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. TheseCommittees are appointed to deal with specific items of business requiring expert ordetailed consideration. The system of Parliamentary Committees is particularly usefulin dealing with matters which, on account of their special or technical nature, arebetter considered in detail by a small number of members rather than by the Houseitself. Moreover, the system saves the time of the House for the discussion of importantmatters and prevents Parliament from getting lost in details and thereby losing holdon matters of policy and broad principles.

The Committee system in India can be traced back to the advent of theMontague-Chelmsford Reforms, but the Committees of those days, like theCentral Legislative Assembly itself, were not free from governmental controland interference. They had no powers and privileges; they were not themasters of their own procedure; and they could not even frame rules for theirinternal working.

Standing Orders of the Central Legislative Assembly provided for threeCommittees, namely, Committee on Petitions relating to Bills1, SelectCommittee on Amendments of Standing Orders2, and Select Committee onBills3. Of these, the Committee on Petitions relating to Bills could be calleda Standing Committee of the Assembly. The Indian Legislative Rules, inaddition, provided for the constitution of two Committees, viz., a JointCommittee on a Bill4, and the Committee on Public Accounts5.

In fact, the Committee on Public Accounts of the Central LegislativeAssembly could hardly be termed as a Parliamentary Committee as it did notfunction under the control of the House or the Speaker. The Committee waspresided over by the Finance Member and its secretarial functions weredischarged by the Department of Finance6.

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 Joint Committee of both theHouses and on the other House having concurred in, each House appointed an equal number ofmembers from amongst its members to serve on the Joint 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 bothHouses of the Central Legislature also served on the Standing AdvisoryCommittees attached to various Departments of the Government of India. Allthese Committees were purely advisory in character and functioned underthe control of the Government, and the Minister in-charge of the concernedDepartment acted as the Chairman of the Committee.

After the Constitution came into force, the position of the Central Legislaturechanged altogether and the Committee system too underwent transformation. Notonly did the number of Committees increase but their functions and powers were alsoenlarged.

A Parliamentary Committee is appointed or elected by the House or nominatedby the Speaker7; it works under the direction of the Speaker and presents its reportto the House or to the Speaker, and the secretarial work for it is done by the Secretariat8.The question whether a Committee which does not satisfy all these conditions is aParliamentary Committee or not is referred to the Speaker whose decision is final9.

7. Thus, a Parliamentary Committee may be constituted either under the provisions of the Rules orin pursuance of an Act of Parliament [e.g. the Joint Committee on Salaries and Allowances ofMembers of Parliament, Joint Committee on Judges (Inquiry) Rules], or a motion or resolutionadopted by the House [e.g. the Committee on Bretton Woods Conference, 1946; the Committeeon the Conduct of a Member (Mudgal Case, 1951); the Committee on the Conduct of certainmembers during President’s Address (1963); Joint Committee on Salary, Allowances and OtherAmenities to Members of Parliament (1968); the Committee on the Welfare of Scheduled Castesand Scheduled Tribes (1968); the Committee on the Conduct of a Member during President’sAddress (1971); Joint Committee on Amendments to Election Law (1971); Joint Committee of theHouses to examine the question of the working of Dowry Prohibition Act, 1961 (1980); JointCommittee to enquire into Bofors Contract (1987); Select Committee on the Constitution (Seventy-first Amendment) Bill, 1990; Joint Committee on Pre-Natal Diagnostic Technique (Regulation andPrevention of Misuse) Bill, 1991; Joint Committee on the Constitution (Seventy-second Amendment)Bill, 1991; Joint Committee on the Constitution (Seventy-third Amendment) Bill, 1991; JointCommittee on Copyright (Second Amendment) Bill, 1992; Joint Committee to Enquire intoIrregularities in Securities and Banking Transactions (1992); Joint Committee on the Constitution(Eightieth Amendment) Bill, 1993; the Representation of People (Amendment) Bill, 1993; SelectCommittee on the Transplantation of Human Organs Bill, 1993; Select Committee on theConstitution (Scheduled Tribes) Order (Amendment) Bill, 1996; and Joint Committee on theConstitution (Eighty-first Amendment) Bill, 1996]; or under the inherent powers of the Speaker.Examples of the last category are: General Purposes Committee; House Committee; InscriptionsCommittee; Committee to Fix Hindi Equivalents; Committee to examine the Working of CateringEstablishments in Parliament House (1973); Study Committee on Sports (1976); Committee onthe Use of Language (1978); and Committee of Members of Parliament to bring about reconciliationbetween 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 constitutedwith the Speaker as its Chairman to examine the demand for Punjabi Suba to assist a CabinetCommittee in arriving at a satisfactory settlement of the question. When a question was raised inthe House whether report of the ad hoc Committee would be submitted to the Government or tothe House, the Speaker observed:

The report of a Committee of members of Parliament of which the Speaker is the Chairmanis presented to Parliament and not to the Government—L.S. Deb., 1-3-1986, c. 3072.

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Committees of the Lok Sabha

The Lok Sabha possesses an organised system of Committees10. Appointment,term of office, functions and main lines of procedure for conducting business of theCommittees are regulated under the provisions of the Rules and the Directions by theSpeaker11 issued under those Rules. There are three sets of rules relating toParliamentary Committees: ‘General Rules’12, which are applicable to all theCommittees; ‘Specific Rules’13, which make special provisions for particularCommittees; and ‘Internal Rules’14, which regulate the internal procedure of eachParliamentary Committee. ‘Internal Rules’ are made by the Committees themselveswith the approval of the Speaker and are in the nature of detailed working procedureand are framed in conformity with the provisions of the “Rules” and “Directions”.

Broad Classification: Committees of the Lok Sabha may be broadly classifiedinto:

Standing Committees and ad hoc Committees.

The Standing Committees in terms of their functions can further be dividedunder five broad headings15:

Committees to inquire (e.g. Committee on Petitions and Committee onPrivileges);

Committees to scrutinize (e.g. Committee on Government Assurancesand 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, BusinessAdvisory 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 theGovernment (e.g. Committee on Estimates, Committee on Public Accountsand Committee on Public Undertakings).

These Committees have been constituted in terms of the Rules, and arereconstituted annually or at other interval, as the case may be, depending upon thetenure 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 ‘Committeesin the Indian Lok Sabha’ in J.D. Lees and Malcolm Shaw, Committees in Legislatures, DukeUniversity 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.

772 Practice and Procedure of Parliament

In addition to these, there are other Standing Committees, viz. the Joint Committeeon Salaries and Allowances of Members of Parliament which has been constitutedunder the Salaries and Allowances of Members of Parliament Act, 195416; the JointCommittee on Offices of Profit, which is constituted on a motion adopted by theLok Sabha and concurred in by the Rajya Sabha at the beginning of each Lok Sabha17;the Committee on the Welfare of the Scheduled Castes and the Scheduled Tribes18;twenty four Departmentally Related Standing Committees19–and Committee onEmpowerment 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. Firstthere are the ad hoc Committees which are constituted, from time to time, either bythe Lok Sabha on a motion adopted in that behalf, or by the Speaker, to inquire intoand 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 thePresident’s Address (1963)21; Railway Convention Committees; Joint Committee onSalary, Allowances and other Amenities to Members of Parliament (1968)22; Committeeon the Welfare of Scheduled Castes and Scheduled Tribes (1968)23; Committee on theconduct of a member during President’s Address (1971)24; Joint Committee onAmendments to Election Law (1971)25; Joint Committee of the Houses to examinethe question of the working of the Dowry Prohibition Act, 1961 (1980)26; JointCommittee to enquire into Bofors Contract (1987)27; Committee on Inscriptions in

16. The Joint Committee on Salaries and Allowances of Members of Parliament was appointed for thefirst time on 6 September 1954 in pursuance of section 9(1) of the Salaries and Allowances ofMembers 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 February1963—L.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 concurredin by the Rajya Sabha on 10 May 1968—R.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 concurrredin by the Rajya Sabha on 25 November 1968—L.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 April1971—L.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 June 1971, and concurredin by the Rajya Sabha on 25 June 1971—L.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, andconcurred in by the Rajya Sabha on 24 December, 1980—L.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 concurredin by the Rajya Sabha on 12 August 1987—L.S. Deb., 6-8-1987, cc. 484-569; R.S. Deb.,12-8-1987, cc. 287-401.

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Parliament House28; Committee to Fix Hindi Equivalents for Parliamentary, Legaland Administrative Terms-29; Committees on Draft Five Year Plan30; Committee toexamine 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 Nirankarisand Akalis (1983)34; Joint Committee to enquire into irregularities in securities andbanking transactions35; Joint Committee to suggest facilities and remuneration forMembers of Parliament36; Joint Committee on catering in Parliament Complex;Committee on Installation of Portraits/Statues of National Leaders in ParliamentComplex; Committee on Provision of Computers to Members of Parliament, etc.; andCommittee on Members of Parliament Local Area Development Scheme (Lok Sabha)to monitor and review periodically the performance and problems in implementingthe MPLAD Scheme while considering complaints received from the members of theLok Sabha in regard to the scheme.37 JPC to examine the constitutional and legalposition relating to Office of Profit (2006),38 and Committee to Enquire into misconductof MPs of Lok Sabha (2007)39.

The second category of ad hoc Committees comprises of those which are setup to advise the House. Under this category fall the Select or Joint Committees onBills which are appointed on a motion made in the House to consider and report ona 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 theBusiness Advisory Committee (1LS) and members of the Rajya Sabha were associated with thoseCommittees on a motion adopted by the Lok Sabha on 11 May 1956 and concurred in by theRajya 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 announcementmade by the Speaker in the House on 6 September 1960—L.S. Deb., 6-9-1960. cc. 7381-82. Onrequest made by the Minister of Planning, the Speaker agreed to the formation of Committees forconsidering the Draft Fourth Five Year Plan—Bn. (II), 15-9-1966. Similarly, in December 1973,five Committees were formed to consider the Draft Fifth Five Year Plan—Bn. (II), 17-12-1973.

31. Appointed by the Speaker, Lok Sabha, on 7 September 1973 on the recommendation of theGeneral 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 1978—L.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 Sabha—L.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 concurredin 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 concurredin by the Rajya Sabha on 18 August 2006.

39. Constituted by the Speaker, Lok Sabha on 16 May 2007 after consultation with Leaders ofdifferent parties on the previous day.

774 Practice and Procedure of Parliament

inasmuch as they are concerned with Bills and the procedure to be followed by themis laid down in the Rules and Directions by the Speaker.

However, the normal procedure of appointing a Joint Committee on a Bill onthe basis of separate motion moved and adopted in the House was not followed in thecase of the Joint Committee on Constitution (Eighty-first) Amendment Bill, 199640.During the discussion stage itself on the motion for consideration on 13 September 1996of the said Bill, it was decided by the House to refer the Bill to a Joint Committeeby authorising the Speaker to constitute the Joint Committee in consultation with theChairman, Rajya Sabha. As required under the Rules, no separate motion for referenceof the Bill to a Joint Committee was moved in the House.

Constitution of a Joint Committee

A Joint Committee, composed of members of both the Houses, is constitutedeither on a motion adopted by one House and concurred in by the other, or bycommunication between the Presiding Officers of the two Houses41, or under theRules”42 Such a Committee can be constituted only when there is an agreementbetween the two Houses. In case there is no such agreement, a Joint Committeecannot be constituted.

The Committees of Public Accounts and Public Undertakings are not JointCommittees. They are primarily Committees of the Lok Sabha. The Committees areformed on a motion adopted by the Lok Sabha and members of the Rajya Sabha arenominated to these Committees in response to an independent motion requesting forthe association of the members of the Rajya Sabha with the Committees, adopted bythe Lok Sabha and concurred in by the Rajya Sabha. Even if the Rajya Sabha doesnot concur in the motion or the members of the Rajya Sabha do not associate withCommittees, the Committees continue to function. In case the members of the RajyaSabha associate with the Committees, they have equal right with the members of theLok Sabha to vote and take part in the proceedings of the Committees43.

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 consultationwith the Chairman, Rajya Sabha, to consider matters connected with the disqualification ofmembers under art. 102(l)(a). Similarly, the Speaker constituted, in 1956, Committees on Inscriptionsin Parliament House and to Fix Hindi Equivalents for Parliamentary, Legal and AdministrativeTerms; in 1964, Committees on Construction of Additional Parliamentary Building and Portraitsand 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 chargedappropriations, are approved by the entire Committee. So far, no voting has taken place at anysitting 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 willnot participate in such voting.

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Appointment of Members to Committees

Members are appointed or elected to a Parliamentary Committee by the Houseon a motion made and adopted, or nominated by the Speaker44.

Committees Appointed on a Motion Adopted by the House

Select or Joint Committees on Bills are the Committees which are appointed onmotions adopted by the House. The motion for reference of a Bill to a Select Committeesets forth the names of members proposed to be appointed to the Committee. Onlymembers 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 membersof 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 in chargeof the Bill is appointed a member of the Committee while in the case of a privatemember’s Bill, the member in-charge of the Bill and the Minister to whose Ministrythe subject matter of the Bill pertains, are appointed members of the Select Committee.

Similarly, members to a Joint Committee on a Bill are appointed on a motionadopted by the House and concurred in by the other House.

Apart from the Select or Joint Committee on a Bill, members may also beappointed to an ad hoc Committee on a motion adopted in that behalf. Such a motionsets forth the names of members proposed to be appointed to the Committee, thequorum necessary to constitute its sittings, and other instructions to the Committee45.

Committees Elected by the House

Members of the Committees on Public Accounts, Estimates, Public Undertakingsand Welfare of Scheduled Castes and Scheduled Tribes are elected every year by themembers of the Lok Sabha. For this purpose, motions must be moved in and adoptedby the House. The motions indicate the manner of elections, that is according to theprinciple of proportional representation by means of single transferable vote46, exercisedby members of the House present and voting. No postal ballot is permissible forelection to the Committees.

The motion for election to any of these Committees also specifies the numberof members proposed to be elected, and is moved before the expiry of the term ofthe outgoing Committee by its Chairman. However, at the commencement of a newLok Sabha after the general elections, such motions are moved by the Leader of theHouse/Minister of Parliamentary Affairs47.

44. Rule 254(1).

45. For example Joint Committee to enquire into irregularities in securities and banking transactionsappointed in pursuance of a motion adopted by the Lok Sabha on 6 August 1992 and concurredin 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 tothe principle of proportional representation by means of the single transferable vote is that everyParty or Group may, as far as possible, get representation in the Committee in proportion to theirnumerical 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.

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At the commencement of a new Lok Sabha after general elections, members ofthe Lok Sabha are also required to be elected to the Joint Committee on Offices ofProfit.48 Necessary motion in this regard is moved by the Minister of Law and Justice.

Members may also be elected to an ad hoc Committee set up in pursuance ofmotion 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 onthe Welfare of the Scheduled Castes and Scheduled Tribes, and Joint Committee onOffices of Profit or any ad hoc Committee is adopted, a detailed programme of datesfor nomination, withdrawal of candidature and for holding elections is notified in theBulletin. At the expiry of the time fixed for receipt of nominations, a list of candidatesstanding for election is prepared and copies thereof are displayed on the NoticeBoards for the information of members. In case the number of valid nominations afterwithdrawal is equal to the number of vacancies, all the candidates are declared electedand their names are published in the Bulletin. If the number of valid nominations isless than the number of vacancies, all the candidates are declared duly elected and thetime fixed for nomination is extended for the remaining vacancies to be filled. Thisprocess is repeated as long as the number of candidates is less than the number ofvacancies 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 theregulations framed by the Speaker for holding of such elections50.

On a motion moved by the Minister concerned, members of Parliament areelected by either House to serve on Committees or bodies other than ParliamentaryCommittees which are set up in pursuance of the provisions of the Constitution, orunder the provisions of an Act of Parliament, or in accordance with the provisions ofany resolution of the Government constituting such a Committee or body—Electionsto such Committees or bodies are held in the same manner as in the case of otherParliamentary Committees51.

Committees Nominated by the Speaker

Members to specified Parliamentary Committees may be nominated by theSpeaker after consultation with the Leader of the House and the Leaders of theOpposition 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 Joint 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 fromGeneral Finance (1949)-C.A. (Leg.) Deb., 1-4-1949, p. 2210; Joint Committee on Offices of Profit(1959)—L.S. Deb., 3-8-1959; cc. 145-46; Joint 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 SingleTransferable Vote’—For text, see Appendix VII of the First Edition.

51. Dir. 108(A).

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At the commencement of a new Lok Sabha, the Leader of the House is askedby the Secretariat to suggest, in order of priority, a panel of names of members of theGovernment 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 addressedto suggest, in order of priority, a panel of two or three names from amongst themembers of their Groups or Parties52. The Speaker, in his discretion, selects themembers out of those panels for nomination to the Committees. However, the practiceof calling for a panel of names for nomination of members of the ruling party or otherParties/Groups has been discontinued long back. The present practice is to make aproportionate allocation of the seats available on the two Groups of Committees,namely, 24 DRSCs and other Standing Committees separately to various parties andgroups according to their respective strength in the House. As per allocation of seatsapproved by the Speaker, the Leaders of Parties are requested in writing to suggestonly a name each of their members for each seat allocated to a party on a Committeefor consideration and nomination by the Speaker. As far as possible, the differentparties and groups are represented on a Committee in proportion to their respectivestrength in the House. The members selected for nomination to a Committee areasked to furnish their written consent to serve on the Committee, if nominated.

Reconstitution of Committees nominated by the Speaker: The question ofreconstitution of Parliamentary Committees nominated by the Speaker is consideredevery year. It is up to the Speaker to reconstitute a Committee or not. However, asper a convention developed since 1959, all Standing Parliamentary Committees arereconstituted53 every year. With a view to ensuring representation of every party/group on Parliamentary Committees, seats on Committees are rotated every yearamongst 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 orelection by the House on a motion made, or made by nomination by the Speaker, asthe case may be. Any member appointed, elected or nominated to fill a casual vacancyholds office for the unexpired portion of the term for which the member in whoseplace he is appointed, elected or nominated would have normally held office54. In thecase of the Joint Committee on Salary and Allowances of Members of Parliament, amember of the Joint Committee holds office as such member for one year from thedate of his nomination55. The procedure followed in filling a casual vacancy is generallythe same as for original appointment thereto.

52. “While requesting the Parties and Groups to suggest the names of members for nomination by theSpeaker to Committees, the practice is to write that ‘in case of Committee on SubordinateLegislation, name of a lawyer-member may be suggested, as far as possible’, the reason being thatthe Committee on Subordinate Legislation is required to scrutinise rules and regulations framedunder the provisions of various Acts”.

53. In Sixth Lok Sabha, the Committee of Privileges which was constituted on 1 July 1977, was notreconstituted 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.

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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 newCommittee is nominated by him56.

The term of office of the Committee on Private Members’ Bills andResolutions, Committee on Papers Laid on the Table, Committee onSubordinate Legislation, Committee on Government Assurances, Committeeon Absence of Members from the Sittings of the House, Committee on theWelfare 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, Committeeon Petitions, Committee of Privileges and the Rules Committee continue inoffice till reconstituted by the Speaker”.58

If no term of office has been specified by the Speaker in regard to an ad hocCommittee appointed by him, the Committee continues in office till the completionof 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 ScheduledCastes and Scheduled Tribes are elected by the House for a term ‘not exceeding oneyear’59. These Committees are normally elected in the month of April each year forthe term beginning on 1 May and ending on 30 April of the following year. In the caseof a new House, they are elected as soon as may be after the new House meets andhold office for the period specified in the motion (usually ending on 30 April of thefollowing year).

Where it is found necessary to extend the term, a motion is moved in andadopted by the House to that effect after a motion to suspend the relevant rule in itsapplication to the motion for extension of the term of office has been adopted60.

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 Welfareof Scheduled Castes and Scheduled Tribes constituted in pursuance of the motion adopted by theLok Sabha on 13-8-1973 were to hold office for a period of two years from the date of the firstmeeting of that Committee. However, their terms of office were subsequently extended upto31-3-1976 by two motions adopted by the House—L.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 theterms of the three financial Committees. The relevant motions in respect of each Committee wereadopted on 20 March 1968. In the case of the Committee on Public Accounts and the Committeeon Public Undertakings, another motion was moved and adopted, intimating to Rajya Sabha thatthe term of office of the present members of these Committees had been extended upto30 April 1968 and recommending to that House “that they too take such action as they deem fitin regard to the association of members of Rajya Sabha with the said Committees”.

In July 1975 and February 1976, the terms of office of the members of the Committee on theWelfare of Scheduled Castes and Scheduled Tribes were extended—L.S. Deb., 28-7-1975 and5-2-1976.

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There is no fixed term of office for Select or Joint Committees on Bills. Themotion which is moved in the House for reference of a Bill to a Select or JointCommittee generally specifies the date by which, or the period within which, theCommittee might present its report. In case the House has not fixed any time for thepresentation of the report, the Committee is required to present its report before theexpiry of three months from the date on which the House adopted the motion forreference of the Bill to the Select Committee61.

Committees Appointed/Elected on a Motion or Resolution

The motion for the appointment or election of a Committee by the House mayeither specify its terms of office62 or may indicate the date63 by which or the period64

within which the Committee might present its report.

Where the House has not fixed any time for the presentation of a report by aCommittee, the Committee is required to present its report within one month of thedate on which reference to the Committee was made. However, the time for thepresentation of the report by the Committee may be extended by the House on aMotion moved in that behalf65.

Committees Appointed under a Statute

In the case of a Committee constituted under an Act of Parliament, the term ofoffice 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 theSpeaker to aid and advise him in the discharge of his functions or to report on somematter pertaining to the House or its members. Such a Committee holds office for aterm specified by the Speaker or till such time as a new Committee is appointed byhim. Where no term is specified by the Speaker, the Committee continues in officetill 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 objectedto on the ground that he has a personal, pecuniary or direct interest of such anintimate character that it may prejudicially affect the consideration of any matter bythe Committee66. 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 toinquire into the working of the Hindustan Shipyard Ltd. One of the members of the Sub-Committeewas also the President of the Hindustan Shipyard Labour Union. An objection was raised to hisinclusion in the Sub-Committee in view of the direct interest that he had as the President of the

780 Practice and Procedure of Parliament

inclusion in the Committee is objected to, that is, it should not be in common withthe 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 hisobjection 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 theCommittee. The member, whose membership has been objected to, may also be askedby the Speaker to state his position. Where there is dispute on facts, the Speaker maycall for documentary or other evidence from both the members. The decision givenby the Speaker is treated as final67.

When the matter is referred to the Speaker and until the Speaker’s decision isknown, the member whose membership is objected to continues to be a member ofthe Committee; he can take part in its discussions but is not, however, entitled tovote68. If the Speaker holds that the member has a personal, pecuniary or directinterest in the matter before the Committee, his membership ceases forthwith, but theproceedings of the sittings of the Committee at which that member might have beenpresent are not affected by the decision of the Speaker69. It is also incumbent on themember having a personal, pecuniary, or direct interest in any matter to be consideredby the Committee to state his interest therein to the Speaker through the Chairman ofthe Committee70.

Membership of Committee on Estimates or Public Accounts or PublicUndertakings and of Government Committees

Wherever the Chairman or a member of the Committee on Estimates, PublicUndertakings or Public Accounts is invited to accept membership of any Committeeconstituted by Government, the matter is submitted to the Speaker before theappointment is accepted71. 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-Committeepostponed and in the meanwhile would reconsider the question of personnel and the terms ofreference of the Sub-Committee. However, before this could be done, the term of office of theCommittee 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 XII–‘Conduct of Members.’

On 5 May 1959, a member of the Joint Committee on the Banking Companies (Amendment)Bill, 1959, wrote to the Speaker that he was acting as legal advisor to certain Banks and enquiredwhether he could continue to be the member of the Committee. The Speaker directed that the lettermight be sent to the Chairman of the Committee to be read out to the Committee and if noobjection 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 memberwas subsequently appointed as Chairman and he read out the letter to the Committee at its firstsitting. As no objection was raised by any member, the matter was not pursued further—Min.[J.C. on Banking Companies (Amendment) Bill, 1959] 9-5-1959.

Certain petitions relating to the Prohibition of Manufacture and Import of HydrogenatedVegetable Oil Bill were received by the Committee on Petitions. As the Chairman of the Committeehad sponsored the Bill, the Speaker appointed another member to act as the Chairman for thesitting of the Committee on 17 December 1950 when those petitions were to be considered.

71. Dir. 97.

Parliamentary Committees 781

or the member concerned should serve on the Government Committee so long as heremains a member of the Parliamentary Committee, he does not permit the Chairmanor the member to accept the appointment on the Government Committee. Where, inthe interest of parliamentary work, he permits them to do so, he directs that the reportof the Government Committee be placed before the Parliamentary Committee concernedfor such comments as the latter might deem fit to make before it is presented to theGovernment72.

Whenever a member who is serving on a Committee constituted by Governmentis elected to any of these Committees, the matter is required to be placed before theSpeaker to decide whether the member might be permitted to continue his membershipof the Government Committee73. The Speaker may or may not permit a member tocontinue on the Parliamentary Committee74. If the Speaker permits a member tocontinue membership of a Government Committee, he may require that the report ofthe Government Committee be placed before the Parliamentary Committee concernedfor such comments as the latter may deem fit to make before it is presented to theGovernment75. Where the subject of inquiry of a Committee set up by Governmentand 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 theCommittees, 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 onEstimates on the Enquiry Committee set up by the President in 1957 to look into the Affairs ofthe Banaras Hindu University, the Speaker directed that the report of the Enquiry Committeeshould not be published before consulting the Committee on Estimates which was then engagedin 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 membershipof the Purchase Advisory Council in 1957, with the .directions that the Chairman should resignthat membership when he felt that there was a likelihood of conflict of duties.

On 28 January 1958, while according permission to the appointment of a member of theEstimates Committee on the Salt Enquiry Committee, the Speaker directed that the membershould be careful in seeing that there was serious conflict of views in the recommendations of theSalt Enquiry Committee and those expressed previously by the Committee on Estimates in itsFifteenth Report (First Lok Sabha) specially with regard to ‘the abolition of the Salt Organisationand Company Form of Management’.

In 1958, the Speaker, while according permission to the appointment of a member of theEstimates Committee on the Executive Council of the Visva Bharati University, directed that hisappointment might come into effect from a date subsequent to 30 April 1958 when the Committeeon Estimates was likely to finalise its report on the same subject. The member was accordinglyappointed to the Executive Council of the Visva Bharati University with effect from 1 May 1958.

73. Dir. 97A.

74. On election to the Estimates Committee (1958-59), a member who was leader of a Study Teamon Social Welfare of the Committee on Plan Projects, resigned from the Estimates Committee lestthere might arise some difficulty in continuing both as a leader of the Team and a member of theCommittee.

75. An Enquiry Committee was set up on 18 April 1957, by the Delhi Administration to review theconditions of non-Government aided schools. The Chairman of that Committee was subsequentlyelected to the Estimates Committee (1957-58). On a question being raised whether the enquiryconducted would impinge on the work of Estimates Committee in regard to the examination ofestimates of the Ministry of Education, the Speaker directed that the report of the EnquiryCommittee be submitted to the Chairman, Estimates Committee. However, no conflict in therecommendations of the two Committees, in regard to Elementary Education, was found.

782 Practice and Procedure of Parliament

of the Parliamentary Committee concerned when the specific subject comes up forconsideration76.

Resignation from and Vacation of Seats in a Committee

A member may resign his seat from a Committee by writing under his handaddressed to the Speaker77. The letter of resignation, which should be in clear andunambiguous terms, becomes effective only after it is received in the Secretariat andtakes effect from the date of resignation specified in the letter of resignation78. If nodate is specified in the letter, the resignation takes effect from the date of the letter79

and where the letter does not bear any date, then from the date of its receipt in theSecretariat80. The resignation is automatic and is not subject to acceptance by theSpeaker. It can become ineffective only if any defect is found in it81. In the case ofJoint Committees, a member may resign by addressing the resignation letter to thePresiding Officer of the House to which he belongs. In such case, efforts are madeto notify the resignation of a member from the membership of the Joint Committeein the Bulletins of both the Houses simultaneously.

A vacancy may also be caused when a member of the Committee dies or resignshis seat in the House or otherwise ceases82 to be a member of the House.

If a member of the Committee on Petitions or Public Accounts or Estimates orPublic Undertakings or Subordinate Legislation or Government Assurances or Welfareof Scheduled Castes and Scheduled Tribes or Empowerment of Women orDepartmentally Related Standing Committee (DRSC) is appointed as a Minister, heceases to be a member of the Committee from the date of such appointment83. In suchcase, no formal letter of resignation is required nor cessation of membership is notifiedin the Bulletin. If a member of a Committee is absent from two or more consecutivesittings of the Committee without permission of the Chairman of the Committee, amotion may be moved in the House for the discharge of such member from theCommittee84. 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 Teamon Social Welfare of the Committee on Plan Projects sought permission of the Speaker to serveon both the Committees. As a particular matter was being examined both by the Study Team andthe Estimates Committee, the Speaker, while acceding to the request of the member, directed thathe 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 wasconsidered 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 theSpeaker, 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 amember of the Lok Sabha on his appointment as Governor. Consequently, he ceased to be amember and Chairman of the Committee of Privileges. Members of the Rajya Sabha serving onCommittees cease to be members of Committees on their retirement from the Rajya Sabha.

83. Rules 306, 309(1), 311(1), 312(A)(B), 318(1), 324(1) and 331B(1).

84. Rule 260.

Parliamentary Committees 783

Speaker, such a member may, however, be discharged by the Speaker85. On adoptionof such a motion by the House, or an order being passed by the Speaker, as the casemay be, the member concerned ceases to be a member of that Committee. Where amember is a member of a Committee by virtue of the office he holds, he ceases tobe a member of the Committee when he vacates that office86. The member cannot,however, resign from the membership of that Committee till he holds that office87.

Resignations from the membership of other Bodies

When a member of the Lok Sabha representing Parliament on a GovernmentCommittee, Board, Body, etc. seeks to resign from the membership of that Body byaddressing the Speaker, he is advised to address his resignation to the Chairman/Prescribed Authority of that Committee, Board, Body, etc. where a member is amember of a Government Committee by virtue of the office he holds, he ceases tobe a member of the Committee when he vacates that office88.

Powers of Committees

Powers of the Committees of the Lok Sabha89 are as laid down in theConstitution90, the Rules91 and the Directions issued thereunder by the Speaker92 fromtime to time. Rules relating to certain Committees, instead of conferring specificpowers on them, provide that the general rules applicable to Parliamentary Committeesshall apply to them with such adaptations, whether by way of modification, additionor omission, as the Speaker may consider necessary or convenient93.

85. Ibid.

86. This is applicable to the Speaker in the case of the Business Advisory Committee, Rules Committeeand General Purposes Committee and to the Deputy Speaker, Members of the Panel of Chairmenof Standing Parliamentary Committees of the Lok Sabha and Leaders of recognised Parties andGroups 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 ofBJP, sought to resign from the membership of GPC. He was informed that the membership of GPCbeing ex-officio, he will continue to be a member of the GPC till he holds the office of the Leaderof BJP Group in the Lok Sabha. In 1988, C. Madhav Reddy, Leader of Telugu Desam Group inthe Lok Sabha, sought to resign from the membership of GPC (1987-88). He was informed thatas long as he continued to be a leader of Telugu Desam Group in the Lok Sabha, it would notbe possible to nominate any other member from his Group to the General Purposes Committee.

88. This is applicable to the Speaker in the case of the Business Advisory Committee, Rules Committeeand General Purposes Committee, and to the Deputy Speaker, members of the Panel of Chairmenof Standing Parliamentary Committees of the Lok Sabha and Leaders of recognised Parties andGroups 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 6of Library Committee Rules.

784 Practice and Procedure of Parliament

Under the provisions of the Salary, Allowances and Pension of Members ofParliament Act, 1954, the Joint Committee on the Salaries and Allowances of Membersof Parliament has the power94 to regulate its procedure. Besides the Act, the rulesframed under the said Act empower95 the Joint Committee to appoint one or moreSub-Committees. In the case of a Joint Committee on a Bill, the motion moved in theHouse for reference of a Bill to a Joint Committee does not specifically confer anypower on the Joint Committee but provides that the general Provisions of the Rulesof Procedure of the Lok Sabha relating to Parliamentary Committees will apply withsuch variations and modifications as the Speaker may make96. Sometimes, in the casead hoc Committees appointed by the House on a motion adopted in that behalf, themotion for appointment of such a Committee may specifically confer on the Committeessome of the powers which are commonly possessed by other Committees of theLok Sabha97.

The powers which are generally possessed in common by all Committees of theLok 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 powersof the whole Committee, to examine matters which may require detailed study orinvestigation. In pursuance of this power, a number of Standing Committees as alsoSelect or Joint Committees on Bills have appointed sub-Committees from time totime for detailed study of specific matters to assist them in the redrafting of particularclauses of a Bill98. In certain Committees, there are Standing Sub-Committees, namely,(i) Sub-Committee of the Business Advisory Committee for selection of admittednotices of ‘No-Day-Yet-Named Motions’ for discussion in the House99, and(ii) accommodation Sub-Committee of the House Committee100. Similarly, prior tothe 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 Joint Committee on the Salaries and Allowances ofMembers 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 Joint Committee is initiated by the Rajya Sabha, the motion makes aprovision that the rules relating to Parliamentary Committees of that House will apply to suchCommittee.

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 ofthe Joint Committee to enquire into Bofors Contract—L.S. Deb., 6-8-1987, cc. 561-62.

98. For example, Sub-Committees were appointed by the Joint Committee on the Companies Bill,1953; Select Committee on the Women’s and Children’s Institutions Licensing Bill, 1953; SelectCommittee on the Representation of the People (Second Amendment) Bill, 1955; Joint Committeeon Code of Civil Procedure (Amendment) Bill, 1974; Joint Committee of the Houses to examinethe question of the working of the Dowry Prohibition Act, 1961; and Joint Committee on theRailways 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.

Parliamentary Committees 785

used to appoint a Standing Sub-Committee on Public Undertakings101, every year,immediately after its own constitution. The Committee on Estimates, whenever itdecides to examine the estimates of the Ministry of Defence, appoints a Sub-Committeefor examining the estimates of that Ministry102 and the Chairman of the Committeehimself is the Chairman of the Sub-Committee.

If the Deputy Speaker is a member of a Sub-Committee, he is ex-officio appointedChairman 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 inconnection with a matter under its consideration, examination or investigation103.

Power to send for persons, papers and records104

(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 arisesor comes to light in the course of its work which it may consider necessary to bringto the notice of the Speaker or the House, as the case may be, notwithstanding thatsuch matter is not directly connected with, or does not fall within, or is not incidentalto, its terms of reference105.

Power to pass resolutions on matters of procedure

Where a case warrants a special procedure for conducting the business of aCommittee, that Committee may pass resolutions on matters of procedure relating toit for the consideration of the Speaker who may make such variations in procedureas he may consider necessary106.

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 Governmentbodies 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 during1956-57 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 aMember (Mudgal Case, 1951).

Two special reports on the working of the various Cess Funds were presented to the House bythe Committee on Public Accounts—19R and 20R (PAC-2LS).

106. Rule 281.

The Committee on the Conduct of a Member (Mudgal Case, 1951) decided upon the procedureto be followed at its subsequent sittings. The Speaker approved the procedure and also issuedfurther directives to the Committee.

786 Practice and Procedure of Parliament

Power to make detailed rules

To supplement the provisions contained in the Rules and the Directions issuedby the Speaker, a Committee may, with the approval of the Speaker, make detailedrules of procedure for its internal working107.

Sittings of Committees

Committees generally hold their sittings during sessions of the Lok Sabha, butare otherwise empowered to sit during the intersession period. By reason of theprorogation of the House, any business before a Committee does not lapse and theCommittee continues to function notwithstanding such prorogation108. When the Houseis in session, the Committees normally do not meet after the sitting of the House hascommenced and before 15.00 hours109. If a Committee is meeting whilst the Houseis sitting, the Chairman of the Committee is required, on a division being called inthe House, to suspend proceedings of the Committee for such time as will, in hisopinion, enable the members to vote in a division110.

The date and time of sitting of a Committee are fixed by the Chairman of theCommittee111. Where the Chairman is not readily available, the Secretary-Generalmay fix the date and time of sitting; but in the case of a Select or Joint Committeeon a Bill, he does so in consultation with the Minister in-charge of the Bill112.

Venue of Sittings

A sitting of a Parliamentary Committee or a Sub-Committee, whether formal orinformal, is invariably held within the precincts of the Parliament House113. If for anyreason, it becomes necessary to hold a sitting of a Committee or a Sub-Committee outsidethe Parliament House, the matter is referred to the Speaker whose decision is final114.

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 enablemembers to participate in the Question Hour and other proceedings in the House—L.S. Deb.,6-4-1956, c. 1861.

The direction has been relaxed at times by the Speaker to meet the needs of an occasion. SeeMin. (CPR) 17-12-1958 and 5-3-1959; Min. (CP) 9-9-1957; and 15-12-1958; Min [SC onRepresentation of the People (Amdt.) Bill, 1958] 12-12-1958; Min. [SC on Representation of thePeople (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. (JC on BoforsContract) 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 theapproval of the Speaker.

Parliamentary Committees 787

The present practice is that sitting of Parliamentary Committees outside the ParliamentHouse are not allowed115.

The Parliamentary Committees, while on study tour, may hold informal sittingsat the place of their visit, but at such sittings no decisions are taken nor is anyevidence recorded116. Normally no study tours are undertaken by the Committeeswhen the House is in session.

Sometimes, the terms of reference of a Committee may specifically mentionabout the venue of sittings of the Committee117.

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 Committee118. While calculating one-third

The Committee on Estimates held sittings at Nainital during June 1955.

The Joint Committee on the University Grants Commission Bill held sittings in the BombayLegislative Building at Poona in July 1955.

The Public Accounts Committee met at Simla in June 1956 and again in June 1958. The Committeemet at Trivandrum from 27 October 1965, to 1 November 1965, and again in September 1966.

The Committee on Public Undertakings met at Trivandrum in February, 1966.

The Joint Committee on the Constitution (Amendment) Bill 1967 by a private member, Nath Paiheld some sittings in the Conference Hall of the Mysore Vidhan Sabha, Bangalore, July 1968.

The Select Committee on Taxation Laws (Amendment) Bill, 1969, held sittings in the CouncilChamber, Calcutta from 8 to 10 January 1970; in the Council Hall, Bombay, from 15 to17 January 1970; in the Central Hall, Legislators Hostel, Madras, on 5 and 6 February 1970; inthe Conference Hall, Vidhana Soudha, Bangalore, on 7 February 1970; in the Legislative AssemblyBuilding, Srinagar on 19 and 21 June; at the Pahalgam Club, Pahalgam, on 20 June; and at theGulmarg Club, Gulmarg, on 22 June 1970.

The Select Committee on the Indian Penal Code (Amendment) Bill, 1967 held sittings in theCouncil Hall, Bombay from 16 to 18 September, 1968; Joint Committee on Commissions ofInquiry (Amendment) Bill, 1969 held sittings in Assembly Building, Srinagar, from 21 to23 October 1970; Sub-Committees of Joint Committee on Code of Civil Procedure (Amendment)Bill, 1974 held sittings at Madras-Bangalore from 16 to 21 September 1974; Ahmedabad-Bombayfrom 8 to 12 October 1974, Calcutta-Bhubaneshwar from 30 December, 1974 to 3 January 1975,and at Guwahati-Shillong from 9 January to 13 January 1975, Lucknow from 17 to 18 January 1975,and Chandigarh from 29 to 30 May 1975; Joint Committee on Khadi and Village IndustriesCommission (Amendment) Bill 1978 held sittings at Ahmedabad (in the Conference Room of thePhysical Research Laboratory) on 25 October 1978 and at Patna on 18 January, 1979 at theresidence of Jayaprakash Narayan to record his evidence; Joint Committee on the Railways Bill,1986 held sittings at Bombay from 24 to 27 June 1987, at Calcutta from 11 to 12 September 1987,at Bangalore from 22 to 23 June 1988 and at Hyderabad from 24 to 25 June 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) statedthat the Committee had the power to hear and/or to receive evidence, oral or documentary, inBombay 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 Joint Committee to enquire into Bofors Contract(1987) provided inter alia that “If that Committee wish to nominate a Sub-Committee to visit aforeign country for specified purposes connected with the enquiry, the matter shall be referred tothe Speaker, who may take such decisions and give such directions as he thinks fit, providedthat such Sub-Committee shall not hold sittings, record evidence or take decisions in a foreigncountry.” However, no such Sub-Committee was nominated by the Committee—L.S. Deb.,6-8-1987, cc. 561-62.

118. Rule 259(1).

788 Practice and Procedure of Parliament

of the members of Committee, it should be with reference to the total number ofmembers of a Committee irrespective of vacancies in the Committee and the fractionif any should be ignored119. Thus, for instance in a DRSC having a strength of31 members, the quorum to constitute a sitting of the Committee shall be ten members120

Where a Committee is appointed or elected on a motion or a resolution adopted bythe House, the quorum to constitute a sitting of the Committee is generally specifiedin the motion or resolution moved in the House121; otherwise the general rule relatingto quorum, i.e. one-third of the total number of members of the Committee applies122.The quorum of the Committee is invariably specified in the motion moved in theHouse for reference of a Bill to a Joint Committee and it is usually fixed as one-thirdof the total number of members of the Committee123. Where a Parliamentary Committeeis constituted under an Act of Parliament, the quorum of the Committee may be laiddown in the Act or the rules framed in pursuance of the provisions of the Act124.

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 thetotal number of members of the Committee125.

The usual practice is for the Chairman of a Committee to satisfy himself thatthere is a quorum at the commencement of a sitting or at the time when votes aretaken. At any other time any member of the Committee present at the sitting can drawthe attention of the Chairman to the lack of quorum. If at any time during any suchsitting, there is no quorum, the Chairman of the Committee is required to suspend thesitting until there is a quorum or adjourn the sitting to some future date126. When aCommittee has been adjourned for lack of quorum on two successive dates fixed forthe 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 SG’s orderdated 12 April 2005 that while calculating quorum under rule 259, the fractions, if any, shouldbe ignored.

120. A convention was developed by EC in November 1957 whereby the Committee did not insist onquorum at its sittings where official witnesses were examined on the ground that no decisions weretaken at such sittings. Over the years, the convention had also been adopted and followed by mostof the Committees including DRSCs. However, it was felt subsequently that the convention wascontrary to the provisions of rule 259 as the rule does not allow a Committee or its Chairman torelax the requirement of quorum at any sitting on any ground. It was, therefore, decided vide SG’sorders dated 9 April 2008 that the provisions of rule 259 regarding quorum at sittings ofParliamentary Committees should be enforced strictly regardless of the nature of business to betransacted.

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 1960—H.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 Joint Committee on Salaries and Allowances,framed under section 9(2) of the Salary, Allowances and Pension of Members of Parliament Act,1954.

125. The quorum of the Committee to fix Hindi Equivalents for Parliamentary, Legal and AdministrativeTerms (1956), which consisted of 33 members, was reduced from eleven to five by SpeakerAyyangar in view of the peculiar circumstances and urgency of the matter.

126. Rule 259(2); Rule 6(2) of the Rules of Procedure of JSA.

Parliamentary Committees 789

fact to the House127 or the Speaker, whosoever has appointed the Committee128. TheHouse or the Speaker, as the case may be, may then decide the course of action tobe taken in the matter depending on the merits of each case129.

Admission of Strangers

The sittings of Parliamentary Committees are held in private and are not opento public130. No outsider or representative of the press is admitted to the sittings. TheCommittees 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 Committeeand officers of the Secretariat are required to withdraw when the Committee isdeliberating131. Certain persons may, however, with the prior permission of theCommittee or its Chairman, be present at a sitting of the Committee when theCommittee is taking evidence, but they are not allowed to take part in any manner inthe proceedings nor can they sit in the body of the Committee132.

Admission of members who are not members of Committee

The practice regarding admission to the sittings or association with theproceedings of a Parliamentary Committee of members who are not members of thatCommittee differs from Committee to Committee. In certain Committees133 such a127. Rule 259(3).

128. Rule 259(3), Proviso; and Rule 6(3) of the Rules of Procedure of JSA.

129. The Chairman of the Select Committee on the Notaries Bill, 1951, reported to the House that theCommittee had to adjourn on two successive occasions for want of quorum with the result thatno progress could be made in the work, of the Committee. The House granted extention of timefor presentation of report of the Committee—P. 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 tothe Speaker, he ordered that the petition might be circulated to all members in extenso as the Billwas then pending before the House.

