The success of the Committee system heralded the beginning of another phase in our Parliamentary system. 17 Department-related Parliamentary Standing Committees related to Ministries/Departments were inaugurated on. 31st March 1993. The objective of this system, apart from dealing with basic or ordinary issues, was to tone up the functioning of Parliament. The main function of the Committees is in-depth examination of the functioning of the Government, consideration of Demands for Grants, Bills, long terms national policies, etc. The main purpose, of course; is to ensure the accountability of Government to Parliament through more detailed consideration of measures in these Committees. The intention is not to weaken or criticise the administration but to strengthen it by, investing it with more meaningful Parliamentary support.

The 17 Department-related Parliamentary Standing Committees were first constituted on 8th April, 1993. Out of these 17 Committees, 6 Committees were constituted by the Chairman, Rajya Sabha and 11 Committees were constituted by the Speaker, Lok Sabha.

These Committees are entrusted with the following functions:

Rajya Sabha possesses a well organised system of Committee. Appointment, term of office, functions and main lines of procedure, for conducting the business of these Committees are regulated under the provisions of the rules and the directions given by the Chairman.

The Committees may be classified, ad-hoc Committees or Standing Committees. Ad-hoc Committees are appointed from time to time to enquire into specific subjects. They are not named as such in the rules of procedure of the Rajya Sabha but come into being on a specific motion and become functus officio immediately after reporting to the House on matters assigned to them. Ad-hoc Committees are generally Select Committees and Joint Select Committees on bills. Ad--hoc Committees have, however, also been appointed by the House on other specific subjected as in 1962 the House appointed an Ad-hoc Committee to consider its rules of procedure. In 1976 another Committee was appointed to enquire into the conduct of a sitting member of the House, and again in 1983 a Committee was constituted for reconciliation between the Nirankaris and the Akalis.

The second category of Committees, namely, Standing Committees may be divided in terms of their functions under four broad heads:

Resource Development Development

Technology, Environment & (2) Electronics

Forests (3) Space

(4) Ocean Development

(5) Biotechnology

(6) Environment & Forests

6. Committee on Transport & (1) Civil Aviation

Tourism (2) Surface Transport

(3) Tourism

**Part II

7. Committee on Agriculture (1) Agriculture

**with Lok Sabha

8. Committee on (1) information &

Communications Broadcasting

10. Committee on Energy (1) Coal

Affairs

12. Committee on Finance (1) Finance and Company

Affairs

Supplies and Public (2) Civil Supplies, Consumer

Distribution Affairs & Public Distribution

14 Committee on Labour and (1) Labour

Welfare (2) Welfare

15. Committee on Petroleum (1) Petroleum & Natural Gas

Chemicals (2) Chemicals & Petrochemicals

There are some Committees of the Lok Sabha with which members of Rajya Sabha are associated. These are:

There are also some other Committees of both the Houses constituted under the provisions of law, as for example, the Joint Committee of the Houses of Parliament constituted under section 9(1) of the Salary, Allowances and Pension of Members of Parliament Act, 1954.

The members of the Rajya Sabha on the Public Accounts Committee, the Committee on Public Undertakings, the Committee on Offices of Profit and the Committee on the Welfare of the Scheduled Castes and Scheduled Tribes are elected by the House, while members of the other Joint Committees are nominated by the Chairman. The proportion of number of members of the two Houses on these committees is in the ratio of 2 members of the Lok Sabha to 1 of the Rajya Sabha.

The Rajya Sabha is represented on other bodies such as the All India Institute of Medical Sciences, Central Advisory Board of Education, Delhi Development Authority, Courts of the Central Universities, Haj Committee, etc.

In 1952 when the Rajya Sabha was first constituted it had only four committees, namely, the Rules Committee, the Committee of Privileges, the Committee on Petitions and the House Committee. Later on, five Committees, namely, the Business Advisory Committee, the Committee on Subordinate Legislation, the Committee on Government Assurances, the General Purposes Committee and the Committee on Papers Laid on the Table, were constituted.

The working of the Committees in the Rajya Sabha is briefly described in the subsequent paragraphs.

