reference
to a particular matter
309
, or the House may otherwise agree to refer it back
310
.
In accordance with an established convention, amendments are generally not
moved to the motion although in rare cases amendments thereto have been moved and
pressed to the vote of the House
311
.
Not more than half an hour is allotted for the discussion on the motion and no
member can speak for more than five minutes on such a motion
312
.
After the report is agreed to by the House, the allocation of time in respect of
Bills and other business as approved by the House takes effect as if it were an order
of the House and is notified in the Bulletin
313
. Allocation of time is, however, not
published in the Bulletin regarding those items of business which have already been
disposed of by the House
314
. If a member, after the allocation of time has been
published in the Bulletin, makes the representation for increasing the time allotted to
a particular item of the business or tables a motion to that effect before that item is
taken up in the House, the matter may be placed before the Committee for
reconsideration.
At the appointed hour, in accordance with the allocation of time order for
completion of a particular stage of a Bill or other business, the Speaker has the power
to put forthwith every question necessary to dispose of all the outstanding matters in
307. Ibid., 26-3-1957Thereafter, the allocation of time order was published in the Bn. (II),
26-3-1957, para 4111.
308. On 4 May 1973 when a member gave notice of a substitute motion to the motion regarding
adoption of 29 Report (BAC-5LS) seeking to include three Short Duration Discussions in the
Report for being taken up during the next week, the notice was disallowed by the Speaker and
the member informed. When the member sought to raise the matter in the House, the Speaker
ruled that amendment could be moved to change allocation of time recommended by Committee
but new items of business could not be added by amendments, and that suggestions for adding
new items could be made when the Minister of Parliamentary Affairs made statement regarding
business for the following weeksee also L.S. Deb., 17-12-1981, cc. 319-23.
309. Rule 290, First ProvisoL.S. Deb., 3-11-1966, cc. 870-71.
310. L.S. Deb., 4-12-1967, cc. 4504-09; 24-7-1968, c. 1125.
311. Ibid., 24-7-1956, cc. 1688-99; 22-11-1960, cc. 1594-97; 3-11-1966, cc. 843-73.
312. Rule 290, Second Proviso; L.S. Deb., 24-4-1963, c. 11087.
313. Rule 290A.
314. 26R (BAC-8LS); L.S. Deb., 8-8-1986, cc. 281-82 and 47R (BAC-8LS); 36R (BAC-10LS);
37R (BAC-10LS); 43R (BAC-10LS); 3R (BAC-11LS); 46R(BAC-14LS); 47R(BAC-14LS);
48R(BAC-14LS).
connection with that stage of the Bill or other business
315
. This power is, however,
sparingly exercised by the Speaker.
No variation in the allocation of time order is made except on a motion made
with the consent of the Speaker and accepted by the House
316
. Where the House,
while adopting the report, keeps open the question of allotment of time in respect of
a particular Bill, the time in respect of that Bill is varied as the House may decide.
The Speaker is, however, authorised, after taking the sense of the House, to
increase the time, not exceeding one hour, without any motion being moved
317
. The
time may also be extended by the Speaker by more than one hour without any motion
being moved if Government have no objection to the extension of time
318
or the
House agrees to sit late beyond its normal hours of sitting
319
.
The minutes of the Committee are treated as confidential and are neither laid
on the Table nor circulated to members of the Committee unlike the practice followed
in the case of other Parliamentary Committees
320
. Where a matter on which action is
to be taken by the Government finds a place only in the minutes and not in the report
presented to the House, relevant extracts from the minutes are forwarded to the
Minister concerned
321
. Copy of the minutes is also sent to the Minister of Parliamentary
Affairs.
Committee on Private Members Bills and Resolutions
In order to examine Bills seeking to amend the Constitution of India before
their introduction in the House, to categorise all Bills introduced by private members
and to recommend time for discussion of such Bills or resolutions tabled by private
members, there is a Committee on Private Members Bills and Resolutions. For the
purpose of determining the urgency and importance of these Bills and before reporting
their findings to the House, the members in-charge of the Bills are asked in writing
315. Rule 291.
Time allotted for the discussion of an itemof business includes the time taken by all incidental
discussions, points of order, etc.L.S. Deb., 24-8-1955, cc. 11049-50; 20-7-1956, c. 437.
316. Rule 292.
317. Rule 292, Proviso.
The discretion to increase the time is not exercised by the Speaker in the case of items of business
for which a maximumtime-limit is prescribed in the Rules, e.g., short duration discussion under
Rule 193, half-an-hour discussion under Rule 55, etc. In such cases, a formal motion for suspension
of the specific provision regarding time-limit in the relevant Rule has to be moved and agreed to
by the House (L.S. Deb., 20-11-1958, cc. 857-58) unless the Government are willing to extend
the time beyond the maximumtime-limit. L.S. Deb., 21-8-1959, c. 3564; 22-8-1959, c. 3847;
26-8.1969.
318. L.S. Deb., 4-4-1960, cc. 9577-78; 12-11-1962, c. 916; 22-11-1962, c. 3070; and 26-11-1962,
c. 3375.
319. Ibid., 22-3-1960, cc. 7249-50; 20-8-1962, c. 2976; 10-11-1962, cc. 815-17; 2-9-1966, c. 8848;
and 8-12-1969, cc. 226-27.
320. Until April 1961, the practice was to circulate the minutes of each sitting to members of the
Committee and the invitees.
321. Dir. 66(3).
to send their views, if any, regarding classification of their Bills for the consideration
of the Committee, and where considered necessary, the representatives of the Ministries
concerned are invited to the sittings of the Committee to present their views on the
provisions of the Bill in question. The Committee is thus in a better position to assess
the relative importance of various Bills and recommend the time that should be
allotted for them.
The Committee consists of not more than fifteen members nominated by the
Speaker
322
. In view of the importance of the Committee, the Deputy Speaker is
invariably included as a member thereof and as far as possible every section of
opinion in the House is represented therein.
On 13 March 1953, a suggestion was made in the Lok Sabha that a
standing Committee on Private Members Bills might be constituted to
examine all Bills tabled by private members and to categorise them according
to their relative importance
323
. In pursuance of the recommendations of the
Rules Committee as adopted by the House, the Committee on Private
Members Bills was constituted for the first time on 1 December 1953, with
an initial membership of 10. On 13 May 1954, the membership was increased
from 10 to 15 and the functions were enlarged so as to cover private members
resolutions also within its ambit
324
. The Committee was accordingly designated
as the Committee on Private Members Bills and Resolutions
325
.
The term of the Committee is one year, usually beginning on 1 J une of every
year and ending on 31 May of the following year.
Functions
The functions of the Committee are: to examine and classify all private members
Bills according to their nature, urgency and importance after they have been introduced
and before they are taken up for consideration in the House; to recommend allotment
of time to private members Bills and resolutions; to examine private members Bills
seeking to amend the Constitution before their introduction in the House; to examine
a private members Bill which is opposed in the House on the ground that the Bill
initiates legislation outside the legislative competence of the House; and to perform
such other functions in respect of private members Bills and Resolutions as may be
assigned to it by the Speaker from time to time
326
. A brief description of some of the
major functions of the Committee is given in the following paragraphs.
Categorisation of Bills
Prior to December 1953, i.e., before the appointment of the Committee, private
members Bills after introduction were put down for consideration and passing strictly
in accordance with the order of priority gained by them at the ballot held for the
322. Rule 293.
323. P. Deb., (II), 13-3-1953, cc. 2030-33.
324. Rule 294(1)(e); Min. (RC), 11-12-1953, p. 27.
325. Min. (RC), 22-12-1953.
326. Rule 294.
purpose. In this process, a comparatively less important Bill which gained priority at
the ballot sometimes occupied all the private members time blocking the more
important Bills. In order to prevent such contingencies, it was considered necessary
that one of the functions of the Committee should be to examine all Bills at the initial
stage and to categorise them on certain principles.
The Bills are classified according to their nature, urgency and importance into
two categories, namely, Category A and Category B
327
.
At their sitting held on 6 March 1954, the Committee laid down the following
principles which are taken into consideration while classifying private members Bills
328
:
that in the light of public opinion there is a general necessity and
demand for the measure proposed;
that the Bill seeks to provide for a lacuna or to remedy a defect in an
existing legislation;
that it is not opposed to the Directive Principles of State Policy as
defined in the Constitution or to the secular nature of the State, or to public
policy and opinion;
that there is already a Bill in the legislative programme due for
consideration by the House;
that there is a possibility of a comprehensive measure being introduced
by Government at a later date; and
that the Bill proposed is of such importance and urgency that irrespective
of a more comprehensive Bill being introduced later, its consideration earlier
will at least bring about a statement of Government policy or help in settling
an important issue.
The general principles followed in categorising a Bill under category A are its
public importance and urgency. Those categorised as B contain a lesser element of
urgency or importance.
A Bill placed in category B may be re-categorised in any subsequent session
if the Committee, on an application made by the member incharge of the Bill, is
satisfied that its upgrading has now become necessary
329
.
327. Rule 294(l)(b).
328. 8R (CPB-1LS).
329. 40R (CPB-1LS); L.S. Deb., 2-12-1965, c. 1092.
Instances of Bills which on reconsideration were reclassified fromcategory B to category A:
(i) The Fixation and Regulation of Wages of Hard Coke Oven and Ceramic Industries Employees
Bill, 1985 [11R(CPB-8LS)].
(ii) The Public and Private Schools (Abolition) Bill, 1985 [40R(CPB-SLS)].
(iii) The Motor Vehicles (Amendment) Bill, 1986 (Amendment of section 2, etc.)
[26R(CPB-8LS)].
(iv) The Constitution (Amendment) Bill, 1991 (Amendment of article 58, etc.) by Shri (Pandit)
Vishwanatli Sharma [11R(CPB-10LS)].
(v) The High Court at Bombay (Establishment of a Permanent Bench at Colliapur) Bill, 1993
by Shri Udaysingrao Gaikwad [26R(CPB-10LS)].
The question of re-categorisation of a Bill may be referred back to the Committee
for reconsideration by moving an amendment to the motion for adoption of the
relevant Report of the Committee
330
. Once the Committee has considered and rejected
the request for re-categorisation and the relevant report is adopted by the House,
subsequent request from the member during the session for re-categorisation of the
Bill is not entertained by the Committee
331
.
Examination of Bills seeking to amend the Constitution
A private member is free to introduce any Bill excepting one to amend the
Constitution. Every Bill seeking to amend the Constitution, notice of which has been
given by a private member, is examined by the Committee and only when the Committee
recommends introduction thereof that a motion for leave to introduce the Bill is
included in the List of Business
332
.
In the case of Bills seeking to amend the Constitution, the following principles
were recommended by the Committee and approved by the House on 26 February
1954
333
:
Such Bills should be brought forward only when it is found that the
interpretation of the various articles has not been in accordance with the
intention behind these articles or when certain glaring inconsistencies have
come to light. Amendments of this nature should normally be brought forward
by the Government.
Some time should elapse before any such amendment is brought forward
so that a proper assessment of the working of the Constitution can be made.
Notices of Bills from private members should be examined in the
background of the proposals which the Government may be considering at
the time so that consolidated proposals are brought forward.
A private members Bill raising an issue of far-reaching importance
and public interest should be allowed to be introduced. In determining the
importance of the matter raised in the Bill, it should be seen if there are
parallel provisions in the Constitution to satisfy the current ideas and public
demand at the time.
Allocation of time to Bills and Resolutions
One of the important functions of the Committee is to recommend the allocation
of time to all private members Bills and resolutions; in the case of Bills, this is done
(vi) The Lotteries (Prohibition) Bill, 1996 by Shri Vijay Goel [6R(CPB-11LS].
(vii) The High Court at Allahabad (Establishment of a Permanent Bench at Meerut) Bill, 1996
by Shri Amar Pal Singh [11R(CPB-11LS)].
330. See 65R, 67R and 68R (CPB-4LS) re. the Categorisation of Bihar Legislative Council (Abolition)
Bill.
331. J .B. Kripalanis the Conferment of Decoration (Abolition) Bill, 49R and 59R (CPB-4LS).
332. Rule 294.
333. IR (CPB-1LS).
after their introduction in the House and in the case of resolutions after notices tabled
by members gaining priority in the ballot have been admitted. The maximum time
recommended by the Committee for consideration and subsequent stages of a Bill as
also for discussion of a resolution is four hours
334
.
After the adoption of the report of the Committee by the House, the allocation
of time in respect of Bills and resolutions takes effect as if it were an order of the
House
335
. The time allotted for the discussion of a Bill or a resolution can thereafter
be extended
336
or reduced
337
only on a motion moved by a member and adopted by
the House. In a number of cases, however, the time has been extended just by taking
the sense of the House and without formal motion being moved in the House for that
purpose
338
.
When a point of order relating to a particular business before the House is
raised, the time taken in the disposal of that point of order is also counted towards
the total time allotted for that business
339
.
Procedure for convening Sittings
Three weeks before the commencement of each session, a tentative programme
of the sittings of the Committee is prepared in such a way that
there is at least one day in between the date of the sitting of the
Committee and the date on which the report of the Committee is to be
presented to the House; and
there is at least one day in between the date of presentation of the
report and the date on which the motion for adoption of the report by the
House is to be moved.
The motion for adoption of the report is invariably put down as the
first item in the agenda on the first available day allotted to private members
business.
The tentative programme of the sittings of the Committee is approved by the
Chairman. The sittings of the Committee are generally held not later than a week after
the date of ballot of resolutions or the date of introduction of Bills.
Members concerned with a Bill may be invited to attend the sittings of the
Committee to present their views in regard to allocation of time to Bills as also the
334. IR (CPB-1L.S.) and L.S. Deb., 26-2-1954, cc. 852-53; 6R (CPB-1LS) and L.S. Deb., 17-4-1954,
cc. 4987-88.
335. Rule 296.
336. L.S. Deb., 2-4-1955; cc. 4147-48; 4-5-1956, c. 7348; 21-2-1958, c. 2041; 7-8-1959, c. 1269,
4-3-1960, c. 4300; 7-9-1962, c. 6899; and 27-4-1963. c. 12834.
337. Ibid., 31-8-1956. cc. 5115-16; and 4-3-1960, c. 4333.
338. L.S. Deb., 23-11-1956, c. 921; 27-7-1957, c. 2483; 4-12-1959, c. 3529; 16-8-1963. cc. 793-94;
28-11-1969, cc. 270-74; and 20-11-1970, cc. 335-66.
339. Ibid., 20-7-1956, c. 437.
categorisation of Bills
340
. Where so desired by the Chairman or the Committee,
representatives of the Ministries concerned may also be invited to attend a sitting to
present their views
341
.
However, the practice in vogue since February 1979 is that members sponsoring
the Bills are individually addressed and requested to send their views in writing about
classification of their Bills for consideration of the Committee. Where considered
necessary, the Committee invites the members-in-charge to appear before them to
present their views in regard to their Bills. Where so desired by the Chairman or the
Committee, the opinion of the Ministry of Law and J ustice is obtained on a Bill for
consideration of the Committee.
As regards resolutions, the members whose resolutions are being included in
the List of Business are not invited to attend the sitting of the Committee to present
their views regarding allocation of time to their resolutions unless a specific request
is made in this regard by the member and agreed to by the Committee or where the
Committee itself consider it necessary or desirable to call him.
Copies of the agenda are made available to members sufficiently in advance of
the date of sitting
342
.
Verbatim record of proceedings is not kept except when an important issue is
before the Committee. The recommendations of the Committee are contained in their
reports which are presented to the House by the Chairman or in his absence by any
member of the Committee
343
.
Minutes
The decisions of the Committee are recorded in the minutes which are prepared
by the Secretariat and approved by the Chairman or the member who presided at the
sitting of the Committee
344
.
An authenticated copy of the minutes of the sittings held during a session is laid
on the Table during the last week of the session. An entry regarding this is included
in the List of Business for the day on which the minutes are to be laid on the Table
345
.
In case the members in whose names the entry has been included in the list are not
present, the minutes are laid by any other member of the Committee present in the
House.
340. Dir. 27.
341. The practice in the past (up to the Seventh Session of the Second Lok Sabha) was to invite
representatives of the Ministries concerned, as a rule, to attend the sittings of the Committee.
342. The past practice of supplying, along with the agenda, copies of memoranda on Bills and reactions
of Government, if any, on any matter before the Committee, has since been dispensed with.
343. Rule 279(1).
344. Dirs. 66(1), 66(2) and 67. The past practice of circulating the minutes of each sitting to members
of the Committee has now been discontinued.
345. Dir. 67.
Report
The report of the Committee is approved by the Chairman and an entry in
respect of the motion for presentation of the report is included in the List of Business.
Usually the report is presented to the House a day after the sitting of the Committee
but in special circumstances it may be presented on the same day when the sitting is
held
346
.
The report is circulated to all the members on the day on which the report is
presented. The report is adopted in the House on the day allotted for private members
business on a motion moved by the Chairman or any other member so authorised by
him that the House do agree with the report. The motion for adoption is taken up as
the first item before the commencement of private members business at that sitting.
On adoption of the motion, the classification of Bills and allocation of time to Bills
and resolutions become an order of the House.
The discussion on the motion for adoption of the report is not to exceed half
an hour and no member can speak for more than five minutes on such a motion
347
.
Amendments may also be moved that the report be referred back to the
Committee either without limitation or with reference to any particular matter
348
. If
the allocation of time recommended in respect of a Bill or a resolution is desired to
be varied, it is open to a member to move an amendment to the relevant report of the
Committee containing the recommendations regarding allocation of time when the
motion for its adoption is taken up in the House.
Select or Joint Committees on Bills
On a motion moved in, and adopted by the House, Bills are from time to time
referred to Select Committees composed of members specifically named in the motion.
Bills may likewise be referred to J oint Committees, with the concurrence of the
Rajya Sabha, composed of members of both the Houses. Such Select or J oint
Committees are ad hoc Committees which are appointed for consideration of particular
Bills referred to them.
Select or J oint Committees on Bills are appointed at the first stage of the second
reading of a Bill in the House. At this stage, the member in-charge of the Bill may
346. During the Ninth Session of the Second Lok Sabha, a sitting of the Committee scheduled to be
held on 17 November 1959, could not be held on that day for want of quorum. Consequently, the
next day, i.e. 18 November 1959, was fixed in lieu thereof. But on account of the death of a sitting
member of the House on that day, the sitting was cancelled and was held instead on 19 November
1959, and the report of the Committee was presented to the House on the same day[51R
(CPB-2LS)].
347. Rules 295 and 296.
The time-limit was relaxed on 11 December 1953 in connection with the adoption of the first
Report of the Committee (First Lok Sabha) and the discussion was resumed on 26 February
1954A.S. Deb., (II), 11-12-1953 and 26-2-1954, c. 2052 and c. 852, respectively.
348. Rule 295.
For instance, 42R (CPB-ILS) was referred back with reference to a particular matter. L.S. Deb.
(II), 16-12-1955, c. 2938. See also L.S. Deb., 18-3-1960, c. 6837; 67R (CPB-4LS); 12-11-1970,
c. 267; 14R (CPB-7LS); and 20-2-1981, c. 412-13.
himself move that the Bill be referred to a Select Committee of the House or to a
J oint Committee of the Houses with the concurrence of the Rajya Sabha. If the
motion moved by the member in-charge is that the Bill be taken into consideration,
any other member may move an amendment for the reference of the Bill to a Select
or J oint Committee
349
. When the motion or amendment, as the case may be, is
adopted, the Bill stands referred to a Select Committee, and in case the Bill is to be
referred to a J oint Committee, the motion or amendment, as adopted, is transmitted
to the Rajya Sabha for their concurrence and appointment of members of that House
on the Committee.
However, in the case of constituting the J oint Committee on the Constitution
(Eighty-first Amendment) Bill, 1996 (Insertion of new articles 330A and 332A), the
House, at its sitting held on 13 September 1996, during the discussion on the motion
for consideration of the Constitution (Eighty-first Amendment) Bill, 1996 (Insertion
of Articles 330A and 332A), authorised the Speaker to refer the Bill to the J oint
Committee of the two Houses in consultation with the Chairman, Rajya Sabha
350
.
Membership of Select Committee
The names of members proposed to be appointed on a Select Committee are set
out, as already stated, in the motion of reference itself. The membership of Select
Committees is not fixed. It may vary from Committee to Committee, but the normal
membership is between 30 and 35
351
.
Membership of Joint Committee
The motion for reference of a Bill to a J oint Committee gives the number and
names of the members of the Lok Sabha to be appointed to the Committee and also
the number of members from the Rajya Sabha to be appointed by that House. The
349. Rules 74 and 75; see also Chapter XXII-Legislation.
350. Report of the J oint Committee on the Constitution (Eighty-first Amendment) Bill, 1996 (Insertion
of New Articles 330A and 332A).
351. Financial Bills, which are not normally referred to J oint Committee under the Rules are generally
referred to Select Committees consisting of larger number of members. For instance, the Gift-Tax
Bill, 1958, and the Estate Duty (Amendment) Bill, 1958, were referred to Select Committees
consisting of 43 members each. There are also instances when Select Committees were constituted
with less number of members. For instance, the Indian Railways (Amendment) Bill, 1961 was
referred to Select Committee consisting of 21 members. Similarly, the Select Committees on the
Representation of the People (Amendment) Bill, 1961 consisted of 15 members; the Major Port
Trusts Bill, 1962 consisted of 21 members; the Companies (Amendment) Bill, 1963 consisted of
18 members; the Delhi High Court Bill, 1965 consisted of 23 members; the Essential Commodities
(Second Amendment) Bill, 1967 consisted of 21 members; the Banking Laws (Amendment) Bill,
1967 consisted of 22 members; the Indian Penal Code (Amendment) Bill, 1967 consisted of
12 members; the Enlargement of the Appellate (Criminal) J urisdiction of the Supreme Court Bill,
1967 consisted of 22 members; the Advocates (Second Amendment) Bill, 1968 consisted of
24 members; the Central Excise Bill, 1969 consisted of 24 members; the Select Committee
Diplomatic Relations (Vienna Convention) Bill, 1971 consisted of 19 members; the Payment of
Gratuity Bill, 1971 consisted of 20 members; the Chit Funds Bill, 1980 consisted of 21 members;
the Select Committee on the Constitution (Seventy-first Amendment) Bill, 1990 consisted of
20 members; the Transplantation of Human Organs Bill, 1993 consisted of 21 members; and the
Select Committee on the Constitution (Scheduled Tribes) Order (Amendment) Bill, 1996 consisted
of 15 members.
proportion of members of a J oint Committee from the Lok Sabha and Rajya Sabha
is 2:1. The actual membership of a J oint Committee is not fixed. It varies from
Committee to Committee, the most usual number being
352
45.
There are no rules about the procedure to be followed by a J oint Committee.
A self-contained motion is, therefore, moved in the House for the purpose and the
concurrence of the other House in the motion carries with it their agreement to the
prescribed procedure. The motion lays down the quorum for a sitting of the J oint
Committee, the rules of procedure which would apply to the Committee, the time by
which the Committee is to present the report and finally a request to the other House
to agree to join the Committee and to communicate the names of their members who
have been appointed to the Committee. Usually the miles relating to the committees
of the House in which the motion originates apply to the J oint Committee.
The motion, on adoption, is transmitted to the other House for their concurrence.
The other House, on receipt of the motion, is at liberty to discuss the principles of
352. In the J oint Committee on the States Reorganisation Bill, 1956 (constituted on 2 May 1956), there
were 51 members; the Constitution (Thirty-second Amendment) Bill, 1973 consisted of 60 members;
the Public Financial Institutions Laws (Amendments) Bill, 1973 consisted of 60 members while
in the J oint Committee on the Parliament (Prevention of Disqualification) Bill, 1957 (constituted
on 21 December 1957) there were only 30 members; the Tripura Land Revenue and Land Reforms
Bill, 1959 consisted of 30 members; the Manipur Land Revenue and Land Reforms Bill, 1959
consisted of 30 members; the Delhi Land Holdings (Ceiling) Bill, 1959 consisted of 30 members;
the Extradition Bill, 1961 consisted of 21 members; the J oint Committee of the Houses to examine
the question of the working of the Dowry Prohibition Act, 1961 consisted of 21 members; the
SlumAreas (Improvement and Clearance) Amendment Bill, 1963 consisted of 24 members; the
Prevention of Food Adulteration (Amendment) Bill, 1963 consisted of 33 members; the J udges
(Enquiry) Bill, 1964 consisted of 30 members; the Delhi Administration Bill, 1965 consisted of
33 members; the Patent Bill, 1965 consisted of 48 members; the Representation of the People
(Amendment) Bill, 1966 consisted of 36 members; the Scheduled Castes and Scheduled Tribes
Order (Amendment) Bill, 1967 consisted of 33 members; the Patents Bill, 1967 consisted of
33 members; the Union Territory (Separation of J udicial and Executive Functions) Bill, 1968
consisted of 33 members; the Insurance (Amendment) Bill, 1968 consisted of 33 members; the
Criminal and Election Laws (Amendment) Bill, 1968 consisted of 33 members; the Comptroller
and Auditor-Generals (Duties, Powers and Conditions of Service) Bill, 1969, consisted of
30 members; the J oint Committee on Amendments to Election Laws, 1970 consisted of 21 members;
the J oint Committee on the Khadi and Village Industries Commission (Amendment) Bill, 1978
consisted of 30 members, the J oint Committee on the Air (Prevention and Control of Pollution)
Bill, 1978 consisted of 30 members; the J oint Committee on the Scheduled Castes and Scheduled
Tribes Order (Amendment) Bill, 1978 consisted of 30 members; the J oint Committee on the
Criminal Law (Amendment) Bill, 1980 consisted of 33 members; the J oint Committee on Marriage
Law (Amendment) Bill, 1981 consisted of 21 members; the J oint Committee on LIC Bill, 1983
consisted of 30 members; the Constitution (Seventy-first Amendment) Bill, 1990 (Amendment of
Articles 81, 82, 170 and 327) consisted of 20 members, the Constitution (Seventy-third Amendment)
Bill, 1991 (Insertion of New Part IXA and addition of Twelfth Schedule) consisted of 30 members;
the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Bill, 1991 consisted
of 22 members; the Constitution (Seventy-second Amendment) Bill, 1991 consisted of 30 members;
the Constitution (Eightieth Amendment) Bill, 1993 (Insertion of new articles 24A, 28A, 102A and
191A and Amendment of article 329 and Ninth Schedule and the Representation of the People
(Amendment) Bill, 1993 consisted of 30 members; and the Constitution (Eighty-first Amendment)
Bill, 1996 (insertion of new articles 330A and 332A) consisted of 31 members. J oint Committee
on the Protection of Plant Varieties and Farmers Right Bill, 1999 consisted of 30 members. J oint
Committee on the Scheduled Tribes (Recognition of Forest Rights) Bill, 2005 consisted of
30 members.
the Bill and to suggest any directions that may be given to the J oint Committee (to
which the originating House must agree before they become binding) and to nominate
their members to serve on the Committee. Concurrence in the motion for reference
of a Bill to a J oint Committee by the other House does not commit that House to the
principles underlying the Bill
353
.
The House which initiates a motion for appointment of a J oint Committee is
in-charge of the Committee and the Chairman of the Committee functions under the
directions of the Presiding Officer of that House
354
. The extension of time for
presentation of the report of the Committee, if required, has to be asked for from that
House. If such extension is granted to the Joint Committee, the other House is informed
by means of a formal message.
Members of Select or Joint Committees
Only names of such members are proposed to a Select or J oint Committee as
are willing to serve on it
355
. The mover obtains their consent before proposing their
names in the House
356
.
The Minister in-charge of the Bill or dealing with the subject-matter of the Bill
is normally included as a member of the Committee as his presence is necessary for
explaining the Governments point of view in the Committee. The mover of the
motion (or amendment) for reference of a Bill to a Select or J oint Committee is
normally appointed a member of the Committee although his exclusion from the
Committee does not render the motion invalid
357
.
The composition of a Select or a J oint Committee reflects the strength of the
various Parties and Groups in the House(s) and in this sense the Committee is a
microcosm of the House or the Houses
358
.
Members who are entirely opposed to the principle of the Bill being referred
to a Select or J oint Committee should keep out of it
359
as also those who have a
personal, pecuniary or direct interest of an intimate character in the subject-matter of
that Bill.
353. L.S. Deb., 17-12-1953, cc. 24-27, 28, 3-4-1956, cc. 6745-6747.
354. Rule 283.
355. Rule 254(2).
356. L.A. Deb., 22-2-1921, p. 332; see also H.P. Deb. (II), 21-11-1953, c. 126 and L.S. Deb.,
26-11-1956, c. 1064.
The motion to refer the Official Languages (Amendment) Bill to a J oint Committee of the Houses
was not put to vote as certain members, whose names were included in the motion, had not been
takenL.S. Deb., 13-12-1967, cc. 6714-16.
357. L.S. Deb., 4-5-1954, c. 6479.
358. The Speaker has observed that a Select Committee must be as representative of the House as
possibleH.P. Deb., 8-12-1953, c. 1669.
359. During the discussion on the motion to refer the Banaras Hindu University Bill to a Select
Committee, the Speaker observed that members who are entirely opposed to the principle of the
Bill should keep out of the Select CommitteeL.S. Deb., 14-8-1958, cc. 949-52.
Only one Bill is referred to one Committee: As a general rule, only one Bill is
referred to a Select or a J oint Committee, but in case there are two Bills dealing with
a similar subject matter, they may be referred to the same Select or J oint Committee
by means of a single or separate motion
360
.
Adding of Members on Select or Joint Committee
When a Bill is already under reference to a Select Committee, more members
can be added to the Committee by moving a motion in that regard in the House
361
.
Such a motion is moved by the member in-charge of the Bill or the Chairman of the
Committee.
In the case of a J oint Committee, the motion for addition of members is moved
in and adopted by the House in which the Bill originated and is concurred in by the
other House. The motion gives the number and names of members from the originating
House and the number of members from the other House proposed to be added to the
Committee. The motion also contains a request to the other House to agree to the
addition of members and to communicate the names of members desired to be added
by that House to the Committee.
Filling of Casual Vacancies in Select or Joint Committee
When a casual vacancy occurs in a Select Committee, the fact is intimated to
the Ministry of Parliamentary Affairs with a request to state whether the Government
proposes to fill the vacancy and, if so, to intimate the name of the member proposed
for the vacancy.
On receipt of the name of the member from the Ministry of Parliamentary
Affairs, a motion is moved in the Lok Sabha by the Chairman or any other member
so authorised by the Committee.
Normally, no need is felt for filling a casual vacancy in a Select Committee
because by the time the vacancy can be filled the work of the Committee is generally
over.
The procedure for filling a casual vacancy in a J oint Committee is the same as
that in respect of a Select Committee except for the following:
In case of a J oint Committee initiated by the Lok Sabha
if the vacancy is in the membership from the Lok Sabha, a motion
setting forth the name of the member proposed to fill the vacancy is moved
by the Chairman or any other member so authorised by the Committee. After
the motion is adopted, the Rajya Sabha Secretariat is informed of the fact by
a letter;
if the vacancy is in the membership from the Rajya Sabha, the vacancy
is filled by that House on a recommendation made to that effect in a motion
adopted by the Lok Sabha. The motion after being carried in the Lok Sabha
360. See Chapter XXIILegislation.
361. L.A. Deb., 30-8-1939, p. 149.
is transmitted to the Rajya Sabha for their concurrence and nomination of a
member of that House to fill the vacancy. On receipt of a message from the
Rajya Sabha concurring in the motion, it is reported to the Lok Sabha.
The same procedure is followed in the reverse order in the case of a J oint
Committee initiated by the Rajya Sabha.
Term of Office
As a Select or J oint Committee on a Bill is an ad hoc Committee for the
consideration of a particular Bill referred to it, it becomes functus officio when it has
presented its report
362
.
Chairmans Duties, Powers, etc.
The Chairman of a Select or a J oint Committee
363
, besides performing the
duties and exercising the powers, etc., which are common to the Chairman of all
364
, discharges some additional functions: he decides the
admissibility of amendments to be moved at a sitting of the Committee and his
decision is final
365
; his approval has to be obtained before copies of memoranda or
representations received on a Bill are made available to members; and he orders
expunctions of unparliamentary, irrelevant or otherwise inappropriate words, phrases
and expressions from the minutes of dissent
366
.
Functions of a Select or Joint Committee
The function of a Select or J oint Committee on a Bill is to go through the text
of the Bill, clause by clause
367
, in order to see that the provisions of the Bill bring
out clearly the intention behind the measure, that there will be no procedural defect
in its working, that the Bill does not offend provisions of the existing law, and that
the object proposed to be achieved is adequately brought out.
The Committee may, before or at the time of taking a decision on any provisions
of the Bill, invite written memoranda from, or take oral evidence of, experts or
interested persons and organisations, or require Government officials to explain the
362. L.S. Deb., 16-7-1956, cc. 8-9.
363. For procedures regarding appointment of the Chairman of a Select or J oint Committe, see
Chapter VIII.
364. For powers and functions of the Chairman of Parliamentary Committees, see Chapter VIII.
365. Dir. 75.
The Chairman of the J oint Committee on Companies (Amendment) Bill, 1959, disallowed the
moving of an amendment by the Minister of Commerce which sought to amend a section of the
principal Act which was not touched by the amending Bill.
366. Dir. 91.
However, in the case of Select Committee on the Constitution (Scheduled Tribes) Order (Amend-
ment) Bill, 1996, Shri P. Kodanda Ramaiah and Dr. J ayanta Rongpi, M.Ps, in their minutes of
dissent, used some inappropriate words and cast aspersions on the Chairman. Since the aspersions
were cast on the Chairman, the Chairman, referred the matter for expunction to the Speaker who
expunged the same reference.
367. Dir. 77.
policy behind each clause of the Bill and to give such information as the Committee
may desire
368
. After hearing the evidence, if any, the Chairman puts the Bill before
the Committee clause by clause and invites members to offer comments, if any, and
thereafter members move their amendments, if any
369
. The Committee then formulates
its conclusion as to whether the clause as it stands is adequate and brings out the
intention clearly. If in its opinion the wording of the clause is defective or the intention
is not clearly brought out or the language is ambiguous, the Committee amends or
revises the clause.
At the sittings of the Committee, the Minister concerned and the officials of his
Ministry as well as the official Draftsman are also present to explain any point or
points on which the Committee may require information
370
.
Oral and Written Evidence before Select or Joint Committee
Generally, at its first sitting, the Committee decides whether it would take
evidence on the Bill
371
. In arriving at this decision the Committee takes into
consideration the nature of the Bill, the various interests that are directly affected by
the measure and whether expert evidence would be desirable or helpful.
The Committee may decide to take evidence either on its own initiative or on
separate request made to that effect
372
.
368. For instance, the J oint Committee on the Arms Bills, 1958, the Banking Companies (Amendment)
Bill, 1959, the Companies (Amendment) Bill, 1959, and the Railways Bill, 1986, invited written
memoranda frominterested parties and also heard oral evidence. At their sitting held on 8 October
1957, the J oint Committee on the Navy Bill decided that the J udge, Advocate as well as some
senior officers of the Navy should be present at all the sittings of the Committee to give such
clarification on the provisions of the Bill as may be required by members, and that if the Committee
considered it necessary, at a later stage, those officers could be formally examined.
369. Dir. 77.
370. For instance during the course of the sittings of the J oint Committee on the Trade and Merchandise
Marks Bill, 1958 when evidence of certain Associations was being taken on the Bill, an officer
of the Ministry of Commerce and Industry and the Additional Secretary and Chief Draftsman,
Ministry of Law took part in the proceedings of the Committee several times for clarifying points
with the permission of the Chairman and their speeches were recorded in the days proceedings.
371. The J oint Committees on the Arms Bills, 1958, and the Motor Transport Workers Bill, I960,
decided at their first sitting to hear evidence on the BillsMin. (J .C. on Arms Bill), 8-5-1959 and
Min. (J .C. on Motor Transport Workers Bill) 7-9-1960. In the case of the Code of Criminal
ProcedureAmendment) Bill, 1954, the J oint Committee decided against taking evidence on the
Bill since the Government had given the Bill the widest possible publicity and had obtained
opinion upon it from all sections of the peopleMin. [J .C. on Code of Criminal Procedure
(Amendment) Bill 17-7-1954].
372. (i) A serving Secretary to the Government of India made a request to the Chairman that he
might be permitted to appear in his personal capacity before the J oint Committee on the
Constitution (Amendment) Bill by a private member. As directed by the Committee
[Min. (J .C.) on the Constitution (Amendment) Bill by Nath Pai, 23-10-1967], after he had
obtained the prior approval of the Government on his own, the officer appeared before the
Committee on 26 October 1967.
(ii) At the initiative of the Select Committee on the Constitution (Amendment) Bill by Tenneti
Viswanatham, J ustice D. Basu of Calcutta High Court appeared before the Committee on
21 and 22 J uly 1970, and gave his evidence on the provisions of the Bill. J ustice Basu,
however, clarified at the outset that the evidence he was about to give was in his private
capacity as an academician. Earlier, J ustice Basu had desired that the request should come
through the Ministry of Home Affairs. This was done.
In case the Committee decides to take evidence, usually a press note is issued
inviting memoranda on the Bill from interested associations or organisations
373
, and
a date is fixed by which memoranda are to be sent to the Secretariat. Memoranda
received after the specified date may be accepted with the permission of the Chairman.
Normally, the Committee authorises the Chairman to go through the memoranda
received and to decide as to which associations and individuals should be invited to
give evidence. For this purpose, only those associations or individuals who have
made a specific request are invited. He also keeps in view that the main representatives
of each type of affected interests, i.e. employers, employees, industry, trade, etc. are
invited to give evidence.
A memorandum addressed to the Committee forms part of the records of the
Committee and is treated as confidential
374
. No person, without the Speakers
permission, can quote therefrom or send copies thereof to anyone else, unless it has
been presented to the House either along with the report of the Committee or
separately
375
. However, the arguments or points contained in the memorandum can be
(iii) The Chairman, Select Committee on the Taxation Laws (Amendment) Bill 1973, desired
that J ustice Debiprosad Pal of Calcutta High Court might be invited to tender evidence at
the sittings of the Select Committee held at Calcutta in September 1973. In reply, J ustice
Debiprosad Pal regretted his inability to appear before the Select Committee and said: As
a sitting J udge of the High Court, I do not think it proper to express any view on the said
Bill before the Committee.
(iv) On 26 J uly 1974, the Registrar, High Court of Karnataka intimated that the Chief J ustice,
High Court of Karnataka would like to give evidence before the J oint Committee on the
Code of Civil Procedure (Amendment) Bill, 1974, if the Committee held its meetings at
Bangalore. Since a Sub-Committee of the J oint Committee was scheduled to hold its
sittings at Bangalore from19 September 1974 to 21 September 1974 to hear oral evidence,
it was decided to call the Chief J ustice for evidence before the Sub-Committee.
373. For instance, the J oint Committee on the Banking Companies (Amendment) Bill, 1959, at their
first sitting held on 9 May 1959, decided that a press note might be issued advising associations,
public bodies and individuals desirous of presenting their views before the Committee in respect
of the Bill to send written memoranda thereon to the Secretariat by 10 J une 1959. The Committee
also authorised the Chairman to decide, after examining the memoranda, as to which associations,
public bodies, etc. should be asked to send their representatives to give oral evidence before the
Committee.
In the case of the J oint Committee on the Banaras Hindu University (Amendment) Bill, 1958,
the J oint Committee, at their first sitting held on 18 August 1958, decided to hear evidence of a
member intimately connected with the provisions of the Bill. No press note was issued.
374. As soon as a memorandumis received, the sender is informed in writing that the memorandum
should be treated as confidential and not circulated to anyone and that its circulation or publicity
would constitute a breach of privilege of the Select or J oint Committee which is a Parliamentary
Committee.
The Employers Federation submitted a memorandumto the Select Committee on Payment of
Gratuity Bill, 1971. The Federation, on its request, was permitted to make available copies of the
memorandumto its constituent members, with the stipulation that contents thereof be treated as
confidential and not for publication.