130. Rule 266.

131. Rule 268. In the case of a Select or a Joint Committee on a Bill, the official Draftsman concernedwith 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, withthe permission of the Chairman, attend the sittings of the Committee on Estimates only whenevidence is being taken, but cannot take part in any manner in the proceedings of the Committeenor can he sit in the body of the Committee.

On 4 December 1956, when an official of the Department of Parliamentary Affairs came toattend the sitting of the Business Advisory Committee in the absence of the Minister of ParliamentaryAffairs, the Chairman of the Committee objected to his presence at the sitting and the official wasnot 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 Committee—see Internal Rules ofBAC, 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 theOpposition Group, the Speaker has occasionally permitted another member of that Group to attendthe 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.

790 Practice and Procedure of Parliament

member may, under orders of the Chairman of the Committee, be invited to attend itssittings as a special invitee, but he is not entitled to vote. In the Committee ofPrivileges no member other than the members of the Committee can be associatedwith the deliberations of the Committee when a specific question of a breach ofprivilege or contempt of the House is to be considered134. In the case of the Committeeon Estimates, a member who is not a member of the Committee may, with thepermission of the Chairman, attend the sittings of the Committee when evidence isbeing taken but not when the Committee is deliberating. Such a member cannot takepart in any manner in the proceedings of the Committee nor can he sit in the bodyof the Committee135. In the case of a Select Committee on a Bill, a member who isnot a member of the Committee may be present during the deliberations of theCommittee, but he cannot address the Committee nor can he sit in the body of theCommittee136. In the case of Joint Committee on a Bill if it is later felt that theassociation 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 associatedwith the deliberations of the Committee137. A Minister who is not a member of aSelect or Joint Committee on a Bill may, with the permission of the Chairman of theCommittee, address the Committee138 but he is not entitled to vote.

Proceedings in Committees

Proceedings in Committees are largely conducted in the same manner as in theHouse but in a more intimate and informal atmosphere. When a Committee isdeliberating, 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 ofbreach of privilege (Mathai Case, 1959), a member of the Committee suggested that the memberor Chairman of the Committee of Privileges of the Rajya Sabha, who were also then examiningthe same question, might be associated with the Committee’s deliberation. The Chairman of theCommittee ruled that in view of Rules 266 and 268, no outside person or body could be associatedformally or informally with the deliberations of the Committee.

135. Rule 23 of I.R. (EC).

136. Rule 299.

137. In the Joint Committee on the Merchant Shipping Bill, 1958, when the Minister of Transport andCommunications suggested that a member of the Rajya Sabha, whose name had been omittedfrom being included in the Committee, might be invited to attend the sittings of the Committeeso that his expert knowledge of Indian shipping could be available to them, the Speaker ruled thatthe Committee could call him as an expert witness but could not otherwise associate him in theirdeliberations.

138. Rule 299. Proviso.

The Minister of Revenue and Civil Expenditure participated in all the sittings of the SelectCommittee on the Life Insurance Corporation Bill, 1956, and took part in the proceedings. TheMinister of Industry addressed the Joint Committee on the Parliament (Prevention ofDisqualification) Bill, 1957, on 26 July 1958—see also Min. [J.C. on Constitution (SeventeenthAmendment) Bill, 1963], 23-1-1964. The Prime Minister Morarji Desai addressed the JointCommittee on the Khadi and Village Industries Commission (Amendment) Bill, 1978 at theirsitting held on 27 September 1978. The Minister of Information and Broadcasting, PurushottamKaushik, addressed the sitting of the Joint Committee on the Prasar Bharati (BroadcastingCorporation of India) Bill, 1979 held on 16 August 1979. The Minister of State in the Ministryof Parliamentary Affairs, Shrimati Sheila Dikshit, attended the sitting of the Joint Committee onthe Lokpal Bill, 1985 held on 4 May 1988.

Parliamentary Committees 791

After the Chairman is satisfied that sufficient discussion has taken place, he puts thequestion to the Committee and ascertains its decision. All questions at a sitting of aCommittee are decided by a majority of votes of the members present and voting139.Except in the case of Select or Joint Committees on Bills, questions are not formallyput to the vote of the Committee and as far as possible, unanimous decisions aretaken. In rare cases when there is a difference of opinion in a Committee, either bothopinions are included in the report of the Committee or a reference to the differenceof opinion is recorded in the minutes of the Committee. A question on which aCommittee has already taken a decision may be reopened at the same or a subsequentsitting of the Committee with the permission of the Chairman140.

A verbatim record of the proceedings is kept when a witness is examined by theCommittee141 or if it is otherwise considered necessary, depending upon the natureand importance of the matter discussed by the Committee142. The verbatim proceedingsare 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 Committeewithout the permission of the Speaker unless and until the proceedings have been laidon the Table143.

The proceedings of a Committee are treated as confidential and it is notpermissible for a member of the Committee or anyone who has access to thoseproceedings to communicate, directly or indirectly, to the press or any other personany information regarding the proceedings, including the report or any conclusionsarrived at finally or tentatively, before the report is presented to the House144.

However, in the case of Joint Committee to enquire into irregularities in securitiesand banking transactions, the Committee decided that in view of the widespreadpublic interest, the Chairman should brief the press about the deliberations of theCommittee, 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 ofthe Speaker, the Speaker accorded the necessary approval and the Chairman briefedthe 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’ inanyone session, may, on application from the sponsor of the Bill, be considered for recategorisationduring a later session—40R(CPB-ILS).

141. Rule 273(v).

142. For example, when the Committee on Estimates considers its draft reports; when the Committeeon Private Members’ Bills and Resolutions examines Bills seeking to amend the Constitution; andwhen the Committee of Privileges arrives at its decisions. The proceedings in the Rules Committeeare recorded verbatim as they bring out the implications of the rules. Proceedings of the sittingsof the Joint 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 inresponse to a specific request made in the House—L.S. Deb., 12-8-1966.

144. Dirs. 55(1) and 65(1).

792 Practice and Procedure of Parliament

Evidence

A Committee may take oral and/or written evidence in connection with a matterunder its consideration, examination or investigation, and every Committee has thepower to send for persons, papers and records145.

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 Joint Committee if considerednecessary on account of the wide ramifications of the subject under examination. TheSpeaker, while according the necessary approval, stated that this was being done inview of the uncommon nature of the case and the views expressed by the Leaders ofall Parties at the time of constituting the Committee and also subsequent to that. TheCommittee called certain information in writing and also took evidence of the Ministersof Finance and of Health & Family Welfare.

Where the disclosure of a document is, however, likely to be prejudicial to thesafety or interest of the State, the Government may decline to produce it before aCommittee146.

145. Rule 270.

146. Ibid., Second Proviso.

In accordance with an established convention, secret documents required by a ParliamentaryCommittee are confidentially made available by the Ministry or Department or Undertaking to theChairman in the first instance, unless it is certified by the Minister concerned that such documentcould not be made available on the ground that its disclosure would be prejudicial to the safetyor interest of the State. The Chairman gives due consideration to the wishes of the Ministry orDepartment or Undertaking before making any such document available to the members of theCommittee. Any difference of opinion between the Ministry, etc. and the Chairman is settled bydiscussion, and in the last resort by reference to the Speaker. The plea on non-disclosure of adocument 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 Speakeror the Chairman of a Parliamentary Committee.

(i) On 13 July 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 theMinistry of Defence with a request to treat them as secret documents. Those reports werenot circulated to the members of the Sub-Committee (Defence) of the Estimates Committee.The information contained in them was, however, utilized in determining the methodologyof inquiry.

(ii) During their examination of audit para 16 of the Report of the Comptroller & AuditorGeneral of India for 1971-72 on Revenue Receipts (Vol. 1) relating to import of serviceablewoollen garments as rags, the PAC (1973-74) desired to be furnished with full factsrelating to inter-ministerial meetings held in this regard and the PM’s approval in thematter. The Cabinet Secretariat declined to furnish the requisite files invoking the secondProviso to Rule 270. Later the Minister of Works, Housing and Parliamentary Affairs alsoaddressed a D.O. to the Speaker, Lok Sabha stating that the papers of the Cabinet Secretariatwhich the Chairman of PAC wishes to see were not relevant for the purpose of theCommittee’s inquiry. He also requested the Speaker to call for the relevant papers and togive a ruling in the matter.

The Speaker ruled inter alia as follows:

“....the details of the discussion held between the Ministers and the approvalgiven by the Prime Minister to the recommendations of the Ministers are no longerrelevant within the meaning of Rule 270 of the Rules of Procedure and Conductof Business in Lok Sabha”.

Parliamentary Committees 793

If at any time any question arises whether the evidence of a person or theproduction of a document is relevant for the purpose of the Committee, the questionis referred to the Speaker whose decision is final147. Similarly, if an officer of a StateGovernment is required to be examined by a Committee or if a paper, document orrecord of a State Government is required to be produced before a Committee, theorders of the Speaker are required to be obtained in each case before the officer orthe State Government concerned is asked to comply with the request148.

(iii) While examining para 27 of the Report of the Comptroller & Auditor General of India forthe year 1972-73, relating to purchase of Milo from abroad, the PAC (1974-75) called forcertain information from the Department of Food. The Minister of State for Agriculture andIrrigation certified that the production of the documents in question would be prejudicialto the safety and interest of the State. The Government also invoked the second Provisoto Rule 270. The Minister’s request was acceded to by the Speaker.

(iv) The PAC while examining audit para 27 of the report of Comptroller & Auditor Generalof India for the year 1974-75 asked for certain documents from the Ministry of Food. TheMinistry of Food invoked the second Proviso to Rule 270. On the attention of the Ministrybeing drawn to the well established convention of making secret documents available tothe Chairman of the Committee, the Minister of State for Agriculture and Irrigation discussedthe matter with the Speaker, Lok Sabha. While acceding to the request of the Minister, hedirected that the papers might be shown to the Chairman only. Accordingly, the paperswere 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 availableto the Chairman. However, he directed that as the documents were very voluminous, thesame should be made available to the Director of Audit (Comptroller & Auditor Generalof India) for comprehensive examination. As the documents were not made available to theAudit, the matter was again taken up with the Secretary/Ministry of Defence. The Ministerof Defence informed the Chairman that all the documents except one had been madeavailable to the Audit. He also reiterated that the document in question could be shownto the Chairman, PAC which was accepted by the Chairman.

(vi) The Committee of Privileges during the course of examination of a question of privilegeagainst the Editors of Indian Express, Financial Express and Jansatta for allegedly castingreflections on a member of Parliament, in an article captioned “An MP and two Accounts”published in their issues dated 14 March 1988, called for from the Ministry of Financecertain documents relevant to the matter pending consideration before the Committee. TheMinistry of Finance, while sending the requisite documents, stated that since the saiddocuments 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 hewould have any objection to the Chairman showing the said documents or he wouldlike to certify that the documents could not be made available to members of theCommittee on the ground that their disclosure would be prejudicial to the safety orinterest of the State. On the Ministry of Finance intimating, with the approval of theMinister of State for Finance, that the disclosure of the documents was not consideredto be prejudicial to the safety or interest of the State, the Chairman made the saiddocuments available to the members for perusal during the course of the sitting of theCommittee on 14 July 1988.

147. Rule 270, First Proviso.

148. Dir. 60(1).

The Home Secretaries to the Government of Punjab, Uttar Pradesh and West Bengal were, withthe permission of the Speaker, examined by the Joint Committee on the Arms Bill, 1958,on 14, 15 and 18 July 1959.

794 Practice and Procedure of Parliament

Where the Speaker decides that it is not necessary to summon a particular Stateofficer as a witness or that the State Government need not be asked to produce apaper, document or record, his decision is conveyed to the Committee through itsChairman149.

A Committee can take evidence of experts, public bodies, associations, individualsor interested parties suo motu or on requests made by the persons or bodies interestedin or affected by the subject matter under consideration or examination of theCommittee150. In the case of a Select or Joint Committee on a Bill, if the Committeedecides to hear evidence, it issues generally a press communique151 inviting interestedparties to send written memoranda containing their views on the Bill. After consideringthe written memoranda received from the persons or organisations, the Committee orthe Chairman, when so authorised, selects the parties who may be called to giveevidence before the Committee. It is also within the discretion of a Select or JointCommittee on a Bill to invite written opinions on a Bill from experts or individualsor organisations instead of hearing them152. Where a Ministry, Department or anUndertaking is required to give evidence before a Committee on any matter, it isrepresented by the Secretary or the head of the Department or the Undertaking, as thecase may be153. If for any reason such an officer cannot attend a Committee on anyparticular occasion, the Chairman of the Committee, may, on a request being madeto him, permit any other senior officer to represent the Ministry, Department orUndertaking before the Committee on that occasion154. If required by a Committee,the Ministry, Department or Undertaking concerned has to furnish for circulation tothe members of the Committee sufficient number of copies of any memorandumcontaining its views on the matter under consideration well in advance of the date onwhich its representatives have to give evidence before the Committee.155

The Law Secretaries to the Governments of Himachal Pradesh, Punjab, Uttar Pradesh andMaharashtra were, with the permission of the Speaker, examined by the Joint Committee on theCriminal Law (Amendment) Bill, 1980 on 30 June, 1, 4 and 27 July 1981, respectively.

149. Dir. 60(2).

150. Dir. 57(1).

151. See, for example, reports of Joint 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 Joint Committee on the University Grants Commission Bill, 1954, invited written opinionson the Bill from the Vice-chancellors of all Indian Universities instead of calling them for oralevidence.

153. Dir. 59(1).

On 9 July 1951, the Public Accounts Committee postponed examination of accounts relatingto the Supreme Court when they noticed that an Assistant Registrar of the Supreme Court hadbeen deputed to attend the sitting.

In August 1955, on finding a Deputy Secretary deputed to represent the Ministry of Rehabilitationat their sitting, the Public Accounts Committee deferred consideration of the accounts of thatMinistry till the Secretary of the Ministry himself appeared before the Committee.

154. Dir. 59(1), Proviso.

155. Dir. 59(2).

Parliamentary Committees 795

Procedure for Securing Attendance of Witnesses

A witness includes a representative of a Ministry, Department, Public Undertakingor any organisation or any other person. A witness may be called either by a letter orby issue of a formal summons to give evidence before a Committee and/or to producebefore it any document required by the Committee156. Generally, a letter is addressedand formal summons are issued to a witness only when a Committee is conductingan investigation of a judicial character.

If a witness fails to appear before a Committee when summoned or called bya 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 bythe Committee.

If a witness to be examined by a Committee is in jail, his attendance before theCommittee, if considered necessary, is secured through the Home Ministry and theState 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 detenudetained under orders of the Punjab Government, the Home Ministry and thePunjab Government were asked in writing and telegraphically, respectively,to ensure the detenu’s appearance before the Committee on February 4 at15.00 hours. The detenu who was then in the Central Jail, Delhi, was broughtto Parliament House on the appointed date and time under police escort andwas 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 andWard Officer conducted the detenu to the waiting room for witness. Fromthere, the staff attending the Committee took the detenu to the CommitteeRoom. After his evidence before the Committee, he was conducted to themain gate by the Watch and Ward Officer and handed over to the waitingpolice 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 judicialcharacter, a witness may be permitted to be represented or accompanied by a counsel158.

Evidence on oath: Ordinarily, oath or affirmation is not administered to witnessesappearing before the Committees. An oath or affirmation is administered to a witnessonly where the investigation is of a judicial or quasijudicial nature and the truth ofthe facts has to be ascertained159.

156. Rule 269(1).

157. Redesignated as Joint 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 hethinks fit, and that the Committee may hear counsel to such extent as they think fit on behalf ofany other person”—P. Deb. (II), 8-6-1951, cc. 10464-65.

159. Rule 272(1). In the Mudgal Case, and the Deshpande Case, the Committees examined witnesson oath—see Report of Committee on the Conduct of a Member (Mudgal Case), 1951, and Reportof the Committee of Privileges (Deshpande Case), 1952, respectively. Joint Committee to enquireinto Bofors Contract decided to take evidence on oath. Accordingly, all the witnesses (includingofficial witnesses) were administered oath by the Chairman—see Report of the Joint Committee.

796 Practice and Procedure of Parliament

Procedure for examining witnesses

Before a witness is called for examination, the Chairman and members of theCommittee briefly confer and decide upon the lines to be followed in the examinationof the witness and the questions to be asked of him160. The Chairman first asks thewitness such questions as he may consider necessary with reference to the subjectmatter under consideration or any subject connected therewith161. Thereafter, othermembers of the Committee may, one by one, ask the witness any other question162.In the case of a Select or Joint Committee on a Bill, where a witness is called to giveevidence after considering a written memorandum submitted by him, examination ofthe witness is confined mainly to matters not clarified in his memorandum and to suchother matters as may arise therefrom. The questions asked are confined to matters thataffect the interest represented by the witness or upon which he is competent toexpress an opinion. After all the members of the Committee have finished with theirquestions, the Chairman may ask the witness to place before the Committee any otherrelevant points which may not have been covered and which the witness thinks areessential to be placed before the Committee163. A witness may also, with the permissionof the Chairman, place before the Committee any other relevant information whichmay not have been already placed before the Committee164.

Decorum and etiquette to be observed by witnesses : All witnesses, whenappearing before a Committee or a Sub-Committee thereof, have to observe a properdecorum and etiquette consistent with the courtesy and respect due to a Committeeof Parliament. Points of conduct and etiquette to be observed by the witnesses havebeen drawn up for their guidance165. A copy of these points, where considered necessary,is either sent to the witness when he is called to appear before a Committee or shownto him when he personally comes for evidence.

Verbatim record of evidence

A verbatim record of the proceedings of a Committee is kept when a witnessis called to give evidence before the Committee166. Relevant portions of the verbatimproceedings of the sitting, at which evidence has been taken, are forwarded by theSecretariat 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 Committeeon Public Undertakings, a list of points and/or questions for oral examination of witnesses,incorporating therein any suggestions received from members of the Committee, is prepared andcirculated to the members of the Committee before the oral examination of witnesses actuallytakes place. Besides financial Committees, this practice is in vogue in several other ParliamentaryCommittees such as Committee on Subordinate Legislation, Committee on Petitions, Committeeon 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).

Parliamentary Committees 797

a specified date167. If corrected copies of the proceedings are not received back bythe specified date, the reporter’s copy is treated as authentic168. In exceptional cases,reasonable cause being shown, corrections received after the specified date may beadmitted.

Corrections, if any, must be made neatly and legibly by the witness or themember in ink in his own handwriting.

A witness or a member cannot make corrections for the purpose of improvingthe 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 mayhave occurred in the process of reporting169.

Secret or Confidential Documents submittedto a Committee not to be quoted

Whenever a secret or confidential paper or document is circulated to the membersof a Committee, the contents of such paper or document must not be divulged by anymember of the Committee either in a minute of dissent or in his speech on the floorof the House or otherwise, without the prior permission of the Speaker170. Where suchpermission has been obtained, any restriction imposed by the Speaker in regard to themanner in which, or the extent to which, the information contained in the documentmay be divulged, has to be strictly observed by the member concerned171. In the caseof a Select or Joint Committee on a Bill, although secret or confidential documentscirculated to members of the Committee cannot be referred to in minutes of dissentor speeches in the House, arguments contained in such documents may be advancedwithout quoting the source or the authority172.

Prohibition on publication of evidencebefore it is reported to the House

Evidence given before, or a document submitted to a Committee, is alwaystreated as confidential and no part thereof can be divulged or shown for reference toanyone who is not a member of the Committee unless and until the same has beenlaid on the Table173. All documents, representations or memoranda addressed to aCommittee and received in the Secretariat form part of the records of the Committeeand can neither be withdrawn nor altered without the knowledge and approval of theCommittee174. In the case of a Select or Joint Committee on a Bill, while acknowledgingreceipt of a representation or memorandum addressed to the Committee, the senderis informed that as his representation or memorandum has gone into the records ofthe Committee, the same should be treated as strictly confidential and not circulatedto 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. [JC 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).

798 Practice and Procedure of Parliament

until the same has been presented to the House either along with the report of theCommittee or separately175. If any person seeks permission to make use of therepresentation or memorandum submitted by him to a Committee, he is, when sopermitted, required to make use of only the arguments or points contained in hisrepresentation or memorandum without alluding to the fact that such considerationshave also been urged by him in the representation, etc. submitted to the Committee176.When copies of the relevant portions of the verbatim proceedings of the sitting of aCommittee at which evidence has been given are forwarded to a witness or a memberfor correction and return, he is informed that it is neither permissible to take outcopies of those proceedings nor can the proceedings be quoted anywhere or made useof in any manner without the permission of the Committee.

It is a breach of privilege for any person to publish any part of the evidencegiven before, or any document submitted to, a Committee before such evidence ordocument has been reported to the House.

It is at the discretion of the Committee to treat as secret or confidential anyevidence, oral or written, given before it177. Even where a witness expressly desireshis evidence to be treated as confidential, the Committee may decide otherwise andmake it available to the members of the House178; where the Committee decides totreat the evidence as confidential, it is not printed along with other evidence norpresented to the House but the Committee may decide to place a few copies thereofin the Library for reference by members only179. However, all evidence given beforeand documents submitted to a Committee are available to all members of theCommittee180. Generally, the verbatim record of evidence given before a Committee

175. Dir. 74.

176. Permission to publish the representations/memoranda submitted to the Joint Committee on theCompanies Bill, 1953, and the Joint Committee on the Merchant Shipping Bill, 1958, was refusedto 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 toprint the written evidence submitted by them to the Joint Committee on the Companies Bill, 1953,because the documents in question had not till then been laid on the Table, even though thatevidence was to form part of the record for official use only.

Permission to make use of arguments or points contained in their representations or memorandasubmitted to the following Committees was granted to certain persons and associations:

Joint Committee on the Merchant Shipping Bill, 1953; Select Committee on the Wealth TaxBill, 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 Institute’sproposed publication, the full text of evidence given by him and Santhanain before the JointCommittee 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 them before the following Select/Joint Committees was treated as confidential and it was not printed with the evidence of otherwitnesses:

(i) Joint Committee on the Arms Bill, 1958; (ii) Select Committee on the Taxation Laws(Amendment) Bill, 1973; (iii) Joint Committee on the Marriage Laws (Amendment) Bill, 1982;(iv) Joint Committee on the Life Insurance Corporations Bill, 1983.

180. Rule 273(vi).

Parliamentary Committees 799

is kept with the Secretariat for reference by members of the Committee, but onoccasions such record of evidence or a summary thereof has been circulated to membersof the Committee181.

Laying of Evidence on the Table

It is for the Committee to decide if the whole or part of the evidence givenbefore them or a summary thereof should be laid on the Table182. The general practicein this regard varies from Committee to Committee. The Committee on Estimates hasdecided that the evidence it takes need not normally be published with its reports183.A resume of the evidence is invariably embodied on the minutes of the sittings of theCommittee which are laid on the Table as soon as possible after the presentation ofthe report to which they relate.

Where evidence was taken by the erstwhile Sub-Committee on PublicUndertakings of the Committee on Estimates, the minutes of the sittings atwhich evidence was taken were laid on the Table together with the minutesof the sitting of the whole Committee at which the report of the Sub-Committeewas adopted by the whole Committee184.

The evidence given before the Committee on Public Accounts is also not normallylaid on the Table. Where, however, the Committee on Public Accounts decides to laythe evidence on the Table, it is printed in the form of a separate volume which isdeemed to form part of the report of the Committee dealing with the relevant accountsand audit report thereon. Evidence given before a Sub-Committee of the Committeeon Public Accounts is not printed verbatim; only the minutes of the Sub-Committeeare appended to its report which, on approval by the Committee, are included in the

181. Verbatim record of evidence given before the following Select/Joint Committee was circulated tomembers of the Committee:

(i) Select Committee on the Life Insurance Corporation Bill, 1956; (ii) Joint Committee on theCriminal Law (Amendment) Bill, 1980; (iii) Joint Committee on the Lokpal Bill, 1985; and(iv) Joint Committee on the Railways Bill, 1986.

A summary evidence given before the Joint Committee on the Companies Bill, 1953, wascirculated to members of the Committee.

In the case of the Estimates Committee and Public Accounts Committee, only the minutescontaining a resume of evidence given before these Committees are circulated to members of theCommittee.

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 thewitnesses 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 freeand frank expression of views by witnesses. Especially in the case of non-official witnesses, whospeak in confidence, their evidence has been found to be of great value by the Committee inarriving at proper conclusions. If the evidence of the non-official witnesses is to be published, theymay be hesitant to speak out so frankly and, in some cases, they may even be reluctant to giveevidence before the Committee.

184. Min. (EC), 11-4-1960.

800 Practice and Procedure of Parliament

report of the whole Committee185. The evidence given before the Committee ofPrivileges, unless decided otherwise by the Committee186, forms part of, and isappended to, the report of the Committee which is laid on the Table187. If a Selector Joint Committee on a Bill decides that the evidence given before it need not belaid on the Table, it does not form part of the report of the Committee188. Where itis decided that only a summary of the evidence may be laid on the Table, the evidenceis printed in summary form as part of the report presented to the House189. In the caseof a Select or Joint Committee on a Bill, laying of evidence on the Table in extensois more common and where the Committee so decides, the evidence is printed in aseparate volume190. Similarly, memoranda, etc. submitted by organisations, associationsor individuals who give evidence before a Select or Joint Committee on a Bill may,if the Committee so decides, be laid on the Table as an Appendix to the evidence191.The Committee may also decide that such memoranda, etc. need not be laid on theTable along with other evidence but a few copies thereof may be placed in the Libraryfor reference by members192.

Circulation of Evidence to Members of the House

Copies of the evidence given before a Committee are made available to membersof 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 hisdiscretion, direct that such evidence be confidentially made available to membersbefore it is formally laid on the Table193.

Sub-Committees

A Sub-Committee, having the powers of the whole Committee, may be appointedby 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 to1953-54, the Public Accounts Committee adopted the report of the Sub-Committee as its reportand 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 JCs on the Displaced Persons Compensation and Rehabilitation Bill, 1954; theCode 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 LifeInsurance Corporation Bill, 1956 and Joint Committees on the Companies Bill, 1953, the MotorVehicles (Amendment) Bill, 1955 and Joint 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 Joint 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 InsuranceCorporation Bill, 1956, the Joint Committee on the Arms Bill, 1958, Joint Committee on theMental Health Bill, 1978 and the Joint 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 Libraryfor reference by members.

193. Rule 275(3), Proviso.

Parliamentary Committees 801

requires detailed study or investigation194. The order of reference to a Sub-Committeeclearly states the point or points for investigation195. The members of a Sub-Committeeare appointed from amongst the members of the whole Committee. If the Chairmanof a Committee is a member of a Sub-Committee thereof, he automatically becomesthe Chairman of the Sub-Committee. Otherwise, the Chairman or the convener of aSub-Committee is appointed by the Chairman of the whole Committee196. The Chairmanof the Committee on Estimates is usually the Chairman of the Sub-Committee onDefence and in the case of the Accommodation, Sub-Committee of the HouseCommittee, the Chairman, House Committee, is the ex officio Chairman of the Sub-Committee197.

The procedure followed in the Sub-Committee is, as far as practicable, the sameas in the whole Committee198. The Chairman of the whole Committee may, subjectto any general or special directions issued by the Speaker, gives such directions onmatters of procedure to the Chairman or convener of a Sub-Committee as may benecessary for the regulation and organization of work of the Sub-Committee199.

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 theSub-Committee is approved at the sitting of the whole Committee, it is deemed to bethe report of the whole Committee200. The report of a Sub-Committee may also beappended to the report of the whole Committee when the latter is presented to theHouse or the Speaker201.

Record of Decisions of a Committee

Minutes of sittings

Soon after each sitting of a Committee, minutes of the proceedings of thesitting, giving names of the members and officers present, the duration of the sittingand the decisions arrived at are prepared and, after approval by the Chairman or themember who presided at the sitting, circulated to the members of the Committee202.However, in the case of the Committee on Public Accounts, only consolidated minutesof the sittings of the Committee relating to the examination of particular accounts arecirculated 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 Joint Committee of the Houses to examine thequestion of the working of the Dowry Prohibition Act, 1961. The report of the Sub-Committeewas submitted to the Joint Committee on 6 August 1982.

201. See reports of Joint Committee on the Companies Bill, 1953, Select Committee on the Representationof the People (Second Amendment) Bill, 1955, Committee on Offices of Profit, 1955, and JointCommittee on the Parliament (Prevention of Disqualification) Bill, 1957.

202. Rule 274 and Dir. 66.

802 Practice and Procedure of Parliament

are generally circulated only to members of the Sub-Committee, but in the case of aSub-Committee of the Committee on Public Accounts, minutes of the sittings at whichevidence is given are circulated to members of the whole Committee.

Where considered necessary, a copy of the minutes of a sitting of a Committeeor Sub-Committee or relevant extracts therefrom may also be sent to the Ministry orother authority concerned203. If any member desires to make any alteration in theminutes on the ground that they are not in conformity with the decision arrived at, thematter is considered by the Committee or Sub-Committee at its next sitting and thedecision taken thereon is incorporated in the minutes of the sitting204. The minutes aretreated as confidential until presented to the House205.

Laying of minutes on the Table: The practice regarding laying of the minutesof 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 PurposesCommittee and the Joint Committee on Salaries and Allowances of Members ofParliament are not laid on the Table. In the case of the Committee on Absence ofMembers from the Sittings of the House, Government Assurances, Petitions, andPrivate Members’ Bills and Resolutions, the minutes of the sittings held during asession are laid on the Table by the Chairman or, in his absence, by any other memberof the Committee, before the termination of the session206. If any of these Committeesholds its sittings when the Lok Sabha is not in session, the minutes of those sittingsare laid on the Table during the next Session at the first convenient opportunity207.In the case of the Committee of Privileges, Committee on Public Accounts, Committeeon Subordinate Legislation, Joint Committe on Offices of Profit, and Select or JointCommittees on Bills, minutes of the sittings of the Committee form part of, and areappended to, the relevant report of the Committee which is presented to, or laid onthe Table of the House208. Minutes of the sittings of the Committee on Estimates arelaid on the Table as soon as possible after the presentation of the report to which theyrelate209. Minutes of the sittings of the Rules Committee either separately are laid onthe 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 Ministrybut 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 theDepartment of Parliamentary Affairs.

In the General Purposes Committee and the House Committee, when so decided, relevantextracts from the minutes are forwarded to the Ministries/Departments concerned for necessaryaction.

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 (JCOP)and Rule 9 of IR (S/JCs).

209. Rule 17 of IR (EC).

Since 1958-59, minutes of the sittings of the Committee on Estimates are compiled separatelyfor each report or group of reports or Ministry-wise as may be convenient and are laid on the Table

Parliamentary Committees 803

absence, by any other member of the Committee soon after the relevant report hasbeen so laid210 or the Minutes are appended to the relevant report when it is laid onthe Table. Usually an entry is made in the List of Business for the day on which theminutes of sittings of a Committee are to be laid on the Table211.

Reports of Committees

The Report of a Committee may be either preliminary or final212. A Committeemay, if it thinks fit, make a special report on any matter that arises or comes to lightin the course of its work, and which it may consider necessary to bring to the noticeof the Speaker or the House, notwithstanding that such matter is not directly connectedwith, or does not fall within, or is not incidental to, its terms of reference213.

Time limit for presentation of report

Standing Parliamentary Committees generally present their reports to the Houseor to the Speaker, as the case may be, from time to time214.

Where a matter is referred to a Committee by the House and the House has notfixed any time for presentation of report by the Committee, the report is required tobe presented to the House within one month of the date on which the reference wasmade to the Committee215.

Extention of time for presentation of report

If a Committee anticipates that it will not be possible for it to present its reportto 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 theHouse. Prior to 1958-59, the practice was to compile the entire minutes relating to the sittings ofthe Committee held during a year in convenient volumes and to present them to the House afterthe 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 theHouse before its final report—12R and I3R(CPR-2LS).

213. Rule 276.

Two special reports were presented to the Speaker by the Committee on the Conduct of aMember (Mudgal Case, 1951).

Two special reports on the working of the various Cess Funds were presented to the House bythe Public Accounts Committee—19R and 20R (PAC-2LS).

214. Dir. 68(1).

On account of the nature of their work, the General Purposes Committee, the House Committeeand the Joint Committee on Salaries and Allowances of Members do not make any formal reportseither to the House or to the Speaker. Other Standing Parliamentary Committees present theirreports generally to the House. In the case of the Committee of Privileges where a question ofprivilege has been referred to the Committee by the Speaker under Rule 227, the report ispresented 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).

804 Practice and Procedure of Parliament

absence, any other member of the Committee, to move a motion in the House forextension of time for the presentation of the report216. The motion is then moved inthe House by the person so authorised and the date up to which extension of time issought is specified in the motion on a reasonable presumption that the House wouldbe in session on that date. If the House is not in session or is not likely to re-assembletill after the expiry of the date fixed for the presentation of the report, the Chairmanof the Committee, on being so authorised by the Committee, moves the Speaker togrant the required extension of time on behalf of the House217. Where the Speakergrants an extension of time on behalf of the House, he informs the House of it as soonas it re-assembles218. In the case of a Joint Committee of the Houses, if the Speakergrants an extension of time on behalf of the House, a message is sent to theRajya Sabha informing that House about the extension granted by the Speaker219.

Preparation and circulation of draft report

The draft report is prepared by the Secretariat on the basis of the minutes of thesittings of the Committee220, and consists of the substance of the deliberations of theCommittee together with their recommendations. In the case of a Select or JointCommittee on a Bill, the draft report is prepared on the pattern laid down in adirection issued by the Speaker on the subject221. Where a Committee has takenevidence, the fact is specifically mentioned in the report of the Committee222. In thecase of a Select or Joint Committee on a Bill, when any petitions, representations ormemoranda on the Bill are received by the Committee, the report states the numberof such documents, their particulars and the action taken by the Committee thereon223.

The draft report as prepared by the Secretariat is placed before the Chairmanof the Committee for approval224.216. Rule 277(1). Proviso.

217. For instance, extension of time was granted by the Speaker on behalf of the House in the caseof Joint Committee on the Code of Civil Procedure (Amendment) Bill, 1955, and Joint Committeeon 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, thenames of the witnesses who give evidence before the Committee appear in the minutes of thesittings of the Committee below the names of the members of the Committee.

In the case of a Select or Joint 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 onwhich they gave evidence before the Committee.

223. Dir. 83.

See, for example, reports of Joint 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 Joint Committees on Bills, draft report is first sent to theDraftsman and representatives of the Ministry attending the sittings of the Committee for factualverification and return—see this Chapter, under ‘Select and Joint Committees on Bills’.

Parliamentary Committees 805

After the draft report has been approved by the Chairman, cyclostyled or proofcopies thereof, together with any other documents connected therewith are, under thedirections of the Chairman, circulated to members of the Committee well in advanceof the date fixed for the consideration of the draft report by the Committee225.

Consideration and adoption of draft report by Committee

On the date fixed for the consideration226 of the draft report by the Committee,the Chairman reads out the draft report paragraph by paragraph, putting the questionto the Committee at the end of each paragraph, “That the paragraph do stand part ofthe report”227. A member objecting to any part of the report as not being in conformitywith the decisions arrived at by the Committee may propose an amendment. Theamendment, if accepted by the Committee, is incorporated in the report228.

After the report is adopted by the Committee, it is signed by the Chairman onbehalf of the Committee. If the Chairman is absent or is not readily available, theCommittee may choose another member of the Committee to sign the report on theirbehalf229. The Committee also fixes a date for the presentation of the report to theHouse 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 amajority of members of the Committee present and voting230. Except in the case ofSelect or Joint Committees on Bills231, 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 Joint Committees on Bills’. The Joint Committee to enquire into BoforsContract, at their sitting held on 15 April 1988, decided that in view of the sensitive nature ofthe subject under examination, the copies of the draft report need not be circulated to the membersin advance. Instead, the report might be studied by the members in the Committee Room itselfand one sitting of the Committee might be devoted for the purpose. Accordingly, copies of draftreport were circulated to the members in the Committee Room at the sitting of the Committee heldon 21 April 1988—Min. (JC 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 fromthe 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 approvalby the Speaker, who is the ex-officio Chairman of the Committee, laid on the Table in terms ofRule 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 membersof the Committee to be available to sign the report when it is finalised. Besides, issues in aCommittee are decided by a majority of votes of members present and voting and, as such, theChairman is the most appropriate person to authenticate the decisions arrived at by the Committeeand 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 orJoint Committees on Bills, see this Chapter, under ‘Select or Joint Committees on Bills’.

806 Practice and Procedure of Parliament

minutes/notes of dissent are not appended to the reports of the Committees232, thereason being that the Committees, working as they do on behalf of the House, functionas one entity and their decisions are as far as possible unanimous, irrespective ofparty affiliation of the members of the Committee. Where it is not possible to reachunanimity in a Committee, the majority decision prevails. If a minute of dissent isallowed, issues in a Committee are likely to be judged and decided upon on partylines233. Further, this may harden the attitude of individual members and there maybe little incentive to compromise. The inclusion of majority and minority views in areport of the Committee would not only detract from the value of their recommendationsbut it would also weaken the impact of those recommendations on the executivewhich is charged with their implementation. On the other hand, in the case of a Selector Joint Committee on a Bill, the Bill referred to the Committee is again consideredby the House along with the report of the Committee. The House considers all theviews contained in the report and yet it is at liberty to arrive at its conclusionsindependently of the recommendations of the Committee.

Making the Report available to Government before Presentationto the House

Normally, no part of the report of a Committee can be divulged or shown toanyone who is not a member of the Committee until the report has been presented tothe House or laid on the Table234. The Committee may, however, if it thinks fit, makeavailable 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), somemembers 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 from the minutesof 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 itsmembers to append to the report a note urging freedom from arrest of members under the PreventiveDetention Act during sessions of the House and also declaring the District Magistrate, Delhi, tobe guilty of sending misleading information to the Speaker—Report of the Committee of Privilegeson the Deshpande Case, 1952.

In the case of the Joint Committee to enquire into Bofors Contract, when the Committee wereconsidering their draft report, a member desired to know whether he could append a note/minuteof dissent to the report. The Chairman observed that in view of the provisions of Dir. 68, no noteor minute of dissent could be appended to the report. The member then addressed a letter to theSpeaker, requesting that he might give direction to the Chairman to ‘record and include the noteof dissent’ by him or by any other members, if any. The Speaker, thereupon, directed that the noteby the member might be appended to the report. The member was asked to give his note by13.00 hours on 25 April 1988. The note in question was received in the Speaker’s office at10.55 hours on 25 April 1988. The Committee considered the said note at their sitting held onthe same day and as per direction of the Speaker, decided to append the note received from themember after adoption of the report of the Committee as ‘Post Script’. See Report of the JointCommittee to enquire into Bofors Contract.

233. Contrary views of members in the case of Financial Committees are recorded in the minutes ofthe 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.

Parliamentary Committees 807

before presentation to the House235. While forwarding such reports to a Ministry/Department, it is enjoined on them to treat the contents of the reports forwarding suchreport as ‘confidential’/‘secret’ until they are finalised and presented to the House236.

Presentation of Report to the House or the Speaker

When the report of a Committee is to be presented to the House, an entry isusually made in the List of Business for the relevant day. The report is presented tothe House by the Chairman of the Committee or, in his absence, by any other memberof the Committee who is so authorised by the Committee and while presenting thereport he confines himself to a brief statement of fact. There is no debate on thestatement or the report at this stage237. In the case of Joint Committees, a copy of thereport is also simultaneously laid on the Table of the Rajya Sabha by a member ofthe 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 mayauthorise its Chairman to present the report to the Speaker238. The Committee may,in appropriate cases, make a specific request to the Speaker that he may direct thatmatters of factual nature or patent errors be corrected in the report before it is printed,published or circulated and later presented to the House239. A report of the Committeewhich has been presented to the Speaker when the House is not in session is presentedto the House during the next session at the first convenient opportunity by the Chairmanor, in his absence, by another member of the Committee240 who, while presenting thereport, confines himself to a brief statement to the effect that the report was presentedto the Speaker when the House was not in session, and where the Speaker had givenorder for its printing, publication and circulation, that fact is also reported to theHouse241.235. Rule 278.

Advance copies of the reports of the Public Accounts Committee are not usually forwarded toGovernment. There have been two exceptions when advance copies of 6R and 8R (PAC-1LS) wereforwarded 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 tothe concerned Ministry or Department or Undertaking and also to the accredited Division of theMinistry of Finance for verification of factual details.

Draft reports of the Committee on Estimates which concern more than one Ministry areusually sent to the Ministry of Finance (Deptt. of Expenditure) which acts as a co-ordinatingagency.

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 Housewas not in session then and it was not likely to assemble again till March 1957, the report waspresented by the Chairman to the Speaker who ordered its publication and circulation tomembers—Bn. (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 ofthe Lok Sabha by the Secretary on 9 July 1979. See L.S. Deb., 9-7-1979, cc. 294-95. AlsoBn. (II), 4-7-1979, para 1485.

241. Dir. 71A(5).

808 Practice and Procedure of Parliament

If, after presentation of the report to the Speaker, the Lok Sabha is dissolvedbefore the report could be presented to the House, a copy of the report is laid on theTable of the new House by the Secretary-General. While laying the report on theTable, the Secretary-General makes a statement to the effect that the report of theCommittee was presented to the Speaker of the preceding Lok Sabha before itsdissolution. Where the Speaker had ordered that the report be printed, published andcirculated, that fact is also reported to the House by the Secretary-General242. In thecase 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 inpractice it is guided by conventions in regard to the reports of some Committees, andby the Rules in respect of the other Committees. In relation to the action taken or nottaken by the House on them, the reports of Parliamentary Committees may be dividedinto four broad categories:

reports which are not discussed; reports whichare always discussed; reports which arediscussed and adopted; and reports which mayor 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 PublicUndertakings; Committee on Subordinate Legislation; Committee on Govern-ment Assurances; Committee on Petitions; Committee on Papers Laid on theTable; Committee on the Welfare of Scheduled Castes and Scheduled Tribes.Committee on Empowerment of Women and Departmentally Related StandingCommittees.

A discussion may be allowed to be raised in the House in respect of a reportof these Committees only if there is a serious disagreement between a Committee andthe Government on a specific issue. Such a situation has arisen only once since 1947243.

Reports which are discussed by the House

The reports of Select or Joint Committees on Bills are not formally adopted butthey are always discussed when the Bills as reported by them are considered.

After the presentation of the final report of a Select or Joint Committee on aBill, 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, wasdiscussed in the Lok Sabha on 22 August 1966, on a motion for consideration of the report movedby a private member—see this Chapter under ‘Public Accounts Committee’.

Parliamentary Committees 809

into consideration244. The debate on such a motion is confined to a consideration ofthe report of the Committee and the matters referred to in that report or of anyalternative suggestions consistent with the principle of the Bill245.

Reports which are discussed and adopted by the House

Reports of the Business Advisory Committee and the Committee on PrivateMembers’ Bills and Resolutions fall under this category. In the case of these reports246,motions are moved that the House agrees, or agrees with amendments, or disagreeswith them and the recommendations contained in them can be implemented only afterthe reports are adopted by the House. Amendments may be moved to such a motionthat the reports may be referred back to the Committee without limitation or withreference to any particular matter. The time allotted for discussion on such motionsis 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, RulesCommittee and the Committee on Absence of Members. Motions for consideration ofthese reports are moved only in certain cases247. As regards the ad hoc Committeeswhich present their reports to the Speaker or the House, it is open to the House todiscuss them or not248. The reports of Committees which are presented to the Speakercan be discussed only if the Speaker has caused such reports to be laid on the Table.

Disagreement between aCommittee and the Government

The recommendations of a Parliamentary Committee are normally accepted andimplemented by the Government. If in regard to any recommendation the Governmenthold a view different from that of the Committee, the Government have to apprise theCommittee of the reasons that might have weighed with them in not accepting orimplementing the recommendation. The matter is considered by the Committee anda 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 statementon the Table on 11 August 1953, without placing the views before theCommittee in the first instance. The Committee sought the Speaker’s guidancein the matter, who directed that a circular should be sent to all the Ministrieslaying down that in those cases where Government were not in a position toimplement a recommendation made by a Committee and the Governmenthad reasons to disagree with the recommendation of the Committee, the

244. Rule 77.

245. Rule 78—see 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 Joint Committee to enquire into Bofors Contract, which was presented to the Houseon 26 April 1988, was discussed by the House on a motion under Rule 193—L.S. Deb., 4-5-1988,cc. 505-625 and 628-74; 5-5-1988, cc. 346-421.