2. COMMITTEE ON PETITIONS

It is the inherent right of every citizen in a democratic country to seek redress of his grievances against Government or any public authority, For this purpose they can use the services of their elected representatives i.e. Members of Parliament to whom the Government is answerable. The people can approach the Parliament to redress their grievances against the executive action when they fail to get relief anywhere else. Article 350 of the Constitution, thus provides:-

Origin and Composition of the Committee:

2. The institution of petitions is the oldest of all the Parliamentary forms by which petitions are presented with the object of redressing some general grievances or focussing the public opinion on matters of public importance. Its origin dates back to the Legislative Assembly of pre-Independence era. It owes its origin to a resolution moved by a member in the then Council of States on September 15, 1921. The resolution called for the setting up of a Committee on public petitions with powers to take evidence. The matter was examined by a Committee appointed by the Government, which did not favour empowering the Legislature with the proposed powers. However, the right of petitioning the Legislature, limited to public business, was recommended by it. The Committee received its present nomenclature. namely the Committee On Petitions, in the year 1933.

The first Committee on Petitions of Rajya Sabha was appointed in the year 1952 with Shri Jaspat Roy Kapoor as Chairman and four other members. The membership of the Committee continued to be five till the year 1964 when it was enhanced to ten and continues to be so till now. Rules 147 to 153 of the Rules of Procedure and Conduct of' Business in the Rajya Sabha provide for the composition of the Committee, its quorum and functions and the first schedule to the said Rules specifies the form in which the petition should be presented, The Committee is constituted under Rule 147 of the rules of Procedure and Conduct of Business in the Rajya Sabha (a) Normally it is reconstituted every year. The Committee continues in office till a new Committee is nominated The Chairman of the Committee is appointed by Hon'ble Chairman from among the members of the Committee (b). Rule 148 states that its quorum shall be five. The nature, form and character, the petitions, the manner of their presentation are also regulated by the rules. 'Fill the year 1964, petitions could he presented to the Rajya Sabha only with regard to Bills which had been published in the gazette of India or introduced in the House or in respect of which notice of motion had been received, The scope of the Committee was thus limited. However, in 1964, the rules were amended with a view to widening the scope of the petition.

Under the revised rules (c), petitions may be presented or submitted to the Council with the consent of the Chairman and they may relate to:-

1. which falls within the cognizance of a court of law having jurisdiction in any part of India or a court of enquiry or

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(a) Rule 147.

(b) Rule 149.

(c) Rule 138.

a statutory tribunal or authority or quasijudicial body or commission;

(b) which raises matters which are not primarily the concern of the Government of India;

(c) which can be raised on a substantive motion or resolution; or

(d) for which remedy is available under the law, including rules, regulations or bye-laws made by the Central Government or by an authority to whom power to make such rules, regulations or bye-laws is delegated.

A petition requires to be drawn up in a prescribed form (d) and should be addressed to the Rajya Sabha (e). The petition should contain a statement of grievance(s) and a prayer regarding the definite object in regard to the matter to which the petition relates (f). The petition should contain the full name and address of the signatory and shall be authenticated by him if literate, by his signature and if illiterate, by his thumb impression (g) Where the petition is from more than one persons, it should contain the names and addresses of all those Persons and should be signed by all of them. Every petition, if presented by a Member of the Rajya Sabha, has to be countersigned by him (h), The Member presenting the petition has to give advance intimation to the Secretary-General of his intention to present the petition (i). A Petition can be presented by a member or be forwarded to the Secretary-General, in which latter case, the fact shall be reported by him to the Council and no debate shall be permitted on the making of such report (i). This practice, however, is not in vogue now, Every petition shall be couched in respectful and temperate language and shall be either in Hindi or in English. If any petition is made in any other language, it shall be accompanied by a

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(d) Rule 139.

(e) Rule 137.

(f) Rule 143.

(g) Rule 140.

(h) Rule 142.

(i) Rule 144.

(j) Rule 145.

translation, either in Hindi or in English, and signed by the petitioner (k). Letters, affidavits or other documents are not permitted to be attached to a petition (1). In other words, the petition should be self-contained and self-explanatory and should conclude with a prayer, reciting the definite object of the petitioner in regard to the matter to which it relates.

Pre-admission stage:

When a petition is received in the Secretariat, it is examined by the Secretariat to determine its admissibility according to the Rules. If the Chairman of the Rajya Sabha admits the petition, the member concerned is permitted to present the petition on a date convenient to him and the necessary entry is made in the List of Business of the day for the presentation of the petition. Every petition shall after presentation by a member or report by the Secretary-General, as the case may be, stand referred to the Committee on Petitions(m),

Functioning of the Committee:

The functions of the Committee are to examine (i) every petition referred to it (n); and (ii) to report to the House on specific complaints contained in the petition (o). To enable the Committee to report on the specific complaints, the Committee is empowered to take such evidence or call for such papers as it deems fit. Thus, the Committee has ample powers not only to make recommendations about specific complaints contained in the petition but also to suggest remedial measures, either in a concrete form applicable to the case under consideration or to prevent recurrence of such cases in future (o).

