ombudsman in indiaOmbudsman

Ombudsman

January 27 2005 - The government is once again attempting to kill the office of the Lokpal before it is born, this time by various delaying tactics. The Law Minister has very recently referred the existing Lokpal Bill (which was presented before Parliament in 2001, but lapsed due to the dissolution of the 13th Lok Sabha) to a Group of Ministers. This GoM supposed to suggest improvements to make the bill comprehensive by bringing all the three wings of the state - the Legislature, the Executive and the Judiciary - under the purview of the Lokpal. This delay is frustrating to citizens hoping for some independent authority for the redressal of their grievances against the various arms of government.
The Ombudsman
The Indian Lokpal is synonymous to the institution of Ombudsman existing in the Scandinavian countries. The office of the ombudsman originated in Sweden in 1809 A.D., and adopted eventually by many nations 'as a bulwark of democratic government against the tyranny of officialdom'. Ombudsman is a Swedish word that stands for "an officer appointed by the legislature to handle complaints against administrative and judicial action. Traditionally the ombudsman is appointed based on unanimity among all political parties supporting the proposal. The incumbent, though appointed by the legislature, is an independent functionary - independent of all the three organs of the state, but reports to the legislature. The Ombudsman can act both on the basis of complaints made by citizens, or suo moto. S/he can look into allegations of corruption as well as mal-administration.
Rationale for the institution
In the regular dispensation of government there are implicit and explicit ways that citizens can voice their grievances and demand change. But these are often difficult. Within administrative departments, for example, any decision of one official can be appealed to a higher official, all the way up to the head of a department. However, this mechanism has inherent flaws. Higher officers enjoy departmental fraternity with those against whom complaints are made, and both sail the same boat. Therefore their impartiality in judging appeals is always doubted. On the legislative side, an individual can approach the member representing his constituency for his demands. But given the absence of easy access of an ordinary citizen to his representative, this has more remained a myth more than reality. Among the organs of state, the Judiciary has proved itself to have highest credibility in protecting individual rights. However, due to procedural complexities involved in court cases - right from filing a case to the delivery of final verdict - there are inevitable delays of justice, which often are also denial of justice.
T he existing devices for checks on elected and administrative officials have not been effective, as the growing instances of corruption cases suggest. The Central Vigilance Commission (CVC) is designed to inquire into allegations of corruption by administrative officials only. The CBI, the premier investigating agency of the country, functions under the supervision of the Ministry of Personnel, Public grievances and Pensions (under the Prime Minister) and is therefore not immune from political pressures during investigation. Indeed, the lack of independence and professionalism of CBI has been castigated by the Supreme Court often in recent times. All these have necessitated the creation of Lokpal with its own investigating team in earliest possible occasion.
Therefore, there is a need for a mechanism that would adopt very simple, independent, speedy and cheaper means of delivering justice by redressing the grievances of the people. Examples from various countries suggest that the institution of ombudsman has very successfully fought against corruption and unscrupulous administrative decisions by public servants, and acted as a real guardian of democracy and civil rights.
Ombudsmen in other nations
The functionary is called by different names in different countries; its power and functions also vary. In the Scandinavian countries (Sweden, Denmark, Finland, Norway) he is called the 'Ombudsman'. He can take cognizance of the citizens' grievance by either directly receiving complaints from the public or suo moto on the basis of information provided by the interested persons, or from newspapers, etc. However, in the U.K. the functionary - known as the Parliamentary Commissioner - can receive complains only through members of parliament.
The ombudsmen can investigate a complaint by themselves or through any public or private agency. After investigation, in Sweden and Finland, the Ombudsman has the power to prosecute erring public servants; whereas in Denmark, he can only order prosecution. However, the power of prosecution is very rarely used. The strength of the ombudsman lies in the publicity attached to the office, and the negative view that attaches itself to all that the office scrutinises. In Sweden and Finland, ombudsmen can also supervise the courts. In other countries, their authority is only over the non-judicial public servants. In almost all the cases they deal with complaints relating to both corruption and mal-administration.
The Lokpal
In early 1960s, mounting corruption in public administration set the winds blowing in favour of an Ombudsman in India too. The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukt(a)s in the states. The ARC while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of administrative machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969.
However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, resulting the first death of the bill. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998 and most recently in 2001. Each time, after the bill was introduced to the house, it was referred to some committee for improvements - a joint committee of parliament, or a departmental standing committee of the Home Ministry - and before the government could take a final stand on the issue the house was dissolved.
The Lokpal was visualized as the watchdog institution on ministerial probity. Broadly the provisions of different bills empowered the Lokpal to investigate corruption cases against political persons at the Central level. Some important features of the Lokpal Bill have varied over the years; in its most recent avatar, the bill contains the following.
Objective is to provide speedy, cheaper from of justice to people.
Members: Lokpal is to be a three member body with a chairperson who is or has been a chief justice or judge of the Supreme Court; and its two other members who are or have been judges or chief justices of high courts around the country.
Appointment : The chairperson and members shall be appointed by the President by warrant under his hand and seal on the recommendation of a committee consisting of the following persons. It's not clear whether the committee has to make a unanimous decision or a majority decision will do. (a) The Vice-President (Chairman) (b) The PM (c) The Speaker of LS (d) Home Minister (e) Leader of the House, other than the house in which PM is a member. (f) Leaders of Opposition of both the houses.
Independence of the Office: In order to ensure the independence of functioning of the august office, the following provisions have been incorporated.
Appointment is to be made on the recommendation of a committee.
The Lokpal is ineligible to hold any office of profit under Government of India or of any state, or similar such posts after retirement.
Fixed tenure of three years and can be removed only on the ground of proven misbehaviour or incapacity after an inquiry made by CJI and two senior most judges of SC.
Lokpal will have its own administrative machinery for conducting investigations.
Salary of Lokpal is to be charged on the Consolidated Fund of India.
Jurisdiction of Lokpal:
The central level political functionaries like the Council of Ministers including the Prime Minister, the Members of Parliament etc.
He can not inquire into any allegation against the PM in relation to latter's functions of national security and public order.
Complaints of offence committed within 10 years from the date of complaint can be taken up for investigation, not beyond this period.
Any person other than a public servant can make a complaint. The Lokpal is supposed to complete the inquiry within a period of six months. The Lokpal has the power of a civil court to summon any person or authority. After investigation, the ombudsman can only recommend actions to be taken by the competent authority. A number of safeguards have been taken to discourage false complains or complain of malafide intent.
He can order search and seizure operations.
He shall present annually to the President the reports of investigation and the latter with the action take report has to put it before the both houses of parliament.
It may be noted that the Lokpal is supposed to investigate cases of corruption only, and not address himself to redressing grievances in respect of injustices and hardship caused by maladministration.
The current situation
V ery recently a highly discouraging phenomenon has come to light, that is, the prevalence of corruption in the subordinate courts and even in High Courts. Probably due to this, the present government has planned to bring the Judiciary within the purview of Lokpal; this is one reason why the Bill has been referred to the Group of Ministers. However given the history of Lokpal bill, there is a constant risk that the bill will simply lapse because no conclusion is reached within the life of this Lok Sabha! The political fraternity is understandably opposed to a Lokpal, since the purported target of the Lokpal is mainly the politicians themselves.
The publicly stated reason for the current delay is that some important issues are as yet unresolved. Primarily, these are:
Whether the office of the Prime Minister be brought under the purview of Lokpal
"Be you ever so high, the law is higher than you". According to this maxim of the supremacy of the law, there is no reason why the PM should be given special treatment over other functionaries. The misdeeds committed during the Emergency remind us of the necessity of including the PM within the purview of the Lokpal. The Prime Minister is the example-setter for political life; the inclusion of his office strengthens the cause of probity in public life, whereas his exclusion would create suspicion in the public's mind about the honesty and integrity of the highest political executive of the country.
It appears likely that the revised bill will include the Prime Minister within the Lokpal's purview, with proper safeguards that would exclude any possibility of conspiracy to scandalise the PM.
Whether the Lokpal should have its own investigation machinery, or if it should depend on the existing ones.
The principal reason for growing corruption in public life, despite the existence of stringent laws, is the inability, as well as the lack of commitment and impartiality, of the investigating agencies. The agencies have not shown the desired degree of honesty, and instead been pliant to their political masters. Making the Lokpal solely dependent on the existing investigating bodies would amount to empowering the office of Lokpal in theory, but making it pointless in practice. There is also the question of costs incurred, should a separate investigative machinery for the Lokpal be established. But this is simply a distraction. Not only would the costs be miniscule in comparison to many other initiatives, but they would likely be compensated by reduced corruption in administrative and legislative matters that impart a huge cost when unchecked.
Lokayuktas in the states
There are as many as 17 states where the institution of Lokayukta has been constituted, beginning with Orissa in 1971. However the power, function and jurisdiction of Lokayuktas are not uniform in the country. In some states it has been applicable to all the elected representatives including the CM. In some other states legislators have been deliberately kept out of his purview. Often, lacunae have been left in legislation creating the office, apparently to keep the elected representatives outside meaningful jurisdiction of the Lokayukta, even when the laws appear to include them. Lokayuktas have not been provided with their independent investigative machinery making them dependent on the government agencies, which leaves enough scope for the politicians and the bureaucrats to tinker with the processes of investigation.
Despite provisions that have rendered the Lokayuktas toothless, competent office-holders have tried to use the office for the public good. In Karnataka, especially, the Lokayukta, despite small budgets and limited authority, has emerged as a figure of some respect, visiting government offices regularly and proactively exmaining corrupt practices. Here too, however, MLAs remain beyond his jurisdiction. ⊕

