Row over Select Committee for Delhi Services Bill

Subject :Polity

Section: Parliament

Context:

Several MPs complained about their names being included in the proposed Select Committee for the Delhi Services Bill without their consent.
Rajya Sabha Deputy Chairman Harivansh initiated a probe into the matter.
The proposed committee was suggested by AAP MP Raghav Chadha.

What is the purpose of a Select Committee?

A Select Committee is a temporary (ad-hoc) committee established to examine specific bills.
It follows procedures outlined in the Rules of Procedure.
Constituted by Parliament to consider and report on bills referred to them.

How are members selected for a Select Committee?

Members are appointed by Parliament when a motion is adopted to refer a bill to the committee.
Rule 125 of the Rajya Sabha Rules and Procedures allows any member to move an amendment for a bill to be referred to a Select Committee.
Consent is required from the proposed member, and the mover needs to ascertain the member’s willingness to serve on the committee.
Collecting signatures is not explicitly mentioned in the rules.

How does a Select Committee function?

Quorum for each sitting is one-third of the total committee members.
In case of tied votes, the chairman or presiding person has a second or casting vote.
The committee can appoint sub-committees to examine specific aspects of the bill.
Chairman of the Committee is appointed by the Chairman of the Rajya Sabha from among the committee members.
If it is a Joint Committee, the proportion of members from the Rajya Sabha and the Lok Sabha is 1:2
The member or Minister in charge of the Bill is generally included as a member of the Committee.
The report is signed by the committee chairman, and dissenting opinions can be recorded.
The report and dissenting notes are presented in parliament, printed, and circulated among all members.

What is the role of a Select Committee?

The main task is to scrutinize the bill’s text clause by clause, ensuring a clear reflection of intent and objectives.
The committee can invite experts, gather oral evidence, and have government officials explain provisions.
After considering the evidence, conclusions are formulated, and amendments may be proposed to clarify intent.
The Committee may also visit organizations and institutions for an on-the-spot study of matters connected with the bill.

What happens after a Select Committee’s report is submitted?

The committee’s report is of a recommendatory nature.
- The government can choose to accept or reject the committee’s recommendations.
The committee can introduce its version of the bill, which can be discussed and passed if moved by the bill’s minister in charge.
The government’s response to the committee’s recommendations is usually presented before the bill is further discussed or voted on in the Parliament.

What is a standing committee?

The Standing Committees are permanent (constituted every year or periodically) and work on a continuous basis.
Standing Committees can be classified into the following six categories:
- Financial Committees
- Departmental Standing Committees
- Committees to Enquire
- Committees to Scrutinise and Control
- Committees Relating to the Day-to-Day Business of the House
- House-Keeping Committees or Service Committees

What rules govern committees?

They draw their authority from Article 105 and Article 118.
- Article 105 deals with the privileges of MPs.
- Article 118 gives Parliament authority to make rules to regulate its procedure and conduct of business.

What is a Committee on Privileges?

This is a standing committee consisting of 15 members in Lok Sabha( 10 in Rajya Sabha) nominated by the Speaker (Chairman in case of Rajya Sabha).
In the Rajya Sabha, the deputy chairperson heads the committee of privileges.

Powers and Functions:

The committee examines every question involving a breach of privilege of the House or of the members or of any Committee thereof referred to it by the House or by the Speaker/Chairman.
It also determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report.
It also states the procedure to be followed by the House in giving effect to its recommendations.
When a question of privilege is referred to the Committee by the House, the report of the Committee is presented to the House by the Chairman or, in his absence, by any member of the Committee.
Where a question of privilege is referred to the Committee by the Speaker, the report of the Committee is presented to the Speaker who may pass final orders thereon or direct that it be laid on the Table of the House.
The Speaker/Chairman may refer to the Committee any petition regarding the disqualification of a member on the ground of defection for making a preliminary inquiry and submitting a report to him.
- The procedure to be followed by the Committee in these cases is so far as may be the same as inapplicable to questions of breach of privilege.