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Pre-legislative scrutiny: How can citizens be more actively involved?

December 18th, 2010 1 comment

In recent public discourse over lobbying, two issues that have underscored the debate are:

  1. Greater transparency in the policymaking process, and
  2. Equality of access for all stakeholders in engaging with the process.

There is a need to build linkages between citizens and the policy making process, especially by strengthening scrutiny before a Bill is introduced in Parliament. Currently, there is no process established to ensure pre-legislative scrutiny by the citizenry.

Other democracies incorporate several measures to enhance public engagement in the pre-legislative process. These include:

  • Making all Bills available in the public domain for a stipulated period before introducing them in the legislature. This includes, publishing these Bills in forms (language, medium etc) that are accessible to the general public.
  • Making a report or Green paper on the legislative priorities addressed by the Bill available for citizens.
  • Forming adhoc committees to scrutinise the Bill before it is piloted in the House.
  • Having Standing Committees examine the Bill before introducing it in the House.
  • Providing a financial memorandum for each Bill, which specifies the budgetary allocation for the process/bodies created by the Bill.
  • Creating online fora for discussion. For the sections of the stakeholders who have limited access to the internet, efforts are made to proactively consult them through other media.
  • Expanding the purview of citizens’ right to petition their representatives with legislative proposals.

There are several instances, in the last few years itself, wherein civil society groups have played an active role in the development of pre-legislative scrutiny in India.

  • Public consultation with cross-section of stakeholders when drafting a Bill: The Right to Information Act is seen as a landmark legislation when highlighting the role of civil society actors in the drafting of a Bill.  It also serves as a prime example for how it the movement mobilised widespread public opinion for the Bill, bringing together different sections of the citizenry.
  • Public feedback on draft Bills: In several cases, after a Bill has been drafted the concerned ministry or public body publishes the Bill, inviting public comments. The Right to Education Bill, the National Identification Authority Bill and the Draft Direct Taxes Code Bill 2009 are recent cases in point. These announcements are made through advertisements published in newspapers and other media. For instance, the government has recently proposed to amend the rules of the RTI and has invited public feedback on the rules by December 27.
  • Engaging with legislators: It is important to expand engagement with lawmakers after the Bill has been introduced in Parliament, as they will determine what the law will finally contain.  This is done by approaching individual legislators or members of the committee which is likely to examine the legislation. Standing Committees invite feedback on the Bill through newspaper advertisements.  For instance, the Standing Committee examining the Civil Nuclear Liability Bill heard testimonies from journalists, civil society groups, thinktanks, public bodies and government departments.

The role of the media and channelising the potential of the internet are other key approaches that need to be explored. Other examples and channels of engagement with the legislative process are illustrated in the PRS Primer on Engaging with Policymakers

Parliamentary performance this session

March 15th, 2010 1 comment

The Lok Sabha  adjourns today for a three-week recess.  The Rajya Sabha is scheduled to adjourned on March 18.  Here’s a brief look at the activity of Parliament this session (data till March 15):

Productive Hours: The session has witnessed more than its fair share of disruptions.  In the 14 sitting days, over 22 hours has been lost to interruptions in the Lok Sabha and over 26 hours in the Rajya Sabha.  The number of productive hours so far is 53 and 50 hours in the Lok Sabha and Rajya Sabha respectively.

[Click here to compare with previous sessions.]

The session began with protests by the Opposition, putting pressure on the Government to schedule a debate on price rise.  After the presentation of the Budget, the protests revolved around the petroleum price hike.  The disruptions in the Rajya Sabha were on account of the Women’s Reservation Bill, which resulted in the suspension of seven MPs. On March 9 the Rajya Sabha was adjourned five times, before the passage of the Bill.

Legislative business: This session, the government had listed 63 Bills for introduction, 16 pending Bills for consideration and passing and 10 pending Bills for consideration and passing if their Standing Committee reports are submitted.

Other than financial business transacted, which includes passage of Demand for Grants and Appropriation Bills, the only legislation that has been passed so far is the Women’s Reservation Bill in the Rajya Sabha. The Lok Sabha also has passed one Bill that replaces an Ordinance – the Ancient Monuments and Archaeological Sites and Remains Bill. In the 14 sitting days, the House has spent 6 hours on legislative business.

Question Hour: Another important aspect of parliamentary business is the Question Hour.  Interestingly, the Lok Sabha rules were amended before the start of this session to ensure that the absence of MPs does not result in the collapse of Question Hour.  However, the amount of time spent on questions in both Houses this session has remained under 5 hours.