Soon after the J oint Committee on the Constitution (Fourth Amendment) Bill, 1954, had ceased
functioning, a representation was received. It was decided that communications addressed to
Committee formed part of the records of the Committee, irrespective of the fact. Whether the
communication was sent while the Committee was still deliberating or after it had presented its
report.
375. Dir. 74.
used in any other communication or used in any other manner but the person so doing
cannot allude to the fact that such considerations have been urged in a memorandum
submitted to the Select or J oint Committee.
In case a memorandum has been given publicity before sending it to the
Committee or if it is addressed to somebody else and a copy thereof is endorsed tothe
Committee, it is not treated as a communication to the Committee and is either returned
to the sender
376
or treated as a representation with the approval of the Chairman
377
.
A member of the Committee can also submit a memorandum containing his
views on the Bill
378
. Copies of the memorandum or extracts therefrom are circulated
to the members of the Committee, if so directed by the Chairman
379
.
The number of memoranda or representation received by the Committee are
mentioned in the body of the report of the Committee, while the particulars thereof
and the action taken thereon are given in the Appendix to the report
380
.
Letters are issued by the Secretariat summoning the witnesses for evidence.
Along with the letter, a note on points of conduct and etiquette to be observed by the
witnesses appearing before a Parliamentary Committee is also sent for the guidance
of the witnesses. In the case of associations or public bodies, the letter is addressed
to them asking them to send their representatives to appear before the Committee on
a specified date and time. Normally, they are asked to send two or three representatives
to appear before the Committee and to communicate their names in advance to the
Secretariat.
In case a Minister who is not a member of the Select Committee desires to
address the Committee or to take part in the proceedings of the Committee, he is
permitted to do so but he cannot participate in voting
381
.
A Select or J oint Committee may call any member who is not a member of the
Committee to give evidence before it
382
.
376. An individual submitted a memorandumto the J oint Committee on the Merchant Shipping Bill,
1958, copies whereof had already been sent to various journals for publication. The document was
not treated as a memorandumto the Committee and was accordingly returned to the sender.
377. The Calcutta Chamber of Commerce, Calcutta sent to the J oint Committee on the Railways Bill,
1986, a copy of their letter addressed to the Prime Minister containing comments/suggestions on
the Bill. It was treated as a representation and circulated to the members of the J oint Committee,
after obtaining approval of the Chairman.
378. Dir. 81(1).
379. Dir. 81(2). A memorandumsubmitted by a member of the J oint Committee on the Companies Bill,
1953, was circulated to the members of the Committee after obtaining orders of the Chairman.
380. Dir. 83. The practice of giving these particulars in the report commenced in November 1956, with
the report of the J oint Committee on the Motor Vehicles (Amendment) Bill, 1956.
381. Rule 299.
382. A member of the Rajya Sabha, because of his expert knowledge regarding Indian shipping, was
required to give evidence before the J oint Committee on the Merchant Shipping Bill, 1958. He
gave evidence before the Committee on 8 J uly 1958, in the capacity of a representative of the
Indian National Steamship Owners Association.
The Select Committee on the Banaras Hindu University (Amendment) Bill, 1958, decided at their
sitting held on 18 August 1958, to call a member of the Lok Sabha who had intimate knowledge
of the Banaras Hindu University to give evidence before them. The member gave evidence before
the Committee on 19 August 1958.
Whenever witnesses are summoned to give evidence, verbatim record of the
proceedings is kept
383
. Cyclostyled copies of the proceedings of the evidence are
normally circulated to all the members of the Committee on the following day.
The Committee decides whether the record of the evidence given before it is
to be laid on the Table in extenso or in part or in summary form
384
and whether the
memoranda submitted by the associations should be printed as appendices to the
evidence or laid on the Table or placed in the Library for reference by the members
385
.
In case the Committee decides the whole or part or summary of the evidence,
as the case may be, is to be laid on the Table
386
, it is printed in a separate volume.
A copy of such evidence authenticated by the Chairman is laid on the Table by the
Chairman or the member so authorised by the Committee, either on the day the report
of the Committee is presented or on any subsequent day. In the case of a J oint
Committee, an authenticated copy of the evidence or summary thereof, as the case
may be, is sent by the Secretariat for being laid on the table of the Rajya Sabha
simultaneously with its presentation to the Lok Sabha. In case the Rajya Sabha is not
in session that day, it is laid on the Table of that House on the day it reassembles.
Copies of evidence given before Select or J oint Committees, after they have been laid
on the Table, are circulated to all members of the Lok Sabha and the Rajya Sabha and
are also made available to the public on sale.
Amendments
The procedure regarding moving of amendments in a Select or a Joint Committee
is, as far as practicable, the same as is followed in the House during the consideration
stage of a Bill, with such adaptations as the Speaker may consider necessary or
convenient
387
.
Only members of the Committee are entitled to give notice of amendments
388
.
Generally, the rules governing the admissibility of amendments in the House apply in
383. Rule 273(v).
384. Rule 275.
385. In the case of the J oint Committee on the Motor Vehicles (Amendment) Bill, 1955, memoranda
submitted by associations and public bodies who gave evidence before the Committee were
printed as appendices to the evidence which was laid on the Table.
Copies of memoranda/representations received by the Joint Committees on the Constitution (Twenty-
second Amendment) Bill, 1968, and the Lokpal and Lokayuktas Bill, 1968, as decided by the
respective Committee, were laid on the Table of both the Houses on 5 March 1969, and 26 March
1969, respectively.
In the case of the Companies (Amendment) Bill, 1959, and the Motor Transport Workers Bill,
1960, the J oint Committee decided that the memoranda submitted by the associations who tendered
evidence being very voluminous, need not be printed with the evidence but a few cyclostyled
copies of the same may be placed in the Library for reference by the members.
386. Rule 275.
Evidence given before a Select or J oint Committee is not presented to the House with the report
but it is laid on the Table separately.
387. Rule 300(2).
388. In the case of Government amendments, the notice must be signed by the Minister who is a
member of the Committee.
the Committee also
389
. In the Committee, however, unlike in the House, members
who give notices of amendments may also give Reasons for the amendments
390
.
Notices of amendments tabled in the House by members before reference of the
Bill to the Committee also stand referred to the Committee, provided that where
notice of an amendment is received from a member who is not a member of the
Committee such amendment is not taken up by the Committee unless moved by a
member of the Committee
391
.
If any question arises whether a particular amendment is within the scope of the
Bill or not, the question is decided by the Chairman of the Committee whose decision
is final
392
.
Admissible amendments of which notices have been received are arranged in
the lists of amendments in the order of the clauses of the Bill to which they relate and
in the order in which notices thereof have been received, and are circulated to all the
members of the Committee ordinarily on the same day on which they are received
393
.
Discussion on an amendment starts on the members moving his amendment.
When the Chairman considers that an amendment has been sufficiently discussed, he
takes the consensus thereon and announces his decision. Ordinarily no vote is taken
because the proceedings in a Committee are not as formal as they are in the House,
but if a member insists that a particular amendment be put to vote, votes are taken
by show of hands and the majority decision is recorded
394
. Clause already disposed
In the J oint Committee on the Companies Bill, 1953, notice of certain Government amendments
signed by the Draftsman was received. The notice was returned for signature by the Minister on
the Committee.
389. For conditions of admissibility of amendments in the House, see Chapter XXIILegislation.
390. In the J oint Committee on the Companies Bill, 1953, it was suggested that the Reasons for each
of the Government amendments of which notice had been given should be stated immediately
below each amendment in the list of amendments to be circulated to the members of the Committee.
The Reasons for the amendments were, however, given on separate sheets attached to the list
of amendments circulated to members.
391. Rule 301.
Notices of amendments falling under this Rule are circulated to all the members of the Select
Committee through a separate list and necessary indication is given therein that the amendments
fall under this Rule in order to distinguish themfromthe list of amendments of which notices have
been given by the members of the Committee.
Notices of amendments given by a member of the Rajya Sabha, who is not a member of the
J oint Committee to which a Bill has been referred, do not stand referred to the J oint Committee
under this Rule. In such a case, the member concerned is asked to have his amendments sponsored
by a member of the Committee.
392. Dir. 75(2).
393. Copies of all notices of amendments are also supplied to the Draftsman, Ministry of Law, and to
the officers of the Ministry concerned who attend the sittings of the Committee. Lists of amendments
to the Bills before Committees bear a distinctive heading so that they are not confused with the
list of amendments to the Bills before the House.
394. Total number of votes cast in favour of and against the amendment are recorded in the Minutes
Book.
of by the Committee may be reopened with the permission of the Chairman
395
.
Besides giving notices of amendments, a member of a Select or J oint Committee
may, at any time before consideration of the Bill is concluded by the Committee,
submit a memorandum or a note containing his views on the Bill for consideration
of the Committee
396
. The Chairman may, if he thinks fit, direct that copies of the note
or extracts therefrom be circulated to the members of the Committee
397
.
Scope of Deliberations and Inquiry
General discussion on the Bill as a whole is not permissible in a Committee, as
the principle of the Bill is accepted by the House on the adoption of the motion for
reference of the Bill to the Committee
398
. The Chairman may, however, permit a
general discussion on certain clauses or basic points contained in the Bill so that the
Minister in-charge of the Bill may explain the purpose of the Bill or remove doubts,
if any, and may also know the mind of the members at the outset so that amendments
to the Bill may be moved at the appropriate time according to their wishes
399
, if
necessary.
Apart from the principle of the Bill to which the House stands committed on
the adoption of the motion
400
, the House may also give additional directions or
instructions to the Committee
401
.
A Committee cannot amend or revise the Bill so as to render it obstructive to,
or destructive of, the principle of the Bill as referred to the Committee. The principle
of the Bill is to be judged from the long title, clauses of the Bill and the Schedules,
if any. The whole Bill has to be taken into consideration in ascertaining the principle
or scope of the Bill. All amendments or modifications must be within the scope of
395. Dir. 54 The Supreme Court on Government Premises (Eviction) Amendment Bill, 1954 after
concluding their deliberations on Bills met to consider the draft report but at the request of some
members postponed it to hear the Minister-in-charge of Bill who was absent on that day. The
discussion on the Clauses and Bill was subsequently reopened after hearing Minister and the draft
report revised.
396. Dir. 81(1).
397. Dir. 81(2).
398. Dir. 76.
399. For instance, in the case of the following Bills, general discussion was permitted:
The J oint Committee on the Motor Vehicles (Amendment) Bill, 1955, had a general
discussion on the provisions of the Bill in respect of certain basic points-Min. (J C),
24-10-1956; the J oint Committee on the Arms Bill, 1958, had a general discussion on clause
4 of the Bill as to whether the Bill should be confined to fire arms only or to all arms in
general. Min. (J C), 16-7-1959;
The J oint Committee on the Mines and Minerals (Regulation and Development) Bill,
1957, had, as an exception, a general discussion on the provisions of the Bill-Min. (J C),
30-11-1957, 3 and 4-12-1957;
The J oint Committee on the Railways Bill, 1986 also had a general discussion on the
provisions of the Bill-Min. (J C), 6-1-1988, 7-1-1988, 8-1-1988 and 22-3-1988.
400. L.S. Deb., 30-7-1956, cc. 1527-32.
401. See, for instance, the case of the Representation of the People (Amendment) Bill, 1961, L.S. Deb.,
14-8-1961, cc. 2218-19.
the Bill and relevant to the subject matter of the clauses or schedules to which they
relate
402
. They should also be in conformity with the principle of the Bill to which
the House has already agreed. It is not open to the Committee to alter the main
concept of the Bill.
However, within the limitations referred to above, the powers of a Select or a
J oint Committee to make amendments to a Bill are wide and large. A Committee may
amend and redraft a Bill completely
403
, including the long title
404
and the short title
405
without changing its principle. Likewise, a Committee may insert new provisions
406
in the Bill, restrict the scope of the Bill
407
, or even vary the incidence of taxation
proposals after obtaining the prior recommendation of the President
408
.
While a Committee may, with the permission of the Chairman, reopen discussion
on the clauses of the Bill already disposed of
409
, it cannot recommend that it does not
agree with the principle of the Bill committed to it
410
, though in appropriate cases it
may recommend withdrawal of the Bill
411
. In regard to an amending Bill, amendments
thereto are to be confined to the sections of the principal Act touched by the amending
Bill except in cases where the clauses of the Bill necessarily lead to amendment or
modification of any other sections which are intimately connected therewith
412
.
Amendments to a Bill accepted by the Committee are incorporated in the Bill
by the Draftsman, Legislative Department, who attends all the sittings of the Committee.
Where an amendment accepted by the Committee required scrutiny from the drafting
402. Rule. 80(i).
403. The MuslimWakfs Bill, 1952, and the Womens and Childrens Institutions Licensing Bill, 1953,
both private members Bills, were completely redrafted by the Select Committee. Similarly, the
Scheduled Tribes (Recognition of Farmers Rights) Bill, 2005 was completely redrafted by the
J oint Committee.
404. The original long title of the Womens and Childrens Institutions Licensing Bill, 1953, read as
A Bill to regulate and license institutions caring for women and children. The Select Committee
amended it to read as A Bill to provide for the licensing of institutions for women and children
and for matters incidental thereto.
405. The short title of the Legal Practitioners Bill, 1959, was amended by the J oint Committee to
Advocates Bill.
406. The J oint Committee on the Merchant Shipping Bill, 1958, inserted several new clauses providing
for the constitution of a National Shipping Board and for the creation of a Shipping Development
Fund; the Select Committee on the Constitution (Scheduled Tribes) Order (Amendment) Bill,
1996, which was constituted to provide for the inclusion of the Koch-Rajbongshi community in
the list of Scheduled Tribes in relation to the State of Assam, inserted other communities of Assam
in the Bill.
407. The scope of the proceedings of Legislatures (Protection of Publication) Bill, 1956, was restricted
by the Select Committee to the proceedings of Parliament only.
408. In the case of the Expenditure Tax Bill, 1957, the Select Committee varied the incidence so as
to bring more persons under the purview of the expenditure taxsee Report of the S.C.
409. Min. [S.C. on the Government Premises (Eviction) Amendment Bill, 1954] 30-4-1955; 25-27 and
30-8-1955.
410. L.A. Deb., 19-2-1926, pp. 1541-45.
411. The Children Bill, 1954see Report of the S.C.
412. P. Deb. (II), 8-2-1951, cc. 2573-81; L.S. Deb., 28-7-1955, cc. 8752-54.
point of view, the Draftsman gets the draft approved by the Committee at a subsequent
sitting
413
.
After the clause-by-clause consideration of the Bill is over, the Draftsman prepares
a manuscript copy of the Bill as amended which is then printed and the draft report
of the Committee is prepared by the Secretariat
414
. Copies of the draft report are sent
to the Draftsman and to the representative of the Ministry who attend the sittings of
the Committee for factual verification and return. Their suggestions, if any, are suitably
incorporated in the draft report. The draft report, after having been factually verified,
is submitted to the Chairman for his approval.
Copies of the draft report, as approved by the Chairman, are circulated to all
the members of the Committee and the Draftsman and the representative of the
Ministry concerned. Together with the copies of the draft report, printed copies of the
Bill as amended by the Committee are also circulated.
Nature and Contents of Report
The report is drafted according to a set pattern in accordance with the provisions
of the direction issued by the Speaker on the subject
415
.
In the introductory paragraphs general information about the Bill and the
proceedings of the Committee are given: the date of introduction of Bill; the dates on
which the motion for reference of the Bill to Committee was moved, discussed and
adopted in the House or the Houses, as the case may be; particulars of sittings held
by the Committee; extension of time, if any, obtained for presentation of the report,
etc. If any memoranda or representations are received by the Committee or any
evidence is taken by the Committee or if any study tours are undertaken by it, this
fact is mentioned therein. Similarly, if the Committee appoints any Sub-Committee,
mention thereof is made and the report of the Sub-Committee is annexed as one of
the appendices to the report.
In the main part of the report, where observations of the Committee on the
changes made by them in the Bill and their general recommendations are given, the
remarks are strictly confined to the amendments actually made by the Committee to
the Bill and any general recommendation which the Committee may have decided to
include in their report for the attention of the House and/or of the Government. In
dealing with the amendments made by the Committee, arguments or elaborate reasons
are not advanced, but only indication of the direction along which an amendment has
been made is given.
The report finally concludes with the usual recommendation to the House that
the Bill, or the Bill as amended by the Committee, be passed, or with any other
relevant recommendation
416
. Where the Bill has been altered, the Committee may, if
it deems fit, make a recommendation to the member-in-charge of the Bill that his next
413. For instance, clause 9 of the Navy Bill, 1957.
414. Dir. 68(2).
415. Dir. 84.
416. The Select Committee on the Children Bill, 1954 (as passed by the Rajya Sabha) made the
recommendation that the mover of the Bill be granted permission to move the necessary motion
for the withdrawal of the Bill.
motion should be a motion for circulation of the Bill as amended by the Committee,
or, where the Bill has been circulated, for its recirculation
417
.
Consideration of draft report and the
Bill as amended by the Committee
The draft report and the Bill as amended are considered by the Committee at
their last sitting. The Chairman first places before the Committee the Bill as amended,
and the Committee considers whether all the amendments accepted by them and
embodied in the minutes have been properly incorporated in the printed copy of the
Bill. The member who has an objection to any part of the Bill as amended as not
being in conformity with the decisions of the Committee, when called upon by the
Chairman to speak, states briefly the grounds of his objection and proposes amendments
to the Bill to bring it in line with the decisions of the Committee. The amendments,
if accepted, are incorporated in the Bill. No new amendments to the Bill are ordinarily
accepted at this stage
418
. Thereafter, the Bill as amended is adopted by the Committee.
On the adoption of the Bill as amended, the draft report is placed by the
Chairman before the Committee for adoption
419
. After the draft report and the Bill as
amended are adopted, the Committee fixes a date not beyond the one fixed by the
House for the presentation of the report, and the Committee authorises the Chairman,
or in his absence any other member, to present its report to the House. In the case
of a J oint Committee, a member of the Rajya Sabha or in his absence any other
member of that House is chosen for laying a copy of the report on the Table of that
House simultaneously with its presentation to the Lok Sabha.
A date is also fixed by the Committee for handing in the minutes of dissent, if
any, to the Secretariat and the date so fixed is communicated by a letter to all the
members of the Committee for their information. The minutes of dissent, if any, are
appended to the report before its presentation to the House.
Minutes of Dissent and Notes
The report of the Committee is based on majority decisions, but any member
of the Committee disagreeing with the report or a part thereof may append a minute
of dissent on any matter connected with the Bill or dealt with in the report. A minute
of dissent cannot be premature or conditional in any respect and can be given by a
member only after the report has been considered and adopted by the Committee
420
.
Minutes of dissent have to be written in ink or typed on foolscap paper are
required to be given to the officer of the Committee or handed in at the Parliamentary
Notice Office on or before the date and time fixed for this purpose by the Committee
421
;
those received after the expiry of the specified time, but before the presentation of the
417. Rule 303.
418. In the J oint Committee on the Mines and Minerals (Regulation and Development) Bill, 1957, the
Chairman permitted certain new amendments being moved by a member. Vide para 5 of the
minutes, 13-12-1957.
419. Dir. 69(2).
420. Rule 303(4), read with Dir. 89.
421. Dir. 85.
report to the House, may be entertained and appended to the report with the permission
of the Chairman. Minutes of dissent, given in Hindi, are presented as such and no
English version thereof is included in the report.
It is permissible for members to give minutes of dissent jointly. A minute of
dissent cannot be given after the report has been presented to the House
422
nor can
it be altered by the member after the presentation of the report
423
. It has to be couched
in temperate and decorous language and should not cast aspersion on the Committeeor
refer to any discussions in the Committee. In case it contains such words or expressions,
they are expunged under the orders of the Chairman
424
or the Speaker
425
. If expunctions
are made under the orders of the Chairman, the member concerned is informed of the
Chairmans decision with a view to affording him an opportunity to make an appeal
to the Speaker if he so wishes, and the Speakers decision in the matter is final
426
.
If a member, who is absent from the sitting or sitting at which the draft report
is considered and adopted by the Committee, wants to give a minute of dissent he is
required, under a direction of the Speaker, to certify in writing that he has read the
report
427
. In case the member sends a minute of dissent without the required certificate,
the minute of dissent is appended to the report with a foot-note that the certificate
required under the direction has not been furnished. Where a minute of dissent does
not bear any date, the date on which it is received in the Secretariat is so indicated
thereon against the name of the signatory
428
.
A member who is in agreement with the report and yet thinks that a particular
matter has not been given proper emphasis or who desires to make further suggestions
in respect of any matter connected with the Bill or dealt with in the report, may give
a note (as distinguished from a minute of dissent) to the report. Notes, like minutes
of dissent, are also appended to the report when it is presented to the House. The
procedure for submission of notes to the report is the same as is followed in regard
to minutes of dissent.
Presentation of Report to the House
The report presented to the House generally consists of the following papers
arranged in that order:
List of members of the Committee
429
; report of the Committee, signed
by the Chairman; notes and minutes of dissent, if any, in original; printed
422. Dir. 90.
423. Only corrections which come within the ambit of editing are permitted.
424. Dir. 91(1).
425. Rule 303(6).
426. Dir. 91(2); L.S. Deb., 2-8-1968, cc. 3915-23. A member made an appeal to the Speaker against
expunction of certain paragraphs fromhis minutes of dissent appended to the report which had
been presented to the House. The Speaker directed the restoration of two paragraphs. This was
done by issuing a corrigendumto the report. The paragraphs were also published in the Gazette
and circulated to members.
427. Dir. 87. On conclusion of the clause-by-clause consideration of the Bill by Select or Joint Committee,
the Chairman informs the Committee of the provisions of Dir. 87. On the same day, a letter is also
sent to all the members drawing their attention to the Direction.
428. Dir. 86.
429. The List also indicates the names of the Draftsman concerned and the officer of the Secretariat
attached to the Committee.
copy of the Bill as reported by the Committee and authenticated by the
Draftsman concerned; text of the motion (or motions in the two Houses)
appointing the Committee; report of the Sub-Committee, if any, together
with the minutes of the Sub-Committee; statement in regard to memoranda/
representations received by the Committee, if any; list of witnesses who gave
evidence before the Committee, if any; minutes of sittings of the Committee;
and other important papers, if any made available to the members of the
Committee and approved by the Chairman of the Committee for presentation
to the House
430
.
In the case of a J oint Committee, an authenticated copy
431
of the report together
with copies of the other papers referred to in the preceding paragraph, is sent by the
Secretariat to the Rajya Sabha Secretariat for being laid on the Table of the
Rajya Sabha simultaneously with its presentation to the Lok Sabha. In case the
Rajya Sabha is not in session on that day, it is laid on the Table of that House on the
day it reassembles.
If the Lok Sabha is not in session on the date fixed for the presentation of the
report, the report is presented to the Speaker. In such cases, the Speaker arranges to
have the report laid on the Table as early as possible after the House reassembles
432
.
Extension of time for Presentation of the Report
The motion for reference of a Bill to a Select or a J oint Committee invariably
mentions a specific date
433
or gives an indication of the time by which the report is
to be presented to the House
434
. If, however, the House does not prescribe any time
for the presentation of the report, the report is required to be presented before the
expiry of three months from the date on which the House adopts the motion for
reference of a Bill to the Committee
435
. If at the time of consideration of the motion
for reference of a Bill to a Select or J oint Committee, or in exceptional circumstances,
soon after the adoption of such motion, it is considered necessary to alter the date of
presentation of the report of the Committee, alteration is made through an amendment
to the motion, moved in and adopted by the House
436
.
Alteration in the date of presentation made through an amendment to the motion
for reference of a Bill to Select or J oint Committee is distinct from a motion seeking
extension of time for presentation of a report when the Committee finds itself unable
to present the report by the appointed date.
Whenever the progress of a Committee in regard to a Bill is such that the
presentation of the report to the House is likely to be delayed, the matter is brought
430. Dir. 92.
431. The copy is authenticated by the officer attached to the Committee.
432. Dir. 80(2).
433. See for instance, L.S. Deb., 14-8-1961, cc. 2218-20.
434. L.S. Deb., 1-5-1961, cc. 14702-03; 5-5-1961, cc. 15819-20.
435. Rule 303(1), First Proviso.
436. L.S. Deb., 24-8-1956, cc. 4339 and 4370; 25-8-1956, cc. 4400-02.
to the notice of the Speaker as soon as it becomes clear to the Chairman that such
delay is likely to occur. The Chairman briefly states the circumstances necessitating
delay, his estimate of the time required to complete the work and any other matter
which, in his opinion, may be brought to the notice of the Speaker
437
. Thereafter, the
Committee authorises the Chairman, or in his absence any other member of the
Committee, to move in the House for extension of time for the presentation of the
report to a definite date which is to be specified in the motion
438
. One day before the
day on which the motion for extension of time is to be moved in the House, a
memorandum giving reasons for asking extension of time duly signed by the Chairman
of the Committee is circulated to all members. Where it is not feasible or necessary
to call a sitting of the Committee merely for authorising the Chairman to move for
extension of time, the Chairman, on his own, after informing the Speaker, moves the
motion in the House for an extension of time. The date up to which the time for
presentation of the report of the Committee is sought to be extended is specified in
the motion on a reasonable presumption that the House would be in session on that
date
439
.
If need is felt by the Committee for extension of time for the presentation of
the report and the House is not in session at that time and is also not to assemble till
after the expiry of the date fixed for the presentation of the report, the Chairman, on
being authorised by the Committee in that behalf, approaches the Speaker who grants
the necessary extension of time on behalf of the House and informs the House as soon
as it reassembles
440
.
The motion for extension of time is included in the List of Business on or before
the date originally fixed for the presentation of the report to suit the convenience of
the Chairman of the Committee. As the motion for extension of time is a formal
matter, usually no discussion on the motion takes place in the House. However, it is
open to the House to discuss the motion
441
. In the case of a J oint Committee, after
the motion is adopted by the House, the Rajya Sabha is informed of it through a
message.
A Committee may be granted more than one extension of time for the presentation
of the report
442
.
437. Dir. 79(2).
438. Dir. 80(1), L.S. Deb., 20-11-1961, c. 185.
439. Dir. 80(2).
440. See, for instance LS. Deb., 21-11-1955, c. 5.
441. L.S. Deb., 28-8-1961, cc. 5204-05; and 29-8-1961, c. 5503.
442. The J oint Committee on the Religious Trusts Bill, 1960, was granted extension four times.
L.S. Deb., 18-11-1960, c. 1094; 28-2-1961, c. 2188, 29-8-1961, c. 5503 and 7-12-1961, c. 3847.
The J oint Committee on the Lokpal Bill, 1985, was granted seven times. L.S. Deb., 12-3-1986,
c. 26; 23-7-1986, c. 298, 4-12-1986, cc. 347-48, 30-4-1987, cc. 354-55, 19-8-1987, 7-12-1987
and 10-5-1988.
The J oint Committee on the Railways Bill, 1986 was granted extension four times.
L.S. Deb., 27-2-1987, cc. 249-50, 25-8-1987, c. 313, 2-12-1987, c. 226 and 5-5-1988, c. 33.
Printing and Distribution of Copies of the Report
Immediately after the report has been presented to the House, a few typed or
cyclostyled copies of the report are placed in the Library for reference by members.
Copies are also supplied to the press representatives at the same time.
Committee on Papers Laid on the Table
During every session, Government lays before Parliament a number of
notifications, reports, audited accounts and other papers either in pursuance of
constitutional/statutory provisions or suo motu to inform the members of Parliament
on various matters. While some of these reports/papers used to be referred to different
Parliamentary Committees, including the Committee on Subordinate Legislation, bulk
of them remained largely unattended to until the constitution, in J une 1975, of a
separate Committee on Papers Laid on the Table.
Composition and term
The Committee consists of not more than 15 members nominated by the Speaker
for a term not exceeding one year
443
.
The Committees term is one year from the date of its constitution. The Chairman
of the Committee is appointed by the Speaker from amongst the members of the
Committee.
Scope and functions
The functions of the Committee are
444
to examine all the papers laid on the
Table of the House by Ministers 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; and
(e) whether a statement explaining the reasons for not laying the Hindi version
has been given and whether such reasons are satisfactory.
A provision has also been made
445
in the rules that a member wishing to raise
any of the matters which come within the functions of this Committee shall refer it
to the Committee and not raise it in the House.
443. Rule 305A.
444. Rule 305B.
445. Rule 305C.
Procedure of Working
As and when papers are laid on the Table, the Secretariat examines them and
selects those (particularly the annual reports/audit reports of various organisations) in
which there has been an apparent delay on the part of Government in laying them on
the Table of the House. The Ministry concerned is then addressed in the matter with
a view to ascertaining the facts of the case, including the reasons for the delay in
laying the paper on the Table of the Houses, etc. On receipt of the reply from the
Ministry the matter is placed before the Committee in the form of a Memorandum.
In case the Committee required further information on any point arising out of the
Governments reply, the officials of the concerned Ministry may be called upon to
tender evidence before the Committee. In an appropriate case, the Committee may
also undertake an on-the-spot study tour. Finally, on the basis of the information thus
gathered, the Secretariat prepares a draft report for the consideration of the Committee.
The report, after it is adopted by the Committee, is presented to the House by the
Chairman or in his absence by any other member so authorised by the Committee.
The main guidelines laid down by the Committee in respect of laying of papers
on the Table of the House are:
(i) All autonomous organisations/companies, etc. should lay their annual
reports/audit reports within 9 months after the close of the accounting year
unless otherwise stipulated in the relevant act or rules, etc. And if for any
reason these reports cannot be laid within the stipulated period the Ministry
should lay within 30 days of expiry of that period of 9 months or as soon
as the House meets, whichever is later, a statement explaining the reasons
why the report and accounts could not be laid within the prescribed
period
446
,
(ii) autonomous organisation which lay only their annual reports should do so
within 6 months after the close of the accounting year
447
,
(iii) The administrative Ministries should prepare and lay along with the annual
reports/audit reports, their own Review on the working of the organisations
or undertakings under their control, bringing out clearly the achievements
or shortcomings of those organisations. Where Government are in agreement
with the information given in the report, Government should lay along
with the report a statement saying that they are in agreement with the
report and hence no review is being laid
448
.
(iv) All organisations which are financed out of the funds drawn from the
Consolidated Fund of India wholly or partly should lay their annual reports/
audit reports before both the Houses of Parliament irrespective of the fact
whether the rules of such organisations provide therefor or not. The
Government should also consider the feasibility of amending the relevant
rules/statutes, etc. of organisations to make it obligatory on the part of the
446. 2R (CPL-5LS), para 4.16.
447. 1R (CPL-5LS), para 1.17.
448. 2R (CPL-5LS), para 4.18.
Ministry concerned to lay the reports of such organisations within nine
months of the close of the accounting year
449
.
The societies/organisations receiving one time assistance of Rs. 50 lakh or
above should lay their annual reports and audited accounts before Parliament. In the
case of societies receiving one time assistance of Rs. 10 lakh and below Rs. 50 lakh,
all the Ministries/Departments of Government of India should include in their own
annual reports a statement showing the quantum of funds provided to each of these
societies and the purpose for which the funds were utilised for the information of
members of Parliament
450
.
The Voluntary Organisations receiving recurring grants-in-aid to the tune of
Rs. 25 lakh and above should lay their Annual Reports and Audited Accounts before
Parliament within nine months of the close of the succeeding financial year. In case
of private and voluntary Organisations receiving recurring grants-in-aid from Rs. 10
lakh to 25 lakh, all the Ministries/Departments of the Government of India should
include in their Annual Report a statement showing the quantum of funds provided
to each of these organizations and the purpose for which they were utilized for the
information of Parliament
451
.
Committee on Petitions
At the commencement of the Lok Sabha, or from time to time, as the case may
be, the Speaker nominates a Committee on Petitions
452
. The Committee holds office
for the period specified by the Speaker or until a new Committee is constituted.
However, as per practice, at the end of the one-year term of the Committee, the
Speakers orders are taken whether to reconstitute the Committee or to allow the same
Committee to continue in office.
The Committee consists of not less than 15 members, nominated in proportion
to the strength of the Parties and Groups in the House so as to make it representative
of all shades of opinion in the House
453
.
The Committee on Petitions is one of the oldest Committees of the
House and dates back to the Legislative Assembly of the pre-Independence
era. It owes its origin to a resolution moved by a member in the then Council
of State on 15 September 1921
454
. The resolution called for the setting up
of a Committee on public petitions with powers to take evidence. The matter
was examined by a Committee appointed by the Government. This Committee
did not favour giving to the Legislature the powers proposed in the resolution.
The right of petitioning the Legislature, limited to public business, was,
449. 2R (CPL-6LS), paras 1.12 and 1.14.
450. 20R (CPL-10LS), para 1.9.
451. 19R (CPL-14 LS) para nos. 1.10 and 1.12
452. Rule 306.
453. See Chapter VIIIParliamentary Functionaries, re: Procedure adopted for appointment of aChairman
of a Committee.
454. C.S. Deb., 15-9-1921. Vol. II, p. 197.
however, recommended by it
455
, and in pursuance of this recommendation,
Speaker Whyte constituted the Committee on 20 February 1924
456
. Its strength
was fixed at five and remained unchanged until early 1954. In April of that
year, its strength was raised to fifteen in order to provide adequate
representation to all Parties and Groups in the House. The Committee was
known as the Committee on Public Petitions until 1933, when its name was
changed to Committee on Petitions.
Functions
The Committee examines every petition which after presentation to the
Lok Sabha stands referred to it
457
. It is the duty of the Committee to report to the
House on specific complaints made in the petitions after taking such evidence as it
deems fit, and to suggest remedial measures either in a concrete form applicable to
the case under review or to prevent such cases in future
458
. The Committee may also
direct that the petition be circulated in extenso or in summary form to all members
of the House
459
. In the case of petitions on matters of general public interest the
Committee examines the suggestions made therein, calls for factual comments from
the Ministries concerned, where necessary, and makes suitable recommendations in
its report to the House.
The Committee also considers representations, including letters and telegrams
from various individuals and associations, which are not covered by the Rules relating
to petitions, and gives directions for their disposal
460
. It does not consider anonymous
letters or letters on which names and/or addresses of senders are either not given or
are illegible, or letters which do not contain any specific prayers. The Committee does
not also take into consideration endorsement copies of letters addressed to persons or
authorities other than the Speaker or the House unless there is a specific request on
such a copy praying for redress of the grievance. Such anonymous letters or
endorsement copies are summarily filed in the Secretariat
461
.
After a petition has been presented to the House, a serial number is allotted to
it and the petition stands referred to the Committee
462
. A memorandum is then prepared
by the Secretariat for the consideration of the Committee.
455. Report of the Committee on Public Petitions, 1922, paras 9-13. The Report was published in
Gaz. (1), 1-4-1923, pp. 334-38.
456. L.A. Deb., 20-2-1924, p. 817.
457. Rule 169. However, in the case of a petition on a Bill pending before a Select or J oint Committee,
the petition is referred to that Committee without being presented to the House and the petitioner
is informed accordingly. Dir. 38(3).
458. Rule 307(3).
459. Rule 307(l) and (2). In practice, the Committee directs circulation of only those petitions which
deal with Bills or other matters pending before the House.
460. Dir. 95. Pursuant to the observations made by the Speaker [vide (CP-1L.S.), Appendix VII], the
Committee commenced considering representations with effect from25 April 1956. In its report
to the House, the Committee does not give any details about the representations considered.
461. Dir. 95, Proviso.
462. Rule 169. Fromthe Sixth Session of the First Lok Sabha, 1954, petitions on Bills pending before
the House are allotted consecutive serial numbers during the lifetime of each Lok Sabha and are
not separately printed as papers to the relevant Bills.
Sittings
When the date and hour of a sitting of the Committee have been fixed, notice
thereof, along with the agenda to be considered by the Committee, is circulated well
in advance of the date so fixed. The items of the agenda for a sitting are arranged in
the following order:
admitted petitions presented to the House; memoranda on the admitted
petitions; memoranda on implementation of the recommendations of the
Committee contained in its earlier reports; and memoranda on important
representations, if any.
If at any sitting of the Committee a petition relating to a Bill sponsored by the
Chairman of the Committee is to be considered, the Speaker appoints another member
to act as the Chairman for that particular sitting.
In the case of a petition received on a Bill which is under discussion in the
House or is likely to be taken up immediately for discussion or which is likely to be
passed by the House on the day of presentation of the petition, the Committee meets
immediately to consider it
463
. In such cases as also in respect of a petition on any
other matter connected with the business pending before the House, the Committee,
as a rule, does not make a separate inquiry or submit its recommendations to the
House, but directs that the petition, where it complies with the rules, be circulated to
members in extenso or in summary form
464
.
Discussion on a Bill is not barred if certain petitions against that Bill
are pending before the Committee
465
.
The sittings of the Committee are held in private
466
. At such sittings, the
Committee deliberates or occasionally examines witnesses according to the agenda
circulated in advance. When the Committee deliberates, all persons other than the
members of the Committee and officials of the Secretariat have to withdraw
467
. When
the Committee is taking evidence, members other than the members of the Committee
may watch the proceeding of the Committee with the permission of the Chairman.
If the Committee feels that a member other than a member of the Committee
can be of assistance to it because of his connection with, or special knowledge of, the
facts stated in the petition or representation, he may be invited to attend the sitting
of the Committee under orders of the Chairman
468
. Such members withdraw as soon
as they have rendered the necessary assistance to the Committee.
463. Dir. 94.
464. L.S. Deb., 3-5-1963, cc. 13624-25; 6-5-1963, cc. 14013-15.
465. Ibid., 21-12-1964, cc. 5995-6005.
466. Rule 266.
467. Rule 268. As an exception, when the Committee was deliberating on representation regarding the
rationalisation scheme of N.E. Railway, the officials of the Ministry of Railways were, on
17 February 1959, permitted by the Chairman to take part in a preliminary discussion after their
evidence was over.
468. Dir. 57.
Contents of Report
The report is drafted on the basis of the minutes of the sittings of the Committee.
The introductory paragraphs give the number and dates of the sittings held since the
presentation of the last report, the subject-matter of the petitions considered at these
sittings in chronological order, the date of adoption of the report, etc. The report then
deals in detail with the petitions examined by the Committee. It gives the date of
presentation and name of the member presenting the petition
469
. Thereafter, the specific
grievance or complaint of the petitioner and arguments advanced by him to reinforce
his plea are enumerated. Wherever comments of the Ministry concerned, of a factual
nature, have been obtained for the perusal of the Committee, a summary thereof is
incorporated. In conclusion, the decision of the Committee or its recommendation in
regard to the disposal of the petition or its suggestion about remedial measures either
in a concrete form applicable to the case under review or to prevent such cases in
future, is given.
Other matters considered by the Committee and dealt with in their report include
action taken by the Government on the recommendations of the Committee contained
in their earlier reports or the decisions of the Committee to pursue their
recommendations with the Government in spite of the difficulties pointed out by the
Government in implementing them or to accept the reply of the Government explaining
the reasons for non-implementation of certain recommendations.
The report also makes a mention of the total number of representations received
from various individuals, associations, etc. which are inadmissible as petitions to the
House but have been considered by the Committee at their sittings held during the
period under report
470
. Where the Committee feels that facts arising out of a
representation ought to be brought to the notice of the House, a mention of it is made
in the report with suitable recommendations
471
. In the end, the report gives the number
of cases in which, through the Committees intervention, petitioners have been granted
speedy or due relief
472
.
No minute of dissent can be submitted or appended to the report of the
Committee
473
.
Nature of Recommendations
In the case of petitions on Bills or other matters pending before the House, the
Committee generally does not make any recommendations but circulates the petitions
in extenso or in summary form to the members of the House and makes a report to
the same effect giving the dates on which the petitions were circulated
474
. Where,
469. In case a petition is reported by the Secretary-General, it is so stated for details re. presentation
of petitions, see Chapter XXXIII, under this heading.
470. This practice of including other matters in the reports began with the First Report of the Committee,
during the Second Lok Sabha.
