Chapter 6- Working of the Constitution

Fundamental Rights
 The fundamentals rights are enshrined in part 3 of the constitution from article 12 to
35. In this regard, the framers of the Constitution derived inspiration from the
Constitution of the USA (that is, the Bill of Rights).
 Part III is rightly described as the Magna Carta of India. It contains a very long and
comprehensive list of 'justiciable' fundamental rights.
 In fact, the Fundamental Rights in our constitution are more elaborate than those
found in the Constitution of any other country in the world, including the USA.
What are Fundamental Rights?
Fundamental rights are the basic human rights enshrined in the Constitution of India which
are guaranteed to all citizens. They are applied without discrimination on the basis of race,
religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject
to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
 They are enshrined in the Constitution which guarantees them.
 They are justiciable (enforceable by courts). In case of a violation, a person can
approach a court of law.

Six fundamental rights in the Indian Constitution.

1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32-35)

There was one more fundamental right in the Indian Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th
Constitutional Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism
and redistributing wealth (property) equitably among the people.
The right to property is now a legal right and not a fundamental right.
1. Right to Equality (Articles 14 – 18)
  The right to equality is one of the important fundamental rights of the Indian
Constitution that guarantees equal rights for everyone, irrespective of religion, gender,
caste, race or place of birth.
 It ensures equal employment opportunities in the government and insures against
discrimination by the State in matters of employment on the basis of caste, religion,
etc. This right also includes the abolition of titles as well as untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practice any profession
 Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and
decency and friendly relations with foreign countries. This means that the State has the right
to impose reasonable restrictions on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar(compulsory labour,
usually without payment), and other forms of forced labour.
It also implies the prohibition of employment of children in factories, etc. The Constitution
prohibits the employment of children under 14 years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions.
There is freedom of conscience, profession, practice and propagation of religion.
The State has no official religion. Every person has the right to freely practice his or her faith,
and establish and maintain religious and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating
them to preserve their heritage and culture. Educational rights are for ensuring education for
everyone without any discrimination.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights.
When these rights are violated, the aggrieved party can approach the courts. Citizens can
even go directly to the Supreme Court which can issue writs for enforcing fundamental
rights.
Features of Fundamental Rights
 Fundamental rights are different from ordinary legal rights in the manner in which
they are enforced. If a legal right is violated, the aggrieved person cannot directly
approach the SC bypassing the lower courts. He or she should first approach the lower
courts.
 Some of the fundamental rights are available to all citizens while the rest are for all
persons (citizens and foreigners).
 Fundamental rights are not absolute rights. They have reasonable restrictions, which
means they are subject to the conditions of state security, public morality and decency
and friendly relations with foreign countries.
 They are justiciable, implying they are enforceable by courts. People can approach the
SC directly in case of violation of fundamental rights.
 Fundamental rights can be amended by the Parliament by a constitutional amendment
but only if the amendment does not alter the basic structure of the Constitution.
 The Fundamental Rights of the Indian Constitution can be suspended during a
national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be
suspended.
 The application of fundamental rights can be restricted in an area that has been placed
under martial law or military rule.
Fundamental Rights Available Only to Citizens
The following is the list of fundamental rights in the Indian constitution that are available
only to citizens (and not to foreigners):
1. Prohibition of discrimination on grounds of race, religion, caste, gender or place of
birth (Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of freedom of: (Article 19)
o Speech and expression
o Association
o Assembly
o Movement
o Residence
o Profession
4. Protection of the culture, language and script of minorities (Article 29).
5. Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country.
They are essential for safeguarding the people’s interests.
According to Article 13, all laws that are violative of fundamental rights shall be void. Here,
there is an express provision for judicial review.
The SC and the High Courts can declare any law unconstitutional on the grounds that it is
violative of fundamental rights. Article 13 talks about not just laws, but also ordinances,
orders, regulations, notifications, etc.

