JOINT PARLIAMENTARY COMMITTEE WHY IN NEWS?

Recently, the Opposition requested a Joint Parliamentary Committee (JPC) to investigate the allegations from Hindenburg Research regarding SEBI chairperson Madhabi Puri Buch.

What exactly is a Joint Parliamentary Committee (JPC)?

• Background: A structured committee system was established in India in 1993 to enhance parliamentary oversight of government operations.

About Joint Parliamentary Committee:

• A Joint Parliamentary Committee (JPC) is created by Parliament for a particular purpose, such as examining a subject or Bill in detail.

• It includes members from both Houses, representing both the ruling parties and the opposition.
• The Parliament decides the members of the JPC.
• There is no fixed number of members for the committee.
• It is dissolved after its term ends or when its task is completed.
• The recommendations made by the committee are advisory and not binding on the government.
• A JPC is established through a motion passed in one House and approved by the other.
• Its members comprise MPs from both the Lok Sabha and Rajya Sabha, based on party strength, with representation in the Lok Sabha being twice that of the Rajya Sabha.
• Therefore, a JPC serves as an ad-hoc body that operates like a mini-parliament, focusing on a detailed examination of a specific issue within a certain timeframe.

How many JPCs have been established so far?

• Although numerous joint committees have been established since Independence, four major JPCs have been formed to examine important and contentious issues.
• These include:
  • Joint Committee on Bofors Contracts;
  • Joint Committee to investigate irregularities in securities and banking transactions;
  • Joint Committee on the stock market scam; and
  • Joint Committee on pesticide residues and safety standards in soft drinks.

Membership details and topics are also determined by Parliament.

 For instance:

• The motion regarding the stock market scam established a JPC consisting of 30 members, with 20 from the Lok Sabha and 10 from the Rajya Sabha.
• The motion to establish the JPC on pesticides comprised 10 members from the Lok Sabha and 5 members from the Rajya Sabha.
• The terms of reference for the JPC investigating the stock market scam instructed the committee to:
  • Examine financial irregularities,
  • Assign responsibility to individuals and institutions involved in the scam,
  • Identify regulatory loopholes, and
  • Provide appropriate recommendations.

How effective have JPCs been?  

1. The recommendations made by JPCs carry persuasive weight, but the committee cannot compel the government to act on its report.  
2. The government may choose to initiate new investigations based on a report.  
3. It is mandatory for the government to report on the follow-up actions taken in response to the JPC’s recommendations.  
4. Subsequently, the committee presents ‘Action Taken Reports’ in Parliament based on the government’s response.  
5. These reports can be debated in Parliament, allowing members to question the government based on the findings.  

Constitutional Provisions:

• The authority of parliamentary committees is derived from Article 105, related to the privileges of Parliament members, and Article 118, which allows Parliament to formulate rules governing its procedures and conduct of business.

The Joint Parliamentary Committees established to date include the following cases:  

– Bofors scandal (1987)  

– Harshad Mehta stock market scam (1992)  

– Ketan Parekh share market scam (2001)  

– Pesticide residues in soft drinks issue (2003)  

– 2G spectrum case (2011)  

– VVIP chopper scam (2013)  

– Land Acquisition (2015)  

– NRC (2016)  

– Personal Data Protection Bill (2019)

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