Parliamentary committees, Speaker, Leader of Opposition


Parliamentary committees
  • constitutional mechanisms for 
  • Elected and appointed by the houses
  • works under the direction of the house
  • Constitutional mechanism to provide expertise, adequate time for scrutiny, and provide support to the parliament 
  • 2 types:
    • Ad-hoc
      • select and Joint
    • PSC
      • PAC, PEC, PCPU, departmental standing committees

Issues
  • non-functioning: 29% of the bills have been scrutinized
  • Diminishing importance

Importance
  • Bills: scrutiny
    • detailed, multiparty etc
  • Finance:
    • Executive
    • PAC, EC, PCPU
  • Accountability
    • of executive
  • Support
    • in functioning
  • Issues resolution
  • Scrutinizing committees and other reports
    • CAG, 

  • British model: every bill must pass thorugh this
  • NCRWC: also recommended this
PAC
  • work:
    • Examine: Appropriation and finance accounts of Union
    • Autonomous and other bodies like UGC
    • Audit reports of the CAG
  • How:
    • legality, availability, authority, wisdom, economy etc
  • Outcome:
    • Under assessment
    • tax evasion etc
  • Issues:
    • Secrecy: closed door meeting unlike USA
    • Post mortem
    • Lack of expertise
    • no suo-moto power of investigation
    • Politicization of the proceedings
  • Solutions
    • Publication of the reports of the cag with in the time 
    • Publication of ATR with in time
    • Suo-moto powers
    • Sufficient technical assistance 
    • Transparency : open meeting, public the minutes, telecast, press, general public etc

Speaker
  • Anti-defecation
  • Money Bill
  • Non partisanship
    • Part of political party
  • Suspension of MPs and MLAs
    • TN and Gujarat assembly
  • Passes of bill
    • Voice and division (appropriation of UK)
    • Without majority (appropriation of UK)
  • Privilege of the parliament and MPs
  • Point of order
  • Setting agenda of house
Suggestion
  • Make convention that once a speaker always a speaker
    • Second term could be given
    • His membership could be preserved
Supreme Court
  • Speaker should refrain to act on schedule 10 when a resolution of removal of him is pending in the assembly
  • Criticism
    • Escape route to anti-defectors
    • Possibility of misuse
  • Must provide Protective  measure



Leader of Opposition
  • Statutory
  • 10% of the strength
Issue
2016: no Lop
  • Parliamentary rules cannot override the laws
  • LOP is required on several occasion
  • Some laws provide for replacement, some not
Legal ambiguity, Congress party's own track record and BJP's triumphalism should not come in the way of Office

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