Hyderabad : JPC has MPs from both houses of Parliament. They include Opposition members. A JPC is constituted to examine a particular bill presented before Parliament or probe allegations of financial irregularities in any government activity. A JPC is set up for a given period of time to address a specific issue. For the formation of a JPC, a motion needs to be passed in one House and supported by the other.
There is another way. The two presiding chiefs of both houses, Lok Sabha Speaker and Rajya Sabha Chairperson, can write to each other and form a JPC. Parliament decides its members. The Lok Sabha members are double compared to the Rajya Sabha’s.
THE POWERS OF JPC
The JPC can conduct its affairs as per the terms of its constitution however in the process of conducting its business it has the following powers which are not inclusive:
- JPC can gather oral as well as written evidence of all types by asking any body to depose before it on oath.
- JPC can inspect all documents related to the subject.
- JPC can summon any body to appear before it and the non compliance of that summon would amount to contempt of the house.
- Generally a minister or the Prime Minster are not summoned by the JPC.
THE PROCEDURE OF JPC:
- The JPC may formulate its own procedure however the guidelines issued in chapter VIII of the general directions issued by the speaker generally govern the procedure.
- The proceedings of the committee are by and large confidential.
- The members who do not agree to the recommendations of the committee may write their dissent note which forms a part of the JPC records.
HOW POWERFUL IS A JPC
- While the recommendations of a JPC have persuasive value, they are not binding on the government. The government can choose to launch further investigations based on what the JPC has said, but it can’t be forced to do so.
- “The government is required to report on the follow-up action taken on the basis of the recommendations of the JPC and other committees. The committees then submit ‘Action Taken Reports’ in Parliament on the basis of the government’s reply,”
THE HISTORY OF JPC IN INDIA
- August 1987 : JPC on Bofors : The first JPC was constituted to inquire into the Bofors deal in August 1987. The committee, headed by B. Shankaranand, held 50 sittings and submitted its report in April 1988.Opposition boycotted the panel saying it was packed with congress MPs. Headed by late B Shankaranand it gave government a clean chit.
- August 1992: JPC on stock market scam involving Harshad Mehta. : In 1992, a JPC was constituted to inquire into the Harshad Mehta scandal. The
- recommendations were neither accepted in toto nor rejected by the government. It was headed by Ram Niwas Mirdha and investigated irregularities in securities and banking transactions after the scandal broke out.
- April 2001: JPC to probe shares scam involving Ketan Parekh- In 2001, another JPC was constituted to investigate the Ketan Parekh stock market scam. The committee was headed by Prakash Mani Tripathi. The committee’s recommendations for making sweeping changes in the stock market regulations were not fully implemented.
- August 2003: In August 2003, a JPC was set up to look into pesticide residues in soft drinks, fruit juice and other beverages and to set safety standards. This JPC was headed by Sharad Pawar and held 17 sittings and submitted its report to Parliament in February 2004. The report confirmed that soft drinks indeed have pesticide residues and recommended stringent norms for drinking water. It also recommended the setting up of National Standards Body of India, which Parliament agreed to some recommendations.
- February 2011: 2G Spectrum scam : A JPC, with 30 members was constituted in 2011 to investigate the 2G scam. It was headed by P.C. Chacko. However, as many as 15 members belonging to BJP, JDU, CPI, CPM, Trinamool Congress, BJD, DMK and AIADMK accused Chacko of being partisan and expressed their “no-confidence” after the draft report gave a clean chit to then PM Manmohan Singh and the Finance Minister P. Chidambaram. Chacko subsequently agreed to amend the draft report. The report was finally submitted in October 2013. It concluded that Manmohan Singh was misled by then Communications Minister A. Raja on the procedure to be followed by Department of Telecommunications in issuance of the Unified Access Services Licence.
- 27.02.2013 : Payment of bribes in the acquisition of VVIP helicopters : A JPC was formed on February 27, 2013 to inquire into the allegations of payment of bribes in the acquisition of VVIP helicopters by the Ministry of Defence from M/s Agusta Westland and the role of alleged middlemen in the transaction.
JPC FORMED TO EXAMINE SOME OF THE KEY BILLS SINCE 2015
- Land Acquisition Bill (2015) : The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill, 2015 was referred to a Joint Parliamentary Committee of both Houses under the Chairmanship of Shri SS Ahluwalia by the first Modi government.
- Citizen Amendment Bill : CAB was referred to a Joint Parliamentary Committee (JPC) which considered about 9000 memoranda received from organisations/associations/common public, undertook study visits to different parts of India and held formal and informal discussions with the representatives of stakeholders. It presented its report to Parliament on 07/01/2019. However, the Bill lapsed after its passing by Lok Sabha.
- 11.12.2019 : Personal Data Protection Bill, JPC was formed for the consideration of Personal Data Protection Bill, 2019 on 11 December 2019 is an ad hoc Joint Select Committee also called as a Joint Parliamentary Committee. It was formed by the virtue of the motion passed by Lok Sabha on 11 December 2019 during the winter session of the Parliament.
- 29.03.2023 : The Forest (Conservation) Amendment Bill, 2023, was introduced in the Lok Sabha on March 29 and referred to a 31-member joint committee of both Houses on the same day. The Joint Parliament Committee (JPC) has cleared all amendments proposed in the Forest (Conservation) Amendment Bill, 2023.
- 09.08.2024: The Waqf (Amendment) Bill, 2024 :A 31-member Joint Parliamentary Committee (JPC) has been established to review the Waqf (Amendment) Bill, 2024. The committee will comprise 21 members from the Lok Sabha and 10 from the Rajya Sabha. The formation of the committee was announced by Union Parliamentary Affairs Minister Kiren Rijiju.
SOME OF OTHER BILLS REFERRED TO JPC
- The Insolvency and Bankruptcy Code, 2015
- The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016
- The Financial Resolution and Deposit Insurance Bill, 2017
- The Vishwas (Amendment of Provisions) Bill, 2022