paliament of INDIA

THE INDIAN PARLIAMENT

Parliament is the supreme legislative body of a country. Our Parliament comprises of the President and the two Houses—Lok Sabha (House of the People) and Rajya Sabha (Council of States). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.
The Constitution of India came into force on January 26, 1950. The first general elections under the new Constitution were held during the year 1951-52 and the first elected Parliament came into being in April, 1952, the Second Lok Sabha in April, 1957, the Third Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May, 1996, the Twelfth Lok Sabha in March, 1998 and Thirteenth Lok Sabha in October, 1999.
LOK SABHA
Lok Sabha, as the name itself signifies, is the body of representatives of the people. Its members are directly elected, normally once in every five years by the adult population who are eligible to vote. The minimum qualifying age for membership of the House is 25 years. The present membership of Lok Sabha is 545. The number is divided among the different States and Union Territories as follows:
Anglo-Indians (if nominated 2 by the President under Article 331 of the Constitution)
RAJYA SABHA
Rajya Sabha is the Upper House of Parliament. It has not more than 250 members. Members of Rajya Sabha are not elected by the people directly but indirectly by the Legislative Assemblies of the various States. Every State is allotted a certain number of members. No member of Rajya Sabha can be under 30 years of age.
Twelve of Rajya Sabha members are nominated by the President from persons who have earned distinction in the fields of literature, art, science and social service.
Rajya Sabha is a permanent body. It is not subject to dissolution but one-third of its members retire every two years. Rajya Sabha was duly constituted for the first time on April 3, 1952 and it held its first sitting on May 13, that year.
There are at present 245 members in Rajya Sabha, distributed among different States and Union Territories as follows:
(31) Nominated by the President under 12 Article 80(1)(a) of the Constitution
Presiding Officers
Lok Sabha elects one of its own members as its Presiding Officer and he is called the Speaker. He is assisted by the Deputy Speaker who is also elected by Lok Sabha. The conduct of business in Lok Sabha is the responsibility of the Speaker.
The Vice-President of India is the ex-officio Chairman of Rajya Sabha. He is elected by the members of an electoral college consisting of members of both Houses of Parliament. Rajya Sabha also elects one of its members to be the Deputy Chairman.
Functions of Lok Sabha and Rajya Sabha
The main function of both the Houses is to pass laws. Every Bill has to be passed by both the Houses and assented to by the President before it becomes law. The subjects over which Parliament can legislate are the subjects mentioned under the Union List in the Seventh Schedule to the Constitution of India. Broadly speaking, Union subjects are those important subjects which for reasons of convenience, efficiency and security are administered on all-India basis. The principal Union subjects are Defence, Foreign Affairs, Railways, Transport and Communications, Currency and Coinage, Banking, Customs and Excise Duties. There are numerous other subjects on which both Parliament and State Legislatures can legislate.
Under this category mention may be made of economic and social planning, social security and insurance, labour welfare, price control and vital statistics.
Besides passing laws, Parliament can by means of resolutions, motions for adjournment, discussions and questions addressed by members to Ministers exercise control over the administration of the country and safeguard people’s liberties.
Difference between Lok Sabha and Rajya Sabha
(1) Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya Sabha are elected by the elected members of State Legislative Assemblies in accordance with the system of proportional representation by means of single transferable vote.
(2) The normal life of every Lok Sabha is 5 years only while Rajya Sabha is a permanent body.
(3) Lok Sabha is the House to which the Council of Ministers is responsible under the Constitution. Money Bills can only be introduced in Lok Sabha. Also it is Lok Sabha which grants the money for running the administration of the country.
(4) Rajya Sabha has special powers to declare that it is necessary and expedient in the national interest that Parliament may make laws with respect to a matter in the State List or to create by law one or more all-India services common to the Union and the States.


OPENING OF PARLIAMENT BY THE PRESIDENT
Article 87(1) of the Constitution provides:— "At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons."
In the case of the first session after each general election to Lok Sabha, the President addresses both Houses of Parliament assembled together after the Members have made and subscribed the oath or affirmation and the Speaker has been elected. It takes generally two days to complete these preliminaries. No other business is transacted till the President has addressed both Houses of Parliament assembled together and informed Parliament of the causes of its summons. In the case of the first session of each year, the President addresses both Houses of Parliament at the time and date notified for the commencement of the session of both the Houses of Parliament. Half-an-hour after the conclusion of the Address, both the Houses meet separately in their respective Chambers when a copy of the President’s Address is laid on the Table and brought on the record of each House.
No separate summons for the President’s Address are issued to members. They are informed of the date, time and place fixed for the President’s Address through a Parliamentary Bulletin. At the time fixed for the President’s Address, Members of both Houses of Parliament assemble together in the Central Hall of the Parliament House where the President delivers his Address. New members who have not already made and subscribed the oath or affirmation are admitted to the Central Hall on the occasion of the President’s Address on production of either the certificate of election granted to them by the Returning Officer or the summons for the session issued to them. In the Central Hall, Prime Minister, Cabinet Ministers, Deputy Speaker, Lok Sabha and Deputy Chairman, Rajya Sabha are allotted seats in the first row. Other Ministers are also allotted a block of seats. The Leaders of the Opposition in Lok Sabha and in Rajya Sabha are allotted seats in the first row. Leaders of other Parties/Groups in both the Houses are also allotted suitable seats. Members of Panel of Chairmen and Chairmen of Parliamentary Committees are allotted seats in the second row. The Members are free to occupy other seats which are not allotted/earmarked.
The President’s Address to both the Houses of Parliament assembled together is a solemn and formal act under the Constitution. Utmost dignity and decorum befitting the occasion are maintained. Any action on the part of a Member which mars the occasion or creates disturbance is punishable by the House to which that Member belongs. Members are expected to take their seats five minutes before the President arrives in the Central Hall.
The visitors, who are issued passes for this occasion, are also requested to be in their seats half-an-hour before the time fixed for the President’s Address. It is a convention that no Member leaves the Central Hall while the President is addressing. The President arrives at the Parliament House (North West portico) in the State Coach or in the car and is received at the Gate by the Chairman, Rajya Sabha, the Prime Minister, the Speaker, Lok Sabha, Minister of Parliamentary Affairs and Secretaries-General of the two Houses. The President is conducted to the Central Hall in a procession. On the passage from the Gate to the Central Hall from where the procession passes, red baize cloth is spread.
Just when the procession enters the gangway of the Central Hall, the Marshal who has taken his position at the dais, announces the arrival of the President by saying [Hon’ble Members, Hon’ble the President] Almost simultaneously two trumpeters positioned in the Gallery above the dais sound the fanfare till the President arrives at the dais. Thereupon, Members rise in their places and remain standing until the President has taken his seat on the dais.
On reaching the floor of Central Hall in front of the dais, the procession bifurcates; the President, the Chairman of Rajya Sabha and the Speaker of Lok Sabha move towards their seats on the dais — the Chairman to the right and the Speaker to the left of the President who occupies the middle seat. The Secretaries-General and other Officers in the procession move towards the chairs placed for them in the pit of the Central Hall on either side of the dais. When President reaches his seat on the dais, a band positioned in the Lobby of the Central Hall to the right of the President, plays the National Anthem during which time everyone remains standing. Thereafter, as the President takes his seat, Presiding Officers and Members resume their seats. The President then addresses the Members in Hindi or English. The other version of the Address is read out by the Chairman of the Rajya Sabha. After the conclusion of the Address, the President rises in his seat followed by the members when the National Anthem is played again. The President, thereafter, leaves the Central Hall in a procession which is formed in the same manner as at the time of his arrival. The members remain standing till the procession leaves the Central Hall. On reaching the gate, the President takes leave of the Chairman, Rajya Sabha, the Prime Minister, the Speaker, Lok Sabha and Minister of Parliamentary Affairs. The Secretaries-General of the two Houses are also present at the occasion. Thereafter, the President leaves for the Rashtrapati Bhawan.


