THE CONTEXT: Only 14 PMBs have been enacted into law since India’s independence, with the last one passed in 1970. Notably, the ‘Rights of Transgender Persons Bill, 2014’ introduced by DMK MP Tiruchi Siva was passed by the Rajya Sabha in 2015, marking the first such occurrence in 45 years, though it did not clear the Lok Sabha. These instances underscore the potential of PMBs to address pressing social issues and influence government legislation.
THE CURRENT SCENARIO:
The 17th Lok Sabha (2019–2024) introduced 729 PMBs in the Lok Sabha and 705 in the Rajya Sabha. However, only two were discussed in the Lok Sabha, and 14 were discussed in the Rajya Sabha. In the initial sessions of the 18th Lok Sabha, 64 PMBs were introduced, but none were discussed due to disruptions and prioritization of government business.
CONSTITUTIONAL AND PROCEDURAL FRAMEWORK:
Constitutional Provisions:
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- Article 107 & Article 246: Empower both Ministers and Private Members to introduce legislation, ensuring legislative parity.
- Tenth Schedule (Anti-Defection Law): While aimed at maintaining political stability, it inadvertently restricts MPs’ freedom to support PMBs that diverge from party lines.
Parliamentary Rules:
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- Lok Sabha Rule 26 & Rajya Sabha Rule 24: Designate Fridays for PMBs, typically from 14:30 to 18:00.
- Committee on Private Members’ Bills and Resolutions: Established in 1953 to examine and classify PMBs for prioritization and scheduling.
SIGNIFICANCE OF PRIVATE MEMBERS’ BILLS:
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- Policy Innovation: PMBs often address niche or emerging issues, serving as a testing ground for new policies. For instance, the ‘Right to Disconnect’ Bill highlighted the need for work-life balance in the digital age.
- Democratic Expression: They provide a platform for MPs to voice constituency-specific concerns and propose solutions independent of party mandates.
- Catalyst for Government Action: Notably, the ‘Rights of Transgender Persons’ Bill, introduced as a PMB, laid the groundwork for the government’s subsequent legislation on transgender rights.
THE CHALLENGES:
1. Procedural Erosion and Institutional Marginalization
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- Dilution of Dedicated Time Slots: Although Fridays are earmarked for PMBs, this time is frequently repurposed for government business or lost to adjournments, reducing opportunities for meaningful debate.
- Inadequate Screening Mechanisms: The Committee on Private Members’ Bills and Resolutions faces a significant backlog, clearing only about 12% of submissions annually, leading to delays and diminished legislative engagement.
- Low Legislative Yield: Since 1970, only 14 PMBs have been enacted into law, highlighting the limited success of such initiatives in the legislative process.
2. Structural Disincentives and Political Constraints
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- Anti-Defection Law Constraints: The Tenth Schedule of the Constitution enforces party discipline, discouraging MPs from supporting PMBs that diverge from their party’s stance, thereby stifling individual legislative initiative.
- Executive Dominance: The Cabinet Committee on Parliamentary Affairs often issues adverse briefs on PMBs, effectively vetoing proposals that lack executive endorsement, regardless of their merit.
- Limited Public Visibility: PMBs receive minimal media coverage and public attention, reducing the incentive for MPs to invest time and resources in drafting and advocating for such bills.
3. Operational Challenges and Member Engagement
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- Member Absenteeism: A significant number of MPs are absent during PMB discussions, often due to constituency obligations or lack of interest, leading to quorum issues and stalled debates.
- Lack of Research Support: Many MPs lack access to adequate research and drafting assistance, resulting in PMBs that may be poorly constructed or lack the necessary legal rigor.
- Overlapping Legislative Priorities: Government bills often take precedence over PMBs, with limited parliamentary time allocated to the latter, hindering their progression through the legislative process.
4. Implications for Democratic Governance
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- Erosion of Deliberative Democracy: The marginalization of PMBs undermines the legislature’s deliberative function, limiting diverse viewpoints and reducing the scope for policy innovation.