471. See 10R (CP-2LS).
472. Ibid.
473. Dir. 68(3).
474. Min. (CP-1LS), 28-7-1956.
however, adequate time is available before the subject matter of the petition is to be
taken up in the House, the Committee examines the petition in detail and makes a
suitable recommendation thereon to the House.
In the case of petition on matters of general public interest
475
, the Committee
reports to the House giving the facts as stated by the petitioner, the comments of the
Ministry concerned obtained thereon, and their conclusions or recommendations.
The recommendations of the Committee may be:
that the petitioners suggestion(s) in toto ought to be implemented; or
that the petitioners suggestions in the form modified by or acceptable
to the Committee ought to be implemented; or
that no action is necessary on the petition since the facts or comments
furnished by the Ministry concerned or the action taken by the Government
meet adequately the petitioners points, or the Committee are in agreement
with the Governments views, or the suggestions would not be feasible as
they involve undue additional financial burden on, or heavy loss to, revenue
or would hurt the countrys economy; or
that remedial measures either in a concrete form applicable to the
case under review or to prevent such cases in future might be taken.
Action to Implement Recommendations
After the report of the Committee has been presented to the House, copies
thereof are forwarded to the Ministries concerned with the subject-matter of the
recommendations made by the Committee. The Ministries are required to furnish to
the Secretariat statements of actions taken or proposed to be taken by them on the
recommendations. The information so received is placed before the Committee in the
form of a memorandum.
When the Ministry concerned has implemented the recommendations or taken
action in implementation thereof, that fact is reported by the Committee to the House.
Where a Ministry feels any difficulty in implementing some or all of the recommen-
dations of the Committee, it makes a submission to the Committee pointing out the
obstacles in the way of implementation of the recommendation(s). The Committee
may either accept the replies or decide to press the recommendations. The decision
of the Committee is included in its report to the House.
Representations to the Committee
Public bodies, associations or individuals can submit representations to the
Committee on any matter within the jurisdiction of the Lok Sabha
476
.
475. For details regarding matters of general public interest, see the relevant footnote in
Chapter XXXIIIPetitions and Representations, under the heading Scope of Petitions.
476. For details, see Chapter XXXIIIPetitions and Representations, under the heading Representations.
A representation relating to a Bill pending before a Select or J oint Committee
is forwarded to that Committee, like petitions on Bills, without being placed before
the Committee on Petitions
477
. Other representations on matters within the purview of
the Government of India are placed before the Committee.
Where the Committee feels that there is a prima facie genuine grievance,
it directs in the first instance that facts might be obtained from the Ministry
concerned, and after considering the reply of the Ministry, or getting further
clarification from the Ministry or the petitioner, the Committee directs that
the petitioner might be informed suitably of their decision
478
; where the
Committee feels that though the grievance appears to be genuine it is not of
general public importance, it directs that the representation in original be
forwarded to the Ministry concerned for disposal after due consideration.
The Committee does not usually call for facts from the Ministry
concerned if the representations relate to minor or trivial matters. After
considering the representations or the facts thereon whenever these have
been obtained under their directions, the Committee where it feels that the
grievance ventilated in the representation is genuine but decided not to take
it up with the authorities, directs that the representation might be forwaraed
in original to the Ministry concerned
479
for disposal and the petitioner is also
apprised accordingly; and where in its opinion the grievances are trivial or
purely personal and do not require its intervention, the Committee invariably
directs that these might be filed
480
.
Before disposing of representations, the Committee may invite the petitioner(s)
to appear before them and explain their grievances and the remedy sought for.
Thereafter, the Committee usually calls the representatives of the concerned Ministry
for evidence. On the basis of information collected from the petitioner and the Ministry,
the Committee makes a report to the House with suitable recommendations in regard
to the representation and may also suggest remedial measures to be taken to alleviate
the grievances/complaints of general public importance. The Committee also watches
the implementation of its recommendations made through various reports and may
present Action Taken Reports to the House
481
.
Public Accounts Committee
The Lok Sabha, having voted large sums of the tax-payers money, does in the
interest of the tax-payers expects in due course a detailed account of how the moneys
have been spent. It must satisfy itself that the moneys so voted were directed to the
intended purpose and were spent prudently and economically. The Comptroller and
Auditor-General examines
482
the yearly accounts of the Government and after scrutiny
477. Dir. 38(3), Second Proviso.
478. Min. (CP-2LS), 9-9-1957.
479. Ibid., 8-4-1959.
480. Ibid., 12-8-1959, 14-8-1959 and 20-8-1959.
481. See, for instance, 10R (CP-2LS); 5R, 6R, 7R (CP-8LS).
482. Art. 149.
certifies the accounts, subject to such reservations as he chooses to make, and submits
his reports to the President who causes them to be laid before the Parliament
483
. It
is difficult, if not impossible, for the Lok Sabha to examine in detail the accounts
which are complex and technical; further, it cannot spare the time required for such
examination. The Lok Sabha has, therefore, constituted a Committeethe Committee
on Public Accountsand entrusted it with the detailed examination of those accounts.
Composition
The Committee consists of not more than fifteen members from the Lok Sabha
and seven members from the Rajya Sabha
484
who are elected by the respective House
every year from amongst its members according to the principle of proportional
representation by means of the single transferable vote. A Minister is not elected a
member of the Committee, and if a member, after his election to the Committee, is
appointed a Minister, he ceases to be a member of the Committee from the date of
such appointment
485
.
The term of office of members of the Committee is one year
486
; it can, however,
be extended in a special case by a motion adopted by the House
487
. A new Committee
is elected every year before the expiry of the term of office of the outgoing Committee,
but it enters upon office only on the expiry of the term of the previous Committee.
Usually the Committee is set up in May every year and its term expires on April 30
of the following year.
The first Committee set up in 1921 under the Montague-Chelmsford
Reforms of 1919 consisted of 12 members out of which 8 were elected by
the non-official members of the Central Legislative Assembly according to
the principle of proportional representation by means of the single transferable
vote. Of the members elected at the time of constitution of the Committee,
not less than half, selected by lot, were to retire on the expiry of one year
from the date of their election and the rest on the expiry of the second year
from the date. The retiring members were eligible for re-election
488
. Three
members were nominated by the Governor-General. The Finance Member
was the Chairman of the Committee, and in the case of an equality of votes
on any matter, he had a second or casting vote
489
. From 1950, when the
Constitution came into force, the strength of the Committee was raised to
15 members and all were elected from amongst the members of the
483. Art. 151.
484. Since 1954-55, seven members of the Rajya Sabha have been associated with the Committee.
485. Rule 309(1).
486. Rule 309(2).
Pursuant to the recommendation made by the Second Conference of Chairmen of Public Accounts
Committees on 14 March 1959, a convention has been adopted by Parties and Groups in Parliament
whereby no member is normally elected to the Committee for more than two consecutive terms.
487. L.S. Deb., 20-3-1968, cc. 1828-33.
488. Indian Legislative Rules, 1938, rule 51(4).
489. Indian Legislative Rules, 1921, rule 51(2) and (3).
Lok Sabha. Since 1954-55 the Committee consists of 22 members, 15 from
the Lok Sabha and 7 from the Rajya Sabha.
In the beginning, the term of the Committee was for a period of three
years, coinciding with the life of the Assembly. By an amendment to the
Indian Legislative Rules in 1933, it was provided that when the duration of
the Legislative Assembly was extended beyond the period of three years, a
new Committee would be constituted at the end of the said period of three
years as if a new Assembly had commenced
490
.
Casual vacancies occurring in the Committee are filled on a motion moved in
the House concerned. The motion in the Lok Sabha is moved by the Chairman of the
Committee, and in the Rajya Sabha by a member of the Committee from that House.
Members elected to fill the casual vacancies serve for the unexpired term of the
Committee.
When any member of the Committee from Rajya Sabha retires under the
provisions of the Constitution
491
from that House, the vacancy caused in the Committee
by such retirements is filled by nominating another member from that House. In such
cases a motion is moved in the Lok Sabha recommending to the Rajya Sabha that they
do agree to nominate another member from that House to associate with the Committee
for the unexpired term of the Committee. The Lok Sabha is officially informed through
a message about the name of the member appointed by that House. On retirement
from the Rajya Sabha if the member is re-elected to that House, he is eligible for
membership of the Committee again.
Up to the year 1949-50, casual vacancies in the Committee were filled
by election according to the principle of proportional representation by means
of the single transferable vote by the non-official members of the Assembly,
if the member who vacated the seat had been an elected member. If the
vacancy occurred by the vacation of a seat by a nominated member, it was
filled by nomination by the Governor-General. A member elected or nominated
to the casual vacancy held office for the period for which the person in
whose place he has been elected or nominated would have normally held
office
492
.
Chairman of the Committee: The Chairman of the Committee is appointed by
the Speaker from amongst the members of the Committee
493
and his term of office
is one year, as that of the Committee. Up to the end of the Third Lok Sabha, the
Chairman of the Committee had been chosen from the majority party in Parliament.
However, in 1967, a member of the Opposition Group (Swantantra) was, for the first
time, appointed Chairman of the Committee and the practice has since continued.
491. Art. 83(1).
493. Rule 258(1).
The Finance Member of the Governor-Generals Executive Council
was the Chairman of the Committee when it was set up for the first time in
1921. The term of office of the Chairman was co-terminus with the term of
the Committee (which was three years)
494
. The Finance Member/Minister
ceased to act as the Chairman of the Committee in 1950 when the Constitution
came into force, and the secretarial functions of the Committee which till
then were in the hands of the Ministry of Finance were also taken over by
the Parliamentary (now Lok Sabha) Secretariat.
Functions
The main functions of the Committee are to examine the Appropriation Accounts
showing the appropriation of sums granted by Parliament for the expenditure of the
Government of India, the annual Finance Accounts of the Government of India and
such other Accounts laid before the House as the Committee may think fit
495
. In
scrutinising the Appropriation Accounts of the Government of India and the report of
the Comptroller and Auditor-General thereon, the Committee has to satisfy itself: that
the moneys shown in the accounts as having been disbursed were legally available
for, and applicable to, the service or purpose to which they have been applied or
charged; that the expenditure conforms to the authority which governs it; and that
every reappropriation has been made in accordance with the provisions made in this
behalf under the rules framed by competent authority
496
.
The Committee has also
497
to
examine the statement of accounts showing the income and expenditure
of State corporations, trading and manufacturing schemes, concerns and
projects together with the balance sheets and statements of profit and loss
accounts which the President may have required to be prepared or are prepared
under the provisions of the statutory rules regulating the financing of a
particular corporation, trading or manufacturing scheme or concern or project
and the report of the Comptroller and Auditor-General thereon (excluding
such public undertakings as have been allotted to the Committee on Public
Undertakings)
498
;
examine the statement of accounts showing the income and expenditure
of autonomous and semi-autonomous bodies, the audit of which may be
conducted by the Comptroller and Auditor-General of India either under the
directions of the President or by a statute of Parliament
499
; and
495. Rule 308(1).
496. Rule 308(2).
497. Rule 308(3).
498. Pursuant to a resolution adopted by the House on 20 November 1963, the Committee on Public
Undertakings was set up with effect from 1 May 1964. For details, see this Chapter, under
Committee on Public Undertakings.
499. The Committee examined the Audit Report on the Accounts of the Damodar Valley Corporation
[18R, 20R (PAC-1LS)], the Delhi Road Transport Authority, [3R, 5R, 14R (PAC-2LS)], and the
Accounts, etc. of a number of Statutory Corporations and Government Companies.
consider the report of the Comptroller and Auditor-General in cases
where the President may have required him to conduct an audit of any
receipts or to examine the accounts of stores and stocks.
Excess Expenditure
If any money has been spent on any service during a financial year in excess
of the amount granted by Parliament for that purpose, the Committee examines with
reference to the facts of each case the circumstances leading to such an excess and
makes such recommendations as it deems fit
500
. If considered necessary, the Committee
submits a separate report on excesses
501
. The report sets out the various excesses with
the reasons for them, and states the objections, if any
502
, to their being approved. If
the Committee has recommended the regularisation of the excesses, Demands for
Excess Grants are presented to the House and the Minister of Finance, Railways or
both as the case may be approaches the House for grants/appropriations to cover the
excess expenditure
503
.
In order to expedite the regularisation of excesses over grants, the
Committee has recommended that the Comptroller and Auditor-General should
report these excesses to Parliament in advance of his Audit Report on the
Appropriation Accounts
504
.
Nature and Scope of Examination
The functions of the Committee extend beyond the formality of expenditure to
its wisdom, faithfulness and economy. The Committee thus examines cases involving
losses, nugatory expenditure and financial irregularities. When any case of proved
negligence resulting in loss or extravagance is brought to the notice of the Committee,
the Ministry concerned is called upon to explain as to what action, disciplinary or
otherwise, has been taken to prevent a recurrence. In such cases the Committee also
records its opinion either disapproving the action of the Government or passing
strictures against the extravagance or lack of proper control by the Ministry or
Department conerned
505
.
Another important function of the Committee is the discussion of points of
financial discipline and principle
506
.
500. Rule 308(4).
501. The Committee have presented a number of separate reports, e.g., 21R, 24R (PAC-1LS); 2R, 9R,
10R, 16R, 23R, 27R (PAC-2LS).
502. There has been no such case so far.
503. Vide art. 115. Though there was no express statutory provision in this regard prior to 1950, the
Public Accounts Committee (1921-23) made an important recommendation on the subject;
The excess would in the first instance be examined by the Public Accounts Committee
and in making a demand for an excess grant, Government would place before the Assembly
any recommendation that the Committee might desire to make.
504. 21R (PAC-1LS), para 8.
505. See 7R, 17R, 22R (PAC-1LS) and 17R (PAC-2LS).
506. See 3R (PAC-1LS) and 8R (PAC-2LS).
The Committee is not concerned with questions of policy in the broad sense.
As a rule, it expresses no opinion on points of general policy, but it is within its
jurisdiction to point out whether there has been extravagance or waste in carrying out
that policy
507
.
Since one of the functions of the Committee is to act as the check on unwise
methods of expenditure, it undoubtedly possesses the power, if necessary, to intervene
in matters of administration and to examine the systems under which the Ministries
work. Such intervention is, however, rare. The Committee usually concentrates on the
general control to secure economy and leaves questions of internal administration to
the Ministry concerned
508
. It can nevertheless call attention to weak points in the
administration itself, leaving it to the Ministry to remedy them
509
.
The functions of the Committee, set up under the Indian Legislative
Rules in 1921, were confined to the scrutiny of the audited and appropriation
accounts of the Governor-General in Council, with a view to satisfying itself
that the money voted by the Assembly had been spent within the scope of
the demand granted by the Assembly. The Committee was also to bring to
the notice of the Assembly every reappropriation from one grant to another
grant; every reappropriation within a grant which was not made in accordance
with rules prescribed by the Finance Department; and all expenditure which
the Finance Department had asked for
510
.
The Committee in the early period of its work was not entrusted with
the examination of accounts relating to defence expenditure as that expenditure
was non-voted. In 1923, however, it was decided to submit a copy of the
Auditor-Generals report on defence accounts to the Committee for information
only. Subsequently, a decision was taken to subject the report of the Auditor-
General to the scrutiny of a Departmental Committee (called the Military
Accounts Committee), consisting of the Finance Member, the Finance
Secretary and the Army Secretary, and to place the report of this Committee
before the Public Accounts Committee which the latter could incorporate in
its own report.
The constitutional position of the Committee on Public Accounts was
examined in 1926 and a conclusion was reached that the Committee was
entitled to consider and offer comments on the Audit and Appropriations
Report and the Auditor-Generals report relating to the expenditure, voted or
non-voted, or receipts. The defence expenditure thus came under the
jurisdiction of the Committee. But the Military Accounts Committee continued
to examine the defence accounts as before prior to their submission to the
Public Accounts Committee. In 1931, on the recommendations of the Public
Accounts Committee, the Military Accounts Committee was reconstituted to
507. Dir. 98; see also 4R, 25R (PAC-1LS) and 18R (PAC-2LS).
508. Verbatim Progs. P.A.C. 23-7-1959, Chairmans observations.
509. 1R (PAC-1LS), para 39; 6R (PAC-1LS), para 85; 11R (PAC-1LS), para 90; 13R (PAC-1LS),
para 57; and 20R (PAC-1LS), para 35.
510. Indian Legislative Rules, 1921, rules 52(1) and (2).
consist of the Finance Member as Chairman, the Finance Secretary and three
non-official members nominated by the Public Accounts Committee from
amongst its members. The Military Accounts Committee so reconstituted
continued to function till 1947. The defence expenditure having become a
voted expenditure, thereafter, the Appropriation Accounts of the Defence
Services and Audit Reports thereon were considered and dealt with by the
Committee as a whole in the same way as other voted expenditure and the
ad hoc Military Accounts Committee ceased to function.
Examination of Revenue Matters
The receipts of the Customs Department had been a subject of Audit scrutiny
since 1929. The Audit of receipts from Union Excise, Corporation Tax and Income
Tax had been taken up on a permanent basis by the C&AG only from 1 April 1961.
The First Report on the Audit of these Revenue Receipts was given by the C&AG in
his Audit Report (Civil), 1962. A beginning was made by the Public Accounts
Committee (1962-63) towards examination of these receipts and it presented a separate
Report on the subject, namely, the sixth Report (Third Lok Sabha). The practice of
scrutinising the Reports of the C&AG on Revenue Receipts has since been followed
regularly by the Committee which now examines various aspects of Governments tax
administration, including cases involving under-assessment, tax evasion, non-levy of
duty, mis-classification, etc.
Examination of Reports of Comptroller and
Auditor-General before their Presentation to Parliament
The Committee can examine the Audit Report even before it is presented to
Parliament but the Committee cannot submit any report thereon to the House until the
relevant Accounts and Audit Reports are formally laid before Parliament
511
.
Examination of cases not included in the
Reports of Comptroller and Auditor-General
The Committee has of its own accord inquired into the various irregularities
which have become public or which have been brought to the notice of the Government,
even though no formal Audit Report was presented on the subjects
512
.
511. In 1950, in consultation with the Ministries of Finance and Law, it was decided that the
Appropriation Accounts and Audit Reports thereon be circulated to members of Parliament, pending
their presentation to Parliament. As regards the question whether the Public Accounts Committee
can proceed to examine those documents, Speaker Mavalankar decided that the Committee should
examine themat that stage, as this would give themmore time to do the work but they could not
submit any report thereon to the House until the relevant Accounts and Audit Reports were
formally laid before the House.
512. For instance, the Committee of 1953-54 considered the report of the Fertilizer Enquiry Committee
by J ustice Rajadhyaksha, the report of the Enquiry into the purchase and utilisation of agricultural
implements froma firmby N.V. Divatia12R (PAC-1LS); the report of a Departmental Committee
(known as the Champhekar Committee) appointed by the Government of India to took into the
affairs of the Mahanadi Bridge-11R (PAC-1LS).
During 1958-59, the Public Accounts Committee examined the working of two
Cess Funds
513
Coal Mines, Labour Safety and Conservation Fund and Coal Mines,
Labour Housing and General Welfare Fund, even though there was no mention about
these funds in the Audit Report. Similarly, matters regarding unauthorised import of
infected hop plants; foreign participation and collaboration in a number of medical
and agricultural research projects and experiments carried out in India; tax evasion by
a foreign bank; planning process and monitoring mechanism in relation to irrigation
projects; time and cost overrun in the development and production of the Main Battle
Tank; impact on the central excise duty concessions in respect of manmade fibres and
yarn granted in the Budget, 1988 on prices; alleged unauthorised importations of
plant and machinery; misdeclaration and under-invoicing of goods by a textiles
manufacturer, etc., were examined
514
by the Committee without these being based on
audit paragraphs. The Public Accounts Committee (1995-96 and 1996-97) also selected
the subject of Privatisation of Bailadila Iron Ore Mines for detailed examination on
the basis of observations made by the Speaker during the course of a debate on this
subject in the Lok Sabha. In view of the severe hardships and the inhuman conditions
faced by the lakhs of devotees thronging the hill shrine of Sabarimala the Public
Accounts Committee (2003-2004) selected the subject Pilgrimage to Sabarimala
Human Problems and Ecology for detailed examination and presented its Report
515
to Parliament.
Examination of cases referred to the Committee
In 1986, the Chairman, Rajya Sabha made a reference to the Public Accounts
Committee to examine the propriety of the Government issuing and laying certain
notifications seeking exemption from levy of customs and Central Excise Duties on
the eve of the Budget, 1986. The Committee examined the issue in-depth and furnished
a reply to the Chairman, Rajya Sabha giving their comments on the reference. On
11 November 1986, the Chairman, Rajya Sabha made an announcement in the House
on the observations of the Committee received by him.
The Committee also examined a specific case in pursuance of a reference made
by the Speaker, Lok Sabha, on a specific request made to him by the Minister of
Finance for making a comprehensive inquiry into all aspects of the issue relating to
refunds of Central Excise Duties in cases of unjust enrichment, and presented a
Report
516
thereon.
A recent feature of working of the Committee has been its detailed evaluation
of performance of the executive in implementing nation-wide development programmes
affecting vast segments of the population. The Committee has produced
517
reports on
513. The Committee (1958-59) appointed a Sub-Committee on Cess Funds which submitted two
reports (19 and 20). These reports, after adoption by the main Committee, were presented to
Parliament.
514. The Committee presented 136, 167 & 176 Reports (5 LS), 141 (7 L.S.), 68, 156 and 164 Reports
on these subjects.
515. The Committee presented 63 Report (13LS) and 18 (14 LS) on the subject.
516. 22R (9 LS).
517. The Committee presented 88, 90, 141, 175, 219 Reports (7 LS); 91 and 94 Reports
(8 LS), respectively, on these subjects.
National Highways; Food for Work programme; Planning process and monitoring
mechanism in relation to irrigation projects; Drought prone area programme; District
Industrial Centres; IRDP; NREP; Central Pollution Control Board; J anata Cloth
Scheme; National Cancer Control Programme, etc. In the recent years the Committee
examined and presented Reports
518
on Ganga Action Plan; National Scheme of
Liberation and Rehabilitation of Scavengers and their Dependents; National AIDS
Control Programme; Department of Ayurveda, Unani, Siddha & Homoeopathy; Sarva
Shiksha Abhiyan Scheme etc.
Another important feature of the working of the Committee has been to conduct
system appraisals in the field of revenue collection with a view to ascertaining as to
what extent the existing systems have been able to fulfil the underlying objectives.
The Committee has produced reports
519
on Customs ReceiptsWorking of Inland
customs Bonded Warehouses, Union Excise DutiesPrice Lists, Assessment
ProcedureSummary and Scrutiny Assessment, Assessment of Lottery Business,
Project Import, Assessment of Small Scale Industrial Undertakings, Assessment of
Religious and Charitable Trusts, Functioning of Investigation Circles, System Defects
in the Working of Chief Accounting Offices, Union Excise DutiesProvisional
Assessments, the Advance Licencing Scheme, Union Excise DutiesDifferent
classification for Similar Products; Assessment of Private Schools, Colleges and
Coaching Centres; Status of Improvement of Efficiency through the Restructuring of
the Income Tax Department etc.
Examination of cases pending before a court of law
If the Committee is examining or proposes to examine a case the subject-matter
of which is under adjudication by a court of law and the Government put forth the
plea that an examination of the case at that stage by the Committee would be prejudicial
to the interest of the case, the Committee postpones consideration of that case.
520
Consideration of Audit Reports and Selection of Paragraphs
At the beginning of the term of each Committee, the Secretariat circulates to the
members of the Committee the Reports of the C&AG that have been laid on the Table
of the House since the time the last selection of paragraphs for in-depth examination
by the Committee was made. In its first meeting the members of the Committee
suggest the important paragraphs which, according to them, might be selected for in-
depth examination. After detailed deliberations, the Committee selects the most
important paragraphs for examination during the course of the year keeping in view
the availability of time. In making these selections, the Committee is assisted by the
Officers of the Secretariat and the representatives of Audit.
518. The Committee presented 62 Report (13 LS); 9, 19, 38, 43 R. (14 LS) respectively on these
subjects.
519. The Committee presented 124, 145, 173 R. (8 LS); 8, 23, 32, 97, 102, 116 R. (10 LS); 14, 24R.
(11 LS), 1 R. (13 LS); 14 and 29 R. (14 LS), respectively, on these subjects.
520. See 12R (PAC-1LS), paras 3 and 6.
Although the Committee takes up only a limited number of Audit paras every
year for detailed examination, it has evolved a built-in system from 1982 onwards to
see that action is initiated promptly by the Executive on all the Audit paragraphs.
Under this system, the Ministries/Departments concerned are required to intimate to
the Committee, through the Ministry of Finance, corrective action taken or proposed
to be taken on all the paragraphs contained in the Reports of the C&AG within a
period of four months
521
from the date of the laying of the relevant Audit Reports on
the Table of the House. This system ensures the accountability of the Executive in
respect of all the issues dealt with in the Audit Reports.
Sub-Committees and Working Groups
Whenever the Committee decides to examine a matter involving serious financial
irregularities, etc., referred to in the Appropriation Accounts or Audit Reports thereon,
or even otherwise, it may appoint a Sub-Committee to go into that matter. A Sub-
Committee, so appointed, has the powers of the undivided Committee and its report,
after the Committees approval, is deemed to be the report of the whole Committee.
Commencing from the year 1967-68 the Chairman every year constitutes an
Action Taken Sub-Committee consisting of the conveners of the different working
groups of the Committee to examine and report on the replies of the Government to
the recommendations contained in the earlier reports of the Committee.
With a view to enabling the Committee to apply itself intensively to certain
aspects of its work, Working Groups are constituted by the Chairman, in consultation
with the members of the Committee, as soon as a new Committee is formed. Members
of the Groups are chosen by the Chairman having regard, as far as possible, to the
known aptitude of the members and other factors. The Chairman also appoints a
convener and an alternate convener for each Working Group, one or the other of
whom acts as the leader of the Group concerned and presides over its sittings.
Working Groups are constituted during each term of the Committee for the
different Accounts such as Civil, Defence, Railways, Posts, etc. Sometimes two or
more Accounts have also been entrusted to the same Group. Each Group makes a
detailed study of the Accounts and Audit Report thereon assigned to it. The Group
is assisted by the Comptroller and Auditor-General or by his senior officer with the
all connected material. In consultation with the Comptroller and Auditor-General or
his representatives, the Audit paragraphs are classified under three heads: most
important; important; and not so important. The idea underlying the classification by
the Working Group is that the Committee should devote greater attention to important
paragraphs so that the examination can be conducted in depth. The Working Group
does not present any report on its working to the Committee as it works purely in an
informal manner.
On-the-spot Study Group
Whenever any irregularities are disclosed in an Audit paragraph or in the
521. Revised period introduced w.e.f. the Reports of the C&AG for the year ending 31 March 1996
onwards vide 9 Report (11 LS).
Appropriation Accounts relating to a particular office, factory, installation or institution
which necessitate an on-the-spot study in order to make an assessment of the actual
working of that organisation, institution, etc., the Committee undertakes tour with the
approval of the Speaker.
Such tours are undertaken either by the whole Committee or by its Study Groups.
Members in their individual capacity do not undertake such on-the-spot study.
At the place of the visit
522
, the Committee does not sit as a Committee. It does
not hear witnesses, nor calls for documents, nor examines the officers. In the course
of the tour, the Committees inquiry is not, however, necessarily limited to the points
raised in the Appropriation Accounts and Audit Report. No physical verification of
stock or stores is conducted by the Committee but the storage conditions and system
of store-keeping and stock verification may be studied generally.
Impressions of visits: A note summing up the impressions of the study tour is
prepared and further information, if any, required by the Committee in the light of the
visit is collected from the Ministries concerned. The notes thus prepared are for the
use and information of members.
Members of the Committee cannot individually communicate to the Ministry or
the Minister their views or impressions on the working of a Government office, project
or undertaking which they might have gathered as a result of their on-the-spot study.
Comptroller and Auditor-General
The Comptroller and Auditor-General is an important adjunct of the Committee.
He is appointed by the President by warrant under his hand and seal and can only be
removed from office in like manner and on like grounds as a judge of the Supreme
Court
523
. The appointment is made by the President on the advice of the
Prime Minister. Before the Comptroller and Auditor-General enters upon his office,
he subscribes before the President or some other person appointed in that behalf by
the President, an oath or affirmation according to the form set out in the Constitution
524
.
The duties and powers of the Comptroller and Auditor-General have been
described elsewhere
525
. The Audit Reports of the Comptroller and Auditor-General
stand automatically referred to the Committee.
When the official witnesses are being examined by the Committee, the
Comptroller and Auditor-General sits to the right of the Chairman and assists him as
the evidence is being taken. As per established convention, With the permission of the
Chairman, he may ask a witness to clarify a point or pose a question and he may
further make a statement on the facts of the case
526
.
522. The first visit undertaken by the Sub-Committee of the Public Accounts Committee was in
December 1952, to the Hirakud DamProject for the purpose of witnessing, on the spot, construction
of various works, viz.. bridges, irrigation canals, dams, etc.
523. Arts. 148(1) and 124(4).
524. For specimen of the form, see FormIVThird Schedule to the Constitution.
525. See Chapter VIIIParliamentary Functionaries. Also see the C.A.G. (Duties, Powers and Conditions
of Service) Act, 1971.
526. In a sitting of the PAC held on 9 J anuary 2007, Chairman, PAC clarified that CAG has a right
to intervene and ask questions with the permission of the Chair.
To assist the Committee in the examination of matters contained in Audit
paragraphs, the Comptroller and Auditor-General furnishes to the Committee a
Memorandum of Important Points (MIP) on each para selected by the Committee.
Advance information on these points is called from the Ministry. The MIP is then
further supplemented by questions framed by the Secretariat of the Committee in the
light of advance information received from the Ministry, tour notes of the Committee,
relevant debates of the House, replies to questions in the Houses, press reports and
previous reports of the Committee on the subject, if any. These questions form the
basis of examination of representatives of the organisation or Ministry concerned.
Sittings of the Committee
Soon after the Committee is constituted, a preliminary sitting is held to consider
the programme of work for the year. The programme of sittings is drawn up by the
Secretariat and approved by the Chairman
527
.
A day (usually the first day of the programme) is set apart for an informal sitting
of the Committee when members discuss with the Comptroller and Auditor-General
or with one of his senior officers the important points arising from the Accounts to
be examined:
According to the decision of the Committee which examined the
Accounts of 1926-27, the first ten minutes of each sitting, where departmental
witnesses were called in, used to be devoted each day to a preliminary
consultation between the members and the Comptroller and Auditor-General.
Proceedings of such sittings were recorded. However, a practice has
subsequently developed whereby the proceedings of briefing sessions are not
recorded.
Evidence
The Committee calls officials to give evidence in connection with the examination
of accounts relating to a particular Ministry. A Minister is not called before the
Committee either to give evidence or for consultation in connection with the
examination of those accounts
528
. Where a Minister makes a specific request to appear
before the Committee, he may be permitted only if the Chairman considers it desirable
after he has had a talk with the Minister
529
. The normal practice is that after the
deliberations are concluded, the Chairman may, when he considers it necessary, have
an informal talk with a Minister relating to the accounts of his Ministry which were
under consideration of the Committee in order to apprise him of: (i) any matter of
policy laid down by a Ministry with which the Committee do not fully agree; and
527. Copies of the programme are circulated to: Ministries of theGovernment of India; the Comptroller
and Auditor-General and the Accounts/Audit Officers concerned; and the Secretariats of the State
Legislative Assemblies whenever the sittings of the Committee extend to more than three consecutive
days, with a view to facilitating the Chairmen and the members of State Public Accounts Committees
and their officers to witness the sittings, if they so desire. A communiqu notifying the programme
of sittings of the Committee is also released to the Press.
528. Dir. 99(1).
529. 50R (PAC-3LS)such instances are, however, rare.
(ii) any matter of secret and confidential nature which the Committee would not like
to bring on record in their report.
The Committee may reconsider its conclusions in the light of such talk but the
Committee does not otherwise pursue further any of the matters with the Minister
after they have been brought to the notice of the Minister concerned by the Chairman.
However, such informal talks between the Chairman and the Minister concerned have
seldom taken place.
Examination of the representatives of Private Companies,
Non-Government Bodies, etc.
Where the Committee takes up examination of the working of an agreement
entered into by the Government of India with a private company or any other non-
Government body, the Committee may, if it deems fit, summon or give an opportunity
to the representatives of the company or the non-Government body, as the case may
be, to appear before it and to give evidence on any points arising therefrom on which
the Committee might desire to have further information or the representatives might
wish to give elucidation
530
.
Preparation and Presentation of Report
After the examination of the Appropriation Accounts and Audit Reports thereon
has been completed and all relevant information obtained from Government, the draft
report is prepared by the Secretariat based on the evidence, oral and written, given
before the Committee by the departmental representatives. The draft report is then
submitted to the Chairman for approval and a copy thereof is forwarded to the
Comptroller and Auditor-General for factual verification. When the Committee sits to
consider the draft report as approved by the Chairman, the Comptroller and Auditor-
General is also present at the sitting to point out changes in the facts and figures,
where necessary.
No minute of dissent is permissible.
The report as finally adopted by the Committee is presented to the House by
the Chairman or in his absence by any other member of the Committee so authorised
by him. A copy of the report is also laid on the Table of Rajya Sabha by a member
of the Committee from Rajya Sabha, duly authorised by the Committee. In case the
Rajya Sabha is not in session on the date when the report is presented to the
Lok Sabha. An authenticated copy of the report is sent to the Rajya Sabha Secretariat
with an intimation about the presentation of the report to Lok Sabha and a request that
the report be laid on the Table of Rajya Sabha when it sits next.
The report of the Committee consists of an Introduction, the Report, proper,
Proceedings (Minutes) of the relevant sittings of the Committee and Appendices
(containing notes submitted by the Ministries and decided by the Committee to be
incorporated in the report). Where the material to be incorporated in the report becomes
bulky, it is split up into two or more volumes.
530. Dir. 100.
Implementation of the Recommendations
Initially a statement showing action taken or proposed to be taken by the
Government on the recommendations of the Committee was compiled by the Secretariat.
This statement enabled the Committee to watch how far its recommendations have
been implemented by the Government. The statement, in which each recommendation
of the Committee on the Accounts of a particular year was also summarised, was
forwarded to the Ministries concerned for necessary action, who was required to keep
the Secretariat informed of the action by them on these recommendations. On the
basis of the information thus furnished, the statement was revised and brought up-to-
date
531
and was placed before the Committee when it next took up the examination
of the Accounts relating to the respective Ministries. The statement enabled the
Committee to know at a glance the action taken or proposed to be taken in respect
of each of the recommendations listed therein.
In the beginning, the decisions arrived at by the Government on the
recommendations made by the Committee in its report were recorded in a
Resolution of the Finance Department which was also published in the Gazette.
This practice was reviewed in 1929 and in pursuance of the recommendation
of the Committee (1929-30), the practice of issuing an omnibus Resolution
was discontinued in 1930 and instead the Finance Department started issuing
quarterly statements of action taken by various Departments of the Government
of India on the recommendations of the Committee
532
. The practice of
preparing quarterly statements was discontinued at a later stage and only one
statement, which inter alia included items which remained outstanding from
the previous reports, was compiled on the basis of the information furnished
by the Ministries concerned. This system continued till 1950 when the
secretarial functions of the Committee were transferred to the Lok Sabha
Secretariat.
In the sixties, the practice of presenting separate Action Taken Report
on such main report of the Committee set in. An Action Taken Report is
based on the set of replies received from the Government normally within
six months of presentation of the main report. It comprises of five Chapters
Chapter I: Report; Chapter II: Recommendations which have been accepted
by Government; Chapter III: Recommendations which Committee do not
want to pursue in view of Governments replies; Chapter IV: Recommendations
531. In April 1955, the Comptroller and Auditor-General suggested that with a view to ensuring
expeditious action being taken on the recommendations of the Committee, the Cabinet Secretariat
might be entrusted with the work of consolidating the comments of the various Ministries of the
Government of India and submitting themto the Committee early in the year. Centralising of these
functions in the Cabinet Secretariat did not seemto the Committee to be the solution for the
delays that occurred in the implementation of their recommendations. On the other hand, the
Committee thought that this course would divide the responsibilities of the Ministries in the
matter of furnishing information to the Committee. It would also mean duplication as the Secretariat
already consolidated the information and presented it to the Committee.
The existing arrangement makes the Ministries directly responsible to the Committee and also
facilitates disposal of work by the Committee.
532. Finance Department, Government of India, Res. No. D/1200-B, dt. 13 J une 1930.
which the Committee wants to reiterate; and Chapter V: Recommendations
in respect of which final replies of Government have not been received.
After presentation of Action Taken Report Government are supposed to
intimate to the Committee the action taken or proposed to be taken on the
recommendations contained in Chapter I and final replies in respect of
Chapter V, Statements containing these Government replies are laid on the
Table of both the Houses without further comments of the Committee.
However, the Committee may, if it thinks fit, present another Action Taken
Report
533
on the recommendations included in Chapter V, i.e. the
recommendations in respect of which Government had furnished interim
replies/no reply at the time of finalisation of its Action Taken Report.
Procedure in Case of Disagreement between the Government
and the Committee
Recommendations of the Committee are treated with respect by the Government
and most of them are accepted and implemented. In the event of any disagreement
between the Government and the Committee in regard to any recommendation contained
in the report of the Committee, the Government have, in the first instance, to apprise
the Committee of the reasons that might have weighed with them in not accepting or
implementing a recommendation.
The Action Taken Sub-Committee of the Public Accounts Committee examines
the action taken notes received from the Ministries/Departments and draws up separate
Action Taken reports which are subsequently adopted by the main Committee and
presented to the House. Before finalising its report the Action Taken Sub-Committee
can call
534
the representatives of the Ministries/Departments for informal discussions
and thus obtain clarification on points arising out of the notes furnished by the
Government and also speed up the replies where they have not been received.
In the case of the Fourth Report of the Committee, 1952-53, the
Government deviated from this procedure and laid a statement on the Table
on 11 August 1953, without placing the views before the Committee in the
first instance. Thereupon, the Speaker directed that a circular should be sent
to all the Ministries that in cases where Government had reasons to disagree
with the recommendation of the Committee, the Ministry concerned should,
in consonance with the well-established procedure, place its views before the
Committee who may, if they think fit, present a further report to the House
after considering the views of the Government in the matter.
Again in 1954, the Minister concerned laid a copy of the note on the
Table which had been submitted to the Committee in connection with its
observations in the Ninth Report (1953-54), without waiting for the Committee
to consider that note and present a further report in the matter to the House.
A brief statement by the Finance Minister was also laid along with the note
with a request to the House to treat the matter as closed. The Committee
533. The Committee (1977-78) presented 64th Action Taken Report.
534. The Committee (1986-87) took the evidence of the representatives of the Ministry of Railways and
Deptt. of Public Enterprises.
considered the procedure as inappropriate and expressed the view that in
accordance with the well-established parliamentary practice the consideration
stage by the House should arise only after the Committee had made its final
recommendation after reconsideration of the Governments views
535
.
Discussion on the Report
Although it is open to the Lok Sabha to discuss reports of the Committee, such
discussion is seldom held, but members may make use of the Committees reports in
their speeches during the discussion on the Budget, Demands for Grants etc. However,
if there is a specific issue over which there is a divergence of opinion between the
Committee and the Government or a Minister, that issue can be brought before the
House and discussed
536
on a motion, the discussion being confined to the remarks,
observations and comments of the Committee, and neither the motion nor a substitute
motion thereto is put to the vote of the House
537
.
Till 1946, reports of the Public Accounts Committee had been discussed
in the Legislative Assembly on a formal motion moved by the Finance
Member. Discussion on the report in the Assembly commenced from the
year 1930 on the recommendation of the Committee itself which had in its
report said that the Government should consider the best methods of giving
effect to the strong desire expressed in the Assembly that the House should
be given an opportunity to discuss in general terms the report of the Public
Accounts Committee on which the excess grants were based
538
. The first
discussion was confined to questions of general nature and scope of the
Committee. The motion was not put to vote
539
. The following year, however,
after the Finance Member had replied to the debate on the report of the
Committee, the motion was put to the vote of the House and adopted. This
procedure continued to be in force except that in 1944 an amendment to the
motion of the Finance Member was also moved and adopted by the House
540
.
