Private Member Bill, Key Provisions, Significance and Challenges

Context: The Private Member’s Bill holds immense potential to significantly enrich India’s legislative landscape.

About Private Member Bill

A Private Member Bill is a legislative proposal introduced in Parliament by a Member of Parliament (MP) who is not a Minister. This includes MPs from both the ruling party (if not a minister) and the Opposition.

• It is a legislative proposal introduced in Parliament by a member who is not part of the government, differentiating it from government bills presented by ministers.
• A Private Member’s Bill requires one month’s advance notice to be introduced in the House.
  • In the case of a Public Bill, an advance notice of only 7 days needs to be given before introduction.
• Time for discussion on the Private Member’s Bill is fixed on alternate Fridays and in afternoon sittings.
• A private member can bring bills related to Constitutional Amendments, but they cannot initiate a Money Bill.
• Private members can introduce a maximum of 3 notices for Private Member Bills during a Session.
• Rejection of a private member’s bill by the House has no implication on the parliamentary confidence in the government or its resignation.
• Also, drafting the bill is the responsibility of the concerned member.

Significance of Private Member Bill

• Platform for Individual Expression: PMBs allow MPs, especially those not in the executive, to raise issues, propose legislation, and represent the concerns of their constituents beyond party lines.
• Democratic Deepening: PMBs enhance deliberative democracy by encouraging debate on diverse social, economic, and political concerns often overlooked in official legislation.
• Policy Innovation & Social Awareness: PMBs bring forth unconventional or emerging issues—e.g., Right to Disconnect, Transgender Rights—initiating public and parliamentary discourse.
• Cross-Party Collaboration: PMBs foster bipartisan engagement and sometimes generate consensus on socially relevant matters (e.g., senior citizen healthcare proposals).
• Check on Executive Dominance: They help balance executive-legislative power, allowing Parliament to remain a forum for diverse voices and not just a rubber stamp for the Cabinet.
• Legislative Incubation: Even if not passed, PMBs often influence government legislation later (e.g., RTI Act, Transgender Act), acting as policy testbeds.

Challenges Faced by Private Member Bill

• Low Success Rate: Since Independence, only 14 PMBs have become law. None have passed both Houses since 1970.
• Inadequate Time Allocation: Only Fridays are reserved, and even these are often overridden by government business, budget discussions, or disruptions.
• Lack of Political Priority: The ruling party may not support PMBs—even from its own MPs—due to fear of deviating from the official legislative agenda.
• Disruptions and Adjournments: Frequent House disruptions mean that PMBs are often not taken up for discussion at all, reducing them to symbolic exercises.
• No Institutional Support: PMBs often lack research and drafting support, leading to poorly framed proposals that cannot withstand constitutional or legal scrutiny.
• Anti-Defection Constraints: The Tenth Schedule (Anti-Defection Law) restricts MPs’ independence, especially from the Treasury Bench, discouraging them from deviating from the party line.

Reforms to Strengthen the Private Member Bill (PMB) Mechanism

• Safeguard Time for PMBs: Amend Rules of Procedure to protect Fridays for PMBs, ensuring they are not overridden except during national emergencies.
• Set Up a PMB Review Committee: A dedicated body could screen PMBs for quality, constitutionality, and relevance, and recommend a priority list for debate.
• Fast-Track Mechanism for High-Impact Bills: Allow Bills with bipartisan support or wide public interest to be taken up quickly, regardless of their origin.
• Extend Working Hours of Parliament: Instead of displacing PMB time, extend the sitting hours to accommodate both government and private members’ business.
• Introduce a ‘Ten-Minute Rule’ (U.K. Model): Allow short speeches for PMBs at the time of introduction to ensure more ideas are at least debated or recorded, increasing visibility.
• Boost Research Support for MPs: Provide access to legal experts and policy researchers to help MPs draft sound legislation, improving the quality and seriousness of PMBs.

Significant Private Members Bill and Some Facts

• Since Independence, only 14 PMBs have been passed and received presidential assent, and none have cleared both Houses since 1970.
• In the 17th Lok Sabha (2019-24), 729 PMBs were introduced in the Lok Sabha and 705 in the Rajya Sabha.
  • However, only two in the Lok Sabha and 14 in the Rajya Sabha were ever discussed.
• In the 18th Lok Sabha, only 20 MPs have introduced PMBs so far.
• During the inaugural and Budget Sessions of 2024, 64 PMBs were introduced in the Lok Sabha, but not a single one was discussed.

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