Friday, 9 March 2012

polity



WHY PARLIAMENTARY COMMITTEES ?

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

When a Bill comes up before a House for general discussion,it is open to that House to refer it to a Select Committee of the House or a Joint Committee of the two Houses. A motion has to be moved and adopted to this effect in the House in which the Bill comes up for consideration.


Broadly, Parliamentary Committees are of two kinds - Standing Committees and ad hoc Committees. The former are elected or appointed every year or periodically and their work goes on, more or less, on a continuous basis. The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as they complete the task assigned to them.



Standing Committees:
Among the Standing Committees,the three Financial Committees –
1. Committees on Estimates,
2. Public Accounts
3. Public Undertaking

 - They constitute a distinct group as they keep an unremitting vigil over Government expenditure and performance.

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

The Estimates Committee reports on 'what economies, improvements in organisation, efficiency or administrative reform consistent with policy underlying the estimates' may be effected. It also examines whether the money is well laid out within limits of the policy implied in the estimates and suggests the form in which estimates shall be presented to Parliament.




The Public Accounts Committee scrutinises appropriation and finance accounts of Government and reports of the Comptroller and Auditor-General. It ensures that public money is spent in accordance with Parliament's decision and calls attention to cases of waste, extravagance, loss or nugatory expenditure.


The Committee on Public Undertakingsexamines reports of the Comptroller and Auditor-General, if any. It also examines whether public undertakings are being run efficiently and managed in accordance with sound business principles and prudent commercial practices.




Other than these we have about 24 standing committees to the date…!



Understanding the Standing Committee !


When was this concept of Standing Committee actually came up in Indian Parliament ?
Rules Committee of the Lok Sabharecommended setting-up of 17 Department Related Standing Committees (DRSCs). Accordingly, 17 Department Related Standing Committees were set up on 8 April 1993.
In July 2004, rules were amended to provide for the constitution of seven more such committees, thus raising the number of DRSCs from 17 to 24.
Main objective of a standing committee ?
To secure more accountablility of the executive of the Parliament ,particular financial accountability.
How many members are their in Standing Committee ? How are they elected ?
Each standing committee consists of 31 members …consisting of 21 LokSabha Members and 10 Rajya Sabha Members. Members frm LS are elected by the LS Speaker and members frm the RS are elected by the RS Chairman.
Is a minister eligible to be a part of Standing Committee ?
No…a member if in future appointed a minister; his membership in d committee ceases .
Term of Office of a Standing Committee ?
One year from the date of Constitution
What are the limitations imposed on a Standing Committee ?
·         They shud nt consider the matters of day to day affairs of the concerned department/ministries.
·         They shud nt generally consider the matters which are considered by the other parliamentary committee.
What are the merits of a standing committee ?
·        No party bias
·        Procedure more flexible than LS
·        Parliamentary control over the executive more effectively
·      Ensures economy and efficiency in public expenditure.
Recommendations of a standing committee are advisory and not binding on the Parliament ....true or false ?
True
What are the functions of a Standing Committee ?
The functions of these Committees are:

·         to consider the Demands for Grants of various Ministries/Departments of Government of India and make reports to the Houses;
·         to examine such Bills as are referred to the Committee by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be, and make reports thereon;
·         to consider Annual Reports of ministries/departments and make reports thereon; and to consider 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.

Other Standing Committees in each House, divided in terms of their functions, are
i.                Committees to Inquire:
a.             Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and
    1. Committee of Privileges examines any question of privilege referred to it by the House or Speaker/Chairman;

ii.                Committees to Scrutinise:
 .              Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc., given by Ministers in the House and pursues them till they are implemented;
a.             Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the Constitution or Statutes is being properly exercised by the delegated authorities; and
b.             Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions of the Constitution, Act, rule or regulation under which the paper has been laid;
iii.                Committees relating to the day-today business of the House:
 .              Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses;
a.             Committee on Private Members’ Bills and Resolutions of the Lok Sabha classifies and allocates time to Bills introduced by private members, recommends allocation of time for discussion on private members’ resolutions and examines Constitution amendment bills before their introduction by private members in the Lok Sabha. The Rajya Sabha does not have such a committee. It is the Business Advisory Committee of that House which recommends allocation of time for discussion on stage or stages of private members’ bills and resolutions;
b.             Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules; and
c.             Committee on Absence of Members from the Sittings of the House of the Lok Sabha considers all applications from members for leave or absence from sittings of the House. There is no such Committee in the Rajya Sabha. Applications from members for leave or absence are considered by the House itself;
iv.                Committee on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from both Houses serve, considers all matters relating to the welfare of Scheduled Castes and Scheduled Tribes which come within the purview of the Union Government and keeps a watch whether constitutional safeguards in respect of these classes are properly implemented;
v.                Committees concerned with the provision of facilities to members:
 .              General Purposes Committee considers and advises Speaker/Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee; and
    1. House Committee deals with residential accommodation and other amenities for members;

                       vi.                Joint Committee on Salaries and Allowances of Members of Parliament,constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances and pension to Members of Parliament, also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facility;
  1. Joint Committee on Offices of Profit examines the composition and character of committees and other bodies appointed by the Central and State governments and Union Territories Administrations and recommends what offices ought to or ought not to disqualify a person from being chosen as a member of either House of Parliament;

  1. The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament;

  1. On 29 April 1997, a Committee on Empowerment of Women with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields;


x.                On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.


Current Chairman Names !