HOW A BILL BECOMES AN ACT
A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament.
First Reading
The legislative process starts with the introduction of a Bill in either House of Parliament—Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. In the former case it is known as a Government Bill and in the latter case it is known as a Private Member’s Bill.
It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If leave is granted by the House, the Bill is introduced. This stage is known as the First Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Speaker may, in his discretion, allow brief explanatory statement to be made by the member who opposes the motion and the member-in-charge who moved the motion. Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion thereon. Thereafter, the question is put to the vote of the House. However, the motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to the vote of the House.
Publication in Gazette
After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette.
In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway introduced.
Reference of Bill to Standing Committee
After a Bill has been introduced, Presiding Officer of the concerned House can refer the Bill to the concerned Standing Committee for examination and make report thereon.
If a Bill is referred to Standing Committee, the Committee shall consider the general principles and clauses of the Bill referred to them and make report thereon. The Committee can also take expert opinion or the public opinion who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House. The report of the Committee, being of persuasive value shall be treated as considered advice given by the Committees.
Second Reading
The Second Reading consists of consideration of the Bill which is in two stages.
First Stage: The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. At this stage it is open to the House to refer the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration.
If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House which considers the Bill again as reported by the Committee. If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union Territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to move the motion for consideration of the Bill.
Second Stage: The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee.
Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the Schedules if any, clause 1, the Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second Reading is deemed to be over.
Third Reading
Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage the debate is confined to arguments either in support or rejection of the Bill without referring to the details thereof further than that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage. In passing an ordinary Bill, a simple majority of members present and voting is necessary. But in the case of a Bill to amend the Constitution, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required in each House of Parliament.
Bill in the other House
After the Bill is passed by one House, it is sent to the other House for concurrence with a message to that effect, and there also it goes through the stages described above except the introduction stage.
Money Bills
Bills which exclusively contain provisions for imposition and abolition of taxes, for appropriation of moneys out of the Consolidated Fund, etc., are certified as Money Bills. Money Bills can be introduced only in Lok Sabha. Rajya Sabha cannot make amendments in a Money Bill passed by Lok Sabha and transmitted to it. It can, however, recommend amendments in a Money Bill, but must return all Money Bills to Lok Sabha within fourteen days from the date of their receipt. It is open to Lok Sabha to accept or reject any or all of the recommendations of Rajya Sabha with regard to a Money Bill. If Lok Sabha accepts any of the recommendations of Rajya Sabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by Rajya Sabha and accepted by Lok Sabha and if Lok Sabha does not accept any of the recommendations of Rajya Sabha, Money Bill is deemed to have been passed by both Houses in the form in which it was passed by Lok Sabha without any of the amendments recommended by Rajya Sabha. If a Money Bill passed by Lok Sabha and transmitted to Rajya Sabha for its recommendations is not returned to Lok Sabha within the said period of fourteen days, it is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by Lok Sabha.








QUESTION HOUR IN LOK SABHA
Generally, the first hour of a sitting of Lok Sabha is devoted to Questions and that hour is called the Question Hour. It has a special significance in the proceedings of Parliament.
Asking of questions is an inherent and unfettered parliamentary right of members. It is during the Question Hour that the members can ask questions on every aspect of administration and Governmental activity. Government policies in national as well as international spheres come into sharp focus as the members try to elicit pertinent information during the Question Hour.
The Government is, as it were, put on its trial during the Question Hour and every Minister whose turn it is to answer questions has to stand up and answer for his or his administration’s acts of omission and commission. Through the Question Hour the Government is able to quickly feel the pulse of the nation and adapt its policies and actions accordingly. It is through questions in Parliament that the Government remains in touch with the people in as much as members are enabled thereby to ventilate the grievances of the public in matters concerning the administration. Questions enable Ministries to gauge the popular reaction to their policy and administration. Questions bring to the notice of the Ministers many an abuse which otherwise would have gone unnoticed. Sometimes questions may lead to the appointment of a commission, a court of enquiry or even legislation when matters raised are grave enough to agitate the public mind and are of wide public importance.
The Question Hour is an interesting part of the Parliamentary proceedings. Although a question mainly seeks information and tries to elicit facts on a particular subject, there are many a time lively and quicksilver repartees between the Members asking the questions and the Ministers answering them. These repartees are sometimes coupled with flashes of wit and humour. That is why the public galleries and the press galleries are packed to capacity during the Question Hour.
Telecasting of Question Hour
With a view to familiarising the public at large about the manner in which the proceedings of the Houses of Parliament are conducted in the Question Hour and how their representatives raise various issues of national/international importance, proceedings of the Question Hour are being telecast since 2 December 1991. Earlier the pre-recorded proceedings of the Question Hour were telecast by Doordarshan on the following day in the morning. From 7 December 1994, the proceedings of the Question Hour of both the Houses are being telecast live on alternate weeks throughout the country on the national channel of Doordarshan from 1100 hrs. to 1200 hrs. All India Radio is also broadcasting the proceedings of the Question Hour of both the Houses from 2200 hrs. to 2300 hrs. in the same night on their national hook up. It has been arranged in such a manner that during the telecast of the Question Hour of one House by Doordarshan, the Question Hour of the Other House is broadcast by All India Radio. In addition, the proceedings of the Question Hour and the entire post-lunch proceedings of Lok Sabha are being telecast live on a separate terrestrial channel through a Low Power Transmitter (LPT) with a reach of 10-15 kms, installed in Parliament House. The entire proceedings of Rajya Sabha are also being telecast live daily since 7 December 1994 through a separate LPT.
Types of Questions
Questions are of four types:—
Starred, Unstarred, Short Notice Questions and Questions addressed to private Members :
A Starred Question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk mark. When a question is answered orally, supplementary questions can be asked thereon. Only 20 questions can be listed for oral answer on a day.
An Unstarred Question is one which is not called for oral answer in the House and on which no supplementary questions can consequently be asked. To such a question, a written answer is deemed to have been laid on the Table after the Question Hour by the Minister to whom it is addressed. It is printed in the official report of the sitting of the House for which it is put down. Only 230 questions can be listed for written answer on a day. In addition to this, 25 more questions can also be included in the Unstarred List relating to the States under Presidential Rule and the total number of questions in the list of Unstarred Questions for a day may not exceed 255 in relaxation of normal limit of 230 questions.
A Short Notice Question is one which relates to a matter of urgent public importance and can be asked with shorter notice than the period of notice prescribed for an ordinary question. Like a starred question, it is answered orally followed by supplementary questions.
The Question to a Private Member is addressed to the Member himself/herself and it is asked when the subjectmatter of it pertains to any Bill, Resolution or any matter relating to the Business of the House for which that Member is responsible. For such Questions, the same procedure is followed as in the case of Questions addressed to a Minister with such variations as the Speaker may consider necessary or convenient.
Notices of Questions
A member gives notice in writing addressed to the Secretary-General, Lok Sabha, intimating his intention to ask a question. Besides the text of the question, the notice states clearly the official designation of the Minister to whom the question is addressed as also the date on which the question is desired to be placed on the list of questions for answer as also the order of preference, if any, for its being placed on the list of questions when a member tables more than one notice of questions for the same day.
The normal period of notice of a question is not more than twenty-one and not less than ten clear days. A short notice question can be asked with a notice shorter than ten days, but the member has to state briefly the reasons for asking the question at short notice.
Procedure in Lok Sabha Secretariat
On receipt of the notice of a question it is scrutinised to see that the designation of the Minister and date of answer have been correctly mentioned in the notice. A preliminary ballot of identical questions is held and the member who obtains priority is deemed to have tabled the question. A ballot is then held in respect of notices received in this Secretariat at the same time to determine their inter se priority. Separate ballots are held for starred and unstarred questions. Starred, unstarred and short notice questions are numbered separately and entered in separate diaries on computer software.
The next stage is to examine the question as to whether or not it is admissible under the rules and past precedents. A question is primarily asked for the purpose of obtaining information on a matter of public importance. Questions that contain arguments, inferences or defamatory statements or otherwise refer to the character or conduct of any person except in his official or public capacity, are not admitted. Questions which are in substance repetitions of those that have been answered previously or in regard to which information is available in accessible documents or in ordinary works of reference are also not admitted. Besides, if the subject matter of a question is pending for judgement before any court of law or any other tribunal or body set up under law or is under consideration before a Parliamentary Committee, the same is not permitted to be asked. Questions making discourteous references to foreign countries with whom India has friendly relations are disallowed. Similarly, questions raising larger issues of policy are not allowed for it is not possible to enunciate policies within the limited compass of an answer to a question. Questions containing more than 150 words or relating to a matter which is not primarily the concern of the Government of India are not admitted. Questions going into minor details of administration and day-to-day working of the Government/Organisations are also not admitted.
Keeping the above rules and precedents in view, a question is admitted or disallowed. Typed copies of the admitted and edited questions are then made out on a standard form. An advance copy of the admitted question is informally collected by the Ministry/Department concerned so that they may on their side initiate the action for collection of information asked for in the question to prepare a reply.
A Short Notice Question which is of wide public importance is first referred to the Ministry concerned if necessary for furnishing factual information in the matter and also for indicating whether the Minister concerned accepts the short notice and, if so, what date will be convenient to him to answer the question. If the Minister accepts the short notice and the matter sought to be raised is considered by the Speaker, urgent, the Short Notice Question is admitted and printed in a separate list on the light pink paper in order to distinguish from lists of ordinary questions. The Short Notice Question is taken up after the Question Hour.
Allotment of Days for Questions
Immediately on the fixation of the dates of sittings of a session of Lok Sabha, allotment is made of the days available for the answering of questions relating to the various Ministries of Government of India. For this purpose the various Ministries are divided into five Groups and fixed days are allotted to groups of Ministries during the week. There is no Question Hour on Saturday, if a sitting is fixed for that day. Separate lists are prepared for starred and unstarred questions which have been admitted. Admitted questions are entered in the List of Questions for the day for oral or written answers as the case may be, in the order of priority obtained in ballot with the orders of the Speaker. Not more than five questions are admitted in the name of a member for each sitting of which not more than one is put down for oral answer. While compiling the list of unstarred questions, care is taken to see that one question of each member is included in the list of questions of that date. The remaining unstarred questions are thereafter put in the list according to inter se priority obtained in the ballot. A serial number is allotted to each question. Normally not more than twenty questions are placed on the list of questions for oral answers and not more than two hundred and thirty questions are placed on the list of questions for written answers on any one day. The Ministries are supplied with the lists of finally admitted questions at least 5 days before the date fixed for asking the questions.
Mode of Asking Questions
The member whose question has been admitted and which is included in the list of questions for oral answers for a particular day, rises in his/her seat when the turn of his/her question comes and asks his/her question by reading out its number on the list of questions. The Minister concerned answers the question. Thereafter the member who had asked the question can ask only two supplementary questions. After him/her the second member whose name is clubbed on the question is allowed to ask one supplementary question. Thereafter, the Speaker allows one supplementary each to members who are able to catch his eye. The number of such members depends on the importance of the question. Then the next question is taken up. The replies to questions not reached for oral answer during the Question Hour are deemed to have been laid on the Table of Lok Sabha.
At the end of the Question Hour, i.e. after the questions for oral answer have been answered, Short Notice Question, if any, for that day is taken up and disposed of in the same way as the questions for oral answers.
Half-an-Hour Discussion
Where answer to a question whether Starred or Unstarred needs elucidation on a matter of fact, any member can table a notice for raising Half-an-Hour Discussion thereon. If the notice is admitted and gets priority in ballot such a discussion may be allowed by the Speaker. Normally, such discussions are held on three days in a week, viz., Monday, Wednesday and Friday except in Budget Session when such discussion is normally not held till the financial business is completed. The discussion is usually held from 17.30 to 18.00 hrs. During the discussion, the member who has given notice makes a short statement and not more than four other members, who have given advance notice before 11.00 hours on the day on which discussion is to be held are permitted to ask a question each for further elucidating any matter of fact. Thereafter, the Minister concerned replies.







