Private Member’s Bill: An Overlooked Legislative Tool in Decline

A recent report by PRS Legislative Research has drawn attention to the declining space for Private Members’ Bills (PMBs) in both Houses of the Indian Parliament, raising concerns over democratic discourse and legislative innovation. Though often sidelined, PMBs have historically played a pivotal role in shaping public policy and addressing issues beyond the immediate priorities of the ruling government.

What is a Private Member’s Bill?

In the Indian parliamentary context, a Private Member refers to any Member of Parliament (MP) who is not a Minister—this includes both elected and nominated members. A bill introduced by such a member is termed a Private Member’s Bill (PMB). Unlike government bills, the responsibility for drafting and introducing a PMB lies entirely with the concerned MP, who must also issue a one-month prior notice seeking permission from the Speaker (Lok Sabha) or Chairman (Rajya Sabha) for its introduction.

If permitted, the Lok Sabha allocates the last two-and-a-half hours of business every Friday for discussion on PMBs, while the Rajya Sabha earmarks a similar duration every alternate Friday. The first-ever PMB to be passed was the Muslim Wakfs Bill, 1952, introduced by Syed Mohammed Ahmad Kasmi.

Why Are Private Members’ Bills (PMBs) Significant?

Despite their low success rate, PMBs serve a number of vital functions within India’s legislative ecosystem:

• Policy Innovation: PMBs allow MPs to propose novel ideas or address overlooked issues. For instance, the Right to Disconnect Bill, 2019 sought to grant employees the legal right to disengage from work-related communication after office hours—a growing concern in the digital age.

• Reform Catalyst: PMBs often ignite important policy debates and reforms. A notable example is the Rights of Transgender Persons Bill, 2014, first introduced as a PMB, which later pushed the government to introduce a more comprehensive law for transgender rights.

• Democratic Expression: Unlike government bills, PMBs enable MPs to voice independent views, free from the constraints of the party whip under the 10th Schedule of the Constitution. This fosters greater deliberative democracy and inclusivity in law-making.

• Checks and Balances: By offering alternative perspectives and legislative solutions, PMBs function as a tool of accountability, helping to keep the executive branch in check.

Why Are Private Members’ Bills (PMBs) in Decline?

Despite their potential, the effectiveness and frequency of PMBs have been diminishing in recent years. This trend can be attributed to several factors:

• Frequent Disruptions: Increasing adjournments and disorderly sessions have significantly reduced time available for PMB discussions. For instance, during the 17th Lok Sabha (2019–2024), a staggering 729 PMBs were introduced in the Lok Sabha and 705 in the Rajya Sabha, but only 2 were discussed in the Lok Sabha and 14 in the Rajya Sabha.

• Limited Time Allocation: With only 2–3 hours reserved per week for PMBs, and several competing legislative priorities, it may take years before a PMB comes up for actual discussion.

• Discretionary Power and Political Bias: The Speaker or Chairman’s discretion in admitting or rejecting bills can sometimes be influenced by political considerations, limiting fair opportunity for discussion.

• Resource Constraints: Unlike government ministries, private members often lack research support, legal expertise, and institutional resources necessary for robust bill drafting and legislative follow-up.

• Low Success Rate: A mere 14 private member bills have ever become law, with the last such enactment taking place back in 1970, further disincentivizing MPs from investing effort in PMBs.

• Lack of Political Will: Private members have frequently voiced frustration over how government priorities dominate the legislative calendar, often pushing PMBs to the sidelines.

Revitalising the Role of Private Members’ Bills (PMBs)

To reverse this trend and restore the vitality of PMBs in Parliament, several reform measures are essential:

• Streamlining Procedures: Fixed and uninterrupted time slots for PMB discussions should be mandated, along with digital tracking systems to ensure transparency. Amendments to the Rules of Procedure and Conduct of Business could explicitly protect PMB time from being overridden by government business.

• Enhanced Research Support: A dedicated research unit, similar to the UK’s Public Bill Committee, should be established to assist MPs in drafting legally sound and policy-relevant bills.

• Institutional Mechanisms: Parliament could form a review committee to evaluate PMBs on quality, constitutionality, and public importance. It could also recommend a priority list of bills for discussion based on cross-party relevance and citizen interest.

• Innovative Practices: India could consider adopting the UK’s 10-Minute Rule, where MPs get a brief time to present a bill’s rationale through short speeches, thus encouraging a wider range of legislative proposals in a time-efficient format.

In conclusion, while Private Members’ Bills rarely become law, they remain an indispensable part of a vibrant democracy. Reviving their role through procedural reforms, institutional support, and political commitment can significantly enrich India's legislative process and ensure that Parliament remains a space for diverse voices and innovative policymaking.

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