810 Practice and Procedure of Parliament

Ministry concerned should, in consonance with the well-established procedure,place its views before the Committee who may, if it thinks fit, present afurther report to the House after considering the views of the Government inthe matter.

Where a difference of opinion between the Committee and the Governmentremains 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, isprinted either before or after its presentation to the House or the Speaker as may beconvenient249. Normally, the report of a Committee is printed before it is presentedto the House. Where, however, time is too short to get a report printed, the report maybe presented to the House in cyclostyled or typed form250. The report is printed assoon as possible thereafter. Until a report is presented to the House, it is treated asconfidential251. It becomes a public document only after its presentation to the House252.

The report of a Select or Joint Committee on a Bill, including notes or minutesof dissent, if any, and the Bill as reported by the Committee, are also published in theGazette after presentation to the House for information of the public253. Where thereport of a Committee has been presented to the Speaker when the House is not insession, the Speaker may, when so requested, order the printing, publication orcirculation of the report254. Where a report is so published or circulated under ordersof the Speaker, that fact is notified in the Bulletin for information of members255.

Circulation of Reports

As soon as possible after the presentation of the report to the House, copiesthereof are circulated to members of the Lok Sabha, Ministries/Departments of theGovernment of India and such other persons or authorities as may be determined fromtime to time256. Copies of the report are also supplied to press correspondentsimmediately after the presentation of the report to the House and made available tothe public at the Sales Counter of the Secretariat and through other authorised sellingagencies all over the country.

In the case of a Select or Joint Committee on a Bill, copies of the report alongwith 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 Joint Committees on Bills, the general practice is to present the report ofthe Committee to the House in cyclostyled or typed form together with the Bill as reported by theCommittee 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).

Parliamentary Committees 811

of other Joint Committees are also sent to the Rajya Sabha Secretariat for circulationto members of the Rajya Sabha.

If the report of a Committee has been presented to the House in cyclostyled ortyped form, a few copies of the report are placed in the Library immediately after thepresentation of the report to the House for reference by members. Printed copies ofsuch a report are circulated to members and others concerned as and when they areavailable. In the case of a report which is presented to the Speaker when the Houseis not in session and which has been printed and circulated under orders of theSpeaker prior to its presentation to the House, the report is released to the press onlyafter a week from the date of despatch of copies to members257.

Effect of Prorogation on BusinessPending before Committees

Any business pending before a Committee does not lapse by reason only of theprorogation of the House and the Committee continues to function notwithstandingsuch prorogation258. Even in the old Central Legislature, although there was no specificprovision to that effect in the Standing Orders, in actual practice every pendingbusiness before the Committees survived prorogation of the Assembly. Bills pendingin Parliament do not lapse consequent on prorogation of the Houses259. On a pointraised 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 reportedupon by the Committee even when the House itself was not sitting or when it hadbeen prorogued260.

In 1956, a question arose whether a Parliamentary Committee, not connectedwith the consideration of a Bill, could function during the intersession period,notwithstanding the fact that the parent body, viz, the Lok Sabha itself had beenprorogued. 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 theRules of Procedure so provide. There would seem to be nothing incongruous in the Committeesfunctioning when, the parent body is unable to function. The parent body would by itsprocedural rules authorise the Committees to function so that the power and the authority ofthe Committees to function will be derived from the parent body.261

257. Dir. 73.

67R and 68R (EC-1LS) were presented to the Speaker on 29 March 1957, by which time theLok Sabha had adjourned sine die. These reports were printed and circulated to members of theLok Sabha with the approval of the Speaker under Rule 280. The reports were released to the pressone week after their circulation to members.

The intention behind the practice is that a report should be made available to others only afterthe 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.

812 Practice and Procedure of Parliament

The Rules Committee (First Lok Sabha) concurred with the above opinion andwith a view to putting the matter beyond any doubt and also confirming the establishedpractice—which had been in existence since the inception of the old Central LegislativeAssembly—recommended262 a new rule which specifically provided that any businesspending before a Committee did not lapse by reason only of the prorogation of theHouse and that the Committee continued to function despite such prorogation263.

The drastic consequences commonly associated with the prorogationin the United Kingdom have attended in India not on prorogation but onlyupon dissolution of the Lok Sabha. In the United Kingdom, the effect ofprorogation and dissolution of Parliament on pending business is practicallythe same. In India, right from the beginning of the old Central Legislature,a distinction has been made between prorogation and dissolution in so far astheir effect upon pending business is concerned. Prorogation has alwaysbeen understood as not constituting an interruption in continuity of the lifeof the House and its Committees whereas dissolution has been taken asmarking 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 itsterm or before the dissolution of the Lok Sabha, it reports that fact to the House264.In such cases, any preliminary report, memorandum or note that may have beenprepared by the Committee or any evidence that may have been taken by it is madeavailable to the succeeding Committee265. The work of the Committee on Estimates,being of a continuous nature, the general practice has been that the work left unfinishedat the end of the term of a Committee is taken up for examination by the succeedingCommittee from the stage where it was left266. Likewise, scrutiny of replies orstatements of action taken by the Ministries or Departments of the Government ofIndia on the reports of the Committees is also of a continuous nature. Any unfinishedpart of such scrutiny consequent on the expiry of the term of a Committee or on thedissolution of the Lok Sabha is taken up by the succeeding Committee from the stagewhere it was left by the previous Committee267. Similarly, all assurances, promises,undertakings which remain unimplemented at the expiry of the term of the Committeeon Government Assurances are pursued by the succeeding Committee which reportupon their implementation to the House. In respect of the assurances, promises orundertakings 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 recommendationscontained in 86R (EC-2LS); 1R (EC-3LS) re. action taken by Government on the recommendationcontained in 81R (EC-2LS); 42R (PAC-2LS) showed inter alia action taken on recommendationscontained in 18R; and 25R (PAC-2LS) 7R (PAC-2LS) showed inter alia action taken onrecommendations contained in 16R and 23R (PAC-1LS).

Parliamentary Committees 813

Lok Sabha, the general practice followed by the Committee on Government Assurancesis to select such of the assurances, etc. as are of a substantial character and ofconsiderable public importance and to incorporate them in their report to the Housewith a specific recommendation to the effect that those assurances, promises andundertakings might be implemented by the Government268. The implementation ofsuch assurances, etc. is then watched by the succeeding Committee of the new House.

Having described broadly the salient features of Parliamentary Committees ingeneral, the rest of this chapter briefly deals with the composition, functions andworking of each Committee of the Lok Sabha and of the twenty-four DepartmentallyRelated Standing Committees.

B. INDIVIDUAL COMMITTEES

Business Advisory Committee

The Business Advisory Committee consists of the Speaker and not more thanfourteen other members nominated by him269. The Speaker is the ex officio Chairmanof the Committee.

The Committee is nominated at the commencement of a new House after aGeneral Election and thereafter, from time to time. No specific term of its office islaid down in the Rules but like all other Parliamentary Committees, it holds officeuntil a new Committee is nominated270. In practice, however, a new Committee assumesoffice on the first day of June every year271. Casual vacancies are filled by nominationof new members for the unexpired term of the Committee.

The need to have a Committee of the House entrusted with the task of allocatingtime to various Government legislative and other business was greatly felt by SpeakerMavalankar. In his letter of 28 March 1951 to the Leader of the House, he observedthat in the absence of any procedure regarding allocation of time in respect of variousitems of business, excepting financial matters, the Speaker was always placed in adelicate position in regard to curtailment of debate and, in particular, in accepting aclosure motion, if moved. He did not approve of the British procedure272 of an‘allocation of time’ motion as it might prove to be cumbrous and much time mightbe spent over the motion itself. The Speaker said that he would prefer to entrust theduties connected with ‘allocation of time’ to a steering Committee of the House. TheLeader of the House agreed to the suggestion, and rules were accordingly framed toset up the Committee273.

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 officetill the last day of May next year.

272. When parliamentary time is not sufficient to get through legislation, the procedure in England isthat an ‘allocation of time’ motion in regard to a number of Bills specified in the motion is placedbefore the House for discussion and after it has been adopted by the House, the Speaker isempowered to put the necessary questions to dispose of each Bill within the allotted time.

273. Min. (RC), 15-5-1951.

814 Practice and Procedure of Parliament

In view of the limited membership of the Committee and a large number ofOpposition Groups in the House, it is not possible for the Speaker to nominatemembers from each and every Group. In order to make it as broad-based as possibleso that its recommendations could be acceptable to all sections of the House, certainprominent unattached members and members from some of the Groups in theOpposition which do not find representation on the Committee, are chosen by theSpeaker and invited to attend its sittings. The Deputy Speaker, if not nominated onthe Committee, may be invited to attend its sittings as a special invitee under specificorders of the Speaker. The members so invited take part in the deliberations of theCommittee without the right to vote, and they are also not counted for the purposeof quorum. A member of the Committee, on appointment as Minister, normally resignsfrom the Committee although there is no bar to his continuance as member of theCommittee. The Minister of Parliamentary Affairs is always nominated to the Committeeas it is only through him that the views of the Leader of the House on a particularsubject are known to the Committee.

Functions

The function of the Committee is to recommend time for the discussion ofvarious stages of Government Bills and other business274 which the Speaker, inconsultation with the Leader of the House, may direct to be referred to theCommittee275. However, in practice, the Committee also recommends allocation oftime for discussion of financial business namely, general discussion on the Budget,Demands for Grants in respect of various Ministries, Finance Bill and discussion onthe Motion of Thanks on the Address by the President, though the power to allot timeto 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 referredto a Select or Joint Committee instead of being taken up into consideration andpassed straightaway276.

The Committee also selects for discussion ‘No-Day-Yet-Named Motions’ and‘Short Duration Discussions’ given notice of by private members and admitted by theSpeaker. Besides, all proposals for late sittings of the House, dispensing with thequestion hour or lunch hour, extension of sittings of the House beyond normal hoursof adjournment and fixing of additional sittings/cancellation of sittings are also generallyplaced before the Committee for its recommendation.

The priority in respect of Government business is determined by theGovernment277. In certain cases, the Committee has, however, recommended priorityto individual items of business278 or suggested the hour and date on which an item

274. The term “other business” has been defined to mean business other than private members’ Billsand 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 onPrivate 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).

Parliamentary Committees 815

of business be taken up279 or recommended postponement of certain items of businessif sufficient time was not available during the session for disposal of business placedbefore the Committee for allocation of time.

The Committee has at times suo motu recommended to the Government tobring forward a particular subject for discussion in the House and also recommendedallocation of time for such discussion280.

At times, the Committee may even recommend that any item of business maybe disposed of by the House without discussion281. The Committee may also re-examine the allocation of time already approved by the House in respect of a Bill inthe light of subsequent developments and recommend that the time be increased282 orreduced283.

The Committee may also reconsider284 the time allotted for discussion andvoting on Demands for Grants (General) to various Ministries and Departments toaccommodate the views expressed by members on the floor of the House.

Where the subject matter of two or more items of business so warrants, theCommittee recommends combined discussion of those items in the House285.

On occasions, the Committee has considered certain procedural matters286 orcertain special matters which do not lie within the scope of its normal duties287.

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 currentand 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 CulturalPolicy-An Approach Paper-35R (BAC-10LS); National Housing Policy-43R (BAC-10LS); GlobalWarming-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)] onDemands for Excess Grants (General) and (Railways), [32R (BAC-2LS), 49R (BAC-8LS)], andon 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 theReports of the Select Committees, disposal of amendments to the Estate Duty Bill—Bn. (II),17-4-1953, p. 603.

287. On 3 September 1965, in view of Pakistan’s aggression, the Committee suggested that the Ministryof Defence should make available to members every day a news bulletin giving latest positionother than what appeared in the newspapers of the day on the situation in Jammu and Kashmir.This was done by the Ministry and copies of these bulletins were kept in the Parliamentary NoticeOffice for information of members.

816 Practice and Procedure of Parliament

Method of Working

A few days before the commencement of each session, the Leader of the Housefurnishes through the Minister of Parliamentary Affairs a programme of Governmentlegislative and other business to be placed before the Committee for which allocationof time is to be made. On receipt of the proposals of the Government and subsequentlyin respect of other items of Government business announced in the House from timeto time by the Minister of Parliamentary Affairs for which allocation of time has notbeen made, the Speaker fixes the date and time for sitting of the Committee and anotice 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 concernedis felt necessary, he is also invited to attend the sitting288.

If at any sitting the requisite quorum is not made, the Speaker may informallytake the opinion of the members present as to the allocation of time to the variousitems of business listed in the notice, and in such a case the Committee does notpresent any report to the House but the Speaker informs the House of the consensusof the members present at that sitting and allots time to various items after taking thesense of the House289.

Formally the Committee does not recommend allocation of time to Bills, copiesof which have not been circulated to members. In certain cases, copies of a Bill maybe made available to members of the Committee but they are required to keep itscontents confidential till its introduction290.

Like other Parliamentary Committees, the Committee may work through itsSub-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 appointa 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 recommendto the Government as to which of the admitted motions tabled by the private membersmight be put down for discussion in the House. Since 1971, however, the practice hasbeen discontinued and these motions are now examined by the main Committee itself.

On certain occasions, ad hoc Sub-Committees have also been appointed—forexample, to prepare a detailed time-table for consideration of clauses of a Bill, tosuggest allocation of time to various Bills and other business to be taken up duringthe 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 thesitting of the Committee when the question of providing a discussion on the railway accidents wasconsidered 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 Billare circulated. For instance, on 19 November 1962, the Committee recommended allocation oftime to the Delhi Motor Vehicles Taxation Bill and the Manipur Sales of Motor Spirits andLubricants Taxation Bill, copies of which had not been circulated to members—Time is alsoallotted to a Bill, which is under consideration of the other House (Rajya Sabha) and is likely tobe taken up in Lok Sabha, 43R(BAC-14LS), 44R(BAC-14LS), 49R(BAC-14LS).

Parliamentary Committees 817

to suggest allocation of time to supplementary or excess Demands for Grants, tosuggest allocation of time for discussion of Five Year Plan, and to formulate pointson 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 Committeeor as an alternative it is circulated to members of the whole Committee and theirviews are invited by a specified hour and date. If no comments are received withinthat time, the report is taken as approved by the whole Committee. After approval ofthe Speaker, either the report is presented to the House291 or the recommendations ofthe Committee are published in the Bulletin292. In some cases, the report of the Sub-Committee has been submitted direct to the Speaker and, on approval by him, publishedin the Bulletin293. Where considered appropriate, the Speaker may make an announce-ment in the House on the recommendations of the Sub-Committee294 or direct that therecommendations be forwarded to the concerned Minister for necessary action295.

Report and Minutes

The report of the Committee, after it is approved by the Speaker or the memberwho presided at the sitting of the Committee, is presented to the House without beingplaced before the Committee.

When the Speaker presides over a sitting, the report is signed by him296 but ispresented to the House normally by the Minister of Parliamentary Affairs if he is amember of the Committee and has attended that particular sitting or by some othermember of the Committee who actually attended the sitting at which the decisionswere arrived at297.

In the absence of the Speaker from a particular sitting, the Deputy Speakerpresides over the sitting and the report is signed by him “for Chairman” if he is amember of the Committee. In case the Deputy Speaker is not a member of theCommittee, he may preside over the sitting but the report is signed298 “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 tovarious clauses of the Companies (Amendment) Bill were approved by the Speaker himself andpublished 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 forGrants, 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 theSpeaker. The change was effected on the suggestion of a member when the motion for adoptionof 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 reshuffleof portfolios of Ministers, the new Minister of Parliamentary Affairs was not a member of theCommittee. The new Minister, however, moved the motion for adoption of the report of19 February 1969 as under the rules the motion can be moved by any member—L.S. Deb.,19-2-1969, c. 196.

298. 5R (BAC-8LS); 16R (BAC-8LS); 34R (BAC-8LS); 39R (BAC-8LS); and 47R (BAC-8LS).

818 Practice and Procedure of Parliament

by the Minister of Parliamentary Affairs or some other member of the Committee whoattended the sitting299.

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 underarticle 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, maypreside over the sitting of the Committee and sign300 the report as “Chairman(Ex-Officio)”.

The report is usually presented on the same day on which the sitting of theCommittee is held. An entry regarding presentation of the report is made in theList 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 thatthe House do agree with the report of the Committee is entered301 in List of Businesson the following day in the names of two members of the Committee302. If the reportdeals with the matters other than the allocation of time to Government Business, themotion for adoption of the report may be included in the List of Business in the nameof the Deputy Speaker, if he is a member of the Committee303.

Where it is not found possible to present a report on the same day on which theCommittee held its sitting but its adoption is considered necessary by the Housebefore the business in respect of which allocation of time recommended in the reportis taken up, copies of the report are circulated to members in advance of its presentationto the House and the report is presented to the House on the following day andimmediately thereafter the motion for adoption of the report is moved304. Where thecircumstances so warrant, the report of the Committee may be presented and adoptedon the same day on which a sitting of the Committee is held. In such a case themember, while presenting the report, reads out the text to the House and copies of thereport are circulated to members after its adoption305.

Where there is no time to convene a sitting of the Committee to considerallocation of time to Government business, the Speaker may take the sense of theHouse and allot time when the item listed in the agenda is reached306.

299. 47R(BAC-14-LS) was signed by Deputy Speaker who presided over the BAC Meeting eventhough 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 Ministerof State for Parliamentary Affairs, who are usually members of the Committee. The Minister ofParliamentary Affairs, Bhisma Narain Singh, being a member of Rajya Sabha, was invited to thesittings of the Committee as a special invitee. However, reports of the Committee were presentedby 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 July 1957, the day on which thesitting of the Committee was held. The report was presented to and adopted by the House on16 July 1957—L.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.

Parliamentary Committees 819

In an urgent case, the recommendations of the Committee may be announcedin the House by the Speaker and the sense of the House taken in regard thereto307.The motion that the House do agree with the report of the Committee is normallyadopted by the House unanimously. It is, however, open to members to suggestvariation in the time recommended in respect of the various items of business or tosuggest modifications to any other recommendation of the Committee by tablingsuitable amendments308 to the motion. An amendment can also be moved that thereport be referred back to the Committee either without limitation or with referenceto a particular matter309, or the House may otherwise agree to refer it back310.

In accordance with an established convention, amendments are generally notmoved to the motion although in rare cases amendments thereto have been moved andpressed to the vote of the House311.

Not more than half an hour is allotted for the discussion on the motion and nomember can speak for more than five minutes on such a motion312.

After the report is agreed to by the House, the allocation of time in respect ofBills and other business as approved by the House takes effect as if it were an orderof the House and is notified in the Bulletin313. Allocation of time is, however, notpublished in the Bulletin regarding those items of business which have already beendisposed of by the House314. If a member, after the allocation of time has beenpublished in the Bulletin, makes the representation for increasing the time allotted toa particular item of the business or tables a motion to that effect before that item istaken up in the House, the matter may be placed before the Committee forreconsideration.

At the appointed hour, in accordance with the allocation of time order forcompletion of a particular stage of a Bill or other business, the Speaker has the powerto put forthwith every question necessary to dispose of all the outstanding matters in

307. Ibid., 26-3-1957—Thereafter, 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 regardingadoption of 29 Report (BAC-5LS) seeking to include three Short Duration Discussions in theReport for being taken up during the next week, the notice was disallowed by the Speaker andthe member informed. When the member sought to raise the matter in the House, the Speakerruled that amendment could be moved to change allocation of time recommended by Committeebut new items of business could not be added by amendments, and that suggestions for addingnew items could be made when the Minister of Parliamentary Affairs made statement regardingbusiness for the following week—see also L.S. Deb., 17-12-1981, cc. 319-23.

309. Rule 290, First Proviso—L.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).

820 Practice and Procedure of Parliament

connection with that stage of the Bill or other business315. This power is, however,sparingly exercised by the Speaker.

No variation in the allocation of time order is made except on a motion madewith the consent of the Speaker and accepted by the House316. Where the House,while adopting the report, keeps open the question of allotment of time in respect ofa 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, toincrease the time, not exceeding one hour, without any motion being moved317. Thetime may also be extended by the Speaker by more than one hour without any motionbeing moved if Government have no objection to the extension of time318 or theHouse agrees to sit late beyond its normal hours of sitting319.

The minutes of the Committee are treated as confidential and are neither laidon the Table nor circulated to members of the Committee unlike the practice followedin the case of other Parliamentary Committees320. Where a matter on which action isto be taken by the Government finds a place only in the minutes and not in the reportpresented to the House, relevant extracts from the minutes are forwarded to theMinister concerned321. Copy of the minutes is also sent to the Minister of ParliamentaryAffairs.

Committee on Private Members’ Bills and Resolutions

In order to examine Bills seeking to amend the Constitution of India beforetheir introduction in the House, to categorise all Bills introduced by private membersand to recommend time for discussion of such Bills or resolutions tabled by privatemembers, there is a Committee on Private Members’ Bills and Resolutions. For thepurpose of determining the urgency and importance of these Bills and before reportingtheir 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 item of business includes the time taken by all incidentaldiscussions, 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 businessfor which a maximum time-limit is prescribed in the Rules, e.g., short duration discussion underRule 193, half-an-hour discussion under Rule 55, etc. In such cases, a formal motion for suspensionof the specific provision regarding time-limit in the relevant Rule has to be moved and agreed toby the House (L.S. Deb., 20-11-1958, cc. 857-58) unless the Government are willing to extendthe time beyond the maximum time-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 theCommittee and the invitees.

321. Dir. 66(3).

Parliamentary Committees 821

to send their views, if any, regarding classification of their Bills for the considerationof the Committee, and where considered necessary, the representatives of the Ministriesconcerned are invited to the sittings of the Committee to present their views on theprovisions of the Bill in question. The Committee is thus in a better position to assessthe relative importance of various Bills and recommend the time that should beallotted for them.

The Committee consists of not more than fifteen members nominated by theSpeaker322. In view of the importance of the Committee, the Deputy Speaker isinvariably included as a member thereof and as far as possible every section ofopinion in the House is represented therein.

On 13 March 1953, a suggestion was made in the Lok Sabha that astanding Committee on Private Members’ Bills might be constituted toexamine all Bills tabled by private members and to categorise them accordingto their relative importance323. In pursuance of the recommendations of theRules Committee as adopted by the House, the Committee on PrivateMembers’ Bills was constituted for the first time on 1 December 1953, withan initial membership of 10. On 13 May 1954, the membership was increasedfrom 10 to 15 and the functions were enlarged so as to cover private members’resolutions also within its ambit324. The Committee was accordingly designatedas the Committee on Private Members’ Bills and Resolutions325.

The term of the Committee is one year, usually beginning on 1 June of everyyear 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 introducedand before they are taken up for consideration in the House; to recommend allotmentof time to private members’ Bills and resolutions; to examine private members’ Billsseeking to amend the Constitution before their introduction in the House; to examinea private member’s Bill which is opposed in the House on the ground that the Billinitiates legislation outside the legislative competence of the House; and to performsuch other functions in respect of private members’ Bills and Resolutions as may beassigned to it by the Speaker from time to time326. A brief description of some of themajor 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, privatemembers’ Bills after introduction were put down for consideration and passing strictlyin 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.

822 Practice and Procedure of Parliament

purpose. In this process, a comparatively less important Bill which gained priority atthe ballot sometimes occupied all the private members’ time blocking the moreimportant Bills. In order to prevent such contingencies, it was considered necessarythat one of the functions of the Committee should be to examine all Bills at the initialstage and to categorise them on certain principles.

The Bills are classified according to their nature, urgency and importance intotwo categories, namely, Category ‘A’ and Category ‘B’327.

At their sitting held on 6 March 1954, the Committee laid down the followingprinciples which are taken into consideration while classifying private members’ Bills328:

that in the light of public opinion there is a general necessity anddemand for the measure proposed;

that the Bill seeks to provide for a lacuna or to remedy a defect in anexisting legislation;

that it is not opposed to the Directive Principles of State Policy asdefined in the Constitution or to the secular nature of the State, or to publicpolicy and opinion;

that there is already a Bill in the legislative programme due forconsideration by the House;

that there is a possibility of a comprehensive measure being introducedby Government at a later date; and

that the Bill proposed is of such importance and urgency that irrespectiveof a more comprehensive Bill being introduced later, its consideration earlierwill at least bring about a statement of Government policy or help in settlingan important issue.

The general principles followed in categorising a Bill under category ‘A’ are itspublic importance and urgency. Those categorised as ‘B’ contain a lesser element ofurgency or importance.

A Bill placed in category ‘B’ may be re-categorised in any subsequent sessionif the Committee, on an application made by the member incharge of the Bill, issatisfied that its upgrading has now become necessary329.

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 from category ‘B’ to category ‘A’:

(i) The Fixation and Regulation of Wages of Hard Coke Oven and Ceramic Industries EmployeesBill, 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, 1993by Shri Udaysingrao Gaikwad [26R(CPB-10LS)].

Parliamentary Committees 823

The question of re-categorisation of a Bill may be referred back to the Committeefor reconsideration by moving an amendment to the motion for adoption of therelevant Report of the Committee330. Once the Committee has considered and rejectedthe 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 theBill is not entertained by the Committee331.

Examination of Bills seeking to amend the Constitution

A private member is free to introduce any Bill excepting one to amend theConstitution. Every Bill seeking to amend the Constitution, notice of which has beengiven by a private member, is examined by the Committee and only when the Committeerecommends introduction thereof that a motion for leave to introduce the Bill isincluded in the List of Business332.

In the case of Bills seeking to amend the Constitution, the following principleswere recommended by the Committee and approved by the House on 26 February1954333:

Such Bills should be brought forward only when it is found that theinterpretation of the various articles has not been in accordance with theintention behind these articles or when certain glaring inconsistencies havecome to light. Amendments of this nature should normally be brought forwardby the Government.

Some time should elapse before any such amendment is brought forwardso that a proper assessment of the working of the Constitution can be made.

Notices of Bills from private members should be examined in thebackground of the proposals which the Government may be considering atthe time so that consolidated proposals are brought forward.

A private member’s Bill raising an issue of far-reaching importanceand public interest should be allowed to be introduced. In determining theimportance of the matter raised in the Bill, it should be seen if there areparallel provisions in the Constitution to satisfy the current ideas and publicdemand at the time.

Allocation of time to Bills and Resolutions

One of the important functions of the Committee is to recommend the allocationof 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, 1996by 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. Kripalani’s the Conferment of Decoration (Abolition) Bill, 49R and 59R (CPB-4LS).

332. Rule 294.

333. IR (CPB-1LS).

824 Practice and Procedure of Parliament

after their introduction in the House and in the case of resolutions after notices tabledby members gaining priority in the ballot have been admitted. The maximum timerecommended by the Committee for consideration and subsequent stages of a Bill asalso for discussion of a resolution is four hours334.

After the adoption of the report of the Committee by the House, the allocationof time in respect of Bills and resolutions takes effect as if it were an order of theHouse335. The time allotted for the discussion of a Bill or a resolution can thereafterbe extended336 or reduced337 only on a motion moved by a member and adopted bythe House. In a number of cases, however, the time has been extended just by takingthe sense of the House and without formal motion being moved in the House for thatpurpose338.

When a point of order relating to a particular business before the House israised, the time taken in the disposal of that point of order is also counted towardsthe total time allotted for that business339.

Procedure for convening Sittings

Three weeks before the commencement of each session, a tentative programmeof 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 theCommittee and the date on which the report of the Committee is to bepresented to the House; and

there is at least one day in between the date of presentation of thereport and the date on which the motion for adoption of the report by theHouse is to be moved.

The motion for adoption of the report is invariably put down as thefirst 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 theChairman. The sittings of the Committee are generally held not later than a week afterthe 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 theCommittee 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.

Parliamentary Committees 825

categorisation of Bills340. Where so desired by the Chairman or the Committee,representatives of the Ministries concerned may also be invited to attend a sitting topresent their views341.

However, the practice in vogue since February 1979 is that members sponsoringthe Bills are individually addressed and requested to send their views in writing aboutclassification of their Bills for consideration of the Committee. Where considerednecessary, the Committee invites the members-in-charge to appear before them topresent their views in regard to their Bills. Where so desired by the Chairman or theCommittee, the opinion of the Ministry of Law and Justice is obtained on a Bill forconsideration of the Committee.

As regards resolutions, the members whose resolutions are being included inthe List of Business are not invited to attend the sitting of the Committee to presenttheir views regarding allocation of time to their resolutions unless a specific requestis made in this regard by the member and agreed to by the Committee or where theCommittee itself consider it necessary or desirable to call him.

Copies of the agenda are made available to members sufficiently in advance ofthe date of sitting342.

Verbatim record of proceedings is not kept except when an important issue isbefore the Committee. The recommendations of the Committee are contained in theirreports which are presented to the House by the Chairman or in his absence by anymember of the Committee343.

Minutes

The decisions of the Committee are recorded in the minutes which are preparedby the Secretariat and approved by the Chairman or the member who presided at thesitting of the Committee344.

An authenticated copy of the minutes of the sittings held during a session is laidon the Table during the last week of the session. An entry regarding this is includedin the List of Business for the day on which the minutes are to be laid on the Table345.In case the members in whose names the entry has been included in the list are notpresent, the minutes are laid by any other member of the Committee present in theHouse.

340. Dir. 27.

341. The practice in the past (up to the Seventh Session of the Second Lok Sabha) was to inviterepresentatives 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 reactionsof 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 membersof the Committee has now been discontinued.

345. Dir. 67.

826 Practice and Procedure of Parliament

Report

The report of the Committee is approved by the Chairman and an entry inrespect 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 Committeebut in special circumstances it may be presented on the same day when the sitting isheld346.

The report is circulated to all the members on the day on which the report ispresented. 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 byhim that the House do agree with the report. The motion for adoption is taken up asthe 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 Billsand resolutions become an order of the House.

The discussion on the motion for adoption of the report is not to exceed halfan hour and no member can speak for more than five minutes on such a motion347.

Amendments may also be moved that the report be referred back to theCommittee either without limitation or with reference to any particular matter348. Ifthe allocation of time recommended in respect of a Bill or a resolution is desired tobe varied, it is open to a member to move an amendment to the relevant report of theCommittee containing the recommendations regarding allocation of time when themotion 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 timereferred to Select Committees composed of members specifically named in the motion.Bills may likewise be referred to Joint Committees, with the concurrence of theRajya Sabha, composed of members of both the Houses. Such Select or JointCommittees are ad hoc Committees which are appointed for consideration of particularBills referred to them.

Select or Joint Committees on Bills are appointed at the first stage of the secondreading 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 beheld on 17 November 1959, could not be held on that day for want of quorum. Consequently, thenext day, i.e. 18 November 1959, was fixed in lieu thereof. But on account of the death of a sittingmember of the House on that day, the sitting was cancelled and was held instead on 19 November1959, 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 firstReport of the Committee (First Lok Sabha) and the discussion was resumed on 26 February1954—A.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.

Parliamentary Committees 827

himself move that the Bill be referred to a Select Committee of the House or to aJoint Committee of the Houses with the concurrence of the Rajya Sabha. If themotion 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 Selector Joint Committee349. When the motion or amendment, as the case may be, isadopted, the Bill stands referred to a Select Committee, and in case the Bill is to bereferred to a Joint Committee, the motion or amendment, as adopted, is transmittedto the Rajya Sabha for their concurrence and appointment of members of that Houseon the Committee.

However, in the case of constituting the Joint Committee on the Constitution(Eighty-first Amendment) Bill, 1996 (Insertion of new articles 330A and 332A), theHouse, at its sitting held on 13 September 1996, during the discussion on the motionfor consideration of the Constitution (Eighty-first Amendment) Bill, 1996 (Insertionof Articles 330A and 332A), authorised the Speaker to refer the Bill to the JointCommittee of the two Houses in consultation with the Chairman, Rajya Sabha350.

Membership of Select Committee

The names of members proposed to be appointed on a Select Committee are setout, as already stated, in the motion of reference itself. The membership of SelectCommittees is not fixed. It may vary from Committee to Committee, but the normalmembership is between 30 and 35351.

Membership of Joint Committee

The motion for reference of a Bill to a Joint Committee gives the number andnames of the members of the Lok Sabha to be appointed to the Committee and alsothe 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 Joint Committee on the Constitution (Eighty-first Amendment) Bill, 1996 (Insertionof New Articles 330A and 332A).

351. Financial Bills, which are not normally referred to Joint Committee under the Rules are generallyreferred to Select Committees consisting of larger number of members. For instance, the Gift-TaxBill, 1958, and the Estate Duty (Amendment) Bill, 1958, were referred to Select Committeesconsisting of 43 members each. There are also instances when Select Committees were constitutedwith less number of members. For instance, the Indian Railways (Amendment) Bill, 1961 wasreferred to Select Committee consisting of 21 members. Similarly, the Select Committees on theRepresentation of the People (Amendment) Bill, 1961 consisted of 15 members; the Major PortTrusts Bill, 1962 consisted of 21 members; the Companies (Amendment) Bill, 1963 consisted of18 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 of12 members; the Enlargement of the Appellate (Criminal) Jurisdiction of the Supreme Court Bill,1967 consisted of 22 members; the Advocates (Second Amendment) Bill, 1968 consisted of24 members; the Central Excise Bill, 1969 consisted of 24 members; the Select CommitteeDiplomatic Relations (Vienna Convention) Bill, 1971 consisted of 19 members; the Payment ofGratuity 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 of20 members; the Transplantation of Human Organs Bill, 1993 consisted of 21 members; and theSelect Committee on the Constitution (Scheduled Tribes) Order (Amendment) Bill, 1996 consistedof 15 members.

828 Practice and Procedure of Parliament

proportion of members of a Joint Committee from the Lok Sabha and Rajya Sabhais 2:1. The actual membership of a Joint Committee is not fixed. It varies fromCommittee to Committee, the most usual number being352 45.

There are no rules about the procedure to be followed by a Joint Committee.A self-contained motion is, therefore, moved in the House for the purpose and theconcurrence of the other House in the motion carries with it their agreement to theprescribed procedure. The motion lays down the quorum for a sitting of the JointCommittee, the rules of procedure which would apply to the Committee, the time bywhich the Committee is to present the report and finally a request to the other Houseto agree to join the Committee and to communicate the names of their members whohave been appointed to the Committee. Usually the miles relating to the committeesof the House in which the motion originates apply to the Joint 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 Joint Committee on the States Reorganisation Bill, 1956 (constituted on 2 May 1956), therewere 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 whilein the Joint Committee on the Parliament (Prevention of Disqualification) Bill, 1957 (constitutedon 21 December 1957) there were only 30 members; the Tripura Land Revenue and Land ReformsBill, 1959 consisted of 30 members; the Manipur Land Revenue and Land Reforms Bill, 1959consisted of 30 members; the Delhi Land Holdings (Ceiling) Bill, 1959 consisted of 30 members;the Extradition Bill, 1961 consisted of 21 members; the Joint Committee of the Houses to examinethe question of the working of the Dowry Prohibition Act, 1961 consisted of 21 members; theSlum Areas (Improvement and Clearance) Amendment Bill, 1963 consisted of 24 members; thePrevention of Food Adulteration (Amendment) Bill, 1963 consisted of 33 members; the Judges(Enquiry) Bill, 1964 consisted of 30 members; the Delhi Administration Bill, 1965 consisted of33 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 TribesOrder (Amendment) Bill, 1967 consisted of 33 members; the Patents Bill, 1967 consisted of33 members; the Union Territory (Separation of Judicial and Executive Functions) Bill, 1968consisted of 33 members; the Insurance (Amendment) Bill, 1968 consisted of 33 members; theCriminal and Election Laws (Amendment) Bill, 1968 consisted of 33 members; the Comptrollerand Auditor-General’s (Duties, Powers and Conditions of Service) Bill, 1969, consisted of30 members; the Joint Committee on Amendments to Election Laws, 1970 consisted of 21 members;the Joint Committee on the Khadi and Village Industries Commission (Amendment) Bill, 1978consisted of 30 members, the Joint Committee on the Air (Prevention and Control of Pollution)Bill, 1978 consisted of 30 members; the Joint Committee on the Scheduled Castes and ScheduledTribes Order (Amendment) Bill, 1978 consisted of 30 members; the Joint Committee on theCriminal Law (Amendment) Bill, 1980 consisted of 33 members; the Joint Committee on MarriageLaw (Amendment) Bill, 1981 consisted of 21 members; the Joint Committee on LIC Bill, 1983consisted of 30 members; the Constitution (Seventy-first Amendment) Bill, 1990 (Amendment ofArticles 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 consistedof 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 and191A 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. Joint Committeeon the Protection of Plant Varieties and Farmers Right Bill, 1999 consisted of 30 members. JointCommittee on the Scheduled Tribes (Recognition of Forest Rights) Bill, 2005 consisted of30 members.

Parliamentary Committees 829

the Bill and to suggest any directions that may be given to the Joint Committee (towhich the originating House must agree before they become binding) and to nominatetheir members to serve on the Committee. Concurrence in the motion for referenceof a Bill to a Joint Committee by the other House does not commit that House to theprinciples underlying the Bill353.

The House which initiates a motion for appointment of a Joint Committee isin-charge of the Committee and the Chairman of the Committee functions under thedirections of the Presiding Officer of that House354. The extension of time forpresentation of the report of the Committee, if required, has to be asked for from thatHouse. If such extension is granted to the Joint Committee, the other House is informedby means of a formal message.

Members of Select or Joint Committees

Only names of such members are proposed to a Select or Joint Committee asare willing to serve on it355. The mover obtains their consent before proposing theirnames in the House356.

The Minister in-charge of the Bill or dealing with the subject-matter of the Billis normally included as a member of the Committee as his presence is necessary forexplaining the Government’s point of view in the Committee. The mover of themotion (or amendment) for reference of a Bill to a Select or Joint Committee isnormally appointed a member of the Committee although his exclusion from theCommittee does not render the motion invalid357.

The composition of a Select or a Joint Committee reflects the strength of thevarious Parties and Groups in the House(s) and in this sense the Committee is amicrocosm of the House or the Houses358.

Members who are entirely opposed to the principle of the Bill being referredto a Select or Joint Committee should keep out of it359 as also those who have apersonal, pecuniary or direct interest of an intimate character in the subject-matter ofthat 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 Joint Committee of the Houseswas not put to vote as certain members, whose names were included in the motion, had not beentaken—L.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 aspossible—H.P. Deb., 8-12-1953, c. 1669.

359. During the discussion on the motion to refer the Banaras Hindu University Bill to a SelectCommittee, the Speaker observed that members who are entirely opposed to the principle of theBill should keep out of the Select Committee—L.S. Deb., 14-8-1958, cc. 949-52.

830 Practice and Procedure of Parliament

Only one Bill is referred to one Committee: As a general rule, only one Bill isreferred to a Select or a Joint Committee, but in case there are two Bills dealing witha similar subject matter, they may be referred to the same Select or Joint Committeeby means of a single or separate motion360.

Adding of Members on Select or Joint Committee

When a Bill is already under reference to a Select Committee, more memberscan be added to the Committee by moving a motion in that regard in the House361.Such a motion is moved by the member in-charge of the Bill or the Chairman of theCommittee.

In the case of a Joint Committee, the motion for addition of members is movedin and adopted by the House in which the Bill originated and is concurred in by theother House. The motion gives the number and names of members from the originatingHouse and the number of members from the other House proposed to be added to theCommittee. The motion also contains a request to the other House to agree to theaddition of members and to communicate the names of members desired to be addedby 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 tothe Ministry of Parliamentary Affairs with a request to state whether the Governmentproposes to fill the vacancy and, if so, to intimate the name of the member proposedfor the vacancy.

On receipt of the name of the member from the Ministry of ParliamentaryAffairs, a motion is moved in the Lok Sabha by the Chairman or any other memberso authorised by the Committee.

Normally, no need is felt for filling a casual vacancy in a Select Committeebecause by the time the vacancy can be filled the work of the Committee is generallyover.

The procedure for filling a casual vacancy in a Joint Committee is the same asthat in respect of a Select Committee except for the following:

In case of a Joint Committee initiated by the Lok Sabha—

if the vacancy is in the membership from the Lok Sabha, a motionsetting forth the name of the member proposed to fill the vacancy is movedby the Chairman or any other member so authorised by the Committee. Afterthe motion is adopted, the Rajya Sabha Secretariat is informed of the fact bya letter;

if the vacancy is in the membership from the Rajya Sabha, the vacancyis filled by that House on a recommendation made to that effect in a motionadopted by the Lok Sabha. The motion after being carried in the Lok Sabha

360. See Chapter XXII—Legislation.

361. L.A. Deb., 30-8-1939, p. 149.

Parliamentary Committees 831

is transmitted to the Rajya Sabha for their concurrence and nomination of amember of that House to fill the vacancy. On receipt of a message from theRajya 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 JointCommittee initiated by the Rajya Sabha.

Term of Office

As a Select or Joint Committee on a Bill is an ad hoc Committee for theconsideration of a particular Bill referred to it, it becomes functus officio when it haspresented its report362.

Chairman’s Duties, Powers, etc.

The Chairman of a Select or a Joint Committee363, besides performing theduties and exercising the powers, etc., which are common to the Chairman of allParliamentary Committees364, discharges some additional functions: he decides theadmissibility of amendments to be moved at a sitting of the Committee and hisdecision is final365; his approval has to be obtained before copies of memoranda orrepresentations received on a Bill are made available to members; and he ordersexpunctions of unparliamentary, irrelevant or otherwise inappropriate words, phrasesand expressions from the minutes of dissent366.

Functions of a Select or Joint Committee

The function of a Select or Joint Committee on a Bill is to go through the textof the Bill, clause by clause367, in order to see that the provisions of the Bill bringout clearly the intention behind the measure, that there will be no procedural defectin its working, that the Bill does not offend provisions of the existing law, and thatthe object proposed to be achieved is adequately brought out.

The Committee may, before or at the time of taking a decision on any provisionsof the Bill, invite written memoranda from, or take oral evidence of, experts orinterested 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 Joint Committe, seeChapter VIII.

364. For powers and functions of the Chairman of Parliamentary Committees, see Chapter VIII.

365. Dir. 75.

The Chairman of the Joint Committee on Companies (Amendment) Bill, 1959, disallowed themoving of an amendment by the Minister of Commerce which sought to amend a section of theprincipal 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. Jayanta Rongpi, M.Ps, in their minutes ofdissent, used some inappropriate words and cast aspersions on the Chairman. Since the aspersionswere cast on the Chairman, the Chairman, referred the matter for expunction to the Speaker whoexpunged the same reference.

367. Dir. 77.

832 Practice and Procedure of Parliament

policy behind each clause of the Bill and to give such information as the Committeemay desire368. After hearing the evidence, if any, the Chairman puts the Bill beforethe Committee clause by clause and invites members to offer comments, if any, andthereafter members move their amendments, if any369. The Committee then formulatesits conclusion as to whether the clause as it stands is adequate and brings out theintention clearly. If in its opinion the wording of the clause is defective or the intentionis not clearly brought out or the language is ambiguous, the Committee amends orrevises the clause.

At the sittings of the Committee, the Minister concerned and the officials of hisMinistry as well as the official Draftsman are also present to explain any point orpoints on which the Committee may require information370.

Oral and Written Evidence before Select or Joint Committee

Generally, at its first sitting, the Committee decides whether it would takeevidence on the Bill371. In arriving at this decision the Committee takes intoconsideration the nature of the Bill, the various interests that are directly affected bythe measure and whether expert evidence would be desirable or helpful.

The Committee may decide to take evidence either on its own initiative or onseparate request made to that effect372.

368. For instance, the Joint Committee on the Arms Bills, 1958, the Banking Companies (Amendment)Bill, 1959, the Companies (Amendment) Bill, 1959, and the Railways Bill, 1986, invited writtenmemoranda from interested parties and also heard oral evidence. At their sitting held on 8 October1957, the Joint Committee on the Navy Bill decided that the Judge, Advocate as well as somesenior officers of the Navy should be present at all the sittings of the Committee to give suchclarification on the provisions of the Bill as may be required by members, and that if the Committeeconsidered 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 Joint Committee on the Trade and MerchandiseMarks Bill, 1958 when evidence of certain Associations was being taken on the Bill, an officerof 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 pointswith the permission of the Chairman and their speeches were recorded in the day’s proceedings.