Another change took place in 1946. The Finance Member, while moving the
motion for the consideration of the Committees report that year, also moved
for the regularisation of the expenditure incurred in excess of voted grants
during the year to which the report related
541
.
535. 14R (PAC-1LS), para 21; see also L.S. Deb., 12-8-1966, cc. 4517-25.
536. Addressing the Conference of Chairmen of Public Accounts Committees in 1959, theSpeaker said:
A rambling discussion of the whole report tends to destroy the effectiveness of the
recommendations of the Committee. I am, therefore, of opinion that special points should be
raised for discussion, more particularly those points where there is an unresolved difference
of opinion between the Committee and the Government.
537. L.S. Deb., 22-8-1966, cc. 6076-6236.
538. Public Accounts Committee Report on Accounts of 1926-27, Vol. I, page 8, para II.
539. L.A. Deb., 7-7-1930, p. 26.
540. Ibid., 21-11-1944, pp. 1156-60.
541. L.A. Deb., 31-10-1946, pp. 339-47.
Committee on Estimates
So much of the estimates as relates to expenditure other than that charged upon
the Consolidated Fund of India is submitted to the Lok Sabha in the form of Demands
for Grants, and the Lok Sabha has the power to assent or to refuse to assent to any
demand, or to assent to any demand subject to the reduction of the amount specified
therein. It has also the power to discuss but not to vote the estimates which relate to
expenditure charged upon the Consolidated Fund of India
542
. The Lok Sabha, even
though it discusses the estimates for a sufficiently long period
543
, nevertheless finds
that it has neither the time nor the flexibility to discuss the details and the technical
aspects of the estimates. The Lok Sabha has, therefore, set up a Committee called the
Committee on Estimates for this purpose.
After the Constitution came into force, provision was made in the Rules for the
setting up of a Committee on Estimates. Speaker Mavalankar, informing the House
of the addition made in the Rules, said
544
:
Consequent upon the provisions of articles 113 to 116, as also independently thereof,
it was felt necessary to constitute a Committee on Estimates for better financial control of the
House over expenditure by the Executive. The chief functions of this Committee will be to
examine such of the estimates as may seemfit to it and to suggest economies consistent with
the policy underlying the estimates. There will be, in addition, the usual Committee on Public
Accounts. The functions of these Committees will be mutually complementary and, it is
expected, they will not only give a picture of the entire financial position but the Committees
will be mutually helpful in examining the finances for the future in the light of the expenditure
in the past.
It was in 1937 that an enquiry was first made
545
in the Central Assembly
whether the Government had any proposal for the setting up of an Estimates Committee
on the lines of the Select Committee on Estimates of the House of Commons. The
Finance Member (Sir J ames Gnigg) replied in the negative. In the following year, an
amendment was moved by a member to a resolution moved by a private member for
the appointment of a retrenchment Committee, the amendment seeking to constitute
instead an Estimates Committee. The constitution of an Estimates Committee was
favoured by the Finance member but the Assembly, due to certain reasons, did not
accept the amendment
546
. Again in 1944
547
when the suggestion for the setting up of
that Committee was revived in the Assembly, the Finance Member turned down the
proposal on the plea that the Government officials were already over-burdened in
assisting the Public Accounts Committee and the Standing Finance Committee.
In 1949, the Secretary of the Constituent Assembly (Legislative), in a
Memorandum on the reform of Parliamentary Procedure in India, emphasized the
542. Art. 113.
543. See Chapter XXIXProcedure in Financial Matters.
544. P. Deb., 1-1-1950.
545. L.A. Deb., 25-8-1937, pp. 506-07.
546. Ibid., 8-4-1938, pp. 2866-67.
547. Ibid., 14-3-1944, pp. 1040-45.
need for subjecting the estimates, presented to Parliament to a detailed examination.
Since sufficient parliamentary time could not obviously be made available for examining
in detail the estimates nor did the ordinary members possess expert knowledge of
details of administration and financial insight, he stressed that for an effective
parliamentary control over expenditure, there must be a properly constituted Committee
of the House endowed with necessary powers to examine both the appropriation
accounts and the estimates
548
. The proposal was strongly supported by Speaker
Mavalankar. The Government accepted this recommendation and the Minister of
Finance referred to it in his Budget speech on 28 February 1950
549
.
Composition
The Committee consists of not more than thirty members
550
who are elected by
the House every year from amongst its members according to the principle of
proportional representation by means of the single transferable vote
551
on a motion
adopted by the House. This system of election ensures that each Party/Group is
represented on the Committee in proportion to its strength in the Lok Sabha. In April
each year a motion for election of members to the Committee is moved by the
Minister of Parliamentary Affairs at the commencement of each Lok Sabha and in
subsequent years by the Chairman of the Committee before the term of that Committee
is due to expire
552
.
In order to maintain continuity in membership of the Committee and
to make available to the Committee the experience gained by members for
a period longer than one year, a convention has been established that while
nominating members for election, Parties and Groups in the House keep in
view that as far as possible the same members serve the Committee for two
consecutive terms.
A Minister is not elected to the Committee and if any member after his election
is appointed a Minister, he ceases to be a Member of the Committee from the date
of such appointment
553
.
The term of the Estimates Committee commences on 1 May every year, but the
term of the first Committee of a new Lok Sabha may commence on any day after the
constitution of the new House. The term, however, invariably terminates on 30 April
548. Kaul: Memorandum.
549. P. Deb., 28-2-1959, p. 1002.
550. The first Committee, constituted on 10 April 1950 consisted of 25 members elected by the House,
its strength was raised to 30 members fromthe year 1956-57. Min. (RC-1LS), 28-11-1955.
551. Rule 311(1).
552. The arrangements for election of members to the Committee are made nearly fifteen days in
advance of the expiry of the termof the outgoing Committee.
553. Rule 311(1). Chairman of the Estimates Committee, Chintamani Panigrahi, ceased to be the
Chairman and member of the Committee on his appointment as Minister of State on 22 October
1986. On 12 May 1986, Smt. Sheila Dixit ceased to be member of the Committee on appointment
as Minister of State.
of the following year. The term of office of the members of the Committee is limited
to the term of the Committee.
Chairman of the Committee: The Chairman of the Committee is appointed by
the Speaker from amongst the members of the Committee who, besides the functions
common to the Chairmen of Parliamentary Committees in general
554
, performs certain
other functions in connection with the working of the Committee. For instance, the
Chairman, by convention, finally decides as to whether a particular document or
information, which is held to be secret, need be called for from the Government and
whether such information or document need be made available to all the members of
the Committee
555
. He determines whether cases regarding the classification of charged
items in the Budget require to be examined by the Committee
556
and undertakes
informal talks with the Ministers or representatives of the Ministries, if necessary, on
specified matters
557
.
If the Chairman of the Committee ceases to be a member of the Committee, the
Committee does not hold any sittings till a new Chairman is appointed.
Functions
The Committee examines such of the estimates as may seem fit to it or are
specifically referred to it by the House or the Speaker, with a view:
to reporting what economies, improvements in organisation, efficiency
or administrative reform, consistent with the policy underlying the estimates,
may be effected;
to suggesting alternative policies in order to bring about efficiency and
economy in administration;
to examining whether the money is well laid out within the limits of
the policy implied in the estimates; and
to suggesting the form in which the estimates shall be presented to
Parliament
558
.
The Committee does not exercise its functions in relation to such public
undertakings as are allotted to the Committee on Public Undertakings under the Rules
of Procedure or by the Speaker.
At the beginning of its term every year, the Committee selects subjects concerning
any part of the estimates of a Ministry or Ministries for examination during the year.
It is not incumbent on the Committee to examine the entire estimates
of any one year. The Committee selects about six to eight Ministries for a
554. For general functions of the Chairman of Parliamentary Committees, see Chapter VIII
Parliamentary Functionaries.
555. Dir. 101 (v) (c).
556. For expenditure charged on the Consolidated Fund of India, see article 112(3).
557. See, for instance, 52R (EC-1LS), para 1; 53R (EC-1LS), para 5.
558. Rule 310.
year, and reports to the House as its examination proceeds. The guiding
principle for selection is that one round of examination of the important
estimates of all Ministries should, as far as possible, be completed within the
life of each Lok Sabha
559
.
Ad hoc subjects of importance which prima facie appear to deserve examination
in detail are also referred to the Committee from time to time by the Speaker or the
House. Such references are made either through directions of the Speaker
560
in the
House or in the form of communication
561
to the Chairman of the Committee from
the Speaker. The Committee may also take up any matter of sufficient importance for
ad hoc examination by itself or on the suggestion of a member of the Committee
provided that the matter does not relate to a proposal of Government which has not
been finalised
562
.
Examination of charged items
It is open to the Committee to call the details of expenditure charged on the
Consolidated Fund of India
563
and to scrutinise whether the classification of items of
expenditure between voted and charged has been done strictly in accordance with
the provisions of the Constitution and Acts of Parliament
564
.
The Ministry of Finance informs the Committee of the decisions which the
Government may take from time to time regarding the inclusion of charged item of
expenditure in the Budget for the first time, or whenever a change is made in the
classification of an item of expenditure from voted to charged or vice versa.
565
Similarly, whenever Government want to make any change in the format or the
information to be given in the Budget papers on Demands for Grants, the matter is
referred to the Committee for their recommendations
566
.
Examination of matters of special interest
The Committee also examines matters of special interest which, though
559. Address by the Speaker to the Conference of Chairmen of Estimates Committees, 16-4-1958.
560. See, for instance, P. Deb., 15-3-1951, cc. 4623-25 and 24-3-1951, cc. 5030-57; 87R (EC-2LS)
and 59R(EC-2LS).
561. See, for instance, 92R (EC-2LS); 86R (EC-4LS); and 87R (EC-4LS).
562. Min. (EC), 10-7-1952.
563. For expenditure charged on the Consolidated Fund of India, see art. 112(3).
564. Min. (EC), 12-10-1950.
565. While examining the Budget Estimates for 1959-60, a question arose whether it was correct to
treat the interest payments on capital advanced by the Government of India to Departments run
on commercial lines as charged items under article 112(3)(c). The matter was referred to the
Ministry of Finance for clarification. The Ministry decided after consultation with the Comptroller
and Auditor-General and the Ministry of Law that such items of expenditure would be treated in
future as voted items and not charged because they did not constitute the liability of the Government
of India within the meaning of article 112(3)(c). The change in the classification was given effect
to in the Budget Estimates for the year 1961-62.
566. 37R (EC-8LS).
unconnected with the particular estimates, may arise or come to light in the course of
its work and which it may consider necessary to bring to the notice of the House
567
.
After the Committee has selected the subjects, the Ministry concerned is asked
to furnish detailed information regarding its organisation, set-up, activities, the broad
details of estimates, particulars of expenditure, etc. After studying the material so
received, members send their suggestions or any points on which further information
is required by them. These points and suggestions are consolidated in the form of a
questionnaire and are considered by the concerned Sub-Committee or Study Group.
After the questionnaire is approved by the Chairman, it is sent to the Ministry for
furnishing replies.
The fundamental objectives of examination by the Committee are economy and
efficiency in administration and ensuring that money is well laid out within the limits
of the policy implied in the estimates. The Committee does not go into or comment
on a policy approved by Parliament
568
but where it is established on evidence that a
particular policy is not leading to the expected or desired results, or is leading to
waste, it is the duty of the Committee to bring to the notice of the House that the
change in the policy would be desirable.
The Committee is at liberty to examine policies laid down by Governments as
distinct from those approved by Parliament. It is also open to the Committee to
examine any matter which may have been settled as a matter of policy by the
Government in the discharge of its executive functions
569
and the Committee has at
times suggested alternative policies in order to bring about efficiency and economy
in administration
570
.
567. For example, the Committee presented reports on Administrative, Financial and other Reforms
9R (EC-ILS); Organization and Administration of Nationalised Industrial Undertakings-16 R
(EC-1LS); Preparation of Budget Estimates of Public Undertakings and Presentation of their
Annual Reports and Accounts to Parliament-73R (EC-2LS); Public UndertakingsForms and
Organization-80R (EC-2LS), etc.
568. In the course of his address at the inaugural sitting of the Committee (1959-60), the Speaker
clarified the exact scope of the function of the Committee in the following words :
Your function is not to lay down policy. Whatever policy is laid down by Parliament
your business is to see that policy is carried out...not divorced fromits financial implications.
It is only where a policy involves expenditure and you find that the policy has not worked
properly, you are entitled and competent to go into it. Where the policy is leading to waste,
you are entitled to comment on it in a suitable way.
569. For instance, the Committee recommended separation of the Transport Ministry fromthe Ministry
of Railways and placing it under the charge of a separate Minister for Transport-19R (EC-1LS),
para 42; amalgamation of the two Shipping Corporations-38R (EC-2LS), para 24; abolition of the
Salt Organisation and creation of an autonomous Salt Board15R (EC-1LS), para 21 and 22;
re-examination of the question of continued existence of Cantonments46R (EC-1LS), para 91.
570. For instance, the Committee suggested transfer of the subject of minor ports fromthe Concurrent
List to the Union List-51R (EC-1LS), para 44; reduction in the excise duty on steel for securing
better export market-33R (EC-2LS), para 186; re-adjustment in the allocation of funds under the
Second Plan and allotment of additional funds for acquisition of ships-38R (EC-2LS), para 71;
levy of customs and excise duties on the aviation fuel used by the Air Corporations-43R
(EC-1LS), para 82 and 83.
Formation of Sub-Committees/Study Groups
The Committee may, whenever considered necessary, appoint Sub-Committees
and Study Groups for securing flexibility in working and for detailed scrutiny of the
subjects selected for examination.
During the first two years of its existence, the Committee did not
appoint any Sub-Committee. It was during 1950-51 and 1951-52 that the
Committee for the first time appointed Study Groups to which were allocated
specific subjects for intensive study.
The formation of Study Groups enables the Committee to divide its work among
the members so that they may specialise in particular subjects and study them
intensively. The Study Groups are constituted by the Chairman. Members of the
Groups are chosen by him after taking into account the wishes of the members to
serve on them.
The Chairman also appoints a Convener for each Study Group who acts as the
leader of the Group and presides over its sittings. Study Groups are appointed during
the term of the Committee to deal with fresh subjects, action taken by Government
on earlier reports, and procedural matters. Study Groups may also be appointed to
deal with any ad hoc subjects.
The Study Group dealing with a fresh subject is required to study intensively
the material supplied by the Ministry or Department, etc.; to prepare the questionnaire
for issue to that Ministry or Department after approval of the Chairman; to undertake
study tours and record impressions thereof; to indicate broad points on which the
Secretariat may draft reports; and to discuss draft reports before circulation to the
main Committee.
The Study Group dealing with action taken by the Government on earlier reports
of the Committee is required to scrutinise replies received from Government; to
indicate points on which the Secretariat may draft reports; and to discuss draft reports
before circulation to the whole Committee.
The Study Group dealing with the procedural matters is generally composed of
Conveners of Groups, and the Chairman of the Committee acts as its leader. The
Group draws up a tentative programme of work for the Committee, Sub-Committee
and Study Groups; discusses procedural matters before they are referred to the whole
Committee; co-ordinates the work between the various Study Groups or
Sub-Committees, etc.
Study Tours by the Committee
The Committee undertakes on-the-spot study tours to acquaint itself with the
working of an establishment under examination. Local offices are also visited by the
Study Group or Sub-Committee concerned. For the purpose of tours, the Committee
usually divides itself into two Study Groups.
Notes relating to the working of the establishments to be visited are called for
in advance from the concerned Ministry and circulated to the members of the Study
Group. A list of points for informal discussion is also drawn up.
While on tour the Study Group may hold informal sittings but no
decisions are taken at such sittings nor is any evidence taken
571
.
The Study Group may discuss points to elicit relevant information but
it does not express any view. It is not authorised to give any information or
interview to the Press or to any outsider in relation to the discussion held or
observations made or impressions gathered.
A note summing up the impressions of the study tour is prepared and further
information, if any, required by the Committee in the light of the visit is collected
from the concerned Department.
After its approval by the Chairman/Convenor of the respective Study Group,
copies of the note are kept in the room of the Chairman for reference by members
of the Committee.
Assistance to the Committee
The Committee does not favour obtaining technical advice on matters selected
for examination
572
. Not being a technical Committee, it does not go into matters of
technical detail. In order to obtain a fuller picture of the subjects under examination,
the Committee usually invites non-official experts and representatives of leading
non-official bodies and organisations interested in the subject to give evidence.
Evidence
Calling of Official Witnesses
The Committee calls officials concerned to give oral evidence in connection
with the examination of the estimates relating to a particular Ministry or Department.
Where a Ministry or Department is required to give evidence before a Committee on
any matter, the Ministry or Department is represented by the Secretary or the Head
of the Department as the case may be. The Chairman of the Committee may however,
on a request being made to him, permit any other senior officer to represent the
Ministry or Department before the Committee. Where it is felt that views of Ministries
other than those whose estimates are under examination would be useful, their
representatives are also called to give evidence on the subject
573
. A Minister is not
called before the Committee either to give evidence or for consultation in connection
with the examination of the estimates by the Committee
574
. When considered necessary,
but only after the deliberations of the Committee are concluded, the Chairman may
have an informal talk with a Minister, the estimates of whose Ministry were under
consideration of the Committee, in order to apprise him of any matters of policy laid
down by his Ministry with which the Committee do not fully agree and any matter
of secret and confidential nature which the Committee would not like to bring on
571. Dir. 50(2).
572. Suggestions that experts in the subjects under examination be appointed to assist the Committee
in its work have not been accepted by it.
573. Min. (EC), 20-12-1958 and 12-3-1959.
574. Dir. 99(1).
record in its report.
575
Although it is open to the Committee to reconsider its conclusions
in the light of such talk, it does not otherwise pursue further any of the matters with
the Minister
576
.
Formal evidence of a Minister is thus not recorded but informal reference to
obtain information may be made to him in connection with any matter before the
Committee. In their capacity as members of a commission or a statutory body. Ministers
sometimes appear before the Committee and discuss matters
577
.
Ministers of State Governments are held in the same position as Ministers of
the Union Government, and the Committee accordingly does not summon State
Ministers to appear before it. The State Ministers may, however, forward their views
to the Chairman for being brought to the notice of the Committee
578
.
Examination of non-official witnesses
When necessary, the Committee also calls for oral evidence, experts, representa-
tives of industries, non-official and organisations experts, prominent public men,
retired Government officers, etc. whose evidence is considered to be of help to the
Committee in its investigations. The selection of non-official witnesses for evidence
before the Committee is generally made after taking into account the memoranda, etc.
submitted by them.
Examination of the representatives of Private Companies,
Non-Government Bodies, etc.
Where the Committee takes up examination of the working of an agreement
entered into by the Government of India with a private company or any non-Government
body, the Committee may summon or give an opportunity to the representatives of the
Company or the non-Government body, as the case may be, to appear before it and
give evidence on any points on which the Committee desires to have further information,
or on which the representatives would like to give elucidation
579
.
575. Dir. 99(2).
576. Dir. 99(3).
577. On 9 April 1958, the Committee discussed with the members of the Planning Commission a few
points of general importance relating to the composition, organisation, functions and working of
the Commission. Among the members of the Planning Commission, the Ministers who attended
in their capacity as members of the Commission were the Minister of Planning, the Minister of
Defence and the Deputy Minister of Planning.
On 30 October 1958, the Committee took evidence of the representatives of the All India
Institute of Medical Sciences. Among the representatives of the Institute present before the
Committee was the Finance Minister. Bombay, in his capacity as the Chairman of the Finance
Committee of the institute,
578. Request fromthe Finance Minister, Saurashtra, to permit himto appear before the Committee
(1954-55) when it was examining the estimates of the Coal Board. State Collieries and the Salt
Organisation, was not acceded to.
579. Dir. 100.
List of Points/Questions for Oral Examination
A list of points and/or questions for oral examination of the official and non-
official witnesses, incorporating therein any suggestions that may be received from
members, is prepared by the Secretariat for approval of the Chairman. After his
approval, advance copies of the list are circulated to the members of the Committee
580
.
The Chairman puts questions from the list one by one to the witnesses. If a member
desires to ask a supplementary question for elucidating a point, he does so with the
permission of the Chairman
581
.
Minutes
The minutes of the sittings of the Committee are compiled separately for each
report or group of reports as may be convenient. Minutes form part of the Report as
Annexures and are presented to the House along with the Report to which they
relate
582
.
Recording of dissenting views
Minutes of dissent are not appended to a report of the Committee. However,
when a member strongly disagrees with certain points in a report and expresses a
desire that his views should be recorded, the fact is recorded in the minutes, if agreed
to by the Committee.
Preparation of Report
When the examination of any part of the estimates of a Ministry has been
completed by the Committee, a draft report is prepared by the Secretariat
583
. After the
Chairmans approval, it is circulated to the members of the Committee for being
considered and adopted at its sitting
584
. However, in respect of a report of the
Sub-Committee on Defence, such portions of the report as are considered by the
Chairman to deal with confidential matters which it is not advisable to make public
in the interest of security are not placed before the whole Committee but forwarded
by the Chairman to the Speaker
585
.
When members are not likely to assemble together for a period of time, they
authorise the Chairman to finalise the report of the Committee by circulation and in
the light of the comments offered by them
586
. Likewise, if a sitting of the Committee
called for the purpose of consideration of a draft report is adjourned for want of
quorum, the report is adopted by circulation.
580. 1R(EC), rule 9.
581. Ibid., rule 10.
582. Dir. 67(1); 1R (EC), rule 18. Decision taken by the EC at their sitting held on 4 March 1997.
The practice from1950-51 to 1958-59 was to compile the entire minutes relating to the
sittings of the Committee during the year in convenient volumes.
583. 1R (EC); rule 18(2); and Min. (EC), 27-9-1958.
584. 1R (EC); rule 18(3).
585. See Dir. 101.
586. IR (EC), rule 18(4).
Factual verification of the reports
Advance copies of the report, as adopted by the Committee excluding
recommendations, are marked Secret and sent to the concerned Ministry or
Department for factual verification. They are required to treat the contents of the
report as secret until it is presented to the House
587
. Draft reports which concern more
man one Ministry are usually sent to ail concerned Ministries or to the nodal Ministry
which acts as the co-ordinating agency.
On receipt of the comments of the Ministry or Department, the Chairman makes
suitable modification in the report to correct factual inaccuracies, if any, or places the
matter before the Committee for consideration when additional facts, likely to alter
recommendations, are furnished by the Ministry
588
before it is presented to the House.
Discussion on the Report of the Committee
As a convention, reports of the Committee, like those of the Public Accounts
Committee, are not discussed by the House, the idea being that as the reports are
detailed and deal with diverse subjects, recommendations of the Committee in a
general discussion may not be viewed in their proper perspective
589
. The discussion
may also not afford sufficient time and scope for presentation of full data which is
a prerequisite for proper appreciation of the details of the reports.
Moreover, the discussion of the report in the House may proceed on party lines
and thus come in the way of the healthy convention under which the Committees
recommendations are made without reference to party affiliations.
As far as the Government are concerned, they are given full opportunity to
present their point of view both at the time of factual verification of a draft report and
again at the time of sending intimation regarding action taken on the recommendations
of the Committee, and the Governments view point finds due place in the reports of
the Committee.
It is open to the members to ask questions during Question Hour or raise points
with regard to the implementation of the recommendations of the Committee when
the Demands for Grants of the Ministry concerned are placed before the House
590
.
Implementation of the Recommendations
Although technically the recommendations of a Parliamentary Committee are
not formally described as directions by the House, they are in practice regarded as
such by a long-standing convention. The recommendations of the Estimates Committee
are generally accepted by the Government and acted upon.
After the Committees report is presented to the House, copies thereof are
forwarded to the Ministry concerned by the Secretariat with a request that replies to
587. 1R (EC), rule 19 and rule 278.
588. 1R (EC), rule 20.
589. See Min. (EC), 24-12-1958; 20-2-1959.
590. L.S. Deb., 21-11-1958, cc. 986-87.
recommendations contained in the report be sent not later than six months
591
from the
date of its presentation to the House. On receipt of the replies showing the action
taken by the Government on the recommendations contained in the report of the
Committee, these are examined by the Secretariat or the Study Group/Action Taken
Sub-Committee appointed for the purpose and is placed before the Chairman together
with the recommendations of the Study Group.
If there is any point which in the opinion of the Study Group and/or the Chairman
requires consideration by the Committee, it is specifically referred to the Committee
592
.
On the basis of the comments made by the Committee or the Study Group, a
draft Action Taken Report is prepared consisting of the following Chapters: I. Report;
II. Recommendations/Observations that have been accepted by the Government;
III. Recommendations/Observations which the Committee do not desire to pursue in
view of Government replies; IV. Recommendations/Observations in respect of which
replies of the Government have not been accepted by the Committee; and
V. Recommendations/Observations in respect of which final replies of the Government
are still awaited
593
.
The draft report is considered by the concerned Study Group/Action Taken
Sub-Committee and after the Chairmans approval, it is circulated to the members of
the Committee for adoption. Sittings of the full Committee are convened for
consideration and adoption of the report. The report, after factual verification by the
Ministry or Department concerned, is finalised by the Chairman and is presented to
the House.
Laying of Action Taken Statements
While forwarding the Action Taken Report to the Government, the Ministry
concerned shall be asked to furnish as early as possible statements of action taken or
proposed to be taken by them on the recommendations contained in Chapter I and
final replies to the recommendations contained in Chapter V of the Report. The
replies so received are consolidated in the form of a statement and after Chairmans
approval, laid on the Table of the House without further processing or comments by
the Committee
594
.
Report of Government Committee Appointed in Pursuance of
Committees Recommendations
When the Government appoints a Committee pursuant to the recommendations
591. If the replies are not received within six months, a reminder is issued to the Ministry concerned
and they are asked to furnish replies within three months failing which the Committee would
finalise report on the action taken by Government without waiting further.
If the Ministry requests for extension of time, the Chairman may agree to give reasonable
extension at his discretion.
592. 1R (EC), rule 22(1) and (2); Min. (EC), 8-12-1955.
593. In the case of such replies, suitable mention is also made in Chapter I or in the Introduction to
the report. 1R (EC), rule 22(3).
594. Min. (EC), 10-9-1960; see also Dir. 102.
made in report of the Committee, the report of such a Committee is not made public
unless it has been seen by the Committee
595
.
Committee on Public Undertakings
The introduction of planned economic development in the country and the
adoption of the Industrial Policy Resolutions by the House in 1948 and 1956 led to
a steady growth of various enterprises which are controlled and managed by the
Government of India. Several statutory corporations and Government companies
involving large investment of capital funds thus came into existence. The performance
of such public undertakings became a live subject for discussion, and the Lok Sabha
decided that since the moneys required to finance them are appropriated from the
Consolidated Fund of India, Parliament should have adequate control over their affairs.
With this object in view, a Committee on Public Undertakings was constituted.
The question of exercising adequate parliamentary control over public enterprises
was discussed for the first time in the Lok Sabha in 1953
596
. The creation of separate
Parliamentary Committee to look into the affairs of various categories of public
corporations, companies and institutions was suggested
597
, but Government thought it
inadvisable to proceed with the setting up of the Committee at that time
598
.
Speaker Mavalankar, in a letter of 19 December 1953, addressed to the Prime
Minister, had observed that there was a general feeling in favour of appointing a
standing Parliamentary Committee to examine the working of autonomous public
corporations. He pointed out that the Estimates Committee and the Public Accounts
Committee were already over-burdened with work and would not be able to find time
to go into the working of these corporations
599
. The Prime Minister, in his reply,
observed that there should be overall control of Parliament over autonomous and
semiautonomous corporations. He, however, added that the object of having
autonomous corporations would be defeated, to some extent, if there was any
interference in their day-to-day working.
The demand for setting up a separate Committee to take over the functions in
relation to public corporations or autonomous bodies from the Estimates and the
Public Accounts Committees was again put forward in 1956 but with no result
600
. On
the suggestion of the Chairman of the Estimates Committee, a Sub-Committee of the
Estimates Committee was constituted in July 1957 to deal with the public undertakings.
On 10 April 1958, the Prime Minister appointed a Sub-Committee of the Congress
Party in Parliament to consider the problems relating to State-owned corporations and
companies and to suggest how broad supervision could be maintained by Parliament
in the day-to-day activities of these concerns. The Sub-Committee endorsed the
595. P. Deb., (I), 2-4-1954, c. 1680.
596. H.P. Deb., (II), 10-12-1953, cc. 1904-42; and 11-12-1953, cc. 1958-81.
597. Ibid., 10-12-1953, cc. 1918-19.
598. Ibid., c. 1981.
599. See Parliamentary Control Over State Undertakings, Report of the Sub-Committee of the Congress
Party in Parliament (popularly known as the Krishna Menon Committee), p. 8.
600. Min. (R.C.) 17-12-1953 and L.S. Deb., 21-5-1956, cc. 9075-76; 22-5-1956, cc. 9224-26.
suggestion of Speaker Mavalankar for the setting up of a separate Committee of
Parliament for public undertakings. On 24 November 1961, the Government decided
to appoint a J oint Committee on State Undertakings. On the same day a motion for
the constitution of the Committee, with 10 members from the Lok Sabha and 5 from
the Rajya Sabha, was moved in the House but further discussion was postponed due
to objections raised by some members
601
. Later, the matter was taken up in the
Rajya Sabha and the members of that House objected to their association with the
Committee unless they were given full rights
602
. After taking into consideration the
various objections raised by members in both the Houses, the Government, on
21 September 1963, moved in the Lok Sabha two revised motions for constituting the
Committee which were later adopted by the House
603
, and the Rajya Sabha also
agreed to associate its members with the Committee
604
. In pursuance of these motions,
the Committee was constituted for the first time with effect from 1 May 1964.
Composition
When initially set up, the Committee on Public Undertakings consisted of fifteen
members. Ten members were elected by the Lok Sabha from amongst its members
according to the principle of proportional representation by means of the single
transferable vote. Five members from the Rajya Sabha, elected in like manner, were
associated with the Committee. In order to cope with the increase in the number of
undertakings, the strength of the Committee was raised from fifteen to twenty-two
since 1974-75, fifteen members being elected from the Lok Sabha and seven from the
Rajya Sabha
605
. The members of the Rajya Sabha are invited to associate with the
Committee on a motion adopted by the Lok Sabha and concurred to by the
Rajya Sabha. A Minister is not elected a member of the Committee. If a member, after
his election to the Committee, is appointed a Minister, he ceases to be a member of
the Committee from the date of such appointment.
The Chairman of the Committee is appointed by the Speaker from amongst the
members of the Committee.
The term of office of members of the Committee does not exceed one year
606
.
However, the term of office of members of the Committee constituted for the first
time with effect from 1 May 1964, was for the duration of the Third Lok Sabha, i.e.
for about three years. The term of the Committee is usually between 1 May of the
year of constitution to 30 April of the following year. In case, if the Committee is
constituted later than 1 May of a particular year, like in an election year, the term of
that Committee shall nevertheless end on 30 April of the following year
607
.
601. L.S. Deb., 24-11-1961, cc 1010-66.
602. R.S. Deb., 27-8-1962, cc. 3480-86.
603. L.S. Deb., 20-11-1963, cc. 767 and 768.
604. R.S. Deb., 2-12-1963, c. 1766.
605. Rule 312B(1).
606. Rule 312B(2).
607. The Committee was constituted on 7 August 1998 following the general elections but its term
lasted till 30 April 1999. Likewise, the Committee was constituted on 27 August 2004, and its
termended on 30 April 2005.
Filling of Casual Vacancies
Casual vacancies occurring in the Committee are filled on a motion moved in
regard thereto in the House concerned. The motion in the Lok Sabha is moved by the
Chairman of the Committee and in the Rajya Sabha by a member of the Committee
from that House
608
. Prior to the moving of such a motion in the Rajya Sabha that they
do agree to nominate a member from that House to associate with the Committee for
the unexpired term of the Committee, a motion is adopted by the Lok Sabha
recommending to the Rajya Sabha to fill a casual vacancy and the Lok Sabha is
officially informed through a message about the name of the member elected by that
House. The same procedure is followed to fill a casual vacancy when any member of
the Committee from the Rajya Sabha retires under the provisions of the Constitution.
Functions
The functions of the Committee are:
(a) to examine the reports and accounts of such public undertakings as have
been specifically allotted to the Committee for this purpose
609
;
(b) to examine the reports, if any, of the Comptroller and Auditor-General on
public undertakings;
(c) to examine, in the context of the autonomy and efficiency of public
undertakings, whether the affairs of the public undertakings are being
managed in accordance with sound business principles and prudent
commercial practices; and
(d) to exercise such other functions vested in the Public Accounts Committee
and the Estimates Committee in relation to the public undertakings specified
for the Committee 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
610
.
608. A motion was to be moved in the Rajya Sabha to nominate three members in the vacancies caused
by the resignation of three members from the Committee. There was no member of the
Rajya Sabha on the Committee to move the motion (as there had already been two vacancies due
to the retirement of members fromthe Rajya Sabha which had not been filled by then). The
motion was moved by the Minister of State in the Department of Parliamentary Affairs
R.S. Deb., 12-5-1956.
609. The public undertakings specified for the Committee are:
I. Public undertakings established by Central Acts namely, Damodar Valley Corporation; Life
Insurance Corporation; Central Warehousing Corporation; Food Corporation of India; The
Airports Authority of India; The Industrial Development Bank of India.
II. Every Government company whose annual report is placed before the Houses of Parliament
under sub-section (1) of section 619A of the Companies Act, 1956.
III. Specific enterprises, namely Hindustan Aeronautics Ltd., Bharat Electronics Ltd., Mazagon
Dock Ltd., and Garden Reach Shipbuilders and Engineers Limited.
As in March 1999, there were 248 Public Undertakings (including their subsidiaries)
within the purview of the Committee.
610. State Government Undertakings do not fall within the purview of the Committee. Kerala State
came under the Presidents rule from10 September 1964, and the Government of India became
responsible for the administration of the State. During 1965-66, the Committee took up the
examination of seven Kerala State Government Companies under the direction of the Speaker on
a request made by the Governor of the State.
Besides, a matter of public importance with which a public undertaking is
concerned may be referred to the Committee by the Speaker for examination and
report
611
.
The Committee does not examine and investigate any of the following:
matters of major Government policy as distinct from business or commercial
functions of the public undertakings;
matters of day-to-day administration; and
matters for the consideration of which machinery is established by any special
statute under which a particular public undertaking is established
612
.
The examination of public undertakings by the Committee is generally in the
nature of an evaluation of the performance of an undertaking covering all aspects like
implementation of policies, programmes, management, financial working, etc.
Procedure in Committee
At the beginning of each term, the Committee selects
613
the subjects or the
undertakings for examination during the course of the term. It is also the practice to
select
614
a few subjects or undertakings in advance for the ensuing year.
Besides the full-fledged examination of an undertaking or a subject, a Committee
can also conduct a limited inquiry into the affairs of an undertaking which are of
topical interest. In such cases, the Chairman is authorised to ascertain full facts from
the undertaking concerned without prior reference to the Committee
615
.
The Ministry or the undertaking concerned with the subjects to be examined by
the Committee is asked to furnish preliminary material for use of the members of the
Committee. The material on receipt is circulated to the members who, after going
through it, frame questions or points on which further information is required by
them. Based on these points as also on an independent scrutiny of the preliminary
material and other available literature on the subject, the Secretariat, with the approval
of the Chairman, prepares a questionnaire for the examination of concerned
undertakings and the Ministries. The questionnaire is circulated to the members of the
Committee as well as to the concerned undertaking/Ministry well before the evidence
of the representatives of undertaking/Ministry is held. If the evidence of an undertaking/
Ministry is not completed on the affixed dates, the undertaking/Ministry is required
to send written replies for the remaining questions within a specified period. The
replies, when received, are circulated to members of the Committee and if the
Committee considers necessary, further evidence of the undertaking/Ministry may be
taken.
611. On request made by a member, the matter re. contract entered into by the State Trading Corporation
with an American firmfor supply of sulphur was referred to the Committee by the Speaker.
L.S. Deb., 21-7-1967, cc. 13513-16; 25-7-1967, c. 14472.
612. Rule 312A.
613. For 1997-98, the Committee selected 23 subjects for examination.
614. Min. (CPU), 24-12-1964 and 10-3-1966.
615. Ibid., 8-9-1964.
The Committee may also invite memoranda on the subjects under examination
from non-official organisations such as chambers of commerce, trade organisations,
professional consultants, companies in the private sector and also from private
individuals. Memoranda are called for from such non-official organisations, etc. as
have shown a keen interest in the subject or have expert knowledge of the industry
and whose views may be of help to the Committee.
The Committee may also call for memoranda from the chief office-bearers of
registered unions of the undertakings taken up for examination. As and when the
Committee visits any of the undertakings or projects under examination, an opportunity
is given to the registered unions of employees or workers of that undertaking to
express their views on the working of the undertaking. If it is deemed necessary, the
Committee asks the unions to send their representatives to Delhi, at their own expense,
to give further evidence before the Committee. The views of the unions on matters
like productivity, cost of production, avoidance of waste, efficiency and economy are
taken into consideration but the Committee does not go into individual cases or
matters pertaining to industrial disputes
616
.
Horizontal Study of Public Undertakings
In addition to the public undertakings selected for examination, the Committee
also takes up horizontal study of a few common aspects or problems of these
undertakings
617
. In such cases, information on the particular aspects or problems
selected for examination is called for from all the undertakings. After the information
has been received and scrutinised, evidence of the representatives of the concerned
Ministries is taken. In other respects, the procedure adopted by the Committee in such
horizontal studies does not differ much from that followed in the examination of
individual undertakings.
Study Groups/Sub-Committees
After the selection of subjects, Study Groups are appointed for carrying out
detailed studies of the subjects selected and providing assistance to the Committee in
intensive examination of the subjects. A Sub-Committee is also appointed to consider
the replies of the Government indicating action taken on the various recommendations
of the Committee in their earlier reports and also to consider the draft action taken
report.
616. Min. (CPU), 8-9-1964 and 24-9-1964.
617. The Committee has examined important aspects like Material Management, Financial Management,
Public Relations and Publicity, Production Management, Personnel Policies and Labour Management
Relations, Role and Achievements of Public Undertakings, Foreign Collaboration in Public Sector
Undertakings, Structure of Boards of Management of Public Undertakings, Appointment of
Auditors in Government Companies, Management and Control Systems, Productivity in Public
Undertakings, Accountability and Autonomy in Public Undertakings, Disposal of scrap of Public
Undertakings, Litigations pending in Public Undertakings, Social Responsibilities and Public
Accountability of Public Undertakings and Sickness in Public Undertakings, Oil Exploration,
Health Insurance, and Performance of Power generating PSUs.
Study Tours
The Committee undertakes tours to make a study of the working of the
undertakings under examination if it appears to the Committee that a study on-the-
spot should be made
618
. The itinerary is so prepared as to enable the Committee to
visit a number of projects and offices of the undertakings under examination in the
same tour. The tours are arranged when Parliament is not in session. Besides such
tours, visits to a project or an office near about Delhi or visits to local offices are also
arranged during a week end.
While on tour, the Committee, like the other Parliamentary Committees, holds
informal sittings at the place of the visit where the working of the undertaking is
discussed with the project authorities but at such sittings, no decisions are taken nor
any evidence recorded
619
. Occasionally, the Committee holds discussions with the
representatives of non-official organisations to have their views and suggestions on
the working of the undertakings under examination. A note summing up the impressions
formed and discussions held with the officials and others during the tours is prepared
by the Secretariat and circulated to the members of the Committee after it is approved
by the Chairman.
