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PROVINCIAL ASSEMBLY OF THE PUNJAB

COMMITTEE SYSTEM

BY

KHALID MAHMOOD

DIRECTOR GENERAL

(PARLIAMENTARY AFFAIRS & RESEARCH)

The Parliamentary Committees are conceived as eyes and ears of a legislature and that’s why they are often termed as ‘mini legislatures’. A dynamic committee system can achieve tangible accountability of the executive to the legislature and of the legislature to the people. To strengthen the role of Parliamentary Committees is to strengthen the legislature. The Assembly transacts a great deal of its business through its committees. These committees are constituted to deal with the parliamentary business requiring expert or detailed consideration. The system of parliamentary committees is particularly useful in dealing with matters which, on account of their special or technical nature, are better considered in detail by a small number of members rather than by the House itself. Moreover, the system saves the time of the House for the discussion of important matters and prevents the Parliament from getting lost in details and thereby losing hold on matters of policy and broad principles. Additionally, a Committee can benefit itself from the concerned department and experts as well as stakeholders, who are not entitled to give their advice in the House.

Chapter XVII (rule 148 to rule 188) of the Rules of Procedure of Provincial Assembly of the Punjab 1997, provides for the composition, constitution and functions of Standing and other Committees. Standing Committees are constituted for the tenure of the Assembly while other Committees are formed for specific purpose and for specific period.

At present, the Punjab Assembly has a total of 51 Standing Committees as under:

·         42 Departmental Standing Committees (Rule 148); and

·         9    Other Standing Committees.

COMPOSITION OF COMMITTEES

The Committees are required to be elected within ninety days after the election of the Leader of the House following the general election (Rule 150); and the Chairpersons of these Committees are required to be elected within thirty days after the election of these Committees (Rule 151). Quorum for election of Chairperson is majority of elected members and for a meeting is one-fourth of its elected Members. The Minister and the Parliamentary Secretary concerned are the ex-officio (non-voting) members of the Departmental Standing Committees [149(2)].

The membership of Departmental Standing Committees was raised from 10 to 11 in 2019 and again from 11 to 15 in 2024 with at least two women members.

All the Committees (except Business Advisory & Ethics and House & Library Committees) are elected by the Assembly, as far as possible, in accordance with the agreement of the Leader of the House and Leader of the Opposition (Rule 150). However, if there is no such agreement, the members of the Committees shall be elected by the Assembly according to the principle of proportional representation through a complicated procedure of single transferable vote, laid down in the Fifth Schedule of the Rules of Procedure.

The political parties in the Assembly are represented in the Committees in proportion to their numerical strength in the Assembly. A Committee elects its Chairperson from amongst its members. A Committee may appoint a sub-committee for a specified function arising out of the matter referred to the Committee.

Traditionally every member of the Assembly is included in at least one Committee. Cabinet Members and Parliamentary Secretaries are ex-officio members of their respective Committee. The Ministers, Advisors, Special Assistants and Parliamentary Secretaries are barred by the Rules to become a member or Chair of a Committee, except Business Advisory & Ethics Committee, Finance Committee and Committee on Law Reforms & Delegated Legislation.

DEPARTMENTAL STANDING COMMITTEES

Following amendments made in the Rules of Procedure of Provincial Assembly of the Punjab 1997, by the current Assembly, the Committees’ mandate has enhanced manifold.

A Committee shall examine a Bill, subject or matter referred to it by the Assembly or by the Speaker and shall submit its report to the Assembly or to the Speaker, as the case may be, with such recommendations including suggestions for legislation, if any, as it may deem necessary. In the case of a Bill, the Committee shall also examine whether the Bill violates, disregards or is otherwise not in accordance with the Constitution. A Committee may examine the expenditures, administration, delegated legislation, and policies of the Department concerned and its attached or associated bodies, and may forward its report containing findings and recommendations to the Department concerned.

Public petitions may be presented on a Bill which has been introduced, or any matter connected with the business pending before the House, or any matter of general public interest which is primarily the concern of the Government, provided that it is not one which falls within the cognizance of a court, nor shall it relate to a matter pending before any court or other authority performing judicial functions.

OTHER STANDING COMMITTEES

Committee on Law Reforms & Delegated Legislation

The Committee comprises Speaker as Chairperson, Minister for Law and Parliamentary Affairs as its ex-officio member and nineteen other members. The Committee systematically examines and reviews the implementation of the Constitution (Eighteenth Amendment) Act 2010, particularly, its implications for provincial autonomy and governance, and devolution of power and authority, the legal and administrative frameworks and structures, and the Final Report of the Implementation Commission, established under clause (9) of Article 270 AA of the Constitution.

The Committee examines that necessary measures are undertaken for the implementation of the said Amendment in letter and spirit, for bringing legal and administrative frameworks and structures in conformity with the requirements of the said Amendment as well as for removing inconsistencies and anomalies; repealing obsolete or unnecessary provisions of laws applicable in the Province.

The Committee is also responsible for conducting Post-Legislative Scrutiny of provincial laws, including principal laws and associated delegated legislation. The Committee reviews implementation, effectiveness, and societal impact of these laws, considering cross-cutting issues such as gender and minorities.