Union-State Relations
The framers of the Indian Constitution pointed out that the Indian scheme was one of
‘Cooperative Federalism,’ which indicates a desire for a federal spirit. Therefore, Indian
federalism aims at promoting close cooperation between the Centre and the State(s).
The Constitution demarcates the areas that can be exclusively legislated by the Centre, those
exclusively legislated by the States, and those concurrently legislated by both the Centre and
the States.
The Union State relations in the legislative sphere have been dealt by Articles 245 to 254.
 The Constitution clearly provides that the Parliament shall have exclusive jurisdiction
to make law for the whole or any part of the territory of India with regard to subjects
mentioned in the Union List.
This list contains subjects like defence, foreign affairs, currency, union duties,
communication, etc.
 On the other hand, the State enjoys exclusive power over the 66 items enumerated in
the State List. This List contains subjects like public order, health, sanitation,
agriculture etc.
 In addition, there is a Concurrent list containing 47 subjects like criminal law and
procedure, marriage, contracts, trust, social insurance etc. over which both the Union
and the State Governments can legislate.
If the law of the Union Government and the State Government come into clash with each
other the former prevails.
However, State law on the Concurrent List shall prevail over the Central law if the same had
been reserved for the consideration of the President and his consent had been received before
the enactment of the Central law on the same subject.
Cooperation Between the Centre and the States
The constitution lays down various provisions to secure cooperation and coordination
between the centre and the states. These include:
(i) Article 261 states that "Full faith and credit shall be given throughout the territory of India
to public acts, records and judicial proceedings of the Union and of every State".
(ii) According to Article 262, the parliament may by law provide for the adjudication of any
dispute or complaint with respect to the use, distribution or control of the waters of, or in, any
inter-State river or river valley.
(iii) Article 263 empowers the President to establish an inter-State Council to inquire into and
advise upon disputes between states, to investigate and discuss subjects in which some or all
of the States, or the Union and one or more of the States, have a common interest.
(iv) As per Article 307, Parliament may by law appoint such authority as it considers
appropriate for carrying out the purposes of the constitutional provisions related to the inter-
state freedom of trade and commerce.

Centre-State Relations during Emergency

(i) During a national emergency (under Article 352), the state government become
subordinate to the central government. All the executive functions of the state come under the
control of the union government.
(ii) During a state emergency (under Article 356), the president can assume to himself all or
any of the functions of the Government of the State and all or any of the powers vested in or
exercisable by the Governor or authority in the State other than the Legislature of the State.
(iii) During the operation of financial emergency (under Article 360), the Union may give
directions to any State to observe such canons of financial propriety as may be specified in
the directions, and to the giving of such other directions as the President may deem necessary
and adequate for the purpose.

Inter-state Relations
Inter-State relations in India refer to the relationships and interactions between the federal
units- states and union territories of India.
Relations of harmony and close cooperation need to exist between the Centre and the state for
the successful functioning of the Indian federal framework.
And this relation is not only limited to Centre-State relations but also between the States.
Therefore, Inter-State councils have been formed by the provisions thoroughly contained in
the Constitution of India to:
 maintain coordination between the states
 mutual understanding and recognition of public acts, records and court proceedings
 resolution of disputes through effective discussion

Article 263
Article 263 of the Indian Constitution empowers the President to lay down the duties of an
inter-state council. In other words, Article 263 provides for the formation of Inter-State
councils by the President of India.
Article 263 assigns duties to the inter-state councils which can be read as-
 enquiring into as well as advising upon specific disputes that may arise among the
states;
 investigating as well as discussing a subject that obliges to the states or the Centre and
the states having a common interest; and
 recommending upon any such subject, along with particularly for the better
concentration of policy as well as action on it.
The Inter-State councils are charged with making recommendations for the efficient
coordination of action and policy with respect to a particular subject.
It is within the law associated with the President to see to the establishment of such a council
and to state the nature of duties or functions to be undertaken by the Inter-State Council,
organization of the body and its proceedings.
The establishment of such an Inter-State council to ensure effective coordination between the
Centre and states and between the states is motivated by public interest, as deemed by the
President.

Why is a harmonious Inter-State relationship essential?