Evidence
The Committee calls officers of the undertaking to appear before it to give
evidence in connection with the examination of that undertaking, and the evidence is
usually completed in two to four sittings of the Committee. Thereafter, the Committee
takes evidence of the officers of the administrative Ministry concerned. Whereas
discussion with the Officers of the undertaking relates to matters connected with the
detailed working of the organisation, evidence of the Ministry is concerned with
policy matters and such other matters for which the Ministry is responsible, partly or
wholly. The practice of calling the representatives of an undertaking separately from
those of the concerned administrative Ministry has been established in view of autonomy
claimed for the undertakings and in order to afford them full scope to put forward
their points of view freely.
When the evidence of the representatives of an undertaking is being held, the
representatives of the administrative Ministry concerned are not permitted to be present
and vice versa.
Assistance of Comptroller and Auditor-General
The Committee takes the assistance of the Comptroller and Auditor-General or
his representatives in pursuing such matters as have been raised in the Audit Report
(Commercial) or in the Audit Reports pertaining to Government companies or statutory
corporations which have been taken up for examination. The Committee obtains a
Memorandum of Important Points from the Comptroller and Auditor-General on the
issues raised in the Audit Reports. Suitable questions are framed on the basis of the
618. 1R (CPU), rule 10.
619. Ibid., rule 10(3).
Audit Reports and the memorandum furnished by the Comptroller and Auditor-General.
When the Committee takes evidence of the representatives of the undertakings under
examination, it is assisted by the Comptroller and Auditor-General or his representatives
who may, with the permission of the Chairman, ask a witness to clarify a point or may
make a statement on the facts of a case. The association of the Comptroller andAuditor-
General or his representatives in the discussion is confined only to points relating to
Audit paras; when such discussion is over, they withdraw from the Committee room.
Before taking evidence of the representatives of an undertaking, the Committee
holds an informal meeting with the Comptroller and Auditor-General for clarification
of any points arising out of the Audit paragraphs.
Preparation and Presentation of Report
After the examination of a subject has been completed, the Committee frames
its conclusions and recommendations for inclusion in the report
620
. On the basis of
these conclusions and recommendations, a draft report is prepared by the Secretariat.
After the Chairmans approval, it is circulated to the members of the Committee and
considered at a sitting held for the purpose
621
.
Advance copies of the report (excluding recommendations) as adopted by the
Committee are marked Secret and sent to the Ministry and undertaking concerned
for verification of factual details. Portions of the report which are based on, or are
related, to Audit paragraphs are sent to the Comptroller and Auditor-General for
factual verification. It is enjoined on them to treat the contents of the report as secret
until its presentation to the Lok Sabha
622
.
Any comments that may be offered by the Ministry and the undertaking are
placed before the Chairman who makes suitable modifications in the report to correct
factual inaccuracies. When additional facts which are likely to alter decisions contained
in the report are furnished by the Ministry, the Chairman may place the matter before
the Committee for consideration
623
.
An authenticated copy of the report is presented in the Lok Sabha by the
Chairman but if he is unable to do so then one of the members of the Committee is
authorised to present it on his behalf. Simultaneously, the report is laid on the Table
of the Rajya Sabha by one of the members of the Committee belonging to that House
authorised by the Committee in this behalf. If the Rajya Sabha is not in Session on
the day on which the report is to be presented to the Lok Sabha, the report is laid on
the Table of that House when it assembles next.
As a convention, the reports of the Committees like those of the Estimates
Committee and the Public Accounts Committee are not discussed in the House.
620. On matters of minor importance, the Committee authorises the Chairman to convey the views of
the Committee directly to the Ministry concerned, instead of incorporating themin the report.
Min. (CPU).
621. 1R (CPU), rule 24, Introductory Guide (CPU No. 667), paras 105-09.
622. 1R (CPU), rule 25.
623. Ibid., rule 26.
Minutes of Sittings
The minutes of the sittings of the Committee are prepared by the Secretariat for
each report and copies thereof, duly authenticated by the Chairman, are laid on the
Tables of both the Houses along with the report to which they relate
624
.
Implementation of Recommendations
After the presentation of the Committees report to the Lok Sabha, copies
thereof are forwarded to the Ministry and the undertaking concerned who are required
to furnish to the Secretariat within six months of the presentation a statement showing
the action taken by the Government on the recommendations contained in the report.
The Action Taken Sub-Committee headed by the Chairman examines the statement
and prepares an Action Taken Report consisting of the following Chapters:
I. Report; II. Recommendations that have been accepted by the Government;
III. Replies of the Government that have been finally accepted by the Committee;
IV. Replies of the Government that have not been finally accepted by the Committee;
and V. Recommendations in respect of which final replies of the Government have not
been received.
The draft report is later considered and adopted by the whole Committee. The
draft Action Taken Report as adopted by the Committee without recommendations
is sent to the Ministry/Department and undertaking concerned for factual verification.
The Chairman of the Committee finalises the Report in the light of comments of the
Ministry, etc. and decides the date of its presentation.
Replies received from the Government to the recommendations
625
in respect of
which comments were made by the Committee in Chapter I and the final replies to
the recommendations contained in Chapter V of the Action Taken Report are laid on
the Tables of both the Houses by the Chairman or a member of the Committee
without further processing or comments by the Committee.
Committee of Privileges
Each House of Parliament collectively, and its members individually, enjoy
certain privileges, i.e. certain rights and immunities without which the House and its
members cannot discharge the functions entrusted to them by the Constitution. The
object of these privileges is to safeguard the freedom, the authority and the dignity
of the House, its Committees and members
626
. Where there is any question of an
alleged breach of a privilege, the matter may be examined by the House but generally
it is referred by the House to its Committee of Privileges for examination, investigation
and report.
624. 1R (CPU), rule (23); Introductory Guide (CPU No. 667), para 104.
625. The Ministry/Department/Undertaking is not required to furnish comments on the Action Taken
Reports except in cases where replies to any recommendations in the original reports have been
reported as outstanding or the Committee have otherwise specifically desired so in Chapter I of
the Report.
626. For details about powers, privileges and immunities of the Lok Sabha, etc., see Chapter XI.
At the commencement of a new Lok Sabha and thereafter from time to time,
the Speaker nominates the Committee consisting of not more than fifteen members
627
.
Usually, the Committee is reconstituted each year along with other Parliamentary
Committees of the Lok Sabha. In constituting the Committee, the Speaker takes into
consideration the claims, interests and the strength of various Parties and Groups in
the House so that the Committee is fully representative. The Minister of Law and the
Minister of Parliamentary Affairs are generally included in the Committee. The Deputy
Speaker, when a member of the Committee, functions as the Chairman of the
Committee
628
.
The Committee of Privileges was first appointed by the Speaker on 1 April
1950
629
. Initially, only ten members were appointed to the Committee. Subsequently,
the strength of the Committee, as in the case of the other Parliamentary Committees,
was increased to fifteen in order to give adequate representation to various Parties
and Groups in the House. The Committee reconstituted on 2 May 1955, for the first
time consisted of fifteen members
630
.
Functions
When leave to raise a question of privilege is granted by the House, the House
may consider the question itself and come to a decision or refer it to the Committee
for consideration and report on a motion made either by the member who raised the
question or by any other member
631
. In practice, the House usually refers almost all
questions of privilege to the Committee and reserves its judgment until the report of
the Committee is presented
632
.
Besides, the Speaker may also suo motu refer any question of privilege to the
Committee for examination, investigation and report
633
. In such cases, the Committee
presents its report to the Speaker who may either direct that the report be laid on the
Table
634
or that no further action be taken on the report. When the report is laid on
the Table, further action in the matter is taken in accordance with the decision of the
House. In certain cases, where the question of privilege was referred to the Committee
627. Rule 313.
628. Rule 258(1), Proviso.
629. P. Deb., (II), 1-4-1950, cc. 2401-02.
630. Bn. (II), 3-5-1955, para 2173.
631. Rule 226.
632. L.S. Deb., 27-11-1958, cc. 1669-1756; 10-2-1959, cc. 140-72; 30-8-1960, cc. 5652-54;
20-4-1961, cc. 12659-70; 17-3-1982, cc. 288-90; 29-4-1983, c. 273. There arose a case in 1967
when opinion was divided in the House about the alleged breach of privilege. Instead of referring
the matter to the Committee of Privileges, the issue was decided on the floor of the House
L.S. Deb., 5-4-1967, cc. 2914-3001. In another case, in 1970, a question of alleged breach of
privilege was decided on the floor of the House without referring the matter to the Committee by
summoning two concerned police officers and accepting their apologiesL.S. Deb., 3-12-1970,
cc. 185-87.
633. Rule 227.
634. See 1 to 7 R, 10 R (CPR-2LS); 4R (CPR-10LS).
by the Speaker after a brief discussion in the House, the Committee presented its
report to the House
635
.
It is the duty of the Committee to examine every question of privilege referred
to it to determine with reference to the facts of each whether a breach of privilege is
involved and, if so, the nature of the breach, the circumstances leading to it, and make
such recommendations as it may deem fit
636
. Thus, the Committee may recommend
some specific form of punishment to be awarded to the offenders
637
. The Committee
may also suggest the procedure that might be followed by the House in giving effect
to the recommendations made by it
638
.
The Committee has also sometimes been required by the House or the Speaker
to consider questions of procedure relating to the privileges of the House
639
. In one
case, the Committees of Privileges of the Lok Sabha and of the Rajya Sabha held
joint sittings and presented a joint report on the question of procedure to be followed
in cases where a member or an officer of one House is alleged to have committed a
breach of privilege or contempt of the other House
640
.
With the coming into force with effect from 18 March 1986, of the Members
of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985 made by the
Speaker under paragraph 8 of the Tenth Schedule to the Constitution
641
, an additional
function has been assigned to the Committee. The Speaker may, if he is satisfied
having regard to the nature and circumstances of the case that it is necessary or
expedient to do so, refer
642
a petition regarding disqualification of a member on
ground of defection to the Committee for making a preliminary inquiry and submitting
a report to him
643
. The procedure
644
followed by the Committee for the purposes of
635. Deshpande Case (1LS 1952); Dasaratha Deb. Case (1LS 1952). Sittha Case (1LS 1952);
Sundarayya Case (1LS 1952).
636. Rule 314.
637. Blitz Case13R (CPR-2LS); S.C. Mukherjee Case12R (CPR 4LS).
638. Rule 314; see also 1R and 6R (CPR-2LS).
639. 1R and 6R (CPR-2LS).
640. Report of J oint Sitting of Committees of Privileges of the Lok Sabha and the Rajya Sabha
(1954).
641. Added to the Constitution by the Constitution (Fifty-second Amendment) Act, 1985, which came
into force with effect from1 March 1985.
642. There have been two cases where the Speaker had referred matters arising out of petitions for
disqualification under the Tenth Schedule to the Constitution, to Committee of Privileges for
making preliminary inquiry and submitting a Report to him. Both cases pertained to the
8th Lok Sabha(i) Lalduhoma case: L.S. Deb., 16-11-1987, cc. 263-64 (ii) Hardwari Lal Case:
Bn. (II), 15-1-1988, para 2034.
643. Rules 2(b) and 7(4) of the Members of Lok Sabha (Disqualification on ground of Defection)
Rules, 1985.
644. In the context of petitions for disqualification given by Mohd. Shahid Akhlaque, Bhal Chandra
Yadav and Ramakant Yadav, members belonging to BSP, under the Tenth Schedule to the
Constitution and Rules made thereunder (referred to the Committee during 14th Lok Sabha), the
Committee of Privileges (14 LS) after giving a very careful thought to the true import of the term
preliminary inquiry and without prejudice to the findings and conclusions contained in the
Report of the predecessor Committee (Committee of Privileges, 8LS) had come to a conclusion
that in such matters the Committee are required only to give their findings on the facts of the case
making a preliminary inquiry is generally the same as the procedure for inquiry and
determination by the Committee of any question of breach of privilege of the House.
The Committee does not come to any finding that a member has become subject to
disqualification under the Tenth Schedule without affording a reasonable opportunity
to such member to represent his case and be heard in person
645
.
The Committee does not associate any person or body from outside, formally
or informally, with its deliberations.
When a question of privilege is referred to the Committee by the House or by
the Speaker, a memorandum on the subject is prepared by the Secretariat for the
consideration of the Committee. The memorandum sets out briefly the issue(s) involved,
the facts of the case, and the law, practice and precedents bearing on the question.
This memorandum is circulated to the members of the Committee along with the
notice of the sitting at which the matter is to be considered by the Committee. The
Committee may also ask the Secretary-General to have a memorandum prepared for
their consideration on any specific point of fact or law involved in the matter
646
.
For a proper examination of the question of privilege involved, the Committee
may hear the member who raised the question of privilege in the House
647
, or permit
him to explain his case in a written statement
648
, or hear any other member of the
House who may desire to place his views before the Committee on the question of
privilege under consideration
649
or decide not to hear him
650
. Where the breach of
privilege involved is that of a member of the House, usually the Committee affords
him an opportunity to explain his case before the Committee in person
651
.
The Committee has the power to send for persons, papers and records
652
. A
witness may be summoned by an order signed by the Secretary-General to appear
before the Committee and to produce such documents as may be required for the use
of the Committee
653
. It is the general practice for the Committee to give an opportunity
and it isnt the Committees remit to decide questions of law and arrive at conclusions on the
merits of the case and make recommendations. The Committee accordingly vide their Sixth,
Seventh and Eighth Reports gave their findings only on the facts of the matters. In the subsequent
cases too i.e., those pertaining to petitions under the Tenth Schedule to the Constitution (referred
to the Committee of Privileges) against Kuldip Singh Bishnoi, Haribhau Rathod, Dr. P.P. Koya,
Adv. Tukaram Renge Patil, Rajnarayan Budholiya, Dr. C. Krishnan, L. Ganesan, Gingee N.
Ramachandran, S. Ravichandran, MPs the Committee vide their Fourteenth, Fifteenth, Sixteenth,
Eighteenth, Twentieth and Twenty First Reports respectively gave their findings only on the facts
of matters.
645. Rule 7(7).
646. Sinha Case and Sundarayya Case (1LS).
647. Deshpande Case (1LS); 8R (CPR-2LS).
648. Dasaratha Deb. Case (1LS).
649. Blitz Case-13R (CPR-2LS); 12R and 14R (CPR-3LS).
650. 11R (CPR-3LS).
651. Deshpande Case (1LS); Dasaratha Deb. Case (1LS); 4R (CPR-2LS); 8R (CPR-2LS); Krishnan
Manoharan Case 11R-(CPR-5LS); Kumvar Ram Case (CPR-7LS); Satish Agarwal Case5R
(CPR-7LS); Satyanarayan Jatiya CaseSLR (CPR-7LS).
652. Rule 270.
653. Rule 269.
to the person alleged to have committed a breach of privilege or contempt of the
House to submit his explanation to the Committee in writing
654
, and also in person
655
.
The Committee may, under the direction of the Speaker, permit a witness to be heard
by a counsel appointed by him and approved by the Committee
656
. The Committee
may, where the facts of the case are disputed, administer oath or affirmation to a
witness examined before it
657
.
Where the charge of a breach of privilege or contempt of the House is based
on some document, the Committee may ask for the production of the document in
original
658
.
The Committee decides in each case whether the evidence, oral or written,
given before it should be appended to its report
659
. No minutes of dissent are appended
to the reports
660
, but the Committee may agree that it be mentioned in the minutes that
a member expressed his dissent from its report or findings or recommendations
661
.
The Committee has also permitted a note containing the views of its member(s) being
appended to its report
662
.
Consideration of Report
After the report of the Committee has been presented to the House, the Chairman
or any member of the Committee or any other member may move that the report be
taken into consideration, whereupon the Speaker may put the question to the House.
Before putting the question, the Speaker may permit a debate on the motion which
normally does not exceed half an hour in duration. In this debate it is not permissible
to refer to the details of the report further than is necessary to make out a case for
the consideration of the report by the House
663
.
To the motion that the report be taken into consideration, there can be a motion
or an amendment that the House agrees, or disagrees, or agrees with amendments,
with the report.
After the motion that the report be taken into consideration was adopted,
a motion that the person incriminated against be asked to attend the House
was moved and held to be in order, before the motion that the House agrees
or disagrees, or agrees with amendments, with the report, was moved
664
.
654. Deshpande Case (1LS); Sundarayya Case (1LS); 7R, 11R, 12R and 13R (CPR-2LS); 1R
(CPR-3LS).
655. Deshpande Case (1LS); Blitz Case13R (CPR-2LS).
656. Rule 271.
657. Rule 272; Deshpande Case (1LS).
658. Sinha Case (1LS); SR (CPR-2LS).
659. In a case, in response to the wishes of the House, the Committee agreed to append the written
statement and oral evidence of a member given before it-4R and 7R (CPR-3LS).
660. Dir. 68(3); MR (CPR-3LS).
661. 3R, 4R, 5R, 11R and 13R (CPR-3LS).
662. Deshpande Case (1LS); 4R and 5R (CPR-3LS); Indira Gandhi Case 3R (6LS).
663. Rule 315(1) and (2).
664. L.S. Deb., 18-8-1961, cc. 3064-65 re. 13R (CPR-2LS).
A motion or an amendment relating to matters not covered by the report under
consideration or referring the report back to the Committee is not in order
665
. In case
of further developments after presentation of the report, the House may consider the
matter itself instead of referring it back to the Committee
666
.
However, on a motion moved by the Leader of the House, a report was
referred back to the Committee for consideration of certain matters arising
out of that report
667
; and on another occasion, after hearing the member who
had originally raised the question of privilege, a report was referred back, at
the consideration stage, for reconsideration of the Committee
668
. On one
occasion, the House, while accepting the findings of the Committee, referred
back the report to the Committee for a review of the quantum of punishment
to be awarded
669
.
Where the Committee reports that no breach of privilege of the House has been
committed, no further proceedings are usually taken in reference to the report
670
.
However, on the Committee reporting that no breach of privilege has been committed
and recommending that no action be taken in the matter, the House may consider the
report and then resolve that the matter need not be proceeded with
671
.
Where a regret is expressed or clarification is given by the alleged offender, the
Committee may not give a finding whether or not a breach of privilege has been
committed and recommend that no further action be taken by the House in the matter
672
.
In such cases, the recommendation is invariably accepted by the House.
A motion that the report of the Committee be taken into consideration is normally
accorded the priority assigned to a matter of privilege unless there has been delay in
bringing it forward. The Speaker fixes the date on which the motion can be taken up,
after taking into consideration the state of business before the House and the urgency
of the matter. He may also consult the Leader of the House before giving his decision
in the matter. However, if a date has already been fixed for the consideration of the
report, the motion is given priority on the day so appointed. In case considerable time
has elapsed since the report was presented, the Speaker has the discretion to disallow
notice of a motion for consideration of that report
673
.
665. Ibid., 24-2-1959, cc. 2692-715.
666. Ibid., 19-8-1961. c. 3333 re. 13R (CPR-2LS).
667. This was in connection with the expunction of a written statement and oral evidence of a member
given before the Committee.
668. L.S. Deb., 24-11-1969, cc. 210-22.
669. Kunwar Ram Case2R (CPR-7LS); L.S. Deb., 13-7-1982, cc. 616-66.
670. For instances, see Deshpande Case (1LS-1952); Dasaratha Deb Case (1LS-1952); Sinha Case
(1LS-1952); Sundarayya Case (1LS-1952); 4R and 5R (CPR-2LS); and Dr. Nagendra Singhs
Case-1R (CPR-2LS).
671. See 8R (CPR-2LS); L.S. Deb., 24-2-1959, cc. 2692-715.
672. Kunwar Ram Case2R (CPR-7LS); Bhogendra Jha Case4R (CPR-7LS).
673. Rule 316.
Committee on Subordinate Legislation
With the ever-widening governmental activity in a welfare State, subordinate
legislation has become a necessity
674
. While Parliament lays down broad principles
in a legislative measure, it leaves it to the Executive to frame, in conformity with
those principles, formal and procedural details about that measure in the form of
rules, regulations, etc. The authority so delegated to the Executive has to be kept
under scrutiny. Parliament exercises the necessary check and control in this respect
through the Committee on Subordinate Legislation. It is the function of the Committee
to see that the rule-making power of the Executive, conferred by the Constitution or
delegated by the Parliament, is being exercised within the scope of such delegation
675
.
Each House of Parliament has its own Committee and they function independent of
each other.
Composition
In the Lok Sabha, the Committee consists of fifteen members who are nominated
by the Speaker
676
. In making selection from a panel of names submitted by the Leader
of the House and by the Leaders of other Parties and Groups, the Speaker gives
preference to those who have legal background and experience.
The suggestion for having a Standing Committee on Subordinate
Legislation was first made in the Provisional Parliament during the Budget
Session in 1950
677
. The rules for constituting such a Committee were framed
and incorporated in the Rules on 30 April 1951
678
. The first Committee was
constituted on 1 December 1953, and consisted of ten members. The strength
of the Committee was raised to fifteen by amending the relevant rule on
9 J anuary 1954
679
.
The term of office of the Committee is one year from the date of its
appointment
680
. Like most other Standing Committee CSL is constituted in the
beginning of a new Lok Sabha and then reconstituted annually.
Functions
The main function of the Committee is to scrutinise and report to the House
whether the powers to make regulations, rules, sub-rules, bye-laws, etc. (hereinafter
referred to as orders) conferred by the Constitution, or delegated by Parliament, are
being properly exercised within such delegation
681
.
674. For details, see Chapter XXIVSubordinate Legislation.
675. For observations of the Law Commission of India on the working of the Committee, see
14th Report of the Commission, Vol. II, p. 706.
676. Rule 318.
677. P. Deb., (II), 11-4-1950, p. 2783.
678. Min. (RC-1LS), 24-4-1951.
679. Ibid., 17-12-1953.
680. Rule 318(2).
681. Rule 317.
The Committee also examines Bills which seek to delegate powers to make
orders or to amend earlier Acts delegating such powers, with a view to seeing
whether suitable provisions for the laying of the orders before each House of
Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, have been made
therein, as also for their being subject to modification by both the Houses before the
expiry of the session immediately following the session or the successive sessions
aforesaid
682
.
The Speaker, if he so desires, may refer a Bill containing provisions for delegation
of legislative powers to the Committee to examine the extent of such powers sought
to be delegated
683
. Where powers are proposed to be delegated to State Governments
or other authorities for bringing into operation any subsidiary provisions or for making
any further orders, the Committee is to examine the necessity for such delegation
as well as the extent and the manner in which such powers are to be exercised by the
subordinate authorities concerned. If the Committee is of the opinion that the provisions
delegating legislative powers should be annulled wholly or in part, or should be
amended in any respect, it reports that opinion and the grounds thereof to the House
before the Bill is taken up for consideration or further consideration in the House
684
.
Besides reporting to the House its opinion about annulment or modification of
any order, the Committee brings to the notice of the House any other matter relating
to orders which it feels should be placed before the House
685
.
682. In practice, all Bills are examined by the Secretariat immediately after their introduction in, or on
being transmitted by the Rajya Sabha to the Lok Sabha. If a Bill does not contain provisions for
laying of orders for their being subject to modification by Parliament, the matter is placed before
the Committee and necessary amendment to the Bill is sponsored by a member of the Committee
wherever possible. Such amendments are normally accepted by the House. See 3R (CSL-2LS),
paras 25-29 and 5R (CSL-2LS) paras 28-29. Where the Bill in question is to be referred to a
Select/J oint Committee, this defect is brought to the notice of that Committee at the appropriate
time for incorporating the necessary provision in the Bill5R (CSL-2LS), paras 26-27. re. the
Gold (Control) Bill, 1963.
683. During the discussion on the motion for consideration of the Essential Services Maintenance Bill,
1968, the Chair referred the Bill to the Committee for examination and report, when doubts arose
whether the delegation of rule-making powers contained in the Bill was of a normal or exceptional
nature. The Committee was of the opinion that although the delegation of powers was normal and
within the ambit of the legislative policy laid down in the Bill, the relevant clause of the Bill
should be recast to provide for a positive approval by Parliament of the rules framed thereunder
within forty days from the day of their being laid on the Table or from the reassembly of
Parliament, as the case may be; otherwise, the rules would cease to be operative. The amendment
recommended by the Committee was adopted by the HouseSee 3R (CSL-4LS); L.S. Deb.,
12-12-1968, cc. 173-74 and 17-12-1968, cc. 217-25, 227-369 and 370.
684. Dir. 103 A.
685. Rule 321(2) and Dir. 103(3).
The Committee has brought several matters before the House in the formof recommendations;
e.g. giving of short titles and adequate references in the amending orders, the numbering of rules,
reprinting of original rules whenever they are extensively amended, non-exercise of rule-making
powers, and the avoidance of unusually long sentences in the rules, etc.see 3R(CSL-1LS)
paras 41-46; 4R (CSL-1LS), paras 30-38; 6R (CSL-1LS), paras 75-76; 3R (CSL-2LS),
paras 4-6 and 30-59; 4R (CSL-2LS), paras 32-35; 5R (CSL-2LS), para 21; 6R (CSL-2LS),
para 21.
In practice, the Committee scrutinises all orders made by the Government of
India or by any other subordinate authority
686
ultimately responsible to the Government,
and which are published in the Gazette or laid on the Table. The Committee does not
scrutinise the orders which are made by the State Governments in exercise of powers
conferred on them by an Act of Parliament
687
. Similarly, the Committee does not
scrutinise the rules which are made by the Supreme Court under article 145, by High
Courts under the Code of Civil Procedure, and the rules made by the President in
consultation with the Chairman of the Rajya Sabha and the Speaker of the
Lok Sabha
688
.
Scope of Deliberations and Inquiry
While examining an order, the Committee considers in particular
689
whether
it is in accord with the general objects of the Constitution or the Act pursuant to which
it is made
690
whether it contains matter which in the opinion of the Committee should
more properly be dealt with in an Act of Parliament
691
; whether it contains imposition
of any tax
692
; whether it directly or indirectly bars the jurisdiction of the courts
693
;
whether it gives retrospective effect to any of the provisions in respect of which the
Constitution or the Act does not expressly give any such power
694
; whether it involves
expenditure from the Consolidated Fund of India or the Public Revenues; whether it
686. For instance, orders of legislative character issued by the Textile Commissioner in exercise of
powers delegated by the Government of India under the Essential Commodities Act, 1955, or the
rules made thereunderSee 2R (CSL-2LS), paras 55-62; bye-laws, etc. made by various Cantonment
Boards under the Cantonments Act, 1924.
687. For instance, the orders made by the State Governments under the Motor Vehicles Act, 1939, and
under several labour laws enacted by Parliament.
688. For instance, rules made by the President after consultation with the Speaker/Chairman under
art. 98(3).
689. Rule 320.
690. In the case of the Delhi Transport Authority Rules, 1952, the Committee observed that the
Chairmans powers to overrule the views of the Chief Accounts Officer were contrary to section
16(3) of the Delhi Road Transport Authority Act, 1950, under which the rules had been framed
2R (CSL-1LS), paras 20-22. For other similar instances, see 3R (CSL-1LS), paras 30-31;
4R (CSL-1LS), paras 18-20; 6R (CSL-1LS), paras 29-31; 1R (CSL-2LS), paras 30-33, 62 and 72;
5R (CSL-2LS), paras 24 and 25; 20R (CSL-5LS), para 111.
691. The provisions of rule 6A of the Cinematograph (Censorship) Rules, 1951, as inserted by SRO
85 of 1953, were regarded by the Committee as substantive which ought to have been incorporated
in the relevant Act rather than in the rules2R(CSL-1LS), paras 6-8. Subsequently, the provisions
were incorporated in the Act4R(CSL-2LS), p. 19, item1; see also 2R(CSL-1LS) paras 23-24;
3R(CSL-1LS), para 8; 3R(CSL-2LS), paras 21-25; and 19R(CSL-5LS), para 27.
692. The Committee has observed that the power to impose fees by rules or bye-laws should expressly
be given in the parent Act, see 1R (CSL-2LS), paras 9-13, 67-72, 99-101 and 131-133; 2R
(CSL-2LS), paras 9-11, 26-27, 35-40 and 55-59; 5R (CSL-2LS), paras 4-9; 22R (CSL-7LS),
para 43; and 19R (CSL-8LS), para 49.
693. Provision of rule 6A was held by the Committee to oust the jurisdiction of courts and accordingly
the provision was beyond the limits of rule-making powers2R (CSL-1LS), paras 6-8; see also
1R (CSL-1LS), paras 14-17, and 26R (CSL-7LS), paras 28-29.
694. See 3R (CSL-2LS), paras 7-9 and 6R (CSL-2LS), paras 18-19see also Indian Sugars and Refineries
Ltd. v. State of Mysore and others, A.I.R. 1960, Mysore 326; 2R (CSL-4LS), para 10;
7R (CSL-4LS), para 49; and 4R (CSL-6LS), para 9.
appears to make some unusual or unexpected use of the powers conferred by the
Constitution or the Act pursuant to which it is made
695
; whether for any reasons its
form or purport calls for any elucidation
696
; and whether there appears to have been
unjustifiable delay in its publication
697
or in laying it before Parliament
698
.
Normally, all orders should be published before the date of their enforcement
or they should be enforced from the date of their publication. However, if in any
particular case the orders have to be given retrospective effect in view of any
unavoidable circumstancesthe retrospection having otherwise legal validity
a clarification is required to be given either by way of an explanation in the orders
or in the form of a footnote to the relevant orders to the effect that no one will be
adversely affected as a result of the retrospective effect being given to such orders
699
.
While examining an order, the Committee also keeps in view the following
points:
that it is couched in simple language
700
; that it contains, if it is an
amending regulation or rule, adequate references to the principle regulation,
rules, etc., and to the last amendment, if any, so that one could keep a track
of the amendments in the principal rules
701
; that it indicates exact statutory
authority under which it has been made
702
; that it does not involve sub-
delegation of legislative power without the authority of the parent Act
703
or
where sub-delegation is authorised, it should not be wide and general, without
proper safeguards
704
; that it is not likely to cause any hardship to any citizen
on the ground of lack of adequate notice provisions
705
, that it does not
contain provisions whereby the Executive is empowered to issue orders
affecting the interests of citizens without affording them an opportunity of
being heard, and without the right of appeal
706
; that it does not contain any
695. 2R (CSL-1LS), paras 25-27, 4R (CSL-1LS), paras 22-24; 2R (CSL-2LS), p. 17, item 6; and 2R
(CSL-6LS), para 14.
696. On the recommendation of the Committee, the termPort Authority was subsequently defined
in the Calcutta Dock Workers (Regulation of Employment) Scheme, 1956, 2R (CSL-2LS), p. 20,
item13. For another instance, see 4R (CSL-2LS), paras 12-13; and 23R (CSL-7LS), para 67.
697. The Committee reported a number of cases where corrigenda to statutory rules, etc. had been
published after an inordinate delaysee 6R (CSL-1LS), paras 26-28; and 6R (CSL-8LS), para 67.
698. 222 cases involving delay in the laying of the orders on the Table were reported by the Committee
during the First Lok Sabha, 279 cases during the Second Lok Sabha and 160 cases during the
Third Lok Sabha; 93 cases during the Fifth Lok Sabha see 3R (CSL-6LS), para 7; and 99 cases
during the Sixth Lok Sabha.
699. 2R, 5R and 7R (CSL-4LS), paras 10, 22 and 51, respectively.
700. 3R (CSL-1LS), para 9 and 6R (CSL-2LS), para 21.
701. 3R (CSL-1LS), para 45.
702. 6R (CSL-1LS), paras 75-76; 1R (CSL-1LS), paras 76-86; and 2R (CSL-2LS), paras 4-8.
703. 2R (CSL-2LS), paras 41-43.
704. 6R (CSL-1LS), paras 8-13.
705. 3R (CSL-1LS), paras 16-19; and 6R (CSL-ILS), paras 57-59; see also 1R (CSL-1LS),
paras 38-42.
706. 6R (CSL-1LS), paras 6-7; 6R (CSL-2LS), p. 16, item 2: 1R (CSL-2LS), paras 134-37 and
S.O. 1671 of 1958; 2R (CSL-2LS), para 26(2) and S.O. 1670 of 1958.
provision which may result in arbitrary exercise of powers
707
; and that any
of its provisions is not unjustifiable on general democratic principles
708
and
is not ambiguous
709
.
Where an Act provides that certain matters might be regulated by rules,
regulations, etc. framed thereunder, the Committee considers and reports to the House
if there has been an undue delay in framing such rules
710
.
Since there is no general statutory obligation
711
on the Government to reprint
those orders which undergo extensive amendments, the Committee suggested to the
Ministries concerned that such rules should be reprinted from time to time for the
convenience of the public
712
.
Procedure of Working
As soon as an order is published in the Gazette
713
or laid on the Table, it is
examined by the Secretariat to determine whether any of its provisions require to be
brought to the notice of the Committee on any of the grounds specified in the Rule
714
,
or in accordance with any practice or direction of the Committee
715
.
The Committee also takes cognizance of the representations/complaints received
from individuals or organisations in regard to practical working of any rule/regulation
707. Certain Control Orders, issued under the Essential Commodities Act, 1955, conferred wide powers
of search, seizures, etc. without safeguards like the presence of witnesses, preparation of inventory,
etc., as required under the law of criminal procedure. At the instance of the Committee, theControl
Orders were amended suitably.4R (CSL-2LS), paras 44-45; 3R (CSL-2LS), paras 21-23 and
G.S.R. 343 of 1959. See also 6R (CSL-1LS), paras 15-17; 4R (CSL-2LS), paras 28-30, and 6R
(CSL-2LS), p. 10, item11.
708. 6R (CSL-1LS), paras 18-22 and G.S.R. 958 of 1959.
709. 1R (CSL-1LS), paras 152-155 and S.R.Os. 2220-21 of 1957; 1R (CSL-2LS), paras 144-151 and
156-171. and 3R (CSL-2LS), paras 30-45.
710. 3R (CSL-2LS), paras 4-6; see also 5R (CSL-2LS), paras 32-35, where the Committee fixed a
maximumperiod of six months within which rules should be framed after the commencement of
the Act.
711. The only Central Act which prescribes such a condition is the Sea Customs Act, 1878. Section204
thereof lays down that all rules made under the Act and for the time being in force, shall be
collected, arranged and published at intervals not exceeding two years and shall be sold to the
public at a reasonable price.
712. For general recommendation of the Committee regarding reprinting of orders, etc., see 4R
(CSL-1LS), paras 28-29. See also 3R (CSL-2LS), paras 46-52 regarding Committees suggestions
for printing and publication of statutory rules and orders.
713. All rules and regulations framed by the Central Government are normally required by the respective
parent Acts to be published in the Gazette. They become operative only on such publication unless
otherwise expressly laid down in the Act or the rules.
714. Rule 320.
715. In accordance with the recommendation of the Committee, an order is examined to see whether
it bears a short title and whether an explanatory note explaining the general purport of the order
is necessary and is attached to the order for the convenience of the public concerned.See 3R
(CSL-1LS), paras 44 and 46, and 2R(CSL-2LS), p. 16, item9.
In the case of an amending order, it is also checked whether it contains adequate references
to the principal orders.See 3R (CSL-1LS), para 45 and 7R (CSL-2LS), paras 33-35.
and makes appropriate recommendations for modifications/amendments in the rules
through its reports
716
.
If in the course of examination of an order it is considered necessary to seek
a clarification regarding any point arising out of it, the matter is referred to the
concerned Ministry for comments
717
. When the comments are received, the matter is
re-examined and if it is considered necessary to bring any point or points to the notice
of the Committee, a self-contained memorandum on each point is prepared for approval
of the Chairman of the Committee
718
. After the Chairmans approval, the memoranda,
together with copies or extracts of relevant orders, are circulated to the members of
the Committee in advance of the date of the sitting
719
.
At the sitting of the Committee, memoranda are taken up one by one and at the
end of the discussion, the Chairman, taking into account the trend of the discussion,
announces the decision of the Committee which is invariably unanimous and is recorded
accordingly.
Sometimes when important legal issues arise out of an order under examination
of the Committee and if the Committee feels that an authoritative opinion of the
Attorney-General is necessary, such opinion is invited and placed before the Committee
in the form of a memorandum
720
. The Committee then takes a decision after taking
into consideration the opinion of the Attorney-General.
Evidence of Officials
The Committee may call the Secretary of a Ministry or head of a Department
to appear before them for giving evidence on any aspects of the orders under
examination of the Committee.
Study Tours
In rare cases, the Committee may also undertake study tour to any organisation
for on-the-spot study and discussions with officials and representatives of the
organisation about the impact of the orders issued by the Government in pursuance
of an act governing their functioning.
716. For instance, see 16R (CSL-5LS), paras 104-128, 7R (CSL-8LS), para 7; 19R (CSL-8LS),
paras 1-8.
717. Dir. 105(2). In practice, on most points arising out of an order, the views of the Ministry
concerned are obtained in the first instance so that both the opinion of the Secretariat and the
point of view of the Ministry may be placed before the Committee at the same time.
At the instance of the Committee, the opinion of the Attorney-General has also been invited
in some cases, e.g. on the Delhi (Control of Building Operations) Regulations, 1955; the Punjab
Sugarcane (Prohibition of Use or Manufacture of Gur) Order, 1959; and the Exports (Control)
Order, 1977.
718. Dir. 105(3).
719. Dir. 106.
720. 1R (CSL-2LS), paras 70-71; and Min. (CSL-2LS), 16-4-1959, paras 13-16.
Presentation of Report
From time to time, the Committee reports to the House on various orders
examined by it or on any other matter connected therewith
721
.
The introductory chapter begins with a paragraph indicating the number of the
report and the fact that the Committee have permitted the presentation of the report
to the House. The remaining paragraphs of this chapter inter alia show the number
of the sittings held and the number of orders considered by the Committee during
the period mentioned therein and also the date on which the Committee adopted the
report.
Then follow the chapters dealing with the orders in respect of which the
Committee makes their observations and recommendations. Each chapter contains the
point or points raised in respect of a particular rule or regulation, the substance of the
reply, if any, given by the Ministry concerned and the views of the Committee.
Normally the concluding chapter includes information about the action taken or
proposed to be taken by the Government on various recommendations contained in
the earlier reports of the Committee
722
. A summary of recommendations is appended
at the end of the report.
The report, after being signed by the Chairman, is presented to the House on
the date fixed by him.
After a report of the Committee is presented to the House, copies thereof are
circulated to all the members. Reports of the Committee are not discussed in the
House but on occasions the recommendations of the Committee have been referred
to by members during questions or debates in the House
723
. Sometimes, the orders
which are laid on the Table are discussed in the House
724
. When notices of motions
for modification of orders which have been laid on the Table are given by members,
the Business Advisory Committee sometimes refers such motions to the Committee
for consideration and report to the House before the motions are discussed. The
Committee, after hearing the views of the members concerned, considers the suggested
modifications and presents a report to the House. In such cases also, the report of the
Committee is not discussed, but the members, in the course of the debate, may refer
to the views expressed by the Committee in its report
725
.
Implementation of Recommendations
The Committee keeps a constant watch on the implementation of their
recommendations
726
. The Ministries concerned are asked to furnish from time to time
721. Rules 317 and 321.
722. 2R to 8R, 10R to 12R (CSL-2LS).
723. For details regarding discussion of statutory rules and regulations in the House, see Chapter XXIV
Subordinate Legislation.
724. 5R (CSL-1LS).
725. L.S. Deb., 7-9-1956, cc. 6185 and 6195.
726. The progress made in the implementation of the recommendations is shown in the form of
statements appended to the reports of the Committee. See 2R-8R, 10R-13R (CSL-2LS).
a statement of action taken or proposed to be taken by them on the recommendations
made by the Committee and on the assurances
727
given by them in the course of their
correspondence with the Committee. The information so received is examined in the
Secretariat and placed before the Committee in the form of a memorandum with the
approval of the Chairman
728
. If a Ministry is not in a position to implement, or feel
any difficulty in giving effect to, any recommendation, it represents to the Committee
its case explaining the difficulty. The Committee, if satisfied with the views of the
Ministry, either modifies or drops the recommendation
729
. If the reply of the Ministry
is not satisfactory, the recommendation is pursued further
730
. The progress of
implementation of the various recommendations is reported to the House by the
Committee from time to time
731
.
