09 Dec
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Contents
- Highlight important privileges enjoyed by each House of Parliament collectively and its members individually and discuss their significance.
- Discuss the role of parliamentary committees in upholding financial accountability of the executive.
04-10-2023
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Answer :
Parliamentary privilege is the sum of certain rights and immunities enjoyed by each House collectively and by members of each House individually, without which they may not be able to discharge their functions effectively, and which exceed those possessed by other bodies or individuals.
Indian constitution under Article 105 empowers Parliament to codify parliamentary privileges. However, no such laws have been brought yet and those privileges available to the house, members and its committees available before the commencement of the constitution are being followed till date.
Privileges of the House collectively:
• Right to publish debates and proceedings and the right to restrain publication by others. However true reports of parliamentary proceedings can be published by press.
• Right to exclude strangers from its proceedings and hold secret sittings.
• Right to regulate internal affairs of the House and to decide matters arising within its walls:
o Regulate its own procedure and conduct of business and to adjudicate upon such matters.
o No person can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer.
o The courts are prohibited to inquire into the proceedings of a House or its committees.
o House receives immediate information of the arrest, detention, conviction, imprisonment and release of its Member.
• Right to punish members and outsiders for breach of its privileges by reprimand, admonition or imprisonment (also suspension or expulsion in case of members).
Privileges enjoyed by the members individually:
• Complete Freedom of speech for anything said or any vote given by him/her in Parliament or its committees.
• Freedom from arrest in civil cases during the session of parliament and 40 days before the beginning and 40 days after the end of a session.
• Freedom to refuse to provide evidence or be a witness in a case pending in a court when parliament is in session.
Significance:
• Enables free and fair discussion by enabling the members to speak out their mind and expressing their views in the House without any fear.
- Prevents willful misrepresentation of debates or premature publication of proceedings.
• Internal autonomy serves as a natural corollary of the immunity from proceedings in a court of law in respect of anything said or done inside the House.
• Prevents obstruction to members from attending their parliamentary duty (in case of arrest).
• Ensures that the attendance of a member in the House takes precedence over all other obligations such as being a jury/witness to a case.
Thus, these privileges are important for both the Houses to maintain their authority, dignity and honour and support its members in the discharge of their parliamentary responsibilities.
16-10-2023
Answer :
A Parliamentary committee is a designated group of members appointed by one or both Houses of Parliament to fulfill specific responsibilities. In a democratic governance framework, accountability is paramount. Parliamentary Committees, serving as potent instruments, play a vital role in overseeing executive actions on behalf of Parliament. They enforce the Executive’s responsibility to both Parliament and the public, with financial accountability being a key aspect. This is achieved through several committees, including:
- Public Accounts Committee:
- Examines the annual audit reports presented by the Comptroller and Auditor General of India (CAG) to Parliament.
- Scrutinizes public expenditure not only for legal and formal compliance but also evaluates it from the perspectives of economy, prudence, wisdom, and propriety to identify instances of waste, loss, corruption, extravagance, inefficiency, and nugatory expenses.
- Estimates Committee:
- Reviews the estimates included in the budget and recommends ‘economies’ in public expenditure, earning its description as a ‘continuous economy committee.’
- Reports on potential economies, suggests improvements in organization, efficiency, and administrative reforms consistent with the policy underlying the estimates.
- Recommends alternative policies to enhance efficiency and economy in administration.
- Examines whether the allocated funds align with the policy implied in the estimates.
- Advises on the presentation format of the estimates to Parliament.
- Committee on Public Undertakings:
- Examines the reports and accounts of public undertakings.
- Reviews reports from the Comptroller and Auditor General on public undertakings.
- Assesses the management of public undertakings, considering autonomy, efficiency, adherence to sound business principles, and prudent commercial practices.
- Exercises functions assigned by the Speaker in relation to public undertakings, similar to those of the Public Accounts Committee and the Estimates Committee.
Additionally, Adhoc Committees appointed by either House, like the Committee on MPLADs scheme or the Committee to examine the allocation of Telecom licenses, contribute by assessing financial performance against public expenditure. These committees investigate and provide advice to the executive on financial matters.
Parliamentary Committees, embodying the will of the people, provide the time and expertise necessary for a comprehensive evaluation of the executive’s financial powers. They ensure that public policy aligns with socio-economic progress, efficient administration, and the aspirations of the people. By doing so, these committees act as checks against the misuse of public resources, reinforcing financial accountability in a Parliamentary form of governance.