JATIN GUPTA

Parliamentary
Commitees and

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Privileges
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Indian Polity and Constitution
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Parliamentary Committees
Why do you think the committees are considered to be
useful for parliamentary work? Discuss, in this context, the
role of the Estimates Committee. 2018

Do Department-related Parliamentary Standing

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Committees keep the administration on its toes and inspire

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reverence for parliamentary control? Evaluate the working

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of such committees with suitable examples.
2022
President of the U.S. Woodrow Wilson once remarked, ‘It is not far from the
truth to say that Congress in session is Congress on public exhibition, whilst

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Congress in Committee rooms is Congress at work.’

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Parliamentary committees are composed of groups of MPs. These
Committees review proposed laws, oversee activities of the government,
and scrutinise government expenditure.
Their reports allow for informed debate in Parliament, as well as increase
the efficiency and expertise of Parliament.
Parliament lacks expertise and time they fill that gap
Committees also provide a forum to build consensus across party lines

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They enable consultations with independent experts and stakeholders

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The government is required to table an ‘Action Taken’ report for the

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House to judge the progress made on the suggestions of the committee.

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Ad hoc committees: These committees are appointed for a specific purpose
and they cease to exist when they finish the task assigned to them and submit
a report. The principal Ad hoc Committees are the Select and Joint
Committees on Bills.

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Standing committees: These act as Parliament’s ‘Watch Dogs’ over the

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Executive. They are permanent in nature

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Some of the important standing committees are as follows:

Departmentally Related Standing Committees (DRSCs): They were

constituted in 1993 to assist Parliament in scrutinising funds allocated to
Ministries. They also examine Bills referred to them by Parliament. They are
composed of 31 members - 21 from Lok Sabha and 10 from Rajya Sabha.

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Financial Committees: These include Committee on Public Accounts,

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Committee on Public Undertakings, and Estimates Committee. They ensure

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that ensure that public finances are used efficiently.

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Administrative committees: Both Houses have set up different Committees,
such as the Business Advisory Committee, which helps decide the daily
agenda of Parliament.

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Accountability committees: These are the Committee on Government

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Assurances, the Committee on Subordinate Legislation, and the Committee

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on Petitions.

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Some best examples
Northeast Frontier (Assam) Tribal and Excluded Areas Sub-Committee
and the Excluded and Partially Excluded Areas (Other than Assam) Sub-
Committee (1947).
PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE – identified
the shortcomings and suggested measures to facilitate effective and

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efficient redressal of public grievances. Suggested to forward grievances

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to state governments received on CPGRAMS.

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The Committee on Rural Development & Panchayati Raj in its report

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noted that the RE always fell short of the budget estimates.

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PAC highlighted several concerns in a 2015 report including but not
limited to audit findings about inadequate shipbuilding practices,
frequent mid-course changes, delays in finalisation of weapon packages,
and an underestimation of costs by shipyards.
Limitations associated with the functions of the parliamentary committee:
All bills need not be referred to a parliamentary committee which has
reduced their effectiveness. In the 16th Lok sabha 0nly 29 % of the bills
were referred to the parliamentary committee in comparison to 70% of
bills in the 15th Lok sabha
Parliamentary committees suffer on the account of a shortage of staff

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Shortage of time affects comprehensive functioning

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Recommendatory in nature

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The attendance of the MPs at meetings is not consistent-leading with

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irregularity in their functioning.

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DRSCs are renewed on annual basis which affects their specialization.
Way Ahead
The problem of shortage of technical staff may be addressed by selecting
young and dynamic individuals interested in the area of functioning of
the parliament.
They can be given a fixed timeline to come up with the recommendation
and present its report

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There is a need to increase the number of DRSCs and their term may be

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increased beyond the period of one year

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The NCRWC : setting up new DRSCs including the committee on the

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national economy, for scrutinizing amendment bills, and legislative

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planning
Mandatory attendance at meetings of the committee
Adopting British practice of compulsory referral
During the discussions of the committee , no party whip would apply
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Parliamentary Privileges and Immunities

Definition
Parliamentary privilege refers to rights and immunities enjoyed by
Parliament as an institution and MPs in their individual capacity, without
which they cannot discharge their functions as entrusted upon them by the
Constitution.

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According to the Constitution, the powers, privileges and immunities of

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Parliament and MP's are to be defined by Parliament. No law has so far been

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enacted in this respect. After 44th CAA, 1978 specific reference to the house

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of commons has been deleted w.r.t parliamentary privileges.

