How is the parliament dependent on the
executive for enacting laut? Do you
think it has a positive or a negative
effect on the proposed low)
Dorel
Answers
Answer:
The relationship between the Executive and the Parliament is the buckle which joins a system of government. It determines the character of national politics, the role of key public institutions, and the balance between government and the broader political system. In Australia, the reluctance of our founders to make explicit the relationship between Ministers and the Parliament has allowed disciplined political parties to thrive and has facilitated Executive dominance. Power has become skewed in the Executive's favour, replacing the Parliament as the primary forum for decision making with the party room. The folly at the heart of the founders' blueprint for the Australian system of government was the presumption that 'responsible government' would exist despite warnings of impending party consolidation. Today's system of party, rather than parliamentary, government is the result of gaps left in the Commonwealth Constitution.
(a) to consider the Demands for Grants of the related Ministries/ Departments and report thereon. The report shall not suggest anything of the nature of cut motions;
(b) to examine Bills, pertaining to the related Ministries/Departments referred to the Committee by the Chairman or the Speaker, as the case may be and report thereon;
to consider the annual reports of the Ministries/Departments and report thereon; and
________________________________________ *For details, see annexure.
(d) to consider national basic long term policy documents presented to the Houses, if referred to the Committee by the Chairman or the Speaker, as the case may be and, report thereon.These Standing Committees are not to consider matters of day-to-day administration of the related Ministries/Departments.
While inaugurating the Department-related Standing Committee System on 31st March, 1993, the then Vice-President of India and the Chairman, Rajya Sabha, Shri K.R. Narayanan highlighted the purpose of these Committees by saying that these Committees would -
A N N E X U R E
DEPARTMENT-RELATED STANDING COMMITTEES
RAJYA SABHA
1. Committee on Commerce (i) Commerce and
Industry
(ii) Textiles
2. Committee on Home Affairs (i) Home Affairs (ii) Law, Justice &
Company Affairs
(iii) Personnel, Public
Grievances &
Pensions
3. Committee on Human (i) Human Resource
Resource Development Development
(ii) Culture, Youth
Affairs and Sports
(iii) Health and Family
Welfare
4. Committee on Industry (i) Heavy Industries &
Public Enterprises
(ii) Steel
(iii) Mines and Minerals
Small Scale
Industries and Agro
and Rural Industries
5. Committee on Science & (i) Science & Technology
Technology, Environment (ii)Information
& Forests Technology
(iii) Space
(iv)Ocean Development
Environment &
Forests6. Committee on Transport & (i) Civil Aviation
Tourism (ii) Surface Transport
(iii) Tourism
LOK SABHA
1. Committee on Agriculture (i)Agriculture (ii)Water Resources2. Committee on (i) Information &
Communications Broadcasting
(ii)Communications
3. Committee on Defence Defence 4. Committee on Energy (i) Non-conventional Energy Sources (ii)Power (iii)Atomic Energy5. Committee on External External Affairs
Affairs
6. Committee on Finance (i)Finance (ii)Planning (iii)Statistics and Programme Implementation
7. Committee on Food, Civil Consumer Affairs &
Supplies and Public Public Distribution
Distribution
8. Committee on Labour (i) Labour and Welfare (ii) Social Justice &
Empowerment
(iii) Tribal Affairs
9.Committee on Petroleum & (i) Petroleum & Natural Chemicals Gas (ii) Chemicals &
Fertilizers
10. Committee on Railways Railways
11. Committee on Urban and (i) Urban Development Rural Development (ii) Rural Development
(iii)Urban Employment
and Poverty
Alleviation
REFERENCES
1. Constituent Assembly Debates (C.A. Deb.). Vol. VII; pp, 31-32.
2. B. Shiva Rao, The Framing of India's Constitution, p. 334.
3. C.A. Deb. Ibid, pp. 32-33.
4. Constitution of India, Article 54.
5. Constitution of India, Article 79.
6. Constitution of India, Article 75.
7. Constitution of India, Article 85.
8. Constitution of India, Article 87.
9. In re. Delhi Laws Act (1912), AIR 1951, SC 332.
10. Articles 245-246 and the Seventh Schedule.
11. Articles 12-35 and 226.
12. K.G. Thomas vs. Commissioner of Income-tax, Madras, AIR 1958 Ker 6.
13. Kesavanand Bharti vs. State of Kerala, AIR 1973, SC 1461.
14. Articles 52-53 and 77.
15. Articles 74 and 78, see Rai Sahib, Ram Jawaya Kapur vs. the State of Punjab, AIR 1955, SC 549.
16. H.V. Wiseman, Parliament and the Executive, p. xiii.
17. Ibid, p. 13.
18. Halsbury, Laws of England, 3rd Edition, Vol. 28, 1959, pp. 300-301.
19. J.S. Mill, Considerations of Representative Government, pp. 229-235 and 239--241.
20. A.H. Birch, Representative and Responsible Govern-ment, pp. 166-67.
21. Kaul and Shakdher, Practice and Procedure of Parliament, 3rd Edition, p. 918.
22. Dr. Subhash C. Kashyap, The Parliament and the Executive in India (Published in the Journal of Society of Clerks-at-the-Table, Vol. XLIX)
23. S.L. Shakdher, Glimpses of the Working of Parliament. pp, 180-184.
24. Ibid.
25. Article 75.
26. Articles 114-116 and 265.
27. Parliaments of the World, IPU, 1976, pp, 801-802 and 825-827.
28. Kaul and Shakdher, op. cit, p. 586.
29. Rules of Procedure and Conduct of Business in Lok Sabha, Rule 198.
30. Ibid, Rule 56.
31. Articles 114-116 and 265.
32. V.S. Rama Devi, Parliament of India - An Introduction, 1995.