Context
- In India’s parliamentary democracy, Private Member’s Bills (PMBs) offer a vital, though often overlooked, avenue for Members of Parliament (MPs) who are not part of the executive branch to propose legislation.
- While most legislative initiatives are introduced by government ministers, PMBs allow individual MPs, from both ruling and opposition parties, to bring forward laws that reflect personal convictions, constituency needs, or emerging societal concerns.
- Typically discussed on Fridays in Parliament, PMBs represent one of the last remaining mechanisms through which MPs can exercise independent legislative initiative, unencumbered by the constraints of party mandates.
Decline of the PMB Mechanism
- Despite their historical significance, the relevance and effectiveness of PMBs have markedly declined in recent decades.
- Various procedural hurdles, including frequent disruptions, pre-emptive adjournments, and the prioritisation of government business, have reduced PMBs to a largely symbolic exercise.
- This erosion is not merely a procedural lapse; it signals a deeper democratic backslide. Since Independence, only 14 PMBs have successfully passed both Houses and received presidential assent, with none achieving this feat since 1970.
- The 17th and 18th Lok Sabhas highlight this trend vividly. Between 2019 and 2024, over 1,400 PMBs were introduced across both Houses, but only a minuscule fraction was discussed.
- In the 18th Lok Sabha, despite 64 PMBs being introduced during the inaugural and Budget Sessions of 2024, not a single one reached the discussion stage.
- Even the Fridays earmarked for PMBs have been frequently pre-empted by other business, such as the Union Budget or general discussions, further constraining the space for independent legislative action.
Significance and Impact of PMBs
- Though few PMBs become law, their significance lies in their ability to spotlight pressing social issues and influence the legislative agenda.
- For instance, the 'Right to Disconnect' Bill introduced by Supriya Sule in 2019 tackled the growing intrusion of work into personal life, igniting nationwide conversations around mental health and labour rights in a digital age.
- Although the Bill did not progress legislatively, it exemplifies the forward-thinking and socially responsive potential of PMBs.
- Conversely, some PMBs have had tangible legislative consequences.
- Tiruchi Siva’s 'Rights of Transgender Persons' Bill, introduced in 2014, became the first PMB in over four decades to be passed by the Rajya Sabha.
- Although it failed to clear the Lok Sabha, it laid essential groundwork for the eventual passage of the Transgender Persons (Protection of Rights) Act, 2019, underscoring the power of private initiatives to shape government action.
- PMBs also empower MPs from the ruling party to voice independent concerns.
- BJP MP Gopal Chinayya Shetty’s Bill advocating for free medical care for senior citizens serves as a testament to how PMBs can facilitate meaningful legislative contributions even from Treasury Bench members typically bound by party priorities.
Structural Barriers to Effective PMBs
- Several institutional factors have curtailed the space for independent legislative action.
- Notably, the Anti-Defection Law, introduced through the 52nd Constitutional Amendment, though aimed at political stability, has inadvertently restricted MPs’ ability to diverge from their party’s stance.
- In this rigidly structured environment, the PMB remains one of the few avenues for MPs to propose alternative policies, emphasising its importance in India’s democratic fabric.
Reforms and the Path Forward
- To revitalise the PMB mechanism, a suite of procedural and structural reforms is imperative.
- Foremost among these is the need to treat time allocated for PMBs as sacrosanct, protected by explicit amendments to the Rules of Procedure, ensuring it cannot be overridden except in cases of national emergency.
- A dedicated review committee for PMBs could be instituted to screen Bills for quality and relevance, creating a prioritized discussion list based on public importance and cross-party consensus.
- Additionally, Parliament could extend its working hours to accommodate government business without encroaching upon PMB time.
- Borrowing from international practices, India might consider adopting the United Kingdom’s Ten-Minute Rule, which allows MPs to introduce and briefly advocate for a Bill, followed by a short counterargument.
- This approach would enable a greater volume of legislative ideas to be aired and recorded without monopolising parliamentary time.
Conclusion
- Private Member’s Bills, though increasingly marginalised, remain a vital instrument in India’s legislative toolkit.
- They embody the democratic spirit by allowing individual MPs to bring forward new ideas and spotlight societal needs that may otherwise go unnoticed.
- As Vice President Jagdeep Dhankhar aptly noted, PMBs are far-sighted, forward-looking, and a gold mine for India’s legislative landscape.
- Safeguarding and strengthening this mechanism through thoughtful reforms is essential not only for a vibrant democracy but also for a responsive and inclusive legislative process.