371. The Joint Committees on the Arms Bills, 1958, and the Motor Transport Workers Bill, I960,decided at their first sitting to hear evidence on the Bills—Min. (J.C. on Arms Bill), 8-5-1959 andMin. (J.C. on Motor Transport Workers Bill) 7-9-1960. In the case of the Code of CriminalProcedure—Amendment) Bill, 1954, the Joint Committee decided against taking evidence on theBill since the Government had given the Bill the widest possible publicity and had obtainedopinion upon it from all sections of the people—Min. [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 hemight be permitted to appear in his personal capacity before the Joint Committee on theConstitution (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 hadobtained the prior approval of the Government on his own, the officer appeared before theCommittee on 26 October 1967.

(ii) At the initiative of the Select Committee on the Constitution (Amendment) Bill by TennetiViswanatham, Justice D. Basu of Calcutta High Court appeared before the Committee on21 and 22 July 1970, and gave his evidence on the provisions of the Bill. Justice Basu,however, clarified at the outset that the evidence he was about to give was in his ‘privatecapacity as an academician’. Earlier, Justice Basu had desired that the request should comethrough the Ministry of Home Affairs. This was done.

Parliamentary Committees 833

In case the Committee decides to take evidence, usually a press note is issuedinviting memoranda on the Bill from interested associations or organisations373, anda date is fixed by which memoranda are to be sent to the Secretariat. Memorandareceived after the specified date may be accepted with the permission of the Chairman.

Normally, the Committee authorises the Chairman to go through the memorandareceived and to decide as to which associations and individuals should be invited togive evidence. For this purpose, only those associations or individuals who havemade a specific request are invited. He also keeps in view that the main representativesof each type of affected interests, i.e. employers, employees, industry, trade, etc. areinvited to give evidence.

A memorandum addressed to the Committee forms part of the records of theCommittee and is treated as confidential374. No person, without the Speaker’spermission, can quote therefrom or send copies thereof to anyone else, unless it hasbeen presented to the House either along with the report of the Committee orseparately375. However, the arguments or points contained in the memorandum can be

(iii) The Chairman, Select Committee on the Taxation Laws (Amendment) Bill 1973, desiredthat Justice Debiprosad Pal of Calcutta High Court might be invited to tender evidence atthe sittings of the Select Committee held at Calcutta in September 1973. In reply, JusticeDebiprosad Pal regretted his inability to appear before the Select Committee and said: “Asa sitting Judge of the High Court, I do not think it proper to express any view on the saidBill before the Committee”.

(iv) On 26 July 1974, the Registrar, High Court of Karnataka intimated that the Chief Justice,High Court of Karnataka would like to give evidence before the Joint Committee on theCode of Civil Procedure (Amendment) Bill, 1974, if the Committee held its meetings atBangalore. Since a Sub-Committee of the Joint Committee was scheduled to hold itssittings at Bangalore from 19 September 1974 to 21 September 1974 to hear oral evidence,it was decided to call the Chief Justice for evidence before the Sub-Committee.

373. For instance, the Joint Committee on the Banking Companies (Amendment) Bill, 1959, at theirfirst 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 respectof the Bill to send written memoranda thereon to the Secretariat by 10 June 1959. The Committeealso 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 theCommittee.

In the case of the Joint Committee on the Banaras Hindu University (Amendment) Bill, 1958,the Joint Committee, at their first sitting held on 18 August 1958, decided to hear evidence of amember intimately connected with the provisions of the Bill. No press note was issued.

374. As soon as a memorandum is received, the sender is informed in writing that the memorandumshould be treated as confidential and not circulated to anyone and that its circulation or publicitywould constitute a breach of privilege of the Select or Joint Committee which is a ParliamentaryCommittee.

The Employers’ Federation submitted a memorandum to the Select Committee on Payment ofGratuity Bill, 1971. The Federation, on its request, was permitted to make available copies of thememorandum to its constituent members, with the stipulation that contents thereof be treated asconfidential and not for publication.

Soon after the Joint Committee on the Constitution (Fourth Amendment) Bill, 1954, had ceasedfunctioning, a representation was received. It was decided that communications addressed toCommittee formed part of the records of the Committee, irrespective of the fact. Whether thecommunication was sent while the Committee was still deliberating or after it had presented itsreport.

375. Dir. 74.

834 Practice and Procedure of Parliament

used in any other communication or used in any other manner but the person so doingcannot allude to the fact that such considerations have been urged in a memorandumsubmitted to the Select or Joint Committee.

In case a memorandum has been given publicity before sending it to theCommittee or if it is addressed to somebody else and a copy thereof is endorsed to theCommittee, it is not treated as a communication to the Committee and is either returnedto the sender376 or treated as a representation with the approval of the Chairman377.

A member of the Committee can also submit a memorandum containing hisviews on the Bill378. Copies of the memorandum or extracts therefrom are circulatedto the members of the Committee, if so directed by the Chairman379.

The number of memoranda or representation received by the Committee arementioned in the body of the report of the Committee, while the particulars thereofand the action taken thereon are given in the Appendix to the report380.

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 thewitnesses appearing before a Parliamentary Committee is also sent for the guidanceof the witnesses. In the case of associations or public bodies, the letter is addressedto them asking them to send their representatives to appear before the Committee ona specified date and time. Normally, they are asked to send two or three representativesto appear before the Committee and to communicate their names in advance to theSecretariat.

In case a Minister who is not a member of the Select Committee desires toaddress the Committee or to take part in the proceedings of the Committee, he ispermitted to do so but he cannot participate in voting381.

A Select or Joint Committee may call any member who is not a member of theCommittee to give evidence before it382.

376. An individual submitted a memorandum to the Joint Committee on the Merchant Shipping Bill,1958, copies whereof had already been sent to various journals for publication. The document wasnot treated as a memorandum to the Committee and was accordingly returned to the sender.

377. The Calcutta Chamber of Commerce, Calcutta sent to the Joint Committee on the Railways Bill,1986, a copy of their letter addressed to the Prime Minister containing comments/suggestions onthe Bill. It was treated as a representation and circulated to the members of the Joint Committee,after obtaining approval of the Chairman.

378. Dir. 81(1).

379. Dir. 81(2). A memorandum submitted by a member of the Joint 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, withthe report of the Joint 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, wasrequired to give evidence before the Joint Committee on the Merchant Shipping Bill, 1958. Hegave evidence before the Committee on 8 July 1958, in the capacity of a representative of theIndian National Steamship Owners’ Association.

The Select Committee on the Banaras Hindu University (Amendment) Bill, 1958, decided at theirsitting held on 18 August 1958, to call a member of the Lok Sabha who had intimate knowledgeof the Banaras Hindu University to give evidence before them. The member gave evidence beforethe Committee on 19 August 1958.

Parliamentary Committees 835

Whenever witnesses are summoned to give evidence, verbatim record of theproceedings is kept383. Cyclostyled copies of the proceedings of the evidence arenormally circulated to all the members of the Committee on the following day.

The Committee decides whether the record of the evidence given before it isto be laid on the Table in extenso or in part or in summary form384 and whether thememoranda submitted by the associations should be printed as appendices to theevidence or laid on the Table or placed in the Library for reference by the members385.

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 Table386, it is printed in a separate volume.A copy of such evidence authenticated by the Chairman is laid on the Table by theChairman or the member so authorised by the Committee, either on the day the reportof the Committee is presented or on any subsequent day. In the case of a JointCommittee, an authenticated copy of the evidence or summary thereof, as the casemay be, is sent by the Secretariat for being laid on the table of the Rajya Sabhasimultaneously with its presentation to the Lok Sabha. In case the Rajya Sabha is notin session that day, it is laid on the Table of that House on the day it reassembles.Copies of evidence given before Select or Joint Committees, after they have been laidon the Table, are circulated to all members of the Lok Sabha and the Rajya Sabha andare also made available to the public on sale.

Amendments

The procedure regarding moving of amendments in a Select or a Joint Committeeis, as far as practicable, the same as is followed in the House during the considerationstage of a Bill, with such adaptations as the Speaker may consider necessary orconvenient387.

Only members of the Committee are entitled to give notice of amendments388.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 Joint Committee on the Motor Vehicles (Amendment) Bill, 1955, memorandasubmitted by associations and public bodies who gave evidence before the Committee wereprinted 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 therespective Committee, were laid on the Table of both the Houses on 5 March 1969, and 26 March1969, respectively.

In the case of the Companies (Amendment) Bill, 1959, and the Motor Transport Workers Bill,1960, the Joint Committee decided that the memoranda submitted by the associations who tenderedevidence being very voluminous, need not be printed with the evidence but a few cyclostyledcopies of the same may be placed in the Library for reference by the members.

386. Rule 275.

Evidence given before a Select or Joint Committee is not presented to the House with the reportbut 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 amember of the Committee.

836 Practice and Procedure of Parliament

the Committee also389. In the Committee, however, unlike in the House, memberswho give notices of amendments may also give ‘Reasons’ for the amendments390.

Notices of amendments tabled in the House by members before reference of theBill to the Committee also stand referred to the Committee, provided that wherenotice of an amendment is received from a member who is not a member of theCommittee such amendment is not taken up by the Committee unless moved by amember of the Committee391.

If any question arises whether a particular amendment is within the scope of theBill or not, the question is decided by the Chairman of the Committee whose decisionis final392.

Admissible amendments of which notices have been received are arranged inthe lists of amendments in the order of the clauses of the Bill to which they relate andin the order in which notices thereof have been received, and are circulated to all themembers of the Committee ordinarily on the same day on which they are received393.

Discussion on an amendment starts on the member’s moving his amendment.When the Chairman considers that an amendment has been sufficiently discussed, hetakes the consensus thereon and announces his decision. Ordinarily no vote is takenbecause 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 takenby show of hands and the majority decision is recorded394. Clause already disposed

In the Joint Committee on the Companies Bill, 1953, notice of certain Government amendmentssigned by the Draftsman was received. The notice was returned for signature by the Minister onthe Committee.

389. For conditions of admissibility of amendments in the House, see Chapter XXII—‘Legislation’.

390. In the Joint Committee on the Companies Bill, 1953, it was suggested that the ‘Reasons’ for eachof the Government amendments of which notice had been given should be stated immediatelybelow 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 listof amendments circulated to members.

391. Rule 301.

Notices of amendments falling under this Rule are circulated to all the members of the SelectCommittee through a separate list and necessary indication is given therein that the amendmentsfall under this Rule in order to distinguish them from the list of amendments of which notices havebeen given by the members of the Committee.

Notices of amendments given by a member of the Rajya Sabha, who is not a member of theJoint Committee to which a Bill has been referred, do not stand referred to the Joint Committeeunder this Rule. In such a case, the member concerned is asked to have his amendments sponsoredby 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 tothe officers of the Ministry concerned who attend the sittings of the Committee. Lists of amendmentsto the Bills before Committees bear a distinctive heading so that they are not confused with thelist 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 ‘MinutesBook’.

Parliamentary Committees 837

of by the Committee may be reopened with the permission of the Chairman395.

Besides giving notices of amendments, a member of a Select or Joint Committeemay, 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 considerationof the Committee396. The Chairman may, if he thinks fit, direct that copies of the noteor extracts therefrom be circulated to the members of the Committee397.

Scope of Deliberations and Inquiry

General discussion on the Bill as a whole is not permissible in a Committee, asthe principle of the Bill is accepted by the House on the adoption of the motion forreference of the Bill to the Committee398. The Chairman may, however, permit ageneral discussion on certain clauses or basic points contained in the Bill so that theMinister 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 amendmentsto the Bill may be moved at the appropriate time according to their wishes399, ifnecessary.

Apart from the principle of the Bill to which the House stands committed onthe adoption of the motion400, the House may also give additional directions orinstructions to the Committee401.

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 principleof 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 principleor 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 afterconcluding their deliberations on Bills met to consider the draft report but at the request of somemembers postponed it to hear the Minister-in-charge of Bill who was absent on that day. Thediscussion on the Clauses and Bill was subsequently reopened after hearing Minister and the draftreport 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 Joint Committee on the Motor Vehicles (Amendment) Bill, 1955, had a generaldiscussion on the provisions of the Bill in respect of certain basic points-Min. (JC),24-10-1956; the Joint Committee on the Arms Bill, 1958, had a general discussion on clause4 of the Bill as to whether the Bill should be confined to fire arms only or to all arms ingeneral. Min. (JC), 16-7-1959;

The Joint 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. (JC),30-11-1957, 3 and 4-12-1957;

The Joint Committee on the Railways Bill, 1986 also had a general discussion on theprovisions of the Bill-Min. (JC), 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.

838 Practice and Procedure of Parliament

the Bill and relevant to the subject matter of the clauses or schedules to which theyrelate402. They should also be in conformity with the principle of the Bill to whichthe House has already agreed. It is not open to the Committee to alter the mainconcept of the Bill.

However, within the limitations referred to above, the powers of a Select or aJoint Committee to make amendments to a Bill are wide and large. A Committee mayamend and redraft a Bill completely403, including the long title404 and the short title405

without changing its principle. Likewise, a Committee may insert new provisions406

in the Bill, restrict the scope of the Bill407, or even vary the incidence of taxationproposals after obtaining the prior recommendation of the President408.

While a Committee may, with the permission of the Chairman, reopen discussionon the clauses of the Bill already disposed of409, it cannot recommend that it does notagree with the principle of the Bill committed to it410, though in appropriate cases itmay recommend withdrawal of the Bill411. In regard to an amending Bill, amendmentsthereto are to be confined to the sections of the principal Act touched by the amendingBill except in cases where the clauses of the Bill necessarily lead to amendment ormodification of any other sections which are intimately connected therewith412.

Amendments to a Bill accepted by the Committee are incorporated in the Billby 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 Muslim Wakfs Bill, 1952, and the Women’s and Children’s Institutions Licensing Bill, 1953,both private members’ Bills, were completely redrafted by the Select Committee. Similarly, theScheduled Tribes (Recognition of Farmers Rights) Bill, 2005 was completely redrafted by theJoint Committee.

404. The original long title of the Women’s and Children’s Institutions Licensing Bill, 1953, read as‘A Bill to regulate and license institutions caring for women and children’. The Select Committeeamended it to read as ‘A Bill to provide for the licensing of institutions for women and childrenand for matters incidental thereto’.

405. The short title of the Legal Practitioners Bill, 1959, was amended by the Joint Committee to‘Advocates Bill’.

406. The Joint Committee on the Merchant Shipping Bill, 1958, inserted several new clauses providingfor the constitution of a National Shipping Board and for the creation of a Shipping DevelopmentFund; 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 inthe list of Scheduled Tribes in relation to the State of Assam, inserted other communities of Assamin the Bill.

407. The scope of the proceedings of Legislatures (Protection of Publication) Bill, 1956, was restrictedby 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 asto bring more persons under the purview of the expenditure tax—see Report of the S.C.

409. Min. [S.C. on the Government Premises (Eviction) Amendment Bill, 1954] 30-4-1955; 25-27 and30-8-1955.

410. L.A. Deb., 19-2-1926, pp. 1541-45.

411. The Children Bill, 1954—see Report of the S.C.

412. P. Deb. (II), 8-2-1951, cc. 2573-81; L.S. Deb., 28-7-1955, cc. 8752-54.

Parliamentary Committees 839

point of view, the Draftsman gets the draft approved by the Committee at a subsequentsitting413.

After the clause-by-clause consideration of the Bill is over, the Draftsman preparesa manuscript copy of the Bill as amended which is then printed and the draft reportof the Committee is prepared by the Secretariat414. Copies of the draft report are sentto the Draftsman and to the representative of the Ministry who attend the sittings ofthe Committee for factual verification and return. Their suggestions, if any, are suitablyincorporated 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 allthe members of the Committee and the Draftsman and the representative of theMinistry concerned. Together with the copies of the draft report, printed copies of theBill 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 provisionsof the direction issued by the Speaker on the subject415.

In the introductory paragraphs general information about the Bill and theproceedings of the Committee are given: the date of introduction of Bill; the dates onwhich the motion for reference of the Bill to Committee was moved, discussed andadopted in the House or the Houses, as the case may be; particulars of sittings heldby 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 anyevidence is taken by the Committee or if any study tours are undertaken by it, thisfact 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 ofthe appendices to the report.

In the main part of the report, where observations of the Committee on thechanges made by them in the Bill and their general recommendations are given, theremarks are strictly confined to the amendments actually made by the Committee tothe Bill and any general recommendation which the Committee may have decided toinclude in their report for the attention of the House and/or of the Government. Indealing with the amendments made by the Committee, arguments or elaborate reasonsare not advanced, but only indication of the direction along which an amendment hasbeen made is given.

The report finally concludes with the usual recommendation to the House thatthe Bill, or the Bill as amended by the Committee, be passed, or with any otherrelevant recommendation416. Where the Bill has been altered, the Committee may, ifit 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 therecommendation ‘that the mover of the Bill be granted permission to move the necessary motionfor the withdrawal of the Bill’.

840 Practice and Procedure of Parliament

motion should be a motion for circulation of the Bill as amended by the Committee,or, where the Bill has been circulated, for its recirculation417.

Consideration of draft report and theBill as amended by the Committee

The draft report and the Bill as amended are considered by the Committee attheir last sitting. The Chairman first places before the Committee the Bill as amended,and the Committee considers whether all the amendments accepted by them andembodied in the minutes have been properly incorporated in the printed copy of theBill. The member who has an objection to any part of the Bill as amended as notbeing in conformity with the decisions of the Committee, when called upon by theChairman to speak, states briefly the grounds of his objection and proposes amendmentsto 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 ordinarilyaccepted at this stage418. Thereafter, the Bill as amended is adopted by the Committee.

On the adoption of the Bill as amended, the draft report is placed by theChairman before the Committee for adoption419. After the draft report and the Bill asamended are adopted, the Committee fixes a date not beyond the one fixed by theHouse 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 caseof a Joint Committee, a member of the Rajya Sabha or in his absence any othermember of that House is chosen for laying a copy of the report on the Table of thatHouse simultaneously with its presentation to the Lok Sabha.

A date is also fixed by the Committee for handing in the minutes of dissent, ifany, to the Secretariat and the date so fixed is communicated by a letter to all themembers of the Committee for their information. The minutes of dissent, if any, areappended 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 memberof the Committee disagreeing with the report or a part thereof may append a minuteof dissent on any matter connected with the Bill or dealt with in the report. A minuteof dissent cannot be premature or conditional in any respect and can be given by amember only after the report has been considered and adopted by the Committee420.

Minutes of dissent have to be written in ink or typed on foolscap paper arerequired to be given to the officer of the Committee or handed in at the ParliamentaryNotice Office on or before the date and time fixed for this purpose by the Committee421;those received after the expiry of the specified time, but before the presentation of the

417. Rule 303.

418. In the Joint Committee on the Mines and Minerals (Regulation and Development) Bill, 1957, theChairman permitted certain new amendments being moved by a member. Vide para 5 of theminutes, 13-12-1957.

419. Dir. 69(2).

420. Rule 303(4), read with Dir. 89.

421. Dir. 85.

Parliamentary Committees 841

report to the House, may be entertained and appended to the report with the permissionof the Chairman. Minutes of dissent, given in Hindi, are presented as such and noEnglish version thereof is included in the report.

It is permissible for members to give minutes of dissent jointly. A minute ofdissent cannot be given after the report has been presented to the House422 nor canit be altered by the member after the presentation of the report423. It has to be couchedin temperate and decorous language and should not cast aspersion on the Committee orrefer to any discussions in the Committee. In case it contains such words or expressions,they are expunged under the orders of the Chairman424 or the Speaker425. If expunctionsare made under the orders of the Chairman, the member concerned is informed of theChairman’s decision with a view to affording him an opportunity to make an appealto the Speaker if he so wishes, and the Speaker’s decision in the matter is final426.

If a member, who is absent from the sitting or sitting at which the draft reportis considered and adopted by the Committee, wants to give a minute of dissent he isrequired, under a direction of the Speaker, to certify in writing that he has read thereport427. 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 certificaterequired under the direction has not been furnished. Where a minute of dissent doesnot bear any date, the date on which it is received in the Secretariat is so indicatedthereon against the name of the signatory428.

A member who is in agreement with the report and yet thinks that a particularmatter has not been given proper emphasis or who desires to make further suggestionsin respect of any matter connected with the Bill or dealt with in the report, may givea ‘note’ (as distinguished from a minute of dissent) to the report. Notes, like minutesof dissent, are also appended to the report when it is presented to the House. Theprocedure for submission of notes to the report is the same as is followed in regardto minutes of dissent.

Presentation of Report to the House

The report presented to the House generally consists of the following papersarranged in that order:

List of members of the Committee429; report of the Committee, signedby 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 from his minutes of dissent appended to the report which hadbeen presented to the House. The Speaker directed the restoration of two paragraphs. This wasdone by issuing a corrigendum to the report. The paragraphs were also published in the Gazetteand 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 alsosent 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.

842 Practice and Procedure of Parliament

copy of the Bill as reported by the Committee and authenticated by theDraftsman concerned; text of the motion (or motions in the two Houses)appointing the Committee; report of the Sub-Committee, if any, togetherwith the minutes of the Sub-Committee; statement in regard to memoranda/representations received by the Committee, if any; list of witnesses who gaveevidence before the Committee, if any; minutes of sittings of the Committee;and other important papers, if any made available to the members of theCommittee and approved by the Chairman of the Committee for presentationto the House430.

In the case of a Joint Committee, an authenticated copy431 of the report togetherwith copies of the other papers referred to in the preceding paragraph, is sent by theSecretariat to the Rajya Sabha Secretariat for being laid on the Table of theRajya Sabha simultaneously with its presentation to the Lok Sabha. In case theRajya Sabha is not in session on that day, it is laid on the Table of that House on theday it reassembles.

If the Lok Sabha is not in session on the date fixed for the presentation of thereport, the report is presented to the Speaker. In such cases, the Speaker arranges tohave the report laid on the Table as early as possible after the House reassembles432.

Extension of time for Presentation of the Report

The motion for reference of a Bill to a Select or a Joint Committee invariablymentions a specific date433 or gives an indication of the time by which the report isto be presented to the House434. If, however, the House does not prescribe any timefor the presentation of the report, the report is required to be presented before theexpiry of three months from the date on which the House adopts the motion forreference of a Bill to the Committee435. If at the time of consideration of the motionfor reference of a Bill to a Select or Joint Committee, or in exceptional circumstances,soon after the adoption of such motion, it is considered necessary to alter the date ofpresentation of the report of the Committee, alteration is made through an amendmentto the motion, moved in and adopted by the House436.

Alteration in the date of presentation made through an amendment to the motionfor reference of a Bill to Select or Joint Committee is distinct from a motion seekingextension of time for presentation of a report when the Committee finds itself unableto present the report by the appointed date.

Whenever the progress of a Committee in regard to a Bill is such that thepresentation 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.

Parliamentary Committees 843

to the notice of the Speaker as soon as it becomes clear to the Chairman that suchdelay is likely to occur. The Chairman briefly states the circumstances necessitatingdelay, his estimate of the time required to complete the work and any other matterwhich, in his opinion, may be brought to the notice of the Speaker437. Thereafter, theCommittee authorises the Chairman, or in his absence any other member of theCommittee, to move in the House for extension of time for the presentation of thereport to a definite date which is to be specified in the motion438. One day before theday on which the motion for extension of time is to be moved in the House, amemorandum giving reasons for asking extension of time duly signed by the Chairmanof the Committee is circulated to all members. Where it is not feasible or necessaryto call a sitting of the Committee merely for authorising the Chairman to move forextension of time, the Chairman, on his own, after informing the Speaker, moves themotion in the House for an extension of time. The date up to which the time forpresentation of the report of the Committee is sought to be extended is specified inthe motion on a reasonable presumption that the House would be in session on thatdate439.

If need is felt by the Committee for extension of time for the presentation ofthe report and the House is not in session at that time and is also not to assemble tillafter the expiry of the date fixed for the presentation of the report, the Chairman, onbeing authorised by the Committee in that behalf, approaches the Speaker who grantsthe necessary extension of time on behalf of the House and informs the House as soonas it reassembles440.

The motion for extension of time is included in the List of Business on or beforethe date originally fixed for the presentation of the report to suit the convenience ofthe Chairman of the Committee. As the motion for extension of time is a formalmatter, usually no discussion on the motion takes place in the House. However, it isopen to the House to discuss the motion441. In the case of a Joint Committee, afterthe motion is adopted by the House, the Rajya Sabha is informed of it through amessage.

A Committee may be granted more than one extension of time for the presentationof the report442.

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 Joint 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 Joint 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, 7-12-1987and 10-5-1988.

The Joint 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.

844 Practice and Procedure of Parliament

Printing and Distribution of Copies of the Report

Immediately after the report has been presented to the House, a few typed orcyclostyled 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 ofnotifications, reports, audited accounts and other papers either in pursuance ofconstitutional/statutory provisions or suo motu to inform the members of Parliamenton various matters. While some of these reports/papers used to be referred to differentParliamentary Committees, including the Committee on Subordinate Legislation, bulkof them remained largely unattended to until the constitution, in June 1975, of aseparate Committee on Papers Laid on the Table.

Composition and term

The Committee consists of not more than 15 members nominated by the Speakerfor a term not exceeding one year443.

The Committees term is one year from the date of its constitution. The Chairmanof the Committee is appointed by the Speaker from amongst the members of theCommittee.

Scope and functions

The functions of the Committee are444 to examine all the papers laid on theTable 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 reasonsfor delay has been laid on the Table of the House and whether thosereasons are satisfactory;

(d) whether both the Hindi and English versions of the paper have been laidon the Table; and

(e) whether a statement explaining the reasons for not laying the Hindi versionhas been given and whether such reasons are satisfactory.

A provision has also been made445 in the rules that a member wishing to raiseany of the matters which come within the functions of this Committee shall refer itto the Committee and not raise it in the House.

443. Rule 305A.

444. Rule 305B.

445. Rule 305C.

Parliamentary Committees 845

Procedure of Working

As and when papers are laid on the Table, the Secretariat examines them andselects those (particularly the annual reports/audit reports of various organisations) inwhich there has been an apparent delay on the part of Government in laying them onthe Table of the House. The Ministry concerned is then addressed in the matter witha view to ascertaining the facts of the case, including the reasons for the delay inlaying the paper on the Table of the Houses, etc. On receipt of the reply from theMinistry 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 theGovernment’s reply, the officials of the concerned Ministry may be called upon totender evidence before the Committee. In an appropriate case, the Committee mayalso undertake an on-the-spot study tour. Finally, on the basis of the information thusgathered, 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 theChairman 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 paperson the Table of the House are:

(i) All autonomous organisations/companies, etc. should lay their annualreports/audit reports within 9 months after the close of the accounting yearunless otherwise stipulated in the relevant act or rules, etc. And if for anyreason these reports cannot be laid within the stipulated period the Ministryshould lay within 30 days of expiry of that period of 9 months or as soonas the House meets, whichever is later, a statement explaining the reasonswhy the report and accounts could not be laid within the prescribedperiod446,

(ii) autonomous organisation which lay only their annual reports should do sowithin 6 months after the close of the accounting year447,

(iii) The administrative Ministries should prepare and lay along with the annualreports/audit reports, their own “Review” on the working of the organisationsor undertakings under their control, bringing out clearly the achievementsor shortcomings of those organisations. Where Government are in agreementwith the information given in the report, Government should lay alongwith the report a statement saying that they are in agreement with thereport and hence no review is being laid448.

(iv) All organisations which are financed out of the funds drawn from theConsolidated Fund of India wholly or partly should lay their annual reports/audit reports before both the Houses of Parliament irrespective of the factwhether the rules of such organisations provide therefor or not. TheGovernment should also consider the feasibility of amending the relevantrules/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.

846 Practice and Procedure of Parliament

Ministry concerned to lay the reports of such organisations within ninemonths of the close of the accounting year449.

The societies/organisations receiving one time assistance of Rs. 50 lakh orabove should lay their annual reports and audited accounts before Parliament. In thecase 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 ownannual reports a statement showing the quantum of funds provided to each of thesesocieties and the purpose for which the funds were utilised for the information ofmembers of Parliament450.

The Voluntary Organisations receiving recurring grants-in-aid to the tune ofRs. 25 lakh and above should lay their Annual Reports and Audited Accounts beforeParliament within nine months of the close of the succeeding financial year. In caseof private and voluntary Organisations receiving recurring grants-in-aid from Rs. 10lakh to 25 lakh, all the Ministries/Departments of the Government of India shouldinclude in their Annual Report a statement showing the quantum of funds providedto each of these organizations and the purpose for which they were utilized for theinformation of Parliament451.

Committee on Petitions

At the commencement of the Lok Sabha, or from time to time, as the case maybe, the Speaker nominates a Committee on Petitions452. The Committee holds officefor 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, theSpeaker’s orders are taken whether to reconstitute the Committee or to allow the sameCommittee to continue in office.

The Committee consists of not less than 15 members, nominated in proportionto the strength of the Parties and Groups in the House so as to make it representativeof all shades of opinion in the House453.

The Committee on Petitions is one of the oldest Committees of theHouse and dates back to the Legislative Assembly of the pre-Independenceera. It owes its origin to a resolution moved by a member in the then Councilof State on 15 September 1921454. The resolution called for the setting upof a Committee on public petitions with powers to take evidence. The matterwas examined by a Committee appointed by the Government. This Committeedid 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 VIII–Parliamentary Functionaries, re: Procedure adopted for appointment of a Chairmanof a Committee.

454. C.S. Deb., 15-9-1921. Vol. II, p. 197.

Parliamentary Committees 847

however, recommended by it455, and in pursuance of this recommendation,Speaker Whyte constituted the Committee on 20 February 1924456. Its strengthwas fixed at five and remained unchanged until early 1954. In April of thatyear, its strength was raised to fifteen in order to provide adequaterepresentation to all Parties and Groups in the House. The Committee wasknown as the ‘Committee on Public Petitions’ until 1933, when its name waschanged to ‘Committee on Petitions’.

Functions

The Committee examines every petition which after presentation to theLok Sabha stands referred to it457. It is the duty of the Committee to report to theHouse on specific complaints made in the petitions after taking such evidence as itdeems fit, and to suggest remedial measures either in a concrete form applicable tothe case under review or to prevent such cases in future458. The Committee may alsodirect that the petition be circulated in extenso or in summary form to all membersof the House459. In the case of petitions on matters of general public interest theCommittee examines the suggestions made therein, calls for factual comments fromthe Ministries concerned, where necessary, and makes suitable recommendations inits report to the House.

The Committee also considers representations, including letters and telegramsfrom various individuals and associations, which are not covered by the Rules relatingto petitions, and gives directions for their disposal460. It does not consider anonymousletters or letters on which names and/or addresses of senders are either not given orare illegible, or letters which do not contain any specific prayers. The Committee doesnot also take into consideration endorsement copies of letters addressed to persons orauthorities other than the Speaker or the House unless there is a specific request onsuch a copy praying for redress of the grievance. Such anonymous letters orendorsement copies are summarily filed in the Secretariat461.

After a petition has been presented to the House, a serial number is allotted toit and the petition stands referred to the Committee462. A memorandum is then preparedby 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 Joint Committee,the petition is referred to that Committee without being presented to the House and the petitioneris 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 whichdeal 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], theCommittee commenced considering representations with effect from 25 April 1956. In its reportto the House, the Committee does not give any details about the representations considered.

461. Dir. 95, Proviso.

462. Rule 169. From the Sixth Session of the First Lok Sabha, 1954, petitions on Bills pending beforethe House are allotted consecutive serial numbers during the lifetime of each Lok Sabha and arenot separately printed as papers to the relevant Bills.

848 Practice and Procedure of Parliament

Sittings

When the date and hour of a sitting of the Committee have been fixed, noticethereof, along with the agenda to be considered by the Committee, is circulated wellin advance of the date so fixed. The items of the agenda for a sitting are arranged inthe following order:

admitted petitions presented to the House; memoranda on the admittedpetitions; memoranda on implementation of the recommendations of theCommittee contained in its earlier reports; and memoranda on importantrepresentations, if any.

If at any sitting of the Committee a petition relating to a Bill sponsored by theChairman of the Committee is to be considered, the Speaker appoints another memberto act as the Chairman for that particular sitting.

In the case of a petition received on a Bill which is under discussion in theHouse or is likely to be taken up immediately for discussion or which is likely to bepassed by the House on the day of presentation of the petition, the Committee meetsimmediately to consider it463. In such cases as also in respect of a petition on anyother 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 theHouse, but directs that the petition, where it complies with the rules, be circulated tomembers in extenso or in summary form464.

Discussion on a Bill is not barred if certain petitions against that Billare pending before the Committee465.

The sittings of the Committee are held in private466. At such sittings, theCommittee deliberates or occasionally examines witnesses according to the agendacirculated in advance. When the Committee deliberates, all persons other than themembers of the Committee and officials of the Secretariat have to withdraw467. Whenthe Committee is taking evidence, members other than the members of the Committeemay 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 Committeecan be of assistance to it because of his connection with, or special knowledge of, thefacts stated in the petition or representation, he may be invited to attend the sittingof the Committee under orders of the Chairman468. Such members withdraw as soonas 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 therationalisation scheme of N.E. Railway, the officials of the Ministry of Railways were, on17 February 1959, permitted by the Chairman to take part in a preliminary discussion after theirevidence was over.

468. Dir. 57.

Parliamentary Committees 849

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 thepresentation of the last report, the subject-matter of the petitions considered at thesesittings in chronological order, the date of adoption of the report, etc. The report thendeals in detail with the petitions examined by the Committee. It gives the date ofpresentation and name of the member presenting the petition469. Thereafter, the specificgrievance or complaint of the petitioner and arguments advanced by him to reinforcehis plea are enumerated. Wherever comments of the Ministry concerned, of a factualnature, have been obtained for the perusal of the Committee, a summary thereof isincorporated. In conclusion, the decision of the Committee or its recommendation inregard to the disposal of the petition or its suggestion about remedial measures eitherin a concrete form applicable to the case under review or to prevent such cases infuture, is given.

Other matters considered by the Committee and dealt with in their report includeaction taken by the Government on the recommendations of the Committee containedin their earlier reports or the decisions of the Committee to pursue theirrecommendations with the Government in spite of the difficulties pointed out by theGovernment in implementing them or to accept the reply of the Government explainingthe reasons for non-implementation of certain recommendations.

The report also makes a mention of the total number of representations receivedfrom various individuals, associations, etc. which are inadmissible as petitions to theHouse but have been considered by the Committee at their sittings held during theperiod under report470. Where the Committee feels that facts arising out of arepresentation ought to be brought to the notice of the House, a mention of it is madein the report with suitable recommendations471. In the end, the report gives the numberof cases in which, through the Committee’s intervention, petitioners have been grantedspeedy or due relief 472.

No minute of dissent can be submitted or appended to the report of theCommittee473.

Nature of Recommendations

In the case of petitions on Bills or other matters pending before the House, theCommittee generally does not make any recommendations but circulates the petitionsin extenso or in summary form to the members of the House and makes a report tothe same effect giving the dates on which the petitions were circulated474. Where,

469. In case a petition is reported by the Secretary-General, it is so stated for details re. presentationof 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.

850 Practice and Procedure of Parliament

however, adequate time is available before the subject matter of the petition is to betaken up in the House, the Committee examines the petition in detail and makes asuitable recommendation thereon to the House.

In the case of petition on matters of general public interest475, the Committeereports to the House giving the facts as stated by the petitioner, the comments of theMinistry concerned obtained thereon, and their conclusions or recommendations.

The recommendations of the Committee may be:

that the petitioner’s suggestion(s) in toto ought to be implemented; or

that the petitioner’s suggestions in the form modified by or acceptableto the Committee ought to be implemented; or

that no action is necessary on the petition since the facts or commentsfurnished by the Ministry concerned or the action taken by the Governmentmeet adequately the petitioner’s points, or the Committee are in agreementwith the Government’s views, or the suggestions would not be feasible asthey involve undue additional financial burden on, or heavy loss to, revenueor would hurt the country’s 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, copiesthereof are forwarded to the Ministries concerned with the subject-matter of therecommendations made by the Committee. The Ministries are required to furnish tothe Secretariat statements of actions taken or proposed to be taken by them on therecommendations. The information so received is placed before the Committee in theform of a memorandum.

When the Ministry concerned has implemented the recommendations or takenaction 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 theobstacles in the way of implementation of the recommendation(s). The Committeemay either accept the replies or decide to press the recommendations. The decisionof the Committee is included in its report to the House.

Representations to the Committee

Public bodies, associations or individuals can submit representations to theCommittee on any matter within the jurisdiction of the Lok Sabha476.

475. For details regarding matters of general public interest, see the relevant footnote inChapter XXXIII–Petitions and Representations, under the heading ‘Scope of Petitions’.

476. For details, see Chapter XXXIII–Petitions and Representations, under the heading ‘Representations’.

Parliamentary Committees 851

A representation relating to a Bill pending before a Select or Joint Committeeis forwarded to that Committee, like petitions on Bills, without being placed beforethe Committee on Petitions477. Other representations on matters within the purview ofthe 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 Ministryconcerned, and after considering the reply of the Ministry, or getting furtherclarification from the Ministry or the petitioner, the Committee directs thatthe petitioner might be informed suitably of their decision478; where theCommittee feels that though the grievance appears to be genuine it is not ofgeneral public importance, it directs that the representation in original beforwarded to the Ministry concerned for disposal after due consideration.

The Committee does not usually call for facts from the Ministryconcerned if the representations relate to minor or trivial matters. Afterconsidering the representations or the facts thereon whenever these havebeen obtained under their directions, the Committee where it feels that thegrievance ventilated in the representation is genuine but decided not to takeit up with the authorities, directs that the representation might be forwaraedin original to the Ministry concerned479 for disposal and the petitioner is alsoapprised accordingly; and where in its opinion the grievances are trivial orpurely personal and do not require its intervention, the Committee invariablydirects that these might be filed480.

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 Ministryfor 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 regardto the representation and may also suggest remedial measures to be taken to alleviatethe grievances/complaints of general public importance. The Committee also watchesthe implementation of its recommendations made through various reports and maypresent Action Taken Reports to the House481.

Public Accounts Committee

The Lok Sabha, having voted large sums of the tax-payers’ money, does in theinterest of the tax-payers expects in due course a detailed account of how the moneyshave been spent. It must satisfy itself that the moneys so voted were directed to theintended purpose and were spent prudently and economically. The Comptroller andAuditor-General examines482 the yearly accounts of the Government and after scrutiny477. 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.

852 Practice and Procedure of Parliament

certifies the accounts, subject to such reservations as he chooses to make, and submitshis reports to the President who causes them to be laid before the Parliament483. Itis difficult, if not impossible, for the Lok Sabha to examine in detail the accountswhich are complex and technical; further, it cannot spare the time required for suchexamination. The Lok Sabha has, therefore, constituted a Committee—the Committeeon Public Accounts—and entrusted it with the detailed examination of those accounts.

Composition

The Committee consists of not more than fifteen members from the Lok Sabhaand seven members from the Rajya Sabha484 who are elected by the respective Houseevery year from amongst its members according to the principle of proportionalrepresentation by means of the single transferable vote. A Minister is not elected amember of the Committee, and if a member, after his election to the Committee, isappointed a Minister, he ceases to be a member of the Committee from the date ofsuch appointment485.

The term of office of members of the Committee is one year486; it can, however,be extended in a special case by a motion adopted by the House487. A new Committeeis 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 30of the following year.

The first Committee set up in 1921 under the Montague-ChelmsfordReforms of 1919 consisted of 12 members out of which 8 were elected bythe non-official members of the Central Legislative Assembly according tothe principle of proportional representation by means of the single transferablevote. 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 yearfrom the date of their election and the rest on the expiry of the second yearfrom the date. The retiring members were eligible for re-election488. Threemembers were nominated by the Governor-General. The Finance Memberwas the Chairman of the Committee, and in the case of an equality of voteson any matter, he had a second or casting vote489. From 1950, when theConstitution came into force, the strength of the Committee was raised to15 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 AccountsCommittees on 14 March 1959, a convention has been adopted by Parties and Groups in Parliamentwhereby 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).

Parliamentary Committees 853

Lok Sabha. Since 1954-55 the Committee consists of 22 members, 15 fromthe Lok Sabha and 7 from the Rajya Sabha.

In the beginning, the term of the Committee was for a period of threeyears, coinciding with the life of the Assembly. By an amendment to theIndian Legislative Rules in 1933, it was provided that when the duration ofthe Legislative Assembly was extended beyond the period of three years, anew Committee would be constituted at the end of the said period of threeyears as if a new Assembly had commenced490.

Casual vacancies occurring in the Committee are filled on a motion moved inthe House concerned. The motion in the Lok Sabha is moved by the Chairman of theCommittee, 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 theCommittee.

When any member of the Committee from Rajya Sabha retires under theprovisions of the Constitution491 from that House, the vacancy caused in the Committeeby such retirements is filled by nominating another member from that House. In suchcases a motion is moved in the Lok Sabha recommending to the Rajya Sabha that theydo agree to nominate another member from that House to associate with the Committeefor the unexpired term of the Committee. The Lok Sabha is officially informed througha message about the name of the member appointed by that House. On retirementfrom the Rajya Sabha if the member is re-elected to that House, he is eligible formembership of the Committee again.

Up to the year 1949-50, casual vacancies in the Committee were filledby election according to the principle of proportional representation by meansof 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 thevacancy occurred by the vacation of a seat by a nominated member, it wasfilled by nomination by the Governor-General. A member elected or nominatedto the casual vacancy held office for the period for which the person inwhose place he has been elected or nominated would have normally heldoffice492.

Chairman of the Committee: The Chairman of the Committee is appointed bythe Speaker from amongst the members of the Committee493 and his term of officeis one year, as that of the Committee. Up to the end of the Third Lok Sabha, theChairman 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 firsttime, appointed Chairman of the Committee and the practice has since continued.

490. Indian Legislative Rules, 1938, rule 51(6).

491. Art. 83(1).

492. Indian Legislative Rules, 1921, rule 51(3).

493. Rule 258(1).

854 Practice and Procedure of Parliament

The Finance Member of the Governor-General’s Executive Councilwas the Chairman of the Committee when it was set up for the first time in1921. The term of office of the Chairman was co-terminus with the term ofthe Committee (which was three years)494. The Finance Member/Ministerceased to act as the Chairman of the Committee in 1950 when the Constitutioncame into force, and the secretarial functions of the Committee which tillthen were in the hands of the Ministry of Finance were also taken over bythe Parliamentary (now Lok Sabha) Secretariat.

Functions

The main functions of the Committee are to examine the Appropriation Accountsshowing the appropriation of sums granted by Parliament for the expenditure of theGovernment of India, the annual Finance Accounts of the Government of India andsuch other Accounts laid before the House as the Committee may think fit495. Inscrutinising the Appropriation Accounts of the Government of India and the report ofthe Comptroller and Auditor-General thereon, the Committee has to satisfy itself: thatthe moneys shown in the accounts as having been disbursed were legally availablefor, and applicable to, the service or purpose to which they have been applied orcharged; that the expenditure conforms to the authority which governs it; and thatevery reappropriation has been made in accordance with the provisions made in thisbehalf under the rules framed by competent authority496.

The Committee has also497 to—

examine the statement of accounts showing the income and expenditureof State corporations, trading and manufacturing schemes, concerns andprojects together with the balance sheets and statements of profit and lossaccounts which the President may have required to be prepared or are preparedunder the provisions of the statutory rules regulating the financing of aparticular corporation, trading or manufacturing scheme or concern or projectand the report of the Comptroller and Auditor-General thereon (excludingsuch public undertakings as have been allotted to the Committee on PublicUndertakings)498;

examine the statement of accounts showing the income and expenditureof autonomous and semi-autonomous bodies, the audit of which may beconducted by the Comptroller and Auditor-General of India either under thedirections of the President or by a statute of Parliament499; and

494. Indian Legislative Rules, 1921, rule 51(1).

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 PublicUndertakings 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 theAccounts, etc. of a number of Statutory Corporations and Government Companies.

Parliamentary Committees 855

consider the report of the Comptroller and Auditor-General in caseswhere the President may have required him to conduct an audit of anyreceipts 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 excessof the amount granted by Parliament for that purpose, the Committee examines withreference to the facts of each case the circumstances leading to such an excess andmakes such recommendations as it deems fit500. If considered necessary, the Committeesubmits a separate report on excesses501. The report sets out the various excesses withthe reasons for them, and states the objections, if any502, to their being approved. Ifthe Committee has recommended the regularisation of the excesses, Demands forExcess Grants are presented to the House and the Minister of Finance, Railways orboth as the case may be approaches the House for grants/appropriations to cover theexcess expenditure503.

