© The Indian Express Pvt Ltd
Tags:
Journalism of Courage
Law Minister Arjun Ram Meghwal will move a motion in Parliament on Thursday (December 19) for the Bills on the ‘One Nation, One Election’ proposal to be referred to a joint committee for further examination.
The JPC to examine the Bills will have 21 members from the Lok Sabha and 10 members from the Rajya Sabha, including Congress leaders Priyanka Gandhi Vadra and Manish Tewari, BJP’s Bansuri Swaraj and Anurag Singh Thakur, and NCP’s Supriya Sule.
Meghwal is also set to propose that the committee submit its report on the Bills on the first day of the last week of the next session. What exactly are JPCs supposed to do and how are they constituted? We explain.
A Joint Parliamentary Committee (JPC) is set up by the Parliament for a special purpose, like the detailed scrutiny of a subject or Bill. As the name suggests, it has members from both the Houses and from the ruling parties and the opposition. It is dissolved after its term ends or its task has been completed.
Some examples of joint committees include one on the Waqf Amendment Bill, 2024, set up in August this year, and on The Personal Data Protection Bill of 2019. Others are mandated to investigate alleged irregularities, such as of a financial nature. For instance, Congress members demanded earlier this year that a JPC investigate Hindenburg Research’s allegations against Sebi chairperson Madhabi Puri Buch.
A JPC is set up after one House of Parliament has passed a motion and the other has agreed to it. Members of the JPC are decided by the Parliament. The number of members can vary.
According to an article on PRS Legislative Research, the mandate of a JPC depends on the motion constituting it. For example, “The terms of reference for the JPC on the stock market scam asked the committee to look into financial irregularities, to fix responsibility on persons and institutions for the scam, to identify regulatory loopholes and also to make suitable recommendations,” the PRS article said.
To fulfil its mandate in investigating an issue, a JPC can scrutinise documents and summon people for questioning. It then submits a report and makes recommendations to the government.
The proceedings and findings of the committee are confidential, except in matters of public interest. The government can decide to withhold a document if it is considered prejudicial to the safety or interest of the State. The Speaker has the final word in case of a dispute over calling for evidence.
While the recommendations of a JPC have persuasive value, they are not binding on the government. The government can choose to launch further investigations based on what the JPC has said, but it can’t be forced to do so.
“The government is required to report on the follow-up action taken on the basis of the recommendations of the JPC and other committees. The committees then submit ‘Action Taken Reports’ in Parliament on the basis of the government’s reply,” the PRS article says.
A few JPCs have earlier been set-up, having investigative powers:
(i) to examine matters relating to Allocation and Pricing of Telecom Licenses and Spectrum
(ii) on Pesticide Residues in and Safety Standard for Soft Drinks, Fruit Juice and other Beverages
(iii) on Stock Market Scam and Matters Relating thereto
(iv) to enquire into irregularities in Securities and Banking Transactions
(v) to enquire into Bofors Contract
(vi) to examine the Constitutional and Legal Position Relating to Office of Profit.”
This is an updated version of an explainer first published in 2023.
