Rules of Procedure โ Lok Sabha
Chapter XXVI: Parliamentary Committees
General Rules
General Rules โ Parliamentary Committees
Definition of "Committee." Appointment & election. Objection on personal/pecuniary interest. Quorum = โ rd. Casting vote. Evidence on oath. Sittings in private. Reports signed by Chairperson. Business does NOT lapse on prorogation.
- ๐In this Chapter, unless context otherwise requires, "Committee" means and includes "Parliamentary Committee" as defined in the Rules.
- ๐Members of a Committee shall be appointed or elected by the House on a motion made, or nominated by the Speaker, as the case may be.
- ๐ซNo member shall be appointed if unwilling to serve. The proposer shall ascertain willingness beforehand.
- ๐Casual vacancies filled by appointment, election, or nomination. Member filling vacancy holds office for the unexpired portion of the term.
- โ ๏ธIf objection taken on grounds of personal, pecuniary, or direct interest that may prejudicially affect consideration โ the following procedure applies:
State Objection
Objecting member precisely states the ground and nature of alleged interest โ personal, pecuniary, or direct.
Opportunity to Respond
Speaker gives opportunity to the proposed member to state the position.
Evidence
If dispute on facts โ Speaker may call upon both members to produce documentary or other evidence.
Speaker's Decision โ Final
Speaker considers evidence and gives decision โ which shall be final.
Interim Position
Until Speaker decides โ member continues as member, may take part in discussion, but shall NOT be entitled to vote.
If Upheld
If Speaker holds that the member has such interest โ member ceases to be a member forthwith. Previous proceedings NOT affected.
The interest of the member should be direct, personal, or pecuniary and separately belong to the person whose inclusion is objected to โ not in common with the public in general or with any class or section thereof or on a matter of State policy.
- ๐ A Committee nominated by the Speaker holds office for the period specified by the Speaker or until a new Committee is nominated.
- ๐A member may resign by writing under own hand addressed to the Speaker, in the prescribed form.
- ๐ Resignation takes effect from: (a) date specified in letter; (b) if no date โ date of the letter; (c) if letter undated โ date of receipt in LS Secretariat.
- ๐คChairperson appointed by Speaker from amongst members of the Committee.
- ๐Proviso: If Deputy Speaker is a member of the Committee โ shall be appointed as Chairperson.
- ๐If Chairperson unable to act โ Speaker may appoint another. If absent from any sitting โ Committee chooses another member to act for that sitting.
- โ๏ธQuorum = as near as may be, one-third of the total number of members of the Committee.
- ๐If no quorum โ Chairperson either suspends the sitting until quorum or adjourns to some future day.
- ๐If adjourned on two successive dates โ Chairperson reports the fact to the House (or to Speaker, if Committee appointed by Speaker).
- ๐ซIf a member is absent from two or more consecutive sittings without Chairperson's permission โ a motion may be moved in House for discharge. If nominated by Speaker โ Speaker may discharge.
- ๐ณ๏ธAll questions determined by majority of votes of members present and voting.
- โ๏ธIn case of equality โ Chairperson (or person acting as such) has a second or casting vote.
- ๐A Committee may appoint one or more sub-Committees, each having powers of the undivided Committee. Reports of sub-committees deemed reports of the whole Committee if approved at a sitting of the whole Committee.
- ๐Order of reference to sub-Committee shall clearly state the point or points for investigation.
- ๐ Sittings on such days and at such hour as Chairperson may fix. If Chairperson not available โ Secretary-General may fix date/time. For Select/Joint Committee on Bills โ Secretary-General fixes in consultation with Minister concerned.
- ๐๏ธCommittee may sit whilst House is sitting โ but on a division being called, Chairperson shall suspend proceedings to enable members to vote.
- ๐Sittings of a Committee shall be held in private.
- ๐ขSittings held within precincts of Parliament House. If change needed โ referred to Speaker whose decision is final.
- ๐คAll persons other than members and officers of LS Secretariat shall withdraw whenever Committee is deliberating.
- ๐Witness may be summoned by order signed by Secretary-General. Shall produce documents required for Committee's use.
- ๐Committee's discretion to treat evidence as secret or confidential.