Business Advisory & Ethics Committee

With Speaker as its Chairperson, it shall be the function of the Committee to recommend the time that should be allocated for the discussion of the stage or stages of such Government Bills and other business as the Speaker, in consultation with the Leader of the House, may direct for being referred to the Committee. The Committee shall have the power to indicate in the proposed time table, the different hours at which the various stages of the Bill or other business shall be completed. The Committee shall also ensure that the Code of Conduct contained in Seventh Schedule of the Rules of Procedure is implemented in letter and spirit and for this purpose, it may issue such directions as it may deem appropriate.

Finance Committee of the Assembly

The expenditure of the Assembly and its Secretariat within the authorized appropriations is controlled by the Assembly on the advice of the Finance Committee. The said Committee consists of the Speaker of the Assembly, the Minister for Finance and seven other members who are elected by the Assembly. The Speaker is the ex-officio Chairperson of the Finance Committee. The quorum for a meeting of the Committee is the majority of the membership including Speaker or the Finance Minister. The Committee approves the Annual and Supplementary Budget Estimates of the Assembly and its Secretariat, which are respectively included in the Annual Budget Statement and the Supplementary Budget Statement by the Government. The Committee may make recommendations in regard to any financial matter relating to the Assembly or its Secretariat referred to it by the Assembly or the Speaker. The procedure of the Committee is regulated under the Provincial Assembly of the Punjab Finance Committee Rules 1974.

Committee on Privileges

The Committee consists of twenty-one members and the Minister for Law and Parliamentary Affairs is its ex-officio member. The Committee examines every question of privilege referred to it and determine with reference to the facts of each case whether a breach of privilege is involved and, if so, the nature of the breach and the circumstances leading to it and make such recommendations as it may deem fit.

Public Accounts Committees I, II & III

There are three Public Accounts Committees of the Assembly. Each one of the Committees consists of twenty-one members to be elected by the Assembly and the Finance Minister is its ex-officio member. The Committees deal with the Appropriation Accounts of the Government or, as the case may be, the local governments, and the report of the Auditor-General and such other matters as the Assembly or the Speaker or the Finance Minister may refer to them. Unless otherwise permitted by the Speaker, each of the Public Accounts Committees shall meet during the first, second and third ten days of a month to dispose of the pending business, provided that a Committee shall not meet for more than three days in a week without approval of the Speaker.

Committee on Government Assurances

In order to scrutinize the assurances, promises and undertakings given on the floor of the Assembly, by a Minister or a Parliamentary Secretary during the term of the Assembly, it has a Committee on Government Assurances. The matters are referred to this Committee by the Speaker on the written request of a member.

House & Library Committee

The House and Library Committee consisting of not more than thirteen members is nominated by the Speaker with the Deputy Speaker as its Chairperson and the Minister for Communications and Works shall be ex-officio member of the Committee.

The functions of the Committee are to exercise supervision over facilities pertaining to accommodation of the members and any matter as may, from time to time, be referred to it by the Speaker; to deal with the matters relating to the residential accommodation for the staff of the Assembly Secretariat; to develop the Library, its Reading Room, Automation and Research Centre with a view to help members of the Assembly in the discharge of their duties; to invite suggestions and advise on the selection of books, periodicals and newspapers; to advise on reciprocal arrangements for exchange of debates and other publications of the Assembly with friendly countries; to consider suggestions for improvement of the Library and help in its future expansion and to assist and encourage the members in fully utilizing the services provided by the Library.

OTHER COMMITTEES

In addition to the above Standing Committees, there are other committees for specific purposes and for specific duration, e.g. Special Committees, Select Committee and Committee of the Whole House.

Special Committee

The Assembly may, by motion, appoint a Special Committee which shall have such composition and functions as may be specified in the motion. The Committee shall consist of not more than twelve members excluding the Speaker or a Minister, if any of them is named as a member of the Committee in the motion.

Select Committee

After the report of the Standing Committee on a Bill has been presented to the House and on a day appointed for consideration of the Bill, a member may move that the Bill be referred to a Select Committee. The Minister-in-charge of the Department to which the Bill relates, the Chairperson of the Committee concerned with the Bill, the member-in-charge and the Minister for Law and Parliamentary Affairs shall be included in a Select Committee. The other members of the Committee shall be nominated by the Assembly from amongst its members when a motion that the Bill be referred to a Select Committee is adopted. The Chairperson of the Committee concerned with the Bill shall be the Chairperson of the Select Committee.

Committee of the Whole House

On a motion by the Leader of the House or Leader of the Opposition, as the case may be, the House may constitute itself into a Committee of the Whole House. The Speaker of his own may also constitute the House into Committee of the Whole House. When the House constitutes itself into a Committee of the Whole House, it functions as one Committee acting upon any matter(s) referred by the House and conducts its proceedings like a regular Committee with its membership composed of all the members of the House.

The Speaker or any member nominated by the Speaker shall preside over the Committee. The Committee shall conduct business only when there is a quorum. If there is no quorum, the Speaker or the person nominated by the Speaker to preside shall immediately suspend its proceedings. In addition to his vote as a member, the Speaker or the person nominated by the Speaker to preside shall, in the event of equality of votes, have a casting vote. When a Committee of the whole has concluded consideration of a matter referred to it, the Leader of the House or the Leader of the Opposition, as the case may be, shall make a report to the House. Matters reported shall be presented before the House for action as though reported by any other Committee. The Committee shall have power to require the attendance of any person or summon production of papers, record from any Department, autonomous body, semiautonomous body or organization, or examine such persons on oath or solemn affirmation, or invite or summon any person to give evidence in relation to any matter under its consideration.