In practice, the Committee orders the circulation of those petitions which deal with Bills or matters pending before the House, in extenso or in summary form. So far as the petitions on matters of general public interest are concerned, the Committee examines in depth the complaints and grievances contained therein, calls for formal comments from the

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(k) Rule 139.

(l) Rule 141.

(m) Rule 150.

(n) Rule 151 (1).

(o) Rule 152(2).

relevant Ministers or Departments for the Government and examines witnesses, including the petitioners and the representatives of the Ministries or Department concerned with the subject matter of the petition. The Committee also undertakes on-the-spot tours to gain first-hand knowledge of the problem which is the subject of the petition under the Committee's consideration.

The Chairman, Rajya Sabha, issued, in 1976, the following Direction to the Committee enabling it to frame Rules for its internal working:

"The Committee (Committee on Petitions) shall determine its own procedure in connection with all matters relating to the petition referred to it including implementation of recommendations contained in its Report presented to the Council."

In pursuance of the Direction, the Committee framed its internal working Rules which are as under:--

1. After the presentation or report of a petition to the Council, the Secretariat shall circulate a copy of the petition to the members of the Committee for their information together with facts or comments on the petition, wherever obtained from the Ministry concerned.

2. When the date and time of a sitting of the Committee have been fixed. notice thereof alongwith the agenda shall be circulated to the members of the Committee.

3. The papers circulated to the Committee shall be treated as confidential and the contents thereof shall not be divulged to anyone without the permission of the Chairman of the Committee.

4. A member, who is not a member of the Committee, may be invited to attend a sitting of the Committee under the orders of the Chairman of the Committee but he shall not be entitled to vote.

5. A record of the proceedings of each sitting of the Committee shall he kept.

  6. The Secretariat shall prepare minutes of each sitting of the Committee.

7. The fact that evidence was given before the Committee shall be mentioned in the minutes of the relevant sitting.

8. The minutes of each sitting of the Committee shall be circulated to the members of the Committee.

9. Where the Committee so directs the facts of the case or comments of the Ministry concerned oil a petition shall be obtained by the Secretariat and placed before the Committee for its consideration.

10. The Secretariat shall prepare draft report of the Committee containing its recommendations which shall be placed before the Committee for its approval.

11. The report of the Committee shall be presented to the Council by the Chairman or in his absence by any member of the Committee.

12. As soon as possible, after presentation of the report to the Council, copies thereof shall be circulated to the members of the Council and the Ministries concerned.

13. A copy of the report shall also be forwarded to the petitioner concerned:

Provided that in case a petition is signed by more than one person, a copy of the report shall be forwarded to the first signatory to the petition.

14. Ministries shall furnish to the Secretariat, within a period of six, months from the date of presentation of the report, statements showing action taken or proposed to be taken by them on the recommendations made by the Committee in its reports. The information so received, shall be placed before the Committee for consideration in the form of memoranda.

15. Where any Ministry is not in a position to implement, or feels any difficulty in giving effect to, a recommendation made by the Committee, the views of the Ministry shall be placed before the Committee, who may, if necessary, present a further report to the Council, after considering the views of the Ministry in the matter.

The Report of the Committee is presented to the House by the Chairman of the Committee or in his absence by any member of the Committee(p). The Committee's recommendations are arrived at by mutual discussions among its members and are, by convention, unanimous. The Committee's approach is always unbiased, non-partisan and constructive. Its recommendations receive much attention from Government and are considered and implemented by Government in many cases. The Committee pursues the recommendation till they are finally disposed off. The Ministries/Departments of the Government are asked to inform the Committee within six month from the date of presentation of the Report about the action taken or proposed to be taken by them on the Reports. Where the Ministries/Departments find difficulty in implementing any recommendations they are required to state the nature of the problem giving convincing reasons for the satisfaction of the Committee. The Committee is empowered, wherever necessary, to present further Reports on the petitions considered earlier by it.

The Committee receives petitions from cross sections of society. There have been petitions from civil servants. students, workers, physically handicapped persons and various other sections of the Society. The Committee has so far considered and reported to the House on 108 petitions. A cursory look at these reports would show that the Committee has proved itself to be a valuable instrument for the redressal of public grievances.