Harmonious Inter-State relations are important for several reasons in India:
National unity and integration: Harmonious Inter-State relations are essential for maintaining
national unity and ensuring the smooth functioning of the country as a single entity.
Economic development: Inter-State cooperation is necessary for the economic development
of the country, as it allows for the free flow of goods, services, and people across state
boundaries.
Maintaining law and order: Inter-State cooperation is crucial for maintaining law and order,
as it enables states to work together to combat crime and terrorism and to ensure the safety
and security of citizens.
Resolving disputes: It helps to resolve disputes between states and prevent conflicts from
escalating. This is particularly important in a federal system like India, where states have a
high degree of autonomy.

Issues pertaining to Inter-State relations in India?

 Disputes over river water sharing:
Water is a scarce resource in India, and disputes over the distribution and use of water often
arise between states.
There have been conflicts between Tamil Nadu and Karnataka over the sharing of water of
the Cauvery River and between Maharashtra and Gujarat over the sharing of water of the
Narmada River.
 Language issues:
There have been conflicts between states over the use of Hindi as the official language of the
country, with some non-Hindi speaking states opposing the imposition of Hindi as the sole
official language.
 Boundary disputes:
Several disputes over the demarcation of state boundaries have arisen in India.
Merapani, a small village adjacent to the plains of Assam's Golaghat district, is claimed by
both Assam and Nagaland.
Maharashtra and Karnataka have locked horns over the Belgaum district.
 Disparities in development:
There are significant disparities in development between different states in India, which can
lead to inter-state tensions.
States with higher levels of development, such as Gujarat and Maharashtra, may feel that they
are contributing more to the national economy and are not receiving their fair share of
resources and benefits.
 Inter-State armed conflict:
Recent incident of firing by the Assam police to catch alleged timber smugglers from
Meghalaya heightened tensions along a stretch of the Inter-State boundary.

Inter-state trade and commerce

Part XIII of the Indian Constitution from Articles 301 to 307 deals with inter-state and intra-
state trade, commerce, and intercourse within the territory of India.
An “interstate commerce” is any trade, commerce, transportation, or communication between
several States or between any foreign country and one State, or between any State and its
own territory or foreign ships.
The problems concerning inter-state trade and commerce are more economic in content than
legal.
The Constitution aimed to promote free trade and commerce in India because it was fully
understood that the country’s economic integration and unity served as the primary
stabilizing force for the advancement of its political and cultural unity and that it should
operate as a single economic unit free from restrictions on internal trade.
Article 301
  As stated in Article 301 of the Constitution of India, all trade, commerce, and
intercourse are free in the country. The exchange of goods and services between
buyers and sellers is referred to as “trade,” as is the transportation of these goods.
 According to Article 301 of the Indian Constitution, the free movement of goods
throughout the country is one of the freedoms as long as those goods are not damaged.

In order to encourage free commerce and trade in our country, the purpose of this provision is
to eliminate border barriers between states and create a single federation.
The Constitution cannot guarantee absolute freedom of trade. The federal government strikes
a balance between the interests of national economic unity and national autonomy.

What are Constitutional Amendments?

Constitutional amendments are formal changes to the Constitution that alter or modify its
original text. An amendment is a change to the existing provisions of the Constitution, and
hence, it amends the original text.
The Constitution allows for amendments through Article 368. This article lays down the
procedure and rules regarding how the Constitution can be amended.

1st Amendment o The state was empowered to make special provisions for the
Act, 1951 advancement of socially and backward classes.
o Introduced the validity of the state’s move to nationalize any business
or trade and the same to not be invalid on the grounds of violation of
the right to trade and business
Important Amendments in Indian Constitution
2nd Amendment Readjustment of the scale of representation in the Lok Sabha by providing that one
member could represent even more than 7,50,000 persons.
Act, 1952
7th Amendment o Abolition of the existing classification of states into four categories, i.e., Part A,
Part B, Part C, and Part D state, and reorganised them into 14 states and 6 union
Act, 1956
territories.
o Extension of the jurisdiction of high courts to union territories and establishment
of a common high court for two or more states.
o Provided for the appointment of additional and acting judges of the high court.
o Amendment of Second Schedule.
o Modifications to the lists relating to the acquisition and requisition of property in
the seventh schedule of the Constitution.

