13 Apr 2023: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: POLITY

1. The role of Parliamentary Committees

Syllabus: Parliament — structure, functioning, conduct of business, powers & privileges and issues arising out of these

Prelims: Facts about Parliamentary Committees

Mains: Parliamentary Committees in India – their evolution, role and significance, associated issues and the way forward 

Context

This article discusses the role and significance of Parliamentary Committees in the Indian Parliamentary system.

Parliamentary Committees

• Parliamentary committees are panels that consist of various Members of the Parliament who are appointed or elected by the House or nominated by the Speaker/Chairman of the House.
• Parliamentary committees are mandated to deal with such issues which are not feasible to take up on the floor of the House and also discuss various sector-specific concerns.
• The Indian Constitution mentions two types of Parliamentary Committees namely: 
  • Standing Committees: Committees constituted to examine bills, budgets and policies of ministries/departments of the Government.
  • Ad-hoc Committees: Committees that are set up for a specific purpose, and these cease to exist after their mandate is complete.
• Parliamentary committees draw their authority from Article 105 (privileges of Parliament members) and Article 118 (Parliament’s authority to make rules for regulating its procedure and conduct of business).

Evolution of Parliamentary Committees

• The concept of establishing Parliamentary Committees has been borrowed from the British Parliament.
• In India, the first Public Accounts Committee was established in the year 1950. 
• The practice of referring bills to committees started in 1989 as various departments of the government started creating their own standing committees to discuss various issues.
• A structured Parliamentary committee system came into existence in 1993. However, even during the struggle for Indian independence, individual committees were created for various reasons.
• Five of the many crucial committees of the Constituent Assembly are discussed below:
  • Ad Hoc Committee on the Citizenship Clause: Set up to discuss the nature and scope of Indian citizenship. 
  • Northeast Frontier (Assam) Tribal and Excluded Areas Sub-Committee: The committee was chaired by G.N. Bordoloi and it discussed the issues related to the Naga, Khasi, Garo, Jaintia and Mikir Hills and collected information about the people’s experiences, demands, beliefs and customs. 
    • The committee also discussed aspects such as the status of land and forests, local government, local courts, finance and taxation.
  • Excluded and Partially Excluded Areas (Other than Assam) Sub-Committee: The committee was characterised by Jaipal Singh Munda’s Minute of Dissent with regard to scheduled areas in the Chhota Nagpur Plateau. 
  • Expert Committee on Financial Provisions of the Union Constitution: The committee was mandated to recommend the government on Union and State tax collection, excise duty, liquor revenue, divisible pool of income tax, sharing of proceeds, residuary powers, establishment of the Finance Commission, the office of Auditor General, etc.
  • Advisory Committee on the Subject of Political Safeguards for Minorities: This committee chaired by Sardar Patel, evaluated the abolition of reservations for religious minorities.

