UPSC MainsPUBLIC-ADMINISTRATION-PAPER-II202010 Marks150 Words
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Q3.

Parliamentary committees are at the deliberative core of parliamentary work which is crucial for refining legislations. Elucidate.

How to Approach

This question requires a detailed understanding of the role of parliamentary committees in the legislative process. The answer should focus on how these committees contribute to refining legislation through detailed scrutiny, expert consultation, and consensus-building. Structure the answer by first defining parliamentary committees, then explaining their different types and functions, and finally illustrating their importance with examples. Mention the benefits of committee deliberations like increased transparency and accountability.

Model Answer

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Introduction

Parliamentary committees are an integral part of the parliamentary system, serving as the ‘mini-parliaments’ within the larger Parliament. These committees, composed of Members of Parliament (MPs), play a crucial role in scrutinizing bills, examining policy issues, and holding the executive accountable. In recent times, with increasing legislative complexities and a heavier workload for Parliament, the significance of these committees in refining legislation has grown exponentially. They provide a platform for detailed examination, expert consultation, and consensus-building, ultimately enhancing the quality of laws enacted.

Types of Parliamentary Committees

Parliamentary committees can be broadly categorized into two types:

  • Standing Committees: These are permanent committees constituted for a specific period (usually one year) and deal with matters of continuous nature. Examples include the Standing Committee on Finance, the Standing Committee on Home Affairs, etc.
  • Ad-hoc Committees: These are appointed for a specific task and cease to exist once they have completed their assigned work. Examples include the Joint Parliamentary Committee (JPC) on the Citizenship (Amendment) Bill, 2019.

Functions of Parliamentary Committees in Refining Legislation

Parliamentary committees contribute to refining legislation in several ways:

  • Detailed Scrutiny of Bills: Committees examine bills clause by clause, identifying ambiguities, inconsistencies, and potential issues. This detailed scrutiny often leads to significant improvements in the bill’s drafting.
  • Expert Consultation: Committees invite experts, stakeholders, and representatives from civil society to provide their inputs on the bill. This ensures that the legislation is informed by a wide range of perspectives.
  • Public Participation: Many committees hold public hearings, allowing citizens to express their views on the bill. This enhances transparency and accountability.
  • Consensus Building: Committees facilitate discussions and negotiations among MPs from different parties, fostering consensus on key issues.
  • Reducing Legislative Burden: By pre-scrutinizing bills, committees reduce the burden on the Parliament, allowing it to focus on more pressing matters.

Examples of Committee Impact

Several instances demonstrate the crucial role of parliamentary committees in refining legislation:

  • The Information Technology Act, 2000: The Standing Committee on Communications significantly revised the original draft of the IT Act, addressing concerns related to privacy and data security.
  • The Right to Education Act, 2009: The Parliamentary Standing Committee on Human Resource Development played a vital role in shaping the final version of the RTE Act, ensuring that it was aligned with constitutional principles and international standards.
  • The Goods and Services Tax (GST) Council: While not a parliamentary committee in the traditional sense, the GST Council exemplifies deliberative governance, involving both central and state governments in refining tax policies.

Challenges Faced by Parliamentary Committees

Despite their importance, parliamentary committees face certain challenges:

  • Lack of Adequate Resources: Committees often lack sufficient funding and staff to conduct thorough research and analysis.
  • Political Polarization: Partisan politics can sometimes hinder the committee’s ability to reach consensus.
  • Low Public Awareness: Many citizens are unaware of the work done by parliamentary committees.
  • Attendance Issues: Irregular attendance of MPs can hamper effective deliberations.

Recent trends show an increasing reliance on committees for pre-legislative consultation, as recommended by the Second Administrative Reforms Commission (2008). This highlights the growing recognition of their value in improving the quality of legislation.

Conclusion

Parliamentary committees are undeniably at the deliberative core of parliamentary work, serving as vital mechanisms for refining legislation. Their detailed scrutiny, expert consultation, and consensus-building capabilities contribute significantly to the quality, effectiveness, and legitimacy of laws. Addressing the challenges faced by these committees – through increased resources, reduced political polarization, and enhanced public awareness – is crucial for strengthening the parliamentary system and ensuring good governance. Investing in these committees is an investment in a more robust and responsive democracy.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Legislative Scrutiny
The process of detailed examination of a bill by a parliamentary committee to identify potential issues, ambiguities, and inconsistencies.
Pre-Legislative Consultation
The practice of consulting with stakeholders and experts before introducing a bill in Parliament, often facilitated by parliamentary committees.

Key Statistics

As of 2023, the 17th Lok Sabha had 24 Departmentally Related Standing Committees (DRSCs) and 7 Joint Committees of Parliament.

Source: Parliament of India Website (as of knowledge cutoff)

According to PRS Legislative Research, the average number of sittings of Departmentally Related Standing Committees (DRSCs) has declined in recent years, raising concerns about their effectiveness.

Source: PRS Legislative Research (as of knowledge cutoff)

Examples

JPC on 2G Spectrum Allocation Scam

The Joint Parliamentary Committee (JPC) on the 2G Spectrum Allocation Scam (2008-2009) investigated alleged irregularities in the allocation of 2G licenses. While controversial, it highlighted the role of committees in investigating sensitive issues and holding the executive accountable.

Frequently Asked Questions

What is the difference between a Standing Committee and an Ad-hoc Committee?

Standing Committees are permanent and deal with continuous matters, while Ad-hoc Committees are temporary and appointed for specific tasks.

Topics Covered

PolityGovernanceParliamentCommitteesLegislative Process