NEWS The new Farm Bills passed by Parliament in monsoon session have evoked a scale of protest unforeseen by the government.The demand for the repeal of the laws essentially points to a serious lapse in the management of the legislative work in Parliament.

PROCESS OF REFINING OF BILLS IN PARLIAMENT

• Parliament is the supreme law making body which has put in place a large machinery of committees to scrutinise the Bills which are brought before it by the government as a part of its legislative programme.
• Rules of the Houses leave it to the Speaker or the Chairman to refer the Bills to the Standing Committees for a detailed scrutiny thereof.
• After such scrutiny is completed, the committees send their reports containing their recommendations on improvements to be made in the Bills to the Houses. While undertaking such scrutiny, the committees invite various stakeholders to place their views before them.
• After elaborate consultation, the committees formulate their views and recommendations.
• The Bills which come back to the Houses after the scrutiny by the committees will be in a much better shape in terms of their content.
• This is the reason why the Rules of the Houses provide for reference of the Bills to the committees.

DISCRETION OF SPEAKER/CHAIRMAN

• The reference to the committees is within the discretion of the Speaker or the Chairman. They can exercise their discretion to refer to the committee an important Bill which has serious implications for society.

HISTORY OF LEGISLATION

• Improving the pieces of legislation through detailed scrutiny by Parliament through its committees is historically an ancient practice.
• The Indian experience of legislative scrutiny of Bills goes back to the post ­Montagu–Chelmsford Reforms. The Central Legislative Assembly which was the Parliament of British India, had set up three committees: Committee on Petitions relating to Bills, Select Committee of Amendments of standing orders and Select Committee on Bills.

EXAMPLES OF REFINING OF IMPORTANT BILLS FROM THE PAST

• The Protection of Plant Varieties and Farmers’ Rights Bill was introduced in 1999 in the Lok Sabha and was immediately referred to a joint committee of both Houses. This Bill was meant to develop new varieties of plants and protect the rights of farmers and breeders. The Standing committee on it made many improvements by way of bringing greater clarity into various terms and concepts.
• The Seeds Bill, 2004 was referred to the Standing Committee on Agriculture which obtained the views of agricultural research institutions, agricultural universities, national and State seed corporations, private seed companies, scientists, farmers’ organisations, non­governmental organisations and individuals. Through the process of consultation with a wide range of experts and research organisations and farmers, the committee made significant improvements in the Bill, as a result, there was a better law on seeds.
• The Lokpal and Lokayuktas Bill which was introduced in the Lok Sabha in 2011, which was referred to the Committee, was again referred to a Select Committee of the Rajya Sabha when it was transmitted to that House after being passed by the Lok Sabha. Thus, this Bill underwent double security by two committees of Parliament which greatly improved the Bill’s content.

PRESENT SITUATION

• Parliament established a vast network of committees to undertake scrutiny of various aspects of governance including the Bills. 
• But now, data shows  that, now very few Bills are referred to the Parliamentary Committees, in a hurry to pass them. Ministers often request the Presiding Officers not to refer their Bills to the committees.

WAY FORWARD

• Functioning by consensus- Our Parliamentary Committees have a tradition of working in a non ­party manner. The reports of these Committees are based on consensus. The systems of Parliament are inclusive. They have the capacity to harmonise contradictions. 
• Despite the adversarial politics playing out in full force in the Houses, the calm atmosphere prevailing in the committee rooms and the purposiveness shown by the members in dealing with issues are a tremendously reassuring factor. To make these systems gradually non functional and irrelevant is to invite disaster.
• Role of presiding officer- The Presiding Officers independent judgments in the matter can play a critical role in avoiding such mishappening.

Reference:

https://www.thehindu.com/opinion/lead/pointing-the-finger-at-parliamentary-scrutiny/article33309735.ece