AMENITIES FOR MEMBERS OF PARLIAMENT
After election to Parliament, the members become entitled to certain amenities. These amenities are provided to members with a view to enable them to function effectively as Members of Parliament.
Broadly speaking, the amenities provided to the members relate to salaries and allowances, travelling facilities, medical facilities, accommodation, telephones, etc. These are governed by the Salary, Allowances and Pension of Members of Parliament Act, 1954 and the rules made thereunder.
Salary and Daily Allowance
With the commencement of Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2001, the amount of salary has been increased from rupees four thousand to rupees twelve thousand per mensem for a period of five years w.e.f. 14 September 2001. Similarly, the amount of daily allowance has been increased from rupees four hundred to rupees five hundred for each day of residence on duty at a place where a session of a House of Parliament or a sitting of a Committee thereof is held. After the expiry of the period of five years, the above amount may be determined by the Government by introducing an amendment in the above provision.
Provided that no member shall be entitled to the aforesaid allowance unless he signs the register, maintained for this purpose by the Secretariat of the House of the People or, as the case may be, Council of States on all the days (except intervening holidays for which no such signing is required) of the session of the House for which the allowance is claimed.
A member is also entitled to daily allowance for a period of such residence, not exceeding three days immediately preceding or succeeding the session of the House and not exceeding two days preceding or succeeding the sitting of a Committee, or for the purpose of attending to any other business connected with his/her duties as a Member of Parliament.
Constituency Allowance
A member is entitled to receive the constituency allowance at the rate of rupees ten thousand per mensem.
Office Expense Allowance
Every member is entitled to office expense allowance @ Rs. 14,000 per month out of which Rs. 3,000 is for meeting expenses on stationery items etc.; Rs. 1000 for franking the letters; and Rs. 10,000 is paid by the Lok Sabha/Rajya Sabha Secretariats direct to the person(s) as may be engaged by a member for obtaining secretarial assistance.
Travelling Allowance/Travel Facilities
A member is entitled to the following travelling allowances for the journey performed by him for attending a session of the House or a sitting of a Committee or for the purpose of attending to any other business connected with his/her duties as a member from his/her usual place of residence to the place where the above-mentioned business is transacted and for return journey from such place to his/her usual place of residence:
(a) If the journey is performed by rail, an amount equal to one first class fare plus one second class fare irrespective of the class in which the member actually travels.
(b) If the journey is performed by air, an amount equal to one and one-fourth of the air fare for each such journey.
(c) If the journey or any part thereof cannot be performed by rail or air—
(i) Where the journey or any part thereof is performed by steamer an amount equal to one and three-fifths of the fare (without diet) for the highest class in the steamer.
(ii) Where the journey or any part thereof is performed by road, a road mileage at the rate of rupees eight per kilometre.
Provided that where a member performs journey by road in Delhi from and to an aerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for each such journey.
A member is entitled to receive road mileage for the journey performed by road between the places not connected with the superfast/express/mail train. However, the members belonging to north-eastern States are entitled to road mileage from the usual place of residence to the nearest airport even if the places connected by superfast/express/mail train. Similarly a member whose usual place of residence is within the radius of 300 kms. from Delhi is entitled to receive road mileage for the journey performed by road even if the place is connected with superfast/express/mail train.
For the purpose of claiming travelling allowance for attending a session of Parliament or a sitting of a Committee, members are required to travel only after the issue of Summons for attending a session or after the issue of notice of meeting for attending the meeting of a Committee. Besides, a member is also entitled to receive travelling and daily allowances in respect of a journey performed by him/ her in the course of a tour outside India, undertaken in the discharge of his/her duties as such member. If, during a session of the House or a sitting of a Committee thereof, a member absents himself/herself for less than 15 days for visiting any place in India, he/she is entitled to receive the following travelling allowance:
(a) If the journey is performed by rail, an amount equal to one first class fare of each such journey, irrespective of the class in which the member actually travels.
The travelling allowance admissible in respect of such journey is limited to the total amount of daily allowances which would have been admissible to such member for the days of absence if he/she had not so remained absent.
(b) If the journey being a journey during a sitting of a committee is performed by air, an amount equal to one fare by air for each such journey but not more than once for visiting any place in India.
When a House of Parliament is adjourned for a fixed period during Budget Session, a member is entitled to receive travelling allowance for every journey performed by air for visiting any place in India during interval not exceeding seven days between two sittings of a Departmentally Related Standing Committee. But the total amount of travelling allowance, excluding air fare, is restricted to the amount of daily allowance which would have been admissible to him for the days of absence if he had not remained absent.
Every member has been given the facility of 32 air journeys during a year to be availed of during session/inter-session period with the spouse or any number of companions or relatives. The spouse/companion of a member may travel alone by air eight time to meet the member out of the 32 air journeys available to a member in a year. The newly elected member may also avail of the journey before the publication of Notification by Election Commission. Any journey performed by the spouse, companions or relatives shall be added in computing the limit of 32 air journeys. Further, the balance of unused air journeys shall be carried over to the following year. A member who performs air journey out of 32 air journeys to his usual place of residence or any place situated within his constituency during session period would be entitled to claim to and fro TA by air upto the airport nearest thereto and also TA for rail/road journeys, if any, beyond the airport. A member performing a journey by air out of 32 air journeys to any place other than the usual place of residence or any place situated within his constituency during session period would be entitled to only to and fro TA by air only upto the farthest point travelled by the direct route and also TA for the road mileage at Delhi and at the city of the said farthest point travelled by air, from and to airport to city at both places. A member performing a journey by air out of 32 air journeys during inter-session period for visiting any place in India would be entitled to only to and fro TA by air only upto the farthest point travelled by the direct route and also TA for the road mileage at Delhi and the city of the said farthest point travelled by air, from and to airport to city at both places. Every member who has his ordinary place of residence in the Ladakh area of the State of Jammu & Kashmir is entitled to an amount equal to the fare by air for each single journey by air performed by him from any airport in Ladakh to the airport in Delhi and back at any time. In addition to the air travel provided to a member, he is also entitled to an amount equal to the fare by air for each single journey by air performed by the spouse, if any, of the member or one person to accompany such member from any airport in Ladakh area to the airport in Delhi and back at any time.

