Indian polity – Class 14
Topics Covered:
When Bill Lapse?
Exclusive Powers of the Lok Sabha and Rajya Sabha?
Parliamentary Committees
Ganesh Kumar.M
When does a Bill Lapse?
- A Bill that originates in the Lok Sabha and remains pending
in the Lok Sabha itself is considered lapsed with the dissolution of
the Lok Sabha.
- A Bill that originates and is passed by the Rajya Sabha, but is
pending in the Lok Sabha also lapses with the dissolution of the Lok
Sabha.
- Bills that originate and are passed in the Lok Sabha but are
pending in the Rajya Sabha are also considered lapses with the
dissolution of the Lok Sabha .
- Bill that originates and is passed in the Rajya Sabha but is
returned with amendments to the Rajya Sabha by the Lok Sabha
and then does not get the clearance of the Rajya Sabha is considered
to have lapsed on the date of dissolution of the Lok Sabha .
When does a Bill not lapse?
There are instances when certain Bills, despite the dissolution of the
Lower House, are not considered to have lapsed.
- A Bill that is originate and pending in the Rajya Sabha itself.
- Bills that have cleared both the Houses but are pending
assent from the President.
- If the president has notified the holding of a joint sitting
before the dissolution of Lok Sabha.
- Pending bills and all pending assurances that are to be
examined by the Committee on Government Assurances.
Powers exclusive to the Lok Sabha:
The constitution treats the house equally, except in certain financial
matters which are to be sole purview of the Lok Sabha.
- The council of ministers is responsible to the house of the
People Article 75(3).
- A money bill shall be introduced only in the Lok Sabha.
- The Rajya Sabha has no power to reject or amend a money
bill.
- Speaker of the house has got the sole and final power
deciding a bill is a money bill.
- Rajya Sabha has numerical minority in case a Joint sitting
summoned by the president.
Exclusive power of the Rajya Sabha:
The Rajya Sabha has been given four exclusive or special powers
that are not enjoyed by the Lok Sabha:
1.It can authorise the Parliament to make a law on a subject
enumerated in the State List (Article 249).
2.It can authorise the Parliament to create new All-India
Services common to both the Centre and states (Article 312).
3.A resolution for the removal of the vice-president can be
introduced only in the Rajya Sabha.(Article 67).
4.If a proclamation is issued by the President for imposing
national emergency or president’s rule or financial emergency at a
time when the Lok Sabha has been dissolved or the dissolution of
the Lok Sabha takes place within the period allowed for its approval,
then the proclamation can remain effective even if it is approved by
the Rajya Sabha alone (Articles 352, 356 and 360)
Equal Status with Lok Sabha:
In the following matters, the powers and status of the Rajya Sabha
are equal to that of the Lok Sabha:
1.Introduction and passage of ordinary bills.
2.Introduction and passage of Constitutional amendment bills.
3.Election and impeachment of the president.
4.Election and removal of the Vice-President.
5.Making recommendation to the President for the removal of
Chief Justice and judges of Supreme Court and high courts, chief
election commissioner and comptroller and auditor general.
7.Approval of ordinances issued by the President.
8.Approval of proclamation of all three types of emergencies by
the President.
9.Selection of ministers including the Prime Minister. Under
the Constitution, the ministers including the Prime Minister can be
members of either House.
10.Consideration of the reports of the constitutional bodies like
Finance Commission, Union Public Service Commission, comptroller
and auditor general, etc.
11.Enlargement of the jurisdiction of the Supreme Court and
the Union Public Service Commission.
PARLIAMENTARY COMMITTEES
In a parliamentary system, the more visible part of its work take
place on the floor of the house by means of different session like
Budget, Monsoon and winter session. However, Parliament has
another forum through which a considerable amount of its work gets
done. They are known as Parliamentary committees
- Committees are basically an organizational device for
increasing the output of an agency.
- Its essential function is getting more specialized and larger
volume of work performed by any existing organization.
Need for a committee:
- To adequately scrutinize legislative proposals and oversee
administrative action.
- To manage enormous range and complexity of Legislation and
administrative function of modern state.
- The committees go for comprehensive examination of
technical and other matters, result in saving the time of the house
for discussion of important matters.
- The matter dealt by committee ensure non- partisan
atmosphere and give representation to even small parties to share
their views.
- It acts as a valuable training ground for future ministers and
presiding officers.
NATURE OF PARLIAMENT COMMITTEE
The constitution of India doesn’t make any specific provision in regard
to parliamentary committees, but these are mentioned in several
articles. It is framers of the constitution gave power to the house to make
provisions for them under their rules of procedure.
A Parliamentary committee may be defined as one that
a) is appointed or elected by the house or nominated by the
Speaker/Chairman.
b) works under the direction of the Speaker/Chairman
c) has a secretariat provided by the Lok Sabha/ Rajya Sabha
Secretariat.
TYPES OF COMMITTEES
There are two types of Parliamentary committees in India, Viz
1) Standing committee
2) Ad- hoc committee
Standing committee:
Elected by Speaker/Chairman every year or from time to time,
Permanent in nature.
Ad-Hoc committee:
Constituted by the Speaker/ Chairman to consider and report
a specific matter, not permanent.
STANDING COMMITTEES
I) FINANCIAL COMMITTEES:
- Role- the watch dog of the Parliament in financial matters.
