This article has been written by Bijendra Shandilya, a student studying BBA-LLB from Indian institute of management, Rohtak . The author is a 1st year law student.
Let’s understand the basic terms like subordinate committee and the concept of subordinate legislation in India for better understanding of topic.
What is subordinate Committee ?
The Committee examines bills which seek to delegate powers to make rules, regulations, bye-laws, etc. or amend earlier acts delegating such powers, with a view to seeing whether suitable provisions for the laying of the rules, regulations, etc. before parliament have been made therein.
What are the different types of committees ?
Standing, Standing joint, Legislative, Special, Special joint, Subcommittees.
The Concept of subordinate legislation in India is :-
Subordinate legislation is a process by which the executive is given powers by primary legislation to make laws in order to implement and administer the requirements of that primary legislation. Such law is the law made by a person or body other than the legislature but with the legislature authority. Article 13(3) of the Indian constitution includes within the definition of law forms of subordinate legislation such as order, rule, regulation, notification.
The need for subordinate legislation arises due to :-
- Limited time available for legislation in parliament due to overburdening.
- Increasing complexity requiring knowledge and experience of experts.
- Covering those situations which have not been anticipated by the parliament.
- Flexibility in the meeting emergency situations.
Let’s understand role of committee on subordinate legislation.
Through its oversight committee, the “Committee on Subordinate Legislation,” the Lok Sabha controls subordinate legislation most effectively. The Committee was established for the first time in December 1953, and it has continued to operate ever since.
The functioning/role of the committee on subordinate legislation, Lok sabha is largely governed by the rules 317- 322 of rules of procedure and conduct of business in lok sabha and directions 103-108 of directions by the speaker lok sabha.
Functions/role
The functions of the committee on subordinate legislation are to scrutinize and report to the house whether the powers to make regulations, rules, sub-rules, bye-laws etc. conferred by the constitution or delegated by parliament are being properly exercised within such delegation.
Examination of Orders
The Committee on Subordinate Legislation examine all Regulations, Rules, Sub-rules, Bye-laws, etc. commonly known as ‘Orders’, whether laid on the Table of the House or not, framed in pursuance of the provisions of the Constitution or a statute delegating power to a subordinate authority, to make such Orders.
After an ‘Order’ is published in the Gazette, it is examined by the Lok Sabha Secretariat to determine whether it is required to be brought to the notice of the Committee on any of the grounds laid down in rule 320 of the Rules and Procedures and Conduct of Business in Lok Sabha or in accordance with any practice or direction of the Committee. In other words Rule 320 ibid primarily prescribe the scope of examination of the statutory orders which reads as under:-
“320. After each such Order referred to in rule 319 is laid before the House, the Committee shall, in particular, consider—
- whether it is in accord with the general objects of the Constitution or the Act pursuant to which it is made;
- (ii) whether it contains matter which in the opinion of the Committee should more properly be dealt with in an Act of Parliament.
- whether it contains imposition of any tax;
- whether it directly or indirectly bars the jurisdiction of the courts
- whether it gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;
- whether it involves expenditure from the Consolidated Fund of India or the public revenues;
- whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made;
- whether there appears to have been unjustifiable delay in its publication or in laying it before Parliament; and
- whether for any reason its form or purport calls for any elucidation.”
Examination of Bills
The Committee also examine provisions of Bills which seek to— (i) delegate powers to make ‘Orders’, or (ii) amend earlier Acts delegating such powers, with a view to see whether suitable provisions for the laying of the ‘Orders’ on the Table of the House have been made therein.
Examination of Bills Referred to Committee by Speaker
The Speaker may also refer Bills containing provisions for delegation of legislative powers to the Committee and where a Bill is so referred, the Committee shall examine — (i) the extent of such powers sought to be delegated; and (ii) where powers are sought to be delegated to State Governments or other authorities for bringing into operation any subsidiary provisions or to make any further rules or regulations, the necessity for such delegation as well as the extent and manner in which such powers shall be exercised by the subordinate authorities concerned.
Where the Committee is of opinion that the provisions contained in the Bill delegating legislative powers should be annulled wholly or in part, or should be amended in any respect, it may report that opinion and the grounds thereof to the House before the Bill is taken up for consideration in the House.
Composition and Term
The Committee shall consist of not more than fifteen members who shall be nominated by the Speaker: Provided that a Minister shall not be nominated a member of the Committee, and if a member, after nomination to the Committee is appointed a Minister, such member shall cease to be a member of the Committee from the date of such appointment. The term of office of members of the Committee shall not exceed one year.
Study Tours
During consideration of any rule/regulation or bye law etc. commonly as ‘Order’ if the Committee feel that an on-the-spot study visit should be undertaken of a particular organization to gain first hand information about the application of ‘Order’, the Committee may, with the specific approval of the Speaker, undertake tour of the organization connected with the ‘Order’.
Reports
The Committee presents its Reports to the House from time to time. If the Committee is of opinion that any Order should be annulled wholly or in part, or should be amended in any respect, it shall report that opinion and the grounds thereof to the House. Further, if the Committee is of opinion that any other matter relating to any Orders should be brought to the notice of the House, it may report that opinion and matter to the House.
The Speaker may issue such directions as may be considered necessary for regulating the procedure in connection with all matters connected with the consideration of any question of Subordinate Legislation either in the Committee or in the House.
On the recommendations contained in the reports of the Committee, the Government is required to take action within six months and keep the Committee informed of the action taken or proposed to be taken in each case. The Action Taken by the Government on the recommendations/observations of the Committee are examined and included in the Action taken Report which is also presented to the House.
REFERENCES
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