Q. Discuss the significance of referring contentious legislations to a Joint Parliamentary Committee (JPC) for strengthening parliamentary...

Model Answer

Q. Discuss the significance of referring contentious legislations to a Joint Parliamentary Committee (JPC) for strengthening parliamentary democracy in India.

(10 marks 150 Words)

Paper

GS II

Subject

Indian Polity

Syllabus as Per Notification

Parliament and State Legislatures—Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these.

Topic

Referring Bills to Joint parliamentary Committee (JPC)

Approach:

Introduction

Introduce with the recent context of referring FCRA bill to JPC

Body

Significance of referring Bills to a Joint Parliamentary Committee (JPC)

Deepens legislative scrutiny and improves quality, converts political disagreement into deliberation, promotes representative and participatory law-making, strengthens executive accountability, provides constitutional and federal safeguards, facilitates consensus-building, checks majoritarianism and strengthens democratic legitimacy.

Conclusion

Conclude by emphasising JPCs can transform contentious legislation from a source of political confrontation into an opportunity for reasoned deliberation, wider consultation.

Context

The Foreign Contribution (Regulation) Act (FCRA) Amendment Bill, 2026 was referred to a Joint Parliamentary Committee (JPC)

Introduction

In a parliamentary democracy, legislation must be not merely expeditious but also deliberative, consultative and accountable. Recent proposal to refer the Foreign Contribution (Regulation) Amendment Bill, 2026 to a Joint Parliamentary Committee (JPC) of 31 Members (21 Lok Sabha +10 Rajya Sabha) amid political disagreement, highlights the importance of committee scrutiny in improving the quality and legitimacy of law-making.

Body

Significance of referring Bills to a Joint Parliamentary Committee (JPC)

Deepens legislative scrutiny and improves quality

JPCs enable clause-by-clause examination, expert consultation and identification of legal or administrative gaps, leading to more coherent and implementable legislation.

Corporate Laws (Amendment) Bill, 2026 was referred to a JPC for detailed examination of its complex regulatory provisions.

Converts political disagreement into deliberation

JPC referral provides a structured forum to address contentious issues through evidence, consultation and negotiation, reducing parliamentary deadlock and disruption.

FCRA Bill referral to JPC created space for Government–Opposition engagement while addressing stakeholder concerns.

Promotes representative and participatory law-making

JPCs bring MPs across party lines together and can incorporate views of experts, civil society, professional bodies and affected stakeholders, making legislation more inclusive.

JPC on the Waqf Amendment Bill, 2025 enabled cross-party deliberation and examination of amendments.

Strengthens executive accountability

JPC scrutiny enables Parliament to examine the assumptions, implications and exercise of executive power underlying legislation.

Viksit Bharat Shiksha Adhishthan Bill, 2025 was referred to a JPC following MPs demand for wider consultation, strengthening participatory law-making

Provides constitutional and federal safeguards

JPCs provide an additional institutional check on Bills with significant constitutional, federal or rights-related implications, beyond the immediate political majority.

JPC on One Nation, One Election is examining implications for federalism, State autonomy and premature dissolution of legislatures.

Facilitates consensus-building

Committee proceedings offer a relatively less adversarial setting to negotiate differences, incorporate concerns and refine legislation, though recommendations are non-binding.

JPC on the Insolvency and Bankruptcy Code (Second Amendment) Bill incorporated stakeholder concerns, facilitating legislative refinement.

Checks majoritarianism and strengthens democratic legitimacy

JPCs function as a “second chamber of deliberation”, by subjecting contentious Bills to sustained scrutiny before enactment, reducing hasty decision-making.

JPC on 130th Constitution Amendment Bill, 2025 examined concerns over ministerial removal, due process and misuse of arrest powers.

Way Forward

Time-bound executive response

Mandating time-bound, reasoned government response and Action Taken Report on JPC recommendations, as in the UK, where responses are generally expected within two months.

Strengthen independent research capacity

Providing JPCs with dedicated researchers, domain experts and technical advisers, drawing on Canada’s Library of Parliament, which provides independent research and analytical support.

Institutionalise evidence-based public consultation

Mandating structured stakeholder submissions and expert hearings following New Zealand practice of inviting written and oral submissions through select committees.

Conclusion

JPCs can transform contentious legislation from a source of political confrontation into an opportunity for reasoned deliberation, wider consultation and institutional accountability. Strengthening their autonomy, expert engagement and follow-up mechanisms can ensure that parliamentary law-making remains inclusive, evidence-based and constitutionally conscious, thereby deepening democratic legitimacy while balancing the need for legislative efficiency.

Value Addition

JPC vs Select Committee

A JPC and a Select Committee are both ad hoc committees constituted to examine a Bill in greater detail, but the key difference is in their composition.

A JPC has members from both Houses of Parliament, with the composition decided through motions adopted by Lok Sabha and Rajya Sabha, while a Select Committee is constituted by one House and consists only of members of that House.

In either case, the committee can examine the Bill clause by clause, hear the government and stakeholders, seek evidence and suggest amendments; its recommendations are not binding on the government, though they carry considerable parliamentary weight.

A JPC is generally seen as a broader mechanism because it brings MPs from both Houses.