- ๐ซNo document submitted shall be withdrawn or altered without Committee's knowledge and approval.
- ๐Committee has power to send for persons, papers and records. Relevance question โ referred to Speaker (decision final). Government may decline if disclosure prejudicial to safety/interest of State.
- โ๏ธCommittee may permit witness to be heard by counsel appointed by witness and approved by Committee, under Speaker's direction.
- ๐Committee may administer oath or affirmation to a witness. Prescribed form: "I swear / solemnly affirm that the evidence shall be true, conceal nothing, and no part shall be false."
- ๐Committee decides mode of procedure and nature of questions before witness is called.
- ๐คChairperson asks first with reference to the subject matter.
- ๐Chairperson may call other members one by one to ask questions.
- ๐Witness may be asked to place other relevant points not covered.
- ๐Verbatim record of proceedings shall be kept when witness is summoned.
- ๐Evidence may be made available to all members of the Committee.
- ๐Record of decisions maintained and circulated to members under Chairperson's direction.
- ๐Committee may direct that whole or part of evidence or summary be laid on Table.
- ๐No part of evidence, report, or proceedings which has NOT been laid on Table shall be open to inspection except under authority of Speaker.
- ๐ซEvidence shall NOT be published by any member or any other person until laid on Table. Speaker may, at discretion, direct that evidence be confidentially made available to members before formal laying.
- ๐Committee may make a special report on any matter that arises, even if not directly connected with its terms of reference.
- ๐ If no time fixed for presentation โ report shall be presented within one month of the date of reference. House may extend time.
- ๐Reports may be preliminary or final.
- โ๏ธReport signed by Chairperson on behalf of Committee. If absent โ another member chosen to sign.
- ๐Committee may make available to Government any completed part of report before presentation to House โ treated as confidential until presented.
- ๐ขReport presented by Chairperson (or member). Remarks confined to brief statement of fact โ no debate at this stage.
- ๐ฐWhen House is not in session โ Speaker may order printing, publication, or circulation. Report presented at first convenient opportunity in next session.
- ๐Committee may pass resolutions on matters of procedure for Speaker's consideration.
- ๐Committee may, with Speaker's approval, make detailed rules of procedure to supplement this Chapter.
- ๐Speaker may issue directions to Chairperson for regulating procedure. Any doubt on procedure โ referred to Speaker (decision final).
- โ Business pending before a Committee shall NOT lapse by reason only of prorogation of the House. Committee continues to function.
- ๐If Committee unable to complete work before expiry of term or dissolution โ may report inability. Preliminary reports, memoranda, notes, and evidence made available to new Committee.
- โ๏ธGeneral rules apply to all Committees. If special rules of a particular Committee are inconsistent with general rules โ special rules prevail.
Business Advisory Committee
Business Advisory Committee
Nominated by Speaker. โค 15 members. Speaker is Chairperson. Recommends time allocation for Government Bills and other business. Allocation of Time Order = Order of the House.
- ๐Nominated by Speaker consisting of not more than 15 members including the Speaker who shall be the Chairperson.
- ๐Recommend time to be allocated for discussion of stages of Government Bills and other business as Speaker, in consultation with Leader of the House, may direct.
- โฐMay indicate in proposed time-table the different hours at which various stages shall be completed.
- ๐Such other functions as assigned by Speaker from time to time.
- ๐Note: "Other business" means business other than Private Members' Bills and Private Members' Resolutions.
- ๐Recommendations presented to House in the form of a report.
- ๐After presentation โ motion that House agrees / agrees with amendments / disagrees. Amendment for reference back to Committee permitted. Discussion not more than half an hour; no member speaks more than 5 minutes.
- ๐Allocation of Time as approved takes effect as order of the House โ notified in Bulletin.
- โฐAt appointed hour โ Speaker forthwith puts every question necessary to dispose of all outstanding matters (Guillotine).
- ๐No variation except on motion with Speaker's consent. Speaker may increase time not exceeding 1 hour after taking sense of House.
Committee on Papers Laid on the Table
Committee on Papers Laid on the Table
Nominated by Speaker. โค 15 members. 1 year term. Examines all papers laid by Ministers โ checks compliance, delays, Hindi/English versions. Members must refer matters to Committee, not raise in House.
