Context:

Private Member's Bills (PMBs) enable Members of Parliament (MPs) who are not ministers to propose their own legislation. In India, most laws are introduced by the government and draughted by several ministries.

What is a Private Member's Bill (PMB)?

• PMBs are legislative proposals introduced by Members of Parliament who are not Ministers (also known as private members). These legislation represent individual MPs' opinions or address constituency needs rather than the government's official stance.
• In 2019, Supriya Sule (NCP) proposed the Right to Disconnect Bill in the Lok Sabha, which aimed to grant employees the legal right not to engage in work-related communication after hours. Despite not passing, it sparked a national conversation about work-life balance and mental health.

India's Legislative Process: Key Insights

Introduction of Bills:

• Introduced in Parliament as bills, legislative proposals can be sent to the Rajya Sabha (Upper House) or the Lok Sabha (Lower House).
• Before it becomes legislation, a bill—a draft law—must be passed by both Houses of Parliament and signed by the President (Article 111).

Types of Bills:

1. Ordinary Bills (Article 107): Can be introduced in either Lok Sabha or Rajya Sabha.
2. Money Bills (Article 110): Can only be introduced in Lok Sabha; Rajya Sabha has limited powers on these.
3. Financial Bills (Article 117): Require the President's recommendation before being introduced.
4. Constitutional Amendment Bills (Article 368): Require a special majority in Parliament for passage.

Types of Bill Introductions:

• Public Member Bills (Government Bills): It was introduced by Ministers, forming the majority of legislative proposals.
• Private Member Bills: Proposed by MPs who are not Ministers, serving as an important tool for MPs to introduce independent legislation.

Constitutional Provisions:

• Parliament of India: Articles 107-111.
• State Legislatures: Articles 196-201.

Statistics Though just a few were considered, 729 PMBs were brought into the Lok Sabha and 705 into the Rajya Sabha in the 17th Lok Sabha (2019–24). Though none were debated, 64 PMBS were presented in the Budget Sessions of 2024 in the 18th Lok Sabha. Notable PMBs Right to Disconnect Bill Introduced by Supriya Sule, this measure highlighted problems with work-life balance by seeking to provide staff members the freedom to refuse participation in after-hours business contacts. Introduced by Tiruchi Siva, the Rights of Transgender Persons Bill became the first PMB in more than four decades to be approved by the Rajya Sabha, therefore impacting next legislative developments on transgender rights.

Decline in Private Member Bill (PMB) Discussions: Key Trends and Issues

Historical Trends

• Since Independence, only 14 Private Member Bills (PMBs) have been passed and received presidential assent.
• No PMB has successfully cleared both Houses of Parliament 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 bills were discussed in the Lok Sabha and 14 in the Rajya Sabha.
• In the 18th Lok Sabha (2024-Present), only 20 MPs have introduced PMBs so far, with no discussion in the Budget Session of 2024, despite 64 PMBs being introduced.

Significance of Private Member Bills

PMBs provide a crucial platform for legislative innovation and democratic engagement, offering the following benefits:

• Encouraging Legislative Innovation: Members of parliament have the ability to propose laws that go beyond the mandates of their respective parties.  
• For instance, the ability to Disconnect Bill, which was draughted with the intention of allowing workers the ability to disengage from their jobs outside of official working hours.
• Democratic Engagement and Accountability: PMBs enable MPs—especially those from non-ruling parties—to impact national policy, hence strengthening parliamentary democracy.
• Many PMBs start discussions, therefore creating public pressure that could force the government to address social circumstances.
• Policy Testing Ground: PMBs provide an opportunity for public and political reactions to potential policy ideas before formal government action.