In order to expedite the regularisation of excesses over grants, theCommittee has recommended that the Comptroller and Auditor-General shouldreport these excesses to Parliament in advance of his Audit Report on theAppropriation Accounts504.

Nature and Scope of Examination

The functions of the Committee extend ‘beyond the formality of expenditure toits wisdom, faithfulness and economy’. The Committee thus examines cases involvinglosses, nugatory expenditure and financial irregularities. When any case of provednegligence 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 orotherwise, has been taken to prevent a recurrence. In such cases the Committee alsorecords its opinion either disapproving the action of the Government or passingstrictures against the extravagance or lack of proper control by the Ministry orDepartment conerned505.

Another important function of the Committee is the discussion of points offinancial discipline and principle506.

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, thePublic Accounts Committee (1921-23) made an important recommendation on the subject;

The excess would in the first instance be examined by the Public Accounts Committeeand in making a demand for an excess grant, Government would place before the Assemblyany 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).

856 Practice and Procedure of Parliament

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 itsjurisdiction to point out whether there has been extravagance or waste in carrying outthat policy507.

Since one of the functions of the Committee is to act as the check on unwisemethods of expenditure, it undoubtedly possesses the power, if necessary, to intervenein matters of administration and to examine the systems under which the Ministrieswork. Such intervention is, however, rare. The Committee usually concentrates on thegeneral control to secure economy and leaves questions of internal administration tothe Ministry concerned508. It can nevertheless call attention to weak points in theadministration itself, leaving it to the Ministry to remedy them509.

The functions of the Committee, set up under the Indian LegislativeRules in 1921, were confined to the scrutiny of the audited and appropriationaccounts of the Governor-General in Council, with a view to satisfying itselfthat the money voted by the Assembly had been spent within the scope ofthe demand granted by the Assembly. The Committee was also to bring tothe notice of the Assembly every reappropriation from one grant to anothergrant; every reappropriation within a grant which was not made in accordancewith rules prescribed by the Finance Department; and all expenditure whichthe Finance Department had asked for510.

The Committee in the early period of its work was not entrusted withthe examination of accounts relating to defence expenditure as that expenditurewas ‘non-voted’. In 1923, however, it was decided to submit a copy of theAuditor-General’s report on defence accounts to the Committee for informationonly. Subsequently, a decision was taken to subject the report of the Auditor-General to the scrutiny of a Departmental Committee (called the MilitaryAccounts Committee), consisting of the Finance Member, the FinanceSecretary and the Army Secretary, and to place the report of this Committeebefore the Public Accounts Committee which the latter could incorporate inits own report.

The constitutional position of the Committee on Public Accounts wasexamined in 1926 and a conclusion was reached that the Committee wasentitled to consider and offer comments on the Audit and AppropriationsReport and the Auditor-General’s report relating to the expenditure, voted ornon-voted, or receipts. The defence expenditure thus came under thejurisdiction of the Committee. But the Military Accounts Committee continuedto examine the defence accounts as before prior to their submission to thePublic Accounts Committee. In 1931, on the recommendations of the PublicAccounts 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, Chairman’s 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).

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consist of the Finance Member as Chairman, the Finance Secretary and threenon-official members nominated by the Public Accounts Committee fromamongst its members. The Military Accounts Committee so reconstitutedcontinued to function till 1947. The defence expenditure having become avoted expenditure, thereafter, the Appropriation Accounts of the DefenceServices and Audit Reports thereon were considered and dealt with by theCommittee as a whole in the same way as other voted expenditure and thead hoc Military Accounts Committee ceased to function.

Examination of Revenue Matters

The receipts of the Customs Department had been a subject of Audit scrutinysince 1929. The Audit of receipts from Union Excise, Corporation Tax and IncomeTax 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 inhis Audit Report (Civil), 1962. A beginning was made by the Public AccountsCommittee (1962-63) towards examination of these receipts and it presented a separateReport on the subject, namely, the sixth Report (Third Lok Sabha). The practice ofscrutinising the Reports of the C&AG on Revenue Receipts has since been followedregularly by the Committee which now examines various aspects of Government’s taxadministration, including cases involving under-assessment, tax evasion, non-levy ofduty, mis-classification, etc.

Examination of Reports of Comptroller andAuditor-General before their Presentation to Parliament

The Committee can examine the Audit Report even before it is presented toParliament but the Committee cannot submit any report thereon to the House until therelevant Accounts and Audit Reports are formally laid before Parliament511.

Examination of cases not included in theReports of Comptroller and Auditor-General

The Committee has of its own accord inquired into the various irregularitieswhich have become public or which have been brought to the notice of the Government,even though no formal Audit Report was presented on the subjects512.

511. In 1950, in consultation with the Ministries of Finance and Law, it was decided that theAppropriation Accounts and Audit Reports thereon be circulated to members of Parliament, pendingtheir presentation to Parliament. As regards the question whether the Public Accounts Committeecan proceed to examine those documents, Speaker Mavalankar decided that the Committee shouldexamine them at that stage, as this would give them more time to do the work but they could notsubmit any report thereon to the House until the relevant Accounts and Audit Reports wereformally laid before the House.

512. For instance, the Committee of 1953-54 considered the report of the Fertilizer Enquiry Committeeby Justice Rajadhyaksha, the report of the Enquiry into the purchase and utilisation of agriculturalimplements from a firm by N.V. Divatia—12R (PAC-1LS); the report of a Departmental Committee(known as the Champhekar Committee) appointed by the Government of India to took into theaffairs of the Mahanadi Bridge-11R (PAC-1LS).

858 Practice and Procedure of Parliament

During 1958-59, the Public Accounts Committee examined the working of twoCess Funds513—Coal Mines, Labour Safety and Conservation Fund and Coal Mines,Labour Housing and General Welfare Fund, even though there was no mention aboutthese funds in the Audit Report. Similarly, matters regarding unauthorised import ofinfected hop plants; foreign participation and collaboration in a number of medicaland agricultural research projects and experiments carried out in India; tax evasion bya foreign bank; planning process and monitoring mechanism in relation to irrigationprojects; time and cost overrun in the development and production of the Main BattleTank; impact on the central excise duty concessions in respect of manmade fibres andyarn granted in the Budget, 1988 on prices; alleged unauthorised importations ofplant and machinery; misdeclaration and under-invoicing of goods by a textilesmanufacturer, etc., were examined514 by the Committee without these being based onaudit paragraphs. The Public Accounts Committee (1995-96 and 1996-97) also selectedthe subject of “Privatisation of Bailadila Iron Ore Mines” for detailed examination onthe basis of observations made by the Speaker during the course of a debate on thissubject in the Lok Sabha. In view of the severe hardships and the inhuman conditionsfaced by the lakhs of devotees thronging the hill shrine of Sabarimala the PublicAccounts Committee (2003-2004) selected the subject “Pilgrimage to Sabarimala–Human Problems and Ecology” for detailed examination and presented its Report515

to Parliament.

Examination of cases referred to the Committee

In 1986, the Chairman, Rajya Sabha made a reference to the Public AccountsCommittee to examine the propriety of the Government issuing and laying certainnotifications seeking exemption from levy of customs and Central Excise Duties onthe eve of the Budget, 1986. The Committee examined the issue in-depth and furnisheda reply to the Chairman, Rajya Sabha giving their comments on the reference. On11 November 1986, the Chairman, Rajya Sabha made an announcement in the Houseon the observations of the Committee received by him.

The Committee also examined a specific case in pursuance of a reference madeby the Speaker, Lok Sabha, on a specific request made to him by the Minister ofFinance for making a comprehensive inquiry into all aspects of the issue relating torefunds of Central Excise Duties in cases of unjust enrichment, and presented aReport516 thereon.

A recent feature of working of the Committee has been its detailed evaluationof performance of the executive in implementing nation-wide development programmesaffecting vast segments of the population. The Committee has produced517 reports on

513. The Committee (1958-59) appointed a Sub-Committee on Cess Funds which submitted tworeports (19 and 20). These reports, after adoption by the main Committee, were presented toParliament.

514. The Committee presented 136, 167 & 176 Reports (5 LS), 141 (7 L.S.), 68, 156 and 164 Reportson 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.

Parliamentary Committees 859

National Highways; Food for Work programme; Planning process and monitoringmechanism in relation to irrigation projects; Drought prone area programme; DistrictIndustrial Centres; IRDP; NREP; Central Pollution Control Board; Janata ClothScheme; National Cancer Control Programme, etc. In the recent years the Committeeexamined and presented Reports518 on Ganga Action Plan; National Scheme ofLiberation and Rehabilitation of Scavengers and their Dependents; National AIDSControl Programme; Department of Ayurveda, Unani, Siddha & Homoeopathy; SarvaShiksha Abhiyan Scheme etc.

Another important feature of the working of the Committee has been to conductsystem appraisals in the field of revenue collection with a view to ascertaining as towhat extent the existing systems have been able to fulfil the underlying objectives.The Committee has produced reports519 on Customs Receipts—Working of Inlandcustoms Bonded Warehouses, Union Excise Duties—Price Lists, AssessmentProcedure—Summary and Scrutiny Assessment, Assessment of Lottery Business,Project Import, Assessment of Small Scale Industrial Undertakings, Assessment ofReligious and Charitable Trusts, Functioning of Investigation Circles, System Defectsin the Working of Chief Accounting Offices, Union Excise Duties—ProvisionalAssessments, the Advance Licencing Scheme, Union Excise Duties—Differentclassification for Similar Products; Assessment of Private Schools, Colleges andCoaching Centres; Status of Improvement of Efficiency through the ‘Restructuring’ ofthe 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-matterof which is under adjudication by a court of law and the Government put forth theplea that an examination of the case at that stage by the Committee would be prejudicialto 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 themembers of the Committee the Reports of the C&AG that have been laid on the Tableof the House since the time the last selection of paragraphs for in-depth examinationby the Committee was made. In its first meeting the members of the Committeesuggest the important paragraphs which, according to them, might be selected for in-depth examination. After detailed deliberations, the Committee selects the mostimportant paragraphs for examination during the course of the year keeping in viewthe availability of time. In making these selections, the Committee is assisted by theOfficers 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 thesesubjects.

519. The Committee presented 124, 145, 173 R. (8 LS); 8, 23, 32, 97, 102, 116 R. (10 LS); 14, 24 R.(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.

860 Practice and Procedure of Parliament

Although the Committee takes up only a limited number of Audit paras everyyear for detailed examination, it has evolved a built-in system from 1982 onwards tosee that action is initiated promptly by the Executive on all the Audit paragraphs.Under this system, the Ministries/Departments concerned are required to intimate tothe Committee, through the Ministry of Finance, corrective action taken or proposedto be taken on all the paragraphs contained in the Reports of the C&AG within aperiod of four months521 from the date of the laying of the relevant Audit Reports onthe Table of the House. This system ensures the accountability of the Executive inrespect 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 financialirregularities, 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 Committee’s 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 workinggroups of the Committee to examine and report on the replies of the Government tothe recommendations contained in the earlier reports of the Committee.

With a view to enabling the Committee to apply itself intensively to certainaspects of its work, Working Groups are constituted by the Chairman, in consultationwith the members of the Committee, as soon as a new Committee is formed. Membersof the Groups are chosen by the Chairman having regard, as far as possible, to theknown aptitude of the members and other factors. The Chairman also appoints aconvener and an alternate convener for each Working Group, one or the other ofwhom acts as the leader of the Group concerned and presides over its sittings.

Working Groups are constituted during each term of the Committee for thedifferent Accounts such as Civil, Defence, Railways, Posts, etc. Sometimes two ormore Accounts have also been entrusted to the same Group. Each Group makes adetailed study of the Accounts and Audit Report thereon assigned to it. The Groupis assisted by the Comptroller and Auditor-General or by his senior officer with theall connected material. In consultation with the Comptroller and Auditor-General orhis representatives, the Audit paragraphs are classified under three heads: mostimportant; important; and not so important. The idea underlying the classification bythe Working Group is that the Committee should devote greater attention to importantparagraphs so that the examination can be conducted in depth. The Working Groupdoes not present any report on its working to the Committee as it works purely in aninformal 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 1996onwards vide 9 Report (11 LS).

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Appropriation Accounts relating to a particular office, factory, installation or institutionwhich necessitate an on-the-spot study in order to make an assessment of the actualworking of that organisation, institution, etc., the Committee undertakes tour with theapproval 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 visit522, the Committee does not sit as a Committee. It doesnot hear witnesses, nor calls for documents, nor examines the officers. In the courseof the tour, the Committee’s inquiry is not, however, necessarily limited to the pointsraised in the Appropriation Accounts and Audit Report. No physical verification ofstock or stores is conducted by the Committee but the storage conditions and systemof store-keeping and stock verification may be studied generally.

Impressions of visits: A note summing up the impressions of the study tour isprepared and further information, if any, required by the Committee in the light of thevisit is collected from the Ministries concerned. The notes thus prepared are for theuse and information of members.

Members of the Committee cannot individually communicate to the Ministry orthe Minister their views or impressions on the working of a Government office, projector 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 beremoved from office in like manner and on like grounds as a judge of the SupremeCourt523. The appointment is made by the President on the advice of thePrime Minister. Before the Comptroller and Auditor-General enters upon his office,he subscribes before the President or some other person appointed in that behalf bythe President, an oath or affirmation according to the form set out in the Constitution524.

The duties and powers of the Comptroller and Auditor-General have beendescribed elsewhere525. The Audit Reports of the Comptroller and Auditor-Generalstand automatically referred to the Committee.

When the official witnesses are being examined by the Committee, theComptroller and Auditor-General sits to the right of the Chairman and assists him asthe evidence is being taken. As per established convention, With the permission of theChairman, he may ask a witness to clarify a point or pose a question and he mayfurther make a statement on the facts of the case526.

522. The first visit undertaken by the Sub-Committee of the Public Accounts Committee was inDecember 1952, to the Hirakud Dam Project for the purpose of witnessing, on the spot, constructionof various works, viz.. bridges, irrigation canals, dams, etc.

523. Arts. 148(1) and 124(4).

524. For specimen of the form, see Form IV—Third Schedule to the Constitution.

525. See Chapter VIII—‘Parliamentary Functionaries.’ Also see the C.A.G. (Duties, Powers and Conditionsof Service) Act, 1971.

526. In a sitting of the PAC held on 9 January 2007, Chairman, PAC clarified that CAG has a rightto intervene and ask questions with the permission of the Chair.

862 Practice and Procedure of Parliament

To assist the Committee in the examination of matters contained in Auditparagraphs, the Comptroller and Auditor-General furnishes to the Committee aMemorandum of Important Points (MIP) on each para selected by the Committee.Advance information on these points is called from the Ministry. The MIP is thenfurther supplemented by questions framed by the Secretariat of the Committee in thelight 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 andprevious reports of the Committee on the subject, if any. These questions form thebasis 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 considerthe programme of work for the year. The programme of sittings is drawn up by theSecretariat and approved by the Chairman527.

A day (usually the first day of the programme) is set apart for an informal sittingof the Committee when members discuss with the Comptroller and Auditor-Generalor with one of his senior officers the important points arising from the Accounts tobe examined:

According to the decision of the Committee which examined theAccounts of 1926-27, the first ten minutes of each sitting, where departmentalwitnesses were called in, used to be devoted each day to a preliminaryconsultation between the members and the Comptroller and Auditor-General.Proceedings of such sittings were recorded. However, a practice hassubsequently developed whereby the proceedings of briefing sessions are notrecorded.

Evidence

The Committee calls officials to give evidence in connection with the examinationof accounts relating to a particular Ministry. A Minister is not called before theCommittee either to give evidence or for consultation in connection with theexamination of those accounts528. Where a Minister makes a specific request to appearbefore the Committee, he may be permitted only if the Chairman considers it desirableafter he has had a talk with the Minister529. The normal practice is that after thedeliberations are concluded, the Chairman may, when he considers it necessary, havean informal talk with a Minister relating to the accounts of his Ministry which wereunder consideration of the Committee in order to apprise him of: (i) any matter ofpolicy laid down by a Ministry with which the Committee do not fully agree; and

527. Copies of the programme are circulated to: Ministries of the Government of India; the Comptrollerand Auditor-General and the Accounts/Audit Officers concerned; and the Secretariats of the StateLegislative Assemblies whenever the sittings of the Committee extend to more than three consecutivedays, with a view to facilitating the Chairmen and the members of State Public Accounts Committeesand their officers to witness the sittings, if they so desire. A communiqué notifying the programmeof sittings of the Committee is also released to the Press.

528. Dir. 99(1).

529. 50R (PAC-3LS)—such instances are, however, rare.

Parliamentary Committees 863

(ii) any matter of secret and confidential nature which the Committee would not liketo bring on record in their report.

The Committee may reconsider its conclusions in the light of such talk but theCommittee does not otherwise pursue further any of the matters with the Ministerafter 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 haveseldom taken place.

Examination of the representatives of Private Companies,Non-Government Bodies, etc.

Where the Committee takes up examination of the working of an agreemententered 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 opportunityto the representatives of the company or the non-Government body, as the case maybe, to appear before it and to give evidence on any points arising therefrom on whichthe Committee might desire to have further information or the representatives mightwish to give elucidation530.

Preparation and Presentation of Report

After the examination of the Appropriation Accounts and Audit Reports thereonhas been completed and all relevant information obtained from Government, the draftreport is prepared by the Secretariat based on the evidence, oral and written, givenbefore the Committee by the departmental representatives. The draft report is thensubmitted to the Chairman for approval and a copy thereof is forwarded to theComptroller and Auditor-General for factual verification. When the Committee sits toconsider 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 bythe Chairman or in his absence by any other member of the Committee so authorisedby him. A copy of the report is also laid on the Table of Rajya Sabha by a memberof the Committee from Rajya Sabha, duly authorised by the Committee. In case theRajya Sabha is not in session on the date when the report is presented to theLok Sabha. An authenticated copy of the report is sent to the Rajya Sabha Secretariatwith an intimation about the presentation of the report to Lok Sabha and a request thatthe 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 beincorporated in the report). Where the material to be incorporated in the report becomesbulky, it is split up into two or more volumes.

530. Dir. 100.

864 Practice and Procedure of Parliament

Implementation of the Recommendations

Initially a statement showing action taken or proposed to be taken by theGovernment on the recommendations of the Committee was compiled by the Secretariat.This statement enabled the Committee to watch how far its recommendations havebeen implemented by the Government. The statement, in which each recommendationof the Committee on the Accounts of a particular year was also summarised, wasforwarded to the Ministries concerned for necessary action, who was required to keepthe Secretariat informed of the action by them on these recommendations. On thebasis of the information thus furnished, the statement was revised and brought up-to-date531 and was placed before the Committee when it next took up the examinationof the Accounts relating to the respective Ministries. The statement enabled theCommittee to know at a glance the action taken or proposed to be taken in respectof each of the recommendations listed therein.

In the beginning, the decisions arrived at by the Government on therecommendations made by the Committee in its report were recorded in aResolution of the Finance Department which was also published in the Gazette.This practice was reviewed in 1929 and in pursuance of the recommendationof the Committee (1929-30), the practice of issuing an omnibus Resolutionwas discontinued in 1930 and instead the Finance Department started issuingquarterly statements of action taken by various Departments of the Governmentof India on the recommendations of the Committee532. The practice ofpreparing quarterly statements was discontinued at a later stage and only onestatement, which inter alia included items which remained outstanding fromthe previous reports, was compiled on the basis of the information furnishedby the Ministries concerned. This system continued till 1950 when thesecretarial functions of the Committee were transferred to the Lok SabhaSecretariat.

In the sixties, the practice of presenting separate Action Taken Reporton such main report of the Committee set in. An Action Taken Report isbased on the set of replies received from the Government normally withinsix months of presentation of the main report. It comprises of five Chapters—Chapter I: Report; Chapter II: Recommendations which have been acceptedby Government; Chapter III: Recommendations which Committee do notwant to pursue in view of Government’s replies; Chapter IV: Recommendations

531. In April 1955, the Comptroller and Auditor-General suggested that with a view to ensuringexpeditious action being taken on the recommendations of the Committee, the Cabinet Secretariatmight be entrusted with the work of consolidating the comments of the various Ministries of theGovernment of India and submitting them to the Committee early in the year. Centralising of thesefunctions in the Cabinet Secretariat did not seem to the Committee to be the solution for thedelays that occurred in the implementation of their recommendations. On the other hand, theCommittee thought that this course would divide the responsibilities of the Ministries in thematter of furnishing information to the Committee. It would also mean duplication as the Secretariatalready consolidated the information and presented it to the Committee.

The existing arrangement makes the Ministries directly responsible to the Committee and alsofacilitates disposal of work by the Committee.

532. Finance Department, Government of India, Res. No. D/1200-B, dt. 13 June 1930.

Parliamentary Committees 865

which the Committee wants to reiterate; and Chapter V: Recommendationsin respect of which final replies of Government have not been received.After presentation of Action Taken Report Government are supposed tointimate to the Committee the action taken or proposed to be taken on therecommendations contained in Chapter I and final replies in respect ofChapter V, Statements containing these Government replies are laid on theTable of both the Houses without further comments of the Committee.However, the Committee may, if it thinks fit, present another Action TakenReport533 on the recommendations included in Chapter V, i.e. therecommendations in respect of which Government had furnished interimreplies/no reply at the time of finalisation of its Action Taken Report.

Procedure in Case of Disagreement between the Governmentand the Committee

Recommendations of the Committee are treated with respect by the Governmentand most of them are accepted and implemented. In the event of any disagreementbetween the Government and the Committee in regard to any recommendation containedin the report of the Committee, the Government have, in the first instance, to apprisethe Committee of the reasons that might have weighed with them in not accepting orimplementing a recommendation.

The Action Taken Sub-Committee of the Public Accounts Committee examinesthe ‘action taken’ notes received from the Ministries/Departments and draws up separate‘Action Taken’ reports which are subsequently adopted by the main Committee andpresented to the House. Before finalising its report the Action Taken Sub-Committeecan call534 the representatives of the Ministries/Departments for informal discussionsand thus obtain clarification on points arising out of the notes furnished by theGovernment and also speed up the replies where they have not been received.

In the case of the Fourth Report of the Committee, 1952-53, theGovernment deviated from this procedure and laid a statement on the Tableon 11 August 1953, without placing the views before the Committee in thefirst instance. Thereupon, the Speaker directed that a circular should be sentto all the Ministries that in cases where Government had reasons to disagreewith the recommendation of the Committee, the Ministry concerned should,in consonance with the well-established procedure, place its views before theCommittee who may, if they think fit, present a further report to the Houseafter considering the views of the Government in the matter.

Again in 1954, the Minister concerned laid a copy of the note on theTable which had been submitted to the Committee in connection with itsobservations in the Ninth Report (1953-54), without waiting for the Committeeto 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 notewith 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 andDeptt. of Public Enterprises.

866 Practice and Procedure of Parliament

considered the procedure as inappropriate and expressed the view that inaccordance with the well-established parliamentary practice the considerationstage by the House should arise only after the Committee had made its finalrecommendation after reconsideration of the Government’s views535.

Discussion on the Report

Although it is open to the Lok Sabha to discuss reports of the Committee, suchdiscussion is seldom held, but members may make use of the Committee’s reports intheir 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 theCommittee and the Government or a Minister, that issue can be brought before theHouse and discussed536 on a motion, the discussion being confined to the remarks,observations and comments of the Committee, and neither the motion nor a substitutemotion thereto is put to the vote of the House537.

Till 1946, reports of the Public Accounts Committee had been discussedin the Legislative Assembly on a formal motion moved by the FinanceMember. Discussion on the report in the Assembly commenced from theyear 1930 on the recommendation of the Committee itself which had in itsreport said that ‘the Government should consider the best methods of givingeffect to the strong desire expressed in the Assembly that the House shouldbe given an opportunity to discuss in general terms the report of the PublicAccounts Committee on which the excess grants were based538. The firstdiscussion was confined to questions of general nature and scope of theCommittee. The motion was not put to vote539. The following year, however,after the Finance Member had replied to the debate on the report of theCommittee, the motion was put to the vote of the House and adopted. Thisprocedure continued to be in force except that in 1944 an amendment to themotion of the Finance Member was also moved and adopted by the House540.Another change took place in 1946. The Finance Member, while moving themotion for the consideration of the Committee’s report that year, also movedfor the regularisation of the expenditure incurred in excess of voted grantsduring the year to which the report related541.

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, the Speaker said:

“A rambling discussion of the whole report tends to destroy the effectiveness of therecommendations of the Committee. I am, therefore, of opinion that special points should beraised for discussion, more particularly those points where there is an unresolved differenceof 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.

Parliamentary Committees 867

Committee on Estimates

So much of the estimates as relates to expenditure other than that charged uponthe Consolidated Fund of India is submitted to the Lok Sabha in the form of Demandsfor Grants, and the Lok Sabha has the power to assent or to refuse to assent to anydemand, or to assent to any demand subject to the reduction of the amount specifiedtherein. It has also the power to discuss but not to vote the estimates which relate toexpenditure charged upon the Consolidated Fund of India542. The Lok Sabha, eventhough it discusses the estimates for a sufficiently long period543, nevertheless findsthat it has neither the time nor the flexibility to discuss the details and the technicalaspects of the estimates. The Lok Sabha has, therefore, set up a Committee called theCommittee on Estimates for this purpose.

After the Constitution came into force, provision was made in the Rules for thesetting up of a Committee on Estimates. Speaker Mavalankar, informing the Houseof the addition made in the Rules, said544 :

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 theHouse over expenditure by the Executive. The chief functions of this Committee will be toexamine such of the estimates as may seem fit to it and to suggest economies consistent withthe policy underlying the estimates. There will be, in addition, the usual Committee on PublicAccounts. The functions of these Committees will be mutually complementary and, it isexpected, they will not only give a picture of the entire financial position but the Committeeswill be mutually helpful in examining the finances for the future in the light of the expenditurein the past.

It was in 1937 that an enquiry was first made545 in the Central Assemblywhether the Government had any proposal for the setting up of an Estimates Committeeon the lines of the Select Committee on Estimates of the House of Commons. TheFinance Member (Sir James Gnigg) replied in the negative. In the following year, anamendment was moved by a member to a resolution moved by a private member forthe appointment of a retrenchment Committee, the amendment seeking to constituteinstead an Estimates Committee. The constitution of an Estimates Committee wasfavoured by the Finance member but the Assembly, due to certain reasons, did notaccept the amendment546. Again in 1944547 when the suggestion for the setting up ofthat Committee was revived in the Assembly, the Finance Member turned down theproposal on the plea that the Government officials were already over-burdened inassisting the Public Accounts Committee and the Standing Finance Committee.

In 1949, the Secretary of the Constituent Assembly (Legislative), in aMemorandum on the reform of Parliamentary Procedure in India, emphasized the

542. Art. 113.

543. See Chapter XXIX—‘Procedure 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.

868 Practice and Procedure of Parliament

need for subjecting the estimates, presented to Parliament to a detailed examination.Since sufficient parliamentary time could not obviously be made available for examiningin detail the estimates nor did the ordinary members possess expert knowledge ofdetails of administration and financial insight, he stressed that for an effectiveparliamentary control over expenditure, there must be a properly constituted Committeeof the House endowed with necessary powers to examine both the appropriationaccounts and the estimates548. The proposal was ‘strongly supported’ by SpeakerMavalankar. The Government accepted this recommendation and the Minister ofFinance referred to it in his Budget speech on 28 February 1950549.

Composition

The Committee consists of not more than thirty members550 who are elected bythe House every year from amongst its members according to the principle ofproportional representation by means of the single transferable vote551on a motionadopted by the House. This system of election ensures that each Party/Group isrepresented on the Committee in proportion to its strength in the Lok Sabha. In Aprileach year a motion for election of members to the Committee is moved by theMinister of Parliamentary Affairs at the commencement of each Lok Sabha and insubsequent years by the Chairman of the Committee before the term of that Committeeis due to expire552.

In order to maintain continuity in membership of the Committee andto make available to the Committee the experience gained by members fora period longer than one year, a convention has been established that whilenominating members for election, Parties and Groups in the House keep inview that as far as possible the same members serve the Committee for twoconsecutive terms.

A Minister is not elected to the Committee and if any member after his electionis appointed a Minister, he ceases to be a Member of the Committee from the dateof such appointment553.

The term of the Estimates Committee commences on 1 May every year, but theterm of the first Committee of a new Lok Sabha may commence on any day after theconstitution 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 from the 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 inadvance of the expiry of the term of the outgoing Committee.

553. Rule 311(1). Chairman of the Estimates Committee, Chintamani Panigrahi, ceased to be theChairman and member of the Committee on his appointment as Minister of State on 22 October1986. On 12 May 1986, Smt. Sheila Dixit ceased to be member of the Committee on appointmentas Minister of State.

Parliamentary Committees 869

of the following year. The term of office of the members of the Committee is limitedto the term of the Committee.

Chairman of the Committee: The Chairman of the Committee is appointed bythe Speaker from amongst the members of the Committee who, besides the functionscommon to the Chairmen of Parliamentary Committees in general554, performs certainother functions in connection with the working of the Committee. For instance, theChairman, by convention, finally decides as to whether a particular document orinformation, which is held to be secret, need be called for from the Government andwhether such information or document need be made available to all the members ofthe Committee555. He determines whether cases regarding the classification of ‘charged’items in the Budget require to be examined by the Committee556 and undertakesinformal talks with the Ministers or representatives of the Ministries, if necessary, onspecified matters557.

If the Chairman of the Committee ceases to be a member of the Committee, theCommittee 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 arespecifically referred to it by the House or the Speaker, with a view:

to reporting what economies, improvements in organisation, efficiencyor administrative reform, consistent with the policy underlying the estimates,may be effected;

to suggesting alternative policies in order to bring about efficiency andeconomy in administration;

to examining whether the money is well laid out within the limits ofthe policy implied in the estimates; and

to suggesting the form in which the estimates shall be presented toParliament558.

The Committee does not exercise its functions in relation to such publicundertakings as are allotted to the Committee on Public Undertakings under the Rulesof Procedure or by the Speaker.

At the beginning of its term every year, the Committee selects subjects concerningany 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 estimatesof 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.

870 Practice and Procedure of Parliament

year, and reports to the House as its examination proceeds. The guidingprinciple for selection is that one round of examination of the importantestimates of all Ministries should, as far as possible, be completed within thelife of each Lok Sabha559.

Ad hoc subjects of importance which prima facie appear to deserve examinationin detail are also referred to the Committee from time to time by the Speaker or theHouse. Such references are made either through directions of the Speaker560 in theHouse or in the form of communication561 to the Chairman of the Committee fromthe Speaker. The Committee may also take up any matter of sufficient importance forad hoc examination by itself or on the suggestion of a member of the Committeeprovided that the matter does not relate to a proposal of Government which has notbeen finalised562.

Examination of ‘charged’ items

It is open to the Committee to call the details of expenditure charged on theConsolidated Fund of India563 and to scrutinise whether the classification of items ofexpenditure between ‘voted’ and ‘charged’ has been done strictly in accordance withthe provisions of the Constitution and Acts of Parliament564.

The Ministry of Finance informs the Committee of the decisions which theGovernment may take from time to time regarding the inclusion of ‘charged’ item ofexpenditure in the Budget for the first time, or whenever a change is made in theclassification 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 theinformation to be given in the Budget papers on Demands for Grants, the matter isreferred to the Committee for their recommendations566.

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 totreat the interest payments on capital advanced by the Government of India to Departments runon commercial lines as charged items under article 112(3)(c). The matter was referred to theMinistry of Finance for clarification. The Ministry decided after consultation with the Comptrollerand Auditor-General and the Ministry of Law that such items of expenditure would be treated infuture as voted items and not charged because they did not constitute the liability of the Governmentof India within the meaning of article 112(3)(c). The change in the classification was given effectto in the Budget Estimates for the year 1961-62.

566. 37R (EC-8LS).

Parliamentary Committees 871

unconnected with the particular estimates, may arise or come to light in the course ofits work and which it may consider necessary to bring to the notice of the House567.

After the Committee has selected the subjects, the Ministry concerned is askedto furnish detailed information regarding its organisation, set-up, activities, the broaddetails of estimates, particulars of expenditure, etc. After studying the material soreceived, members send their suggestions or any points on which further informationis required by them. These points and suggestions are consolidated in the form of aquestionnaire 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 forfurnishing replies.

The fundamental objectives of examination by the Committee are economy andefficiency in administration and ensuring that money is well laid out within the limitsof the policy implied in the estimates. The Committee does not go into or commenton a policy approved by Parliament568 but where it is established on evidence that aparticular policy is not leading to the expected or desired results, or is leading towaste, it is the duty of the Committee to bring to the notice of the House that thechange in the policy would be desirable.

The Committee is at liberty to examine policies laid down by Governments asdistinct from those approved by Parliament. It is also open to the Committee toexamine any matter which may have been settled as a matter of policy by theGovernment in the discharge of its executive functions569 and the Committee has attimes suggested alternative policies in order to bring about efficiency and economyin administration570.

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 theirAnnual Reports and Accounts to Parliament’-73R (EC-2LS); ‘Public Undertakings—Forms andOrganization’-80R (EC-2LS), etc.

568. In the course of his address at the inaugural sitting of the Committee (1959-60), the Speakerclarified 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 Parliamentyour business is to see that policy is carried out...not divorced from its financial implications.It is only where a policy involves expenditure and you find that the policy has not workedproperly, 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 from the Ministryof 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 theSalt Organisation and creation of an autonomous Salt Board—15R (EC-1LS), para 21 and 22;re-examination of the question of continued existence of Cantonments—46R (EC-1LS), para 91.

570. For instance, the Committee suggested transfer of the subject of minor ports from the ‘ConcurrentList’ to the ‘Union List’-51R (EC-1LS), para 44; reduction in the excise duty on steel for securingbetter export market-33R (EC-2LS), para 186; re-adjustment in the allocation of funds under theSecond 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.

872 Practice and Procedure of Parliament

Formation of Sub-Committees/Study Groups

The Committee may, whenever considered necessary, appoint Sub-Committeesand Study Groups for securing flexibility in working and for detailed scrutiny of thesubjects selected for examination.

During the first two years of its existence, the Committee did notappoint any Sub-Committee. It was during 1950-51 and 1951-52 that theCommittee for the first time appointed Study Groups to which were allocatedspecific subjects for intensive study.

The formation of Study Groups enables the Committee to divide its work amongthe members so that they may specialise in particular subjects and study themintensively. The Study Groups are constituted by the Chairman. Members of theGroups are chosen by him after taking into account the wishes of the members toserve on them.

The Chairman also appoints a Convener for each Study Group who acts as theleader of the Group and presides over its sittings. Study Groups are appointed duringthe term of the Committee to deal with fresh subjects, action taken by Governmenton earlier reports, and procedural matters. Study Groups may also be appointed todeal with any ad hoc subjects.

The Study Group dealing with a fresh subject is required to study intensivelythe material supplied by the Ministry or Department, etc.; to prepare the questionnairefor issue to that Ministry or Department after approval of the Chairman; to undertakestudy tours and record impressions thereof; to indicate broad points on which theSecretariat may draft reports; and to discuss draft reports before circulation to themain Committee.

The Study Group dealing with action taken by the Government on earlier reportsof the Committee is required to scrutinise replies received from Government; toindicate points on which the Secretariat may draft reports; and to discuss draft reportsbefore circulation to the whole Committee.

The Study Group dealing with the procedural matters is generally composed ofConveners of Groups, and the Chairman of the Committee acts as its leader. TheGroup draws up a tentative programme of work for the Committee, Sub-Committeeand Study Groups; discusses procedural matters before they are referred to the wholeCommittee; co-ordinates the work between the various Study Groups orSub-Committees, etc.

Study Tours by the Committee

The Committee undertakes on-the-spot study tours to acquaint itself with theworking of an establishment under examination. Local offices are also visited by theStudy Group or Sub-Committee concerned. For the purpose of tours, the Committeeusually divides itself into two Study Groups.

Notes relating to the working of the establishments to be visited are called forin advance from the concerned Ministry and circulated to the members of the StudyGroup. A list of points for informal discussion is also drawn up.

Parliamentary Committees 873

While on tour the Study Group may hold informal sittings but nodecisions are taken at such sittings nor is any evidence taken571.

The Study Group may discuss points to elicit relevant information butit does not express any view. It is not authorised to give any information orinterview to the Press or to any outsider in relation to the discussion held orobservations made or impressions gathered.

A note summing up the impressions of the study tour is prepared and furtherinformation, if any, required by the Committee in the light of the visit is collectedfrom 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 membersof the Committee.

Assistance to the Committee

The Committee does not favour obtaining technical advice on matters selectedfor examination572. Not being a technical Committee, it does not go into matters oftechnical detail. In order to obtain a fuller picture of the subjects under examination,the Committee usually invites non-official experts and representatives of leadingnon-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 connectionwith 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 onany matter, the Ministry or Department is represented by the Secretary or the Headof 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 theMinistry or Department before the Committee. Where it is felt that views of Ministriesother than those whose estimates are under examination would be useful, theirrepresentatives are also called to give evidence on the subject573. A Minister is notcalled before the Committee either to give evidence or for consultation in connectionwith the examination of the estimates by the Committee574. When considered necessary,but only after the deliberations of the Committee are concluded, the Chairman mayhave an informal talk with a Minister, the estimates of whose Ministry were underconsideration of the Committee, in order to apprise him of any matters of policy laiddown by his Ministry with which the Committee do not fully agree and any matterof secret and confidential nature which the Committee would not like to bring on571. Dir. 50(2).

572. Suggestions that experts in the subjects under examination be appointed to assist the Committeein its work have not been accepted by it.

573. Min. (EC), 20-12-1958 and 12-3-1959.

574. Dir. 99(1).

874 Practice and Procedure of Parliament

record in its report.575 Although it is open to the Committee to reconsider its conclusionsin the light of such talk, it does not otherwise pursue further any of the matters withthe Minister576.

Formal evidence of a Minister is thus not recorded but informal reference toobtain information may be made to him in connection with any matter before theCommittee. In their capacity as members of a commission or a statutory body. Ministerssometimes appear before the Committee and discuss matters577.

Ministers of State Governments are held in the same position as Ministers ofthe Union Government, and the Committee accordingly does not summon StateMinisters to appear before it. The State Ministers may, however, forward their viewsto the Chairman for being brought to the notice of the Committee578.

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 theCommittee in its investigations. The selection of non-official witnesses for evidencebefore 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 agreemententered into by the Government of India with a private company or any non-Governmentbody, the Committee may summon or give an opportunity to the representatives of theCompany or the non-Government body, as the case may be, to appear before it andgive evidence on any points on which the Committee desires to have further information,or on which the representatives would like to give elucidation579.

575. Dir. 99(2).

576. Dir. 99(3).

577. On 9 April 1958, the Committee discussed with the members of the Planning Commission a fewpoints of general importance relating to the composition, organisation, functions and working ofthe Commission. Among the members of the Planning Commission, the Ministers who attendedin their capacity as members of the Commission were the Minister of Planning, the Minister ofDefence and the Deputy Minister of Planning.

On 30 October 1958, the Committee took evidence of the representatives of the All IndiaInstitute of Medical Sciences. Among the representatives of the Institute present before theCommittee was the Finance Minister. Bombay, in his capacity as the Chairman of the FinanceCommittee of the institute,

578. Request from the Finance Minister, Saurashtra, to permit him to appear before the Committee(1954-55) when it was examining the estimates of the Coal Board. State Collieries and the SaltOrganisation, was not acceded to.

579. Dir. 100.

Parliamentary Committees 875

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 frommembers, is prepared by the Secretariat for approval of the Chairman. After hisapproval, advance copies of the list are circulated to the members of the Committee580.The Chairman puts questions from the list one by one to the witnesses. If a memberdesires to ask a supplementary question for elucidating a point, he does so with thepermission of the Chairman581.

Minutes

The minutes of the sittings of the Committee are compiled separately for eachreport or group of reports as may be convenient. Minutes form part of the Report asAnnexures and are presented to the House along with the Report to which theyrelate582.

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 adesire that his views should be recorded, the fact is recorded in the minutes, if agreedto by the Committee.

Preparation of Report

When the examination of any part of the estimates of a Ministry has beencompleted by the Committee, a draft report is prepared by the Secretariat583. After theChairman’s approval, it is circulated to the members of the Committee for beingconsidered and adopted at its sitting584. However, in respect of a report of theSub-Committee on Defence, such portions of the report as are considered by theChairman to deal with confidential matters which it is not advisable to make publicin the interest of security are not placed before the whole Committee but forwardedby the Chairman to the Speaker585.

When members are not likely to assemble together for a period of time, theyauthorise the Chairman to finalise the report of the Committee by circulation and inthe light of the comments offered by them586. Likewise, if a sitting of the Committeecalled for the purpose of consideration of a draft report is adjourned for want ofquorum, 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 from 1950-51 to 1958-59 was to compile the entire minutes relating to thesittings 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).

876 Practice and Procedure of Parliament

Factual verification of the reports

Advance copies of the report, as adopted by the Committee excludingrecommendations, are marked ‘Secret’ and sent to the concerned Ministry orDepartment for factual verification. They are required to treat the contents of thereport as secret until it is presented to the House587. Draft reports which concern moreman one Ministry are usually sent to ail concerned Ministries or to the nodal Ministrywhich acts as the co-ordinating agency.

On receipt of the comments of the Ministry or Department, the Chairman makessuitable modification in the report to correct factual inaccuracies, if any, or places thematter before the Committee for consideration when additional facts, likely to alterrecommendations, are furnished by the Ministry588 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 AccountsCommittee, are not discussed by the House, the idea being that as the reports aredetailed and deal with diverse subjects, recommendations of the Committee in ageneral discussion may not be viewed in their proper perspective589. The discussionmay also not afford sufficient time and scope for presentation of full data which isa prerequisite for proper appreciation of the details of the reports.

Moreover, the discussion of the report in the House may proceed on party linesand thus come in the way of the healthy convention under which the Committee’srecommendations are made without reference to party affiliations.

As far as the Government are concerned, they are given full opportunity topresent their point of view both at the time of factual verification of a draft report andagain at the time of sending intimation regarding action taken on the recommendationsof the Committee, and the Government’s view point finds due place in the reports ofthe Committee.

It is open to the members to ask questions during Question Hour or raise pointswith regard to the implementation of the recommendations of the Committee whenthe Demands for Grants of the Ministry concerned are placed before the House590.

Implementation of the Recommendations

Although technically the recommendations of a Parliamentary Committee arenot formally described as directions by the House, they are in practice regarded assuch by a long-standing convention. The recommendations of the Estimates Committeeare generally accepted by the Government and acted upon.

After the Committee’s report is presented to the House, copies thereof areforwarded 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.

Parliamentary Committees 877

recommendations contained in the report be sent not later than six months591 from thedate of its presentation to the House. On receipt of the replies showing the actiontaken by the Government on the recommendations contained in the report of theCommittee, these are examined by the Secretariat or the Study Group/Action TakenSub-Committee appointed for the purpose and is placed before the Chairman togetherwith the recommendations of the Study Group.

If there is any point which in the opinion of the Study Group and/or the Chairmanrequires consideration by the Committee, it is specifically referred to the Committee592.

On the basis of the comments made by the Committee or the Study Group, adraft 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 inview of Government replies; IV. Recommendations/Observations in respect of whichreplies of the Government have not been accepted by the Committee; andV. Recommendations/Observations in respect of which final replies of the Governmentare still awaited593.

The draft report is considered by the concerned Study Group/Action TakenSub-Committee and after the Chairman’s approval, it is circulated to the members ofthe Committee for adoption. Sittings of the full Committee are convened forconsideration and adoption of the report. The report, after factual verification by theMinistry or Department concerned, is finalised by the Chairman and is presented tothe House.

Laying of Action Taken Statements

While forwarding the Action Taken Report to the Government, the Ministryconcerned shall be asked to furnish as early as possible statements of action taken orproposed to be taken by them on the recommendations contained in Chapter I andfinal replies to the recommendations contained in Chapter V of the Report. Thereplies so received are consolidated in the form of a statement and after Chairman’sapproval, laid on the Table of the House without further processing or comments bythe Committee594.

Report of Government Committee Appointed in Pursuance ofCommittee’s 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 concernedand they are asked to furnish replies within three months failing which the Committee wouldfinalise report on the action taken by Government without waiting further.

If the Ministry requests for extension of time, the Chairman may agree to give reasonableextension 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 tothe report. 1R (EC), rule 22(3).

