Committee on Subordinate Legislation - Indian Polity Notes

Committee on Subordinate Legislation’s objective is to scrutinize and report to the Council whether the powers to make rules, regulations, bye-laws, schemes or other statutory instruments conferred by the Constitution or delegated by Parliament have been properly exercised within such conferment or delegation, as the case may be.

In this article, we will look at the composition, Quorum and functions of this Committee in brief.

What Is The Committee On Subordinate Legislation?

• It looks at whether the executive branch is properly utilising its authorities to enact regulations, rules, sub-rules, and bye-laws that have been delegated by Parliament or bestowed by the Constitution.
• The Committee is present in both houses of the parliament.

Composition:

• It consists of 15 members in both houses. Members are nominated by the Speaker or Chairman in Loksabha and Rajyasabha respectively.
• Ministers can’t be members of this committee.

Chairman:

• The Chairman of the Committee is appointed by the Speaker or Chairman among its members.
• Chairman has only a casting vote in discussions.

Quorum:

• To constitute a meeting, a minimum of five members must attend.

Powers:

• The Committee has the power to seek the attendance of people or production of documents necessary to discharge its duties.

Functions:

• Whenever a rule, regulation, order or by-law is referred to the committee its looks for the following:
  • Whether the order is in accordance with the constitution.
  • Whether the order contains tax imposition.
  • Whether the order bars the jurisdiction of the Court.
  • Whether it involves any expenditure from the Consolidated Fund of India, etc.

Report:

• The Committee Chairman submits a report to the Council of Ministers.

Conclusion

There are many Parliamentary committees functioning in both the houses of the parliament to look after key issues. The Committee on Subordinate Legislation is one such to look into statutory power delegation and appropriate usage of it. A specific body must be included in a committee to assess whether the delegated job is progressing in the appropriate direction and effectively.

FAQs

MCQs

Question: Consider the following statements regarding the Committee on Subordinate Legislation in Rajya Sabha:

1. It consists of 15 members.
2. The Chairman of the Committee is appointed by the Chairman of Rajya Sabha among its members.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2