Article:
An overview of the controversy surrounding the Delhi Services Bill’s Select Committee
In recent news, certain events surrounding the formation of a Select Committee for the controversial Delhi Services Bill has caused a stir among Members of Parliament (MPs). The controversy stemmed from the grievance of several MPs who claimed their names were included in the committee without their express consent. Despite these contentions, the Delhi Services Bill has successfully navigated its way through both houses of Parliament.
A brief explanation of Select Committees
Select Committees are a type of ad hoc or temporary committee. They are established with a clear mandate – to scrutinize and examine specific Bills. The composition of these committees is limited to MPs from one House. Once their assigned task is accomplished, these committees dissolve. Despite their temporary nature, the procedures and rules governing Select Committees are quite definitive within the Rules of Procedure of Parliament. Special committees made for a particular purpose that include MPs from both Houses are known as Joint Parliamentary Committees (JPC).
How are Select Committees formed?
The formation of a Select Committee begins with a motion proposed either by the Minister overseeing the Bill or any Parliament member. This proposal must then be presented to the House for adoption. If adopted, the Committee is created to consider and report on the referred Bill.
The process of selecting members for a Select Committee
Identified in the motion that leads to the Bill’s referral to the Committee, the members of a Select Committee must have their appointment approved by the House. An integral part of the process, consent from the proposed members, is mandatory. Rajya Sabha rules ensure that no member can be appointed to a Select Committee against their will. However, the collection of signatures from proposed members is not explicitly required by these rules.
Understanding the quorum and function of a Select Committee
Depending on its purpose, the composition of a Select Committee may vary. It operates under a quorum which constitutes one-third of its total members. In the event of a tie in votes, the chairman (or presiding person) has a casting vote.
The primary duty of a Select Committee is to perform a thorough review of the Bill and scrutinize its clauses to ascertain their alignment with the intended purpose and objectives of the legislation. Various methods, such as gathering information from expert memoranda, oral evidence, and government officials can be employed by the Committee to accomplish this. After evaluating the evidence, the Committee then draws its conclusions which could involve adjusting clauses to align them with the Bill’s intent. Sub-committees may also be formed by the Committee to address specific aspects of the Bill. These reports, inclusive of any dissenting opinions, are then presented to the House.
Final thoughts on the role and impact of Select Committees
The reports generated by the Select Committee bear a recommendatory nature. They are not binding, and the government has the discretion to either accept or reject the committee’s recommendations.
A previous question from the UPSC Civil Services Examination, which was based on the functioning of Parliamentary Committees, asked students to identify the Parliamentary Committee that scrutinizes and reports to the House whether the delegated power to formulate regulations, rules, sub-rules, by-laws, etc., conferred by the Indian Constitution or the Parliament is being properly utilized by the Executive within the scope of such delegation. The correct answer was the Committee on Subordinate Legislation (option b).