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(p) Rule 153

 

3. COMMITTEE ON PRIVILEGES

Parliamentary Privilege is the sum of the peculiar rights enjoyed by each House collectively as a constituent part of Parliament and by members of each House individually, without which they could not discharge their functions, and which exceed those possessed by other bodies or individuals. When any of these rights and immunities, both of the members, individually, and of the House in its collective capacity, which are known by the general name of privileges, are disregarded or attacked by any individual or authority, the offence is called a breach of privileges, and is punishable under the law of Parliament. Article 105/ 194 of the Constitution deals with the powers, privileges and immunities of Members of Parliament/State Legislatures and their Houses, Members and Committees. Each, House also claims the right to punish actions which, while not breaches of any specific privilege, are offences against its authority or dignity, such as disobedience to its legitimate commands or libels upon itself, its officers or its members, Such actions, though called "breaches of privilege" are more properly distinguished as "contempts"

In this light the Committee of Privileges is one of the important committees functioning in the Rajya Sabha since the 22nd May, 1952 when it was first nominated. This Committee is constituted to examine every question of privilege referred to it either by the House or by the Chairman and to determine with reference to the facts of each case whether a breach of privilege is involved, the circumstances leading to it and to make such recommendations as it may deem fit. It consists of ten members nominated by the Chairman. The Chairman of the Committee is also appointed by the Chairman from amongst the members of the Committee. Generally, the Dy. Chairman is appointed the Chairman of the Committee. Normally, the tenure of the Committee is one Year but it continues to hold office till a new Committee is nominated.

Every report of the Committee is presented to the House by the Chairman of the Committee or in his absence by a member of the Committee. After the report is presented to the House a motion for consideration of the report may be moved by the Chairman of the Committee or any other member of the Committee. Any member may give notice of amendments to the motion for consideration of the report in such form as may be considered appropriate by the Chairman, Rajya Sabha. After the motion for consideration of the report has been carried, the Chairman or any member of the Committee or any other member as the case may be moved that the house agrees or disagrees or agrees with amendments with the recommendations contained in the report. The Committee has so far presented 39 reports to the House on matters referred to it.

 

4. ETHICS COMMITTEE

The question relating to the setting up of the Ethics Committee was placed before the General Purpose Committee for consideration at its meeting held on 20 February, 1997. The Committee authorised the Chairman to constitute the Ethics Committee. On 5 March, 1997 the Chairman, Rajya Sabha made the anouncement in the House regarding the constitution of the Ethics Committee.

The Ethics Committee which was constituted by the Chairman, Rajya Sabha on 4 March, 1997 is to oversee the moral and ethical conduct of the Members. In all respects of procedure and other matters, the rules applicable to the Committee of Privileges apply to the ethics Committee with such variations and modifications as the Chairan, Rajya Sabha may, from time to time, make.

5. COMMITTEE ON GOVERNMENT ASSURANCES

The Parliamentary Questions put down for oral as well as for written answers are devices for keeping the Administration under the continual surveillance of the legislature. It is obvious that in many cases, a Minister while replying to a question or supplimentaries thereon in the House, cannot meet the demands of or supply forthwith all the information asked for, by the questioner. The questioner also is aware that he cannot expect that the matter raised by him would always receive a satisfactory reply immediately. What he expects, however, is a reasonable response from the Minister in the form of an assurance as to what Government propose to do in the matter. Thus, many a time Ministers give assurances, undertakings or promises either to consider the matter, take appropriate action thereon or collect and furnish relevant information to the House. Such assurances are given not only while replying to questions but also during discussion on Bills, Resolutions, Motions, etc.

These assurances are like safety valves and help in calming down momentary tensions which generally arise if the replies given by Ministers are evasive or unsatisfactory.

But the matter should not, in public interest, be allowed to rest there. There is a possibility that a Minister. after giving an assurances, may forget what he had said in the House. On the other hand it is very difficult for a member to keep a watch as to whether an assurance given by the Minister on the Floor of the House has actually been fulfilled or implemented. He has normally no means of knowing whether all the assurances given by the Ministers have been implemented as he does not have a complete record of such assurances. There were, therefore, innumerable difficulties which an individual member had to surmount to get an assurance implemented. Sometimes a Minister might claim that a particular assurance had been implemented, but if one went deep into the matter, one would find that there was no implementation of the assurance at all. It may also happen that a portion of the assurance, which may not be substantial. has been implemented and the material part of it has not been attended to at all. In the past there was no obligation on the part of the Government to make a report to Parliament and it was left to the Government to make a report to Parliament and it was left to the Government to fulfil the assurances, promises, undertakings etc., given by Ministers on the Floor of the House.