- They are unique- accountability of the administration to the
parliament is not direct and exercised through ministers in the
committees.
Nature:
- All the 3 financial committees
- Estimate committee,
- Public Accounts Committee,
- Committee on Public Undertakings are elected by the
house for 1 year.
- Ministers can neither become members of these
committees, nor can they be asked to appear before them for the
purpose of giving evidence.
- Their chairmen are nominated by the Speaker.
- The recommendation of the committees has neither the
power to direct the Government nor do they have binding force
(only recommendatory).
1. ESTIMATE COMMITTEE:
- The origin of this committee can be traced to the standing
financial committee set up in 1921. The first Estimates
Committee in the post-independence era was constituted in 1950.
- Originally - 25 members but in 1956 its membership was
raised to 30.
- All the thirty members (30) are from Lok Sabha only. The
Rajya Sabha has no representation in this committee.
- The committee acts as the “Continues economy committee”
and its criticism and suggestion act as a deterrent.
- It is act as an ex-ante analysis.
How members Elected?
* These members are elected by the Lok Sabha every year
from amongst its own members, according to the principles of
proportional representation by means of a single transferable
vote. Thus, all parties get due representation in it.
* A minister cannot be elected as a member of the committee.
Term:
* The term of office is one year.
* The chairman of the committee is appointed by the Speaker
from amongst its members and he is invariably from the ruling
party.
Function:
The function of the committee is to examine the estimates
included in the budget and suggest ‘economies’ in public
expenditure.
1. To report what economies, improvements in organisations,
efficiency and administrative reform consistent with the policy
underlying the estimates, can be affected.
2. To suggest alternative policies in order to bring about efficiency
and economy in administration.
3. To examine whether the money is well laid out within the limits of
the policy implied in the estimates.
4. To suggest the form in which the estimates are to be presented
to Parliament.
2) PUBLIC ACCOUNTS COMMITTEE:
* This committee was set up first in 1921 under the provisions of the
Government of India Act of 1919 and has since been in existence.
(Oldest Committee).
Members:
* At present, it consists of 22 members (15 from the Lok Sabha and
7 from the Rajya Sabha).
* The members are elected by the Parliament every year from
amongst its members according to the principle of proportional
representation by means of the single transferable vote. Thus,
all parties get due representation in it.
* As a practice since 1967, a member of opposition is being
appointed as the chairman of the committee.
Term:
* The term of office of the members is one year.
* A minister cannot be elected as a member of the committee.
* The chairman of the committee is appointed from amongst its
members by the Speaker.
Function:
* To examine the annual audit reports of the Comptroller and
Auditor General of India (CAG), which are laid before the Parliament by
the President.
* It is considered to be “Twin sisters” of the Estimate committee.
While the estimate committee deals with estimation of Public
expenditure, While PAC examines the appropriation of the sums
granted by the house.
* The committee not only examine technical irregularities but
also from the point of view of economy, prudence, wisdom and
propriety to bring out the cases of waste, loss, corruption,
extravagance or operational deficiency.
Limitation:
* It is not concerned with the question of policy.
* Its findings are Ex-post facto.
3. COMMITTEE ON PUBLIC UNDERTAKINGS
* This committee was created in 1964 on the recommendation of the
Krishna Menon Committee.
* It consists of 22 members (15 elected from Lok Sabha and 7 from
Rajya Sabha).
* The Chairman of the committee is appointed by the speaker from
among the members of the committee drawn from the Lok Sabha
only.
Functions:
1.To examine the reports and accounts of public undertakings
2. To examine the reports of the CAG on public undertakings.
3.To examine (in the context of 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.
II) DEPARTMENTAL COMMITTEES:
* Each Department/ ministry have a Department related standing
committee.
* The main objective of the Department related standing committees
is to secure more accountability of the Executive (i.e., the Council of
Ministers) to the Parliament, particularly financial accountability.
* At present there are 24 standing committees cover under their
jurisdiction all the ministries / departments of the Central
Government.
* Out of the 24 standing committees, 8 work under the Rajya
Sabha and 16 under the Lok Sabha.
Members:
* A minister is not eligible to be nominated as a member of any of
the standing committees.
* Each standing committee consists of 31 members (21 from Lok
Sabha and 10 from Rajya Sabha).
* The members of the Lok Sabha are nominated by the Speaker
from amongst its own members, just as the members of the Rajya
Sabha are nominated by the Chairman from amongst its members.
Term:
* The term of office of each standing committee is one year from the
date of its constitution
Function
1.To consider the demands for grants of the concerned ministries /
departments before they are discussed and voted in the Lok Sabha.
2. The report shall not suggest anything of the nature of cut motions.
3. To examine bills pertaining to the concerned ministries/departments.
4.To consider annual reports of ministries/departments.
5.To consider national basic long-term policy documents presented to
the Houses.
Note: They should not consider the matters of day-to-day administration
of the concerned ministries / departments.
JOINT PARLIAMENT COMMITTEE:
* It is an Ad- hoc body.
* It is set up for a specific object and duration.
* JPC are set up by a motion passed in one house of the
parliament and agreed to by the other.
* The detail regarding membership and subjects are also
decided by the Parliament.
* The members of JPC always in 2:1 ratio.
E.g. Joint Committee on the Personal Data Protection Bill, 2019
Joint Committee on the Biological Diversity (Amendment) Bill,
2021