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Individual Privileges

Freedom of Speech:
No member can be taken to task anywhere outside the four walls of the
House

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Freedom from arrest:

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Under Section 135 of CPC, a sitting legislator cannot be arrested in a civil case

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40 days before and after and during the ongoing session of the Parliament.

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Exemption from attendance as witnesses:
The members of Parliament also enjoy freedom from attendance as
witnesses during the session
Collective Privileges

Right to punish members and outsiders for breach of its privileges:

It has been given punitive powers to punish those who are adjudged guilty of
contempt of the House.

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The Parliament has the privilege to publish its debates and proceedings:

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In normal circumstances, the Parliament does not prohibit the press from

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publishing its proceedings, yet it does have a right to enforce such a

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mechanism.

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Exclusion of strangers
Each House of Parliament also enjoys the right to exclude the press and
strangers from witnessing the proceedings of the Parliament.
Breach of Privilege:
The Parliament may punish individuals who are guilty of breaching these
privileges. Such a breach may be committed by members of the House or
outsiders.
When an MP is involved in misbehaviour or commits contempt of the
House, he or she may be expelled from the House as well.

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For example, in 2006, 11 members were expelled by the speaker of the LS

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in the cash-for-question scam.

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Punishment for Breach of Privilege:
The house can ensure attendance of the offending person.
The person can be given a warning and let go or be sent to prison.

Examples
In the case of throwing leaflets and chappal, the offending individuals

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were sentenced to simple imprisonment.

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In 2008, an editor referred to the D.C of Rajya Sabha as a "coward". The

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privileges committee held the editor guilty of breach of privilege. The

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committee instead of recommending punishment stated that, “it would be

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better if the House saves its own dignity by not giving undue importance
to such irresponsible articles published with the sole intention of gaining
cheap publicity.”
Why is this power prone to misuse
Threat to democracy because of Non Codification : Art.105(3) authorizes
the Parliament to codify its privileges and until then rely on the privileges
of British Parliament. Our Parliament has not yet codified its
privileges.Therefore it can punish citizens for breach without even telling
them what the privileges are.

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Mere codification will not grant protection to free speech: SC has held

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that Art.105 and 194 being special provisions would trump over Art.19(1)

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(a). SC held that there can be no JR on speaker’s decision of breach unless

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it is proved that the decision was an “exertion of arbitrary powers.”

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Instances of misuse of Parliamentary Privileges
A Karnataka tabloid in 2017 published defamatory articles against a MLA.
Based on Privilege Committee’s recommendations, the Assembly
imposed a one-year sentence on the journalists. The final decision was of
the Speaker, Koliwad, who was the one who had lodged the complaint
against the journalists. High Court stepped in and stayed the jail sentence.

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In Maharashtra, a person was sentenced to 90 days imprisonment for

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breach of privilege for using the sentence, “we would not allow minister’s

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wives to move around if dance bars were banned.” The High Court

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refused to interfere in the Legislative matter. Ultimately, the Supreme

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Court issued a stay order.
Similarly, in 2019, a parody video of Devendra Fadnavis delivering
speech in the House was taken as insult to the House and breach of
parliamentary privilege.
Reasons for non-codification
Codification of these privileges may put them in direct conflict with
various FRs especially freedom of speech and expression under Article
19(1)(a) and therefore allow the courts to enter into such matters.
The vagueness due to non-codification works in the favour of the
Parliament as it can arbitrarily apply them.

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The Parliament believes that there have been very few instances of

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misuse of these privileges and therefore, there is no pressing need to

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codify them.

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It is often argued that specifically defining the privileges may hamper the

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powers of the Presiding officers to take disciplinary actions against the
erring members.
Way Ahead
Parliament fears losing its supreme power when the codified law would come
under judicial scrutiny.This is affecting fundamental rights of citizens and it
is not the way a democracy should function. Knowing the intention of the
parliamentarians, the Supreme Court may give the legislature a deadline for
codifying its privileges so that further abuse of privileges is prevented.

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Finally, unless the privileges are codified and relation between privileges and

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fundamental rights is balanced, the present scenario should be improved.

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One possible solution could be making the Privilege Committee as impartial

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as possible.
Since it is this Committee which recommends whether there has been breach
and what punishment can be accorded to the person, it should follow all
procedures of natural justice.
THANK YOU

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Email Address

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jatinguptacse@gmail.com

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