Legislative Control of Administration

2.1 Why Legislative Control?

In a parliamentary democracy, the executive is drawn from and remains responsible to the legislature. Ministerial responsibility — both collective (Article 75: Cabinet to Lok Sabha) and individual — means the legislature must have tools to supervise administrative conduct.

Doctrinal basis: Parliament creates legislation, appropriates funds, and must ensure these are implemented faithfully. The administration (bureaucracy) acts on behalf of the executive — indirectly responsible to Parliament through ministers.

2.2 Direct Legislative Controls

Question Hour (11:00 AM daily in Parliament):

• Starred questions — oral answer; supplementary questions allowed.
• Unstarred questions — written answer only; no supplementary.
• Short Notice Questions — less than 10 days' notice; urgent matters.
• Ministers must answer about their department's administration — creates direct accountability.

Zero Hour (Indian Innovation):

• After Question Hour; no advance notice; MPs raise urgent public matters.
• Not in the Rules of Procedure — evolved by convention.
• First used in Lok Sabha 1962; "Zero Hour" term coined by media.
• Limited to 30 minutes; cannot pass any resolution.

Motions and Debates:

• Adjournment Motion — suspend normal business for urgent definite public matter (Lok Sabha only).
• No-Confidence Motion — if passed, government falls (Article 75).
• Censure Motion — against an individual minister; does not require government resignation.
• Cut Motions (on Demands for Grants):
  • Disapproval of Policy Cut — full demand reduced to ₹1; signals policy disapproval.
  • Economy Cut — reduce demand by a specified amount.
  • Token Cut — reduce demand by ₹100; raise specific grievance.

Budget Process:

• Demands for Grants must be approved by Lok Sabha before expenditure.
• If Lok Sabha rejects a Demand → government cannot spend on that head.
• Guillotine — unvoted Demands for Grants are put to vote at the end of the session without discussion (to ensure passage).
• Vote on Account (Article 116): Advance grant before budget — 1/6th of annual, used in election years.

2.3 Parliamentary Committees — Financial Control

Three key financial committees:

Public Accounts Committee (PAC):

• 22 members (15 LS + 7 RS); one year term.
• Chaired by opposition member (convention since 1967 — Minoo Masani was first opposition chairman).
• Post-audit — examines CAG reports; calls departmental secretaries; issues Action Taken Reports.
• Can summon any officer; cannot reverse spending but creates accountability pressure.
• Limitation: Cannot question policy itself — only implementation; backlogs of CAG reports persist.

Estimates Committee:

• 30 Lok Sabha members only (no Rajya Sabha); one year term.
• Chaired by ruling party member.
• Pre-audit — examines Budget Estimates before spending; recommends economies.
• Cannot suggest policy change; cannot increase Demands; only efficiency improvements.
• Reports are not binding — government may or may not implement.

Committee on Public Undertakings (COPU):

• 22 members (15 LS + 7 RS).
• Examines accounts and reports of public sector undertakings.
• CAG audits PSUs; COPU examines those reports.
• Unlike PAC, it can examine both commercial and government audit findings.

2.4 Other Legislative Control Mechanisms

1. Delegated Legislation control: Parliament may include "Henry VIII clauses" requiring rules to be laid before Parliament; Committees on Subordinate Legislation scrutinise rules and regulations.
2. Annual Reports: Ministries must submit annual reports to Parliament.
3. Parliamentary Questions on administrative matters — creates political accountability.
4. Privilege Motions: If a minister misinforms Parliament, it constitutes breach of privilege.

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