It was with a view to removing these difficulties and keeping a watch over the implementation of such assurances that the need for constituting some parliamentary agency to look into such Platters was felt. This is how the Committee on Government Assurances came into being. This Committee is 'wholly an Indian innovation' and has no parallel in any other country in the world having a parliamentary system of Government.

The first Committee on Government Assurances of the Rajya Sabha was constituted on. the 1st July, 1972. The Committee consists of 10 members including the Chairman. The Committee continues in office till a new Committee is constituted.

The functions of the Committee on Government Assurances as enunciated in rule 212A of the Rules of Procedure and Conduct of Business in the Rajya Sabha are to scrutinise the assurances, promises, undertakings, etc. given by Ministers.

from time to time. on the Floor of the Rajya Sabha and to report on

(a) the extent to which such assurances, promises, undertakings have been implemented; and

(b) when implemented, whether such implementation has taken place within the minimum time necessary for the purpose.

The Committee has adopted a standard list of 34 expressions in forms which are treated as consistuting assurances, undertakings, etc., given by the Ministers on the floor of the House. This list of expressions or forms is only illustrative and not exhaustive and is meant for the guidance of the Committee as well as the Rajya Sabha Secretariat. Any addition to or deletion from this list is done by the Committee itself. In important cases the Chairman keeps the Committee informed of the action taken by him on behalf of the Committee.

Since the purpose and value of an assurance is lost unless It is implemented within a reasonable time, the Committee has laid down the time limit of three months for the implementation fo an assurance.

The procedure followed by the Committee is: the first stage is to extract assurances from the verbatim proceedings of the House on the basis of a standard list of expressions or forms approved by the Committee. Such lists of assurances are also prepared by the Ministry of Parliamentary Affairs on behalf of the Committee. If there is any discrepancy between the two lists, the matter is taken up with the Ministry of Parliamentary Affairs.

After the assurances, etc. have been culled from the proceedings of the House the Secretariat sends them to the Ministry concerned for implementing. The Ministry thereupon take action under intimation to the Ministry of Parliamentary Affairs. On the basis of the information furnished by the Ministries, the Minister of Parliamentary Affairs lays on the Table of the House, from time to time, statements of action taken by the Ministries. Such statements clearly show the implementation of specific assurances supported by documents wherever necessary.

As soon as statements on the implementation of the assurances are laid on the Table of the House, the Secretariat on behalf of the Committee, examines these statements with a view to ensuring that there has been a complete and satisfactory implementation of the assurances or Whether something further is required to be done on any of the assurances or whether an inordinate delay had occurred in their implementation, The findings in the matter are placed before the Committee for its consideration.

While considering the statement in regard to action taken by Government in the implementation of certain assurances, or in respect of assurances which have not been implemented satisfactorily or in case of delay in implementation, the Committee has the discretion to issue a questionnaire and summon officers of the concerned Ministries to give evidence before it. It is also open to the Government to bring to the notice of the Committee any fact which they desire the Committee to be, seized of with reference to any specific assurance.

After the examination of the action taken by the Government to implement the assurances, the Committee arrives at its own conclusions regarding the extent to which assurances have actually been implemented and the time taken for implementation and then makes its recommendations. The report is presented to the House by the Chairman or by any member of the Committee so authorised for the purpose. The Committee so far have presented 43 reports.

6. COMMITTEE ON SUBORDINATE LEGISLATION

The Constitution of India provides for the establishment of a Welfare State based on justice and equality. There is hardly any activity of a common man's life which is not regulated by the State in one form or the other. The nature and range of functions of Government are accordingly changing at a rapid speed and responsibilities of the legislature are also becoming increasingly onerous. The area and extent of Governmental activity, therefore, widened considerably necessitating enactment of a larger number of laws.

It is not possible for any legislature to pass all the comprehensive legislative measures, anticipating and meeting all possible contingencies and situations because of pressure on parliamentary time; technical and sometimes complicated nature of the subject matter; and the need to have flexibility and adaptability and to act speedily. Hence the details which are essentially subsidiary or procedural in nature are conveniently left to be supplied and supplemented by rules, regulations and orders within the prescribed framework of and limits imposed by the statute itself and subject to parliamentary control.

