Committee on Petitions
The reports of the Committee on Petitions are to be presented in the Lok Sabha.
What is the Committee on Petitions?
1. In a Parliamentary democracy, the offices of the Members of Parliament are used by the citizens to get their grievances redressed.
2. The parliamentary procedures and devices like discussions, half-an-hour discussions, questions and calling attention notices are used by MPs.
3. Similar to that, Committee on Petitions is a forum for citizens to seek redressal for any legitimate grievance against the Government or any public authority.
4. There are Committees on Petitions in both the Houses of Parliament, with members nominated by the chairman of Rajya Sabha or Speaker of Lok Sabha.
When was it established?
1. The committee on petitions is one of the oldest committees of parliament that is in existence since the Pre-independence period.
2. It originated from a resolution moved in the then Council of states in 1921 that called for the setting up of a committee on public petitions with powers to take evidence.
3. Though the Government did not favor giving such powers to the legislature, it recognized the right of petitioning the legislature limited to public businesses.
4. The committee received its present nomenclature i.e. ‘Committee on Petitions’ in 1933.
5. Article 350 of the Constitution states that “every person shall be entitled to submit a representation for the redressal of any grievance to any officer or authority of the Union or a state in any of the languages used in the union or in the state as the case may be”.
What is the scope and functions?
1. The petitions can also be presented on any matter of general public interest under certain conditions. Except for:
a. If the issue falls within the cognizance of a court of law having jurisdiction in any part of India or a court of inquiry or a statutory tribunal or an authority or a quasi-judicial body or commission.
b. If the petition raises the matters which are not primarily the concern of the government of India.
c. Issues that can be raised on a substantive motion or a resolution
d. Issues for which remedy is available under the law including rules, regulation or by-laws made by the central government or by an authority to whom powers to make such rules or regulations or by-laws is delegated.
2. The committee examines every petition referred to it and reports to the House on specific complaints contained in the petition.
3. The committee is empowered to take such evidence or call for such papers as it deems fit to report on the specific complaints.
4. It is empowered to make recommendations about specific complaints contained in the petition and also to suggest remedial measures.
4. It orders circulation of petitions dealing with Bills or matters pending before the House.
5. As regards the petitions on matters of general public interest the committee examines them, calls for formal comments from the relevant Ministries or departments and also examines witnesses.
6. It also undertakes on the spot study tours to attain first-hand knowledge of the problem mentioned in the petition.
7. The report of the committee is presented to the House by the chairman of the committee or in his absence, by any member of the committee so authorized by the committee.
8. After making the recommendation, the committee pursues the matter with the government in order to ensure effective implementation.
9. The concerned Ministries and departments of the government are also required to inform the committee within 6 months from the date of presentation of the report about the action taken or proposed to be taken by them.
10. If the Ministry or department faces difficulty in implementing any of the recommendations, they must state the nature of the problem giving convincing reasons.
Why is this Committee important?
1. There are a lot of issues which are agitating the public and unless they get to ventilate those issues before the parliament, they cannot get the relief.
2. Not all matters can be raised in the house by MPs.
3. If a citizen files a petition and an MP sponsors it, then the committee can examine it and make recommendations based on which, a new legislation or a policy decision can be made by the government.
4. The committee has become a very important democratic tool for governance.
How can a petition be filed?
1. A petition has to be in a prescribed form as set out in the ‘Rules of Procedure and Conduct of Business’ in Rajya Sabha.
2. The petition can be filed in either Hindi or English. If it is any other language, it should be accompanied by translation either in Hindi or English.
3. The petition must contain a concise statement of the grievance(s).
4. The petition should also contain the name and designation or description of the petitioner with full address and signature or the thumb impression.
5. Every petition that is to be presented by a member needs to be countersigned by that MP.
6. In Rajya Sabha, a member who desires to present a petition to the house has to give advance notice. If the Chairman admits the petition, the member can present it.
7. The Rules of Procedure also permit the reporting of the petitions received in the office by the secretary-general in the house.
8. The petition can be sent through the post, e-mail or any other electronic medium.
Which type of petitions are not admissible?
1. Petitions suggesting remission or abolition of existing taxes or imposition of fresh taxes.
2. Suggesting the withdrawal of money from the consolidated fund of India towards expenditure by the government.
3. Petitions suggesting amendments to the constitution.
Which are some important recommendations?
1. The leather factory in Kanpur was nationalized based on the committee’s recommendation, as the workers had to be laid off.
2. Sales Promotion Employees (condition of service) Act, 1975 was formulated to regulate the working conditions of medical representatives and salesmen employed by pharmaceutical companies
3. Procedure for allotment of LPG dealership to economically weaker sections of the society was streamlined.
4. Its recommendations resulted in the Ministry of Labor undertaking a major program to eliminate child labor in hazardous industry including Beedi workers by the year 2000.
5. It recommended that RBI must be autonomous in law and the audit of banks and financial Institutions must be immediately brought within the ambit of CAG.
6. It recommended manning of all unmanned level crossings in a phased manner with separate budgetary outlay every year. These recommendations were implemented by the Ministry of Railways.
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