Committee on Government Assurances
Various assurances, promises and undertakings are given by Ministers from
time to time on the floor of the House either to consider a matter, take action or to
furnish information to the House later. In order to ensure that these assurances, etc.
are implemented and in reasonable time, the Lok Sabha has constituted a Committee
on Government Assurances. The Committee on Government Assurances is an innovation
of Indian Parliament. Parliament made this innovation with a view to institutionalising
the procedure to ensure the fulfilment of promises and undertakings given from time
to time by the Ministers on the floor of the House
732
.
The Committee consists of not more than fifteen members who are nominated
by the Speaker. The Chairman of the Committee is appointed by the Speaker from
amongst the members of the Committee. If, however, the Deputy Speaker is a member
of the Committee, he is appointed as Chairman. The Rules prohibit nomination of a
Minister as a member of the Committee, and if a member, after his nomination to the
Committee is appointed a Minister he ceases to be a member of the Committee from
the date of such appointment
733
. The term of office of members of the Committee
does not exceed one year
734
.
The Committee was first nominated by the Speaker on 1 December
1953 with six members only. Nine members were subsequently nominated to
727. Sometimes when a point raised by the Committee is referred to the Ministry concerned, the
Ministry accepts it forthwith and gives an assurance to remove the shortcoming. The Committee
makes a note of such an assurance and report to the House. The implementation of such assurances
is also watched by the Committee. See 13R (CSL-2LS), pp. 8-9.
728. Dir. 108(1).
729. Dir. 108(2). See for instance, 2R (CSL-2LS), p. 24; 6R (CSL-2LS), p. 20.
730. 6R (CSL-2LS), p. 22.
731. L.S. Deb., (I), 24-2-1955, c. 176; and L.S. Deb., 23-11-1954, cc. 798-800; 14-12-1954,
cc. 2893-94; 28-2-1955, cc. 626-28; 28-7-1955, cc. 8753-54; 21-11-1955, cc. 121-28 and
8-12-1961 cc. 4038-39.
732. In this respect, the Lok Sabha can claimto have to its credit pioneering work. See M.N. Kaul:
Parliamentary Procedure since Independence: First Parliament: A Souvenir, op. cit., pp. 31-32.
733. Proviso to Rule 324(I)see for instance, Bn.(II), 20-2-1978 and 6-11-1980.
734. Rule 324(2).
the Committee by the Speaker on 13 May 1954
735
. In the life of the First Lok
Sabha, the Committee was reconstituted twice thereafter, on 21 May 1955
and 13 J une 1956. Since then the Committee has been reconstituted with
fifteen members every year.
Functions
The Committee scrutinises the assurances, promises and undertakings given by
the Ministers on the floor of the House from time to time in reply to questions or
during the discussions on Bills, resolutions, motions, etc. and reports on the extent to
which such assurances, etc. have been implemented and where implemented, whether
such implementation has taken place within the minimum time necessary for the
purpose
736
.
The Committee has approved a standard list of expressions or forms which are
treated as constituting assurances, undertakings, etc. given by the Minister
737
. These
expressions, though not exhaustive, are meant for the guidance of the Committee. Any
addition to, or deletion from these expressions is decided by the Committee.
On behalf of the various Ministers, the Ministry of Parliamentary Affairs is
responsible for culling out assurances, etc. from the proceedings of the House. The
Secretariat, however, exercises a test-check on behalf of, and under instructions from,
the Committee with a view to seeing that all assurances, etc. have been properly
extracted
738
. In the event of any discrepancy noticed in the list of assurances compiled
by the Ministry of Parliamentary Affairs, the matter is placed before the Chairman of
the Committee for decision.
If it is represented by a Ministry or Department that a particular statement of
a Minister should not be treated as an assurance and if the Chairman or the Committee
feels unable to accept such representation, the Committee may hear a representative
of the Ministry or Department concerned with the subject matter of the assurance
before it decides whether the assurance should be dropped or pursued for its
implementation.
Where necessary, the Chairman or the Committee may refer the matter to the
Speaker for guidance.
Implementation of Assurances
The Committee on Government Assurances has prescribed an outer limit of
three months for the implementation of an assurance to be calculated from the date
of its being given in the House
739
. However, if the Government foresees any genuine
735. H.P. Notf. No. 404/C-54, 9-1-1954: Gaz. Extra. Pt. I. Sec. I, 13-1-1954.
736. Rule 323.
737. Vide 1R (CGA-1LS), para 11.
738. Vide 3R (CGA-1LS), p. 2; 1R (CGA-1LS), p. 2.
739. Prior to April 1968, the period permissible for implementation of an assurance was two months.
In April 1968, Government represented to the Committee to extend this period to six months. Not
agreeing with the plea of the Government and stressing the need for the earliest implementation
of assurances, the Committee agreed to increase the period to three months on an experimental
basis. The matter was reviewed in November 1969 and the Committee confirmed the period of
three months for implementation of assurances.
difficulty in implementing the assurance within the stipulated period, the Ministry
concerned may submit to the Committee a request for extension of time as considered
minimum for fulfilment of the assurance
740
. Normally, the Committee accedes to such
requests unless it finds the request to be frivolous.
The assurances are, according to a decision taken by the Committee, categorised
into three categoriesA, B and C. Category A consists of those assurances which
pertain solely to the Union subject for the implementation of which action is to be
taken or information is to be compiled by the Union Government only. In category
B come those assurances where the assurance pertains to a matter which is in the
Concurrent List and information needed for implementation of the assurance pertains
partly to the Union Government and partly to the State Government. Category C
consists of assurances which pertain to a matter which falls purely in the jurisdiction
of the State Government and where action is to be taken or information supplied by
the State Government(s) and the Union Government have to simply place it before the
House. The Committee expects category A assurances to be implemented within
three months. In the case of category B assurances one or more extensions may be
given after three months if the information to be supplied by the State Government
is still awaited. In the case of category C assurances, the Committee grant extensions
of time for implementation more liberally because the Union Government here are
dependent solely on the State Government
741
.
Similarly, if for any valid reasons the Government finds that it is not feasible
to implement an assurance given on the floor of the House, the Government have to
approach the Committee and place the facts for its consideration. If the Committee
agree that it is not possible to implement the assurance, it may recommend dropping
of the assurance in its report to the House. On one occasion the Committee agreed
with the Ministry concerned that it was not desirable to fulfil an assurance, given
earlier, on the ground of secrecy or public interest
742
. The work of the Committee is
of a continuous nature and it is generally the practice that the work of the Committee
left unfinished at the end of the term is taken up by the succeeding Committee at the
stage where it was left. Assurances do not lapse on the dissolution of the Lok Sabha.
The first Committee appointed after constitution of the new Lok Sabha goes into the
pending assurances and drops only those assurances which have lost their public
importance and utility due to the efflux of time. The remaining assurances are pursued
by the Committee for implementation
743
.
Statements showing action taken by the Government in the implementation of
the assurances, etc. given by Ministers in the House are laid periodically
744
on the
740. Vide 7R (CGA-4LS), para 6.
741. Min. (CGA), 11-1-1983 appended to 6R (CGA-7LS) and 4R (CGA-10LS), paras 1-9.
742. 3R (CGA-1LS), para 7.
743. 1R (CGA-10LS), paras 6-10.
744. Rule 323. There is always a time-lag between the information supplied by the Minister concerned
to the Minister of Parliamentary Affairs and its being laid on the Table by the Minister of
Parliamentary Affairs. Min. (CGA), 5-11-1965.
Questions may be asked in the House if a member is not satisfied with the reasons given or
adequacy of the answer contained in the statement laid on the Table of the House.L.S. Deb.,
26-8-1974, cc. 226-27; 27-8-1974, cc. 154-57.
Table by the Ministry of Parliamentary Affairs. The Committee, having noted a marked
deterioration in the matters of disposal of pending assurances and observing that the
delay in the implementation of unfulfilled assurances resulted in their importance
being lost by the lapse of time, amended its rule to the extent that the statements
showing action taken by the Government in the implementation of assurances may be
laid on the Table by the Minister concerned. The idea in introducing this change in
the procedure was to make the Ministries which delayed the action accountable to the
House
745
and thus fasten responsibility on them for such lapses
746
. However, the
amended Rule has not yet come into force, as the Minister of Parliamentary Affairs
has undertaken to speed up the implementation of assurances by the various Ministers.
The statements laid on the Table are examined by the Secretariat. Such of the
assurances as do not appear to have been fully or satisfactorily implemented, are
placed before the Committee for its consideration, as also the cases where, considering
the nature of the assurances, inordinate delay has occurred in implementation thereof.
Study Tours
If during the course of examination of pending assurances or a statement laid
about implementation of assurances, the Committee feels that it is necessary to
undertake an on-the-spot study tour to have first hand knowledge about reasons for
delay in the implementation of an assurance or to find out whether the assurance has
been adequately implemented within the minimum reasonable time, it may do so with
the approval of the Speaker. Notes of such study tours are prepared by the Secretariat
and approved by Chairman and with the approval of the Speaker, circulated to all
members of the Committee.
Evidence
If necessary, the Committee may call for officers of the concerned Ministries to
give evidence before them in regard to action taken by the Government in the
implementation of certain assurances
747
. The Chairman of the Committee may also in
an appropriate case call the Secretary of a Ministry or the Head of a Department or
public undertaking to explain in person the reasons for delay in the implementation
of the assurances which are pending for an unusually long time.
745. Questions asked in the House during the August-September and November-December 1965 sessions
further revealed that it is not always possible for the Minister of Parliamentary Affairs to explain
the position of the pending assurances whenever specific enquiries are made by members in the
HouseL.S. Deb., 23-9-1965, cc. 7175-76; 24-9-1965, cc. 7420-22; 10-11-1965, cc. 1103-06;
1-12-1965, cc. 4908-16; 9-12-1965, cc. 6599-603.
Although the Minister of Parliamentary Affairs laid the statement, the Minister concerned with any
particular assurance had to answer the criticismabout the delay and on the merits of the matter.
Vide 4R (CGA-3LS), paras 13-15.
746. Min. (CGA), 5-11-1965; 8-12-1965.
747. For instance, see 2R (CGA-1LS), para 20, 3R (CGA-1LS), para 5, 3R (CGA-SLS), para 7,
10R (CGA-8LS), para 5.
Preparation and Presentation of the Report
After the examination of the action taken by the Government to implement the
assurances, the extent to which they have actually been implemented and whether
such implementation has taken place within the time necessary for the purpose, etc.,
the Committee forms its conclusions and recommendations for inclusion in the report.
On the basis of these conclusions and recommendations, a draft report is prepared by
the Secretariat. After the Chairmans approval, the report is circulated to the members
of the Committee and considered at a sitting held for the purpose.
After the Report has been adopted by the Committee, the Chairman or in his
absence another member of the Committee as authorised by the Chairman presents
the Report to the House. The Report of the Committee, as a convention, is not
discussed in the House. The decisions of the Committee are unanimous and there is
no minute of dissent to the Report
748
.
Laying of Minutes
The minutes of the sittings of the Committee usually form part of the Report
which is presented to the House. Minutes of the sittings of the Committee are not laid
on the Table of the House separately.
Committee on Absence of Members from the Sittings of the House
The Constitution provides that if for a period of sixty days a member is without
permission of the House absent from all the sittings thereof, his seat may be declared
vacant by the House
749
. Provision has accordingly been made in the Rules prescribing
the method for seeking permission of the House by a member for remaining absent
and, where it has become necessary, for the vacation of a seat. To deal with applications
from members for leave of absence and other cognate matters, the House has constituted
a Committee called the Committee on Absence of Members from the Sittings of the
House.
The Committee consists of fifteen members nominated by the Speaker, and
holds office for a term not exceeding one year
750
.
The Committee is constituted at the commencement of each Lok Sabha and
reconstituted in the month of May or J une every year.
Prior to 12 March 1954, when this Committee was first constituted,
applications received from members desiring leave of the House to remain
absent from sittings thereof were considered by the House. On receipt, the
application was read out to the House by the Speaker and the pleasure of the
House was taken by him.
The procedure for granting leave was reviewed by the Rules Committee.
Noting that in view of the increase in the number of cases of absence of
748. Dir. 68(3).
749. Art. 101(4).
750. Rule 325.
members, it was difficult for the House to consider and decide such cases
direct, the Rules Committee recommended that the House should appoint a
Committee to examine the applications in the first instance and the House
might consider the matter on a report made to it by the proposed Committee
751
.
Functions
752
.
to consider all applications from members for leave of absence from
the sittings of the House; and
to examine every case where a member has been absent for a period
of sixty days or more, without permission, from the sittings of the House and
to report whether the absence should be condoned or circumstances of the
case justify that the House should declare the seat of the member vacant
753
.
Besides, the Committee performs such other functions in respect of attendance
of members in the House as may be assigned to it by the Speaker from time totime
754
.
Whenever a member is continuously absent from the sittings of the House for
a period of forty days, without obtaining permission, a letter is addressed to him by
the Secretariat drawing his attention to the relevant provisions of the Constitution and
the Rules of Procedure and advising him to apply for leave of absence well in time.
A further reminder is sent to him when his continuous absence amounts to fifty
days
755
. On receipt of his reply or if no reply is received within a reasonable time,
the case is considered by the Committee.
The previous practice was of addressing the member after his continued
absence exceeded sixty days. It was later felt that unless applications for
leave of absence were sent in time, there might be complications and the
751. Min. (RC), 17-12-1953, p. 2.
752. Rule 326. The Committee does not, however, consider those applications which request for leave
of absence for a period of less than 15 days.7R (CAM-1LS).
753. The seat of a member who had been absent fromthe sittings of the House without permission
for a long period was, on a motion moved and adopted by the House, declared vacant18R
(CAM-1LS) and L.S. Deb., 5-12-1956, cc. 1922-36.
754. The following points, raised by a member, were referred to the Committee by the Speaker for
examination:
what the purpose is behind granting leave of absence for 59 days only in the first instance
and not for the entire period applied for by a member; and
nature of transport difficulties experienced by a member who had advanced it as a reason
for, grant of leaveL.S. Deb., 29-9-1955; and Min. (CAM-1LS), 13-12-1955.
On another occasion, the Speaker directed that the following point be referred to the
Committee for consideration and report:
Whether members who do not attend the sitting of the Lok Sabha in the first hour
should be treated as absent for the whole day.
The matter was examined by the Committee on 29 May 1956, and a report thereon was
presented to the Speaker.
755. Min. (CAM), 15-3-1956, paras 4 and 5, 13R (CAM-1LS); para 16; Min. (CAM-5LS) 24-3-1975,
11-4-1975, 25-7-1975.
Committee might find it difficult to recommend condonation for the period
of absence where applications were received after the expiry of sixty days
of continuous absence
756
.
Normally, the Committee recommends that the leave be granted or the absence
condoned. It is only where disregard is shown to the House by a member of furnishing
unsatisfactory explanation for his continuous absence without permission from the
sittings of the House for sixty days or more that the Committee recommends that the
absence may not be condoned and the House should declare his seat vacant
757
. Such
a report is presented to the House after the Speaker and the Leader of the House have
agreed to the recommendations contained therein. Where leave of absence is applied
for by members due to certain extraneous factors beyond their control, the Committee
has brought such matters to the notice of Speaker and the Ministry concerned
758
.
Proceedings in the Committee
After preliminary scrutiny by the Secretariat, all applications from members for
leave of absence from the sittings of the House are placed before the Committee
759
except those with requests for leave of absence for a period of less than fifteen
days
760
.
Generally, the memorandum containing particulars regarding all the leave
applications to be considered by the Committee forms the main item of discussion by
the Committee
761
. Each application is considered on its merits
762
. The Committee
notes in particular that the period of leave of absence applied for by a member does
not exceed sixty days and that the reasons stated by a member for his absence are not
vague
763
.
The Committee does not recommend leave of absence for more than fifty-nine
days at a time to a member even if he has asked for a longer period
764
. In such cases,
756. 1R (CAM-1LS).
757. Rule 241; see also 18R (CAM-1LS), para 9(9). Where the reasons are considered satisfactory by
the Committee, condonation of absence for over 60 days has been recommended. See 3R, 7R, 13R
(CAM-1LS) and 20R (CAM-2LS).
758. While recommending grant of leave to a member who had applied for leave due to difficulties in
getting a boat fromPort Blair, the Committee suggested that in view of his standing complaint
in this regard the attention of the Ministry concerned should be drawn to this matter. Min. (CAM),
30-11-1954.
In another case where a member who was undergoing imprisonment and had applied for leave of
absence on the ground that the appeals filed by himin the cases pending against himhad not yet
been heard, the Committee recommended grant of leave and suggested, inter alia, that the matter
be brought to the notice of the Speaker as the appeals had been pending for an unduly long time.
Min. (CAM), 11-3-1955.
759. Rule 243. As already stated, before the Committee was constituted in 1954, every application for
leave of absence was read out to the House by the Speaker.
760. Recommendation contained in 7R (CAM-1LS), adopted by the House, on 23-12-1954.
761. The particulars contained in the memoranduminclude the name of the member, date of application,
period for which leave has been asked for, the total period of absence and reasons therefore.
762. lR(CAM-1LS).
763. 4R(CAM-1LS).
764. This principle follows fromProviso to Rule 242 and the decision of the Committee that the leave
applied for should not exceed a period of 60 days. See 1R (CAM-1LS).
the member concerned is advised to apply again for the remaining period
765
. However,
in the case of a member applying for leave of absence after the expiry of sixty days
of continuous absence, the period of absence of the member upto the date of his
application is recommended for condonation and grant of leave of absence is
recommended for the period after the date of application
766
.
Where an application for leave of absence from a member is on grounds of
illness, the Committee does not insist on a medical certificate from the member
concerned
767
.
After considering each application the Committee
768
. The recommendation of
the Committee in respect of each application forms part of the report which is presented
to the House within a day or two of the sitting of the Committee.
Minutes
The minutes contain decisions of the Committee on the applications for leave
of absence considered by it. Any observation made by the Committee having a bearing
on their procedure is also included in the minutes
769
. In cases where the Committee
so desires, extracts from the minutes are also sent to the member whose application
for leave of absence has been considered by it.
The minutes of sittings of the Committee held during a session are laid on the
Table of the House towards end of the session.
Nature and Contents of the Report
The report of the Committee normally contains recommendations on applications
for leave of absence after giving particulars regarding period of absence and the
reasons therefor, and recommendations and decisions on other matters, if any,
considered by the Committee.
After the report is presented to the House
770
, generally two days elapse before
the pleasure of the House is taken by the Speaker in respect of recommendations of
the Committee in order to enable members to give notice of any point that they may
like to raise on the report. An entry is made in the List of Business.
Where leave of absence is not recommended by the Committee in respect of
any application, any member can move a motion that the House agrees or agrees with
amendment or disagrees with the recommendation of the Committee in respect of that
application
771
.
765. 20R (CAM-1LS); 9R (CAM-2LS); see also Min. (CAM), 26-7-1965.
766. 7R (CAM-1LS); see also pp. 322-23, supra.
767. Min. (CAM), 26-7-1957; 17R (CAM-5LS), L.S. Deb., 3-12-1974.
768. 1R (CAM-1LS).
769. Min. (CAM), 30-8-1958.
770. For detailed procedure after presentation of the Report to the House, see Chapter XVILeave
of Absence of Members.
771. Rule 328.
Where a report of the Committee contains recommendations regarding grant of
leave of absence to members or condonation of their absence only, the report is not
adopted by the House on a motion, but the Speaker takes pleasure of the House in
respect of the recommendations of the Committee. Where, however, report contains
recommendations in regard to certain other matters also, a motion for its adoption is
moved in the House
772
.
A report which exclusively dealt with grounds on which leave could be granted
to members was adopted on a motion moved in the House
773
.
Rules Committee
The Rules Committee is nominated by the Speaker and consists of fifteen
members, including the Speaker who is the ex officio Chairman of the Committee
774
.
While nominating members of the Rules Committee, efforts are made to give
representation on the Committee to all the major Parties/Groups in the House. Upto
the Third Lok Sabha, it was a normal practice to nominate the Deputy Speaker as a
member of the Rules Committee. During the Fourth Lok Sabha (from 28 March 1967
to 1 November 1969), though the Deputy Speaker belonged to the Ruling Party, he
was nominated to the Rules Committee. With the election of a member of the
Opposition Party/Group in the Lok Sabha on 9 December 1969 as the Deputy Speaker,
the practice of nomination of the Deputy Speaker to the Rules Committee has been
discontinued. Since 1977, the Deputy Speaker is being invited to attend the sittings
of the Rules Committee as a special invitee.
Apart from the members of the Committee, other members of the House may
also be invited to attend particular sittings of the Committee either to provide
representation to some sections of the House not already represented on the
Committee
775
, or to acquaint the Committee with their points of view on a matter
before the Committee in regard to which they may have special knowledge or interest.
The Committee have also, by invitation, heard the Attorney-General on matters
involving complex and legal and constitutional issues
776
. While considering proposals
made by a member and/or Minister for amendments or additions to the Rules, the
member and/or Minister concerned may also be invited to explain to the Committee
his viewpoint. As in the case of other Committees, the invitees, however, have no
right of vote in the Committee.
772. For instance, 4R (CAM-1LS) contained a special recommendation that leave should not be granted
in future unless the reasons advanced in the applications were considered by the Committee to be
proper. The report was adopted by the House.L.S. Deb., 20-9-1954, cc. 2467-69. In
7R(CAM-1LS). It was suggested that applications for leave of absence for a period of less than
15 days need not be brought before the Committee. The recommendation was accepted by the
HouseL.S. Deb., 23-12-1954, cc. 3841-44.
773. 17R (CAM-5LS) adopted by Lok Sabha on 3 December 1974.
774. Rule 330.
775. Ibid., 29-4-1958. Also see Minutes of sittings held during the subsequent Lok Sabha.
As Cong. (O) was not represented on the Rules Committee (1971-72), S.N. Misra of that Group
was made a special invitee to all sittings of the Committee. During the Sixth Lok Sabha, in
addition to the Deputy Speaker, Leaders of Parties/Groups in the House and members who had
given notices of amendments to rules were also invited to the sittings of the Committee.
776. Ibid., 17-4-1956, para 4.
Functions
The functions of the Committee are to consider matters of procedure and conduct
of business in the House and to recommend any amendments or additions to the rules
that may be deemed necessary
777
. Suggestions for amendments or additions to the
rules can be made by any member of the House
778
, including a Minister, or by the
Committee themselves
779
.
All proposals for amendment and addition to the rules are first examined by the
Secretariat and, after the Chairmans approval, placed before the Committee in the
form of memoranda stating the implications of each proposal. The memoranda are
circulated to the members of the Committee well in advance of the sitting at which
the proposals are to be considered by the Committee.
Proposals for amendment or addition to the rules based on suggestions made by
members in the House or otherwise, or for removing difficulties in the working of the
rules, or for giving a basis in the rules to the practice and conventions in the House
are also made by the Secretariat for consideration of the Committee.
The draft report and minutes of the Committee are prepared by the Secretariat
for the approval of the Chairman.
Procedure for Amendment of Rules
The recommendations of the Committee are laid on the Table in the form of a
report
780
. Any member may, within a period of seven days beginning with the day on
which the recommendations are so laid, give notice of an amendment to such
recommendations
781
. Any such notice given by a member stands referred to the
Committee and after the expiry of the said period of seven days a sitting of the
Committee is held at which all such notices of amendments are considered
782
.
If notice of an amendment to the recommendations is received from a
member after the expiry of the prescribed period, that amendment is not
placed before the Committee.
Members who give notices of amendments to the recommendations of the
Committee are invited to attend the sitting of the Committee at which their amendments
are considered so that they may acquaint the Committee with their point of view in
777. Rule 329.
778. Min. (RC) 31-8-1957, para 5; During the Sixth Lok Sabha, a D.O. letter was issued by the
Speaker, Lok Sabha, to all the Leaders of the Parties and Groups inviting their suggestions/
comments on the working of various rules. A para was also issued in Bulletin Part-II inviting
comments/suggestions frommembers of the House on the working of the various rules. Several
suggestions were made by members and the same were considered by the Rules Committee. The
Rules Committee, after considering the matter, suggested certain changes in the practice regarding
Question Hour, Calling Attention, etc. However, no formal amendment to any of the rules was
recommended by them.
779. Ibid., 9-5-1956, para 2-6.
780. Rule 33(1).
781. Ibid.
782. Rule 331(2).
regard to the amendments suggested by them
783
. Such members, however, withdraw
after presenting their views to the Committee and the Committee then deliberate and
formulate a decision
784
.
The final report of the Committee, after taking into consideration the amendments
suggested by the members is laid on the Table. Thereafter, on the House agreeing with
the report on a motion made by a member of the Committee, the amendments to the
Rules as approved by the House are published in the Bulletin under the orders of the
Speaker
785
.
While a motion for agreement of the House with the report of the
Committee is before the House, the Speaker gives an opportunity to members
who had given notices of amendments and whose amendments had not been
accepted by the Committee to move their amendments and present their
points of view
786
.
If no notice of amendment to the recommendation of the Committee is received
within seven days, the recommendations are deemed to have been approved by the
House, and on the expiry of the said period the amendments to the rules as
recommended by the Committee are published in the Bulletin under the orders of the
Speaker
787
.
The amendments to the rules, unless otherwise specified, come into force on
their publication in the Bulletin
788
.
General Purposes Committee
The General Purposes Committee is constituted to consider and advise on such
matters concerning the affairs of the House as may be referred to it by the Speaker
from time to time
789
. The Committee consists of the Speaker, the Deputy Speaker,
members of the Panel of Chairmen, Chairmen of all standing Parliamentary Committees,
leaders of recognised Parties and Groups in the Lok Sabha and such other members
as may be nominated by the Speaker
790
. The Speaker is the ex officio Chairman of
the Committee
791
. If the Speaker, for any reason, is not present at any sitting of the
Committee, the Deputy Speaker, and if he is not present, a senior member of the
Panel of Chairmen, takes the Chair.
783. Min. (RC), 10-9-1957, para 3.
784. Ibid., 24-4-1956, para 5.
785. The amendments are also published in the Gazette of India, Extraordinary, Part 1, Section I, for
general information.
786. L.S. Deb., 26-4-1956.
787. Rule 331(3). The amendments are also published in the Gazette of India, Extraordinary, Part 1,
Section I, for general information.
788. Rule 331(4).
789. 1R (GPC), rule 2.
790. Ibid., rule 1. In 1967, in addition to leaders of the CPI and the CPI(M) Groups, the Speaker
nominated one more member each from these Groups to the General Purposes Committee.
Bn. (II) dated 3-7-1967, para 248.
791. Ibid., Rule 2.
The Committee may also invite a Minister or any other member to its sittings
as special invitee
792
.
The Committee was for the first time appointed by the Speaker on
26 November 1954, with the object that the Speaker might take into
confidence, and have informal consultations with, the representatives of the
various Parties and Groups in the House in regard to the various directions
in which the work of the House could be improved and organised on better
lines so that in all such matters he might be able to proceed with their full
support which meant practically the co-operation of the whole House
793
.
The Committee considers and advises the Speaker on matters concerning the
affairs of the House, which do not appropriately fall within the purview of any other
794
. The Committee has so far considered a variety of subjects
such as additional building requirements for the increasing parliamentary activities;
adjournment of the House on the death of a sitting member; summoning of officers
of State Governments to appear as witnesses for giving evidence before Committees
of the House; provision of an automatic vote recorder; admission of visitors to the
Central Hall during sessions of Parliament; maintenance of order within Parliament
House Estate
795
; naming of new Parliament Building; observance of holidays by the
Lok Sabha; functioning of Railway Catering Unit in Parliament House; requests for
display of portraits, statues and busts, etc. of national leaders in Parliament House
Complex; farewell to retiring Presidents; Twenty-fifth Anniversary of Independence
of India; payment of subsidy to Northern Railway Catering Units; procedure regarding
punishment to officers of Government in cases of breach of privilege; notice to the
Speaker, Lok Sabha received from the Supreme Court of India in the matter of
Special Reference No. 1 of 1974 under article 143 of the Constitution of India
regarding Presidential election; treatment of proceedings of meetings of the Speaker
with the leaders of Parties and Groups in the Lok Sabha at par with the proceedings
of Parliamentary Committees for purposes of publication in newspaper
796
; a
documentary film on Indian Parliament; setting up of a Hall of National Achievements
in Parliament House Annexe; setting up of a Parliamentary Museum and Archives;
security arrangements in Parliament House; The Members of Lok Sabha
(Disqualification on Ground of Defection) Rules, 1985; group photograph of members;
accommodation for participants in the training Courses/Programmes organised by the
Bureau of Parliamentary Studies and Training, etc.; Twenty-fifth Anniversary of the
Constitution and Parliament; procedure for making obituary reference in the
Lok Sabha; construction of new Parliament Library Building; tape-recording of
792. Min. (GPC) 13-11-1967, 15-11-1968, 12-3-1969, 23-7-1971, 16-5-1972, 30-8-1973, 20-12-1973,
7-5-1974, 20-8-1974, 19-3-1975, 22-12-1980, 19-7-1982, 4-11-1982, 22-8-1983, 9-3-1984,
1-8-1984, 6-8-1985, 20-8-1985, 30-10-1985, 10-12-1985, 19-2-1986, 25-2-1986, 12-8-1986.
23-8-1990, 26-11-1991, 10-8-1992, 19-8-1992, 27-8-1993, 13-2-1995, 3-6-1995 and 12-3-1996.
793. Min. (GPC-1LS), 26-11-1954.
794. 1R (GPC), rule 2.
795. In pursuance of the decision of the GPC on the matter, a new Direction 124A was issued by the
Speaker.
796. The Speaker also issued an amendment to Dir. 55 to incorporate the above decision of the GPC.
proceedings of the Lok Sabha; use of pictorial representation of Parliament House;
use of word Parliamentary in their names by certain organisations; suggestion to
increase the duration of the ringing of the division bells; preparation of Hindi version
of Debates; simultaneous presentation of reports of Parliamentary Committees both
in English and Hindi; simultaneous interpretation facility in all languages in the
Lok Sabha; renovation of seats, etc.; tours by parliamentary Committees; supply of
Diaries to members; telecasting of Proceedings of Parliament; computerisation and
Modernisation (provision of better facilities to MPs and Officers); constitution of
Departmentally Related Standing Committees; recital of National Anthem and National
Song at the commencement and conclusion of every session; video films on
parliamentary subjects; underground passage connecting Parliament House; Library
Building and Parliament House Annexe; Members of Parliament Local Area
Development Scheme; replacement of sound, simultaneous interpretation and automatic
vote recording systems in the Lok Sabha Chamber, etc.
Every year after the reconstitution of all standing Parliamentary Committees the
question of reconstituting this Committee is reviewed by the Speaker. The Committee
was not formally reconstituted during the Third Lok Sabha. However, the Speaker
held several meetings with the leaders of Parties and the Groups on various matters.
The Committee may appoint one or more Sub-Committees for the detailed
examination of particular matters. Members of the House other than those who are
members of the Committee may also be appointed as ad hoc members of, or associated
with, a Sub-Committee by invitation.
The Committee may make an on-the-spot study of any of the matters under its
consideration
797
.
Sittings of the Committee are held in private. The Committee may take evidence,
where it finds necessary
798
. It may also send for persons, papers or records if it
considers it necessary for the execution of its work
799
. A verbatim record of the
proceedings of the Committee may be kept where it is deemed necessary to do so.
797. The Sub-Committee on Printing of Lok Sabha Papers visited the Government of India Press on
10 May 1955 for an on-the-spot study of the position regarding the printing of papers in the Press.
The General Purposes Committee (1983-84) visited Plot No. 115 in connection with the construction
of the Parliament Library Building.
798. Dr. Radha Kumud Mookerjee, a member of the Rajya Sabha, who had proposed that the Government
should be moved to recast the State Emblemin the light of suggestion contained in his articles
New Light on Asoka Chakra and Further Light on Asoka Chakra, was invited to the sitting
of the Committee on 28 J uly 1956, when the proposal was considered. See Min. (GPC-1LS),
25-7-1956. While considering Memo regarding construction of Parliament Library Building, GPC
(1983-84) invited Director-General (Works), Ministry of Works and Housing, Chief Engineers
(NDZ) and (Electrical), Chief Architect (CPWD), Vice-Chairman, D.D.A. and others. See Min.
(GPC), 9-3-1984, 20-8-1985, 30-10-1985. The Committee, while considering draft Anti-Defection
Rules, invited the Secretary (Ministry of Law and J ustice) to its sittings. See Min. (GPC),
20-8-1985, 10-12-1985.
799. The Sub-Committee on new building for the Constitution Club called for the antecedents of the
Chelmsford Club from the Ministry of Works, Housing and Supply, which were furnished by the
Ministry.
The same Sub-Committee also called for a comparative statement of the estimated
expenditure on construction of a new building for the Club for members and for acquiring the
The Committee may hold joint meeting with the General Purposes Committee
of the Rajya Sabha and also hold meetings with leaders of Parties and Groups in the
Rajya Sabha to consider matters concerning both the Houses
800
.
The Committee does not present any report to the House. Where, however, any
matter is referred to a Sub-Committee thereof, the Sub-Committee presents a report
to the Speaker. If the Sub-Committee is appointed by the Speaker
801
, he may pass
final orders on the report or direct that it be placed before the whole Committee. If
the Sub-Committee is appointed by the Committee
802
, the report of the Sub-Committee
is, with the approval of the Speaker, placed before the whole Committee
803
.
Implementation of recommendations
When recommendations of the Committee are required to be implemented by
the Government, copies of the relevant minutes/Report of the Sub-Committee are sent
to the Ministries concerned for necessary action.
The general rules applicable to Parliamentary Committees apply to the Committee
with such adoptions, whether by way of modification, addition or omission, as the
Speaker may consider necessary or convenient
804
.
House Committee
The House Committee consists of not more than twelve members, including the
Chairman, and is nominated by the Speaker every year. A member can be renominated
for another term to the Committee. The quorum to constitute a sitting of the Committee
is five.
Chelmsford Club and providing additional facilities therein, fromthe Additional Chief Engineer,
C.P.W.D. Report of Sub-Committee, para 7. The Sub-Committee on Printing of Parliamentary
Papers (1980-81) examined the Secretary, Ministry of Works and Housing, Secretary, Department
of Expenditure, Director of Printing and General Manager, Government of India Press,
Minto Road. New Delhi. [Report of Sub-Committee of GPC (1980-81) on Printing of
Parliamentary Papers].
800. The General Purposes Committee held meetings with Leaders of Parties and Groups in the
Rajya Sabha to consider Memo regarding celebration of the Twenty-fifth Anniversary of
Independence of India in Parliament House and Sansadiya Soudhsee Min. (GPC), 24-5-1972;
2-8-1972; and 8-8-1972. A joint sitting of the General Purposes Committees of both the Houses
was held on 26-11-1991 to consider telecasting of the proceedings of the Parliament.
801. Sub-Committees were appointed by the Speaker on adjournment of the House on the death of a
member, former member or an outstanding personality (April 1955) and on Printing. Accommodation
and Maintenance of Parliamentary Buildings (May 1956 and J uly 1957). In pursuance of the
decision of the GPC, the Speaker, in consultation with the Chairman, Rajya Sabha, appointed a
Committee on Catering Establishments in Parliament House.Min. (GPC), 30-8-1973.
802. Sub-Committees were appointed by the Committee on duration of sittings of Lok Sabha
(November 1954), Printing of Parliamentary Papers (November 1954) and a new building for the
Constitution Club (J uly 1956).
Sub-Committee on Portraits (1978, 1980 and 1986); Sub-Committee on Printing of
Parliamentary Papers (1980-81); Sub-Committee to scrutinise the script of Film Indian
Parliament appointed as per a decision of GPC on 20-12-1983. Members of the Rajya Sabha
were also nominated to the Sub-Committee by the Chairman, Rajya Sabha.
803. 1R (GPC) rule 10, see Min. (GPC), 8-5-1981.
804. Ibid., rule 3So far, no such adaption of the rules has been made.
There was dissatisfaction among members of the Central Legislative
Assembly in regard to arrangements for the allotment of residential
accommodation and other administrative matters connected therewith.
A Committee was appointed in pursuance of a motion adopted in the
Assembly on 14 September 1927, to consider the question of residence and
accommodation for members of the Indian Legislature
805
. The Committee
submitted its report but in the meantime the Legislative Assembly Department
was created and the work of allotment of accommodation to members was
taken over by it. In November 1931, however, a representation signed by
fifty-five members was made to the Speaker inviting his attention to the
unsuitability and insufficiency of the accommodation provided to members.
In pursuance of the representation, the Speaker, in consultation with party
leaders, nominated a House Committee on 22 February 1932, consisting of
ten members, including the Chairman
806
. Thereafter, the Committee has been
constituted by the Speaker, from time to time.
The Committee works in an advisory capacity and its functions are:
to deal with all questions relating to residential accommodation for
members of the Lok Sabha; and
to exercise supervision over facilities for accommodation, food, medical
aid and other amenities accorded to members in members residences and
hostels in Delhi.
All proposals, suggestions, etc. relating to members residences and amenities
are examined by the Secretariat in consultation with the executive authorities, where
necessary. When a sufficient number of items for the consideration of the Committee
is available, a date and time for a sitting of the Committee is fixed in consultation
with the Chairman. Representatives of the executive authorities concerned are also
invited to apprise the Committee of the implications of the proposals under
consideration and furnish such information as the Committee might ask for. A member
other than members of the Committee may, on request, be permitted by the Chairman
to attend a sitting of the Committee but he does not have a right to vote.
The Committee do not present any report as such. The minutes of the sittings
of the Committee are circulated to all the members of the Committee and relevant
extracts therefrom are forwarded to appropriate authorities for necessary action. The
Committee is informed from time to time about the progress made in regard to
implementation of its recommendations. The recommendations made by the Committee
are generally implemented by the Government. In case Government are unable to
implement any recommendation, their objections are considered by the Committee
and its earlier recommendation modified, if necessary.
805. The motion was moved on 5 September and was adopted, as amended, on 14 September 1927.
L.A. Deb., 5-9-1927, pp. 3968-72; 14-9-1927, pp. 4332-35. The Council of State was also requested
to associate with the Committee.C.S. Deb., 19-9-1927, pp. 1276-78.
806. L.A. Deb., 22-2-1932, pp. 1017-18.
The Committee can appoint one or more Sub-Committees, each having the
powers of the undivided Committee, to examine any specific points relating to the
residential accommodation, food, medical aid and other amenities in members
residences.
There is an Accommodation Sub-Committee which is a standing Sub-Committee
to advise on the allotment of residential accommodation to the members. The Sub-
Committee consists of not more than four members, including the Chairman of the
Committee who is its ex officio Chairman. The quorum to constitute a sitting of the
Sub-Committee is two. An appeal against the decision of the Committee or the
Accommodation Sub-Committee lies to the Speaker whose decision is final.
Proposals, suggestions, etc. which are of common interest to members of both
the Houses are considered and decided by the Chairmen of the House Committees of
both the Houses, at joint sittings, if so authorised by their respective House Committees.
The secretarial functions for such sittings are performed by the Lok Sabha Secretariat,
but the minutes are approved by both the Chairmen.
After the dissolution of the Lok Sabha, allotment of residential accommodation
to members of the new Lok Sabha is made by the Secretariat under the directions of
the Speaker till a new House Committee is constituted.
Library Committee
Founded in 1921, the Parliament Library caters to the information needs of
members of both the Houses. With a view to advising the Speaker on matters concerning
the Library, he has constituted an advisory Committee called the Library Committee.
The Committee was first constituted by an announcement made by the Speaker in the
Provisional Parliament on 21 November 1950
807
.
The Committee, at present, consists of the Deputy Speaker, five other members
from the Lok Sabha nominated by the Speaker, and three members from the
Rajya Sabha nominated by the Chairman of Rajya Sabha. The Deputy Speaker is the
ex officio Chairman of the Committee. Casual vacancies in the Committee are filled
by nomination by the Speaker in respect of the members from Lok Sabha, and by the
Chairman of Rajya Sabha in respect of the members from Rajya Sabha.