Parliament does not attempt to do more than lay down the broad principles of any legislation on hand. It merely formulates a legislative policy and leaves the application of the law to be worked out in greater details within that policy or those principles. The instruments that embody these details are known by various names such as rules, regulations, byelaws, schemes and orders. They form what is called subordinate legislation, i.e. legislation made by a body named in a statute which is subordinate and subject to the control of the supreme legislative body, the Parliament. Parliament exercises its control on subordinate legislation in three ways. Firstly, it requires, by providing in the statute, that the rules etc. made thereunder should be laid on the Table so that Parliament is kept informed about them. Secondly, it gives, again through the statute, a right to the Parliament to make modifications or amendments in these rules-by adopting a motion or resolution moved within a stipulated time.

Thirdly, each House of Parliament has set up a Committee known as Committee on Subordinate Legislation to scrutinise the rules made under the statute.

The Committee on Subordinate Legislation is thus one of the most important committees of Parliament. The first Committee on Subordinate Legislation of the Rajya Sabha with 15 members was nominated by the Chairman, Rajya Sabha, on the 30th September, 1964. The Rules of Procedure of Rajya Sabha were amended in 1972 to widen the sphere of the Committee's functioning so that the Committee could scrutinise rules and regulations made under the Constitution also.

The main work of the Committee is to consider, scrutinise and report to the House whether the powers delegated by the Constitution or a statute of Parliament have been properly exercised within the framework of the Constitution or the concerned statute. While this is the broad guideline for the Committee, the Committee has particularly to see the following aspects of a rule or regulation :

(i) whether it is in accordance with the provisions of the Constitution or the Act pursuant to which it is made;

(ii) whether it contains matter which, in the opinion of the Committee, should more properly be dealt within an Act of Parliament;

(iii) whether it contains imposition of any tax;

(iv) whether it directly or indirectly bars the jurisdiction of the courts;

(v) whether it gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;

(vi) whether it involves expenditure from the Consolidated Fund of India or the Public revenues;

(vii) whether it appears to make some unusual or unexpected use of the power conferred by the Constitution or the Act pursuant to which it is made;

(viii) whether there appears to have been unjustifiable delay in its publication or laying before Parliament;

(ix) whether for any reason its form or purport calls for elucidation.

By the direction of the Chairman of the Rajya Sabha, the scope of the Committee's functioning has been widened.

The directions are as follows :--

(1) The Committee on Subordinate Legislation may examine all 'Orders'. whether laid before the Council or not, framed in pursuance of the provisions of the Constitution or a statute delegating power to a subordinate authority, to make such orders.

(2) The Committee may examine provisions of Bills which seek to :

(i) delegate powers to make Orders, or

(ii) amend earlier Acts delegating such powers, with a view to see whether suitable provisions for the laying of the Orders before the Council have been made therein.

(3) The Committee may examine any other matter relating to an Order or any question of Subordinate Legislation arising therefrom.

The Committee, therefore, examines Bills as introduced in, or laid before the House with a view to seeing whether the provisions requiring laying of the rules, regulations etc. made thereunder, on the Table of the House have been made.

Each and every rule, regulation, etc. either laid on the Table or published in the Gazette of India is examined. If any points in regard to the exercise of the rule-making power by the subordinate authority arise during that examination, a clarification from the Ministry is sought and, thereafter the matter is placed before the Committee in the form of a memorandum giving the details such as the rule objected to, the grounds of objection and the Ministry's comments or clarification thereon. The Committee considers the memorandum and comes to its own conclusions. If further elucidation is needed by the Committee, it is sought either in writing or by inviting the representatives of the Ministry concerned, to appear before it personally. The details of all these matters find place in the Report of the Committee.

The Rajya Sabha Committee on Subordinate Legislation has been in existence for the last 33 years and it has so far presented 119 reports to the House. These reports reveal certain noteworthy contributions made by the Committee not merely in the matter of improving the form or drafting of the subordinate legislation but also in the matter of substance and contents thereof especially in respect of rules which appear to affect a citizen's rights. Many of the recommendations made by the Committee have also led to amendment of statutes. The Committee also reports to the House from time to time on action taken or proposed to be taken by Government on the various recommendations made by it.

 

7. COMMITTEE ON PAPERS LAID ON THE TABLE OF THE HOUSE

A wide variety of papers are laid on the Table of the House. The practice of laying papers on the Table is a long established one. In certain Central Acts, specific provision exists for the laying on the Table of certain documents such as audited accounts and annual reports of autonomous bodies, government companies, etc. as also the rules made by the Government in exercise of the delegated powers of legislation. Sometimes Government of their own lay on the Table important reports, agreements and other papers, which government think should be brought to the notice of Parliament.