- Centralization of Legislative Power: The executive’s dominance in legislative affairs diminishes the role of individual MPs, weakening the checks and balances essential for a healthy democracy.
- Reduced Citizen Engagement: PMBs’ limited success and visibility may lead to public disillusionment with the legislative process, affecting citizen participation and trust in democratic institutions.
GLOBAL COMPARATIVE PERSPECTIVE:
| Jurisdiction | Mechanism | Success Rate | Take away |
|---|---|---|---|
| U.K. | Ballot + Ten Minute Rule speeches allow instant first reading; avg. ~6 PMBs become Acts per year. | 4–7 % | Compact time slot; televised interest. |
| Canada | “Private Members’ Business” scheduled four days wk; lottery ensures fairness. | ~20 % | Rotation removes gate keeping. |
| New Zealand | Members’ Bills Ballot every sitting; three slots always active. | 10–15 % | Guaranteed pipeline maintains momentum. |
THE WAY FORWARD:
1. Institutionalizing Dedicated Time Slots for PMBs
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- Action: Amend the Rules of Procedure in both Lok Sabha and Rajya Sabha to designate specific, non-negotiable time slots for PMB discussions, ensuring they are insulated from disruptions or overriding government business.
- Expected Outcome: Enhanced legislative productivity and a reinvigorated platform for MPs to present diverse policy perspectives.
2. Reforming the Anti-Defection Law to Encourage Legislative Independence
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- Action: Introduce amendments to the Tenth Schedule to exempt voting on PMBs from the purview of the anti-defection law, thereby allowing MPs to vote based on conscience rather than party directives.
- Expected Outcome: Empowered legislators capable of addressing constituency-specific issues without fear of party reprisals.
3. Establishing a Legislative Support and Quality Review Mechanism
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- Action: Set up a dedicated cell within the Parliament Secretariat to assist MPs in drafting PMBs, ensuring legal soundness, policy relevance, and alignment with constitutional provisions.
- Expected Outcome: A higher success rate for PMBs and a more robust legislative output reflecting diverse societal needs.
4. Implementing a Fast-Track Mechanism for Broadly Supported PMBs
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- Action: Introduce a provision wherein PMBs endorsed by a significant number of MPs across party lines are prioritized for discussion and voting within a stipulated timeframe.
- Expected Outcome: Accelerated legislative action on pressing issues with cross-party consensus.
5. Leveraging Technology for Enhanced Participation and Transparency
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- Action: Utilize digital platforms to facilitate virtual participation in PMB discussions, enable e-consultations with stakeholders, and disseminate information about upcoming PMBs to the public.
- Expected Outcome: Broader participation in policymaking and increased public trust in parliamentary proceedings.
6. Conducting Regular Audits and Publishing Reports on PMB Performance
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- Action: Mandate the Ministry of Parliamentary Affairs to publish annual reports detailing the number of PMBs introduced, discussed, and enacted, along with reasons for lapses.
- Expected Outcome: Data-driven insights leading to continuous improvement in the handling of PMBs.
THE CONCLUSION:
PMBs are the constitutional “safety‑valve of representative ingenuity.” Their current paralysis reflects the wider phenomenon of executive hegemony within India’s Westminster heritage. Revitalising Private Members’ Business is not a peripheral procedural tweak but central to deepening deliberative federal democracy, nurturing evidence-based policy innovation, and restoring citizen faith in Parliament as a forum of ideas, not merely ratification.
UPSC PAST YEAR QUESTION:
Q. Individual Parliamentarian’s role as the national lawmaker is declining, which has adversely impacted the quality of debates and their outcome. Discuss. 2019
MAINS PRACTICE QUESTION:
Q. Private Members’ Bills (PMBs) have historically served as a “policy sandbox” and democratic safety valve within India’s parliamentary system, yet their practical significance has steadily declined. Discuss
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