The functions of the Committee are:
to consider and advise on such matters concerning the Library as may
be referred to it by the Speaker from time to time;
to consider suggestions for the improvement of the Library; and to
assist members of Parliament in fully utilising the services provided by the
Library.
The main function of the Committee is thus to help members in the use of the
material available in the Library and make use of the services of the staff provided
therein. The Committee in a way acts as a liaison between the members of Parliament
807. Like other Parliamentary Committees, the Library Committee is constituted every year and functions
from the beginning of J une to the last day of May next year.
and the Library. It also encourages members to make helpful and constructive
suggestions for the development of the Library and its Reference Service. It advises
the Speaker on matters pertaining to the Library, e.g., selection of books, framing of
rules, future planning, etc.
A Sub-Committee of the Library Committee keeps a watch on the quality and
quantum of all acquisitions of the Library and gives comments and suggestions to
further improve the functioning of the Parliament Library and its ancillary services.
The sittings of the Library Committee and its Sub-Committee are held as and
when necessary. Minutes of the sittings are kept but the Committee does not as such
present any report to the Houses or the Speaker.
Joint Committee on Salaries and
Allowances of Members of Parliament
The J oint Committee on Salaries and Allowances of Members of Parliament
was constituted for the first time on 6 September 1954, to frame rules under the
Salaries and Allowances of Members of Parliament Act, 1954
808
. It consists of ten
members from the Lok Sabha nominated by the Speaker, and five members from the
Rajya Sabha nominated by the Chairman of Rajya Sabha. The J oint Committee is
reconstituted from time to time but the members hold office for one year from the
date of their nomination
809
. The person nominated in a casual vacancy holds office
for the period of one year from the date of his nomination and not for the unexpired
period of office of the outgoing member in whose vacancy he is appointed. The J oint
Committee elects its Chairman from amongst its members
810
.
The functions of the Committee are to make, after consultation with the
Government of India, rules to provide for matters like medical, housing, telephone
facilities, constituency allowance, advance for the purchase of conveyance, etc., and
generally for regulating the payment of daily and travelling allowances under theAct
811
.
The Committee is empowered to regulate its own procedure
812
. All questions at
any sitting of the Committee are determined by a majority of the members present and
voting. The quorum to constitute a sitting of the Committee is five, and the secretarial
functions for the Committee are performed by the Lok Sabha Secretariat.
The Committee can appoint one or more Sub-Committees, each having the
powers of the undivided Committee to examine any matter that might be referred to
them.
808. The Salary, Allowances and Pension of Members of Parliament Act, 1954, s. 9(1).
809. Ibid., s. 9(2A).
810. Ibid., s. 9(2).
811. Ibid., s. 9(3). The J oint Committee has framed Housing and Telephone Facilities (Members of
Parliament) Rules, 1956; Members of Parliament (Travelling and Daily Allowances) Rules, 1957;
Medical Facilities (Members of Parliament) Rules, 1959; Members of Parliament (Allowances for
J ourneys Abroad); Rules, 1960; Members of Parliament (Constituency Allowance) Rules, 1986;
and Members of Parliament (Advance for the purchase of Conveyance) Rules, 1986.
812. Ibid., s. 9(2); see also Rules of Procedure of the J oint Committee on Salaries and Allowances of
Members of Parliament.
Copies of the minutes as approved by the Chairman are circulated to the members
of the Committee, the Rajya Sabha Secretariat and the Ministry of Parliamentary
Affairs. The Committee does not present any report to either of the two Houses.
Rules
813
made by the Committee do not take effect until they are approved and
confirmed by the Presiding Officers of the Houses and are published in the Gazette
and such publication of the rules is conclusive proof that they have been duly made
814
.
Joint Committee on Offices of Profit
A person is disqualified for being chosen as, and for being, a member of either
House of Parliament if he holds any office of profit under the Government of India
or the Government of any State other than an office declared by Parliament by law
not to disqualify its holder
815
. Parliament has passed legislation on the subject
816
. But
as new Committees, Commissions, etc. are set up by the Government (hereinafter
referred to as Government Committees) to which members are also appointed, it was
felt that a continuous scrutiny of the matter was necessary. This work is performed
by the J oint Committee on Offices of Profit.
The Committee is constituted on the adoption of a motion to that effect by the
House and concurred in by the Rajya Sabha
817
. The Committee consists of fifteen
members, ten from the Lok Sabha and five from the Rajya Sabha elected from
amongst the members of each House respectively according to the principle of
proportional representation by means of the single transferable vote. A casual vacancy
occurring in the Committee from amongst members of the Lok Sabha is filled on a
motion
818
adopted by the Lok Sabha in that behalf, while in the case of the
Rajya Sabha the vacancy is filled on a motion adopted by the Lok Sabha recommending
to the Rajya Sabha to fill that vacancy
819
.
The Committee is constituted for the duration of each Lok Sabha
820
. The
Chairman of the Committee is appointed by the Speaker from amongst the members
of the Committee.
Although certain enactments had been passed by Parliament keeping in
view the provisions of article 102(l)(a), it was felt that none of them met
comprehensively the needs of the situation. Upon representation from members
of Parliament, Speaker Mavalankar, in consultation with the Chairman of the
813. Ibid., s. 9(3).
814. Ibid., s. 9(4).
815. Art. 102(l)(a). See also Chapter VlOffice of Profit.
816. The Parliament (Prevention of Disqualification) Act, 1959.
817. L.S. Deb., 3-8-1959, c. 146 and R.S. Deb., 31-8-1959, c. 2309; L.S. Deb., 8-6-1962, c. 9742, and
R.S. Deb., 16-6-1962, c. 760; L.S. Deb., 5-6-1967, cc. 2959-63 and R.S. Deb., 23-6-1967;
L.S. Deb., 15-6-1971, cc. 195-198 and R.S. Deb., 25-6-1971; L.S. Deb., 25-11-1980, cc. 254-57
and R.S. Deb., 23-12-1980; L.S. Deb., 2-4-1985, cc. 264-67 and R.S. Deb., 13-5-1985.
818. L.S. Deb., 13-3-1961, cc. 4661-62.
819. Ibid., 4-4-1960, cc. 9576-77 and R.S. Deb., 14-4-1960, cc. 843-44; L.S. Deb., 28-11-1985,
cc. 265-266 and 14-3-1986, cc. 288-89 and R.S. Deb., 10-3-1986.
820. L.S. Deb., 3-8-1959, c. 146; 8-6-1962, c. 9742.
Rajya Sabha, appointed on 24 August 1954, a Committee on Offices of
Profit (known as the Bhargava Committee after its Chairman, Pt. Thakur Das
Bhargava) to make recommendations, inter alia, in order to enable the
Government to consider the lines along which a comprehensive legislation
should be brought before the House. In pursuance of the recommendations
of the Committee, the Government introduced in the Lok Sabha on
5 December 1957, the Parliament (Prevention of Disqualification) Bill, 1957.
It was referred to a Joint Committee of the Houses and its report was presented
to the Lok Sabha on 10 September 1958
821
.
As recommended by the J oint Committee and in implementation of the
assurance given by the Minister of Law in this behalf
822
, a Parliamentary
J oint Committee on Offices of Profit for the duration of the Second
Lok Sabha was constituted
823
in August 1959, with a membership of fifteen,
10 from the Lok Sabha and 5 from the Rajya Sabha. Its terms of reference
were:
to examine the composition and character of all existing Committees
[other than those already examined by the J oint Committee to which the
Parliament (Prevention of Disqualification) Bill, 1957, had been referred]
and all Committees that may thereafter be constituted, membership of which
may disqualify a person for being chosen as and for being a member of
either House of Parliament under article 102 of the Constitution;
to recommend in relation to the Committees examined by it as to
what offices should disqualify and what offices should not disqualify; and
to scrutinise from time to time the schedule to the Parliament (Prevention
of Disqualification) Act, 1959, and to recommend any amendments in the
said schedule, whether by way of addition, omission or otherwise.
A Committee with almost similar terms of reference was constituted for each
new Lok Sabha excepting the Sixth Lok Sabha.
Procedure of work
All Ministries of the Government of India, Chief Secretaries of the State
Governments and Administrators of Union territories furnish from time to time for the
consideration of the Committee relevant information in respect of Government
Committees (which include commissions, boards, etc.) constituted by them. A detailed
memorandum is then prepared by the Secretariat for the consideration of the Committee
in respect of each Government Committee, giving, inter alia, the following information:
(i) whether it is a purely advisory Committee/Body, or whether it also wields
influence or power by way of patronage; whether it is a non-advisory
Committee which carries executive, legislative or judicial powers, or confers
821. For details, see Chapter VIOffice of Profit.
822. L.S. Deb., 2-12-1958, cc. 2647-62.
823. Motion adopted by the Lok Sabha on 3 August 1959, and concurred in by the Rajya Sabha on
31 August 1959.
powers of disbursement of funds, allotment of lands, issue of licences,
etc., or gives powers of appointment, grant of scholarship, etc., and whether
it is an office of an occasional or contractual nature; and
(ii) whether the holder draws any remuneration other than the compensatory
allowances as defined in section 2(a) of the Parliament (Prevention of
Disqualification) Act, 1959.
The Committee, after examination of the relevant information in respect of each
Government Committee, records its recommendation whether it should be placed in
Part I or Part II of the schedule
824
to the Parliament (Prevention of Disqualification)
Act, 1959, or whether it should be exempted from disqualification.
The Committee recommends from time to time in its reports to the Lok Sabha,
in relation to the Government Committees examined by it as to what offices should
disqualify and what offices should not disqualify to or on any other connected matter.
Simultaneously with the presentation of the report to the Lok Sabha, a copy
thereof is laid on the Table of the Rajya Sabha by a member of that House on the
Committee who is specifically authorized by the Committee in that behalf.
Committee on the Welfare of Scheduled Castes and Scheduled Tribes
The Constitution provides several safeguards for the Scheduled Castes and
Scheduled Tribes, as also the machinery to watch the implementation of the
safeguards
825
. In pursuance of constitutional provision
826
a special officer designated
as the Commissioner for Scheduled Castes and Scheduled Tribes was appointed in
1950 and had been presenting reports to the President, which inter alia brought to the
notice of the authorities concerned any waste and insufficiency noticed by him in the
implementation of the welfare schemes for the Scheduled Castes and Scheduled Tribes.
Parliament could hardly spare the time for necessary scrutiny in detail of the points
raised in these reports. It was accordingly felt necessary that this work should be
entrusted to a standing Parliamentary Committee and suggestions to that effect were
made by several members when the Fourteenth and Fifteenth Reports of the
Commissioner were being discussed in the Lok Sabha
827
.
A Committee of both the Houses of Parliament called the Committee on the
Welfare of Scheduled Castes and Scheduled Tribes was, therefore, constituted on a
motion adopted by Lok Sabha on 30 August 1968
828
. The motion was concurred in
by Rajya Sabha on 25 November 1968
829
.
824. Part I of the Schedule to the Parliament (Prevention of Disqualification) Act, 1959, enumerates
the Committees whose Chairmen, and Part II enumerates the Committees whose Chairmen and
Secretaries are not exempted fromdisqualification for being chosen as or for being a member of
Parliament.
825. Relevant articles are 15(4), 16-17, 330, 332, 334-35, 338 and 340.
826. Art. 338.
827. L.S. Deb., 2-8-1967, 3-8-1967, 7-8-1967 and 8-8-1967.
828. Ibid., 30-8-1968, c. 3542.
829. R.S. Deb., 25-11-1968, cc. 1271-79.
By the Constitution (Sixty-fifth) Amendment Act), 1990 which came into force
from 12 March 1992, the Office of the Commissioner for Scheduled Castes and
Scheduled Tribes was abolished and replaced by the National Commission for
Scheduled Castes and Scheduled Tribes. Consequent upon the implementation of the
Constitution (Eighty-ninth) Amendment Act, 2003 in February 2004 the National
Commission for Scheduled Castes and Scheduled Tribes was bifurcated into two
separate Commissions viz., National Commission for Scheduled Castes and National
Commission for Scheduled Tribes.
Composition
The Committee consists of thirty memberstwenty from the Lok Sabha and ten
from the Rajya Sabhaelected in accordance with the system of proportional
representation by means of the single transferable vote. The Chairman of the Committee
is appointed by the Speaker from amongst the members of the Committee.
The term of the Committee was initially two years from the date of the first
meeting of the Committee
830
. It is now one year as in the case of other Parliamentary
Committees
831
.
Functions
832
:
to consider the reports submitted by the National Commission for
Scheduled Castes and the National Commission for Scheduled Tribes under
Articles 338(5)(d) and 338(8)(d) respectively of the Constitution and to
report as to the measures that should be taken by the Union Government in
respect of matters within the purview of the Union Government, including
the Administrations of the Union Territories;
to report on the action taken by the Union Government and the
Administrations of the Union territories on the measures proposed by the
Committee;
to examine the measures taken by the Union Government to secure due
representation of the Scheduled Castes and the Scheduled Tribes in services
and posts under its control (including appointments in the public sector
undertakings, statutory and semi-Government bodies and in the Union
territories) having regard to the provisions of article 335;
to report on the working of the welfare programmes for the Scheduled
Castes and the Scheduled Tribes in the Union territories;
830. The first meeting of the Committee was held on 18-12-1968.
831. Rule 331B(2).
Two motions for extension of the termof office of the members of the Committee on the
Welfare of Scheduled Castes and Scheduled Tribes from Lok Sabha and Rajya Sabha were
adopted after the House suspended sub-rule (2) of Rule 331BL.S. Deb., 28-7-1975,
cc. 11-13; R.S. Deb., 30-7-1975, cc. 4-6 and L.S. Deb., 5-2-1976, cc. 13-15, R.S. Deb.,
6-2-1976, c. 10.
832. Rule 331A.
to examine such matters as may seem fit to the Committee or are
specifically referred to it by the House or the Speaker.
There are instances where the Speaker referred notices tabled by members
about specific cases of atrocities on Harijans for enquiry (i) through the erstwhile
Commissioner for Scheduled Castes and Scheduled Tribes
833
or (ii) by the Committee
itself
834
. In one case, the House after considering the situation arising out of large
scale disturbances and some killings in Marathwada adopted a motion asking the
Committee to investigate and identify those who are responsible for such incidents
and to suggest remedies to meet the present situation and prevent recurrence thereof
in any part of India in future
835
.
A Study Group of the Committee visited the affected areas and the Committee
presented a report excluding incidents in the Nagpur Municipal Area about which a
judicial enquiry had been ordered by the State Government
836
.
Procedure in the Committee
The Committee has made rules of procedure for its internal working, which are
approved by the Speaker. These rules follow those relating to the financial Committees,
namely, the Committees on Public Accounts, Estimates and Public Undertakings. The
Committee, inter alia, can examine witnesses, both official and non-official, and may
send for papers, persons and records in connection with the examination of subjects,
and can call for statements showing action taken by the Government on the
recommendations made by it in its reports.
Selection of Subjects
The Committee selects, from time to time, such subjects as it deems fit and as
fall within the scope of its terms of reference. The Ministry/Department/Undertaking/
Nationalised Bank is asked in writing to furnish a detailed note and material on the
subject selected by the Committee. The same, when received, is circulated for the use
of the members of the Committee. On the basis of the material received and suggestions
made by the members of the Committee questionnaires for elucidating further
information from the Ministry/Department, etc., are prepared. In preparing the
questionnaire, the recommendations of the National Commission for the Scheduled
Castes and the National Commission for the Scheduled Tribes made in its report are
also taken note of.
833. Notices tabled by three members for raising matters under Rule 377 regarding (i) Murder of two
Harijans of Village Amli Kaur (Distt. Banda) and (ii) Murder of a Harijan agricultural labour in
Village Budhachak (Distt. Patna) were referred by the Speaker to the Committee for enquiry
through the Commissioner for Scheduled Castes and Scheduled Tribes. The Committee after
getting information fromthe Commissioner, took evidence of the representatives of Ministry of
Home Affairs and presented the 51 Report (5LS) on 31 March 1976.
834. On 6 December 1976, the Speaker informed the Lok Sabha that he had referred a number of
complaints about atrocities on Harijans to the Committee for enquiry and report. These instances
were covered by the Committee in report. Ibid.
835. L.S. Deb., 14-8-1978, c. 466.
836. 39 Report (5LS) presented on 30 April 1979.
Sub-Committees/Study Group
The Committee is authorised to constitute Sub-Committees.
The functions of one such Sub-Committee is to study in detail the Reports of
the National Commission for Scheduled Castes and the National Commission for
Scheduled Tribes. The Committee may appoint from time to time a number of Study
Groups for intensive study of the different subjects concerning the welfare of the
Scheduled Castes and Scheduled Tribes, including one Study Group on Procedure,
and Action Taken Reports.
Representations
Ever since the constitution of the Committee, complaints/representations from
the Scheduled Castes and Scheduled Tribes ventilating their grievances on matters
pertaining to their welfare have been coming to the Committee. The complaints/
representations received in the Secretariat are examined and in all apparently genuine
cases, they are referred to the Ministries concerned for factual comments.
In the light of facts received, if the Ministry/Department/Undertaking satisfactorily
explains the position or redress the grievance, the representationist concerned is apprised
of the position. Where, however, a question of policy or principle is involved the
matter is, with the approval of the Chairman, is placed before the Committee/Study
Group on Procedure for consideration and further directions.
On-the-spot Study Visits
The Committee undertakes on-the-spot visits in connection with the subjects
taken up for examination and to examine the representation of Scheduled Castes and
Scheduled Tribes in the services and also socio-economic condition of Scheduled Castes/
Scheduled Tribes in various States/Union Territories. The Committee divides itself into
two or three Study Groups for purposes of tours. On return from the tour, a Tour Report
is prepared and laid on the Tables of the Lok Sabha/Rajya Sabha. After that Report has
been laid on the Table of the Lok Sabha and the Rajya Sabha, copies of the Tour
Reports are also placed in the Parliamentary Library for the use of the Members.
Evidence
The Committee takes evidence of official and non-official witnesses. When
evidence is being taken no strangers are permitted. The proceedings are taken down
verbatim, and are treated as confidential.
Preparation and Presentation of Reports
After the evidence has been taken, a report on the subject/subjects of inquiry
is prepared and presented to the House by the Chairman or any other member of the
Committee duly authorised to do so.
Minutes of Sittings
Minutes of sittings of the Committee, after these have been approved by the
Chairman, are laid on the Table of each House of Parliament alongwith reports.
Committee on Empowerment of Women
To ensure equality and status to women and to protect them against
discrimination, several safeguards are provided in the Constitution and other laws. In
fact, article 15(3) empowers the State to make any special provisions for women on
an overriding basis. In pursuance of these constitutional obligations and to catapult
womens rights on to the centre stage, the Parliament of India enacted the National
Commission for Women Act, 1990. The Commission, intended to serve as a high-
powered autonomous apex body to deal with issues concerning women, was set up
on 31 January 1992 and has since been functioning and making reports in the mandated
areas.
While giving constitutional sanctity to the institutions of the Panchayati Raj
and Nagar Palikas, the Seventy-third and Seventy-fourth Constitution Amendment
Acts of 1992 inter alia earmarked one-third of seats for women in these institutions
mainly to ensure increased say to women in the political and developmental decision-
making process.
Considering the growing need for empowerment of women and their upliftment,
two identical resolutions for constituting a Standing Committee of both the Houses
for improving the status of women were moved in the Rajya Sabha and the Lok Sabha
on the occasion of the International Womens Day on 8 March 1996.
In pursuance of the aforesaid resolution, the matter was considered by the Rules
Committee (Eleventh Lok Sabha). The Rules Committee, in their Second Report, laid
on the Table of the House on 6 March 1997, recommended that a Committee for the
purpose may be constituted. Accordingly, the Committee on Empowerment of Women
was constituted on 29 April 1997.
Composition
The Committee consists of 30 members, 20 nominated by the Speaker from
amongst the members of the Lok Sabha and 10 nominated by the Chairman,
Rajya Sabha from amongst the members of the Rajya Sabha.
The Chairman of the Committee is appointed by the Speaker from amongst its
members. A Minister cannot be a member of the Committee and if a member after
nomination to the Committee is appointed a Minister, he/she ceases to be a member
of the Committee from the date of such appointment. As in the case of the other
Parliamentary Committees, the term of the Committee does not exceed one year.
Functions
The functions of the Committee on Empowerment of Women are:
to consider the reports submitted by the National Commission for Women
and to report on the measures that should be taken by the Union Government
for improving the status/conditions of women in respect of matters within the
purview of the Union Government, including the Administrations of the
Union territories; to examine the measures taken by the Union Government
to secure for women equality, status and dignity in all matters; to examine
the measures taken by the Union Government for comprehensive education
and adequate representation of women in legislative bodies/services and
other fields;
to report on the working of the welfare programmes for the women; to report
on the action taken by the Union Government and Administrations of the
Union territories on the measures proposed by the Committee; and
to examine such other matters as may seem fit to the Committee or are
specifically referred to it by the House or the Speaker and the Rajya Sabha
or the Chairman, Rajya Sabha.
Procedure in Committee
The Committee selects subjects relating to womens issues for detailed
examination. The Committee calls for preliminary material from the concerned
Ministries/Departments and other Government bodies as well as some Non-
Governmental Organisations in regard to these subjects. Further, the Committee takes
oral evidence of the representatives of respective Ministries/Departments. The
Committee also undertakes on-the-spot study visits in connection with the subjects
selected and interacts with women representatives concerned. On the basis of the
examination of the subject, the Committee prepares Reports and presents them to the
Parliament.
Railway Convention Committee
The Railway Convention Committee is an ad hoc Committee constituted from
time to time to review the rate of dividend which is payable by the railway undertaking
to the general revenues as well as other ancillary matters in connection with railway
finance vis-a-vis general finance and make recommendations thereon. Apart from
recommending the rate of dividend payable by the Railways to the General Revenues,
it also suggests the level of appropriation to various Railway funds like the Depreciation
Reserve Fund, Pension Fund, Capital Fund and Development Fund.
The growth and development of Indian Railways owes much to Lord Dalhousie,
Governor-General of India (1848-1856), who suggested a system of trunk lines
connecting the hinterland of Bombay, Bengal and Madras Presidencies with their
principal ports and also with each other. As the Government had neither the funds nor
the technical personnel to undertake the work, the same was entrusted to private
companies who were guaranteed a return of five per cent on their Capital for a period
of twenty five years. In return, the companies were expected to share their surplus
profit with the Government and to sell the Railways to the Government after twenty-
five years. As the expected profit failed to materialise and the guaranteed return
continued to be a drain on the exchequer, the Government purchased the Railways on
the expiry of the period of contract, though the management of the Railways continued
to be with the companies. Subsequently, following the recommendations of the Acworth
Committee (1920-21), the Government took over the management of the bulk of the
Railways. The Committee also recommended the separation of Railway Finances
from the General Finances primarily to secure stability for civil estimates by providing
for an assured contribution from Railway Revenues and also to introduce flexibility
in the administration of the Railway Finances.
While submitting to the Legislative Assembly the resolution for separation of
Railway Finances from General Finances on 17 September 1924, the then Commerce
Member, Sir Charles Innes stated very briefly in the following words the objects
which they had in view:
In the first place, as far as State Railways are concerned, we want to
abolish altogether this system of programme revenue voted for a year. We
want to establish a proper depreciation fund, a depreciation fund arranged in
a scientific and intelligible manner. Secondly, we want to build up Railway
reserves. We want to build them up in order that our finances may be more
elastic, in order that we may have provision to equalize dividends. And
generally, we want to introduce a system of finance which, while maintaining
unimpaired the control of this House and while ensuring to general revenues
a fair return from their Railway property, will be more suited to the needs
of a vast commercial undertaking. Finally, and most important of all, we
want to establish a principle. It is right and proper that the taxpayers, the
State, should get a fair and stable return from the money it has spent on its
Railways: but if you go further, if you take from the Railways more than that
fair return, then you are indulging in a concealed way, in one of the most
vicious forms of taxation, namely a tax on transportation. One of the objects
we have most at heart in putting these proposals before this House is to
establish that principle.
These then are the reasons why we are asking the House to accept this
reform which was insistently pressed by the Acworth Committee, namely, the
reform of separating your Railway from your General Finance. We considered
the possibility of legislating in the matter, but we decided that it would be
preferable to proceed in the manner suggested in the Resolution; that is, we
decided that it would be preferable to ask this House to agree to a convention;
there are some advantages in a convention which can be adjusted from time
to time to varying needs and difficulties. It can even be adjusted to the
ordered progress of the Constitution. It was always our intention whatever
the arrangements we might come to with the House that these arrangements
should be subject to periodical revision; and the House will see that on the
recommendation of the Committee we have definitely provided for this in
the last clause of the amended Resolution.
The Convention, commonly known as the Separation Convention,
was adopted through a resolution of the House on 20 September 1924, and
was approved by the Secretary of State. Under the Separation Convention,
the Railways were required to pay dividend at a fixed rate on their Capital,
the whole of which was advanced by the Government of India. The Resolution
provided that General Revenues should receive a definite annual contribution
from the Railways which was to be the first charge on the receipts of the
Railways. The contribution was to be calculated at 1 per cent of the Capital-
at-Charge at the end of the penultimate financial year, plus l/5th of any
surplus profits remaining after payment of this fixed return, subject to the
condition that, if in any year, Railway revenues were insufficient to provide
the percentage of 1 per cent on the Capital-at-Charge, surplus profits for the
next or subsequent years would not be deemed to have accrued for purposes
of division, until such deficiency had been made good. The interest on the
Capital-at-Charge of, and the loss in working strategic lines, was to be borne
by General Revenues and was to be deducted from the contribution payable
by Railways. Any surplus remaining after this payment to the General Revenue
was to be transferred to Railway Reserve, provided that if the amount available
for transfer to the Railway Reserve exceeded in any year three crores of
rupees, only two-thirds of the excess over three crores would be transferred
to the Railway Reserve and the remaining one-third would accrue to General
Revenues.
The most notable features of the Separation Convention were, firstly,
the fixation of a definite annual contribution from Railways to General
Revenues calculated with reference the Capital-at-Charge of the Railway
system and the profits earned by it and secondly, the establishment of a
Reserve Fund and a Depreciation Fund for Railways. These arrangements
were supported in the main by the following reasons:
as the Government has raised the money for the construction of
Railways in India on its credit, it is reasonable that the return given
by the Railways should be chiefly based on the moneys thus raised;
such a return is best calculated on the moneys expended on lines
expected eventually to yield a return, and not on lines built for quite
different reasons; and
while it is only fair that in prosperous years the taxpayer should share
in the prosperity of the Railways which he has financed, it is to his
advantage to be certain of a gradually increasing income in the long
run, as the invested capital increases. With this end in view, it is
desirable that only a comparatively small proportion of the contribution
should depend on Railway surpluses, and that the major part should
represent a definite and secured profit on the moneys supplied by the
Government for the construction of commercial lines.
The Convention itself contained provision for its own review within
three years. A Committee of the House looked into the matter in 1928 but
came to no conclusions. The general economic depression in the early thirties
hit the Railways Finances hard and depleted all their reserves in the endeavour
to maintain the contribution to the General Revenues and also resulted in the
postponement of renewals and replacements on the Railways. Ultimately, the
situation deteriorated to such an extent that a moratorium had to be declared
and General Finances received no contribution from the Railways until the
early forties when the Second World War brought heavy traffic to the Railways
in India and they showed huge earnings.
There had been numerous Cut Motions, Resolutions and Questions all
of which pointed to failure of the Convention to give satisfaction under
varying conditions. During the debate on the Cut Motion moved on
20 March 1942, several members who participated emphasised this fact.
On 2 March 1943, therefore, Sir Edward Benthall, the then Member
for Railways and War Transport, moved the following Resolution in the
House:
That whereas it has been found that the Convention, which was adopted
under the Assembly Resolution, dated 20 September 1924 and which was
intended to relieve the General Budget from violent fluctuations caused by
the incorporation therein of the Railway estimates and to enable Railways to
carry on a continuous Railway policy based on the necessity of making a
definite return to General Revenues on the money expended by the State, has
not achieved these objects, this Assembly recommends to the Governor
General in Council that:
(i) For the year 1942-43, a sum of Rs. 2,35,32 thousand shall be paid
to General Revenues over and above the current and arrear contribution
due under the Convention,
(ii) From the 1 April 1943, so much of the Convention as provides for
the contribution and allocation of surpluses to General Revenues
shall cease to be in force,
(iii) For the year 1943-44, the surplus on commercial lines shall be utilised
to repay any outstanding loan from the depreciation fund and thereafter
be divided twenty five per cent to the Railway reserve and seventy
five per cent to General Revenues, the loss, if any, on strategic lines
being recovered from General Revenues, and
(iv) For subsequent years and until a new Convention is adopted by the
Assembly, the allocation on the surplus on commercial lines between
the Railway Reserve and General Revenues shall be decided each
year on consideration of the needs of the Railways and General
Revenues, the loss, if any, on strategic lines being recovered from
General Revenues.
While explaining the reasons for bringing forward the above Resolution,
Sir Edward Benthall stated:
There are two reasons for bringing forward the present Resolution
now in its present from. The first is the necessity of relieving General Revenues
this year and next. The General Budget introduced by the Honourable the
Finance Member on Saturday in itself illustrates the justification for this. The
second is the necessity of relieving the Railway Budget in the future years,
if we are to meet the first necessity to the extent proposed in the present
emergency. We should, in my opinion, definitely not be justified in giving
such a large share of the surplus profits to General Revenues, unless Railways
are relieved of the one percent contribution in the future. From the Railway
point of view, I consider paragraph (ii) of the Resolution to be an essential
element of the proposals for distributing the anticipated surplus of 1943-44.
If Railways are not relieved of the one per cent contribution for future years,
we should allocate more to the Railway Reserve now in order to provide for
payment of this contribution in times of depression. Any other course would
be unsound finance on the long term view.
Some members then urged an immediate wholesale revision of the
Convention. But Sir Edward Benthall cautioned that they were at that time
budgeting on boom conditions (as the War was in full swing) and for final
revision it would be necessary to forecast the probable gross receipt and
expenditure in normal times before an appropriate basis of allocation between
Railways and General Revenues could be settled. During the debate that
took place on the above Resolution, three proposals were made. One was
that there should be an ad hoc Committee to examine the whole question.
The second was that an expert commission should be appointed. The third
proposal was that a Committee of the House should be set up to examine this
question. The suggestion made by Sir Edward Benthall was that this matter
should be referred to the Standing Finance Committee for Railways and, if
appropriate, to the Central Advisory Council for Railways. While winding up
the debate, Sir Edward Benthall offered to appoint a special Committee of
the House to consider this question and the Resolution was adopted.
The essence of the Resolution adopted in 1943 was that so far as the
contribution to General Revenues was concerned, the provisions of the 1924
Resolution should cease to operate. The Resolution directed an ad hoc basis
according to the circumstances attending both the administration of General
Finances and the administration of Railway Finance.
In pursuance of this Resolution passed by the Legislative Assembly on
23 March 1943, to consider matters arising out of clause (iv) of the Assemblys
Resolution of 2 March 1943, amending the Separation Convention adopted
by the Assembly on 20 September 1924, a Railway Convention Committee
was constituted but it was wound up soon after it issued an interim report.
The Committee inter alia recommended that until the Convention was revised,
the present rate of contribution to the Depreciation Fund should not be
reduced. In 1947, during the Budget Session, a Committee of the Central
Legislative Assembly was set up for the purpose of investigating into this
matter; but owing to the impending constitutional changes on account of
transfer of power, the Central Legislative Assembly and its Committee ceased
to exist on the dissolution of the Assembly after the Budget Session of 1947.
The matter of revision of the Convention was also considered by the
Indian Railway Enquiry Committee (1946-47) of which Pandit H.N. Kunzru
was the Chairman. That Committee was against the immediate revision and
suggested that it should wait till the Railways had fully recovered from the
impact of accumulated arrears of replacements, etc. as a result of the war.
This Committee stated:
As in the present unstable conditions, no fixed principle can be laid
down for making allocation to the Fund, we content ourselves to
recommending that an annual contribution to the Fund for the next five years
be made at about Rs. 22 crore per annum.
The Government, however, did not accept this recommendation.
The arrangements laid down in the Convention Resolution of 1943,
which, though continued till 1948-49, did not work in a very satisfactory
manner. While introducing the Railway Budget for 1948-49, the Railway
Minister announced the appointment of a Committee consisting of three
members of the Standing Finance Committee and three members of the
Railway Standing Finance Committee under the Chairmanship of Shri G.V.
Mavalankar, Speaker of the Constituent Assembly (Leg.) to decide the question
of allocation of the Railway Surplus. This Committee fixed the share payable
to General Revenues as 50 per cent (viz. Rs. 4-1/2 crore) of the anticipated
budget surplus of Rs. 9 crore for 1948-49 and any excess over Rs. 9 crore
was to be credited to the Betterment Fund. However, this amount was raised
to Rs. 7.34 crore on the basis of the Revised Estimates of Railways for
1948-49. The same principle was followed while framing the Budget Estimates
of the Railways for 1949-50.
Convention of 1949The first after Independence
In the course of his Budget Speech for 1949-50, the Railway Minister
made an announcement about the setting up a Railway Convention Committee
consisting of members of the House to go into this matter, including also the
problems relating to the Depreciation Fund and make its recommendations
before the end of the calendar year 1949.
The Committee decided finally to discard the 1924 formula and adopt
in its place a simpler, more just and more easily workable arrangement. They
came to the conclusion that a fixed dividend would assure to General
Revenues, over the term agreed on, a dependable return on the Capital-at-
Charge and that this would facilitate forward planning while, at the same
time, it would assist the Railway Undertaking in planning and implementing
a comprehensive programme of rehabilitation for overtaking the heavy arrears
of renewals, replacements and neglected maintenance as well as of improve-
ment and expansion of Railway service.
The Committee inter alia made the following recommendations:
General Finances should be guaranteed a fixed dividend on the loan
capital invested in the undertaking as computed annually. The rate of
dividend should be 4 per cent on such capital for a period of five years
commencing from 1950-51.
A Committee of the House should review the rate towards the end
of this period and suggest for the years following it any adjustment
considered necessary, having regard to the revenue returns of the Railway
undertaking, the average borrowing rate of Government and any other
relevant factor; the contribution to the Depreciation Fund should be a
minimum of Rs. 15 crore a year for the five years commencing from
1950-51. The full cost of replacement should be charged to this Fund.
The Committee also made recommendations about the modification
of the existing rules of allocation of expenditure between capital and
revenue, the constitution of a Development Fund and the separation of the
loan account from the block account, etc.
Shri Gopalaswami Ayyangar, the then Railway Minister, on
21 December 1949, while moving the Resolution for adoption of the 1949
Convention said:
To divert any portion of such a surplus as an extra contribution to
general revenues either on the formula of the 1924 Resolution or in an
ad hoc manner for each year as in the 1943 Resolution could not be
related to any acceptable principle of sound financing applicable either to
Railway or to General Finance. To do so would introduce a certain amount
of uncertainty into both General and Railway Finances. It will be unhealthy
from the point of view of both. General Finance has to count upon
something definite which it can get from the working of the Railway each
year; otherwise any planning that it may undertake is prejudiced by the
uncertainty that will prevail. Railway Finance has also to be assured that
if the administration of the Railways does bring into existence a surplus,
it can have full control over that surplus for the purpose of overtaking
heavy arrears of maintenance and improvements. Also, it will be enabled
to find money for expansion in various directions.
The Constituent Assembly (Legislative) adopted the Resolution on the
same day.
One of the basic principles enunciated by this Committee was the
fixation of definite rate of dividend which included an element of contribution
to the General Revenues over and above the bare interest paid by the Govern-
ment on the Capital provided for Railways. This principle was enunciated on
the consideration that, in essence, the general tax payer is the owner and sole
shareholder of the undertaking. The working of this Convention ensured a
steady return to the General Revenues and also enabled the Railways to
strengthen their reserves for discharging their obligation towards rehabilitation,
increasing operating efficiency and provision of adequate amenities. It also
arrested the growth of over capitalization in the Railway undertaking.
Composition
The working of the Separation Convention has been reviewed from time to time
by Committee appointed in 1954, 1960, 1965, 1973, 1977, 1980, 1985, 1989, 1991,
1996, 1998, 1999 and 2004.
The Railway Convention Committee is constituted by a resolution moved in the
Lok Sabha by Government and concurred in by the Rajya Sabha. It consists of twelve
members from the Lok Sabha and six members from the Rajya Sabha who are
nominated by the Speaker, Lok Sabha and the Chairman, Rajya Sabha, as the case
may be. The Chairman of the Committee is appointed by the Speaker from amongst
the members of the Lok Sabha. The Ministers of Finance and Railways are among the
members nominated to the Committee.
837
Term of Office
The Committee, once constituted, functions till the dissolution of the Lok Sabha
unless it presents its final report earlier and thus becomes functus officio.
Functions
Although the Railway Convention Committee has not drawn up any separaterules
to regulate its internal working, it functions more or less on the same lines as those
of the Financial Committees of the Parliament, viz., the Public Accounts Committee
838
,
the Committee on Estimates
839
and the Committee on Public Undertakings
840
.
The functioning of the Committee is also governed by the general rules relating
to Parliamentary Committtees
841
. These rules are further supplemented by Directions
issued by the Speaker in exercise of the powers conferred on him under Rule 389 and
other Rules.
Examination of other Subjects
While the Convention Committees of 1949, 1954, 1960 and 1965 confined
themselves only to the question of determining the rate of dividend payable by the
Railway undertaking during the succeeding quinquennium, the Railway Convention
Committee of 1971 for the first time selected some subjects having a bearing on the
Railway Finances for detailed examination. The subsequent Committees appointed in
1973, 1977, 1980, 1985, 1989, 1991, 1996, 1998, 1999 and 2004 also examined
various aspects of the working of the Railways and Railway Finances. The Committee
has been selecting subjects for examination shortly after its constitution and inviting
memoranda from the Ministry of Railways and other concerned Ministries as also
from individuals/organisations. Sometimes it also invites memoranda from State
Governments.
837. However, for the first time, the Minister of Finance was not nominated as a member of the
Convention Committee (1989). After the change of Government at the Centre on 10 November
1990, the new Railway Minister was also not nominated to the Committee and the former Railway
Minister continued to be a member of the Committee. In the Convention Committee (1991), both
the Railway Minister and the Finance Minister were not nominated as members of the Committee.
However, both the Ministers were nominated to the Committee against subsequent vacancies. In
the Railway Convention Committee (1996), only the Railway Minister was nominated as a member
of the Committee. In 2004 neither of the two Ministers was nominated as a member.
838. Rules 308 and 309.
839. Ibid., 310-12.
840. Ibid., 312A and B.
841. Ibid., 253-86.
Rate of Dividend
As regards the rate of dividend that may be payable by the Railways to the
General Revenues, the Committee invites a memorandum from the Financial
Commissioner of Railways. The memorandum contains the views of both the Ministry
of Railways and the Ministry of Finance on various proposals made therein.
After considering Interim Memorandum furnished by the Ministry of Railways,
the Convention Committee (2004) in their First Report had purely as an interim
measure recommended Rate of Dividend at the rate of 6.5% for the year 2004-2005
on the entire capital invested on railways from the General Revenues irrespective of
the year of investment, inclusive of the amount that was payable to the Railways to
the General Revenues for payment to states as grant in lieu of passenger fare tax and
contribution for assisting the States for financing safety works during the financial
year 2003-2004. This was 0.5% less than the rate of dividend of 7% fixed for the year
2002-03. All other concessions be allowed to continue on the existing basis for the
year 2004-05.
The Convention Committee (2004) in their Fifth Report had recommended Rate
of Dividend at 6.5% for the year 2006-07. The Convention Committee (2004) in their
Sixth Report had, however, recommended Rate of Dividend for the year 2007-08 to
the General Revenues be restored at 7.0% on the entire capital (excluding dividend
free capital) invested on railways from the General Revenues irrespective of the year
of investment, inclusive of the amount that was payable to the railways to the General
Revenues for payment to States as grant in lieu of passenger fare tax and contribution
for assisting the States for financing safety works during the financial year
2006-2007.