10th Amendment Incorporation of Dadra and Nagar Haveli in the Indian Union in order to enable the
President to make regulations for the peace, progress, and good government of the
Act, 1961 territory.
15th Amendment o The High Courts were enabled to issue writs to any person or authority, even
outside its territorial jurisdiction, if the cause of action arose within its territorial
Act, 1963
limits. Increase in the retirement age of high court judges from 60 to 62 years.
o Amendment in articles 297, 311, and 316.
o Provision for appointment of retired judges of the high courts as acting judges of
the same court.
o Provided compensatory allowance to judges who are transferred from one high
court to another.
o Enabling the retired judge of a high court to act as an ad-hoc judge of the
Supreme Court.

24th Amendment o Affirmation of the power of Parliament to amend any part of the Constitution,
including fundamental rights.
Act, 1971
o It was made compulsory for the president to give his assent to a Constitutional
Amendment Bill.
o The act seeks to amend article 13 of the Constitution to make it inapplicable to
any amendment of the Constitution under article 368.

25th Amendment o Introduction of new Article 31C.

o The amendment act aims to overcome the obstacles that stand in the way of
Act, 1971
putting the Directive Principles of State Policy into action.
o The act limited the fundamental right to property.

26th Amendment Omission of Articles 291 and 362 and insertion of new article 363A that states recognition
granted to Rulers of Indian States to cease and privy purses to be abolished.
Act, 1971
34th Amendment o This amendment act proposed to amend the Ninth Schedule to the Constitution to
include the revised ceiling laws.
Act, 1974
o The act also included twenty more land tenure and land reform acts of various
states in the Ninth Schedule.

38th Amendment o The 38th amendment act of the Constitution seeks to amend articles 123, 213,
239B, 352, 356, 359, and 360 of the Constitution.
Act, 1975
o The emergency was declared as non-justiciable by the president of India.
o The promulgation of ordinances by the president, governors, and administrators
of union territories was made non-justiciable.
o Empowerment of the president to declare different proclamations of national
emergency on different grounds simultaneously.
42nd Amendment o Three new words were added in the 42nd Amendment Act, i.e., socialist, secular,
and integrity, which were added in the Preamble.
Act, 1976 (Mini
o Fundamental Duties were added by the citizens (new Part IV A).
Constitution) o President shall act in accordance with the advice of the Council of Ministers in
*important* the discharge of his functions under Article 74.
o Provided provision for administrative tribunals and tribunals for other matters
(Added Part XIV A).
o Maintenance of seats in the Lok Sabha and state legislative assemblies on the
basis of the 1971 census till 2001.
o Constitutional amendments were made beyond judicial scrutiny.
o The tenure of Lok Sabha and state legislative assemblies was raised from 5 to 6
years.
o As long as certain Fundamental Rights are not violated, laws enacted to
implement Directive Principles cannot be deemed invalid by the courts.
o Added three new Directive Principles of state policy, viz., equal justice and free
legal aid, participation of workers in the management of industries, and
protection of the environment, forests, and wildlife.
o Facilitating the proclamation of national emergency in a part of the territory of
India.
o Extension of the one-time duration of the President’s rule in a state from 6
months to one year.
o Five subjects, including education, forests, wild animal and bird protection,
weights and measures and administration of justice, Constitution, and
organisation of all courts aside from the Supreme Court and the high courts, were
moved from the state list to the concurrent list.
o Establishment of All-India Judicial Service.

44th Amendment o In the 44th Amendment Act, some of the powers of the Supreme Court and high
courts were restored.
Act, 1978
o Replacement of the term “internal disturbance” with “armed rebellion” in respect
of national emergency.
o Made the President declare a national emergency only on the written
recommendation of the cabinet.
o Deletion of the right to property from the list of Fundamental Rights, making it a
legal right.
o Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be
suspended during a national emergency.