594. Min. (EC), 10-9-1960; see also Dir. 102.

878 Practice and Procedure of Parliament

made in report of the Committee, the report of such a Committee is not made publicunless it has been seen by the Committee595.

Committee on Public Undertakings

The introduction of planned economic development in the country and theadoption of the Industrial Policy Resolutions by the House in 1948 and 1956 led toa steady growth of various enterprises which are controlled and managed by theGovernment of India. Several statutory corporations and Government companiesinvolving large investment of capital funds thus came into existence. The performanceof such public undertakings became a live subject for discussion, and the Lok Sabhadecided that since the moneys required to finance them are appropriated from theConsolidated 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 enterpriseswas discussed for the first time in the Lok Sabha in 1953596. The creation of separateParliamentary Committee to look into the affairs of various categories of publiccorporations, companies and institutions was suggested597, but Government thought itinadvisable to proceed with the setting up of the Committee at that time598.

Speaker Mavalankar, in a letter of 19 December 1953, addressed to the PrimeMinister, had observed that there was a general feeling in favour of appointing astanding Parliamentary Committee to examine the working of autonomous publiccorporations. He pointed out that the Estimates Committee and the Public AccountsCommittee were already over-burdened with work and would not be able to find timeto go into the working of these corporations599. The Prime Minister, in his reply,observed that there should be overall control of Parliament over autonomous andsemiautonomous corporations. He, however, added that the object of havingautonomous corporations would be defeated, to some extent, if there was anyinterference in their day-to-day working.

The demand for setting up a separate Committee to take over the functions inrelation to public corporations or autonomous bodies from the Estimates and thePublic Accounts Committees was again put forward in 1956 but with no result600. Onthe suggestion of the Chairman of the Estimates Committee, a Sub-Committee of theEstimates 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 CongressParty in Parliament to consider the problems relating to State-owned corporations andcompanies and to suggest how broad supervision could be maintained by Parliamentin the day-to-day activities of these concerns. The Sub-Committee endorsed the595. 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 CongressParty 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.

Parliamentary Committees 879

suggestion of Speaker Mavalankar for the setting up of a separate Committee ofParliament for public undertakings. On 24 November 1961, the Government decidedto appoint a Joint Committee on State Undertakings. On the same day a motion forthe constitution of the Committee, with 10 members from the Lok Sabha and 5 fromthe Rajya Sabha, was moved in the House but further discussion was postponed dueto objections raised by some members601. Later, the matter was taken up in theRajya Sabha and the members of that House objected to their association with theCommittee unless they were given full rights602. After taking into consideration thevarious objections raised by members in both the Houses, the Government, on21 September 1963, moved in the Lok Sabha two revised motions for constituting theCommittee which were later adopted by the House603, and the Rajya Sabha alsoagreed to associate its members with the Committee604. 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 fifteenmembers. Ten members were elected by the Lok Sabha from amongst its membersaccording to the principle of proportional representation by means of the singletransferable vote. Five members from the Rajya Sabha, elected in like manner, wereassociated with the Committee. In order to cope with the increase in the number ofundertakings, the strength of the Committee was raised from fifteen to twenty-twosince 1974-75, fifteen members being elected from the Lok Sabha and seven from theRajya Sabha605. The members of the Rajya Sabha are invited to associate with theCommittee on a motion adopted by the Lok Sabha and concurred to by theRajya Sabha. A Minister is not elected a member of the Committee. If a member, afterhis election to the Committee, is appointed a Minister, he ceases to be a member ofthe Committee from the date of such appointment.

The Chairman of the Committee is appointed by the Speaker from amongst themembers of the Committee.

The term of office of members of the Committee does not exceed one year606.However, the term of office of members of the Committee constituted for the firsttime 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 theyear of constitution to 30 April of the following year. In case, if the Committee isconstituted later than 1 May of a particular year, like in an election year, the term ofthat Committee shall nevertheless end on 30 April of the following year607.”

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 termlasted till 30 April 1999. Likewise, the Committee was constituted on 27 August 2004, and itsterm ended on 30 April 2005.

880 Practice and Procedure of Parliament

Filling of Casual Vacancies

Casual vacancies occurring in the Committee are filled on a motion moved inregard thereto in the House concerned. The motion in the Lok Sabha is moved by theChairman of the Committee and in the Rajya Sabha by a member of the Committeefrom that House608. Prior to the moving of such a motion in the Rajya Sabha that theydo agree to nominate a member from that House to associate with the Committee forthe unexpired term of the Committee, a motion is adopted by the Lok Sabharecommending to the Rajya Sabha to fill a casual vacancy and the Lok Sabha isofficially informed through a message about the name of the member elected by thatHouse. The same procedure is followed to fill a casual vacancy when any member ofthe 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 havebeen specifically allotted to the Committee for this purpose609;

(b) to examine the reports, if any, of the Comptroller and Auditor-General onpublic undertakings;

(c) to examine, in the context of the autonomy and efficiency of publicundertakings, whether the affairs of the public undertakings are beingmanaged in accordance with sound business principles and prudentcommercial practices; and

(d) to exercise such other functions vested in the Public Accounts Committeeand the Estimates Committee in relation to the public undertakings specifiedfor the Committee as are not covered by clauses (a), (b) and (c) above andas may be allotted to the Committee by the Speaker from time to time610.

608. A motion was to be moved in the Rajya Sabha to nominate three members in the vacancies causedby the resignation of three members from the Committee. There was no member of theRajya Sabha on the Committee to move the motion (as there had already been two vacancies dueto the retirement of members from the Rajya Sabha which had not been filled by then). Themotion 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; LifeInsurance Corporation; Central Warehousing Corporation; Food Corporation of India; TheAirports Authority of India; The Industrial Development Bank of India.

II. Every Government company whose annual report is placed before the Houses of Parliamentunder sub-section (1) of section 619A of the Companies Act, 1956.

III. Specific enterprises, namely Hindustan Aeronautics Ltd., Bharat Electronics Ltd., MazagonDock 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 Statecame under the President’s rule from 10 September 1964, and the Government of India becameresponsible for the administration of the State. During 1965-66, the Committee took up theexamination of seven Kerala State Government Companies under the direction of the Speaker ona request made by the Governor of the State.

Parliamentary Committees 881

Besides, a matter of public importance with which a public undertaking isconcerned may be referred to the Committee by the Speaker for examination andreport611.

The Committee does not examine and investigate any of the following:

matters of major Government policy as distinct from business or commercialfunctions of the public undertakings;

matters of day-to-day administration; and

matters for the consideration of which machinery is established by any specialstatute under which a particular public undertaking is established612.

The examination of public undertakings by the Committee is generally in thenature of an evaluation of the performance of an undertaking covering all aspects likeimplementation of policies, programmes, management, financial working, etc.

Procedure in Committee

At the beginning of each term, the Committee selects613 the subjects or theundertakings for examination during the course of the term. It is also the practice toselect614 a few subjects or undertakings in advance for the ensuing year.

Besides the full-fledged examination of an undertaking or a subject, a Committeecan also conduct a limited inquiry into the affairs of an undertaking which are oftopical interest. In such cases, the Chairman is authorised to ascertain full facts fromthe undertaking concerned without prior reference to the Committee615.

The Ministry or the undertaking concerned with the subjects to be examined bythe Committee is asked to furnish preliminary material for use of the members of theCommittee. The material on receipt is circulated to the members who, after goingthrough it, frame questions or points on which further information is required bythem. Based on these points as also on an independent scrutiny of the preliminarymaterial and other available literature on the subject, the Secretariat, with the approvalof the Chairman, prepares a questionnaire for the examination of concernedundertakings and the Ministries. The questionnaire is circulated to the members of theCommittee as well as to the concerned undertaking/Ministry well before the evidenceof 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 requiredto send written replies for the remaining questions within a specified period. Thereplies, when received, are circulated to members of the Committee and if theCommittee considers necessary, further evidence of the undertaking/Ministry may betaken.

611. On request made by a member, the matter re. contract entered into by the State Trading Corporationwith an American firm for 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.

882 Practice and Procedure of Parliament

The Committee may also invite memoranda on the subjects under examinationfrom non-official organisations such as chambers of commerce, trade organisations,professional consultants, companies in the private sector and also from privateindividuals. Memoranda are called for from such non-official organisations, etc. ashave shown a keen interest in the subject or have expert knowledge of the industryand whose views may be of help to the Committee.

The Committee may also call for memoranda from the chief office-bearers ofregistered unions of the undertakings taken up for examination. As and when theCommittee visits any of the undertakings or projects under examination, an opportunityis given to the registered unions of employees or workers of that undertaking toexpress their views on the working of the undertaking. If it is deemed necessary, theCommittee 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 matterslike productivity, cost of production, avoidance of waste, efficiency and economy aretaken into consideration but the Committee does not go into individual cases ormatters pertaining to industrial disputes616.

Horizontal Study of Public Undertakings

In addition to the public undertakings selected for examination, the Committeealso takes up horizontal study of a few common aspects or problems of theseundertakings617. In such cases, information on the particular aspects or problemsselected for examination is called for from all the undertakings. After the informationhas been received and scrutinised, evidence of the representatives of the concernedMinistries is taken. In other respects, the procedure adopted by the Committee in suchhorizontal studies does not differ much from that followed in the examination ofindividual undertakings.

Study Groups/Sub-Committees

After the selection of subjects, Study Groups are appointed for carrying outdetailed studies of the subjects selected and providing assistance to the Committee inintensive examination of the subjects. A Sub-Committee is also appointed to considerthe replies of the Government indicating action taken on the various recommendationsof 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 ManagementRelations, Role and Achievements of Public Undertakings, Foreign Collaboration in Public SectorUndertakings, Structure of Boards of Management of Public Undertakings, Appointment ofAuditors in Government Companies, Management and Control Systems, Productivity in PublicUndertakings, Accountability and Autonomy in Public Undertakings, Disposal of scrap of PublicUndertakings, Litigations pending in Public Undertakings, Social Responsibilities and PublicAccountability of Public Undertakings and Sickness in Public Undertakings, Oil Exploration,Health Insurance, and Performance of Power generating PSUs.

Parliamentary Committees 883

Study Tours

The Committee undertakes tours to make a study of the working of theundertakings under examination if it appears to the Committee that a study on-the-spot should be made618. The itinerary is so prepared as to enable the Committee tovisit a number of projects and offices of the undertakings under examination in thesame tour. The tours are arranged when Parliament is not in session. Besides suchtours, visits to a project or an office near about Delhi or visits to local offices are alsoarranged during a week end.

While on tour, the Committee, like the other Parliamentary Committees, holdsinformal sittings at the place of the visit where the working of the undertaking isdiscussed with the project authorities but at such sittings, no decisions are taken norany evidence recorded619. Occasionally, the Committee holds discussions with therepresentatives of non-official organisations to have their views and suggestions onthe working of the undertakings under examination. A note summing up the impressionsformed and discussions held with the officials and others during the tours is preparedby the Secretariat and circulated to the members of the Committee after it is approvedby the Chairman.

Evidence

The Committee calls officers of the undertaking to appear before it to giveevidence in connection with the examination of that undertaking, and the evidence isusually completed in two to four sittings of the Committee. Thereafter, the Committeetakes evidence of the officers of the administrative Ministry concerned. Whereasdiscussion with the Officers of the undertaking relates to matters connected with thedetailed working of the organisation, evidence of the Ministry is concerned withpolicy matters and such other matters for which the Ministry is responsible, partly orwholly. The practice of calling the representatives of an undertaking separately fromthose of the concerned administrative Ministry has been established in view of autonomyclaimed for the undertakings and in order to afford them full scope to put forwardtheir points of view freely.

When the evidence of the representatives of an undertaking is being held, therepresentatives of the administrative Ministry concerned are not permitted to be presentand vice versa.

Assistance of Comptroller and Auditor-General

The Committee takes the assistance of the Comptroller and Auditor-General orhis representatives in pursuing such matters as have been raised in the Audit Report(Commercial) or in the Audit Reports pertaining to Government companies or statutorycorporations which have been taken up for examination. The Committee obtains a‘Memorandum of Important Points’ from the Comptroller and Auditor-General on theissues raised in the Audit Reports. Suitable questions are framed on the basis of the

618. 1R (CPU), rule 10.

619. Ibid., rule 10(3).

884 Practice and Procedure of Parliament

Audit Reports and the memorandum furnished by the Comptroller and Auditor-General.When the Committee takes evidence of the representatives of the undertakings underexamination, it is assisted by the Comptroller and Auditor-General or his representativeswho may, with the permission of the Chairman, ask a witness to clarify a point or maymake a statement on the facts of a case. The association of the Comptroller and Auditor-General or his representatives in the discussion is confined only to points relating toAudit paras; when such discussion is over, they withdraw from the Committee room.

Before taking evidence of the representatives of an undertaking, the Committeeholds an informal meeting with the Comptroller and Auditor-General for clarificationof any points arising out of the Audit paragraphs.

Preparation and Presentation of Report

After the examination of a subject has been completed, the Committee framesits conclusions and recommendations for inclusion in the report620. On the basis ofthese conclusions and recommendations, a draft report is prepared by the Secretariat.After the Chairman’s approval, it is circulated to the members of the Committee andconsidered at a sitting held for the purpose621.

Advance copies of the report (excluding recommendations) as adopted by theCommittee are marked “Secret” and sent to the Ministry and undertaking concernedfor verification of factual details. Portions of the report which are based on, or arerelated, to Audit paragraphs are sent to the Comptroller and Auditor-General forfactual verification. It is enjoined on them to treat the contents of the report as secretuntil its presentation to the Lok Sabha622.

Any comments that may be offered by the Ministry and the undertaking areplaced before the Chairman who makes suitable modifications in the report to correctfactual inaccuracies. When additional facts which are likely to alter decisions containedin the report are furnished by the Ministry, the Chairman may place the matter beforethe Committee for consideration623.

An authenticated copy of the report is presented in the Lok Sabha by theChairman but if he is unable to do so then one of the members of the Committee isauthorised to present it on his behalf. Simultaneously, the report is laid on the Tableof the Rajya Sabha by one of the members of the Committee belonging to that Houseauthorised by the Committee in this behalf. If the Rajya Sabha is not in Session onthe day on which the report is to be presented to the Lok Sabha, the report is laid onthe Table of that House when it assembles next.

As a convention, the reports of the Committees like those of the EstimatesCommittee 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 ofthe Committee directly to the Ministry concerned, instead of incorporating them in 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.

Parliamentary Committees 885

Minutes of Sittings

The minutes of the sittings of the Committee are prepared by the Secretariat foreach report and copies thereof, duly authenticated by the Chairman, are laid on theTables of both the Houses along with the report to which they relate624.

Implementation of Recommendations

After the presentation of the Committee’s report to the Lok Sabha, copiesthereof are forwarded to the Ministry and the undertaking concerned who are requiredto furnish to the Secretariat within six months of the presentation a statement showingthe action taken by the Government on the recommendations contained in the report.The Action Taken Sub-Committee headed by the Chairman examines the statementand 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 notbeen received.

The draft report is later considered and adopted by the whole Committee. Thedraft ‘Action Taken Report’ as adopted by the Committee without recommendationsis 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 theMinistry, etc. and decides the date of its presentation.

Replies received from the Government to the recommendations625 in respect ofwhich comments were made by the Committee in Chapter I and the final replies tothe recommendations contained in Chapter V of the Action Taken Report are laid onthe Tables of both the Houses by the Chairman or a member of the Committeewithout further processing or comments by the Committee.

Committee of Privileges

Each House of Parliament collectively, and its members individually, enjoycertain privileges, i.e. certain rights and immunities without which the House and itsmembers cannot discharge the functions entrusted to them by the Constitution. Theobject of these privileges is to safeguard the freedom, the authority and the dignityof the House, its Committees and members626. Where there is any question of analleged breach of a privilege, the matter may be examined by the House but generallyit is referred by the House to its Committee of Privileges for examination, investigationand 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 TakenReports’ except in cases where replies to any recommendations in the original reports have beenreported as outstanding or the Committee have otherwise specifically desired so in Chapter I ofthe Report.

626. For details about powers, privileges and immunities of the Lok Sabha, etc., see Chapter XI.

886 Practice and Procedure of Parliament

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 members627.Usually, the Committee is reconstituted each year along with other ParliamentaryCommittees of the Lok Sabha. In constituting the Committee, the Speaker takes intoconsideration the claims, interests and the strength of various Parties and Groups inthe House so that the Committee is fully representative. The Minister of Law and theMinister of Parliamentary Affairs are generally included in the Committee. The DeputySpeaker, when a member of the Committee, functions as the Chairman of theCommittee628.

The Committee of Privileges was first appointed by the Speaker on 1 April1950629. 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 Partiesand Groups in the House. The Committee reconstituted on 2 May 1955, for the firsttime consisted of fifteen members630.

Functions

When leave to raise a question of privilege is granted by the House, the Housemay consider the question itself and come to a decision or refer it to the Committeefor consideration and report on a motion made either by the member who raised thequestion or by any other member631. In practice, the House usually refers almost allquestions of privilege to the Committee and reserves its judgment until the report ofthe Committee is presented632.

Besides, the Speaker may also suo motu refer any question of privilege to theCommittee for examination, investigation and report633. In such cases, the Committeepresents its report to the Speaker who may either direct that the report be laid on theTable634 or that no further action be taken on the report. When the report is laid onthe Table, further action in the matter is taken in accordance with the decision of theHouse. 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 1967when opinion was divided in the House about the alleged breach of privilege. Instead of referringthe 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 ofprivilege was decided on the floor of the House without referring the matter to the Committee bysummoning two concerned police officers and accepting their apologies—L.S. Deb., 3-12-1970,cc. 185-87.

633. Rule 227.

634. See 1 to 7 R, 10 R (CPR-2LS); 4R (CPR-10LS).

Parliamentary Committees 887

by the Speaker after a brief discussion in the House, the Committee presented itsreport to the House635.

It is the duty of the Committee to examine every question of privilege referredto it to determine with reference to the facts of each whether a breach of privilege isinvolved and, if so, the nature of the breach, the circumstances leading to it, and makesuch recommendations as it may deem fit636. Thus, the Committee may recommendsome specific form of punishment to be awarded to the offenders637. The Committeemay also suggest the procedure that might be followed by the House in giving effectto the recommendations made by it638.

The Committee has also sometimes been required by the House or the Speakerto consider questions of procedure relating to the privileges of the House639. In onecase, the Committees of Privileges of the Lok Sabha and of the Rajya Sabha heldjoint sittings and presented a joint report on the question of procedure to be followedin cases where a member or an officer of one House is alleged to have committed abreach of privilege or contempt of the other House640.

With the coming into force with effect from 18 March 1986, of the Membersof Lok Sabha (Disqualification on Ground of Defection) Rules, 1985 made by theSpeaker under paragraph 8 of the Tenth Schedule to the Constitution641, an additionalfunction has been assigned to the Committee. The Speaker may, if he is satisfiedhaving regard to the nature and circumstances of the case that it is necessary orexpedient to do so, refer642 a petition regarding disqualification of a member onground of defection to the Committee for making a preliminary inquiry and submittinga report to him643. The procedure644 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 Case—13R (CPR-2LS); S.C. Mukherjee Case—12R (CPR 4LS).

638. Rule 314; see also 1R and 6R (CPR-2LS).

639. 1R and 6R (CPR-2LS).

640. Report of Joint 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 cameinto force with effect from 1 March 1985.

642. There have been two cases where the Speaker had referred matters arising out of petitions fordisqualification under the Tenth Schedule to the Constitution, to Committee of Privileges formaking preliminary inquiry and submitting a Report to him. Both cases pertained to the8th 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 ChandraYadav and Ramakant Yadav, members belonging to BSP, under the Tenth Schedule to theConstitution and Rules made thereunder (referred to the Committee during 14th Lok Sabha), theCommittee 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 theReport of the predecessor Committee (Committee of Privileges, 8LS) had come to a conclusionthat in such matters the Committee are required only to give their findings on the facts of the case

888 Practice and Procedure of Parliament

making a preliminary inquiry is generally the same as the procedure for inquiry anddetermination 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 todisqualification under the Tenth Schedule without affording a reasonable opportunityto such member to represent his case and be heard in person645.

The Committee does not associate any person or body from outside, formallyor informally, with its deliberations.

When a question of privilege is referred to the Committee by the House or bythe Speaker, a memorandum on the subject is prepared by the Secretariat for theconsideration 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 thenotice of the sitting at which the matter is to be considered by the Committee. TheCommittee may also ask the Secretary-General to have a memorandum prepared fortheir consideration on any specific point of fact or law involved in the matter646.

For a proper examination of the question of privilege involved, the Committeemay hear the member who raised the question of privilege in the House647, or permithim to explain his case in a written statement648, or hear any other member of theHouse who may desire to place his views before the Committee on the question ofprivilege under consideration649 or decide not to hear him650. Where the breach ofprivilege involved is that of a member of the House, usually the Committee affordshim an opportunity to explain his case before the Committee in person651.

The Committee has the power to send for persons, papers and records652. Awitness may be summoned by an order signed by the Secretary-General to appearbefore the Committee and to produce such documents as may be required for the useof the Committee653. It is the general practice for the Committee to give an opportunity

and it isn’t the Committee’s remit to decide questions of law and arrive at conclusions on themerits 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 subsequentcases too i.e., those pertaining to petitions under the Tenth Schedule to the Constitution (referredto 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 factsof 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); KrishnanManoharan Case 11R-(CPR-5LS); Kumvar Ram Case (CPR-7LS); Satish Agarwal Case—5R(CPR-7LS); Satyanarayan Jatiya Case—SLR (CPR-7LS).

652. Rule 270.

653. Rule 269.

Parliamentary Committees 889

to the person alleged to have committed a breach of privilege or contempt of theHouse to submit his explanation to the Committee in writing654, and also in person655.The Committee may, under the direction of the Speaker, permit a witness to be heardby a counsel appointed by him and approved by the Committee656. The Committeemay, where the facts of the case are disputed, administer oath or affirmation to awitness examined before it657.

Where the charge of a breach of privilege or contempt of the House is basedon some document, the Committee may ask for the production of the document inoriginal658.

The Committee decides in each case whether the evidence, oral or written,given before it should be appended to its report659. No minutes of dissent are appendedto the reports660, but the Committee may agree that it be mentioned in the minutes thata member expressed his dissent from its report or findings or recommendations661.The Committee has also permitted a note containing the views of its member(s) beingappended to its report662.

Consideration of Report

After the report of the Committee has been presented to the House, the Chairmanor any member of the Committee or any other member may move that the report betaken 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 whichnormally does not exceed half an hour in duration. In this debate it is not permissibleto refer to the details of the report further than is necessary to make out a case forthe consideration of the report by the House663.

To the motion that the report be taken into consideration, there can be a motionor 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 Housewas moved and held to be in order, before the motion that the House agreesor disagrees, or agrees with amendments, with the report, was moved664.

654. Deshpande Case (1LS); Sundarayya Case (1LS); 7R, 11R, 12R and 13R (CPR-2LS); 1R(CPR-3LS).

655. Deshpande Case (1LS); Blitz Case—13R (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 writtenstatement 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).

890 Practice and Procedure of Parliament

A motion or an amendment relating to matters not covered by the report underconsideration or referring the report back to the Committee is not in order665. In caseof further developments after presentation of the report, the House may consider thematter itself instead of referring it back to the Committee666.

However, on a motion moved by the Leader of the House, a report wasreferred back to the Committee for consideration of certain matters arisingout of that report667; and on another occasion, after hearing the member whohad originally raised the question of privilege, a report was referred back, atthe consideration stage, for reconsideration of the Committee668. On oneoccasion, the House, while accepting the findings of the Committee, referredback the report to the Committee for a review of the quantum of punishmentto be awarded669.

Where the Committee reports that no breach of privilege of the House has beencommitted, no further proceedings are usually taken in reference to the report670.However, on the Committee reporting that no breach of privilege has been committedand recommending that no action be taken in the matter, the House may consider thereport and then resolve that the matter need not be proceeded with671.

Where a regret is expressed or clarification is given by the alleged offender, theCommittee may not give a finding whether or not a breach of privilege has beencommitted and recommend that no further action be taken by the House in the matter672.In such cases, the recommendation is invariably accepted by the House.

A motion that the report of the Committee be taken into consideration is normallyaccorded the priority assigned to a matter of privilege unless there has been delay inbringing 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 urgencyof the matter. He may also consult the Leader of the House before giving his decisionin the matter. However, if a date has already been fixed for the consideration of thereport, the motion is given priority on the day so appointed. In case considerable timehas elapsed since the report was presented, the Speaker has the discretion to disallownotice of a motion for consideration of that report673.

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 membergiven before the Committee.

668. L.S. Deb., 24-11-1969, cc. 210-22.

669. Kunwar Ram Case—2R (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 Singh’sCase-1R (CPR-2LS).

671. See 8R (CPR-2LS); L.S. Deb., 24-2-1959, cc. 2692-715.

672. Kunwar Ram Case—2R (CPR-7LS); Bhogendra Jha Case—4R (CPR-7LS).

673. Rule 316.

Parliamentary Committees 891

Committee on Subordinate Legislation

With the ever-widening governmental activity in a welfare State, subordinatelegislation has become a necessity674. While Parliament lays down broad principlesin a legislative measure, it leaves it to the Executive to frame, in conformity withthose principles, formal and procedural details about that measure in the form ofrules, regulations, etc. The authority so delegated to the Executive has to be keptunder scrutiny. Parliament exercises the necessary check and control in this respectthrough the Committee on Subordinate Legislation. It is the function of the Committeeto see that the rule-making power of the Executive, conferred by the Constitution ordelegated by the Parliament, is being exercised within the scope of such delegation675.Each House of Parliament has its own Committee and they function independent ofeach other.

Composition

In the Lok Sabha, the Committee consists of fifteen members who are nominatedby the Speaker676. In making selection from a panel of names submitted by the Leaderof the House and by the Leaders of other Parties and Groups, the Speaker givespreference to those who have legal background and experience.

The suggestion for having a Standing Committee on SubordinateLegislation was first made in the Provisional Parliament during the BudgetSession in 1950677. The rules for constituting such a Committee were framedand incorporated in the Rules on 30 April 1951678. The first Committee wasconstituted on 1 December 1953, and consisted of ten members. The strengthof the Committee was raised to fifteen by amending the relevant rule on9 January 1954679.

The term of office of the Committee is one year from the date of itsappointment680. Like most other Standing Committee CSL is constituted in thebeginning of a new Lok Sabha and then reconstituted annually.

Functions

The main function of the Committee is to scrutinise and report to the Housewhether the powers to make regulations, rules, sub-rules, bye-laws, etc. (hereinafterreferred to as ‘orders’) conferred by the Constitution, or delegated by Parliament, arebeing properly exercised within such delegation681.

674. For details, see Chapter XXIV—Subordinate Legislation.

675. For observations of the Law Commission of India on the working of the Committee, see14th 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.

892 Practice and Procedure of Parliament

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 seeingwhether suitable provisions for the laying of the ‘orders’ before each House ofParliament, while it is in session, for a total period of thirty days which may becomprised in one session or in two or more successive sessions, have been madetherein, as also for their being subject to modification by both the Houses before theexpiry of the session immediately following the session or the successive sessionsaforesaid682.

The Speaker, if he so desires, may refer a Bill containing provisions for delegationof legislative powers to the Committee to examine the extent of such powers soughtto be delegated683. Where powers are proposed to be delegated to State Governmentsor other authorities for bringing into operation any subsidiary provisions or for makingany further ‘orders’, the Committee is to examine the necessity for such delegationas well as the extent and the manner in which such powers are to be exercised by thesubordinate authorities concerned. If the Committee is of the opinion that the provisionsdelegating legislative powers should be annulled wholly or in part, or should beamended in any respect, it reports that opinion and the grounds thereof to the Housebefore the Bill is taken up for consideration or further consideration in the House684.

Besides reporting to the House its opinion about annulment or modification ofany ‘order’, the Committee brings to the notice of the House any other matter relatingto ‘orders’ which it feels should be placed before the House685.

682. In practice, all Bills are examined by the Secretariat immediately after their introduction in, or onbeing transmitted by the Rajya Sabha to the Lok Sabha. If a Bill does not contain provisions forlaying of ‘orders’ for their being subject to modification by Parliament, the matter is placed beforethe Committee and necessary amendment to the Bill is sponsored by a member of the Committeewherever 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 aSelect/Joint Committee, this defect is brought to the notice of that Committee at the appropriatetime for incorporating the necessary provision in the Bill—5R (CSL-2LS), paras 26-27. re. theGold (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 arosewhether the delegation of rule-making powers contained in the Bill was of a normal or exceptionalnature. The Committee was of the opinion that although the delegation of powers was normal andwithin the ambit of the legislative policy laid down in the Bill, the relevant clause of the Billshould be recast to provide for a positive approval by Parliament of the rules framed thereunderwithin forty days from the day of their being laid on the Table or from the reassembly ofParliament, as the case may be; otherwise, the rules would cease to be operative. The amendmentrecommended by the Committee was adopted by the House—See 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 form of 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-makingpowers, 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.

Parliamentary Committees 893

In practice, the Committee scrutinises all ‘orders’ made by the Government ofIndia or by any other subordinate authority686 ultimately responsible to the Government,and which are published in the Gazette or laid on the Table. The Committee does notscrutinise the ‘orders’ which are made by the State Governments in exercise of powersconferred on them by an Act of Parliament687. Similarly, the Committee does notscrutinise the rules which are made by the Supreme Court under article 145, by HighCourts under the Code of Civil Procedure, and the rules made by the President inconsultation with the Chairman of the Rajya Sabha and the Speaker of theLok Sabha688.

Scope of Deliberations and Inquiry

While examining an ‘order’, the Committee considers in particular689 whetherit is in accord with the general objects of the Constitution or the Act pursuant to whichit is made690 whether it contains matter which in the opinion of the Committee shouldmore properly be dealt with in an Act of Parliament691; whether it contains impositionof any tax692; whether it directly or indirectly bars the jurisdiction of the courts693;whether it gives retrospective effect to any of the provisions in respect of which theConstitution or the Act does not expressly give any such power694; whether it involvesexpenditure 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 ofpowers delegated by the Government of India under the Essential Commodities Act, 1955, or therules made thereunder—See 2R (CSL-2LS), paras 55-62; bye-laws, etc. made by various CantonmentBoards under the Cantonments Act, 1924.

687. For instance, the orders made by the State Governments under the Motor Vehicles Act, 1939, andunder several labour laws enacted by Parliament.

688. For instance, rules made by the President after consultation with the Speaker/Chairman underart. 98(3).

689. Rule 320.

690. In the case of the Delhi Transport Authority Rules, 1952, the Committee observed that theChairman’s powers to overrule the views of the Chief Accounts Officer were contrary to section16(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 SRO85 of 1953, were regarded by the Committee as substantive which ought to have been incorporatedin the relevant Act rather than in the rules—2R(CSL-1LS), paras 6-8. Subsequently, the provisionswere incorporated in the Act—4R(CSL-2LS), p. 19, item 1; 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 expresslybe 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 accordinglythe provision was beyond the limits of rule-making powers—2R (CSL-1LS), paras 6-8; see also1R (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 18-19–see also Indian Sugars and RefineriesLtd. 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.

894 Practice and Procedure of Parliament

appears to make some unusual or unexpected use of the powers conferred by theConstitution or the Act pursuant to which it is made695; whether for any reasons itsform or purport calls for any elucidation696; and whether there appears to have beenunjustifiable delay in its publication697 or in laying it before Parliament698.

Normally, all ‘orders’ should be published before the date of their enforcementor they should be enforced from the date of their publication. However, if in anyparticular case the ‘orders’ have to be given retrospective effect in view of anyunavoidable circumstances—the 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 beadversely 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 followingpoints:

that it is couched in simple language700; that it contains, if it is anamending regulation or rule, adequate references to the principle regulation,rules, etc., and to the last amendment, if any, so that one could keep a trackof the amendments in the principal rules701; that it indicates exact statutoryauthority under which it has been made702; that it does not involve sub-delegation of legislative power without the authority of the parent Act703orwhere sub-delegation is authorised, it should not be wide and general, withoutproper safeguards704; that it is not likely to cause any hardship to any citizenon the ground of lack of ‘adequate notice provisions’705, that it does notcontain provisions whereby the Executive is empowered to issue ordersaffecting the interests of citizens without affording them an opportunity ofbeing heard, and without the right of appeal706; 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 term “Port Authority” was subsequently definedin the Calcutta Dock Workers (Regulation of Employment) Scheme, 1956, 2R (CSL-2LS), p. 20,item 13. 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 beenpublished after an inordinate delay—see 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 Committeeduring the First Lok Sabha, 279 cases during the Second Lok Sabha and 160 cases during theThird Lok Sabha; 93 cases during the Fifth Lok Sabha see 3R (CSL-6LS), para 7; and 99 casesduring 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 andS.O. 1671 of 1958; 2R (CSL-2LS), para 26(2) and S.O. 1670 of 1958.

Parliamentary Committees 895

provision which may result in arbitrary exercise of powers707; and that anyof its provisions is not unjustifiable on general democratic principles708 andis not ambiguous709.

Where an Act provides that certain matters might be regulated by rules,regulations, etc. framed thereunder, the Committee considers and reports to the Houseif there has been an undue delay in framing such rules710.

Since there is no general statutory obligation711 on the Government to reprintthose orders which undergo extensive amendments, the Committee suggested to theMinistries concerned that such rules should be reprinted from time to time for theconvenience of the public712.

Procedure of Working

As soon as an ‘order’ is published in the Gazette713 or laid on the Table, it isexamined by the Secretariat to determine whether any of its provisions require to bebrought to the notice of the Committee on any of the grounds specified in the Rule714,or in accordance with any practice or direction of the Committee715.

The Committee also takes cognizance of the representations/complaints receivedfrom 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 powersof 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, the ControlOrders were amended suitably.—4R (CSL-2LS), paras 44-45; 3R (CSL-2LS), paras 21-23 andG.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, item 11.

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 and156-171. 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 amaximum period of six months within which rules should be framed after the commencement ofthe Act.

711. The only Central Act which prescribes such a condition is the Sea Customs Act, 1878. Section 204thereof lays down that all rules made under the Act and “for the time being in force, shall becollected, arranged and published at intervals not exceeding two years and shall be sold to thepublic 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 Committee’s suggestionsfor printing and publication of statutory rules and orders.

713. All rules and regulations framed by the Central Government are normally required by the respectiveparent Acts to be published in the Gazette. They become operative only on such publication unlessotherwise 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 whetherit 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, item 9.

In the case of an amending ‘order’, it is also checked whether it contains adequate referencesto the principal ‘orders’.—See 3R (CSL-1LS), para 45 and 7R (CSL-2LS), paras 33-35.

896 Practice and Procedure of Parliament

and makes appropriate recommendations for modifications/amendments in the rulesthrough its reports716.

If in the course of examination of an ‘order’ it is considered necessary to seeka clarification regarding any point arising out of it, the matter is referred to theconcerned Ministry for comments717. When the comments are received, the matter isre-examined and if it is considered necessary to bring any point or points to the noticeof the Committee, a self-contained memorandum on each point is prepared for approvalof the Chairman of the Committee718. After the Chairman’s approval, the memoranda,together with copies or extracts of relevant ‘orders’, are circulated to the members ofthe Committee in advance of the date of the sitting719.

At the sitting of the Committee, memoranda are taken up one by one and at theend 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 recordedaccordingly.

Sometimes when important legal issues arise out of an ‘order’ under examinationof the Committee and if the Committee feels that an authoritative opinion of theAttorney-General is necessary, such opinion is invited and placed before the Committeein the form of a memorandum720. The Committee then takes a decision after takinginto consideration the opinion of the Attorney-General.

Evidence of Officials

The Committee may call the Secretary of a Ministry or head of a Departmentto appear before them for giving evidence on any aspects of the ‘orders’ underexamination of the Committee.

Study Tours

In rare cases, the Committee may also undertake study tour to any organisationfor on-the-spot study and discussions with officials and representatives of theorganisation about the impact of the ‘orders’ issued by the Government in pursuanceof 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 Ministryconcerned are obtained in the first instance so that both the opinion of the Secretariat and thepoint 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 invitedin some cases, e.g. on the Delhi (Control of Building Operations) Regulations, 1955; the PunjabSugarcane (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.

Parliamentary Committees 897

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 therewith721.

The introductory chapter begins with a paragraph indicating the number of thereport and the fact that the Committee have permitted the presentation of the reportto the House. The remaining paragraphs of this chapter inter alia show the numberof the sittings held and the number of ‘orders’ considered by the Committee duringthe period mentioned therein and also the date on which the Committee adopted thereport.

Then follow the chapters dealing with the ‘orders’ in respect of which theCommittee makes their observations and recommendations. Each chapter contains thepoint or points raised in respect of a particular rule or regulation, the substance of thereply, if any, given by the Ministry concerned and the views of the Committee.Normally the concluding chapter includes information about the action taken orproposed to be taken by the Government on various recommendations contained inthe earlier reports of the Committee722. A summary of recommendations is appendedat the end of the report.

The report, after being signed by the Chairman, is presented to the House onthe date fixed by him.

After a report of the Committee is presented to the House, copies thereof arecirculated to all the members. Reports of the Committee are not discussed in theHouse but on occasions the recommendations of the Committee have been referredto by members during questions or debates in the House723. Sometimes, the ‘orders’which are laid on the Table are discussed in the House724. When notices of motionsfor modification of ‘orders’ which have been laid on the Table are given by members,the Business Advisory Committee sometimes refers such motions to the Committeefor consideration and report to the House before the motions are discussed. TheCommittee, after hearing the views of the members concerned, considers the suggestedmodifications and presents a report to the House. In such cases also, the report of theCommittee is not discussed, but the members, in the course of the debate, may referto the views expressed by the Committee in its report725.

Implementation of Recommendations

The Committee keeps a constant watch on the implementation of theirrecommendations726. 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 ofstatements appended to the reports of the Committee. See 2R-8R, 10R-13R (CSL-2LS).

898 Practice and Procedure of Parliament

a statement of action taken or proposed to be taken by them on the recommendationsmade by the Committee and on the assurances727 given by them in the course of theircorrespondence with the Committee. The information so received is examined in theSecretariat and placed before the Committee in the form of a memorandum with theapproval of the Chairman728. If a Ministry is not in a position to implement, or feelany difficulty in giving effect to, any recommendation, it represents to the Committeeits case explaining the difficulty. The Committee, if satisfied with the views of theMinistry, either modifies or drops the recommendation729. If the reply of the Ministryis not satisfactory, the recommendation is pursued further730. The progress ofimplementation of the various recommendations is reported to the House by theCommittee from time to time731.

Committee on Government Assurances

Various assurances, promises and undertakings are given by Ministers fromtime to time on the floor of the House either to consider a matter, take action or tofurnish 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 Committeeon Government Assurances. The Committee on Government Assurances is an innovationof Indian Parliament. Parliament made this innovation with a view to institutionalisingthe procedure to ensure the fulfilment of promises and undertakings given from timeto time by the Ministers on the floor of the House732.

The Committee consists of not more than fifteen members who are nominatedby the Speaker. The Chairman of the Committee is appointed by the Speaker fromamongst the members of the Committee. If, however, the Deputy Speaker is a memberof the Committee, he is appointed as Chairman. The Rules prohibit nomination of aMinister as a member of the Committee, and if a member, after his nomination to theCommittee is appointed a Minister he ceases to be a member of the Committee fromthe date of such appointment733. The term of office of members of the Committeedoes not exceed one year734.

The Committee was first nominated by the Speaker on 1 December1953 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, theMinistry accepts it forthwith and gives an assurance to remove the shortcoming. The Committeemakes a note of such an assurance and report to the House. The implementation of such assurancesis 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 and8-12-1961 cc. 4038-39.

732. In this respect, the Lok Sabha can claim to 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).

Parliamentary Committees 899

the Committee by the Speaker on 13 May 1954735. In the life of the First LokSabha, the Committee was reconstituted twice thereafter, on 21 May 1955and 13 June 1956. Since then the Committee has been reconstituted withfifteen members every year.

Functions

The Committee scrutinises the assurances, promises and undertakings given bythe Ministers on the floor of the House from time to time in reply to questions orduring the discussions on Bills, resolutions, motions, etc. and reports on the extent towhich such assurances, etc. have been implemented and where implemented, whethersuch implementation has taken place within the minimum time necessary for thepurpose736.

The Committee has approved a standard list of expressions or forms which aretreated as constituting assurances, undertakings, etc. given by the Minister737. Theseexpressions, though not exhaustive, are meant for the guidance of the Committee. Anyaddition to, or deletion from these expressions is decided by the Committee.

On behalf of the various Ministers, the Ministry of Parliamentary Affairs isresponsible for culling out assurances, etc. from the proceedings of the House. TheSecretariat, 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 properlyextracted738. In the event of any discrepancy noticed in the list of assurances compiledby the Ministry of Parliamentary Affairs, the matter is placed before the Chairman ofthe Committee for decision.

If it is represented by a Ministry or Department that a particular statement ofa Minister should not be treated as an assurance and if the Chairman or the Committeefeels unable to accept such representation, the Committee may hear a representativeof the Ministry or Department concerned with the subject matter of the assurancebefore it decides whether the assurance should be dropped or pursued for itsimplementation.

Where necessary, the Chairman or the Committee may refer the matter to theSpeaker for guidance.

Implementation of Assurances

The Committee on Government Assurances has prescribed an outer limit ofthree months for the implementation of an assurance to be calculated from the dateof its being given in the House739. 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. Notagreeing with the plea of the Government and stressing the need for the earliest implementationof assurances, the Committee agreed to increase the period to three months on an experimentalbasis. The matter was reviewed in November 1969 and the Committee confirmed the period ofthree months for implementation of assurances.

900 Practice and Procedure of Parliament

difficulty in implementing the assurance within the stipulated period, the Ministryconcerned may submit to the Committee a request for extension of time as consideredminimum for fulfilment of the assurance740. Normally, the Committee accedes to suchrequests unless it finds the request to be frivolous.

The assurances are, according to a decision taken by the Committee, categorisedinto three categories—A, B and C. Category ‘A’ consists of those assurances whichpertain solely to the Union subject for the implementation of which action is to betaken 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 theConcurrent List and information needed for implementation of the assurance pertainspartly 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 jurisdictionof the State Government and where action is to be taken or information supplied bythe State Government(s) and the Union Government have to simply place it before theHouse. The Committee expects category ‘A’ assurances to be implemented withinthree months. In the case of category ‘B’ assurances one or more extensions may begiven after three months if the information to be supplied by the State Governmentis still awaited. In the case of category ‘C’ assurances, the Committee grant extensionsof time for implementation more liberally because the Union Government here aredependent solely on the State Government741.

Similarly, if for any valid reasons the Government finds that it is not feasibleto implement an assurance given on the floor of the House, the Government have toapproach the Committee and place the facts for its consideration. If the Committeeagree that it is not possible to implement the assurance, it may recommend droppingof the assurance in its report to the House. On one occasion the Committee agreedwith the Ministry concerned that it was not desirable to fulfil an assurance, givenearlier, on the ground of secrecy or public interest742. The work of the Committee isof a continuous nature and it is generally the practice that the work of the Committeeleft unfinished at the end of the term is taken up by the succeeding Committee at thestage 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 thepending assurances and drops only those assurances which have lost their publicimportance and utility due to the efflux of time. The remaining assurances are pursuedby the Committee for implementation743.

Statements showing action taken by the Government in the implementation ofthe assurances, etc. given by Ministers in the House are laid periodically744 on the740. 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 concernedto the Minister of Parliamentary Affairs and its being laid on the Table by the Minister ofParliamentary Affairs. Min. (CGA), 5-11-1965.

Questions may be asked in the House if a member is not satisfied with the reasons given oradequacy 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.

Parliamentary Committees 901

Table by the Ministry of Parliamentary Affairs. The Committee, having noted a markeddeterioration in the matters of disposal of pending assurances and observing that thedelay in the implementation of unfulfilled assurances resulted in their importancebeing lost by the lapse of time, amended its rule to the extent that the statementsshowing action taken by the Government in the implementation of assurances may belaid on the Table by the Minister concerned. The idea in introducing this change inthe procedure was to make the Ministries which delayed the action accountable to theHouse745 and thus fasten responsibility on them for such lapses746. However, theamended Rule has not yet come into force, as the Minister of Parliamentary Affairshas 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 theassurances as do not appear to have been fully or satisfactorily implemented, areplaced before the Committee for its consideration, as also the cases where, consideringthe 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 laidabout implementation of assurances, the Committee feels that it is necessary toundertake an on-the-spot study tour to have first hand knowledge about reasons fordelay in the implementation of an assurance or to find out whether the assurance hasbeen adequately implemented within the minimum reasonable time, it may do so withthe approval of the Speaker. Notes of such study tours are prepared by the Secretariatand approved by Chairman and with the approval of the Speaker, circulated to allmembers of the Committee.