S.No.
Committee Name
Chairman Name
1
Business Advisory Committee
Chairman, Rajya Sabha
2
Committee of Privileges
Shri K. Rahman Khan
3
Committee on Ethics
Dr. Karan Singh
4
Committee on Government Assurances
Shri Pyarimohan Mohapatra
5
Committee on MPLADS
Shri K. Rahman Khan
6
Committee on paperlaid on the table
Shri Tariq Anwar
7
Committee on Petitions
Shri Bhagat Singh Koshyari
8
Committee on Provision of Computer Equipment to Members of Rajya Sabha
Shri K. Rahman Khan
9
Committee on Rules
Chairman, Rajya Sabha
10
Committee on Subordinate Lesiglation
Shri Kalraj Mishra
11
General Purposes Committee
Chairman, Rajya Sabha
12
House Committee
Shri Bhubaneshwar Kalita

Department Related Parliamentary Standing Committees (RS)
S.No.
Committee Name
Chairman Name
1
Committee on Commerce
Shri Shanta Kumar
2
Committee on Health and Family Welfare
Shri Brajesh Pathak
3
Committee on Home Affairs
Shri M. Venkaiah Naidu
4
Committee on Human Resource Development
Shri Oscar Fernandes
5
Committee on Industry
Shri Tiruchi Siva
6
Committee on Personnel, Public Grievances, Law and Justice
Abhishek Manu Singhvi
7
Committee on Science & Technology, Environment & Forests
Dr. T. Subbarami Reddy
8
Committee on Transport, Tourism and Culture
Shri Sitaram Yechury

Department Related Parliamentary Standing Committees (LS)
S.No.
Committee Name
Chairman Name
1
Committe on Information Technology
Shri Rao Inderjit Singh
2
Committee on Agriculture
Shri Basudeb Acharia
3
Committee on Chemicals and Fertilizers
Shri Gopinath Munde
4
Committee on Coal and Steel
Shri Kalyan Banerjee
5
Committee on Defence
Shri Satpal Maharaj
6
Committee on Energy
Shri Mulayam Singh Yadav
7
Committee on External Affairs
Shri Ananth Kumar
8
Committee on Finance
Shri Yashwant Sinha
9
Committee on Food, Consumer Affairs and Public Distribution
Shri Vilas Baburao Muttemwar
10
Committee on Labour
Shri Hemanand Biswal
11
Committee on Petroleum and Natural Gas
Shri V. Aruna Kumar
12
Committee on Railways
Shri T.R. Baalu
13
Committee on Rural Development
Smt. Sumitra Mahajen
14
Committee on Social Justice and Empowerment
Shri Dara Singh Chauhan
15
Committee on Urban Development
Shri Sharad Yadav
16
Committee on Water Resources
Shri Dip Gogoi

Joint Committees
S.No.
Committee Name
Chairman Name
1
Committe on Empowerment of Women
Smt. Chandresh Kumari
2
Committee on Food Management in Parliament House Complex
Prof. Ranjan Prasad Yadav
3
Committee on Public Accounts
Dr. Murli Manohar Joshi
4
Committee on Public Undertakings
Shri V. Kishore Chandra S. Deo
5
Committee on Welfare of Scheduled Castes & Scheduled Tribes
Shri Gobinda Chandra Naskar
6
Joint Committee on Members Salary & Allowances
Dr. Charan Das Mahant
7
Joint Parliamentary Committee on Installation of Portraits/Statues of National Leaders and Parliamen
Smt. Meira Kumar
8
Library Committee
Shri Kariya Munda
Adhoc Committees
S.No.
Committee Name
Chairman Name
1
Joint Parliamentary Committee on Wakf
----------
2
Select Committee on the Commercial Division of High Courts Bill, 2009
----------
3
Select Committee to the Wakf (Amendment) Bill, 2010
Prof. Saifuddin Soz


·         the parliamentary standing committee on personnel and public grievances had a played a major role in bringing about reforms in UPSC !





 ARTICLE OF THE DAY/ polity--
Article 356 


Article 356 allows the president to dismiss a state government on the advice of the governor of concerned state or on his own if he is satisfied that the administration government of the state cannot be carried out according to the provisions of the constitution. Once the elected government is dismissed the President of India shall be the head of the state executive. As in practice, the President acts according to the advice of Council of Ministers at the Centre, the administration of the state is performed according to the policies of ruling party at the Centre.

 Criticism

Article 356 gave wide powers to central government to assert its authority over a state if civil unrest occurred and the state government didn't have the means to end the unrest. This is one of the articles that gave Indian constitution some amount of unitary character. Though the purpose of this article is to give more powers to central government to preserve the unity and integrity of the nation, it was often misused by the ruling parties at the Centre. It has been used as a pretext to dissolve state governments ruled by political opponents. Thus, it is seen by many as a threat to the state system. Since the adoption of Indian constitution in 1950, the central government has used this article more than a 100 times to dissolve elected state governments and impose President's rule.

The article was used for the first time during Vimochana samaram to dismiss the democratically elected Communist state government of Kerala on July 31, 1959. In 1970s and 1980s it has almost became common practice for the Central government to dismiss the state governments under opposition parties. The Indira Gandhi regime and post-emergency Janata Party were noted for this practice. It is only after the landmark case of S. R. Bommai v. Union of India did the misuse of Article 356 was curtailed. In this case, Supreme Court of India gave strict guideline for imposing President's rule.

Article 356 has always been the focal point of a wider debate of the federal structure of government in Indian polity. Sarkaria Commission on Centre-State relations has recommended that Article 356 must be used "very sparingly, in extreme cases, as a measure of last resort, when all the other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state."



1 comment:

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