Rail Travel Facilities Every member is provided with—
(a) One free non-transferable first class air-conditioned or executive class of any train pass which entitled him to travel at any time by any railway in India;
(b) One free non-transferable air-conditioned two-tier railway pass for one person to accompany the member when he travels by rail; The spouse of every member is entitled to—
(a) One free non-transferable railway pass to travel in first class air conditioned or executive class in any train, and if travelled by air, an amount equal to the air fare, from the usual place of residence of a member to Delhi and back once during every session and twice in Budget Session but not exceeding 8 single journeys in a year. The spouse can travel from the usual place of residence of the member to Delhi at any time after the issue of Summons and can return back any day before the commencement of the next session.
(b) The spouse is also entitled to travel in first class air conditioned or executive class in all the trains with the Member from any place in India to any other place in India. A member having no spouse is entitled to accompany with any other person in lieu of spouse in any train in first class AC or executive class from any place in India to any other place in India in addition to the facility available to him in respect of one companion in AC-II tier. The spouse of the Member is allowed road mileage for the journey or part thereof performed by road if unaccompanied by the Member. Where during any part of a year the usual place of residence is inaccessible by rail, steamer or road, due to climatic conditions and where air service is available, a member is entitled to travel by air to and from his usual place of residence upto the nearest airport outside his constituency having rail service.
Steamer Pass
Every member representing the Union Territory of Andaman and Nicobar Islands and the Union Territory of Lakshadweep Islands is provided with one free non-transferable pass to travel in the highest class of Steamer (excluding diet charges) to and from any part of his constituency and any other part of his constituency or the nearest port in the mainland of India. Such pass is valid for the term of his/her office and on the expiration of the term, the pass is required to be surrendered to the Lok Sabha Secretariat.
Members representing these Islands can also use the pass before taking their seat in the House, to utilise the same for the purpose of attending a session of the House for taking his/her seat therein.
Where a member has not been provided with such a pass he/she will be entitled to receive an amount equal to one fare (without diet) for the highest class by steamer for any journey referred to above.
Every such member is entitled to an amount equal to the fare by air from his usual place of residence to the nearest airport in the mainland of India and back.
Companion or spouse of the member representing the Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep is entitled to travel by the highest class (without diet) by steamer between the Island and mainland of India on the authority of the steamer pass issued to the spouse or companion of the member accompanying the member.
Every member is entitled to an amount equal to the fare by air, for the spouse, if any, of the member, or for one person to accompany him/her from the usual place of residence in the Island to the nearest airport of the mainland of India and back.
Accommodation
In order to meet adequately the needs of members for residential accommodation a separate pool of residences for members has been established and allotment of residences to members from this pool is made by the Accommodation Sub-Committee of the House Committee, Lok Sabha. Arrangements for accommodation are made according to the criteria laid down by the House Committee.
Each member is entitled to a licence-fee free flat or hostel accommodation throughout his term of office. Where a member is allotted a housing accommodation in the form of a bungalow at his request, he shall pay full normal licence fee, if he is entitled to such accommodation.
Every member is entitled without payment of charges to the supply of water upto 4000 kl per annum and electricity upto 50,000 units (25,000 units measures on light meter and 25,000 units on power meter or pooled together) per annum beginning from 1st of January every year in respect of residence allotted to him in Delhi. The above facilities are extended to a member residing in a private accommodation in Delhi.
Other facilities enjoyed by members include washing of sofa covers and curtains every three months; furniture within the monetary ceiling of Rs. 24,000 in respect of durable furniture and Rs. 6,000 for non-durable furniture; and also 25 per cent remission in the rents on account of any improvement or addition made to it or any additional service provided thereto by way of furniture, electrical equipment and other services.
Telephone Facilities
No charges shall be payable by a member in respect of the installation and rental of one telephone installed either at his residence or at his office in Delhi or New Delhi, and no member shall be liable to make any payment in respect of the first 50,000 local calls made from the telephone during any year. However, Chairmen of Parliamentary Committees are exempted from payment of any charges for local calls made from the telephone installed at their residences in Delhi/New Delhi.
In addition to above, no charges shall be payable by a member in respect of the installation and rental of one telephone installed either at his usual place of residence, or a place selected by him being a place— (i) situated within the State which he represents, or within the State in which he resides in the case of member of the Council of States other than a member nominated to that House; (ii) situated within the State in which his constituency is or within the State in which he resides in the case of a member of the House of the People, other than a member nominated to that House; and (iii) approved by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be, in the case of nominated members.
No member shall be liable to make any payment in respect of the first 50,000 local calls made from that telephone during any year:
Provided that the place selected by the member or approved by the Chairman or the Speaker, as the case may be, shall be within the area of operation of an existing telephone exchange.
Every member is also entitled to one additional telephone either at his residence in Delhi/New Delhi or at his usual place of residence or at the place selected by him within the State in which his constituency is or in the State in which he resides and 50,000 free local calls during a year for Internet connectivity purposes.
The trunk call bills of the members may be adjusted within the monetary equivalent of the ceiling of one lakh fifty thousand local calls per annum as aforesaid.
In addition, 20,000 additional calls are also allowed to the members whose constituencies are 1000 km. away from Delhi.
Further, every member is entitled to one mobile phone of MTNL, New Delhi with the adjustment of calls from the existing 1,50,000 local calls available to them for 3 telephones.
Excess telephone calls made over and above the pooled total of one lakh fifty thousand free local calls per annum in respect of the three telephones installed under sub-rule (1), sub-rule (3) and sub-rule (5) of Rule 4 of the Housing and Telephone Facilities (Members of Parliament) Rules, 1956 are adjusted against the one lakh fifty thousand free local calls allowed on the three telephones for the next year.
Medical facilities Under the Central Government Health Scheme as extended to members, a member and his/her family are entitled to free medical treatment on a monthly contribution of Rs. 150. Dispensaries for providing treatment mainly to members exist in the North Avenue, South Avenue, Telegraph Lane, Pandara Road, Dr. Zakir Hussain Road, Constitution Club and First Aid Post in V.P. House. A First Aid Post in Parliament House and a Medical Centre in Parliament House Annexe are also functioning for rendering medical aid to members in cases of emergency or sudden illness.
Advance for the purchase of conveyance A member is entitled to an advance not exceeding rupees one lakh or the actual price of the conveyance intended to be purchased, whichever is less. However, no advance is dmissible when a conveyance has already been purchased and paid for in full.
Provided further that where such payment has been made in part, the amount of advance shall be limited to the balance to be paid as certified by the member. Advance granted together with interest thereon is recoverable from the salary bill of the member concerned in not more than sixty equal monthly installments, which shall not extend beyond the ensure of his membership.
Facilities to Members of pre-maturely dissolved Lok Sabha
If a Lok Sabha is dissolved pre-maturely, the members of the dissolved Lok Sabha are entitled to consume the unutilised telephone calls, electricity units and water units from the date of dissolution of the Lok Sabha to the constitution of subsequent Lok Sabha. Further, if a member is re-elected in subsequent Lok Sabha, he is entitled to adjust the excess telephone calls, electricity/water units consumed during the intervening period from the quota for the first year of the subsequent Lok Sabha.
FACILITIES TO EX-MEMBERS OF PARLIAMENT
Pensionary Benefits
Every person who has served as a member of the Provisional Parliament or either House of Parliament for any period is entitled to a pension of rupees three thousand per mensem. Provided further that where any person has served for a period exceeding five years, he shall be paid an additional pension of rupees six hundred per mensem for every year in excess of five years. For the purpose of calculation of years for determination of additional pension, the period of nine months or more shall be treated as one complete year.
Free Rail Travel Facility
Under Section 8AA of the MSA Act, an ex-member of Parliament is entitled to travel in any train in AC-II tier class alongwith a companion in AC-I class, if travels done, on the strength of ex-MP Identity Card issued to him by Lok Sabha Secretariat.
Medical Facilities
CGH Scheme is applicable to ex-members of Parliament residing in cities covered by CGH Scheme on payment of contribution at the same rate as they were paying as Members of Parliament. This facility is obtained by an ex- MP direct from Director-General (CGHS), Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi.
Family Pension to Spouse
In case a member dies during his term of office, his spouse/dependent is entitled to a pension of rupees one thousand and five hundred per mensem for a period of five years from the date of death of such member.