51st Amendment Provision of the reservation of seats in the Lok Sabha for Scheduled Tribes in Meghalaya,
Arunachal Pradesh, Nagaland, and Mizoram, as well as in the Legislative Assemblies of
Act, 1984 Meghalaya and Nagaland.
52nd Amendment o This amendment act is also known as Anti Defection Law.
o The act provided for the disqualification of members of Parliament and state
Act, 1985
legislatures on the grounds of defection
o Addition of a new Tenth Schedule containing the details in this regard.

61st Amendment Reduced the voting age from 21 years to 18 years for the Lok Sabha and Assembly
elections.
Act, 1989
65th Amendment Provision for the establishment of a National Commission for Scheduled Castes and
Scheduled Tribes in the place of a Special Officer or SCs and STs.
Act, 1990
69th Amendment Made Delhi the ‘National Capital Territory of Delhi’ along with the provision of a 70-
member assembly and a 7-member Council of Ministers for Delhi.
Act, 1991
73rd Amendment o Panchayati Raj Institutions were included under the Eleventh Schedule that
enumerated the powers and functions of Panchayati Raj Institutions.
Act, 1992
o Provisions for a three-tier model of Panchayati Raj, reservation of seats for SCs
*important* and STs in proportion to their population, and one-third reservation of seats for
women were granted.

74th Amendment o This act granted Constitutional status and protection to the urban local bodies.
o For this purpose, the Amendment has added a new Part IX-A entitled “the
Act, 1992
municipalities.”
*important* o A new Twelfth Schedule was added containing 18 functional items of the
municipalities.

76th Amendment o The act included the Tamil Nadu Reservation Act of 1994, which provides for 69
percent reservation of seats in educational institutions and posts in state services
Act, 1994
in the Ninth Schedule in order to protect it from judicial review.
o In 1992, the Supreme Court ruled that the total reservation should not exceed 50
percent.

77th Amendment o The Scheduled Castes and the Scheduled Tribes have been enjoying the
reservation in the promotion since 1955.
Act, 1995
o This act provided for reservation in promotions in government jobs for SCs and
STs.
o Nullification of the Supreme Court ruling with regard to reservation in
promotions.

80th Amendment An alternative scheme of devolution of revenue for sharing taxes between the Union and
the State was enacted.
Act, 2000
85th Amendment Provided provision for “consequential seniority” in the case of promotion by virtue of the
rule of reservation for the government servants belonging to the Scheduled Castes and
Act, 2001 Scheduled Tribes.
86th Amendment o Elementary education was made a fundamental right.
o The newly-added Article 21-A declares that “the State shall provide free and
Act, 2002
compulsory education to all children of the age of six to fourteen years in such
manner as the State may determine.”
o Changed the subject matter of Article 45 in Directive Principles.
o Addition of a new fundamental duty under Article 51-A, which reads – It shall be
the duty of every citizen of India who is a parent or guardian to provide
opportunities for education to his child or ward between the age of six and
fourteen years.

91st Amendment Limited the size of the Council of Ministers at the Center and in the States to debar
defectors from holding public offices and to strengthen the anti-defection law.
Act, 2003
93rd Amendment Reservation for the socially and educationally backward classes in private unaided
educational institutions except for the minority educational institutions
Act, 2005
97th Amendment This act gave Constitutional status and protection to co-operative societies.
Act, 2012
99th Amendment o Replacement of the collegium system of appointing judges to the Supreme Court
and High Courts with a new body called the National Judicial Appointments
Act, 2014
Commission (NJAC).
o However, in 2015, the Supreme Court declared this amendment act
unconstitutional and void. Consequently, the earlier collegium system became
 operational.

100th Amendment This act amended the Constitution of India to give effect to the acquiring of territories by
India and the transfer of certain territories to Bangladesh in pursuance of the agreement
Act, 2015 and its protocol entered into between the Governments of India and Bangladesh.
101st Amendment Introduction to Goods and Service Tax.
o Goods and Services Tax (GST) is an indirect tax (or consumption tax) used in
Act, 2016
India on the supply of goods and services. It is a comprehensive, multistage,
*important* destination-based tax: comprehensive because it has subsumed almost all the
indirect taxes except a few state taxes.
102nd Amendment o Provided Constitutional status to the National Commission for Backward Classes.
o This act relieved the National Commission for Scheduled Castes from its
Act, 2018
functions with regard to the backward classes.
o It also empowered the President to specify the socially and educationally
backward classes in relation to a state or union territory.

