New Delhi, July 15, 2025, At the National Conference of Estimates Committees, Lok Sabha Speaker Om Birla underscored that parliamentary committees “are not adversaries they are partners” of the executive. He urged prompt, earnest action on their recommendations, emphasizing that their purpose is to guide, not oppose, the government.
Constitutional & Legal Framework
Parliamentary committees find their foundation in the Indian Constitution, primarily via Articles 105 and 118, which grant legislators privileges and empower each House to frame rules including those that establish committees. These constitutional provisions are reinforced by the Lok Sabha and Rajya Sabha Rules of Procedure, which set out committees’ formation, powers, and reporting mechanisms. This framework empowers committees to scrutinize, advise, and hold the executive accountable, while preserving parliamentary privilege.
Structural Overview: Standing and Ad Hoc Committees
Standing Committees are permanent bodies divided into two main types:
- Financial Standing Committees:
- Public Accounts Committee (PAC) audits government expenditure.
- Estimates Committee reviews budget estimates and suggests savings.
- Committee on Public Undertakings (COPU) monitors public sector enterprise performance.
- Department-Related Standing Committees (DRSCs): Cover specific ministries, examining bills, budgets, and departmental performance.
Other permanent panels handle ethics, privileges, petitions, and subordinate legislation.
Ad Hoc Committees, including Select and Joint Parliamentary Committees (JPCs), are created for short-term tasks such as probing the Bofors scandal, the Harshad Mehta securities scam, or evaluating complex bills like the recent Waqf Amendment Bill.
Membership, Appointment & Tenure
Members are chosen annually by the Lok Sabha Speaker or Rajya Sabha Chairman based on party representation. Ministers are ineligible to serve. Chairs are generally senior MPs, often from the opposition in some panels (e.g., the PAC), to ensure checks and balances. Standing committee terms last a year, while ad hoc bodies dissolve after completing their mandate.
Powers and Functions
These committees possess formidable tools to strengthen democracy:
- Bill Scrutiny: Enables clause-by-clause review, expert testimony, and recommendations for refinement.
- Financial Oversight:
- The PAC audits expenditure and tracks implementation.
- The Estimates Committee advocates for cost efficiency.
- COPU reviews state-owned enterprises’ performance.
- Executive Accountability: Committees can summon ministers, civil servants, and review their records.
- Public Policy Assessment: They evaluate government programs, monitor assurances, and ensure transparency.
- Stakeholder Engagement: Drawing on expert and civil society input helps ground policy in real-world needs.
While recommendations are not legally binding, they carry political and moral weight, designed to steer policy effectively.
Judicial Acknowledgement: Kalpana Mehta v. Union of India (2018)
The Supreme Court, in Kalpana Mehta, affirmed that Parliamentary Standing Committee reports are admissible as persuasive tools and external aids to interpret ambiguous statutes. The Court also clarified these reports enjoy parliamentary privilege and cannot be challenged in court, preserving respect for legislative processes while enabling informed judicial interpretation.
Current Developments & Challenges
- Recommendations Drive Impact: Birla noted that over 90% of Estimates Committee recommendations are accepted, particularly in budget reform—a testament to their relevance.
- Digital Integration: He encouraged using technology—AI, data analytics, and dashboard for deeper scrutiny and fiscal transparency.
- State–Centre Synergy: Conferences involving state Estimates Committees promote mutual learning and institutional strengthening.
- Power Boundaries Under Review: The Supreme Court is set to clarify legislative committees’ limits, especially concerning quasi-judicial oversight of executive departments in revenue and taxation an important test of separation of powers path to Enhanced Efficacy
To tap their full potential, experts suggest:
- Mandatory Bill Referral: All major legislation should undergo committee review.
- Timely Executive Compliance: Governments must respond within fixed periods.
- Transparency & Public Access: Publish reports and hearings to foster accountability.
- Capacity Building: Invest in research staff and continuity to deepen institutional knowledge.
- Digitization: Leverage analytics and AI for policy evaluation and fiscal monitoring.
Conclusion
Parliamentary committees are central to India’s democratic structure providing legislative depth, financial scrutiny, and expert insight. Rooted in constitutional mandate and strengthened by judicial recognition, they are designed as active collaborators, not critiques, of the executive. As Speaker Birla emphasized, respecting and implementing their recommendations is essential. With stronger usage, transparency, and support, these bodies can remain true pillars of responsible governance and democratic oversight in India’s complex political landscape.
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