·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.

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
Practice
9 questions on this article
Check the answer for each question, or reveal all at once.
Practice MCQs →

More from this note

More on Polity