103rd Amendment o Empowered the state to make any special provision for the advancement of any
economically weaker sections (EWS) of citizens.
Act, 2019
o An EWS Certificate is needed in order to avail benefits of the EWS category.
o The state was permitted to set aside up to 10% of seats for certain sections when
it came to admission to educational institutions, including private educational
institutions that were either assisted or unassisted by the state, with the exception
of minority educational institutions. This additional reservation of up to 10%
would be made in addition to the ones already made.

104th Amendment o Extension of deadline for the cessation of seats for SCs and STs in the Lok Sabha
and state assemblies from 70 to 80 years.
Act, 2020
o Removal of the reserved seats for the Anglo-Indian community in the Lok Sabha
and state assemblies.

The 42nd amendment was the most comprehensive amendment which had 59 clauses and carried
out so many changes that it has been described as a "Mini Constitution".
The 52nd amendment was the only amendment to be unanimously adopted by the Parliament.

What are Committees of Parliament?

 A Parliamentary Committee is a panel of MPs that is appointed or elected by the
House or nominated by the Speaker/Chairman.
 The committee works under the direction of the Speaker/chairman and it presents its
report to the House or to the Speaker/chairman.
 Parliamentary Committees have their origins in the British Parliament.
 They draw their authority from Article 105 and Article 118.
Article 105 deals with the privileges of MPs.
Article 118 gives Parliament authority to make rules to regulate its procedure
and conduct of business.
Nature of Parliamentary Committees:

Aid to Parliament: Due to time constraints and the vastness of issues, Parliament wouldn't
function effectively without committees. They undertake detailed examinations, freeing up
Parliament for broader debates and legislation.

Strength in Specialization: Committees focus on specific subjects, gathering expertise and in-
depth knowledge beyond individual MPs' capabilities. This leads to more informed and
nuanced recommendations.

Executive Accountability: Committees act as watchdogs, ensuring transparency and holding

the executive accountable for its actions. They scrutinize policies, expenditures, and
performance, identifying lapses and suggesting improvements.

Public Participation: Committees can invite public submissions and expert testimonies,
facilitating wider engagement in the legislative process. This enhances the democratic
character of governance.

Financial Committees

Departmental
Standing Committees

Committees to Inquire
Standing
Committees
Committees to
Scrutinise and Control
Committees Relating to
Parliamentary the Day-to-Day Business
of the House
Committee in
House-Keeping
India Committees or Service
Committees

Inquiry Committees
Ad Hoc
Committees
Advisory Committees

Standing Committees
They are permanent in nature. They work regularly and are formed by Acts of Parliament

1. Financial Committees
There are three categories of Financial Committees:
 Public Accounts Committee – It examines the annual reports of the Government and
scrutinizes the reports of Comptroller and Auditor General laid in the parliament by
the President.
 Estimates Committee – It examines the estimates of the expenditure proposed by the
government in the budget and suggests ‘economies’ in public expenditure.
 Committee on Public Undertakings- It examines the reports and accounts of public
undertakings

2. Department Standing Committees

There are a total of 24 Departmental Standing Committees. The 16 are under the jurisdiction
of the speaker of the Lok Sabha, and 8 are under the jurisdiction of the speaker of the Rajya
Sabha. Each has 31 members (21 from Lok Sabha and 10 from Rajya Sabha).