- ๐Not more than 15 members. Nominated by Speaker. Term not exceeding one year.
- ๐Examine all papers laid on Table by Ministers and report on:
- (a)Whether there has been compliance of provisions of Constitution, Act, rule, or regulation under which paper was laid
- (b)Whether there has been any unreasonable delay in laying
- (c)If delay โ whether statement explaining reasons has been laid and whether reasons are satisfactory
- (d)Whether both Hindi and English versions have been laid
- (e)Whether statement explaining reason for not laying Hindi version has been given and whether reasons are satisfactory
- ๐ซA member wishing to raise any of these matters shall refer it to the Committee and NOT raise it in the House.
Committee on Petitions
Committee on Public Accounts โ PAC
- ๐Examination of: (a) accounts showing appropriation of sums granted by House; (b) annual finance accounts of Government of India; (c) such other accounts as it thinks fit.
- ๐In scrutinising Appropriation Accounts and C&AG report, Committee shall satisfy itself:
- (a)Moneys shown as disbursed were legally available for and applicable to the service/purpose
- (b)Expenditure conforms to the authority which governs it
- (c)Every re-appropriation made in accordance with rules framed by competent authority
- ๐Also examines: (a) income/expenditure of State corporations, trading concerns with balance sheets and C&AG reports; (b) autonomous/semi-autonomous bodies audited by C&AG; (c) C&AG reports where President required audit of receipts or stores/stocks.
- ๐If money spent in excess โ examine circumstances and make recommendations.
- ๐ซProviso: Shall NOT exercise functions in relation to public undertakings allotted to CPU.
- ๐Not more than 22 members comprising 15 from LS (elected by proportional representation/STV) + not more than 7 from RS (nominated by RS).
Committee on Public Undertakings
- (a)Examine reports and accounts of public undertakings in Fourth Schedule
- (b)Examine C&AG reports on public undertakings
- (c)Examine whether affairs are managed in accordance with sound business principles and prudent commercial practices, in context of autonomy and efficiency
- (d)Exercise such other functions of PAC and Estimates Committee as allotted by Speaker
- (i)Matters of major Government policy (distinct from business/commercial functions)
- (ii)Matters of day-to-day administration
- (iii)Matters for which machinery is established by special statute under which the PSU is established
- ๐Not more than 22 members โ 15 from LS (elected by PR/STV) + not more than 7 from RS (nominated by RS). Minister excluded. Term: one year.
Committee of Privileges
Committee of Privileges
Nominated by Speaker. โค 15 members. Examines whether breach of privilege involved. Determines nature, circumstances, and makes recommendations. Report given priority as matter of privilege.
- ๐Nominated by Speaker. Not more than 15 members.
- ๐Examine every question referred to it and determine: (a) whether a breach of privilege is involved; (b) the nature of the breach; (c) circumstances leading to it; and (d) make recommendations.
- ๐Report may also state the procedure to be followed by House in giving effect to recommendations.
- ๐Chairperson/member moves that report be taken into consideration. Speaker may permit debate not exceeding half an hour. After agreed โ motion to agree/disagree/amend recommendations.
- ๐Motion for consideration given priority as a matter of privilege unless undue delay in bringing forward.
- ๐Recommendations presented as report to Speaker. Speaker may direct that report be laid on Table.
- ๐Debate not exceeding half an hour. Motion to agree/disagree/amend recommendations.
- ๐Motion for consideration put down in list of business after disposal of questions.
Committee on Subordinate Legislation
Committee on Subordinate Legislation
Nominated by Speaker. โค 15 members. Minister excluded. 1 year term. Scrutinises rules, regulations, bye-laws delegated by Parliament. 9-point examination test. May recommend annulment or amendment.
- ๐Scrutinize and report 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.
- ๐Not more than 15 members nominated by Speaker. Minister excluded (ceases if appointed). Term: one year.
- ๐Each Order (regulation, rule, sub-rule, bye-law etc.) shall be numbered centrally and published in the Gazette immediately after promulgation.
