Parliamentary Committees & Constitutional Amendments
Parliamentary committees in India are vital bodies that scrutinize legislative and financial matters, ensuring accountability and efficiency. Constitutional amendments, governed by Article 368, allow the Indian Constitution to evolve, requiring specific majorities and adhering to the basic structure doctrine established by the Supreme Court. These mechanisms collectively uphold democratic governance and adaptability.
Key Takeaways
Indian Parliament uses committees for detailed legislative and financial scrutiny.
Committees are either permanent (standing) or temporary (ad hoc) for specific tasks.
Constitutional amendments require distinct majorities, ensuring careful deliberation.
The Basic Structure doctrine limits Parliament's power to amend the Constitution.
Financial committees like PAC and Estimates Committee oversee public finances.
What are Parliamentary Committees in India?
Parliamentary committees in India are indispensable bodies that significantly aid the Parliament in its multifaceted legislative, financial, and administrative oversight responsibilities. Comprising Members of Parliament, these committees meticulously examine subjects that the entire House cannot address in detail, thereby ensuring thorough scrutiny and well-informed policy-making. They are pivotal in enhancing parliamentary efficiency, promoting accountability, and providing specialized expertise across various domains. These committees are broadly classified into permanent, known as Standing Committees, and temporary, referred to as Ad Hoc Committees, each designed to fulfill distinct roles within the Indian parliamentary system.
- Types of Committees: Permanent (Standing) committees are enduring bodies, constituted periodically and cannot be scrapped, unlike Temporary (Ad Hoc) committees which are formed for specific, time-bound tasks and can be dissolved upon completion.
- Financial Committees: Key financial oversight bodies include the Public Accounts Committee (PAC), established in 1921 to examine CAG audit reports; the Estimates Committee, constituted in 1950 to scrutinize budget estimates; and the Committee on Public Undertakings (CPU), formed in 1964 to review public sector enterprises.
- Common Features of Financial Committees: Ministers are explicitly excluded from membership; they serve a one-year term; and members are elected through proportional representation using a single transferable vote, working under the Speaker or Chairman.
- Departmental Standing Committees: There are 24 such committees, each typically composed of 31 members, with 21 from Lok Sabha and 10 from Rajya Sabha, focusing on specific departmental oversight.
- Other Important Committees: Notable examples include the Committee on Private Members' Bills, chaired by the Deputy Speaker of Lok Sabha, and committees directly chaired by the Speaker such as the Business Advisory Committee, Rules Committee, and General Purpose Committee. The Official Language Committee, formed in 1976, also plays a significant role.
How are Constitutional Amendments made in India?
Constitutional amendments in India are governed by a well-defined procedure outlined in Article 368 of Part XX, allowing the nation's foundational law to adapt to changing societal needs while maintaining its core principles. This process ensures that modifications are not undertaken lightly, requiring specific majorities in Parliament. A landmark development was the Supreme Court's 1973 Keshavananda Bharti case, which introduced the "Basic Structure" doctrine. This doctrine, though not explicitly stated in the Constitution, asserts that Parliament cannot amend the fundamental features of the Constitution, acting as a vital judicial check on legislative power and preserving the democratic and secular essence of the republic.
- Constitutional Framework: Amendments are covered under Part XX, Article 368; the Keshavananda Bharti Case (1973) established the Basic Structure doctrine, which limits Parliament's power to amend fundamental constitutional features.
- Amendment Procedure: An amendment bill can be introduced in either the Lok Sabha or Rajya Sabha by a minister or a private member, without requiring prior permission from the President, and cannot be introduced in State Legislatures.
- Passing Process: Requires passage by a special majority in both Houses; there is no provision for a joint sitting to resolve disagreements; and the President must give assent, having no veto power over constitutional amendment bills, a provision introduced by the 24th Amendment in 1971.
- Types of Amendments: Include those passed by Simple Majority (e.g., formation of new states like Telangana), Special Majority (e.g., removal of CAG or CEC), and Special Majority plus State Ratification (for provisions affecting the federal structure).
- What Requires Special Majority: Amendments related to Fundamental Rights, Directive Principles of State Policy (DPSP), and Fundamental Duties require a special majority of 2/3 of members present and voting, plus 50% of the total membership of the House.
- What Requires Special Majority + State Ratification: Provisions affecting the federal structure, such as the election of the President, any list in the 7th Schedule, representation of states in Parliament, and powers of the Supreme Court or High Courts, require ratification by at least half of the state legislatures by simple majority.
- Expert Comments on Amending Procedure: Scholars like K.C. Wheare noted the "wise" variety of amending processes, while Granville Austin praised it as "one of the most ably conceived aspects of the Constitution."
- Important Amendments: Recent significant amendments include the 100th (India-Bangladesh land boundary), 101st (GST), 102nd (NCBC), 103rd (EWS 10% reservation), 104th (removal of Anglo-Indian nomination), 105th (restored state power to identify SEBCs), and 106th (1/3rd seats reserved for women).
Frequently Asked Questions
What is the primary difference between Permanent and Temporary Parliamentary Committees?
Permanent (Standing) committees are continuous bodies established for ongoing functions and cannot be scrapped. Temporary (Ad Hoc) committees are formed for specific, time-bound tasks and cease to exist once their work is completed.
What is the significance of the Basic Structure doctrine in Constitutional Amendments?
The Basic Structure doctrine, established by the Supreme Court, prevents Parliament from amending fundamental features of the Constitution. It ensures that the core identity and values of the Indian Constitution remain intact, even during amendment processes.
What are the main functions of India's Financial Parliamentary Committees?
Financial committees like the Public Accounts Committee, Estimates Committee, and Committee on Public Undertakings primarily scrutinize government expenditure, examine budget estimates, and review the performance of public sector enterprises to ensure financial accountability.