PARLIAMENTARY COMMITTEES
The work done by the Parliament in modern times is not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and other matters that come up before it. A good deal of its business is, therefore, transacted by what are called the Parliamentary Committees.
Ad hoc and Standing Committees
Parliamentary Committees are of two kinds: Ad hoc Committees and the Standing Committees. Ad hoc 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. Others like the Railway Convention Committee, the Committees on the Draft Five Year Plans and the Hindi Equivalents Committee were appointed for specific purposes. Apart from the Ad hoc Committees, each House of Parliament has Standing Committees like the Business Advisory Committee, the Committee on Petitions, the Committee of Privileges and the Rules Committee, etc.
Other Committees
Of special importance is yet another class of Committees which act as Parliament’s ‘Watch Dogs’ over the executive. These are the Committees on Subordinate Legislation, the Committee on Government Assurances, the Committee on Estimates, the Committee on Public Accounts and the Committee on Public Undertakings and Departmentally Related Standing Committees (DRSCs). The Committee on Estimates, the Committee on Public Accounts, the Committee on Public Undertakings and DRSCs play an important role in exercising a check over governmental expenditure and Policy formulation.
COMPOSITION AND FUNCTIONS OF THE COMMITTEES
Select and Joint Committees
When a Bill comes up before a House for general discussion,it is open to that House to refer it to a Select Committee of the House or a Joint Committee of the two Houses. A motion has to be moved and adopted to this effect in the House in which the Bill comes up for consideration. In case the motion adopted is for reference of the Bill to a Joint Committee, the decision is conveyed to the other House requesting them to nominate members of the other House to serve on the Committee. The Select or Joint Committee considers the Bill clause by clause just as the two Houses do. Amendments can be moved to various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the Bill. After the Bill has thus been considered the Committee submits its report to the House. Members who do not agree with the majority report may append their minutes of dissent to the report.
Committee on Estimates
This Committee consists of 30 members who are elected by the Lok Sabha every year from amongst its members. A Minister is not eligible for election to this Committee. The term of the Committee is one year. The main function of the Committee on Estimates is to report what economies, improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates may be effected and to suggest alternative policies in order to bring about efficiency and economy in administration. From time to time the Committee selects such of the estimates pertaining to a Ministry or a group of Ministries or the statutory and other Government bodies as may seem fit to the Committee. The Committee also examines matters of special interest which may arise or come to light in the course of its work or which are specifically referred to it by the House or the Speaker.
Committee on Public Undertakings
The Committee on Public Undertakings consists of 15 members elected by the Lok Sabha and 7 members of Rajya Sabha are associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year.
The functions of the Committee on Public Undertakings are—(a) to examine the reports and accounts of Public Undertakings; (b) to examine the reports, if any, of the Comptroller and Auditor General on the Public Undertakings; (c) to examine in the context of the autonomy and efficiency of the Public Undertakings whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices; and (d) such other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered by clauses (a), (b) and (c) above and as may be allotted to the Committee by the Speaker from time to time. The Committee does not, however, examine matters of major Government policy and matters of day-to-day administration of the Undertakings.
Committee on Public Accounts
This Committee consists of 15 members elected by the Lok Sabha and 7 members of the Rajya Sabha are associated with it. A Minister is not eligible for election to this Committee. The term of the Committee is one year.
The main duty of the Committee is to ascertain whether the money granted by Parliament has been spent by Government "within the scope of the Demand". The Appropriation Accounts of the Government of India and the Audit Reports presented by the Comptroller and Auditor General mainly form the basis for the examination of the Committee. Cases involving losses, nugatory expenditure and financial irregularities come in for severe criticism by the Committee. The Committee is not concerned with questions of policy. It is concerned only with the execution of the policy laid down by Parliament and its results.
Business Advisory Committee (Lok Sabha)
The Business Advisory Committee of Lok Sabha consists of 15 members including the Speaker who is the ex-officio Chairman. The members are nominated by the Speaker. Almost all sections of the House are represented on the Committee as per the respective strength of parties in the House. The function of the Committee is to recommend the time that should be allotted for the discussion of such Government legislative and other business as the Speaker, in consultation with the Leader of the House, may direct to be referred to the Committee. The Committee, on its own initiative, may also recommend to the Government to bring forward particular subjects for discussion in the House and recommend allocation of time for such discussions. The decisions reached by the Committee are always unanimous in character and representative of the collective view of the House. The Committee generally meets at the beginning of each Session and thereafter as and when necessary.
Committee on Private Members’ Bills and Resolutions (Lok Sabha)
This Committee consists of 15 members and the Deputy Speaker is its Chairman when nominated as a member of he Committee. The Committee is nominated by the Speaker. The functions of the Committee are to allot time to Private Members’ Bills and Resolutions, to examine Private Members’ Bills seeking to amend the Constitution before their introduction in Lok Sabha, to examine all Private Members’ Bills after they are introduced and before they are taken up for consideration in the House and to classify them according to their nature, urgency and importance into two categories namely, category A and category B and also to examine such Private Members’ Bills where the legislative competence of the House is challenged. The Committee, thus, performs the same function in relation to Private Members’ Bills and Resolutions as the Business Advisory Committee does in regard to Government Business. The Committee holds office for a term not exceeding one year.
Rules Committee (Lok Sabha)
The Rules Committee consists of 15 members including the Speaker who is the ex-officio Chairman of the Committee. The members are nominated by the Speaker. The Committee considers matters of procedure and conduct of business in the House and recommends any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary.
Committee of Privileges (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. The function is to examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House or by the Speaker. It determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report.
Committee on Papers Laid on the Table (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. Its function is to examine all papers laid on the Table of the House by Ministers (other than those which fall within the purview of the Committee on Subordinate Legislation or any other Parliamentary Committee) 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 reasons for delay has been laid on the Table of the House and whether those reasons are satisfactory, (d) whether both the Hindi and English versions of the paper have been laid on the Table, (e) whether a statement explaining the reasons for not laying the Hindi version has been given and whether such reasons are satisfactory, (f) such other functions in respect of the papers laid on the Table as may be assigned to it by the Speaker from time to time.
Committee on Petitions (Lok Sabha)
The Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. The function of the Committee is to consider and report on petitions presented to the House. Besides, it also considers representations from individuals and associations, etc. on subjects which are not covered by the rules relating to petitions and gives directions for their disposal.
Committee on Subordinate Legislation (Lok Sabha)
The Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. The Committee scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the Constitution or delegated by Parliament are being properly exercised by the executive within the scope of such delegation.
Committee on Government Assurances (Lok Sabha)
This Committee consists of 15 members nominated by the Speaker. A Minister is not nominated to this Committee. While replying to questions in the House or during discussions on Bills, Resolutions, Motions etc., Ministers at times give assurances or undertakings either to consider a matter or to take action or to furnish the House further information later. The functions of this Committee are to scrutinize the assurances, promises, undertakings etc. given by Ministers from time to time and to report to Lok Sabha on the extent to which such assurances etc. have been implemented and to see whether such implementation has taken place within the minimum time necessary for the purpose.
Committee on Absence of Members from the Sittings of the House (Lok Sabha)
The Committee consists of 15 members who hold office for one year. The members are nominated by the Speaker. This Committee considers all applications from members for leave of absence from the sittings of the House and examines every case where a member has been absent for a period of 60 days or more, without permission, from the sittings of the House. In its report it makes recommendations with respect to each case as to whether the absence should be condoned or leave applied granted or whether the circumstances of the case justify that the House should declare the seat of the member vacant.
Joint Committee on Offices of Profit
This Committee consists of 15 members. Ten members are elected from Lok Sabha and five from Rajya Sabha. The Committee is constituted for the duration of each Lok Sabha.
The main functions of the Committee are to examine the composition and character of the Committees appointed by the Central and State Governments and to recommend what offices should disqualify and what offices should not disqualify a person for being chosen as, and for being, a member of either House of Parliament under article 102 of the Constitution.
Committee on the Welfare of Scheduled Castes and Scheduled Tribes
The Committee on the Welfare of Scheduled Castes and Scheduled Tribes consists of 20 members elected by the Lok Sabha and 10 members of Rajya Sabha are associated with it. The term of the Committee is one year. A Minister is not eligible for election to this Committee. The main functions of the Committee are to consider all matters concerning the welfare of the Scheduled Castes and Scheduled Tribes, falling within the purview of the Union Government and the Union Territories, to consider the reports submitted by the National Commission for Scheduled Castes and Scheduled Tribes and to examine the measures taken by the Union Government to secure due representation of the Scheduled Castes and Scheduled Tribes in services and posts under its control.
Railway Convention Committee
The Railway Convention Committee is an ad-hoc Committee. It consists of 18 members. Out of these, 12 members are from Lok Sabha nominated by the Speaker and 6 members are from Rajya Sabha nominated by the Chairman. By convention the Minister of Finance and the Minister of Railways are members of the Committee. Besides this, Ministers of State in the Ministry of Finance and Ministry of Railways respectively are also its members.
The main function of the Committee is to review the Rate of Dividend payable by the Railways undertaking to General Revenues as well as other ancillary matters in connection with the Railway Finance vis-a-vis the General Finance and make recommendations thereon. The Railway Convention Committee, 1949 was the first Committee after independence. This Committee and subsequent Committees confined themselves to determining the rate of dividend payable by Railways to General Revenues. Since 1971 the Railway Convention Committees have been taking up subjects for examination and report which have a bearing on the working of Railways.
Committee on Empowerment of Women
This Committee came into being on 29th April, 1997, as a consequence of identical Resolutions adopted by both the Houses of Parliament on the occasion of International Womens’ Day on 8th March, 1996. The Committee consists of 30 members, 20 nominated by the Speaker from amongst the members of Lok Sabha and 10 nominated by the Chairman, Rajya Sabha from amongst the members of the Rajya Sabha. The term of the Committee is of one year. The Committee have been primarily mandated with the task of reviewing and monitoring the measures taken by the Union Government in the direction of securing for women equality, status and dignity in all matters. The Committee would also suggest necessary correctives for improving the status/condition of women in respect of matters within the purview of the Union Government. Besides, another important function of the Committee is to examine the measures taken by the Union Government for comprehensive education and adequate representation of women in Legislative bodies/services and other fields. The Committee would also consider the report of the National Commission for Women. The Committee may also examine such other matters as may seem fit to them or are specifically referred to them by the Lok Sabha or the Speaker and the Rajya Sabha or the Chairman, Rajya Sabha.
Departmentally Related Standing Committees
A full-fledged system of 17 Departmentally Related Standing Committees came into being in April, 1993. These Committees cover under their jurisdiction all the Ministries/ Departments of the Government of India. These Committees are as under :
Name of the Committee
1. Committee on Commerce
2. Committee on Home Affairs
3. Committee on Human Resource Development
4. Committee on Industry
5. Committee on Science & Technology,
Environment & Forests
6. Committee on Transport, Culture and Tourism
7. Committee on Agriculture
8. Committee on Information Technology
9. Committee on Defence
10. Committee on Energy
11. Committee on External Affairs
12. Committee on Finance
13. Committee on Food, Civil Supplies and
Public Distribution
14. Committee on Labour and Welfare
15. Committee on Petroleum & Chemicals
16. Committee on Railways
17. Committee on Urban and Rural Development
Out of the 17 Committees, 6 Committees (Sl. No. 1 to 6) are serviced by the Rajya Sabha Secretariat and 11 Committees (Sl. No. 7 to 17) by the Lok Sabha Secretariat.
Each of these Standing Committees consists of not more than 45 members—30 to be nominated by the Speaker from amongst the members of Lok Sabha and 15 to be nominated by the Chairman, Rajya Sabha from amongst the members of Rajya Sabha. A Minister is not eligible to be nominated to these Committees.
The term of members of these Committees is one year. With reference to the Ministries/Departments under their purview, the functions of these committees are:
(a) Consideration of Demands for Grants.
(b) Examination of Bills referred to by the Chairman, Rajya Sabha or the Speaker, Lok Sabha as the case may be.
(c) Consideration of Annual Reports.
(d) Consideration of national basic long term policy documents presented to the House and referred to the Committee by the Chairman, Rajya Sabha or the Speaker, Lok Sabha, as the case may be. These Committees do not consider matters of day-to-day administration of the concerned Ministries/Departments.
The newly constituted departmentally related Standing Committee System is a path-breaking endeavour of the Parliamentary surveillance over administration. With the emphasis of their functioning to concentrate on long-term plans, policies and the philosophies guiding the working of the Executive, these Committees will be in a very privileged position to provide necessary direction, guidance and inputs for broad policy formulations and in achievement of the long-term national perspective by the Executive.






