Demand for JPC

Subject: Polity

Section: Parliament

Context: Demand for JPC

A structured committee system was introduced in 1993 to provide for greater scrutiny of government functioning by Parliament. Most committees of Parliament include MPs from both the Lok Sabha and Rajya Sabha. A Joint Parliamentary Committee (JPC) is an ad-hoc body. It is set up for a specific object and duration. Joint committees are set up by a motion passed in one house of Parliament and agreed to by the other. The details regarding membership and subjects are also decided by Parliament. For example, the motion to constitute a JPC on the stock market scam (2001) and pesticide residues in soft drinks (2003) was moved by the government in the Lok Sabha. The motion on the stock market scam constituted a JPC of 30 members of which 20 were from the Lok Sabha and 10 were from the Rajya Sabha. The motion to constitute the JPC on pesticides included 10 members from the Lok Sabha and 5 from the Rajya Sabha. The terms of reference for the JPC on the stock market scam asked the committee to look into financial irregularities, to fix responsibility on persons and institutions for the scam, to identify regulatory loopholes and also to make suitable recommendations.
The mandate of a JPC depends on the motion constituting it. This need not be limited to the scrutiny of government finances.
Although a number of joint committees have been formed since Independence, four major JPCs have been formed to investigate significant issues that have caused controversy. These are

(1) Joint Committee on Bofors Contracts

(2) Joint Committee to enquire into irregularities in securities and banking transactions

(3) Joint Committee on stock-market scam

(4) Joint Committee on pesticide residues in and safety standards for soft drinks.

JPC recommendations have persuasive value but the committee cannot force the government to take any action on the basis of its report. The government may decide to launch fresh investigations on the basis of a JPC report. However, the discretion to do so rests entirely with the government. The government is required to report on the follow-up action taken on the basis of the recommendations of the JPC and other committees. The committees then submit ‘Action Taken Reports’ in Parliament on the basis of the government’s reply. These reports can be discussed in Parliament and the government can be questioned on the basis of the same

Can Joint Parliamentary Committee (JPC) summon ministers?

According to a direction of the speaker, a Minister cannot be summoned by a financial committee. There are no specific procedures for the Joint Parliamentary Committees mentioned in the rules. However, according to the Directions by the Speaker general rules applicable to Committees shall apply to all Committees, though specific directions can be given for some committees (read here). In other words, the general directions for all committees would be the same, unless a specific direction was given relating to a particular committee. In the Joint Committee of Stock Market Scam and Matters relating there to, a specific request was made to the Speaker, Lok Sabha by the Chairman, JPC on 20th May, 2002 for permitting the Committee to call for written information on certain points from the Minister of Finance and Minister of External Affairs. The Speaker accorded the necessary permission on 1st June, 2002. Consequently, the Minister of Finance (Shri Jaswant Singh), the Minister of External Affairs (Shri Yashwant Sinha) and the former Finance and External Affairs ministers (Shri P. Chidambaram and Dr. Manmohan Singh respectively) testified before the Committee

Role of Committees

Parliament has 24 standing committees organised on the lines of ministries and departments. Parliamentary Committees are of two kinds:

Standing Committees

They are permanent and regular committees which are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha.
The work of these Committees is of continuous nature.
The Financial Committees, DRSCs and some other Committees come under the category of Standing Committees.

Ad hoc Committees

They 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. Railway Convention Committee, Joint Committee on Food Management in Parliament House Complex etc also come under the category of ad hoc Committees.
The Constitution of India makes a mention of these committees at different places, but without making any specific provisions regarding their composition, tenure, functions, etc. All these matters are dealt by the rules of two Houses.

Accordingly, a parliamentary committee means a committee that:

Is appointed or elected by the House or nominated by the Speaker / Chairman
Works under the direction of the Speaker / Chairman
Presents its report to the House or to the Speaker / Chairman
Has a secretariat provided by the Lok Sabha / Rajya Sabha
The introduction of 17 department-related standing committees (DRSCs) on March 31, 1993 was a significant innovation that increased parliamentary scrutiny and gave MPs a larger role in examining legislation and important decisions of the day.
There are 24 DRSCs — 16 from Lok Sabha and 8 from Rajya Sabha. Each committee has 21 MPs from Lok Sabha and 10 from Rajya Sabha.
The role: Given the volume of legislative business and the time constraints it is not possible for MPs to discuss and scrutinise all bills in the House.
Parliamentary committees, either formed for a specific bill (select committee) or permanent (standing committees that are reconstituted annually) allow for a scrutiny with the possibility of tapping subject experts from outside and other stakeholders in an environment where MPs are not bound by party positions or whips.