Read more about – Different Parliamentary committees and their functions

The Role and Significance of Parliamentary Committees

• Parliamentary Committees take up a specific piece of legislation and they study/discuss it holistically in detail, analyse its impact and then make recommendations to the House.
  • The government is then required to table an “Action Taken” report for the House to highlight the progress or changes made based on the recommendations of the committee. 
• Although the recommendations of these committees are not binding on the government, it helps the legislature have oversight or check on the executive. 
  • Example: During the Union Budget Session 2023, reports tabled on the Demand for Grants pointed out certain discrepancies on the part of the government. 
  • Furthermore, the Committee on Rural Development & Panchayati Raj in its report highlighted that the revised estimates always fell short of the budget estimates and pointed out that in 2022-23, the Ministry of Panchayati Raj spent only ₹701 crores out of the allocation of ₹905 crore.
• Certain crucial objective assessments of the functioning of the executive can only be taken up within the confines of a committee room as members from different political parties and ideologies sit together to discuss and make way for consensus. 
  • However, the discussion on the floor of the House involves cameras and public attention that force the members to function as per their respective party lines and voter base. 
• Further, Parliamentary committees also help make Parliament a dynamic and functional space by acting as a platform for members to converge and debate on matters that concern the nation. 
• Two of the most important yet little-discussed committees include:
  • The Business Advisory Committee prepares the entire schedule for both Houses of Parliament. 
  • The Committee on Papers Laid on the Table is dedicated to dealing with the papers laid on the table of the House and each individual paper is formulated after a careful and long-drawn process of deliberation.
• Additionally, the Bills that are referred to committees are often seen to have come back to the House with significant value addition. A few of the most salient recent legislations which have been referred to Committees include:
  • Digital Data Protection Bill: The Justice Srikrishna Committee was set up and was mandated with the task of formulating a data protection framework for India post the Puttaswamy judgment based on which Personal Data Protection Bill, 2019 was tabled in the Lok Sabha. 
    • It was once again referred to a Joint Parliamentary Committee chaired by P.P. Chaudhary and based on this committee’s report in December 2021, the earlier Bill was withdrawn and a new Draft Digital Data Protection Bill was introduced in November 2022.
  • Prohibition of Child Marriage (Amendment) Bill: The Bill that seeks to increase the legal marriageable age of women from 18 to 21 years.
  • Anti-Maritime Piracy Bill: Facilitates the enactment of the UN Convention on the Law of the Sea (UNCLOS) for combating piracy on the high seas 
  • Jan Vishwas Bill: Bill amending 42 laws across sectors like agriculture and media.
  • Wildlife Protection (Amendment) Bill: Extending the scope of protected species.
  • Other bills: The Competition (Amendment) Bill, the Criminal Procedure (Identification) Bill, the Electricity (Amendment) Bill, and the Multi-State Cooperative Societies (Amendment) Bill.

Issues Associated with Parliamentary Committees

Image Source: Moneycontrol

• In recent times, political rancour and polarisation have impacted the functioning of these Parliamentary committees and have highlighted serious fault lines. 
• There have been instances where deliberations and consensus among these committees have been affected. 
• Further, there has been a sharp decline in the instance of referring Bills to the Parliamentary committees and as a result, legislations are not subjected to expert scrutiny.
  • According to reports, only 25% of the Bills introduced were referred to committees in the 16th Lok Sabha, as compared to 71% and 60% in the 15th and 14th Lok Sabha respectively. 
  • Further, during the 17th Lok Sabha, only about 14 Bills were referred to the committees.

Way forward

• Such committees play a key role in the U.S. Congress and Bills are referred to them post-introduction for scrutiny. 
  • The scrutiny by the committees allows changes and modifications of the Bill before the voting process.
  • The former President of the U.S. Woodrow Wilson had said that “it is not far from the truth to say that Congress in session is Congress on public exhibition, whilst Congress in Committee rooms is Congress at work”.
• India should also consider compulsory referral of the Bills tabled on the floor, to the appropriate committees. 
• According more powers to these Committees will ensure more accountability from the executive.
• It is the need of the hour, for the parliamentary ecosystem in India to strengthen the Parliamentary Committees in order to ensure that political considerations do not hasten law-making.

Nut graf: The sheer volume and scale of operations of the Indian Parliament make it not feasible for the Houses of Parliament to discuss and analyse all issues. Parliamentary committees thus play a crucial role in evaluating, delving deeper into matters of public concern and coming up with expert opinions and hence, it is crucial to safeguard and strengthen these committees from a nation-building standpoint.

E. Editorials

Category: GOVERNANCE

1. Institutional Arbitration

Syllabus: Government Policies & Interventions for Development

Mains: Prospects of online dispute resolution to the Indian judiciary

Context: This article discusses the potential of institutional arbitration in India.

Introduction: 

• Institutional arbitration in India refers to the use of specialised institutions to administer the arbitration process between two or more parties. 
• These institutions provide a framework for the conduct of arbitration proceedings and offer a range of services, including appointing arbitrators, managing the process, and enforcing awards.
• India has acquired a reputation of being ‘arbitration-unfriendly’, for several reasons — lack of preference for institutional arbitration over ad hoc arbitration, frequent interference from the judiciary from the appointment of arbitrators to the enforcement of awards, and setting aside of arbitral awards on grounds of ‘public policy’.
  • India is ranked 163rd, in ‘Enforcing Contracts’ in the World Bank’s Ease of Doing Business report. The report says it takes almost four years and 31% of the cost of the claim to enforce a contract in India.
• The use of institutional arbitration in India has gained significant momentum in recent years due to various reasons, including the rise of foreign investment in India and the need for a more efficient and reliable dispute resolution mechanism.
• Yet, India is not a preferred arbitration destination, even for disputes between Indian businesses. 
  • Singapore has emerged as a global arbitration hub and is ranked first in terms of ‘Enforcing Contracts’. Indian companies are among its top users.