- ๐After each Order is laid before the House, the Committee shall consider:
- (i)Whether in accord with general objects of the Constitution or the Act
- (ii)Whether it contains matter which should more properly be dealt with in an Act of Parliament
- (iii)Whether it contains imposition of any tax
- (iv)Whether it directly or indirectly bars jurisdiction of courts
- (v)Whether it gives retrospective effect without express power
- (vi)Whether it involves expenditure from CFI or public revenues
- (vii)Whether it makes unusual or unexpected use of powers conferred
- (viii)Whether there has been unjustifiable delay in publication or laying
- (ix)Whether its form or purport calls for elucidation
- ๐If Committee opines Order should be annulled or amended โ report opinion and grounds to the House.
- ๐If any other matter should be brought to notice โ may report to House.
- โ๏ธSpeaker may issue directions as considered necessary for regulating procedure connected with Subordinate Legislation either in Committee or in House.
Committee on Government Assurances
Committee on Government Assurances
Nominated by Speaker. โค 15 members. Minister excluded. 1 year term. Scrutinises assurances, promises, undertakings given by Ministers. Reports on extent and timeliness of implementation.
- ๐Scrutinise the assurances, promises, undertakings etc. given by Ministers on the floor of the House and report on:
- (a)The extent to which such assurances have been implemented
- (b)Where implemented โ whether within minimum time necessary
- ๐Not more than 15 members nominated by Speaker. Minister excluded (ceases if appointed). Term: one year.
Committee on Absence of Members
Committee on Absence of Members from Sittings of the House
Nominated by Speaker. 15 members. 1 year term. Considers leave applications. Examines absences of 60+ days without permission โ may recommend condoning or declaring seat vacant.
- ๐15 members nominated by Speaker. Term not exceeding one year.
- (i)Consider all applications from members for leave of absence from sittings of the House.
- (ii)Examine every case where member absent for 60 days or more without permission โ report whether absence should be condoned or seat declared vacant.
- ๐Where Committee recommends leave/condonation โ pleasure of the House taken by Speaker as soon as may be after presentation of report.
- ๐Where leave NOT recommended โ motion may be moved to agree/disagree/amend with Committee's recommendations.
Committee on Welfare of Scheduled Castes and Scheduled Tribes
Committee on Welfare of Scheduled Castes and Scheduled Tribes
Elected (PR/STV). 30 members (20 LS + 10 RS). Minister excluded. 1 year term. Considers National Commission reports. Monitors welfare programmes. Examines representation in services.
- (a)Consider reports of National Commission for Scheduled Castes and National Commission for Scheduled Tribes โ report on measures to be taken by Union Government
- (b)Report on action taken by Union Government and UT Administrations on proposed measures
- (c)Examine measures for due representation of SC/ST in services and posts (including PSUs, statutory bodies, UTs)
- (d)Report on working of welfare programmes for SC/ST in Union Territories
- (e)Examine such other matters as Committee thinks fit or are specifically referred by House or Speaker
- ๐Not more than 30 members โ 20 from LS (elected by PR/STV) + not more than 10 from RS (nominated by RS). Minister excluded. Term: one year.
Departmentally Related Standing Committees (DRSCs)
24 Committees. โค 31 members each (21 LS + 10 RS). Nominated. Minister excluded. 1 year term. Examine Demands for Grants, Bills, Annual Reports, Long-term Policy Documents. Reports have "persuasive value."
- ๐There shall be Departmentally Related Standing Committees. Ministries/Departments under jurisdiction specified in Fifth Schedule. Chairman RS and Speaker may alter the Schedule in consultation with each other.
- ๐ฅEach DRSC โ not more than 31 members โ 21 nominated by Speaker (from LS) + 10 nominated by Chairman RS (from RS).
- ๐ซMinister shall NOT be nominated. If appointed Minister โ ceases to be member.
- ๐คChairpersons of Part I committees โ appointed by Chairman RS. Chairpersons of Part II โ appointed by Speaker.
- ๐ Term: not exceeding one year.
- (a)Consider Demands for Grants of concerned Ministries and make report. Report shall NOT suggest anything of the nature of cut motions.