Evidence

If necessary, the Committee may call for officers of the concerned Ministries togive evidence before them in regard to action taken by the Government in theimplementation of certain assurances747. The Chairman of the Committee may also inan appropriate case call the Secretary of a Ministry or the Head of a Department orpublic undertaking to explain in person the reasons for delay in the implementationof the assurances which are pending for an unusually long time.

745. Questions asked in the House during the August-September and November-December 1965 sessionsfurther revealed that it is not always possible for the Minister of Parliamentary Affairs to explainthe position of the pending assurances whenever specific enquiries are made by members in theHouse—L.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 anyparticular assurance had to answer the criticism about 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.

902 Practice and Procedure of Parliament

Preparation and Presentation of the Report

After the examination of the action taken by the Government to implement theassurances, the extent to which they have actually been implemented and whethersuch 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 bythe Secretariat. After the Chairman’s approval, the report is circulated to the membersof the Committee and considered at a sitting held for the purpose.

After the Report has been adopted by the Committee, the Chairman or in hisabsence another member of the Committee as authorised by the Chairman presentsthe Report to the House. The Report of the Committee, as a convention, is notdiscussed in the House. The decisions of the Committee are unanimous and there isno minute of dissent to the Report748.

Laying of Minutes

The minutes of the sittings of the Committee usually form part of the Reportwhich is presented to the House. Minutes of the sittings of the Committee are not laidon 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 withoutpermission of the House absent from all the sittings thereof, his seat may be declaredvacant by the House749. Provision has accordingly been made in the Rules prescribingthe method for seeking permission of the House by a member for remaining absentand, where it has become necessary, for the vacation of a seat. To deal with applicationsfrom members for leave of absence and other cognate matters, the House has constituteda Committee called the Committee on Absence of Members from the Sittings of theHouse.

The Committee consists of fifteen members nominated by the Speaker, andholds office for a term not exceeding one year750.

The Committee is constituted at the commencement of each Lok Sabha andreconstituted in the month of May or June every year.

Prior to 12 March 1954, when this Committee was first constituted,applications received from members desiring leave of the House to remainabsent from sittings thereof were considered by the House. On receipt, theapplication was read out to the House by the Speaker and the pleasure of theHouse 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.

Parliamentary Committees 903

members, it was difficult for the House to consider and decide such casesdirect, the Rules Committee recommended that the House should appoint aCommittee to examine the applications in the first instance and the Housemight consider the matter on a report made to it by the proposed Committee751.

Functions

The functions of the Committee are752.

to consider all applications from members for leave of absence fromthe sittings of the House; and

to examine every case where a member has been absent for a periodof sixty days or more, without permission, from the sittings of the House andto report whether the absence should be condoned or circumstances of thecase justify that the House should declare the seat of the member vacant753.

Besides, the Committee performs such other functions in respect of attendanceof members in the House as may be assigned to it by the Speaker from time to time754.

Whenever a member is continuously absent from the sittings of the House fora period of forty days, without obtaining permission, a letter is addressed to him bythe Secretariat drawing his attention to the relevant provisions of the Constitution andthe 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 fiftydays755. 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 continuedabsence exceeded sixty days. It was later felt that unless applications forleave 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 leaveof absence for a period of less than 15 days.—7R (CAM-1LS).

753. The seat of a member who had been absent from the sittings of the House without permissionfor a long period was, on a motion moved and adopted by the House, declared vacant—18R(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 forexamination:

what the purpose is behind granting leave of absence for 59 days only in the first instanceand 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 reasonfor, grant of leave—L.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 theCommittee for consideration and report:

“Whether members who do not attend the sitting of the Lok Sabha in the first hourshould be treated as absent for the whole day.”

The matter was examined by the Committee on 29 May 1956, and a report thereon waspresented 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.

904 Practice and Procedure of Parliament

Committee might find it difficult to recommend condonation for the periodof absence where applications were received after the expiry of sixty daysof continuous absence756.

Normally, the Committee recommends that the leave be granted or the absencecondoned. It is only where disregard is shown to the House by a member of furnishingunsatisfactory explanation for his continuous absence without permission from thesittings of the House for sixty days or more that the Committee recommends that theabsence may not be condoned and the House should declare his seat vacant757. Sucha report is presented to the House after the Speaker and the Leader of the House haveagreed to the recommendations contained therein. Where leave of absence is appliedfor by members due to certain extraneous factors beyond their control, the Committeehas brought such matters to the notice of Speaker and the Ministry concerned758.

Proceedings in the Committee

After preliminary scrutiny by the Secretariat, all applications from members forleave of absence from the sittings of the House are placed before the Committee759

except those with requests for leave of absence for a period of less than fifteendays760.

Generally, the memorandum containing particulars regarding all the leaveapplications to be considered by the Committee forms the main item of discussion bythe Committee761. Each application is considered on its merits762. The Committeenotes in particular that the period of leave of absence applied for by a member doesnot exceed sixty days and that the reasons stated by a member for his absence are notvague763.

The Committee does not recommend leave of absence for more than fifty-ninedays at a time to a member even if he has asked for a longer period764. In such cases,

756. 1R (CAM-1LS).

757. Rule 241; see also 18R (CAM-1LS), para 9(9). Where the reasons are considered satisfactory bythe 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 ingetting a boat from Port Blair, the Committee suggested that in view of his standing complaintin 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 ofabsence on the ground that the appeals filed by him in the cases pending against him had not yetbeen heard, the Committee recommended grant of leave and suggested, inter alia, that the matterbe 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 forleave 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 memorandum include 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 from Proviso to Rule 242 and the decision of the Committee that the leaveapplied for should not exceed a period of 60 days. See 1R (CAM-1LS).

Parliamentary Committees 905

the member concerned is advised to apply again for the remaining period765. However,in the case of a member applying for leave of absence after the expiry of sixty daysof continuous absence, the period of absence of the member upto the date of hisapplication is recommended for condonation and grant of leave of absence isrecommended for the period after the date of application766.

Where an application for leave of absence from a member is on grounds ofillness, the Committee does not insist on a medical certificate from the memberconcerned767.

After considering each application the Committee768. The recommendation ofthe Committee in respect of each application forms part of the report which is presentedto 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 leaveof absence considered by it. Any observation made by the Committee having a bearingon their procedure is also included in the minutes769. In cases where the Committeeso desires, extracts from the minutes are also sent to the member whose applicationfor leave of absence has been considered by it.

The minutes of sittings of the Committee held during a session are laid on theTable of the House towards end of the session.

Nature and Contents of the Report

The report of the Committee normally contains recommendations on applicationsfor leave of absence after giving particulars regarding period of absence and thereasons therefor, and recommendations and decisions on other matters, if any,considered by the Committee.

After the report is presented to the House770, generally two days elapse beforethe pleasure of the House is taken by the Speaker in respect of recommendations ofthe Committee in order to enable members to give notice of any point that they maylike 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 ofany application, any member can move a motion that the House agrees or agrees withamendment or disagrees with the recommendation of the Committee in respect of thatapplication771.

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 XVI—‘Leaveof Absence of Members’.

771. Rule 328.

906 Practice and Procedure of Parliament

Where a report of the Committee contains recommendations regarding grant ofleave of absence to members or condonation of their absence only, the report is notadopted by the House on a motion, but the Speaker takes pleasure of the House inrespect of the recommendations of the Committee. Where, however, report containsrecommendations in regard to certain other matters also, a motion for its adoption ismoved in the House772.

A report which exclusively dealt with grounds on which leave could be grantedto members was adopted on a motion moved in the House773.

Rules Committee

The Rules Committee is nominated by the Speaker and consists of fifteenmembers, including the Speaker who is the ex officio Chairman of the Committee774.While nominating members of the Rules Committee, efforts are made to giverepresentation on the Committee to all the major Parties/Groups in the House. Uptothe Third Lok Sabha, it was a normal practice to nominate the Deputy Speaker as amember of the Rules Committee. During the Fourth Lok Sabha (from 28 March 1967to 1 November 1969), though the Deputy Speaker belonged to the Ruling Party, hewas nominated to the Rules Committee. With the election of a member of theOpposition 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 beendiscontinued. Since 1977, the Deputy Speaker is being invited to attend the sittingsof the Rules Committee as a special invitee.

Apart from the members of the Committee, other members of the House mayalso be invited to attend particular sittings of the Committee either to providerepresentation to some sections of the House not already represented on theCommittee775, or to acquaint the Committee with their points of view on a matterbefore the Committee in regard to which they may have special knowledge or interest.The Committee have also, by invitation, heard the Attorney-General on mattersinvolving complex and legal and constitutional issues776. While considering proposalsmade by a member and/or Minister for amendments or additions to the Rules, themember and/or Minister concerned may also be invited to explain to the Committeehis viewpoint. As in the case of other Committees, the invitees, however, have noright of vote in the Committee.

772. For instance, 4R (CAM-1LS) contained a special recommendation that leave should not be grantedin future unless the reasons advanced in the applications were considered by the Committee to beproper. The report was adopted by the House.—L.S. Deb., 20-9-1954, cc. 2467-69. In7R(CAM-1LS). It was suggested that applications for leave of absence for a period of less than15 days need not be brought before the Committee. The recommendation was accepted by theHouse—L.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 Groupwas made a special invitee to all sittings of the Committee. During the Sixth Lok Sabha, inaddition to the Deputy Speaker, Leaders of Parties/Groups in the House and members who hadgiven notices of amendments to rules were also invited to the sittings of the Committee.

776. Ibid., 17-4-1956, para 4.

Parliamentary Committees 907

Functions

The functions of the Committee are to consider matters of procedure and conductof business in the House and to recommend any amendments or additions to the rulesthat may be deemed necessary777. Suggestions for amendments or additions to therules can be made by any member of the House778, including a Minister, or by theCommittee themselves779.

All proposals for amendment and addition to the rules are first examined by theSecretariat and, after the Chairman’s approval, placed before the Committee in theform of memoranda stating the implications of each proposal. The memoranda arecirculated to the members of the Committee well in advance of the sitting at whichthe proposals are to be considered by the Committee.

Proposals for amendment or addition to the rules based on suggestions made bymembers in the House or otherwise, or for removing difficulties in the working of therules, or for giving a basis in the rules to the practice and conventions in the Houseare also made by the Secretariat for consideration of the Committee.

The draft report and minutes of the Committee are prepared by the Secretariatfor the approval of the Chairman.

Procedure for Amendment of Rules

The recommendations of the Committee are laid on the Table in the form of areport780. Any member may, within a period of seven days beginning with the day onwhich the recommendations are so laid, give notice of an amendment to suchrecommendations781. Any such notice given by a member stands referred to theCommittee and after the expiry of the said period of seven days’ a sitting of theCommittee is held at which all such notices of amendments are considered782.

If notice of an amendment to the recommendations is received from amember after the expiry of the prescribed period, that amendment is notplaced before the Committee.

Members who give notices of amendments to the recommendations of theCommittee are invited to attend the sitting of the Committee at which their amendmentsare 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 theSpeaker, 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 invitingcomments/suggestions from members of the House on the working of the various rules. Severalsuggestions were made by members and the same were considered by the Rules Committee. TheRules Committee, after considering the matter, suggested certain changes in the practice regardingQuestion Hour, Calling Attention, etc. However, no formal amendment to any of the rules wasrecommended by them.

779. Ibid., 9-5-1956, para 2-6.

780. Rule 33(1).

781. Ibid.

782. Rule 331(2).

908 Practice and Procedure of Parliament

regard to the amendments suggested by them783. Such members, however, withdrawafter presenting their views to the Committee and the Committee then deliberate andformulate a decision784.

The final report of the Committee, after taking into consideration the amendmentssuggested by the members is laid on the Table. Thereafter, on the House agreeing withthe report on a motion made by a member of the Committee, the amendments to theRules as approved by the House are published in the Bulletin under the orders of theSpeaker785.

While a motion for agreement of the House with the report of theCommittee is before the House, the Speaker gives an opportunity to memberswho had given notices of amendments and whose amendments had not beenaccepted by the Committee to move their amendments and present theirpoints of view786.

If no notice of amendment to the recommendation of the Committee is receivedwithin seven days, the recommendations are deemed to have been approved by theHouse, and on the expiry of the said period the amendments to the rules asrecommended by the Committee are published in the Bulletin under the orders of theSpeaker787.

The amendments to the rules, unless otherwise specified, come into force ontheir publication in the Bulletin788.

General Purposes Committee

The General Purposes Committee is constituted to consider and advise on suchmatters concerning the affairs of the House as may be referred to it by the Speakerfrom time to time789. 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 membersas may be nominated by the Speaker790. The Speaker is the ex officio Chairman ofthe Committee791. If the Speaker, for any reason, is not present at any sitting of theCommittee, the Deputy Speaker, and if he is not present, a senior member of thePanel 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, forgeneral 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 Speakernominated one more member each from these Groups to the General Purposes Committee.Bn. (II) dated 3-7-1967, para 248.

791. Ibid., Rule 2.

Parliamentary Committees 909

The Committee may also invite a Minister or any other member to its sittingsas special invitee792.

The Committee was for the first time appointed by the Speaker on26 November 1954, with the object that the Speaker might take intoconfidence, and have informal consultations with, the representatives of thevarious Parties and Groups in the House in regard to the various directionsin which the work of the House could be improved and organised on betterlines so that in all such matters he might be able to proceed with their fullsupport which meant practically the co-operation of the whole House793.

The Committee considers and advises the Speaker on matters concerning theaffairs of the House, which do not appropriately fall within the purview of any otherParliamentary Committees794. The Committee has so far considered a variety of subjectssuch as additional building requirements for the increasing parliamentary activities;adjournment of the House on the death of a sitting member; summoning of officersof State Governments to appear as witnesses for giving evidence before Committeesof the House; provision of an automatic vote recorder; admission of visitors to theCentral Hall during sessions of Parliament; maintenance of order within ParliamentHouse Estate795; naming of new Parliament Building; observance of holidays by theLok Sabha; functioning of Railway Catering Unit in Parliament House; requests fordisplay of portraits, statues and busts, etc. of national leaders in Parliament HouseComplex; farewell to retiring Presidents; Twenty-fifth Anniversary of Independenceof India; payment of subsidy to Northern Railway Catering Units; procedure regardingpunishment to officers of Government in cases of breach of privilege; notice to theSpeaker, Lok Sabha received from the Supreme Court of India in the matter ofSpecial Reference No. 1 of 1974 under article 143 of the Constitution of Indiaregarding Presidential election; treatment of proceedings of meetings of the Speakerwith the leaders of Parties and Groups in the Lok Sabha at par with the proceedingsof Parliamentary Committees for purposes of publication in newspaper796; adocumentary film on ‘Indian Parliament’; setting up of a Hall of National Achievementsin 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 theBureau of Parliamentary Studies and Training, etc.; Twenty-fifth Anniversary of theConstitution and Parliament; procedure for making obituary reference in theLok 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 theSpeaker.

796. The Speaker also issued an amendment to Dir. 55 to incorporate the above decision of the GPC.

910 Practice and Procedure of Parliament

proceedings of the Lok Sabha; use of pictorial representation of Parliament House;use of word ‘Parliamentary’ in their names by certain organisations; suggestion toincrease the duration of the ringing of the division bells; preparation of Hindi versionof Debates; simultaneous presentation of reports of Parliamentary Committees bothin English and Hindi; simultaneous interpretation facility in all languages in theLok Sabha; renovation of seats, etc.; tours by parliamentary Committees; supply ofDiaries to members; telecasting of Proceedings of Parliament; computerisation andModernisation (provision of better facilities to MPs and Officers); constitution ofDepartmentally Related Standing Committees; recital of National Anthem and NationalSong at the commencement and conclusion of every session; video films onparliamentary subjects; underground passage connecting Parliament House; LibraryBuilding and Parliament House Annexe; Members of Parliament Local AreaDevelopment Scheme; replacement of sound, simultaneous interpretation and automaticvote recording systems in the Lok Sabha Chamber, etc.

Every year after the reconstitution of all standing Parliamentary Committees thequestion of reconstituting this Committee is reviewed by the Speaker. The Committeewas not formally reconstituted during the Third Lok Sabha. However, the Speakerheld several meetings with the leaders of Parties and the Groups on various matters.

The Committee may appoint one or more Sub-Committees for the detailedexamination of particular matters. Members of the House other than those who aremembers of the Committee may also be appointed as ad hoc members of, or associatedwith, a Sub-Committee by invitation.

The Committee may make an on-the-spot study of any of the matters under itsconsideration797.

Sittings of the Committee are held in private. The Committee may take evidence,where it finds necessary798. It may also send for persons, papers or records if itconsiders it necessary for the execution of its work799. A verbatim record of theproceedings 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 on10 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 constructionof the Parliament Library Building.

798. Dr. Radha Kumud Mookerjee, a member of the Rajya Sabha, who had proposed that the Governmentshould be moved to recast the State Emblem in the light of suggestion contained in his articles“New Light on Asoka Chakra” and “Further Light on Asoka Chakra”, was invited to the sittingof the Committee on 28 July 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-DefectionRules, invited the Secretary (Ministry of Law and Justice) 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 theChelmsford Club from the Ministry of Works, Housing and Supply, which were furnished by theMinistry.

The same Sub-Committee also called for a comparative statement of the estimatedexpenditure on construction of a new building for the Club for members and for acquiring the

Parliamentary Committees 911

The Committee may hold joint meeting with the General Purposes Committeeof the Rajya Sabha and also hold meetings with leaders of Parties and Groups in theRajya Sabha to consider matters concerning both the Houses800.

The Committee does not present any report to the House. Where, however, anymatter is referred to a Sub-Committee thereof, the Sub-Committee presents a reportto the Speaker. If the Sub-Committee is appointed by the Speaker801, he may passfinal orders on the report or direct that it be placed before the whole Committee. Ifthe Sub-Committee is appointed by the Committee802, the report of the Sub-Committeeis, with the approval of the Speaker, placed before the whole Committee803.

Implementation of recommendations

When recommendations of the Committee are required to be implemented bythe Government, copies of the relevant minutes/Report of the Sub-Committee are sentto the Ministries concerned for necessary action.

The general rules applicable to Parliamentary Committees apply to the Committeewith such adoptions, whether by way of modification, addition or omission, as theSpeaker may consider necessary or convenient804.

House Committee

The House Committee consists of not more than twelve members, including theChairman, and is nominated by the Speaker every year. A member can be renominatedfor another term to the Committee. The quorum to constitute a sitting of the Committeeis five.

Chelmsford Club and providing additional facilities therein, from the Additional Chief Engineer,C.P.W.D. Report of Sub-Committee, para 7. The Sub-Committee on Printing of ParliamentaryPapers (1980-81) examined the Secretary, Ministry of Works and Housing, Secretary, Departmentof 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 ofParliamentary Papers].

800. The General Purposes Committee held meetings with Leaders of Parties and Groups in theRajya Sabha to consider Memo regarding celebration of the Twenty-fifth Anniversary ofIndependence of India in Parliament House and Sansadiya Soudh—see Min. (GPC), 24-5-1972;2-8-1972; and 8-8-1972. A joint sitting of the General Purposes Committees of both the Houseswas 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 amember, former member or an outstanding personality (April 1955) and on Printing. Accommodationand Maintenance of Parliamentary Buildings (May 1956 and July 1957). In pursuance of thedecision of the GPC, the Speaker, in consultation with the Chairman, Rajya Sabha, appointed aCommittee 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 theConstitution Club (July 1956).

Sub-Committee on Portraits (1978, 1980 and 1986); Sub-Committee on Printing ofParliamentary Papers (1980-81); Sub-Committee to scrutinise the script of Film ‘IndianParliament’ appointed as per a decision of GPC on 20-12-1983. Members of the Rajya Sabhawere 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 3—So far, no such adaption of the rules has been made.

912 Practice and Procedure of Parliament

There was dissatisfaction among members of the Central LegislativeAssembly in regard to arrangements for the allotment of residentialaccommodation and other administrative matters connected therewith.

A Committee was appointed in pursuance of a motion adopted in theAssembly on 14 September 1927, to consider the question of residence andaccommodation for members of the Indian Legislature805. The Committeesubmitted its report but in the meantime the Legislative Assembly Departmentwas created and the work of allotment of accommodation to members wastaken over by it. In November 1931, however, a representation signed byfifty-five members was made to the Speaker inviting his attention to theunsuitability and insufficiency of the accommodation provided to members.In pursuance of the representation, the Speaker, in consultation with partyleaders, nominated a House Committee on 22 February 1932, consisting often members, including the Chairman806. Thereafter, the Committee has beenconstituted 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 formembers of the Lok Sabha; and

to exercise supervision over facilities for accommodation, food, medicalaid and other amenities accorded to members in members’ residences andhostels in Delhi.

All proposals, suggestions, etc. relating to members’ residences and amenitiesare examined by the Secretariat in consultation with the executive authorities, wherenecessary. When a sufficient number of items for the consideration of the Committeeis available, a date and time for a sitting of the Committee is fixed in consultationwith the Chairman. Representatives of the executive authorities concerned are alsoinvited to apprise the Committee of the implications of the proposals underconsideration and furnish such information as the Committee might ask for. A memberother than members of the Committee may, on request, be permitted by the Chairmanto 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 sittingsof the Committee are circulated to all the members of the Committee and relevantextracts therefrom are forwarded to appropriate authorities for necessary action. TheCommittee is informed from time to time about the progress made in regard toimplementation of its recommendations. The recommendations made by the Committeeare generally implemented by the Government. In case Government are unable toimplement any recommendation, their objections are considered by the Committeeand 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 requestedto associate with the Committee.—C.S. Deb., 19-9-1927, pp. 1276-78.

806. L.A. Deb., 22-2-1932, pp. 1017-18.

Parliamentary Committees 913

The Committee can appoint one or more Sub-Committees, each having thepowers of the undivided Committee, to examine any specific points relating to theresidential accommodation, food, medical aid and other amenities in members’residences.

There is an Accommodation Sub-Committee which is a standing Sub-Committeeto advise on the allotment of residential accommodation to the members. The Sub-Committee consists of not more than four members, including the Chairman of theCommittee who is its ex officio Chairman. The quorum to constitute a sitting of theSub-Committee is two. An appeal against the decision of the Committee or theAccommodation Sub-Committee lies to the Speaker whose decision is final.

Proposals, suggestions, etc. which are of common interest to members of boththe Houses are considered and decided by the Chairmen of the House Committees ofboth 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 accommodationto members of the new Lok Sabha is made by the Secretariat under the directions ofthe Speaker till a new House Committee is constituted.

Library Committee

Founded in 1921, the Parliament Library caters to the information needs ofmembers of both the Houses. With a view to advising the Speaker on matters concerningthe Library, he has constituted an advisory Committee called the Library Committee.The Committee was first constituted by an announcement made by the Speaker in theProvisional Parliament on 21 November 1950807.

The Committee, at present, consists of the Deputy Speaker, five other membersfrom the Lok Sabha nominated by the Speaker, and three members from theRajya Sabha nominated by the Chairman of Rajya Sabha. The Deputy Speaker is theex officio Chairman of the Committee. Casual vacancies in the Committee are filledby nomination by the Speaker in respect of the members from Lok Sabha, and by theChairman 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 maybe referred to it by the Speaker from time to time;

to consider suggestions for the improvement of the Library; and toassist members of Parliament in fully utilising the services provided by theLibrary.

The main function of the Committee is thus to help members in the use of thematerial available in the Library and make use of the services of the staff providedtherein. 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 functionsfrom the beginning of June to the last day of May next year.

914 Practice and Procedure of Parliament

and the Library. It also encourages members to make helpful and constructivesuggestions for the development of the Library and its Reference Service. It advisesthe Speaker on matters pertaining to the Library, e.g., selection of books, framing ofrules, future planning, etc.

A Sub-Committee of the Library Committee keeps a watch on the quality andquantum of all acquisitions of the Library and gives comments and suggestions tofurther improve the functioning of the Parliament Library and its ancillary services.

The sittings of the Library Committee and its Sub-Committee are held as andwhen necessary. Minutes of the sittings are kept but the Committee does not as suchpresent any report to the Houses or the Speaker.

Joint Committee on Salaries andAllowances of Members of Parliament

The Joint Committee on Salaries and Allowances of Members of Parliamentwas constituted for the first time on 6 September 1954, to frame rules under theSalaries and Allowances of Members of Parliament Act, 1954808. It consists of tenmembers from the Lok Sabha nominated by the Speaker, and five members from theRajya Sabha nominated by the Chairman of Rajya Sabha. The Joint Committee isreconstituted from time to time but the members hold office for one year from thedate of their nomination809. The person nominated in a casual vacancy holds officefor the period of one year from the date of his nomination and not for the unexpiredperiod of office of the outgoing member in whose vacancy he is appointed. The JointCommittee elects its Chairman from amongst its members810.

The functions of the Committee are to make, after consultation with theGovernment of India, rules to provide for matters like medical, housing, telephonefacilities, constituency allowance, advance for the purchase of conveyance, etc., andgenerally for regulating the payment of daily and travelling allowances under the Act811.

The Committee is empowered to regulate its own procedure812. All questions atany sitting of the Committee are determined by a majority of the members present andvoting. The quorum to constitute a sitting of the Committee is five, and the secretarialfunctions for the Committee are performed by the Lok Sabha Secretariat.

The Committee can appoint one or more Sub-Committees, each having thepowers of the undivided Committee to examine any matter that might be referred tothem.

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 Joint Committee has framed Housing and Telephone Facilities (Members ofParliament) Rules, 1956; Members of Parliament (Travelling and Daily Allowances) Rules, 1957;Medical Facilities (Members of Parliament) Rules, 1959; Members of Parliament (Allowances forJourneys 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 Joint Committee on Salaries and Allowances ofMembers of Parliament.

Parliamentary Committees 915

Copies of the minutes as approved by the Chairman are circulated to the membersof the Committee, the Rajya Sabha Secretariat and the Ministry of ParliamentaryAffairs. The Committee does not present any report to either of the two Houses.

Rules813 made by the Committee do not take effect until they are approved andconfirmed by the Presiding Officers of the Houses and are published in the Gazetteand such publication of the rules is conclusive proof that they have been duly made814.

Joint Committee on Offices of Profit

A person is disqualified for being chosen as, and for being, a member of eitherHouse of Parliament if he holds any office of profit under the Government of Indiaor the Government of any State other than an office declared by Parliament by lawnot to disqualify its holder815. Parliament has passed legislation on the subject816. Butas new Committees, Commissions, etc. are set up by the Government (hereinafterreferred to as Government Committees) to which members are also appointed, it wasfelt that a continuous scrutiny of the matter was necessary. This work is performedby the Joint Committee on Offices of Profit.

The Committee is constituted on the adoption of a motion to that effect by theHouse and concurred in by the Rajya Sabha817. The Committee consists of fifteenmembers, ten from the Lok Sabha and five from the Rajya Sabha elected fromamongst the members of each House respectively according to the principle ofproportional representation by means of the single transferable vote. A casual vacancyoccurring in the Committee from amongst members of the Lok Sabha is filled on amotion818 adopted by the Lok Sabha in that behalf, while in the case of theRajya Sabha the vacancy is filled on a motion adopted by the Lok Sabha recommendingto the Rajya Sabha to fill that vacancy819.

The Committee is constituted for the duration of each Lok Sabha820. TheChairman of the Committee is appointed by the Speaker from amongst the membersof the Committee.

Although certain enactments had been passed by Parliament keeping inview the provisions of article 102(l)(a), it was felt that none of them metcomprehensively the needs of the situation. Upon representation from membersof 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 Vl—Office 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, andR.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. 254-57and 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.

916 Practice and Procedure of Parliament

Rajya Sabha, appointed on 24 August 1954, a Committee on Offices ofProfit (known as the Bhargava Committee after its Chairman, Pt. Thakur DasBhargava) to make recommendations, inter alia, in order to enable theGovernment to consider the lines along which a comprehensive legislationshould be brought before the House. In pursuance of the recommendationsof the Committee, the Government introduced in the Lok Sabha on5 December 1957, the Parliament (Prevention of Disqualification) Bill, 1957.It was referred to a Joint Committee of the Houses and its report was presentedto the Lok Sabha on 10 September 1958821.

As recommended by the Joint Committee and in implementation of theassurance given by the Minister of Law in this behalf 822, a ParliamentaryJoint Committee on Offices of Profit for the duration of the SecondLok Sabha was constituted823 in August 1959, with a membership of fifteen,10 from the Lok Sabha and 5 from the Rajya Sabha. Its terms of referencewere:

to examine the composition and character of all existing ‘Committees’[other than those already examined by the Joint Committee to which theParliament (Prevention of Disqualification) Bill, 1957, had been referred]and all ‘Committees’ that may thereafter be constituted, membership of whichmay disqualify a person for being chosen as and for being a member ofeither House of Parliament under article 102 of the Constitution;

to recommend in relation to the ‘Committees’ examined by it as towhat offices should disqualify and what offices should not disqualify; and

to scrutinise from time to time the schedule to the Parliament (Preventionof Disqualification) Act, 1959, and to recommend any amendments in thesaid schedule, whether by way of addition, omission or otherwise.

A Committee with almost similar terms of reference was constituted for eachnew Lok Sabha excepting the Sixth Lok Sabha.

Procedure of work

All Ministries of the Government of India, Chief Secretaries of the StateGovernments and Administrators of Union territories furnish from time to time for theconsideration of the Committee relevant information in respect of GovernmentCommittees (which include commissions, boards, etc.) constituted by them. A detailedmemorandum is then prepared by the Secretariat for the consideration of the Committeein respect of each Government Committee, giving, inter alia, the following information:

(i) whether it is a purely advisory Committee/Body, or whether it also wieldsinfluence or power by way of patronage; whether it is a non-advisoryCommittee which carries executive, legislative or judicial powers, or confers

821. For details, see Chapter VI—‘Office 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 on31 August 1959.

Parliamentary Committees 917

powers of disbursement of funds, allotment of lands, issue of licences,etc., or gives powers of appointment, grant of scholarship, etc., and whetherit is an office of an occasional or contractual nature; and

(ii) whether the holder draws any remuneration other than the ‘compensatoryallowances’ as defined in section 2(a) of the Parliament (Prevention ofDisqualification) Act, 1959.

The Committee, after examination of the relevant information in respect of eachGovernment ‘Committee’, records its recommendation whether it should be placed inPart I or Part II of the schedule824 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 shoulddisqualify 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 copythereof is laid on the Table of the Rajya Sabha by a member of that House on theCommittee 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 andScheduled Tribes, as also the machinery to watch the implementation of thesafeguards825. In pursuance of constitutional provision826 a special officer designatedas the Commissioner for Scheduled Castes and Scheduled Tribes was appointed in1950 and had been presenting reports to the President, which inter alia brought to thenotice of the authorities concerned any waste and insufficiency noticed by him in theimplementation of the welfare schemes for the Scheduled Castes and Scheduled Tribes.Parliament could hardly spare the time for necessary scrutiny in detail of the pointsraised in these reports. It was accordingly felt necessary that this work should beentrusted to a standing Parliamentary Committee and suggestions to that effect weremade by several members when the Fourteenth and Fifteenth Reports of theCommissioner were being discussed in the Lok Sabha827.

A Committee of both the Houses of Parliament called the Committee on theWelfare of Scheduled Castes and Scheduled Tribes was, therefore, constituted on amotion adopted by Lok Sabha on 30 August 1968828. The motion was concurred inby Rajya Sabha on 25 November 1968829.

824. Part I of the Schedule to the Parliament (Prevention of Disqualification) Act, 1959, enumeratesthe ‘Committees’ whose Chairmen, and Part II enumerates the ‘Committees’ whose Chairmen andSecretaries are not exempted from disqualification for being chosen as or for being a member ofParliament.

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.

918 Practice and Procedure of Parliament

By the Constitution (Sixty-fifth) Amendment Act), 1990 which came into forcefrom 12 March 1992, the Office of the Commissioner for Scheduled Castes andScheduled Tribes was abolished and replaced by the National Commission forScheduled Castes and Scheduled Tribes. Consequent upon the implementation of theConstitution (Eighty-ninth) Amendment Act, 2003 in February 2004 the NationalCommission for Scheduled Castes and Scheduled Tribes was bifurcated into twoseparate Commissions viz., National Commission for Scheduled Castes and NationalCommission for Scheduled Tribes.

Composition

The Committee consists of thirty members—twenty from the Lok Sabha and tenfrom the Rajya Sabha—elected in accordance with the system of proportionalrepresentation by means of the single transferable vote. The Chairman of the Committeeis 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 firstmeeting of the Committee830. It is now one year as in the case of other ParliamentaryCommittees831.

Functions

The functions of the Committee are832:

to consider the reports submitted by the National Commission forScheduled Castes and the National Commission for Scheduled Tribes underArticles 338(5)(d) and 338(8)(d) respectively of the Constitution and toreport as to the measures that should be taken by the Union Government inrespect of matters within the purview of the Union Government, includingthe Administrations of the Union Territories;

to report on the action taken by the Union Government and theAdministrations of the Union territories on the measures proposed by theCommittee;

to examine the measures taken by the Union Government to secure duerepresentation of the Scheduled Castes and the Scheduled Tribes in servicesand posts under its control (including appointments in the public sectorundertakings, statutory and semi-Government bodies and in the Unionterritories) having regard to the provisions of article 335;

to report on the working of the welfare programmes for the ScheduledCastes 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 term of office of the members of the Committee on theWelfare of Scheduled Castes and Scheduled Tribes from Lok Sabha and Rajya Sabha wereadopted after the House suspended sub-rule (2) of Rule 331B—L.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.

Parliamentary Committees 919

to examine such matters as may seem fit to the Committee or arespecifically referred to it by the House or the Speaker.

There are instances where the Speaker referred notices tabled by membersabout specific cases of atrocities on Harijans for enquiry (i) through the erstwhileCommissioner for Scheduled Castes and Scheduled Tribes833 or (ii) by the Committeeitself834. In one case, the House after considering the situation arising out of largescale disturbances and some killings in Marathwada adopted a motion asking theCommittee to investigate and identify those who are responsible for such incidentsand to suggest remedies to meet the present situation and prevent recurrence thereofin any part of India in future835.

A Study Group of the Committee visited the affected areas and the Committeepresented a report excluding incidents in the Nagpur Municipal Area about which ajudicial enquiry had been ordered by the State Government836.

Procedure in the Committee

The Committee has made rules of procedure for its internal working, which areapproved by the Speaker. These rules follow those relating to the financial Committees,namely, the Committees on Public Accounts, Estimates and Public Undertakings. TheCommittee, inter alia, can examine witnesses, both official and non-official, and maysend for papers, persons and records in connection with the examination of subjects,and can call for statements showing action taken by the Government on therecommendations made by it in its reports.

Selection of Subjects

The Committee selects, from time to time, such subjects as it deems fit and asfall 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 thesubject selected by the Committee. The same, when received, is circulated for the useof the members of the Committee. On the basis of the material received and suggestionsmade by the members of the Committee questionnaires for elucidating furtherinformation from the Ministry/Department, etc., are prepared. In preparing thequestionnaire, the recommendations of the National Commission for the ScheduledCastes and the National Commission for the Scheduled Tribes made in its report arealso taken note of.

833. Notices tabled by three members for raising matters under Rule 377 regarding (i) Murder of twoHarijans of Village Amli Kaur (Distt. Banda) and (ii) Murder of a Harijan agricultural labour inVillage Budhachak (Distt. Patna) were referred by the Speaker to the Committee for enquirythrough the Commissioner for Scheduled Castes and Scheduled Tribes. The Committee aftergetting information from the Commissioner, took evidence of the representatives of Ministry ofHome 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 ofcomplaints about atrocities on Harijans to the Committee for enquiry and report. These instanceswere 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.

920 Practice and Procedure of Parliament

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 ofthe National Commission for Scheduled Castes and the National Commission forScheduled Tribes. The Committee may appoint from time to time a number of StudyGroups for intensive study of the different subjects concerning the welfare of theScheduled Castes and Scheduled Tribes, including one Study Group on Procedure,and Action Taken Reports.

Representations

Ever since the constitution of the Committee, complaints/representations fromthe Scheduled Castes and Scheduled Tribes ventilating their grievances on matterspertaining to their welfare have been coming to the Committee. The complaints/representations received in the Secretariat are examined and in all apparently genuinecases, they are referred to the Ministries concerned for factual comments.

In the light of facts received, if the Ministry/Department/Undertaking satisfactorilyexplains the position or redress the grievance, the representationist concerned is apprisedof the position. Where, however, a question of policy or principle is involved thematter is, with the approval of the Chairman, is placed before the Committee/StudyGroup on Procedure for consideration and further directions.

On-the-spot Study Visits

The Committee undertakes on-the-spot visits in connection with the subjectstaken up for examination and to examine the representation of Scheduled Castes andScheduled Tribes in the services and also socio-economic condition of Scheduled Castes/Scheduled Tribes in various States/Union Territories. The Committee divides itself intotwo or three Study Groups for purposes of tours. On return from the tour, a Tour Reportis prepared and laid on the Tables of the Lok Sabha/Rajya Sabha. After that Report hasbeen laid on the Table of the Lok Sabha and the Rajya Sabha, copies of the TourReports are also placed in the Parliamentary Library for the use of the Members.

Evidence

The Committee takes evidence of official and non-official witnesses. Whenevidence is being taken no strangers are permitted. The proceedings are taken downverbatim, and are treated as confidential.

Preparation and Presentation of Reports

After the evidence has been taken, a report on the subject/subjects of inquiryis prepared and presented to the House by the Chairman or any other member of theCommittee duly authorised to do so.

Minutes of Sittings

Minutes of sittings of the Committee, after these have been approved by theChairman, are laid on the Table of each House of Parliament alongwith reports.

Parliamentary Committees 921

Committee on Empowerment of Women

To ensure equality and status to women and to protect them againstdiscrimination, several safeguards are provided in the Constitution and other laws. Infact, article 15(3) empowers the State to make any special provisions for women onan overriding basis. In pursuance of these constitutional obligations and to catapultwomen’s rights on to the centre stage, the Parliament of India enacted the NationalCommission for Women Act, 1990. The Commission, intended to serve as a high-powered autonomous apex body to deal with issues concerning women, was set upon 31 January 1992 and has since been functioning and making reports in the mandatedareas.

While giving constitutional sanctity to the institutions of the Panchayati Rajand Nagar Palikas, the Seventy-third and Seventy-fourth Constitution AmendmentActs of 1992 inter alia earmarked one-third of seats for women in these institutionsmainly 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 Housesfor improving the status of women were moved in the Rajya Sabha and the Lok Sabhaon the occasion of the International Womens Day on 8 March 1996.

In pursuance of the aforesaid resolution, the matter was considered by the RulesCommittee (Eleventh Lok Sabha). The Rules Committee, in their Second Report, laidon the Table of the House on 6 March 1997, recommended that a Committee for thepurpose may be constituted. Accordingly, the Committee on Empowerment of Womenwas constituted on 29 April 1997.

Composition

The Committee consists of 30 members, 20 nominated by the Speaker fromamongst 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 itsmembers. A Minister cannot be a member of the Committee and if a member afternomination to the Committee is appointed a Minister, he/she ceases to be a memberof the Committee from the date of such appointment. As in the case of the otherParliamentary 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 Womenand to report on the measures that should be taken by the Union Governmentfor improving the status/conditions of women in respect of matters within thepurview of the Union Government, including the Administrations of theUnion territories; to examine the measures taken by the Union Governmentto secure for women equality, status and dignity in all matters; to examine

922 Practice and Procedure of Parliament

the measures taken by the Union Government for comprehensive educationand adequate representation of women in legislative bodies/services andother fields;

to report on the working of the welfare programmes for the women; to reporton the action taken by the Union Government and Administrations of theUnion territories on the measures proposed by the Committee; and

to examine such other matters as may seem fit to the Committee or arespecifically referred to it by the House or the Speaker and the Rajya Sabhaor the Chairman, Rajya Sabha.

Procedure in Committee

The Committee selects subjects relating to women’s issues for detailedexamination. The Committee calls for preliminary material from the concernedMinistries/Departments and other Government bodies as well as some Non-Governmental Organisations in regard to these subjects. Further, the Committee takesoral evidence of the representatives of respective Ministries/Departments. TheCommittee also undertakes on-the-spot study visits in connection with the subjectsselected and interacts with women representatives concerned. On the basis of theexamination of the subject, the Committee prepares Reports and presents them to theParliament.

Railway Convention Committee

The Railway Convention Committee is an ad hoc Committee constituted fromtime to time to review the rate of dividend which is payable by the railway undertakingto the general revenues as well as other ancillary matters in connection with railwayfinance vis-a-vis general finance and make recommendations thereon. Apart fromrecommending 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 DepreciationReserve 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 linesconnecting the hinterland of Bombay, Bengal and Madras Presidencies with theirprincipal ports and also with each other. As the Government had neither the funds northe technical personnel to undertake the work, the same was entrusted to privatecompanies who were guaranteed a return of five per cent on their Capital for a periodof twenty five years. In return, the companies were expected to share their surplusprofit 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 returncontinued to be a drain on the exchequer, the Government purchased the Railways onthe expiry of the period of contract, though the management of the Railways continuedto be with the companies. Subsequently, following the recommendations of the AcworthCommittee (1920-21), the Government took over the management of the bulk of theRailways. The Committee also recommended the separation of Railway Financesfrom the General Finances primarily to secure stability for civil estimates by providing

Parliamentary Committees 923

for an assured contribution from Railway Revenues and also to introduce flexibilityin the administration of the Railway Finances.

While submitting to the Legislative Assembly the resolution for separation ofRailway Finances from General Finances on 17 September 1924, the then CommerceMember, Sir Charles Innes stated very briefly in the following words the objectswhich they had in view:

“In the first place, as far as State Railways are concerned, we want toabolish altogether this system of programme revenue voted for a year. Wewant to establish a proper depreciation fund, a depreciation fund arranged ina scientific and intelligible manner. Secondly, we want to build up Railwayreserves. We want to build them up in order that our finances may be moreelastic, in order that we may have provision to equalize dividends. Andgenerally, we want to introduce a system of finance which, while maintainingunimpaired the control of this House and while ensuring to general revenuesa fair return from their Railway property, will be more suited to the needsof a vast commercial undertaking. Finally, and most important of all, wewant to establish a principle. It is right and proper that the taxpayers, theState, should get a fair and stable return from the money it has spent on itsRailways: but if you go further, if you take from the Railways more than thatfair return, then you are indulging in a concealed way, in one of the mostvicious forms of taxation, namely a tax on transportation. One of the objectswe have most at heart in putting these proposals before this House is toestablish that principle.

These then are the reasons why we are asking the House to accept thisreform which was insistently pressed by the Acworth Committee, namely, thereform of separating your Railway from your General Finance. We consideredthe possibility of legislating in the matter, but we decided that it would bepreferable to proceed in the manner suggested in the Resolution; that is, wedecided 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 timeto time to varying needs and difficulties. It can even be adjusted to theordered progress of the Constitution. It was always our intention whateverthe arrangements we might come to with the House that these arrangementsshould be subject to periodical revision; and the House will see that on therecommendation of the Committee we have definitely provided for this inthe 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, andwas 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 Resolutionprovided that General Revenues should receive a definite annual contributionfrom the Railways which was to be the first charge on the receipts of theRailways. 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

924 Practice and Procedure of Parliament

surplus profits remaining after payment of this fixed return, subject to thecondition that, if in any year, Railway revenues were insufficient to providethe percentage of 1 per cent on the Capital-at-Charge, surplus profits for thenext or subsequent years would not be deemed to have accrued for purposesof division, until such deficiency had been made good. The interest on theCapital-at-Charge of, and the loss in working strategic lines, was to be borneby General Revenues and was to be deducted from the contribution payableby Railways. Any surplus remaining after this payment to the General Revenuewas to be transferred to Railway Reserve, provided that if the amount availablefor transfer to the Railway Reserve exceeded in any year three crores ofrupees, only two-thirds of the excess over three crores would be transferredto the Railway Reserve and the remaining one-third would accrue to GeneralRevenues.