Online Dispute Resolution (ODR):

• Online dispute resolution (ODR) in India refers to the use of technology to facilitate the resolution of disputes between parties. 
• The primary legislation governing Online Dispute Resolution in India is the Information Technology Act, 2000. Section 89 of the Code of Civil Procedure, 1908, also provides for the use of alternative dispute resolution mechanisms, including ODR, to resolve disputes.
• The widespread adoption of online technology during the COVID-19 pandemic, which was led by the judiciary through online hearings, has provided India with an opportunity to capitalise on its technological strengths and become a leading player in online dispute resolution (ODR).
• The Indian government has been actively promoting ODR as a means to increase access to justice, particularly for those who live in remote or rural areas.

Advantages of ODR:

• The government has launched a number of initiatives to promote ODR in India. For example, the Ministry of Electronics and Information Technology (MeitY) has launched the Online Dispute Resolution (ODR) platform to provide an online platform for the resolution of disputes.
• It encompasses the integration of tools such as multi-channel communication, case management systems, automated case flows, digital signatures and stamping, and even the application of advanced technologies such as blockchain, natural language processing, artificial intelligence, and machine learning.
• The ODR platform provides a secure, easy-to-use platform for the resolution of disputes between parties. Parties can submit their dispute online and the platform facilitates the resolution of the dispute through mediation or arbitration.
• It can reduce the burden on the courts, save time and costs, and provide effective resolutions.
• The ODR platform is particularly useful for small disputes, such as those involving consumer complaints or disputes between small businesses. It is also useful for disputes that involve parties who are located in different parts of the country.

Way Forward:

• Overall, the use of ODR in India is still in its early stages, but it is expected to grow in popularity as more people become aware of its benefits.
• Collaboration among the legislative, executive, and judicial branches is crucial to promote the widespread adoption of ODR in India. 
• Some institutions such as the Reserve Bank of India, the National Payments Corporation of India, and the Open Network for Digital Commerce have already taken the lead by integrating ODR mechanisms into their initiatives. 
  • However, it is necessary to extend these efforts to a broader audience to achieve mass adoption of ODR in India.
• The government can collaborate with the private sector to develop and promote ODR platforms. Private companies can invest in the development of ODR technology and platforms, and the government can provide incentives and support to encourage such investment.
• The use of ODR could be incentivised through legislative measures, such as establishing ODR as the default dispute resolution mechanism for specific categories of disputes that arise from online transactions. 
• Government must work on solving infrastructural challenges, curb the digital divide, and catalyse ODR’s growth by optimising existing setups such as Aadhaar kendras to also function as ODR kiosks. 
  • On the lines of the Finance Minister allocating ₹7,000 crore for the third phase of the e-Courts project in the Union Budget 2023 , a dedicated fund must be set up for furthering ODR.
• The use of ODR platforms should be accompanied by strong data protection measures to ensure the confidentiality and privacy of the parties involved. The government should develop guidelines and regulations to ensure that ODR platforms are secure and comply with data protection laws.

Nut Graf: Institutional arbitration in India involves specialised institutions administering the arbitration process. Despite gaining momentum, India’s preference for ad hoc arbitration and judicial interference has made it an ‘arbitration-unfriendly’ destination. On the other hand, Online Dispute Resolution (ODR) in India is in its early stages but is expected to grow. 

I. UPSC Mains Practice Questions

1. Explain the need for Alternative Dispute Resolution in India. What measures need to be taken to make India an international hub for Arbitration? (250 words, 15 marks) [GS-2; Polity]
2. Critically examine the role of Parliamentary committees. (250 words, 15 marks) [GS-2; Polity]

Read the previous CNA here.