Why in the News?
As per PRS Legislative Research report, the space for private members' bill has declined in both the Houses of the Parliament in recent years.
What is a Private Member's Bill?
- About: A Member of Parliament, other than a Minister (both elected and nominated) is known as a Private Member. A bill initiated by any such Member is called a Private Member's Bill (PMB).
- Drafting of such a bill is responsibility of the Member introducing it.
- Mechanism: A one month notice is given before the introduction of the bill with the permission of Speaker (Lok Sabha) or Chairman (Rajya Sabha). If the bill is selected then:
- Lok Sabha allots last two-and-a-half hours of business every Friday for consideration and discussion on the Bill.
- Rajya Sabha allots two and a half hours (from 2.30 p.m. to 5.00 p.m.) on every alternate Friday.
- The first private member bill passed was the Muslim wakfs bill,1952 which was introduced by Syed Mohammed Ahmad Kasmi.
What is the significance of PMBs?
- Policy Innovation: They allow MPs to propose novel ideas or address issues overlooked by the government.
- E.g., Right to Disconnect Bill 2019 introduced by a private member, granting employees the legal right to disengage from work-related communication beyond official working hours.
- Reform Potential: They can spark debate on outdated laws or emerging issues.
- E.g., The Rights of Transgender Persons Bill, 2014, was first introduced by a Private Member which then inspired the government to introduce its own Bill on transgender rights.
- Expression Beyond Party Line: They enable MPs to voice independent views, free from party whip constraints under 10th Schedule, fostering democratic participation.
- Checks and Balances: These act as a tool for MPs to hold the government accountable by proposing alternative policies.
Why are PMBs in Decline?
- Disruptions: Frequent adjournments and chaotic sessions reduce time for PMB discussions.
- E.g., in the 17th Lok Sabha (2019-24), 729 PMBs were introduced in the Lok Sabha and 705 in the Rajya Sabha. However, only 2 in the Lok Sabha and 14 in the Rajya Sabha were ever discussed.
- Procedural Issues: It takes years for legislation moved by private members to come up for discussion due to limited time (only 2–3 hours weekly).
- The Speaker/Chairman's discretionary power to admit or reject bills can be influenced by political considerations.
- Resource Constraints: Private members lack research support, drafting expertise, or institutional backing, unlike government bills.
- Low Success Perception: The historically low passage rate discourages MPs from investing effort in PMBs.
- E.g., only 14 private member bills have become law till date and the last such bill was passed in 1970.
- Lack of Political Will: Many private MPs have pointed out that governments prioritize their own legislative agenda, sidelining PMBs.
Way Forward
- Streamlining Procedures: Allocate fixed, uninterrupted time for PMB discussions, digital tracking of such bills, etc. to ensure at least a few bills are debated each session.
- Amendments to the Rules of Procedure and Conduct of Business can explicitly protect the allotted time from being overridden by other agendas.
- Research Support: Establish a dedicated research unit (likethe UK's Public Bill Committee) to assist MPs in drafting robust bills.
- Institutionalised Mechanism: Parliament can introduce a dedicated review committee for screening Bills for quality, relevance, and constitutionality and recommend a priority list for discussion based on public importance and encouraging cross-party support.
- UK's 10-Minute Rule Model can also be adopted where MPs can introduce short bills with brief speeches to make their case for a new Bill.