Recently the government released draft rules under the Right to Information Act for consultation before it finalised them.  This process of public consultation on draft rules is a welcome step which is not often followed. Many Acts passed by Parliament 'delegate' the power to make rules and regulations to the executive (government and regulatory bodies such as RBI and TRAI).  The reason is that these rules may need to be changed at frequent intervals (such as, say specifications on food labels), and may not need the time and expense required for amendment to the Act by Parliament.  However, Parliament retains for itself the power to examine these rules.  Most Acts passed by Parliament provide that rules framed under them will be laid before the Parliament.  Any Member of Parliament may demand a discussion on the rules and a vote to modify or nullify them. In practice, a large number of rules are laid before Parliament, making it very difficult for Parliamentarians to examine them effectively.  In the last session of Parliament, more than 1500 documents were laid before Parliament.  No discussion on specific rules has taken place in Parliament in the 14th and 15th Lok Sabha (2004-10). Both the Lok Sabha and Rajya Sabha also have Committees on Subordinate Legislation to examine these rules.  Out of 1515 rules, regulations, circulars and schemes laid before Lok Sabha between 2008 and 2010, the Committee has examined 44 documents.  This amounts to only 3% of the afore-mentioned documents laid before the Lok Sabha. It is important that Parliament oversee the power to make rules that it has delegated to the government.  For that, it needs to invest in strengthening the research staff of the committee on subordinate legislation as well as provide research stafff to MPs.

The winter session has come to an end, but parliamentary committees continue to meet to discuss important issues.  Some of them are:

  • Lok Sabha Committee on Ethics | 21 Dec 2010 | Agenda: Adding to procedure of Lok Sabha,  rules to incorporate a committee on ethics, specify its functions and procedures to be followed by the committee
  • Lok Sabha Committee on Empowerment of Women | 21 Dec 2010 | Agenda: Informal interaction with with NGO Shakti Vahini on the subject Honour Killings and other forms of violence against Women
  • Committee on Water Resources | 21 Dec 2010 | Agenda: Evidence of the representatives of the Ministry of Water Resources on The Dam Safety Bill, 2010
  • Committee on Information Technology | 20 Dec 2010 | Agenda: Briefing meeting with the officials of Ministry of Information and Broadcasting on the subject, Issues related to Paid News
  • Committee on Finance | 21 Dec 2010 | Agenda: 1. Oral hearing of the representatives of (i) Confederation of Indian Industry (CII) and (ii) US India Business Council (USIBC) on the Insurance Laws (Amendment) Bill, 2008’. 2. Further oral evidence of representatives of Ministry of Finance (Department of Revenue) and Enforcement Directorate on ‘Tax exemptions and related matters in respect of IPL/BCCI’