ESTIMATES COMMITTEE

Constitution
The Estimates Committee, constituted for the first time in 1950, is a Parliamentary Committee consisting of 30 Members, elected every year by the Lok Sabha from amongst its Members. The Chairman of the Committee is appointed by the Speaker from amongst its members. A Minister cannot be elected as a member of the Committee and if a member after his election to the Committee, is appointed a Minister, he ceases to be a member of the Committee from the date of such appointment. [For composition of the Committee 2003-2004 see pages 3-4]. Names of all previous Chairmen of Estimates Committee are given on pages 4-5.
Term of Office
The term of office of the Committee is one year.
Functions
The functions of the Estimates Committee are:
(a) to report what economies, improvements in organisation, efficiency or administrative reform, consistent with the policy underlying the estimates may be effected;
(b) to suggest alternative policies in order to bring about efficiency and economy in administration;
(c) to examine whether the money is well laid out within the limits of the policy implied in the estimates; and
(d) to suggest the form in which the estimates shall be presented to Parliament.
The Committee does not exercise its functions in relation to such Public Undertakings as are allotted to the Committee on Public Undertakings by the Rules of Procedure of Lok Sabha or by the Speaker. A list of subjects selected by the Committee for examination during 2003-2004 is given on pages 5-7. The Committee have also decided to finalise draft reports on the subjects on which evidence have been concluded by the previous Committee indicated on page 7.
Working
Soon after it is constituted, the Committee selects such of the estimates pertaining to a Ministry/Department of the Central Government or such of the statutory and other bodies of the Central Government as may seem fit to the Committee. The Committee also examines matters of special interest which may arise or come to light in the course of its work or which are specifically referred to it by the House or the Speaker.
The Committee calls for preliminary material from the Ministry/Department, statutory and other Government bodies in regard to the subjects selected for examination and also memoranda from non-officials connected with the subjects for the use of the Members of the Committee.
The Committee, from time to time, appoints one or more Sub-Committees/Study Groups for carrying out detailed examination of various subjects. If it appears to the Committee that it is necessary for the purpose of its examination that an on-the-spot study should be made, the Committee may, with the approval of the Speaker decide to undertake tours to make a study of any particular matter, project or establishment, either as a whole Committee or by dividing itself into Study Groups. Notes relating to the institutions/offices etc. to be visited are called for in advance from the concerned Ministries/Departments etc. and circulated to the Members of the Committee/Sub- Committee/Study Group.
The Members while on tour may also meet the representatives of chambers of commerce and other nonofficial trade organisations and bodies which are concerned with the subjects under examination of the Committee, for an informal discussion.
When the Committee/Sub-Committee/Study Group is on study tour only informal sittings are held at the place of visit. At such sitting neither evidence is recorded nor any decisions are taken. All discussions held by the Committee with the representatives of the Ministries/ Departments, nonofficial organisations, etc. are treated as confidential and no one having access to the discussions directly or indirectly, should communicate to the Press or any unauthorised person any information about matters taken up during the discussions.
Later in the light of informal discussions during Study Tours, memoranda received from non-officials and information collected from the Ministry/Department concerned and other sources, non-official and official witnesses are invited to give evidence at formal sittings of the Estimates Committee held in Parliament House/Parliament House Annexe, New Delhi.
The observations/recommendations of the Committee are embodied in its Reports which are presented to Lok Sabha. After a Report has been presented to the House the Ministry or Department concerned is required to take action on the recommendations and conclusions contained in the Report within a period of six months. The replies of the Government are examined by the Committee and an Action Taken Report is presented to the House. The replies to the recommendations contained in the Action Taken Reports are laid on the Table of Lok Sabha in the form of Statements.
Achievements
Since its inception in April, 1950, the Committee has presented 922 Reports covering almost all the Ministries/ Departments of the Government of India. Out of these 480 are the Original Reports and 442 are Reports on Action Taken by the Government on earlier