The most notable features of the ‘Separation Convention’ were, firstly,the fixation of a definite annual contribution from Railways to GeneralRevenues calculated with reference the Capital-at-Charge of the Railwaysystem and the profits earned by it and secondly, the establishment of aReserve Fund and a Depreciation Fund for Railways. These arrangementswere supported in the main by the following reasons:

– as the Government has raised the money for the construction ofRailways in India on its credit, it is reasonable that the return givenby the Railways should be chiefly based on the moneys thus raised;

– such a return is best calculated on the moneys expended on linesexpected eventually to yield a return, and not on lines built for quitedifferent reasons; and

– while it is only fair that in prosperous years the taxpayer should sharein the prosperity of the Railways which he has financed, it is to hisadvantage to be certain of a gradually increasing income in the longrun, as the invested capital increases. With this end in view, it isdesirable that only a comparatively small proportion of the contributionshould depend on Railway surpluses, and that the major part shouldrepresent a definite and secured profit on the moneys supplied by theGovernment for the construction of commercial lines.

The Convention itself contained provision for its own review withinthree years. A Committee of the House looked into the matter in 1928 butcame to no conclusions. The general economic depression in the early thirtieshit the Railways’ Finances hard and depleted all their reserves in the endeavourto maintain the contribution to the General Revenues and also resulted in thepostponement of renewals and replacements on the Railways. Ultimately, thesituation deteriorated to such an extent that a moratorium had to be declaredand General Finances received no contribution from the Railways until theearly forties when the Second World War brought heavy traffic to the Railwaysin India and they showed huge earnings.

Parliamentary Committees 925

There had been numerous Cut Motions, Resolutions and Questions allof which pointed to failure of the Convention to give satisfaction undervarying conditions. During the debate on the Cut Motion moved on20 March 1942, several members who participated emphasised this fact.

On 2 March 1943, therefore, Sir Edward Benthall, the then Memberfor Railways and War Transport, moved the following Resolution in theHouse:

“That whereas it has been found that the Convention, which was adoptedunder the Assembly Resolution, dated 20 September 1924 and which wasintended to relieve the General Budget from violent fluctuations caused bythe incorporation therein of the Railway estimates and to enable Railways tocarry on a continuous Railway policy based on the necessity of making adefinite return to General Revenues on the money expended by the State, hasnot achieved these objects, this Assembly recommends to the GovernorGeneral in Council that:

(i) For the year 1942-43, a sum of Rs. 2,35,32 thousand shall be paidto General Revenues over and above the current and arrear contributiondue under the Convention,

(ii) From the 1 April 1943, so much of the Convention as provides forthe contribution and allocation of surpluses to General Revenuesshall cease to be in force,

(iii) For the year 1943-44, the surplus on commercial lines shall be utilisedto repay any outstanding loan from the depreciation fund and thereafterbe divided twenty five per cent to the Railway reserve and seventyfive per cent to General Revenues, the loss, if any, on strategic linesbeing recovered from General Revenues, and

(iv) For subsequent years and until a new Convention is adopted by theAssembly, the allocation on the surplus on commercial lines betweenthe Railway Reserve and General Revenues shall be decided eachyear on consideration of the needs of the Railways and GeneralRevenues, the loss, if any, on strategic lines being recovered fromGeneral Revenues.”

While explaining the reasons for bringing forward the above Resolution,Sir Edward Benthall stated:

“There are two reasons for bringing forward the present Resolutionnow in its present from. The first is the necessity of relieving General Revenuesthis year and next. The General Budget introduced by the Honourable theFinance Member on Saturday in itself illustrates the justification for this. Thesecond 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 presentemergency. We should, in my opinion, definitely not be justified in givingsuch a large share of the surplus profits to General Revenues, unless Railwaysare relieved of the one percent contribution in the future. From the Railway

926 Practice and Procedure of Parliament

point of view, I consider paragraph (ii) of the Resolution to be an essentialelement 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 forpayment of this contribution in times of depression. Any other course wouldbe unsound finance on the long term view.”

Some members then urged an immediate wholesale revision of theConvention. But Sir Edward Benthall cautioned that they were at that timebudgeting on boom conditions (as the War was in full swing) and for finalrevision it would be necessary to forecast the probable gross receipt andexpenditure in normal times before an appropriate basis of allocation betweenRailways and General Revenues could be settled. During the debate thattook place on the above Resolution, three proposals were made. One wasthat there should be an ad hoc Committee to examine the whole question.The second was that an expert commission should be appointed. The thirdproposal was that a Committee of the House should be set up to examine thisquestion. The suggestion made by Sir Edward Benthall was that this mattershould be referred to the Standing Finance Committee for Railways and, ifappropriate, to the Central Advisory Council for Railways. While winding upthe debate, Sir Edward Benthall offered to appoint a special Committee ofthe House to consider this question and the Resolution was adopted.

The essence of the Resolution adopted in 1943 was that so far as thecontribution to General Revenues was concerned, the provisions of the 1924Resolution should cease to operate. The Resolution directed an ad hoc basisaccording to the circumstances attending both the administration of GeneralFinances and the administration of Railway Finance.

In pursuance of this Resolution passed by the Legislative Assembly on23 March 1943, to consider matters arising out of clause (iv) of the Assembly’sResolution of 2 March 1943, amending the Separation Convention adoptedby the Assembly on 20 September 1924, a Railway Convention Committeewas 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 bereduced. In 1947, during the Budget Session, a Committee of the CentralLegislative Assembly was set up for the purpose of investigating into thismatter; but owing to the impending constitutional changes on account oftransfer of power, the Central Legislative Assembly and its Committee ceasedto exist on the dissolution of the Assembly after the Budget Session of 1947.

The matter of revision of the Convention was also considered by theIndian Railway Enquiry Committee (1946-47) of which Pandit H.N. Kunzruwas the Chairman. That Committee was against the immediate revision andsuggested that it should wait till the Railways had fully recovered from the

Parliamentary Committees 927

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 laiddown for making allocation to the Fund, we content ourselves torecommending that an annual contribution to the Fund for the next five yearsbe 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 satisfactorymanner. While introducing the Railway Budget for 1948-49, the RailwayMinister announced the appointment of a Committee consisting of threemembers of the Standing Finance Committee and three members of theRailway Standing Finance Committee under the Chairmanship of Shri G.V.Mavalankar, Speaker of the Constituent Assembly (Leg.) to decide the questionof allocation of the Railway Surplus. This Committee fixed the share payableto General Revenues as 50 per cent (viz. Rs. 4-1/2 crore) of the anticipatedbudget surplus of Rs. 9 crore for 1948-49 and any excess over Rs. 9 crorewas to be credited to the Betterment Fund. However, this amount was raisedto Rs. 7.34 crore on the basis of the Revised Estimates of Railways for1948-49. The same principle was followed while framing the Budget Estimatesof the Railways for 1949-50.

Convention of 1949—The first after Independence

In the course of his Budget Speech for 1949-50, the Railway Ministermade an announcement about the setting up a Railway Convention Committeeconsisting of members of the House to go into this matter, including also theproblems relating to the Depreciation Fund and make its recommendationsbefore the end of the calendar year 1949.

The Committee decided finally to discard the 1924 formula and adoptin its place a simpler, more just and more easily workable arrangement. Theycame to the conclusion that a fixed dividend would assure to GeneralRevenues, over the term agreed on, a dependable return on the Capital-at-Charge and that this would facilitate forward planning while, at the sametime, it would assist the Railway Undertaking in planning and implementinga comprehensive programme of rehabilitation for overtaking the heavy arrearsof 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 loancapital invested in the undertaking as computed annually. The rate ofdividend should be 4 per cent on such capital for a period of five yearscommencing from 1950-51.

A Committee of the House should review the rate towards the endof this period and suggest for the years following it any adjustmentconsidered necessary, having regard to the revenue returns of the Railway

928 Practice and Procedure of Parliament

undertaking, the average borrowing rate of Government and any otherrelevant factor; the contribution to the Depreciation Fund should be aminimum of Rs. 15 crore a year for the five years commencing from1950-51. The full cost of replacement should be charged to this Fund.

The Committee also made recommendations about the modificationof the existing rules of allocation of expenditure between capital andrevenue, the constitution of a Development Fund and the separation of theloan account from the block account, etc.

Shri Gopalaswami Ayyangar, the then Railway Minister, on21 December 1949, while moving the Resolution for adoption of the 1949Convention said:

To divert any portion of such a surplus as an extra contribution togeneral revenues either on the formula of the 1924 Resolution or in anad hoc manner for each year as in the 1943 Resolution could not berelated to any acceptable principle of sound financing applicable either toRailway or to General Finance. To do so would introduce a certain amountof uncertainty into both General and Railway Finances. It will be unhealthyfrom the point of view of both. General Finance has to count uponsomething definite which it can get from the working of the Railway eachyear; otherwise any planning that it may undertake is prejudiced by theuncertainty that will prevail. Railway Finance has also to be assured thatif the administration of the Railways does bring into existence a surplus,it can have full control over that surplus for the purpose of overtakingheavy arrears of maintenance and improvements. Also, it will be enabledto find money for expansion in various directions.

The Constituent Assembly (Legislative) adopted the Resolution on thesame day.

One of the basic principles enunciated by this Committee was thefixation of definite rate of dividend which included an element of contributionto the General Revenues over and above the bare interest paid by the Govern-ment on the Capital provided for Railways. This principle was enunciated onthe consideration that, in essence, the general tax payer is the owner and soleshareholder of the undertaking. The working of this Convention ensured asteady return to the General Revenues and also enabled the Railways tostrengthen their reserves for discharging their obligation towards rehabilitation,increasing operating efficiency and provision of adequate amenities. It alsoarrested the growth of over capitalization in the Railway undertaking.

Composition

The working of the Separation Convention has been reviewed from time to timeby 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 theLok Sabha by Government and concurred in by the Rajya Sabha. It consists of twelve

Parliamentary Committees 929

members from the Lok Sabha and six members from the Rajya Sabha who arenominated by the Speaker, Lok Sabha and the Chairman, Rajya Sabha, as the casemay be. The Chairman of the Committee is appointed by the Speaker from amongstthe members of the Lok Sabha. The Ministers of Finance and Railways are among themembers nominated to the Committee.837

Term of Office

The Committee, once constituted, functions till the dissolution of the Lok Sabhaunless it presents its final report earlier and thus becomes functus officio.

Functions

Although the Railway Convention Committee has not drawn up any separate rulesto regulate its internal working, it functions more or less on the same lines as thoseof the Financial Committees of the Parliament, viz., the Public Accounts Committee838,the Committee on Estimates839 and the Committee on Public Undertakings840.

The functioning of the Committee is also governed by the general rules relatingto Parliamentary Committtees841. These rules are further supplemented by Directionsissued by the Speaker in exercise of the powers conferred on him under Rule 389 andother Rules.

Examination of other Subjects

While the Convention Committees of 1949, 1954, 1960 and 1965 confinedthemselves only to the question of determining the rate of dividend payable by theRailway undertaking during the succeeding quinquennium, the Railway ConventionCommittee of 1971 for the first time selected some subjects having a bearing on theRailway Finances for detailed examination. The subsequent Committees appointed in1973, 1977, 1980, 1985, 1989, 1991, 1996, 1998, 1999 and 2004 also examinedvarious aspects of the working of the Railways and Railway Finances. The Committeehas been selecting subjects for examination shortly after its constitution and invitingmemoranda from the Ministry of Railways and other concerned Ministries as alsofrom individuals/organisations. Sometimes it also invites memoranda from StateGovernments.

837. However, for the first time, the Minister of Finance was not nominated as a member of theConvention Committee (1989). After the change of Government at the Centre on 10 November1990, the new Railway Minister was also not nominated to the Committee and the former RailwayMinister continued to be a member of the Committee. In the Convention Committee (1991), boththe 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. Inthe Railway Convention Committee (1996), only the Railway Minister was nominated as a memberof 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.

930 Practice and Procedure of Parliament

Rate of Dividend

As regards the rate of dividend that may be payable by the Railways to theGeneral Revenues, the Committee invites a memorandum from the FinancialCommissioner of Railways. The memorandum contains the views of both the Ministryof 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 interimmeasure recommended Rate of Dividend at the rate of 6.5% for the year 2004-2005on the entire capital invested on railways from the General Revenues irrespective ofthe year of investment, inclusive of the amount that was payable to the Railways tothe General Revenues for payment to states as grant in lieu of passenger fare tax andcontribution for assisting the States for financing safety works during the financialyear 2003-2004. This was 0.5% less than the rate of dividend of 7% fixed for the year2002-03. All other concessions be allowed to continue on the existing basis for theyear 2004-05.

The Convention Committee (2004) in their Fifth Report had recommended Rateof Dividend at 6.5% for the year 2006-07. The Convention Committee (2004) in theirSixth Report had, however, recommended Rate of Dividend for the year 2007-08 tothe General Revenues be restored at 7.0% on the entire capital (excluding dividendfree capital) invested on railways from the General Revenues irrespective of the yearof investment, inclusive of the amount that was payable to the railways to the GeneralRevenues for payment to States as grant in lieu of passenger fare tax and contributionfor assisting the States for financing safety works during the financial year2006-2007.

Consideration of Report

The report of the Committee on the rate of dividend is considered by the Houseon a resolution moved by the Ministry of Railways. However, other reports of theCommittee are normally not discussed in the House.

Committee on Members of Parliament Local AreaDevelopment Scheme (Lok Sabha)

During the Fourth Session of the Twelfth Lok Sabha, a new ad hoc Committeeon Members of Parliament Local Area Development Scheme (Lok Sabha) wasconstituted842. This Committee consisted of 23 members and the tenure of theCommittee was not to exceed one year. Presently there are 24 members in thisCommittee. The main functions of the Committee were to: (i) monitor and reviewperiodically the performance and problems in implementation of the MPLAD Scheme(Lok Sabha); (ii) consider complaints of members of Lok Sabha in regard to theScheme; and (iii) perform such other functions as may be assigned to it by theSpeaker from time to time.

842. For details regarding the MPLAD Scheme see Chapter XIII—‘Salaries, Allowances, otherEntitlements, Amenities and Facilities’.

Parliamentary Committees 931

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 pivotalrole of ensuring administrative and financial accountability. Enormous budgetaryallocations of various Ministries were also being passed by Parliament without sufficientdebate for want of time. For instance, in 1989, the Demands of Grants of only3 Ministries/Departments were discussed and Demands in respect of as many as34 Ministries/Departments were guillotined.

In 1978, the Conference of Presiding Officers of Legislative Bodies in Indiahad deliberated on this issue. The matter was also brought into sharp focus during theThird Regional Commonwealth Parliamentary Association Seminar held in New Delhiin January 1984. The matter was further debated in the Presiding Officers Conferenceheld in Calcutta in 1984. Thereafter, the Rules Committee of the Lok Sabha considereda proposal for having 9 ad hoc Committees for pre-voting scrutiny of the Demandsfor 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 Systemand to secure administrative accountability in a far more effective way was placedbefore 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, consideredand approved the proposals to set up three Subject Committees—one each onAgriculture, Science and Technology and Environment and Forests. Necessaryrecommendations to this effect were made by the Rules Committee in their Secondand Fourth Reports laid on the Table of the House on 2 May and 25 July 1989,respectively. The Rules relating to these Committees were finally approved by theHouse and the Committees were constituted for the first time with effect from18 August 1989.

These Subject Committees were, inter alia, to examine the activities of theconcerned Ministries/Departments and to report as to what economies, improvementsin organisation, efficiency or administrative reforms consistent with the policy approvedby Parliament might be effected. Apart from other functions, these Committees wereto 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 relatedParliamentary Standing Committees was again considered by the General PurposesCommittee and the Rules Committee and they felt that a full fledged system ofDepartmentally related Standing Committees be created covering under their jurisdictionall the Ministries/Departments of the Government of India.

Subsequently, the whole matter was considered afresh during February andMarch 1993 by the General Purposes Committee and the Rules Committees of boththe Houses of Parliament together. As a result of these discussions, a broad consensuswas arrived at that Standing Committees be set up to consider the Demands for

932 Practice and Procedure of Parliament

Grants, Bills and rational basic long term policy documents presented to the Housesand referred to them by the Speaker/Chairman of the Rajya Sabha and the annualreports of the related Ministries/Departments.

The Reports of the Rules Committees of the Lok Sabha and the Rajya Sabhaadopted by the two Houses on 29 March 1993, paved the way for the setting up ofthe Departmentally related Standing Committees covering under their jurisdiction allthe Ministries/Departments of the Union Government. With the setting up of theseCommittees, the three Subject Committees, constituted in August 1989, ceased toexist. 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, thesystem was re-structured in July 2004 wherein the number of DRSCs was increasedfrom 17 to 24. These Committees cover under their jurisdiction the following Ministries/Departments:

Sl. Name of Committee Ministries/DepartmentsNo.

Part I

1. Committee on Commerce Commerce and Industry

2. Committee on Home Affairs (1) Home Affairs(2) Development of North–Eastern Region

3. Committee on Human Resource (1) Human Resource DevelopmentDevelopment (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 & Technologyand Environment & Forests (2) Space

(3) Earth Sciences(4) Atomic Energy(5) Environment & Forests

6. Committee on Transport, Tourism (1) Civil Aviationand Culture (2) Shipping, Road Transport and Highways

(3) Culture(4) Tourism

7. Committee on Health and Family Health and Family WelfareWelfare

8. Committee on Personnel, Public (1) Law and JusticeGrievances, Law and Justice (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 InformationTechnology Technology

Parliamentary Committees 933

(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 PublicAffairs and Public Distribution Distribution

16. Committee on Labour (1) Labour and Employment(2) Textiles

17. Committee on Petroleum and Petroleum and Natural GasNatural 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 FertilizersFertilizers

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 Justice and (1) Social Justice and EmpowermentEmpowerment (2) Tribal Affairs

(3) Minority Affairs

The Committee specified under Parts I & II above work under the directions ofthe 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 isalso governed by certain Rules relating to Departmentally Related Standing Committeeincorporated in Chapter XXVI (Rule 331C to 331N) along with General Rules relatingto Parliamentary Committees (Rule 253 to 286 of Chapter XXVI) of the Rules ofProcedure and Conduct of Business in Lok Sabha (Ninth Edition).

Composition

At the time of introduction of DRSC system in 1993, composition of the17 DRSCs was 45 members—30 nominated by the Speaker, Lok Sabha from amongstthe members of Lok Sabha and 15 members nominated by the Chairman, Rajya Sabha

934 Practice and Procedure of Parliament

from amongst the members of Rajya Sabha. However, with restructuring of DRSCsin July 2004843 when number of DRSCs was raised from 17 to 24, the membershipwas reduced from 45 to 31 members—21 from Lok Sabha and 10 from Rajya Sabha.Seats on each Committee are allocated to different Parties and Groups in the Houseas far as practicable in proportion to their respective strength in the House. Suitablenumber of seats on these Committees are also allocated to independent and unattachedmembers. In principle, all members of Lok Sabha and Rajya Sabha, other than theMinisters 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 appointedby the Chairman, Rajya Sabha and in respect of Committees specified in Part II bythe 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 StandingCommittee and if a member, after nomination to any of the Standing Committees, isappointed a Minister, he ceases to be a member of the Committee from the date ofsuch appointment.

Term of Office

The term of office of the members of each Standing Committee is one yearfrom 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 Reportshall not suggest anything of the nature of Cut Motions;

(b) to examine such Bills pertaining to the concerned Ministries/Departmentsas are referred to the Committee by the Chairman, Rajya Sabha or theSpeaker, Lok Sabha as the case may be, and make report thereon;

(c) to consider annual reports of Ministries/Departments and make reportsthereon; and

(d) to consider national basic long term policy documents presented to theHouses, if referred to the Committee by the Chairman, Rajya Sabha or theSpeaker, Lok Sabha as the case may be, and make reports thereon.

The Standing Committees do not consider the matters of day to day administrationof the concerned Ministries/Departments.

The Standing Committees also do not generally consider the matters which areunder consideration by the other Parliamentary Committees.

843. Bn. (II), 20-07-2004

Parliamentary Committees 935

Procedure relating to consideration of Demands for Grants

After the general discussion on the Budget in the House is over, the Houses areadjourned for a fixed period. The Committees consider the Demands for Grants of theconcerned Ministries during the aforesaid period and submit their report within theperiod without seeking any extension of time for the same. There is a separate reporton the Demands for Grants of each Ministry. The Demands for Grants are consideredby 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 asare referred to them by the Chairman, Rajya Sabha or the Speaker, Lok Sabha as thecase may be. The Committees consider the general principles and clauses of the Billsreferred 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 Reportsof 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-Committeesfrom amongst the members of the respective Committees with a view to makingdetailed study/examination of the subject selected by them, scrutinising the actiontaken by the Government on the recommendations contained in their previous reportsand for considering procedural and general matters.

Procedure for examination of subjects

The rules applicable to other Parliamentary Committees are applicable to theStanding Committees also. The examination of a subject is done in various stages, viz.calling of preliminary material, calling for written replies, calling of Memoranda fromnon-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 arecontained in its report, which, after its adoption by the respective Committee andfactual verification by the Ministry concerned, is presented by the concerned Chairmanto the respective Houses. Minutes of the sittings of the Committees are laid on theTable of the House along with the relevant reports.

936 Practice and Procedure of Parliament

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 theCommittee 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 treatedas influential advice given by the Committee. The Bills which are reported upon bythe Committee are considered by the Houses in the light of the reports of theCommittees. In respect of reports on Demands for Grants and other subjects, theMinistry or the Department concerned is required to take action on the recommendationsand conclusions contained in the report and furnish action taken replies thereon.

Action taken notes received from the Ministries/Departments are examined bythe Committee and Action Taken Reports thereon are presented to the House.

Further Action Taken Notes on Action Taken Reports received from theMinistries/Departments are examined by the Committee and laid in the House in theform of a statement on Further Action Taken by the Government on the Action TakenReports.

Statement by Minister on Committee Reports

The Minister concerned makes, once in six months a statement in the Houseregarding the status of implementation of recommendations contained in the Reports ofDepartmentally 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 COMMITTEESON WHICH MEMBERS WERE/ARE REPRESENTED

Standing Committees of Legislative Bodies

Till the constitution of the First Lok Sabha, there were Standing Committees forthe various Departments of the Government of India to which members of the CentralLegislature were elected.

The institution of Standing Committees owed its origin to the recommendationcontained in the Montague-Chelmsford Report and the main purpose of theseCommittees was stated to be to “familiarise elected members with the process ofadministration” and “assist the political education of India”844. These Committeesfunctioned in an advisory capacity and would record their opinions for considerationof the Government on matters of policy, new schemes involving expenditure abovea 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 and426.

Parliamentary Committees 937

Committee was set up845. The Committee consisted of ten members elected by theAssembly, besides the Finance Member who was nominated by the Governor-Generalas its Chairman. Next year, the number of elected members of the Committee wasincreased from ten to fourteen, besides the Chairman. This composition of theCommittee remained unchanged till 1949 when, on a motion adopted by the ConstituentAssembly (Legislative) on 23 November, 1949, the Government Chief Whip wasnominated as an ex officio member of the Committee846. On a motion adopted by theProvisional Parliament on 5 April 1950, the strength of the elected members of theCommittee was increased to sixteen. In March 1951, the Minister of State for Financewas also made an ex officio member of the Committee847. This composition of theCommittee continued till 1952 when the Standing Finance Committee, along with theother Standing Advisory Committees, ceased to exist.

The functions of the Standing Finance Committee, like its composition, changedfrom time to time. In 1921, when the Committee was first appointed, its functionswere stated by the Finance Member as848:

shortly before the introduction of the budget, the Committee would begiven an opportunity of examining the civil voted estimates; proposals forsupplementary grants should be examined by the Committee and theCommittee should in the course of the year deal with any scheme for freshvotable expenditure put forward by Departments, but those schemes shouldbe limited to major schemes which would be sufficiently large to have aninfluence on the budget.

In 1922, at the instance of the Assembly, the functions assigned to the StandingFinance Committee were849:

to scrutinise all proposals for new votable expenditure in all Departmentsof the Government of India; to sanction allotments out of lump sum grants;to suggest entrenchment and economy in expenditure; and generally to assistthe Finance Department of the Government of India by advising on suchcases as may be referred to it by the Department850.

From 1946, the scope of the Committee’s functions was enlarged to includeconsideration of new items of expenditure covering non-voted heads.

Other Standing Committees

In January 1922, the Legislative Assembly adopted by a resolution recommendingto 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 theExecutive rarely, if ever, “ignored its advice, nor the Assembly ever dissented from its views”.Simon Report, Vol. I, para 426.

938 Practice and Procedure of Parliament

different Departments of the Government of India, ‘other than the Army and theForeign and Political Departments’851. The Government decided to give effect to theresolution in a restricted manner and Standing Committees for four Departments852

were constituted. An essential feature of these Committees was that three members ofthe Assembly and two members of the Council were to be nominated to each Committeeby the Governor-General from separate panels of members elected by the twoChambers.

An important change in the constitution of the Committees was effected in 1931when the practice of nomination by the Governor-General from panels was replacedby the system of direct election of members of the two Houses.

The position continued till 1944 with occasional amendments making additionsto, and omissions of, Departments for which Standing Committees were elected. Thenew notification issued in that year ensured the election of Standing Committees foralmost all the Departments of the Government of India.

The Standing Committees attached to the Departments then existing came to anend when the Legislature ceased to exist with the attainment of Independence on15 August 1947. These were, however, revived by the Cabinet although the Ministryof Law were of the view that in the new set up, when the Government became fullyresponsible to the Legislature, the institution of Standing Committee was of doubtfulutility.

It was also decided that the Rules for the Committees would henceforth beadopted by the Legislature instead of being made by the Government853. However, nosignificant change was effected in other respects; the advisory character of theCommittees remained intact; they continued to function under the Chairmanship ofthe Minister or Minister of State in-charge of the respective Ministry or Departmentand the secretarial work of these Committees also remained with the concerned Ministryor Department.

The following subjects were normally laid before the Standing Committees:

All non-ofiicials Bills introduced or proposed to be introduced in theAssembly and legislative proposals which the Ministry concerned intendedto undertake;

Reports of Committees and Commissions, excluding unpublished reportsof Departmental Committees on which the Legislature was not adequatelyrepresented;

Major questions of general policy and financial proposals; AnnualReports; and

With the approval of the Minister in-charge, any topic of publicimportance within the field of the Committee which a member of theCommittee 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 ofCommerce and Industries; and the Department of Education and Health.

853. The Rules were adopted by the Constituent Assembly (Legislative) on 19 November 1947.

Parliamentary Committees 939

Subsequently, it was felt that such Standing Committees were out of date anddid not fit in with the constitutional changes that had taken place in the country andthe democratic pattern under which the formulation of policies and their executionhad 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 constitutionof these Committees, some members raised the matter during the debate on theAppropriation (No. 2) Bill, 1952. Announcing the decision of the Government todiscontinue these Standing Committees, the Prime Minister inter alia observed:

These Standing Committees were formed under very special circumstances whichobviously no longer exist. The Committees met roughly—except for Standing Finance Committeewhich met more frequently—two or three times a year and they met to consider certainprojects 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 aformality 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 am not talking of cooperation in this House but actual consultations, etc., in regardto important matters. I am perfectly prepared to consider any proposal. But I do think that thisold system of Standing Committees as they were is completely out of place. It was a relic ofthe old British days which has no place today. Therefore, we decided to do away with it, butnot to do away with the possibility of consultation or co-operation854.

Consultative Committees

After the abolition of the Standing Committees, the question of acquaintingmembers of Parliament with the working of the various Ministries/Departments andproviding them with the opportunities for discussion of broad policies of Governmentin an informal manner continued to engage the attention of the Government. Inpursuance of a decision of the Cabinet, Informal Consultative Committees wereconstituted for the purpose in 1954 for the various Ministries/ Departments.

On the reconstitution of these Informal Consultative Committees in1957, a desire was expressed by leaders of the various Parties/Groups inParliament to make the functioning of these Committees more purposeful. Asa result of discussions at various levels, a general agreement between theGovernment and the Opposition parties was arrived at in April 1969. As apart of this agreement, these Committees came to be named as “ConsultativeCommittees” and mutually agreed guidelines were formulated for theconstitution and functioning of these Committees. The suggestion of theOpposition for the formation of Parliamentary Committees in place ofConsultative Committees, was however, not agreed to.

Members from both Houses of Parliament are nominated on the ConsultativeCommittees by the Minister of Parliamentary Affairs on the basis of the preferencesindicated by the members themselves or by the party leaders. Members belonging tothe ruling party and unattached members are nominated on the basis of the preferencesindicated by them and sent individually to the Minister of Parliamentary Affairs andmembers of the Opposition Parties/Groups are nominated on the basis of the preferencesindicated by their Party Leaders/Chief Whips.

854. H.P. Deb. (II), 4-7-1952, cc. 3261-62.

940 Practice and Procedure of Parliament

Membership of these Committees is voluntary. A member of Parliament isnominated on one Consultative Committee only. The maximum membership of aConsultative Committee is 40.

There are also Consultative Committees for the Railway Zones. TheseCommittees continue to be known as “Informal Consultative Committees”. A memberof Parliament is nominated on the Informal Consultative Committee of the RailwayZone in which his constituency falls. If his constituency happens to fall more than oneRailway Zone, then he may be nominated on the Informal Consultative Committeesof all such Railway Zones, if he so desires.

According to the Guidelines, the Consultative Committees are to be reconstitutedeach year during the Budget Session. But it has become a practice to reconstitute theCommittees every alternate year.

The Minister concerned is the Chairman of the Consultative Committee and hepresides over its meetings. In his absence, the Minister of State in the Ministry maypreside over the meeting.

The Consultative Committees provide a forum for informal discussion amongthe members, Ministers and senior officers of the Government on the problems andpolicies of the Government and the working of administrative Ministries/Departmentsin a manner which is not practicable on the floor of the House. Ministers are free todecide how they would like to share with members the information on questions andproblems concerning their Ministries. The deliberations of these Committees areinformal and no reference to the discussions held in the meetings thereof is made onthe 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 subjectssuggested by members or by the Ministry. Notes on the agenda items are prepared andcirculated to the members in advance. Minutes of the meetings and Action TakenReports on the minutes are also circulated to the members, except in the case of theMinistries of Defence, External Affairs and Department of Atomic Energy and otherScientific Departments. The Committees have no right to summon any witness or toexamine any official records. The Chairman of the Committee may furnish anyadditional information required by the members.

A Consultative Committee is required to hold its meeting once during eachsession period and once during each inter-session period, the only exception being theCommittee 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 theInformal Consultative Committees of the Railway Zones during session periods.

Keeping in view the need for economy in expenditure, there was a ban (sinceJuly 1981) on holding the meetings of the Consultative Committees outside Delhi. InOctober 1995, it was decided, with the approval of the Ministry of Finance, thatMinistries/Departments may hold one meeting of the Consultative Committee in ayear, during inter-session period, anywhere in India if the Chairman of the Committeeso desires and that the number of officers attending such meeting outside Delhi wouldbe kept to the minimum. Study visits of members of the Consultative Committees toproject sites of major Public Sector Undertakings can, however, be made outside

Parliamentary Committees 941

Delhi. Members of the Consultative Committee who attend the inter-session meetingsand the Study visits are entitled to TA/DA.

Where there is unanimity of view in the Committees, the Government normallyaccepts the view subject to certain exceptions, viz. any view having financialimplications; any view concerning security, defence, external affairs and atomic energy;and any matter falling within the purview of an autonomous corporation. In case thereis any difficulty in accepting the views, the reasons for non-acceptance of that vieware explained to members of that Committee.

While opinion is often expressed in some quarters that the ConsultativeCommittees should be replaced by Parliamentary Committees, the experience of theworking of the Consultative Committees over the past 28 years has proved that theseCommittees have come to stay as useful fora for informal discussions between Ministersand Officers on the one hand and the members of Parliament on the other mattersrelating to Government’s policies and programmes and the manner of theirimplementation. It is also noteworthy that while there is no obligation on the part ofa member of Parliament to be a member of a Consultative Committee, almost all themembers of Parliament have opted to be members of the Committees and they activelyparticipate in the deliberations.

Government Committees

There are a number of Committees, Councils, Boards, etc., (hereinafter referredto as Government Committees) constituted by the Government on which members ofeither House are represented partially855. The Government Committees are set up inpursuance 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 toinquire into certain matters. In some cases, these Committees are also called upon toframe 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 requestfrom the Minister concerned. When such a request is received, the leaders of Partiesand Groups in the House are asked by the Secretariat to suggest, for consideration ofthe Speaker, a panel of names in the order of priority. While inviting names fromParty or Group leaders, it is insisted that only names of those members be suggestedwho are not already serving on other parliamentary or Government Committees. Afterthe members selected for nomination have furnished their written consent to serve onthe Committee, their names are published in the Bulletin and also communicated tothe Ministry concerned856. These Committees neither work under the direction of theSpeaker 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 Councilof the Delhi Development Authority; All India Council for Technical Education; All India Instituteof Medical Sciences; Central Silk Board; Court of the Aligarh Muslim University; Haj Committee,etc.

For the list of such Committees, see brochure “Committees and other bodies on which Lok Sabhais represented wholly or partially” which is brought out every year by the Lok Sabha Secretariat.

856. See page 319 supra.

942 Practice and Procedure of Parliament

Even where a Government Committee is set up direct by the Government andmembers from the House are proposed to be included therein, the Speaker is to beconsulted in the matter by the Minister concerned857. When the question of consultationwith Speaker by the government on the matters which involve nomination of membersof Lok Sabha on the Committees/Bodies set up by the Government was raised in theHouse on 4.11.1965. The Speaker observed that such consultation was necessary asit would avoid complications. In reply the Prime Minister had stated that he had moreor less no objection to such consultation but would finalise it after having a talk withthe Speaker. However, the same has not been finalized in the form of a formaldecision or convention to provide for consultation with the Speaker by the governmentin such matters. Similarly, when the Government send delegations abroad and membersof the Lok Sabha are to be included in such a delegation, the Minister concernedsubmits the names of members for the approval of the Speaker. The following are thebroad guidelines which are kept in view by the Government in nominating memberson Government Committees or delegations858.

(i) Appointments on Government Committees, commissions, etc. are made onthe basis of the aptitude, interest, past experience, etc. of members asascertained from the bio-data furnished by the members to the Lok Sabha/Rajya Sabha Secretariat, their participation in and association with thevarious parliamentary activities and the options given by the members fornomination on Consultative Committees;

(ii) In order to give as wide a chance as possible to members, names of thosemembers who have not already been elected or nominated on otherparliamentary or Government Committees are preferred; and

(iii) Members serving on Financial Committees are not ordinarily nominatedon other Committees.

Before finalising nominations, the consent of the members to the assignmentsis obtained by the Government.

Nominations on Parliamentary Delegations are, however, made by the PresidingOfficers of Parliament859.

E. PARLIAMENTARY FORUMS

Evolution and Constitution of Fora

Among the various matters of public importance the Parliament discusses, someare of critical importance to the betterment and survival of the humanity and as suchrequired constant discussion and focus in all the public fora, especially in the Parliament.Therefore, a proper appreciation of the relevant issues concerning these vital subjectsby the members of Parliament is a condition precedent to deal with these subjects inan 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.

Parliamentary Committees 943

the Hon’ble Speaker Somnath Chatterjee conceived the idea of constituting a specificParliamentary Forum on each of the important subjects wherein the members ofParliament could participate in informed discussions to gain deeper insights intovarious aspects of the subject matter and took the first step in this direction on12 August 2005 by constituting the Parliamentary Forum on Water Conservation andManagement. Prior to the constitution of the Forum, he also made an observation inthis regard in the Lok Sabha on 12 May 2005 about his decision to constitute theParliamentary Forum on Water Conservation & Management so that the members ofParliament can discuss the critical issue of water in a structured manner and also toraise the related issues more effectively on the floor of the House. Subsequently,Parliamentary Fora on Children, Youth, Population & Public Health and GlobalWarming and Climate Change were constituted. The broad aim and objectives ofthese Fora are to equip the members of Parliament with information and knowledgeregarding 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 toenable them to adopt a result-oriented approach towards these issues. The ParliamentaryFora will not interfere with or encroach upon the jurisdiction of the concernedDepartmentally 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 Foraare to :

a. provide a platform to the members of the Fora to have interaction withMinisters concerned, Experts and key officials from the nodal Ministrieswith a view to have a focused and meaningful discussion on critical issueswith a result-oriented approach for speeding up the implementation process;

b. sensitize the members about the key areas of concern and also about theground-level situation and equip them with latest information, knowledge,technical know-how and valuable inputs from experts both from the countryand abroad for enabling them to raise these issues effectively on the Floorof the House and in the meetings of the DRSCs; and

944 Practice and Procedure of Parliament

c. prepare a data-base through collection of data on critical issues fromMinistries concerned, Internet, reliable NGOs, newspapers; and UnitedNations etc. and circulation thereof to the members of the Fora so that theycan meaningfully participate in the discussions of the Fora and seekclarifications from the experts or officials from the Ministry present in themeetings.

Composition

The Speaker, Lok Sabha shall be the ex-officio President of the ParliamentaryFora on (i) Water Conservation and Management; (ii) Youth; (iii) Children; and(iv) Global Warming and Climate Change. In case of Parliamentary Forum onPopulation and Public Health, Chairman, Rajya Sabha shall be the President andSpeaker, Lok Sabha shall be the Co-President of the Forum. Apart from President, theDeputy Chairman, Rajya Sabha, Deputy Speaker, Lok Sabha, concerned Ministersand Chairmen of the respective Departmentally Related Standing Committee shall beex-officio Vice-Presidents of the Forum.

It also provided in the Guidelines that the President of the Forum may appointa Member-Convener for conducting regular, approved Programmes/Meetings of theForum in consultation with the President.

The Guidelines of the Fora state that each Forum shall consist of not more than31 members (excluding the President and ex-officio Vice-Presidents) out of whom notmore than 21 shall be from Lok Sabha and not more than 10 shall be fromRajya Sabha members, other than the President and Vice-Presidents, shall be nominatedby the Speaker, Lok Sabha and the Chairman, Rajya Sabha, as the case may be, fromamongst the Leaders of Parties and Groups, or their nominees who have specialknowledge/keen interest in the subject.

Provided that the President may nominate additional Vice-Presidents/membersto the Forum.

Association of Experts

Experts in the field of water, youth, children, population and public health andGlobal Warming and Climate Change may be associated as Special Invitees who mayshare 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 theirmembership 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 maybe.

Filling up of casual vacancies

A casual vacancy in the Forum shall be filled as soon as possible after it occursin the manner prescribed for membership.

Parliamentary Committees 945

Parliamentary Forum on Water Conservation& Management

Parliamentary Forum on Water Conservation and Management was constitutedby 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 conductingregular, approved programmes/meetings of the Forum in consultation with the President.

Functions

The functions of the Parliamentary Forum on Water Conservation andManagement are to:

(a) Identify problems relating to water and make suggestions/recommendationsfor consideration and appropriate action by the Government/organisationsconcerned;

(b) Identify the ways of involving members of Parliament in conservation andaugmentation of water resources in their respective States/Constituencies;

(c) Organise seminars/workshops to create awareness for conservation andefficient 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 Sabhain consultation with the Chairman, Rajya Sabha on 20 February 2006 andNaveen Jindal, member, Lok Sabha was appointed as Member-Convener of the Forumon 15 May 2006 for conducting regular, approved programmes/meetings of the forum.

The Speaker also constituted four Sub-Fora of the Parliamentary Forum onYouth 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 onEmployment. 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 capitalamong 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, inorder to better appreciate their hopes, aspirations, concerns and problems;

(d) To consider ways for improving Parliament’s out-reach to different sectionsof youth, in order to reinforce their faith and commitment in democraticinstitutions and encourage their active participation therein; and

946 Practice and Procedure of Parliament

(e) To hold consultations with experts, National and International Academiciansand concerned Government Agencies on redesigning of Public Policy inthe matter of youth empowerment.

Parliamentary Forum on Children

Consequent upon a note received from Jairam Ramesh, member, Rajya SabhaSpeaker Lok Sabha, desired on 28 September 2005 to constitute a ParliamentaryForum on Children. The Forum was constituted on 2 March 2006 by the Speaker inconsultation with the Chairman, Rajya Sabha.

The Speaker appointed Smt. Prema Cariappa, member, Rajya 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. After the retirement of Smt.Cariappa from Rajya Sabha on 9 April 2008, Smt. Jaya Bachchan, member,Rajya Sabha has been appointed as Member-Convener of the Forum by the Speakeron 28 April 2008.

Functions

The functions of the Forum are:

(a) To further enhance awareness and attention of Parliamentarians towardscritical issues affecting children’s well-being so that they may provide dueleadership 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 structuredmanner, through Workshops, Seminars, Orientation Programmes etc.

(c) To provide Parliamentarians an interface with civil society for highlightingchildren’s issues including inter-alia, the Voluntary sector, Media andcorporate sector and thereby to foster effective strategic partnerships inthis regard.

(d) To enable Parliamentarians to interact, in an institutionalized manner, withspecialized UN Agencies like UNICEF and other comparable multilateralAgencies 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 maydeem fit.

Parliamentary Forum on Population and Public Health

Consequent upon a suggestion made by the Chairman, Rajya Sabha for settingup of a Parliamentary Forum on Population and Public Health, the Speaker, LokSabha in consultation with the Chairman, Rajya Sabha constituted ParliamentaryForum on Population and Public Health on 26 July 2006 for building up the requiredcommitment and support of Parliamentarians to the subject of Population and PublicHealth which is of utmost national importance. The the Chairman, Rajya Sabha is the

Parliamentary Committees 947

President and the Speaker, Lok Sabha is the Co-President of the Parliamentary Forumon Population and Public Health. The Chairman, Rajya Sabha and President of theForum appointed Tarlochan Singh, member, Rajya Sabha as Member-Convener on 26November 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 populationstabilization 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 thegrass-roots level regarding population control and Public Health.

(d) To hold comprehensive dialogue and discussion in the matter of Populationand Public Health with experts at the National & International levels andto have interactions with the Multilateral Organizations like WHO, UnitedNations Population Fund, Academicians and concerned GovernmentAgencies.

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 andClimate Change, the Speaker, Lok Sabha in consultation with the the Chairman, RajyaSabha constituted Parliamentary Forum on Global Warming and Climate Change on14 July 2008. The Speaker is the ex-officio President of the Forum. The Speakerappointed N.K. Singh, member, Rajya Sabha as Member-Convener of the Forum on4 September 2008 for conducting regular, approved programmes/meetings of theForum.

Functions

The functions of the Forum broadly are:

(a) To identify problems relating to Global Warming and Climate Change andmake suggestions/recommendations for consideration and appropriate actionby the Government/Organizations concerned to reduce the extent of GlobalWarming;

(b) To identify the ways of involving members of Parliament to interact withspecialists of National and International Bodies working on Global Warmingand Climate Change with increased effort to develop new technologies tomitigate Global Warming;

(c) To organise seminars/workshops to create awareness about the causes andeffects of Global Warming and Climate Change among the members ofParliament;

(d) To identify the ways of involving members of Parliament to spreadawareness to prevent Global Warming and Climate Change; and

(e) To undertake such other related task as it may deem fit.

948 Practice and Procedure of Parliament

Provided that the Forum will not interfere with or encroach upon the jurisdictionof the concerned Departmentally Related Standing Committee or of the concernedMinistry 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 ofParliament or Motions/Resolutions adopted by the House. The composition of theParliamentary Committees which scrutinize the functioning of the Government consistsof members of Parliament only and Rules do not permit appointment of Ministers asmembers of such Committees. Parliamentary Committees examine subjects withintheir mandate and present reports to the Houses. They also follow up with theGovernment the implementation of the recommendations contained in their reportsand thereafter present action taken reports to the House. The Parliamentary Committeeshave been vested with the powers to call for records and persons in connection withthe examination of the subjects and to report to the House any breach of privilege forinvestigation and suitable action. On the other hand, Parliamentary Forums are aninformal mechanism consisting of members of Parliament and Ministers for interactionon critical issues of current importance to enable the members to acquaint themselveswith such issues so that they may participate effectively in deliberations and discussionson the floor of the House in evolving suitable strategies and policies to deal with theproblems at hand. The constitution of Forums do not have any statutory sanction northey have been vested with powers, privileges conferred on the ParliamentaryCommittees. The Forums do not present any report to the House(s). Therefore, whileappreciating the role and importance of the Parliamentary Forums, care should betaken not to equate or confuse Parliamentary Forums with Parliamentary Committeesin terms of their status, powers, privileges, etc.