Previously all matters relating to Paper Laid on the Table, like delay in laying a paper and whether there had been compliance of the statutory provisions for laying the paper or whether papers required to be laid on the Table had actually been laid and whether both Hindi and English versions of a paper had been laid, were left to individual members to probe and to raise these points in the House. Considering the huge volume and variety of papers which are laid on the Table from day to day and the fact that papers to be laid on the Table are not available to members for scrutiny in advance it was not always possible for members to exercise vigilance in respect of all the aspects of papers laid on the Table. The House by itself was also not in a position to give a closer scrutiny to each and every document laid on the Table. It was in that background that the need to constitute a Committee on Papers Laid on the Table was felt and the Committee on Rules in its second report presented to the Rajya Sabha or. May 2, 1979, recommended for the constitution of the Committee on Papers Laid on the Table. The second report was agreed to by the Rajya Sabha on December 24, 1981, While incorporating the rules elating to the constitution and functions of the Committee viz. Rules 212H to 2120 in the Rules of Procedure and Conduct of Business in Rajya Sabha, a provision has also been made that a member wishing to raise any of the matters which comes within the purview of this Committee shall refer it to the Committee and not raise it in the House,

The Committee on Papers Laid on the Table was for the first time constituted on the 3rd March, 1982. It consists of 10 members nominated by the Chairman. Its normal tenure is one year but continues to hold office till new Committee is nominated.

After a paper is laid before the Rajya Sabha by a Minister, the Committee considers:

(a) whether there has been compliance with the previsions of the Constitution or the Act of Parliament or any other law, rule or regulation in pursuance of which the paper has been so laid;

2. whether there has been any unreasonable delay in laying the paper before the House and if so,

The Committee has the power to require the evidence of persons or the production of' papers or records, if such a course is considered necessary for the discharge of its duties.

It is left to the discretion of the Committee to treat any evidence tendered before it as secret or confidential.

The Committee, on its constitution, immediately addressed itself to the task of examining the reports and accounts of the public undertakings and statutory corporations under the Central Government and made valuable recommendations of vital nature as contained in its first report presented to the House on the 11th August, 1982.

The volume and pressure of Parliamentary work being generally quite heavy, it is necessary to plan the business of the House within the time available for discussion. With a view to achieving this purpose the necessity of having a Committee of the House was considered essential and the Business Advisory Committee was accordingly set up.

The Business Advisory Committee was constituted for the first time in the Rajya Sabha on the 4th August, 1952. The Committee consists of 11 members including the Chairman and the Deputy Chairman of the Rajya Sahba and the Chairman of' the Rajya Sabha is the ex-officio Chairman of the Committee. The Committee so nominated by the Chairman holds office till a new Committee is nominated.

Apart from the leader of the House, the leader of the opposition and Minister of Parliamentary Affairs booking often Rajya Sabha, Leader of Parties/Groups having a strength of five and more and not represented in the committee are also invited to attend the meetings as "special invitee" Members of the Panel of vice-chairmen are also invited to attend the meeting as "Special-invitee."

The functions of the Committee are to recommend the time that should be allocated for the discussion of stage or stages of such Government Bills and other business as the Chairman in consolation with the Leader of the House may direct for being referred to the Committee. The Committee has also the power to indicate in the proposed time-table the different hours at which the various stages of the Bill or other business shall he completed. In short the Committee decides the time-table for Government legislative and other business of the House.

Apart from allocating time for Government legislative and other business the Committee also recommends allocation of time for discussion of stage or stages of Private Members' Bills and Resolutions. The Committee also selects for discussion. No-day-yet-named-Motions and

Short Duration Discussions tabled by Private Members. Proposals for late sitting of the House, extension of sittings of the House beyond the normal schedule fixing of additional sittings and cancellation of sittings etc. are normally placed before the Business Advisory Comittee.

While considering the question of allocation of time to various items of business the Committee takes into account the following factors:-

 Article 118(1) of Constitution of India provides that each House of Parliament may make rules for regulating, subject to the provisions of the Constitution its procedure and conduct of its business. Clause (2) of the aforsaid article further provides that until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Domminion of India shall have effect in relation to Parliament subject to such modifications and adaptations as ay be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

At the time of its inception in May 1952, the Rajya Sabha had no Rules of Procedure of its own. For the purpose of regulating the procedure and conduct of business in the Rajya Sahba, the Constituent Assembly (Legislative) Rules of Procedure and Conduct of Business, in force immediately before the commencement of the Constitution were modified and adopted by the Chairman of the Rajya Sabha in exercise of the powers conferred by article 118(2) of the Constitution. These rules continued to regulate the procedure and conduct of business in the Rajya Sabha for 12 years.

