The intricate machinery of parliamentary governance hinges on the effective functioning of its committees, which serve as the backbone of legislative scrutiny and oversight. Recent developments have cast a shadow over this essential aspect of democratic governance. Derek O’Brien, the Rajya Sabha leader of the Trinamool Congress, has raised alarm over the delay in constituting Department-related Parliamentary Standing Committees (DPSCs). This delay, O’Brien argues, has far-reaching implications for the democratic process and legislative efficacy in India. His recent correspondence to J.P. Nadda, the leader of the House, has ignited a debate on the significance of these committees and the potential consequences of their stalling.
The Role of Department-Related Parliamentary Standing Committees
Department-related Parliamentary Standing Committees are vital to India’s parliamentary system. These committees, numbering 24 in total, are designed to provide a critical check on the executive branch by scrutinizing the functioning of various government departments and ministries. They are instrumental in reviewing legislative proposals, assessing departmental performance, and ensuring that the government adheres to legislative mandates.
The DPSCs are structured as follows: 16 committees are chaired by members of the Lok Sabha (the lower house of Parliament), while 8 are headed by members of the Rajya Sabha (the upper house). Each committee is tasked with a specific portfolio, allowing it to delve into the details of departmental operations and expenditures.
The committees’ work is crucial for several reasons:
- Legislative Scrutiny: They review bills and legislative proposals, providing detailed analysis and recommendations.
- Accountability: They hold government departments accountable for their actions and expenditures.
- Transparency: They ensure that government actions align with legislative intent and public interest.
The effectiveness of these committees directly impacts the quality of legislation and governance, making their timely formation and operation essential.
Derek O’Brien’s Concerns and Allegations
In his letter to J.P. Nadda, dated August 27, 2024, Derek O’Brien expressed grave concerns about the delay in forming the DPSCs. According to O’Brien, the process of constituting these committees has been significantly delayed, which he believes undermines the democratic process and legislative scrutiny.
O’Brien’s letter highlights several key points:
- Delay in Formation: O’Brien notes that the Rajya Sabha Secretariat had requested party nominations by July 17, prior to the Monsoon Session. The Trinamool Congress submitted its nominations on July 12, and assurances were given that the committees would be formed within the session. The delay, according to O’Brien, reflects poorly on the functioning of parliamentary processes.
- Impact on Legislative Quality: The delay has implications for the quality of legislation enacted. O’Brien argues that without the committees’ review, important bills may become law without thorough scrutiny, potentially leading to poorly crafted legislation.
- Trend of Reduced Scrutiny: O’Brien points to a broader trend where fewer bills are being referred to parliamentary committees. He cites statistics indicating a decline in the percentage of bills reviewed by committees, suggesting a weakening of legislative oversight.
Recent Trends in Legislative Scrutiny
O’Brien’s concerns are substantiated by recent trends in parliamentary functioning. Data reveals a significant reduction in the proportion of bills referred to parliamentary committees. For instance, between 2014 and 2024, only 13% of bills passed in the Rajya Sabha were reviewed by parliamentary committees. In the 17th Lok Sabha (2019-2024), this figure was slightly higher at 16%. This decline reflects a shift towards expedited legislative processes, often at the expense of detailed scrutiny.
Several key pieces of legislation have been passed without adequate committee review, raising concerns about their quality and effectiveness:
- Chief Election Commissioner and Other Election Commissioners Bill, 2023: This bill, which deals with the appointment and powers of election commissioners, was passed without thorough examination, raising questions about its implications for electoral integrity.
- Farm Bills: Controversial farm bills, which had significant implications for agricultural policy, were enacted amidst considerable debate but limited scrutiny by parliamentary committees.
- Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023: This bill, which addresses changes to the administrative structure of Jammu and Kashmir, was passed with limited review, leading to concerns about its impact on regional governance.
Impact of Reduced Working Days
The reduction in the number of working days for Parliament has exacerbated the challenges associated with legislative scrutiny. With fewer days allocated for parliamentary sessions, there is limited time available for comprehensive debate and discussion on legislative matters. This reduction impacts the ability of members to engage in detailed examination of bills and departmental performance.
The role of DPSCs becomes even more critical in this context. By providing extended periods for discussion, these committees offer a platform for in-depth analysis and stakeholder consultation. Their work ensures that complex issues are thoroughly examined, contributing to better-quality legislation and more accountable governance.
Congress Party’s Position and Negotiations
Amidst the concerns raised by O’Brien, the Congress party has been actively negotiating for control of several key committees. As the largest Opposition party in both Houses of Parliament, the Congress has asserted its demand for chairmanships of critical committees, including Finance, External Affairs, and Defence. These positions are deemed non-negotiable by the party, reflecting their strategic importance in shaping policy and oversight.
Negotiations between the Congress party and Parliamentary Affairs Minister Kiren Rijiju have been ongoing, with several rounds of meetings aimed at reaching an agreement on committee leadership. The outcome of these negotiations will significantly impact the distribution of power within parliamentary committees and their ability to perform their oversight functions effectively.
Consequences for Democratic Process
The delay in forming the DPSCs has profound implications for the democratic process. By impeding the scrutiny of legislation and reducing the time available for parliamentary debate, this delay undermines the core functions of parliamentary oversight and accountability. The effectiveness of democratic governance relies on robust mechanisms for reviewing and scrutinizing government actions, and the stalling of these committees threatens to erode this critical aspect of parliamentary democracy.
The broader trend of reduced scrutiny and diminished working days for Parliament reflects a shift towards expedited legislative processes. While efficiency in governance is important, it should not come at the expense of thorough examination and accountability. Ensuring that legislative proposals undergo rigorous review is essential for maintaining the integrity of the legislative process and upholding democratic values.
Recommendations for Addressing the Issue
To address the concerns raised by Derek O’Brien and improve the functioning of parliamentary committees, several measures can be considered:
- Expedited Formation of Committees: Ensuring timely formation of DPSCs and other parliamentary committees is crucial for maintaining effective legislative oversight. Streamlining the process for committee formation can help prevent delays and ensure that committees are operational when needed.
- Restoration of Parliamentary Working Days: Increasing the number of working days allocated for parliamentary sessions can provide more time for debate and scrutiny. This adjustment can help balance efficiency with thorough examination of legislative matters.
- Strengthening Committee Review Processes: Enhancing the review processes within DPSCs can improve the quality of legislative scrutiny. This may involve providing additional resources and support for committee work and ensuring that bills are referred for detailed examination.
Conclusion
The delay in forming Department-related Parliamentary Standing Committees represents a significant challenge to the democratic process in India. By impeding legislative scrutiny and reducing the time available for parliamentary debate, this delay undermines the effectiveness of parliamentary oversight and accountability. Derek O’Brien’s warnings highlight the urgency of addressing these issues to restore the integrity of the legislative process.
As India navigates these challenges, it is essential for all stakeholders—government, opposition, and the public—to advocate for reforms that ensure robust parliamentary scrutiny and uphold democratic values. The role of DPSCs in providing transparent and accountable governance cannot be overstated, and addressing the current delays is crucial for maintaining the principles of democracy and legislative integrity. By implementing measures to improve the functioning of parliamentary committees and enhancing legislative review processes, India can strengthen its democratic institutions and ensure that governance remains responsive and accountable to the needs of its citizens.
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