Consideration of Report
The report of the Committee on the rate of dividend is considered by the House
on a resolution moved by the Ministry of Railways. However, other reports of the
Committee are normally not discussed in the House.
Committee on Members of Parliament Local Area
Development Scheme (Lok Sabha)
During the Fourth Session of the Twelfth Lok Sabha, a new ad hoc Committee
on Members of Parliament Local Area Development Scheme (Lok Sabha) was
constituted
842
. This Committee consisted of 23 members and the tenure of the
Committee was not to exceed one year. Presently there are 24 members in this
Committee. The main functions of the Committee were to: (i) monitor and review
periodically the performance and problems in implementation of the MPLAD Scheme
(Lok Sabha); (ii) consider complaints of members of Lok Sabha in regard to the
Scheme; and (iii) perform such other functions as may be assigned to it by the
Speaker from time to time.
842. For details regarding the MPLAD Scheme see Chapter XIIISalaries, Allowances, other
Entitlements, Amenities and Facilities.
C. DEPARTMENTALLY RELATED STANDING COMMITTEES
Evolution and Constitution of Standing Committees
With the unprecedented growth of governmental activities over the years,
Parliament had been finding itself somewhat handicapped in exercising fully its pivotal
role of ensuring administrative and financial accountability. Enormous budgetary
allocations of various Ministries were also being passed by Parliament without sufficient
debate for want of time. For instance, in 1989, the Demands of Grants of only
3 Ministries/Departments were discussed and Demands in respect of as many as
34 Ministries/Departments were guillotined.
In 1978, the Conference of Presiding Officers of Legislative Bodies in India
had deliberated on this issue. The matter was also brought into sharp focus during the
Third Regional Commonwealth Parliamentary Association Seminar held in New Delhi
in J anuary 1984. The matter was further debated in the Presiding Officers Conference
held in Calcutta in 1984. Thereafter, the Rules Committee of the Lok Sabha considered
a proposal for having 9 ad hoc Committees for pre-voting scrutiny of the Demands
for Grants. However, no final decision could be reached.
Even while the proposal to set up the Budget Committees awaited finalisation,
another proposal of a far-reaching nature designed to strengthen the Committee System
and to secure administrative accountability in a far more effective way was placed
before the Rules Committee in the closing months of life of the Eighth Lok Sabha.
The Rules Committee, at their sittings held on 30 March and 9 May 1989, considered
and approved the proposals to set up three Subject Committeesone each on
Agriculture, Science and Technology and Environment and Forests. Necessary
recommendations to this effect were made by the Rules Committee in their Second
and Fourth Reports laid on the Table of the House on 2 May and 25 J uly 1989,
respectively. The Rules relating to these Committees were finally approved by the
House and the Committees were constituted for the first time with effect from
18 August 1989.
These Subject Committees were, inter alia, to examine the activities of the
concerned Ministries/Departments and to report as to what economies, improvements
in organisation, efficiency or administrative reforms consistent with the policy approved
by Parliament might be effected. Apart from other functions, these Committees were
to examine the Annual Reports and Plan Projects/activities of the concerned Ministries.
After observing the functioning of the three Subject Committees for some time,
in 1992, during the Tenth Lok Sabha, the matter relating to Departmentally related
Parliamentary Standing Committees was again considered by the General Purposes
Committee and the Rules Committee and they felt that a full fledged system of
Departmentally related Standing Committees be created covering under their jurisdiction
all the Ministries/Departments of the Government of India.
Subsequently, the whole matter was considered afresh during February and
March 1993 by the General Purposes Committee and the Rules Committees of both
the Houses of Parliament together. As a result of these discussions, a broad consensus
was arrived at that Standing Committees be set up to consider the Demands for
Grants, Bills and rational basic long term policy documents presented to the Houses
and referred to them by the Speaker/Chairman of the Rajya Sabha and the annual
reports of the related Ministries/Departments.
The Reports of the Rules Committees of the Lok Sabha and the Rajya Sabha
adopted by the two Houses on 29 March 1993, paved the way for the setting up of
the Departmentally related Standing Committees covering under their jurisdiction all
the Ministries/Departments of the Union Government. With the setting up of these
Committees, the three Subject Committees, constituted in August 1989, ceased to
exist. On 31 March 1993, covering all Central Government Ministries/Departments.
Out of these 17 DRSCs, 11 were under Lok Sabha and 6 under Rajya Sabha.
After experiencing the working of the DRSC system for over a decade, the
system was re-structured in J uly 2004 wherein the number of DRSCs was increased
from 17 to 24. These Committees cover under their jurisdiction the following Ministries/
Departments:
Sl. Name of Committee Ministries/Departments
No.
Part I
1. Committee on Commerce Commerce and Industry
2. Committee on Home Affairs (1) Home Affairs
(2) Development of NorthEastern Region
3. Committee on Human Resource (1) Human Resource Development
Development (2) Youth Affairs and Sports
(3) Women and Child Development
4. Committee on Industry (1) Heavy Industries & Public Enterprises
(2) Small Scale Industries
(3) Agro and Rural Industries
5. Committee on Science & Technology (1) Science & Technology
and Environment & Forests (2) Space
(3) Earth Sciences
(4) Atomic Energy
(5) Environment & Forests
6. Committee on Transport, Tourism (1) Civil Aviation
and Culture (2) Shipping, Road Transport and Highways
(3) Culture
(4) Tourism
7. Committee on Health and Family Health and Family Welfare
Welfare
8. Committee on Personnel, Public (1) Law and J ustice
Grievances, Law and J ustice (2) Personnel, Public Grievances and Pensions
1 2 3
Part-II
9. Committee on Agriculture (1) Agriculture
(2) Food Processing Industries
10. Committee on Information (1) Communications and Information
Technology Technology
(2) Information & Broadcasting
11. Committee on Defence Defence
12. Committee on Energy (1) New and Renewable Energy
(2) Power
13. Committee on External Affairs (1) External Affairs
(2) Overseas Indian Affairs
14. Committee on Finance (1) Finance
(2) Corporate Affairs
(3) Planning
(4) Statistics and Programme Implementation
15. Committee on Food, Consumer Consumer Affairs, Food and Public
Affairs and Public Distribution Distribution
16. Committee on Labour (1) Labour and Employment
(2) Textiles
17. Committee on Petroleum and Petroleum and Natural Gas
Natural Gas
18. Committee on Railways Railways
19. Committee on Urban Development (1) Urban Development
(2) Housing and Urban Poverty Alleviation
20. Committee on Water Resources Water Resources
21. Committee on Chemicals and Chemicals and Fertilizers
Fertilizers
22. Committee on Rural Development (1) Rural Development
(2) Panchayati Raj
23. Committee on Coal and Steel (1) Coal
(2) Mines
(3) Steel
24. Committee on Social J ustice and (1) Social J ustice and Empowerment
Empowerment (2) Tribal Affairs
(3) Minority Affairs
The Committee specified under Parts I & II above work under the directions of
the Chairman, Rajya Sabha and the Speaker, Lok Sabha, respectively.
Rules Governing Standing Committees
Like any other business of the House, business of the Standing Committees is
also governed by certain Rules relating to Departmentally Related Standing Committee
incorporated in Chapter XXVI (Rule 331C to 331N) along with General Rules relating
to Parliamentary Committees (Rule 253 to 286 of Chapter XXVI) of the Rules of
Procedure and Conduct of Business in Lok Sabha (Ninth Edition).
Composition
At the time of introduction of DRSC system in 1993, composition of the
17 DRSCs was 45 members30 nominated by the Speaker, Lok Sabha from amongst
the members of Lok Sabha and 15 members nominated by the Chairman, Rajya Sabha
from amongst the members of Rajya Sabha. However, with restructuring of DRSCs
in J uly 2004
843
when number of DRSCs was raised from 17 to 24, the membership
was reduced from 45 to 31 members21 from Lok Sabha and 10 from Rajya Sabha.
Seats on each Committee are allocated to different Parties and Groups in the House
as far as practicable in proportion to their respective strength in the House. Suitable
number of seats on these Committees are also allocated to independent and unattached
members. In principle, all members of Lok Sabha and Rajya Sabha, other than the
Ministers are nominated to one or the other Standing Committee.
Appointment of Chairman
The Chairman of each of the Standing Committee specified in Part I is appointed
by the Chairman, Rajya Sabha and in respect of Committees specified in Part II by
the Speaker, from amongst the members of the Committee.
Minister not to be Member of the Committee
A Minister is not eligible to be nominated as a member of any of the Standing
Committee and if a member, after nomination to any of the Standing Committees, is
appointed a Minister, he ceases to be a member of the Committee from the date of
such appointment.
Term of Office
The term of office of the members of each Standing Committee is one year
from the date of its constitution.
Functions
The functions of each of the Standing Committees are:
(a) to consider the Demands for Grants of the concerned Ministries/
Departments and make a report on the same to the Houses. The Report
shall not suggest anything of the nature of Cut Motions;
(b) to examine such Bills pertaining to the concerned Ministries/Departments
as are referred to the Committee by the Chairman, Rajya Sabha or the
Speaker, Lok Sabha as the case may be, and make report thereon;
(c) to consider annual reports of Ministries/Departments and make reports
thereon; and
(d) to consider national basic long term policy documents presented to the
Houses, if referred to the Committee by the Chairman, Rajya Sabha or the
Speaker, Lok Sabha as the case may be, and make reports thereon.
The Standing Committees do not consider the matters of day to day administration
of the concerned Ministries/Departments.
The Standing Committees also do not generally consider the matters which are
under consideration by the other Parliamentary Committees.
843. Bn. (II), 20-07-2004
Procedure relating to consideration of Demands for Grants
After the general discussion on the Budget in the House is over, the Houses are
adjourned for a fixed period. The Committees consider the Demands for Grants of the
concerned Ministries during the aforesaid period and submit their report within the
period without seeking any extension of time for the same. There is a separate report
on the Demands for Grants of each Ministry. The Demands for Grants are considered
by the House in the light of the reports of the Committees.
Procedure relating to consideration of Bills
The Committees consider only such Bills introduced in either of the Houses as
are referred to them by the Chairman, Rajya Sabha or the Speaker, Lok Sabha as the
case may be. The Committees consider the general principles and clauses of the Bills
referred to them and make report thereon within the given time.
Examination of Annual Reports
Besides consideration of the Demands for Grants and the Bills referred to them,
the Committee may select other subjects for examination on the basis of Annual Reports
of the Ministries/Departments within the jurisdiction of the respective Committee.
Appointment of Sub-Committees/Study Groups
The Chairman of a Committee may appoint Study Groups/Sub-Committees
from amongst the members of the respective Committees with a view to making
detailed study/examination of the subject selected by them, scrutinising the action
taken by the Government on the recommendations contained in their previous reports
and for considering procedural and general matters.
Procedure for examination of subjects
The rules applicable to other Parliamentary Committees are applicable to the
Standing Committees also. The examination of a subject is done in various stages, viz.
calling of preliminary material, calling for written replies, calling of Memoranda from
non-officials and evidence of the non-officials and officials.
Association of Specialists/Technical Experts/Consultants, etc.
The Standing Committees may associate specialists/technical experts/consultants,
etc. and even may seek public opinion at various stages of examination of a subject,
if necessary, to make the Report.
Reports and Minutes
The conclusions of each of the Standing Committees on a subject examined are
contained in its report, which, after its adoption by the respective Committee and
factual verification by the Ministry concerned, is presented by the concerned Chairman
to the respective Houses. Minutes of the sittings of the Committees are laid on the
Table of the House along with the relevant reports.
The reports are adopted by the broad consensus among the members. However,
a member of a Standing Committee may give a note of dissent on the report of the
Committee and it is presented to the House along with the report.
Action Taken Reports
The Reports of the Standing Committees have persuasive value and are treated
as influential advice given by the Committee. The Bills which are reported upon by
the Committee are considered by the Houses in the light of the reports of the
Committees. In respect of reports on Demands for Grants and other subjects, the
Ministry or the Department concerned is required to take action on the recommendations
and conclusions contained in the report and furnish action taken replies thereon.
Action taken notes received from the Ministries/Departments are examined by
the Committee and Action Taken Reports thereon are presented to the House.
Further Action Taken Notes on Action Taken Reports received from the
Ministries/Departments are examined by the Committee and laid in the House in the
form of a statement on Further Action Taken by the Government on the Action Taken
Reports.
Statement by Minister on Committee Reports
The Minister concerned makes, once in six months a statement in the House
regarding the status of implementation of recommendations contained in the Reportsof
Departmentally Related Standing Committees of Lok Sabha with regard to his Ministry/
Department. (Direction 73A vide Lok Sabha Bulletin Part-II dated 1 September 2004).
D. COMMITTEES OTHER THAN PARLIAMENTARY COMMITTEES
ON WHICH MEMBERS WERE/ARE REPRESENTED
Standing Committees of Legislative Bodies
Till the constitution of the First Lok Sabha, there were Standing Committees for
the various Departments of the Government of India to which members of the Central
Legislature were elected.
The institution of Standing Committees owed its origin to the recommendation
contained in the Montague-Chelmsford Report and the main purpose of these
Committees was stated to be to familiarise elected members with the process of
administration and assist the political education of India
844
. These Committees
functioned in an advisory capacity and would record their opinions for consideration
of the Government on matters of policy, new schemes involving expenditure above
a fixed limit and annual reports of the Departments which they were attached to.
Standing Finance Committee
On a motion adopted by the Legislative Assembly in 1921, a Standing Finance
844. Indian Statutory Commission Report, popularly known as the Simon Report, Vol. I, parts 425 and
426.
Committee was set up
845
. The Committee consisted of ten members elected by the
Assembly, besides the Finance Member who was nominated by the Governor-General
as its Chairman. Next year, the number of elected members of the Committee was
increased from ten to fourteen, besides the Chairman. This composition of the
Committee remained unchanged till 1949 when, on amotion adopted by the Constituent
Assembly (Legislative) on 23 November, 1949, the Government Chief Whip was
nominated as an ex officio member of the Committee
846
. On a motion adopted by the
Provisional Parliament on 5 April 1950, the strength of the elected members of the
Committee was increased to sixteen. In March 1951, the Minister of State for Finance
was also made an ex officio member of the Committee
847
. This composition of the
Committee continued till 1952 when the Standing Finance Committee, along with the
other Standing Advisory Committees, ceased to exist.
The functions of the Standing Finance Committee, like its composition, changed
from time to time. In 1921, when the Committee was first appointed, its functions
were stated by the Finance Member as
848
:
shortly before the introduction of the budget, the Committee would be
given an opportunity of examining the civil voted estimates; proposals for
supplementary grants should be examined by the Committee and the
Committee should in the course of the year deal with any scheme for fresh
votable expenditure put forward by Departments, but those schemes should
be limited to major schemes which would be sufficiently large to have an
influence on the budget.
In 1922, at the instance of the Assembly, the functions assigned to the Standing
Finance Committee were
849
:
to scrutinise all proposals for new votable expenditure in all Departments
of the Government of India; to sanction allotments out of lump sum grants;
to suggest entrenchment and economy in expenditure; and generally to assist
the Finance Department of the Government of India by advising on such
cases as may be referred to it by the Department
850
.
From 1946, the scope of the Committees functions was enlarged to include
consideration of new items of expenditure covering non-voted heads.
Other Standing Committees
In January 1922, the Legislative Assembly adopted by a resolution recommending
to the Governor-General that the Standing Committees be also associated with the
845. L.A. Deb., 22-2-1921, pp. 335-37.
846. C.A. (Leg.) Deb., 23-11-1949, p. 1767.
847. P. Deb. (II), 20-3-1951, cc. 4818-19.
848. L.A. Deb., 22-2-1921, pp. 335-37.
849. Ibid., 11-3-1922, p. 2973.
850. Regarding the Standing Finance Committee, the Indian Statutory Commission observed that the
Executive rarely, if ever, ignored its advice, nor the Assembly ever dissented fromits views.
Simon Report, Vol. I, para 426.
different Departments of the Government of India, other than the Army and the
Foreign and Political Departments
851
. The Government decided to give effect to the
resolution in a restricted manner and Standing Committees for four Departments
852
were constituted. An essential feature of these Committees was that three members of
the Assembly and two members of the Council were to be nominated to each Committee
by the Governor-General from separate panels of members elected by the two
Chambers.
An important change in the constitution of the Committees was effected in 1931
when the practice of nomination by the Governor-General from panels was replaced
by the system of direct election of members of the two Houses.
The position continued till 1944 with occasional amendments making additions
to, and omissions of, Departments for which Standing Committees were elected. The
new notification issued in that year ensured the election of Standing Committees for
almost all the Departments of the Government of India.
The Standing Committees attached to the Departments then existing came to an
end when the Legislature ceased to exist with the attainment of Independence on
15 August 1947. These were, however, revived by the Cabinet although the Ministry
of Law were of the view that in the new set up, when the Government became fully
responsible to the Legislature, the institution of Standing Committee was of doubtful
utility.
It was also decided that the Rules for the Committees would henceforth be
adopted by the Legislature instead of being made by the Government
853
. However, no
significant change was effected in other respects; the advisory character of the
Committees remained intact; they continued to function under the Chairmanship of
the Minister or Minister of State in-charge of the respective Ministry or Department
and the secretarial work of these Committees also remained with the concerned Ministry
or Department.
The following subjects were normally laid before the Standing Committees:
All non-ofiicials Bills introduced or proposed to be introduced in the
Assembly and legislative proposals which the Ministry concerned intended
to undertake;
Reports of Committees and Commissions, excluding unpublished reports
of Departmental Committees on which the Legislature was not adequately
represented;
Major questions of general policy and financial proposals; Annual
Reports; and
With the approval of the Minister in-charge, any topic of public
importance within the field of the Committee which a member of the
Committee might propose for discussion.
851. L.A. Deb., 19-1-1922, pp. 1755-89.
852. These are the Home Department; the Department of Revenue and Agriculture; the Department of
Commerce and Industries; and the Department of Education and Health.
853. The Rules were adopted by the Constituent Assembly (Legislative) on 19 November 1947.
Subsequently, it was felt that such Standing Committees were out of date and
did not fit in with the constitutional changes that had taken place in the country and
the democratic pattern under which the formulation of policies and their execution
had become the responsibility of the Council of Ministers responsible to Parliament.
When the first Lok Sabha met and the Government did not move for the constitution
of these Committees, some members raised the matter during the debate on the
Appropriation (No. 2) Bill, 1952. Announcing the decision of the Government to
discontinue these Standing Committees, the Prime Minister inter alia observed:
These Standing Committees were formed under very special circumstances which
obviously no longer exist. The Committees met roughlyexcept for Standing Finance Committee
which met more frequentlytwo or three times a year and they met to consider certain
projects which they recommended or passed to the Finance Committee or whatever it was.
There was hardly any real insight into the administration, any opportunity for that. It was a
formality and a certain check, if you like, on the previous Government that we used to have.
Now as we function today, that particular type of Standing Committee has no meaning...
I amnot talking of cooperation in this House but actual consultations, etc., in regard
to important matters. I amperfectly prepared to consider any proposal. But I do think that this
old systemof Standing Committees as they were is completely out of place. It was a relic of
the old British days which has no place today. Therefore, we decided to do away with it, but
not to do away with the possibility of consultation or co-operation
854
.
Consultative Committees
After the abolition of the Standing Committees, the question of acquainting
members of Parliament with the working of the various Ministries/Departments and
providing them with the opportunities for discussion of broad policies of Government
in an informal manner continued to engage the attention of the Government. In
pursuance of a decision of the Cabinet, Informal Consultative Committees were
constituted for the purpose in 1954 for the various Ministries/ Departments.
On the reconstitution of these Informal Consultative Committees in
1957, a desire was expressed by leaders of the various Parties/Groups in
Parliament to make the functioning of these Committees more purposeful. As
a result of discussions at various levels, a general agreement between the
Government and the Opposition parties was arrived at in April 1969. As a
part of this agreement, these Committees came to be named as Consultative
Committees and mutually agreed guidelines were formulated for the
constitution and functioning of these Committees. The suggestion of the
Opposition for the formation of Parliamentary Committees in place of
Consultative Committees, was however, not agreed to.
Members from both Houses of Parliament are nominated on the Consultative
Committees by the Minister of Parliamentary Affairs on the basis of the preferences
indicated by the members themselves or by the party leaders. Members belonging to
the ruling party and unattached members are nominated on the basis of the preferences
indicated by them and sent individually to the Minister of Parliamentary Affairs and
members of the Opposition Parties/Groups are nominated on the basis of the preferences
indicated by their Party Leaders/Chief Whips.
854. H.P. Deb. (II), 4-7-1952, cc. 3261-62.
Membership of these Committees is voluntary. A member of Parliament is
nominated on one Consultative Committee only. The maximum membership of a
Consultative Committee is 40.
There are also Consultative Committees for the Railway Zones. These
Committees continue to be known as Informal Consultative Committees. A member
of Parliament is nominated on the Informal Consultative Committee of the Railway
Zone in which his constituency falls. If his constituency happens to fall more than one
Railway Zone, then he may be nominated on the Informal Consultative Committees
of all such Railway Zones, if he so desires.
According to the Guidelines, the Consultative Committees are to be reconstituted
each year during the Budget Session. But it has become a practice to reconstitute the
Committees every alternate year.
The Minister concerned is the Chairman of the Consultative Committee and he
presides over its meetings. In his absence, the Minister of State in the Ministry may
preside over the meeting.
The Consultative Committees provide a forum for informal discussion among
the members, Ministers and senior officers of the Government on the problems and
policies of the Government and the working of administrative Ministries/Departments
in a manner which is not practicable on the floor of the House. Ministers are free to
decide how they would like to share with members the information on questions and
problems concerning their Ministries. The deliberations of these Committees are
informal and no reference to the discussions held in the meetings thereof is made on
the floor of the House; this is binding on both the Government and the members.
The agenda for a meeting of a Consultative Committee may consist of subjects
suggested by members or by the Ministry. Notes on the agenda items are prepared and
circulated to the members in advance. Minutes of the meetings and Action Taken
Reports on the minutes are also circulated to the members, except in the case of the
Ministries of Defence, External Affairs and Department of Atomic Energy and other
Scientific Departments. The Committees have no right to summon any witness or to
examine any official records. The Chairman of the Committee may furnish any
additional information required by the members.
A Consultative Committee is required to hold its meeting once during each
session period and once during each inter-session period, the only exception being the
Committee of the Ministry of Railways which is to hold meetings only during inter-
session periods. The reason is that the Ministry of Railways holds meetings of the
Informal Consultative Committees of the Railway Zones during session periods.
Keeping in view the need for economy in expenditure, there was a ban (since
J uly 1981) on holding the meetings of the Consultative Committees outside Delhi. In
October 1995, it was decided, with the approval of the Ministry of Finance, that
Ministries/Departments may hold one meeting of the Consultative Committee in a
year, during inter-session period, anywhere in India if the Chairman of the Committee
so desires and that the number of officers attending such meeting outside Delhi would
be kept to the minimum. Study visits of members of the Consultative Committees to
project sites of major Public Sector Undertakings can, however, be made outside
Delhi. Members of the Consultative Committee who attend the inter-session meetings
and the Study visits are entitled to TA/DA.
Where there is unanimity of view in the Committees, the Government normally
accepts the view subject to certain exceptions, viz. any view having financial
implications; any view concerning security, defence, external affairs and atomic energy;
and any matter falling within the purview of an autonomous corporation. In case there
is any difficulty in accepting the views, the reasons for non-acceptance of that view
are explained to members of that Committee.
While opinion is often expressed in some quarters that the Consultative
Committees should be replaced by Parliamentary Committees, the experience of the
working of the Consultative Committees over the past 28 years has proved that these
Committees have come to stay as useful fora for informal discussions between Ministers
and Officers on the one hand and the members of Parliament on the other matters
relating to Governments policies and programmes and the manner of their
implementation. It is also noteworthy that while there is no obligation on the part of
a member of Parliament to be a member of a Consultative Committee, almost all the
members of Parliament have opted to be members of the Committees and they actively
participate in the deliberations.
Government Committees
There are a number of Committees, Councils, Boards, etc., (hereinafter referred
to as Government Committees) constituted by the Government on which members of
either House are represented partially
855
. The Government Committees are set up in
pursuance of a provision in an Act of Parliament or a Government resolution. Broadly,
the function of these Committees is to advise the Government on certain issues or to
inquire into certain matters. In some cases, these Committees are also called upon to
frame rules, regulations or bye-laws for the governance of educational institutions,
promotion of industrial development, trade, etc.
Members of the Lok Sabha are nominated thereon by the Speaker on a request
from the Minister concerned. When such a request is received, the leaders of Parties
and Groups in the House are asked by the Secretariat to suggest, for consideration of
the Speaker, a panel of names in the order of priority. While inviting names from
Party or Group leaders, it is insisted that only names of those members be suggested
who are not already serving on other parliamentary or Government Committees. After
the members selected for nomination have furnished their written consent to serve on
the Committee, their names are published in the Bulletin and also communicated to
the Ministry concerned
856
. These Committees neither work under the direction of the
Speaker nor present their reports to the House or the Speaker.
855. Members of the Lok Sabha are, for instance, represented on bodies such as the Advisory Council
of the Delhi Development Authority; All India Council for Technical Education; All India Institute
of Medical Sciences; Central Silk Board; Court of the Aligarh MuslimUniversity; Haj Committee,
etc.
For the list of such Committees, see brochure Committees and other bodies on which Lok Sabha
is represented wholly or partially which is brought out every year by the Lok Sabha Secretariat.
856. See page 319 supra.
Even where a Government Committee is set up direct by the Government and
members from the House are proposed to be included therein, the Speaker is to be
consulted in the matter by the Minister concerned
857
. When the question of consultation
with Speaker by the government on the matters which involve nomination of members
of Lok Sabha on the Committees/Bodies set up by the Government was raised in the
House on 4.11.1965. The Speaker observed that such consultation was necessary as
it would avoid complications. In reply the Prime Minister had stated that he had more
or less no objection to such consultation but would finalise it after having a talk with
the Speaker. However, the same has not been finalized in the form of a formal
decision or convention to provide for consultation with the Speaker by the government
in such matters. Similarly, when the Government send delegations abroad and members
of the Lok Sabha are to be included in such a delegation, the Minister concerned
submits the names of members for the approval of the Speaker. The following are the
broad guidelines which are kept in view by the Government in nominating members
on Government Committees or delegations
858
.
(i) Appointments on Government Committees, commissions, etc. are made on
the basis of the aptitude, interest, past experience, etc. of members as
ascertained from the bio-data furnished by the members to the Lok Sabha/
Rajya Sabha Secretariat, their participation in and association with the
various parliamentary activities and the options given by the members for
nomination on Consultative Committees;
(ii) In order to give as wide a chance as possible to members, names of those
members who have not already been elected or nominated on other
parliamentary or Government Committees are preferred; and
(iii) Members serving on Financial Committees are not ordinarily nominated
on other Committees.
Before finalising nominations, the consent of the members to the assignments
is obtained by the Government.
Nominations on Parliamentary Delegations are, however, made by the Presiding
Officers of Parliament
859
.
E. PARLIAMENTARY FORUMS
Evolution and Constitution of Fora
Among the various matters of public importance the Parliament discusses, some
are of critical importance to the betterment and survival of the humanity and as such
required constant discussion and focus in all the public fora, especially in the Parliament.
Therefore, a proper appreciation of the relevant issues concerning these vital subjects
by the members of Parliament is a condition precedent to deal with these subjects in
an effective manner inside and outside the Parliament. In order to achieve this objective,
857. L.S. Deb., 4-11-1963, c. 291; 29-11-1955, cc. 4278-79.
858. Ibid., 14-8-1970, U.S.Q. No. 2811.
859. Ibid., 29-11-1965, cc. 4278-79.
the Honble Speaker Somnath Chatterjee conceived the idea of constituting a specific
Parliamentary Forum on each of the important subjects wherein the members of
Parliament could participate in informed discussions to gain deeper insights into
various aspects of the subject matter and took the first step in this direction on
12 August 2005 by constituting the Parliamentary Forum on Water Conservation and
Management. Prior to the constitution of the Forum, he also made an observation in
this regard in the Lok Sabha on 12 May 2005 about his decision to constitute the
Parliamentary Forum on Water Conservation & Management so that the members of
Parliament can discuss the critical issue of water in a structured manner and also to
raise the related issues more effectively on the floor of the House. Subsequently,
Parliamentary Fora on Children, Youth, Population & Public Health and Global
Warming and Climate Change were constituted. The broad aim and objectives of
these Fora are to equip the members of Parliament with information and knowledge
regarding issues and developments in the areas of Water Conservation & Management,
Children, Youth, Population & Public Health and Global Warming and Climate Change,
to make the members of Parliament aware of the seriousness of the situation and to
enable them to adopt a result-oriented approach towards these issues. The Parliamentary
Fora will not interfere with or encroach upon the jurisdiction of the concerned
Departmentally Related Standing Committees of the Ministry/Department concerned.
There are at present five Parliamentary Fora :
(i) Forum on Water Conservation & Management;
(ii) Forum on Youth; and its four Sub-Fora
(a) Sub-Forum on Sports and Youth Development;
(b) Sub-Forum on Health;
(c) Sub-Forum on Education; and
(d) Sub-Forum on Employment
(iii) Forum on Children;
(iv) Forum on Population and Public Health; and
(v) Forum on Global Warming and Climate Change.
Objectives of Constitution of Parliamentary Fora
The objectives behind the constitution of the above five Parliamentary Fora
are to :
a. provide a platform to the members of the Fora to have interaction with
Ministers concerned, Experts and key officials from the nodal Ministries
with a view to have a focused and meaningful discussion on critical issues
with a result-oriented approach for speeding up the implementation process;
b. sensitize the members about the key areas of concern and also about the
ground-level situation and equip them with latest information, knowledge,
technical know-how and valuable inputs from experts bothfrom the country
and abroad for enabling them to raise these issues effectively on the Floor
of the House and in the meetings of the DRSCs; and
c. prepare a data-base through collection of data on critical issues from
Ministries concerned, Internet, reliable NGOs, newspapers; and United
Nations etc. and circulation thereof to the members of the Fora so that they
can meaningfully participate in the discussions of the Fora and seek
clarifications from the experts or officials from the Ministry present in the
meetings.
Composition
The Speaker, Lok Sabha shall be the ex-officio President of the Parliamentary
Fora on (i) Water Conservation and Management; (ii) Youth; (iii) Children; and
(iv) Global Warming and Climate Change. In case of Parliamentary Forum on
Population and Public Health, Chairman, Rajya Sabha shall be the President and
Speaker, Lok Sabha shall be the Co-President of the Forum. Apart from President, the
Deputy Chairman, Rajya Sabha, Deputy Speaker, Lok Sabha, concerned Ministers
and Chairmen of the respective Departmentally Related Standing Committee shall be
ex-officio Vice-Presidents of the Forum.
It also provided in the Guidelines that the President of the Forum may appoint
a Member-Convener for conducting regular, approved Programmes/Meetings of the
Forum in consultation with the President.
The Guidelines of the Fora state that each Forum shall consist of not more than
31 members (excluding the President and ex-officio Vice-Presidents) out of whom not
more than 21 shall be from Lok Sabha and not more than 10 shall be from
Rajya Sabha members, other than the President and Vice-Presidents, shall be nominated
by the Speaker, Lok Sabha and the Chairman, Rajya Sabha, as the case may be, from
amongst the Leaders of Parties and Groups, or their nominees who have special
knowledge/keen interest in the subject.
Provided that the President may nominate additional Vice-Presidents/members
to the Forum.
Association of Experts
Experts in the field of water, youth, children, population and public health and
Global Warming and Climate Change may be associated as Special Invitees who may
share their views/present papers during the meetings/seminars of the Forum.
Term of Office
The term of the office of members of the Forum shall be co-terminus with their
membership in the respective Houses.
A member may also resign from the Forum by writing under his/her hand,
addressed to the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may
be.
Filling up of casual vacancies
A casual vacancy in the Forum shall be filled as soon as possible after it occurs
in the manner prescribed for membership.
Parliamentary Forum on Water Conservation
& Management
Parliamentary Forum on Water Conservation and Management was constituted
by the Speaker on 12 August 2005. He appointed Dr. Vallabhbhai Kathiria, member,
Lok Sabha as Member-Convener of the Forum on 15 May 2006 for conducting
regular, approved programmes/meetings of the Forum in consultation with the President.
Functions
The functions of the Parliamentary Forum on Water Conservation and
Management are to:
(a) Identify problems relating to water and make suggestions/recommendations
for consideration and appropriate action by the Government/organisations
concerned;
(b) Identify the ways of involving members of Parliament in conservation and
augmentation of water resources in their respective States/Constituencies;
(c) Organise seminars/workshops to create awareness for conservation and
efficient management of water; and
(d) Undertake such other related task as it may deem fit.
Parliamentary Forum on Youth
The Parliamentary Forum on Youth was constituted by the Speaker, Lok Sabha
in consultation with the Chairman, Rajya Sabha on 20 February 2006 and
Naveen J indal, member, Lok Sabha was appointed as Member-Convener of the Forum
on 15 May 2006 for conducting regular, approved programmes/meetings of the forum.
The Speaker also constituted four Sub-Fora of the Parliamentary Forum on
Youth on 22 March 2007 viz. (i) Sub-Forum on Sports and Youth Development;
(ii) Sub-Forum on Health; (iii) Sub-Forum on Education; and (iv) Sub-Forum on
Employment. Each Sub-Forum has its own Convener to convene the meeting.
Functions
The functions of the Parliamentary Forum on Youth are:
(a) To have focussed deliberations on strategies to leverage human capital
among the youth for accelerating development initiatives;
(b) To build greater awareness amongst public leaders and at the grass-roots
level on the potential of youth power for effecting socio-economic change;
(c) To interact on a regular basis with youth representatives and leaders, in
order to better appreciate their hopes, aspirations, concerns and problems;
(d) To consider ways for improving Parliaments out-reach to different sections
of youth, in order to reinforce their faith and commitment in democratic
institutions and encourage their active participation therein; and
(e) To hold consultations with experts, National and International Academicians
and concerned Government Agencies on redesigning of Public Policy in
the matter of youth empowerment.
Parliamentary Forum on Children
Consequent upon a note received from J airam Ramesh, member, Rajya Sabha
Speaker Lok Sabha, desired on 28 September 2005 to constitute a Parliamentary
Forum on Children. The Forum was constituted on 2 March 2006 by the Speaker in
consultation with the Chairman, Rajya Sabha.
The Speaker appointed Smt. Prema Cariappa, member, Rajya Sabha as Member-
Convener of the Forum on 15May 2006 for conducting regular, approved programmes/
meetings of the Forum in consultation with the President. After the retirement of Smt.
Cariappa from Rajya Sabha on 9

April 2008, Smt. J aya Bachchan, member,
Rajya Sabha has been appointed as Member-Convener of the Forum by the Speaker
on 28 April 2008.
Functions
The functions of the Forum are:
(a) To further enhance awareness and attention of Parliamentarians towards
critical issues affecting childrens well-being so that they may provide due
leadership to ensure their rightful place in the development process.
(b) To provide a platform to Parliamentarians to exchange ideas, views,
experiences, expertise practices in relation to children, in a structured
manner, through Workshops, Seminars, Orientation Programmes etc.
(c) To provide Parliamentarians an interface with civil society for highlighting
childrens issues including inter-alia, the Voluntary sector, Media and
corporate sector and thereby to foster effective strategic partnerships in
this regard.
(d) To enable Parliamentarians to interact, in an institutionalized manner, with
specialized UN Agencies like UNICEF and other comparable multilateral
Agencies on Expert Reports, Studies, News and Trend-analyses, etc., world-
wide, which are germane to developments in the sector.
(e) To undertake any other tasks, projects, assignments etc. as the forum may
deem fit.
Parliamentary Forum on Population and Public Health
Consequent upon a suggestion made by the Chairman, Rajya Sabha for setting
up of a Parliamentary Forum on Population and Public Health, the Speaker, Lok
Sabha in consultation with the Chairman, Rajya Sabha constituted Parliamentary
Forum on Population and Public Health on 26 J uly 2006 for building up the required
commitment and support of Parliamentarians to the subject of Population and Public
Health which is of utmost national importance. The the Chairman, Rajya Sabha is the
President and the Speaker, Lok Sabha is the Co-President of the Parliamentary Forum
on Population and Public Health. The Chairman, Rajya Sabha and President of the
Forum appointed Tarlochan Singh, member, Rajya Sabha as Member-Convener on 26
November 2007 for conducting regular approved programme/meetings of the Forum.
Functions
The functions of the Forum broadly are :
(a) To have focused deliberations on strategies relating to population
stabilization and matters connected therewith.
(b) To discuss and prepare strategies on issues concerning Public Health.
(c) To build greater awareness in all sections of the society particularly at the
grass-roots level regarding population control and Public Health.
(d) To hold comprehensive dialogue and discussion in the matter of Population
and Public Health with experts at the National & International levels and
to have interactions with the Multilateral Organizations like WHO, United
Nations Population Fund, Academicians and concerned Government
Agencies.
Parliamentary Forum on Global Warming and Climate Change
Consequent upon a letter received from Manvendra Singh, member,
Lok Sabha regarding setting up a Parliamentary Forum on Global Warming and
Climate Change, the Speaker, Lok Sabha in consultation with the the Chairman, Rajya
Sabha constituted Parliamentary Forum on Global Warming and Climate Change on
14 J uly 2008. The Speaker is the ex-officio President of the Forum. The Speaker
appointed N.K. Singh, member, Rajya Sabha as Member-Convener of the Forum on
4 September 2008 for conducting regular, approved programmes/meetings of the
Forum.
Functions
The functions of the Forum broadly are:
(a) To identify problems relating to Global Warming and Climate Change and
make suggestions/recommendations for consideration and appropriate action
by the Government/Organizations concerned to reduce the extent of Global
Warming;
(b) To identify the ways of involving members of Parliament to interact with
specialists of National and International Bodies working on Global Warming
and Climate Change with increased effort to develop new technologies to
mitigate Global Warming;
(c) To organise seminars/workshops to create awareness about the causes and
effects of Global Warming and Climate Change among the members of
Parliament;
(d) To identify the ways of involving members of Parliament to spread
awareness to prevent Global Warming and Climate Change; and
(e) To undertake such other related task as it may deem fit.
Provided that the Forum will not interfere with or encroach upon the jurisdiction
of the concerned Departmentally Related Standing Committee or of the concerned
Ministry or Department.
Distinction between Parliamentary Committees and Parliamentary Forums
Parliamentary Committees are distinct from Parliamentary Forums.
Parliamentary Committees have statutory sanction as they owe their origin, powers,
functions and privileges to the Constitution, the rules made thereunder, Acts of
Parliament or Motions/Resolutions adopted by the House. The composition of the
Parliamentary Committees which scrutinize the functioning of the Government consists
of members of Parliament only and Rules do not permit appointment of Ministers as
members of such Committees. Parliamentary Committees examine subjects within
their mandate and present reports to the Houses. They also follow up with the
Government the implementation of the recommendations contained in their reports
and thereafter present action taken reports to the House. The Parliamentary Committees
have been vested with the powers to call for records and persons in connection with
the examination of the subjects and to report to the House any breach of privilege for
investigation and suitable action. On the other hand, Parliamentary Forums are an
informal mechanism consisting of members of Parliament and Ministers for interaction
on critical issues of current importance to enable the members to acquaint themselves
with such issues so that they may participate effectively in deliberations and discussions
on the floor of the House in evolving suitable strategies and policies to deal with the
problems at hand. The constitution of Forums do not have any statutory sanction nor
they have been vested with powers, privileges conferred on the Parliamentary
Committees. The Forums do not present any report to the House(s). Therefore, while
appreciating the role and importance of the Parliamentary Forums, care should be
taken not to equate or confuse Parliamentary Forums with Parliamentary Committees
in terms of their status, powers, privileges, etc.

Chapter-XXX Parliamentary Committees India

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