The first Committee on Rules of the Rajya Sabha was nominated on May 12, 1952. It consisted of 15 members including the Chairman, Rajya Sabha, as the ex-officio Chairman of he Committee.

An ad-hoc Committee consisting of 15 members was set up in 1962 to recommend draft rules for regulating the procedure an conduct of business in the Rajya Sabha. The Report of the Committee recommending the draft rules was presented to the House on the 29th November, 1963. On a motion moved in the House on the 27th May, 1964 the Rules as amended, were adopted by the House on the 2nd June, 1964. These rules came into force with effect from 1st July, 1964. The procedure for Calling Attention and Short Duration Discussion relating to matters of urgent

public importance were for the first time introduced in the Rajya Sabha under these Rules. The Committee on Subordinate Legislation was also constituted under these Rules. The scope of the Committee on Petitions was also enlarged. These rules were further modified by the House on the basis of the first Report of the Committee on Rules in 1972. In pursuance thereof a Committee on Government Assurances was constituted.

The Committee presented its second and third reports 'to the Rajya Sabha on May 2, 1979 and December 2, 1981 respectively. These two reports were agreed to by the Rjaya Sahba at its sitting held on December 24, 1981. On the basis of these two reports, the rules were further modified and the important amendments inter alia included (i) The Constitution of a Committee on Papers Laid on the Table; (ii) inclusion of Deputy Chairman as a member in the Business Advisory Committee and the Rules Committee (iii) transaction of Private Members' business on any other day in the week if there is no sitting on Friday; and (iv) allocation of time for Private Members' business by the Business Advisory Committee as it does in case of Government business.

The fourth report of the Committee on Rules was presented to the House on the 19th March, 1986 and was adopted on 14th May, 1986, On the basis of this report, rules relating to Precedence of Private Members' Bills 25(3), Resumption of adjourned debate on Private Member Bill or Resolution 28(2) etc. were modified and new rules 212 P to 212 W relating to the House Committee were incorporated w.e.f. July 1, 1986.

10. HOUSE COMMITTEE

The Committee on Rules in its Fourth Report which was adopted by the House on 14th May, 1986, has provided for the rules relating to the House Committee. The Committee consists of 7 members who are nominated by the Chairman. The Committee holds office until a new Committee is nominated. The Chairman of the Committee is appointed by the Chairman, Rajya Sabha from amongst the members of the Committee. Three members of the Committee constituted the quorum. Earlier, the Chairman, Rajya Sabha had made rules on the composition and functioning of the House Commitee.

General Purposes Committee is one of the standing Committees of the Rajya Sabha and it is constituted every year. It consists of the Chairman, Deputy Chairman, Leader of the House, Leader of the Opposition, Members of the Panel of Vice-Chairman, Chairmen of all Standing Committees of Rajya Sabha, Leaders of recognised parties and groups in the Rajya Sabha and such other members as may be nominated by the Chairman. No fixed number is prescribed. The first Committee was constituted on the 28th May, 1956 and had 16 members on it while the present Committee constituted on 28th May 1997 consisted of 21 Members. The Chairman, Rjaya Sahba, is the Chairman of the Committee.

2. The Rules of Procedure and Conduct, of Business, however do not provide specifically for the Committee.

3. The functions of the Committee are to consider matters concerning the affairs of the House or Members which are not looked after by other Standing or ad hoc Committees and such other matters as may he referred to it by the Chairman from time to time The Committee does not present any Report to the House, nor its minutes are laid on the Table of the House. However, the minutes of the meetings are kept and circulated to the Members of the Committee

G.P.C. it meeting held on 27.2.97 recommended that a Committee on Provision of Computers for Members of Rajya Sabha may be constituted to go into all aspects relating to supply etc. of Computers to Members of Rajya Sabha. The Committee was thus constituted on 18.3.97 comprising of 7 Members of Rajya Sahba, under the Chairmanship of the Dy. Chairman of Rajya Sabha. The main functions of the Committee are as follows:-

The Committee on the Provisions of Computers for the Members of Rajya Sabha

General Purposes Committee at its meeting held on 27th February, 1997 recommended that a committee on the provision of computers for the Members of Rajya Sabha may be constituted to go into all aspects relating to supply and maintenance etc. of computers provided to Members of Rajya Sabha. The Committee was thus constituted on 18th March, 1997, comprising of 7 Members of Rajya Sabha, under the chairmanship of Deputy Chairperson, Rajya Sabha.