COMMITTEE ON EMPOWERMENT OF WOMEN

On the occasion of International Women’s Day on 8th March, 1996, two identical resolutions for constituting a Standing Committee of both the Houses for improving the status of women were moved in the Rajya Sabha and the Lok Sabha respectively.
In pursuance of the aforesaid resolution, the matter was considered by the Rules Committee (Eleventh Lok Sabha). The Rules Committee in their Second Report laid on the Table of the House on 6th March, 1997 recommended that a Committee for the purpose may be constituted. Accordingly, the Committee on Empowerment of Women was constituted on 29th April, 1997. The Committee consists of 30 Members of whom 20 are nominated by the Speaker from amongst the Members of Lok Sabha and 10 are 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 its Members. A Minister cannot be nominated a Member of the Committee and if a Member after his nomination to the Committee is appointed a Minister, he ceases to be a Member of the Committee from the date of such appointment.
Term of Office
The term of the Committee does not exceed one year.
Functions
The functions of the Committee on Empowerment of Women are :
1. To consider the reports submitted by the National Commission for Women and to report on the measures that should be taken by the Union Government for improving the status/conditions of women in respect of matters within the purview of the Union Government including the Administration of the Union Territories;
2. To examine the measures taken by the Union Government to secure for women equality, status and dignity in all matters;
3. To examine the measures taken by the Union Government for comprehensive education and adequate representation of women in Legislative bodies/services and other fields;
4. To report on the working of the welfare programmes for the women;
5. To report on the action taken by the Union Government and Administration of the Union Territories on the measures proposed by the Committee; and
6. To examine such other matters as may seem fit to the Committee or are specifically referred to it by the Lok Sabha or the Speaker and the Rajya Sabha or the Chairman, Rajya Sabha.
Working
During the Thirteenth Lok Sabha, the Committee had selected the following subjects relating to the women issues for detailed examination and report:—
(i) Functioning of National and State Commissions for Women
(ii) Women in Detention
(iii) Health and Family Welfare Programmes for Women
(iv) Functioning of Family Courts
(v) Education Programmes for Women
(vi) Training Programmes for Women
(vii) Training and Empowerment of Women in Local Bodies
(viii) Violence against Women during Riots
(ix) Economic Empowerment of Women
Based on preliminary materials, tour impressions and oral evidence, the Commitee finalised and presented the following Nine Original Reports to the Parliament.
Original Reports
1. Second Report on ‘Functioning of National and State Commissions for Women’
2. Third Report on ‘Women in Detention’
3. Fourth Report on ‘Health and Family Welfare Programmes for Women’
4. Fifth Report on ‘Functioning of Family Courts’
5. Sixth Report on ‘Education Programmes for Women’
6. Seventh Report on ‘Training Programmes for Women’
7. Eighth Report on ‘Training and Empowerment of Women in Local Bodies.’
8. Ninth Report on ‘Violence against Women during Riots’
9. Eighteenth Report on ‘Functioning of Self Help Groups for Economic Empowerment of Women’.Based on the action taken replies furnished by the concerned Ministries/Departments on the recommendations contained in their Original Reports, the Committee finalised the Nine Action Taken Reports on the following subjects :—
Action Taken Reports
1. First Report of the Committee on Action Taken by the government on the Report on the subject ‘Development Schemes for Rural Women’
2. Tenth Report of the Committee on Action Taken by the government on the Second Report on the subject 'Functioning of National and State Commissions for Women’
3. Eleventh Report of the Committee on Action Taken by the government on the Third Report on the subject ‘Women in Detention’
4. Twelfth Report of the Committee on Action Taken by the government on the Fifth Report on the subject ‘Functioning of Family Courts’
5. Thirteenth Report of the Committee on Action Taken by the government on the Fourth Report on the subject ‘Health and Family Welfare Programmes for Women’
6. Fourteenth Report of the Committee on Action Taken by the government on the Sixth Report on the subject ‘Education Programmes for Women’
7. Fifteenth Report of the Committee on Action Taken by the government on the Seventh Report on the subject ‘Training Programmes for Women’
8. Sixteenth Report of the Committee on Action Taken by the government on the Eighth Report on the subject ‘Training and Empowerment of Women in Local Bodies’
9. Seventeenth Report of the Committee on Action Taken by the government on the Ninth Report on the subject ‘Violence against Women during Riots’



SC/ST COMMITTEE




When the Committee or its Study Group is on study tour,only informal discussions are held at the ces of visit.During such discussions no formal evidence is recorded
nor any decision taken. Later, in the light of these informaldiscussions and the memoranda and other informationreceived, official and, where considered necessary,
non-official witnesses are invited to tender evidence at formalsittings of the Committee held in Parliament House or Parliament House Annexe, New Delhi.
The procedure for examination of the official/non-official witnesses, as laid down by the Committee, is as follows:—
(i) The programme for taking the evidence of the officials and non-officials on various subjects under examination by the Committee is drawn up and the witnesses are invited to appear before the Committee on the appointed dates to tender evidence. As a rule,
examination of non-officials precedes that of the officials on the subjects concerned.
(ii) The purpose in examining the witnesses is to obtain information on (a) the working of the organisations, and (b) subjects concerned which are examined by
the Committee. If it is necessary to enquire into certain deals regarding the personnel employed by the Ministry, Public Undertaking/Nationalised Bank, Statutory or vernment organisation concerned, the questions should not, as far as possible, name particular individuals. (iii) In the case of the Official witnesses generally the Secretary of the Ministry is the principal spokesman. The Chairman or the Convener first welcomes the
principal spokesman and then asks him to introduce his colleagues to the Committee.
(iv) The Chairman or the Convener then asks questions one by one.
(v) After the Chairman or the Convener has put his question, he gives a chance to other members who desire to ask questions for clarification or elucidation
of the point under discussion.
(d) to report on the working of the welfare programmes for the Scheduled Castes and Scheduled Tribes in the Union Territories; and
(e) to examine such other matters as may deem fit to the Committee or are specifically referred to it by the House or the Speaker. This Committee, like other Parliamentary Committees has all the powers to call for the detailed information from the
Ministries of the Government, Public Undertakings, Nationalised Banks and various organisations in respect of subjects taken up by the Committee for examination and to
examine official and non-official witnesses. The Committee also takes the assistance of the National Commission for Scheduled Castes and Scheduled Tribes in pursuing matters raised in its Reports in regard to the subjects under examination by the Committee.
Procedure of Work of the Committee
From time to time the Committee selects such subjects pertaining to the welfare of Scheduled Castes and Scheduled Tribes as may deem fit to the Committee. The Committee may also examine matters of special interest relating to the welfare of Scheduled Castes and Scheduled Tribes which may arise, or come to light in the course of its working or which may be specifically referred to it by the House or by the Speaker.
The Committee ask for preliminary material from the Ministry/ Department/Public Undertaking/ Nationalised Bank or other Statutory or Government Body connected with the subject matter under examination for use of the Members of the Committee.
The Committee may, from time to time, appoint one or more Sub-Committees/Study Groups for carrying out detailed examination of various subjects. If it appears to the Committee that it is necessary for the purpose of its examination that an “on-the-spot,” study should be made, the Committee divides itself into Study Groups consisting of a few members to undertake tours to make a study of the problems of the Scheduled Castes and Scheduled Tribes and the measures taken or being taken for the welfare of Scheduled Castes and Scheduled Tribes, and prepare Study Reports.
COMMITTEE ON THE WELFARE OF SCHEDULED CASTES AND SCHEDULED TRIBES Constitution and Functions
The Committee on the Welfare of Scheduled Castes and Scheduled Tribes consists of 30 Members—20 elected by Lok Sabha from amongst its Members in accordance with
the System of proportional representation by means of single transferable vote and 10 nominated by Rajya Sabha from amongst its Members. The Chairman of the Committee
is appointed by the Speaker from amongst the Members of the Committee. A Minister is not eligible for election to the Committee. If a Member after his election to the Committee is appointed a Minister he ceases to be a Member of the Committee from the date of such appointment. The term of the Committee does not exceed one year. The functions of the Committee on the Welfare of Scheduled Castes and Scheduled Tribes are:
(a) to consider the reports submitted by the *[National Commission for Scheduled stes and Scheduled Tribes under article 338(5) of the Constitution] and to report as to the measures that should be taken by the Union Government in respect of matters within the
purview of the Union Government including the Administration of the Union Territories;
(b) to report on the action taken by the Union Government and the Administration of the Union Territories on the measures proposed by the Committee; (c) to examine the measures taken by the Union Government to secure due representation of the cheduled Castes and Scheduled Tribes in services and posts under its control (including pointments in the Public Sector Undertakings, Nationalised Banks, Statutory and Semi-Government Bodies and in the Union Territories) having regard to the provisions of
article 335; * Commissioner for Scheduled Castes and Scheduled Tribes substituted as
National Commission for Scheduled Castes and Scheduled Tribes in Terms
of the Constitution (Sixty-Fifth Amendment Act), 1990 which came into
force from 12.3.1992.