·The Hindu·15 marks·250–350 wordsPolity

Discuss the role and limitations of Joint Parliamentary Committees in scrutinising constitutional amendment Bills, with reference to the JPC on the 130th Amendment Bill.

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In this answer
  1. Role in scrutinising amendment Bills
  2. Limitations

A Joint Parliamentary Committee (JPC) is an ad hoc, bicameral committee constituted to examine a specific Bill. Its scrutiny matters most for amendments under Article 368, where changes are near-permanent. The Joint Committee on the Constitution (130th Amendment) Bill, 2025 — providing removal of the PM, CMs and Ministers detained 30 consecutive days on offences punishable with 5+ years [1][2] — illustrates both its worth and its ceiling.

Role in scrutinising amendment Bills

  • Clause-by-clause refinement: the Committee's draft report recommended replacing "removal"/"cease to be a Minister" with "suspension", materially altering reinstatement rights [4].
  • Deliberative brake: adoption of the report was deferred after voting on only two of five recommendations, the chair citing unanimous demand for wider stakeholder consultation [4].
  • Bicameral, package scrutiny: the 31-member panel under Aparajita Sarangi examines the companion UT (Amendment) and J&K Reorganisation (Amendment) Bills together, preventing piecemeal review [3].
  • Voice for dissent: minority views are recorded through dissent notes, giving the Opposition a documented constitutional objection — chiefly that arrest, not conviction, triggers removal [2].

Limitations

  • Purely recommendatory: the government is not bound by its report; scrutiny does not translate into leverage.
  • Composition mirrors House arithmetic: 21 of 31 members belong to the BJP and NDA allies [3], so recommendations are decided by the same majority that moved the Bill.
  • Legitimacy deficit on boycott: Congress and Trinamool declined to join [3], thinning the cross-party consensus a constitutional amendment demands.
  • No power to test validity: basic-structure and Article 21 presumption-of-innocence questions remain for the judiciary, not the Committee.
  • Timeline slippage dilutes momentum, as repeated deferrals show.

JPCs thus supply the deliberation that a rushed floor debate cannot, but they persuade rather than constrain. Strengthening them — binding government replies to recommendations, mandatory expert and State consultation, and time-bound reporting, as successive committees on parliamentary reform have urged — would make pre-enactment scrutiny of constitutional amendments genuinely meaningful, honouring both federal balance and due process.

Sources

  1. 1The Constitution (130th Amendment) Bill, 2025 — PRS Bill TrackBill's scope, referral to Joint Committee
  2. 2PRS Legislative Brief, The Constitution (130th Amendment) Bill, 202530-day/31st-day trigger, presumption-of-innocence concern
  3. 3Aparajita Sarangi appointed Chairperson of Joint Parliamentary Committee on key Amendment Bills — Akashvani News (Prasar Bharati)31-member composition, three Bills, Congress/TMC non-participation
  4. 4"Panel defers adoption of report on Bill for removal of Prime Minister, CMs", The Hindu, 18 July 2026 (title-only; link unverifiable) — deferral, five recommendations, "suspension" wording
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