Reasons for the Decline in PMB Discussions

Several factors contribute to the decline in the discussion of PMBs:

• Lack of Legislative Time: Only Fridays are allocated for PMBs, and even those sessions are often disrupted. Government business takes priority, leaving little time for PMB discussions.
• Low Priority by Government and Whips: Ruling parties discourage MPs from supporting PMBs that contradict or overlap with government policies, hindering the success of many PMBs.
• Procedural Hurdles: PMBs must pass through several phases—introduction, debate, voting—often running across bureaucratic red tape and scheduling delays.
• Executive Dominance in Legislature: The combination of powers in the Indian system gives the executive great control over legislative activities, therefore restricting the capacity of non-ministerial MPs to forward autonomous agendas.
• Lack of Political Will: Many PMBs are introduced for visibility or constituency signalling, rather than to be practically passed into law.

Notable Examples and Importance of PMBs

• Constituency Needs and Policy Discourse: PMBs allow MPs to introduce laws addressing personal beliefs and emerging societal concerns, independent of party lines. The Right to Disconnect Bill ignited national debate on work-life balance and mental health.
• Legislative Groundwork: The Rights of Transgender Persons Bill by Tiruchi Siva (2014), although not passed in the Lok Sabha, laid the groundwork for the Transgender Persons (Protection of Rights) Act, 2019.
• Catalysts for Government Action: Even if the transgender bill was not passed, it prompted the government to act on a socially sensitive issue, thus showing PMBs can influence government policies.
• Expression Beyond Party Lines: Even MPs from the Treasury Bench have used PMBs to raise issues based on constituency needs, such as Gopal Chinayya Shetty’s Bill on free health care for senior citizens.

Issues with Private Member's Bills

• Symbolism: Reduced to a symbolic gesture, PMBs have become more common due to disruptions and early adjournments.
• Democratic Setback: Ignoring PMBs is more than just a procedural blunder; it signals a concerning democratic regression.
• Sharp Disparity: In the 17th Lok Sabha, 729 PMBs were introduced, with 705 in the Rajya Sabha, although only a few were debated.
• As of 2024, only 20 MPs had introduced PMBs, and none of the 64 introduced in the Lok Sabha had been discussed.
• Lost Opportunities: During the winter session, disturbances and other disputes dominated Fridays; during the Budget session, one Friday was set aside for Union Budget deliberations.
• Limited Introduction: Of the 82 PMBs listed, only 49 were introduced on one Friday; only one was discussed, and even that was brief.

Way Forward

Prioritizing Private Member Bill Discussions

• Allocate dedicated time slots to ensure meaningful legislative engagement for Private Member Bill debates.
• Prevent pre-emptive adjournments that hinder discussions, ensuring uninterrupted debate.

Encouraging Cross-Party Collaboration

• Foster bipartisan support for PMBs that address social and economic issues, promoting broad consensus for effective legislative action.

Establishing a Priority Committee for PMBs

• To ensure that important matters are addressed immediately, a committee consisting of experts and MPs should be established to review and choose high-impact PMBs for prioritised discussion and vote.

Extension of Parliament Working Hours

• Increase sitting hours or allocate evening sessions to ensure adequate time for both government and private members’ business to be discussed and voted on.

Protecting Time for PMBs

• Time allocated for PMBs should be treated as sacrosanct and protected from encroachment, except in cases of national emergencies.

Enforcing Consistent Debate

• The reserved hours for PMBs must be strictly enforced to facilitate substantive debates and effective decision-making.

Adapting the UK’s Ten-Minute Rule

• Adapt the Ten-Minute Rule from the UK Parliament to allow MPs to present and defend a PMB briefly, followed by an equal-time opposition, ensuring that more legislative ideas can be efficiently introduced.

Conclusion

Jagdeep Dhankhar, the Vice President of India and Chairman of the Rajya Sabha, underscored the significance of PMBs in strengthening democracy, characterising them as "far-sighted" and a "gold mine" for India's legislative framework. These thoughts underscore the potential of PMBs when properly cultivated and executed.

Practice Questions: Examine the importance of restoring the Private Member’s Bill system inside India's legislative framework.  What is the impact of its decrease on democratic government, and what measures should be adopted to guarantee its successful implementation?