Select Committee

 

A Select Committee is an Ad Hoc Committee of Parliament constituted for the detailed examination of a particular Bill. It is an important part of the parliamentary committee system because it enables a Bill to be examined in greater detail than may be possible during the normal proceedings of the House. A Select Committee is temporary in nature and performs the specific task for which it has been constituted. After completing its work and submitting its report, it ceases to exist.

In the parliamentary system, legislation generally passes through several stages. Although a Bill is discussed and debated on the floor of the House, the House is a large body and has limited time to examine every provision of a Bill in depth. A Select Committee provides an opportunity for a smaller group of Members of Parliament to undertake detailed scrutiny of the proposed legislation.

Constitution of a Select Committee

A Select Committee is constituted by the House in which the Bill is pending. Therefore, a Bill pending in the Lok Sabha may be referred to a Select Committee of the Lok Sabha, while a Bill pending in the Rajya Sabha may be referred to a Select Committee of the Rajya Sabha.

The House takes a decision to refer a Bill to a Select Committee through a motion. Once the motion is adopted, the members of the committee are appointed or nominated according to the applicable rules of the House.

The committee is constituted specifically for the Bill referred to it. It does not have a permanent existence like the Standing Committees of Parliament.

Nature of the Select Committee

The Select Committee is an Ad Hoc Committee. Ad hoc committees are created for a particular purpose and are dissolved after that purpose has been fulfilled.

This distinguishes a Select Committee from the Standing Committees. Standing Committees have a continuing existence and are constituted or reconstituted periodically, whereas a Select Committee exists only for the specific work assigned to it.

Select Committees on Bills are therefore temporary parliamentary bodies created to undertake detailed legislative scrutiny.

Functions of a Select Committee

The principal function of a Select Committee is to examine and report on the Bill referred to it.

After receiving a Bill, the committee examines its different provisions in detail. It may consider the objectives and principles of the Bill and then undertake a detailed examination of its individual clauses.

The committee can examine whether the provisions of the Bill are clear, appropriate and workable. It may identify difficulties or inconsistencies and suggest suitable modifications.

One of the most important aspects of its work is clause-by-clause consideration. This allows members to examine individual provisions carefully and consider amendments where necessary.

The committee may also hear evidence from experts, organisations, associations and other persons connected with the subject matter of the Bill. Such consultation can provide additional information and help the committee understand the possible consequences of the proposed legislation.

Examination of Amendments

During its examination, the Select Committee may consider proposed amendments to different provisions of the Bill. Members can discuss whether particular clauses should be retained, modified, deleted or supplemented.

After considering the provisions and proposed amendments, the committee prepares its recommendations.

The committee's work therefore helps to improve the technical and substantive quality of legislation before the Bill is finally considered by the House.

Report of the Select Committee

After completing its examination, the Select Committee submits its report to the House.

The report contains the committee's observations and recommendations regarding the Bill. It may recommend amendments to particular clauses or suggest other modifications.

The report is subsequently considered by the House when the Bill comes up for further consideration.

It is important to remember that the recommendations of a Select Committee are not binding on the House. The committee only examines the Bill and submits its recommendations. The final decision regarding the Bill remains with Parliament.

Thus, a Select Committee does not replace the legislative authority of Parliament. Rather, it assists Parliament in performing its legislative functions more effectively.

Importance of Select Committee

The Select Committee system is important for maintaining the quality of parliamentary legislation. A Bill may contain complex legal, administrative, economic or social provisions that require detailed examination. It may not be possible for the entire House to devote sufficient time to every provision.

A Select Committee allows a smaller group of members to study the Bill carefully. It can examine evidence, consult stakeholders and scrutinise individual provisions before submitting its recommendations.

It therefore contributes to:

Detailed legislative scrutiny

Improvement in the quality of Bills

Clause-by-clause examination

Consideration of amendments

Consultation with experts and stakeholders

Greater parliamentary deliberation

Identification of practical difficulties in proposed legislation

The committee system also helps Parliament exercise more effective scrutiny over the legislative process.

Select Committee and Joint Committee

A Select Committee should be distinguished from a Joint Committee on a Bill.

A Select Committee is constituted by one House and consists of members of that House. A Joint Committee consists of members from both Houses of Parliament.

Both are generally constituted for a specific purpose and are therefore ad hoc in nature.

Select Committee Joint Committee

Constituted by one House Consists of members of both Houses

Examines a particular Bill referred to it Examines a particular Bill referred to it

Ad hoc in nature Ad hoc in nature

Members belong to the concerned House Members belong to both Lok Sabha and Rajya Sabha

Submits its report to the concerned House Submits its report according to the terms of reference

Select Committee and Standing Committee

The distinction between a Select Committee and a Standing Committee is important for competitive examinations.

A Select Committee is temporary, whereas a Standing Committee has a continuing character. A Select Committee is created for the examination of a particular Bill or specific task. Once its work is completed and its report is submitted, its existence comes to an end.

Standing Committees, on the other hand, deal with subjects and functions assigned to them on a continuing basis.

Chairperson of the Committee

A Select Committee has a Chairperson who presides over its meetings and conducts its proceedings. The Chairperson plays an important role in organising the examination of the Bill and guiding the committee's deliberations.

The committee works collectively and arrives at its conclusions after considering the views of its members.

Exam-Oriented Summary

A Select Committee is a temporary Ad Hoc Committee of Parliament constituted to examine a particular Bill in detail and submit its report to the House. It normally undertakes detailed, including clause-by-clause, examination of the Bill and may consider amendments and obtain evidence from experts and interested organisations. Its recommendations assist the House but are not binding on it. Once the committee has completed the task assigned to it, its work comes to an end.

Important Facts

1. Select Committee is an Ad Hoc Committee.

2. It is temporary in nature.

3. It is constituted for the detailed examination of a particular Bill.

4. It is constituted by the House concerned.

5. It examines the Bill in detail, including clause-by-clause scrutiny.

6. It may obtain evidence from experts and interested organisations.

7. It considers and recommends amendments where necessary.

8. It submits its report to the House.

9. Its recommendations are not binding on the House.

10. It is different from a Standing Committee.

11. It is different from a Joint Committee on a Bill.

12. It ceases to exist after completing the specific task assigned to it.

Sources

M. Laxmikanth, Indian Polity, Chapter: Parliamentary Committees, McGraw Hill Education.

IGNOU (Indira Gandhi National Open University), School of Law/School of Social Sciences study materials on Indian Parliament, Parliamentary Committees and Legislative Procedure.

Digital Sansad, Parliament of India, Lok Sabha and Rajya Sabha — Parliamentary Committees and Legislative Procedure.

Constitution of India and Rules of Procedure and Conduct of Business in Lok Sabha/Rajya Sabha.