Private Members' Bills in Indian Parliament

Private Members' Bills in Indian Parliament

In recent years, Private Members' Bills have seen a significant decline in the Indian Parliament, primarily due to limited time allocation and the prioritization of government business. This trend has raised concerns about the diminishing role of individual Members of Parliament (MPs) in the legislative process, which could potentially affect the health of parliamentary democracy. The 17th Lok Sabha (from June 2019 to February 2024) saw an especially sharp decline in the time allocated to these bills.

What is a Private Members' Bill?

About:

• Private Members' Bills are introduced by MPs who are not part of the government (i.e., they are not Ministers).

• These bills allow MPs to propose laws or amendments on issues of personal, regional, or national importance that might not be on the government’s immediate agenda.

Key Features:

• Non-government MPs: Only non-government MPs can introduce these bills, which allows them a degree of independence in addressing issues that may not align with party positions.

• Resolutions: MPs can also introduce resolutions to draw attention to matters of importance or urgency, though these are not legislative in nature.

• Platform for Expression: Private Members' Bills offer MPs a platform to express views on significant or controversial matters without party pressure.

Procedure:

1. Drafting and Notice: MPs draft the bill and submit it with at least a month’s notice before it is formally introduced.

2. Introduction: The bill is introduced in Parliament, followed by initial discussions.

3. Debate: If selected, the bill is debated, but these discussions are usually limited to Friday afternoon sessions when the attendance of MPs is low.

4. Decision: Bills may be withdrawn or, rarely, proceed to a vote and be passed.

Historical Example:

• In 1966, H.V. Kamath introduced a Private Member's Bill to amend the Constitution and make only Lok Sabha members eligible for the post of Prime Minister, following the death of Prime Minister Lal Bahadur Shastri.

• Since independence, only 14 Private Members' Bills have been passed, and none have passed since 1970.

• The Rights of Transgender Persons Bill (2014) was the first Private Member’s Bill approved by the Rajya Sabha in 45 years, but it lapsed before it could be taken up by the Lok Sabha.

Why is There a Decline in Private Members’ Bills?

1. Lack of Time and Attention:

   • According to PRS Legislative Research, the 17th Lok Sabha allocated just 9.08 hours for Private Members' Bills, a tiny fraction of total session hours.

   • In the 18th Lok Sabha (two sessions), only 0.15 hours were allocated in the Lower House (Lok Sabha) and 0.62 hours in the Rajya Sabha. The time spent on resolutions was also minimal.

   • Most of the time allocated to Private Members' Bills is on Fridays, which is traditionally when MPs leave for their constituencies, leading to low attendance and less debate.

2. Lack of Seriousness from MPs:

   • A major reason for the decline is that many MPs themselves skip discussions or show little interest in advancing their bills.

   • The lack of participation indicates that Private Members' Bills are not being treated with the seriousness they deserve.

3. Scheduling Issues:

   • The fact that these bills are often scheduled for Fridays results in limited discussion time, further diminishing their importance in the overall functioning of the Parliament.

4. Government Dominance:

   • The overwhelming focus on government-sponsored legislation has marginalized the space available for Private Members' Bills.

   • Many MPs view the government's business as more important for advancing their political careers, leaving little room for individual contributions.

Potential Revival of Private Members’ Bills

To address this issue and ensure that Parliament remains a platform for diverse voices, a few strategies could be considered:

1. Shifting to Midweek Sessions:

   • Moving Private Members' Bills from Fridays to midweek (e.g., Wednesday or Thursday) could boost participation and create a more conducive environment for debate and discussion.

2. Increased Support for MPs:

   • Encouraging MPs to actively participate in introducing and discussing their own bills can be facilitated by ensuring better institutional support, including research assistance and expert consultations.

3. Public Awareness:

   • Raising awareness among the public and media about the importance of Private Members' Bills could generate grassroots support, motivating MPs to take these bills more seriously.

4. Streamlining the Process:

   • Parliament could work on improving the procedural aspects for Private Members' Bills to make it easier for MPs to get the necessary time and attention, reducing procedural bottlenecks.

Conclusion

The decline of Private Members' Bills in Indian Parliament is a concerning development, as it limits the scope for MPs to independently represent the needs of their constituencies and contribute to national legislation. While the government’s dominance in parliamentary affairs is natural, it is crucial to preserve the constitutional space for individual expression through Private Members' Bills. Moving these bills to midweek sessions and encouraging more active participation could revitalize this aspect of parliamentary democracy, thereby enhancing its effectiveness and representativeness.