- (b)Examine such Bills pertaining to concerned Ministries as referred by Chairman RS or Speaker โ make reports
- (c)Consider Annual Reports of Ministries/Departments โ make reports
- (d)Consider national basic long-term policy documents presented to Houses, if referred by Chairman RS or Speaker โ make reports
- (a)After general discussion on Budget โ Houses adjourned for a fixed period (recess)
- (b)Committees consider Demands for Grants during this period
- (c)Committees make report within the period and shall not ask for more time
- (d)Demands considered by House in light of Committee reports
- (e)Separate report on Demands for Grants of each Ministry
- (a)Consider general principles and clauses of Bills referred โ make report
- (b)Consider only Bills referred by Chairman RS or Speaker (introduced in either House)
- (c)Make report in the given time
- ๐Reports based on broad consensus.
- ๐Member may give note of dissent โ presented to House along with report.
- โ๏ธGeneral rules of Parliamentary Committees in RS apply mutatis mutandis to Part I Standing Committees; LS general rules apply to Part II.
- ๐ขShall NOT work in any other place except precincts of Parliament House unless specifically permitted by Chairman RS or Speaker.
- ๐Committee may avail of expert opinion or public opinion to make report.
- ๐ซShall NOT generally consider matters which are considered by other Parliamentary Committees.
- โ๏ธReports shall have persuasive value and shall be treated as considered advice given by Committees.
Committee on the Empowerment of Women
Committee on the Empowerment of Women
Nominated. 30 members (20 LS + 10 RS). Minister excluded. Chairperson by Speaker. 1 year term. Considers NCW reports. Examines equality, education, representation, welfare. Other committees should not consider matters exclusively assigned to this Committee.
- ๐Not more than 30 members โ 20 from LS (nominated by Speaker) + 10 from RS (nominated by Chairman RS).
- ๐ซMinister shall NOT be a member. If appointed Minister โ ceases to be member.
- ๐คChairperson appointed by Speaker from amongst members.
- ๐ Term: not exceeding one year.
- (1)Consider reports of National Commission for Women โ report on measures for improving status/conditions of women within Union Government/UT purview
- (2)Examine measures for equality, status and dignity of women in all matters
- (3)Examine measures for comprehensive education and adequate representation of women in legislative bodies/services/other fields
- (4)Report on working of welfare programmes for women
- (5)Report on action taken by Union Government and UT Administrations on proposed measures
- (6)Examine such other matters as Committee thinks fit or are specifically referred by House, Speaker, RS, or Chairman RS
- ๐ซOther Parliamentary Committees, including DRSCs, shall not, as far as possible, consider matters exclusively assigned to this Committee under the rules.
| Sl | Committee | Members | Elected / Nominated | Term | Minister? |
|---|---|---|---|---|---|
| 1 | Business Advisory | โค 15 | Nominated | Till reconstituted | โ |
| 2 | Pvt. Members' Bills & Resolutions | โค 15 | Nominated | One year | โ |
| 3 | Papers Laid on Table | โค 15 | Nominated | One year | โ |
| 4 | Petitions | โฅ 15 | Nominated | Till reconstituted | โ Excluded |
| 5 | Public Accounts (PAC) | 22 (15 LS + 7 RS) | Elected | One year | โ Excluded |
| 6 | Estimates | 30 (LS only) | Elected | One year | โ Excluded |
| 7 | Public Undertakings | 22 (15 LS + 7 RS) | Elected | One year | โ Excluded |
| 8 | Privileges | โค 15 | Nominated | Till reconstituted | โ |
| 9 | Ethics | โค 15 | Nominated | One year | โ |
| 10 | Subordinate Legislation | โค 15 | Nominated | One year | โ Excluded |
| 11 | Govt. Assurances | โค 15 | Nominated | One year | โ Excluded |
| 12 | Absence of Members | 15 | Nominated | One year | โ |
| 13 | Rules Committee | 15 | Nominated | Till reconstituted | โ |
| 14 | SC/ST Welfare | 30 (20 LS + 10 RS) | Elected | One year | โ Excluded |
| 15 | DRSCs (24 Committees) | โค 31 (21 LS + 10 RS) | Nominated | One year | โ Excluded |
| 16 | Empowerment of Women | 30 (20 LS + 10 RS) | Nominated | One year | โ Excluded |