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Parliamentary Standing Committees
Privileges, immunities and limitations
Kibria Mazumdar
There is a mass debate in our country on whether a particular Standing Committee of the Parliament can summon any body to attend before the Committee to explain something and whether the person so summoned is bound to attend before it. The issue has been geared up by a recent summon served by the Committee on Public Undertakings to Anti-corruption Commission's (ACC) acting Chairman along with other Commissioners to attend before it.
However, upon receiving the notice all ACC Commissioners replied to the Committee that they would not appear before it as the notice was sent beyond the jurisdiction of the Committee and that they were only accountable to the President of the Republic. Accordingly, they did not attend the scheduled meeting.
Now, the issue is whether the Committee has gone beyond its jurisdiction. Before drawing any conclusion let us see the sphere of jurisdiction of the Standing Committees of the Parliament. As per Article 76 of the Constitution the Parliament has the authority to appoint Standing Committees stated in the Rules of Procedure of the Parliament. Article 76(3) clearly states that the Standing Committees appointed by the Parliament are authorized to enforce the attendance of witness and examine them on oath, affirmation or otherwise compelling the production of documents through any other law.
Now we can look into the provisions of 'Rules of Procedure'. It is also a legislation/law enacted to make Article 75 of the Constitution effective. As per this Article the Parliament is authorized to make its own Rules of Procedure. As per Rules 202 & 203 a Committee has the power to summon the person concerned for witness and the person shall produce such documents as are required for the use of a Committee.
As per Article 7, the supremacy of the Constitution is 'The Constitution is the supreme law of the Republic, and if any other law is inconsistent with the Constitution then other law shall, to the extent of the inconsistency, be void. So it can be said that no other law can supersede the provision of Constitution.
Some times it is claimed that the jurisdictions of each Standing Committee are confined to its concerned Rule. But as per Rule 208 a Committee can work and report to the Parliament on such matter that is not directly connected or does not fall within its terms of reference.
The Parliamentary Committees are recommending bodies, but our Rules of Procedure do not clearly state whether the Committee recommendations are obligatory for the institution or person for whom they were made. Though people's perception is that as the Committee is considered mini Parliament and except enacting legislation it has some mandate from the House to oversee the activities of the ministry and recommend on the issue which falls within its jurisdiction, so its recommendations is obligatory for the executing agency. Another limitation is that as there is no specific Privilege Act for the Committee, so the Standing Committee cannot take any remedial measure to implement its recommendations.
As per Article 78, the Committee meeting proceedings can not be questioned in any court of law. It can be concluded that the privileges of the Committee of the Parliament can be made by the Parliament through enactment. Provision can also be made for remedial action in case of breach of recommendations made by the Committee?
Kibria Mazumdar, Committee Officer, Private Secretary to the Hon'ble whip Mazibul Houque, Bangladesh Parliament.