Functions of these 24 Departmental Standing Committees are:

1. They work upon the demand for grants of the concerned ministries. They don’t
propose any cut-motion
2. They examine the bills of the concerned ministry
3. They work upon the annual reports of the ministries
4. They also consider policy documents presented the ministries before both the houses
Facts about Departmental Standing Committees:

1. They don’t consider day-to-day administration

2. They generally don’t intervene into matters taken up by another departmental
standing committees
3. Recommendations made them are advisory in nature, hence are not binding on the
Parliament
3. Committees to Inquire
There are three types:

 Committee on Petitions – Whenever there is a petition on a bill or if there is any

matter of general public importance, this committee examines those.
 Committee of Privileges – If any member of the house breaches the code of it, this
committee acts upon it and proposes a suitable action. It is semi-judicial in nature. In
Lok Sabha it has 15 members, in Rajya Sabha, it has 10.
 Ethics Committee – If any member of the house misconducts and shows indiscipline,
this committee acts upon that and decides suitable action.
4. Committees to Scrutinize and Control

There are six types of these committees which are given below:

 Committee on Government Assurance – Whenever a minister makes any promise, or

assure, or take any undertaking in Lok Sabha; this committee examines the extent of
such promises, assurances and undertakings carried through by him/her. It has 15
members in Lok Sabha and 10 members in Rajya Sabha
 Committee on Subordinate Legislation – It examines whether the executives are
exercising well, their powers to make regulations, rules, sub-rules and bye-laws
delegated by the Parliament or conferred by the Constitution. In both the houses, it
comprises 15 people
 Committee on Papers laid on the table – When ministers lay any paper on the table,
this committee scrutinizes the credibility of the paper and if that paper complies with
the provision of the constitution. It has 15 members in Lok Sabha and 10 in Rajya
Sabha.
 Committee on Welfare of SCs & STs – It consists of 30 members. 20 are taken from
Lok Sabha and 10 from Rajya Sabha. Reports of National Commission for SCs and
National Commission for STs are considered by this committee
 Committee on Empowerment of women – The report of National Commission for
women is considered by this committee.
 Joint Committee on Offices of Profit – This committee examines the composition and
character of committees and other bodies appointed by the Central, state and union
territory governments and recommends whether persons holding these offices should
be disqualified from being elected as members of Parliament or not.
5.Committees relating to the day-to-day business of the house

 Business Advisory Committee – It regulates the time-table of the house.

 Committee on Private Members’ Bills and Resolutions – It classifies bills and
allocates time for the discussion on bills and resolutions introduced by private
members
 Rules Committee – If there is any need of amendment in the rules of the house, this
committee makes a proposal
 Committee on Absence of Members – All the leave applications, applied by the
member of the houses are taken up by this committee
6.House-Keeping Committees

There are four types of this committee mentioned below:

 General Purposes Committee – Matters that do not fall under the jurisdiction of other
parliamentary committees are taken up by this committee. The members of this
committee comprise:

o Presiding officer (Speaker / Chairman) as its ex-officio chairman

o Deputy Speaker (Deputy Chairman in the case of Rajya Sabha)
 o Members of the panel of chairpersons (panel of vice-chairpersons in the case
of Rajya Sabha)
o Chairpersons of all the departmental standing committees of the House
o Leaders of recognised parties and groups in the House and,
o Other members as nominated by the presiding officer

 House Committee – The facilities given to the members of the houses in the name of
residences, food, medical aid, etc are supervised by this committee
 Library Committee – The library of the houses and the amenities attached with it are
managed by this committee.
 Joint Committee on Salaries and Allowances of Members

Ad-Hoc Committees
There are two types of ad-hoc committees. They are temporary in nature.

1.Inquiry Committees

These committees can be proposed by either house or can also be appointed by the
speaker/chairman of the respective house. Few examples of Inquire Committees are:

 Joint Committee on Bofors Contract

 Joint Committee on Fertilizer Pricing
 Joint Committee to Enquire into Irregularities in Securities and Banking Transactions
 Joint Committee on Stock Market Scam, etc.

2. Advisory Committees

These committees are select or joint committees appointed for the matters of bills. They
report on particular bills.
They are different from the inquiry committees as the procedure that they follow are laid
down in the Rules of Procedure and also are directed by the Lok Sabha speaker or Rajya
Sabha chairman.
Whenever a bill is introduced in either house, they refer it to the select committee which
scrutinizes it clause-by-clause.