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· W,8.2 Q2j India
Consultant Editor Rajesh K. Jha

: ALWAYS LEARNING ( . . PEARS_.O . 'I

 6
Contr-ol Over Indian Administration
, r

After reading this chapter you will be conversant with:

• Legislative Control
• Executive Control
• Judicial Control

LEGISLATIVE CONTROL
The legislature comprises of the elected representatives. They
are accountable to people
who repose confidence in them for governance. The Legislatu
re is one of the branches of
the government. As it is accountable to the people, the adm
inistration shall have to be
responsible to the government. In other words, the administ
ration is accountable to the
people through the Legislature. The administration in a broa
der sense is represented by
the Council of Ministers who are in turn responsible to the
Legislature. The law making
authority is the Legislature. It has the authority to amend
laws and also lay down the
national policies and priorities in broader perspective. Furt
her, it has the legitimacy to
grant funds to the government. The administration cannot spen
d a single paisa without
the approval of the Legislature. The Legislature has the auth
ority to give overall direc-
tion and exercise its power to supervise and control public
administration. According
to Willoughby, «far reaching decisions regarding the characte
r of work to be undertaken
and the means to be employed in performing such work, givin . I
g the necessary directwn
for its performance; and subsequently exercising such supervisi
on and control over the
persons to whom the work is entrusted as will ensure that it
is being properly and effi-
ciently done:'
The Legislature control mechanism differs from democratic
government. The con-
trol by Legislature over administration in a presidential form
of government differs froJ11
that _of th~ parliamentary form of government. The governm
ent of USA is based on tbe
presi~e_ntial form of government. Apart form laying down
a broad public policy and
exercismg control over appropriations the Congress in US enjo
as follows: ys certain specific powers
 Control Over Indian Administration I 153

n,e doctrine of co-directorship is eviden

ced in this form of government. Co-di-
• rectorship denotes direct parti~ipation
of the legislature in the arena of decision-
rnaking and Legislature is entrusted, accord
ing to th~ doctrine, to exercise direct
control over the administrative department
s.
• 1he Congress oversees the functions of
administrative departments like Library of
the Congress, General Accounting Office
(CGA), government printing press, etc.
, 1he US Congress has the authority of
legislative investigation. It investigates
the cases of serious nature with regard
to commissions and omissions com-
mitted by the officials. According to L. D.
White, "A legislative investigation or
the mere threat of investigation has far rea
ching effect, and investigations are
sufficiently numerous so that no sensible
official fails to reckon with their pos-
sibility and to safeguard his official acts
accordingly. The result is perhaps to
secure regularity and _caution rather tha
n boldness and energy, but there can
be no doubt that the possibility of an inv
estigation is an element in controlling
official action:'
There is a system in the US called "case
work''.-It denotes the constant, consistent
and keen contacts established and maintaine
d by the people's representatives with the
officials. The legislators intervene and seek
remedial action on valid complaints of the
constituents: ir

• The USA's constitution authorises the

Senate to confirm the treaties and also
appoint high public officers;
• The Congress, determines the structure
of the organisation, and has the author-
ity to create the administrative department
, commission and other administra-
tive organisatio ns.
Countries with the parliamentary form of
government greatly differ in their practice
from that of the US. In countries like Engla
nd and India, the control is exercised by
Legislature over administration through·th the
e Council of ministers. It is an indirect con
trol exercised over broad policies and genera -
l administrative performance. The Counc
of ministers exercise control over the adm il
inistrative department in ensuring wheth
the policies and programmes given by the Leg er
islature and the ministers are implemented
properly or not. But the Legislature does not
look into the day-to-day details of adminis
tration. It is the concerned minister who is -
responsible to the Legislature for commissio
and omissions of his department. The Counc n
il of Ministers is bound by the constitutional
and political mechanisms of administration
. The ministers are the elected members and
constitute part of the parliament and more
especially the lower house called the House
of Commons in UK and ·Lok Sabha in Ind
they are equally ia. Along with other members of the hou
entitled to participate in the deliberation of ses
sures, reply to a question and defend the pol the Leg islature, initiate mea-
icies of the government. In a nutshell it is the
Council of Ministers which is responsible
or accountable to the Legislature about eve
aspect of the government. The Legislature ry
the atr has sev era l ways to express its disapproval of
°
ion f the government:
154 Chapter 6

• By defeating the government on some important issues;

government;
• Not approving the legislation brought before it by the
• Refuse to grant the appropriation;
• By passing a vote of no confidence.
d through:
The control exercised by the Legislature could be discusse

• Questions, resolutions motions, debates and discussions

• Financial control
• Control by the committees of the parliament.
es to exercise control
Iri parliamentary system the legislature has several ,devi~
rs': Members of the parlia-
over the administration. One of them is "Question Hou
tion .~nd ~qme times such
ment ask questions over certain issues to elicit informa
vances of the citiz_ens. A
questions lead to uncovering misuse of authority or grie
disclosure of Mundra Deal
mere question by a member of the parliament led to the
ber/members of the par-
or Mundra Scandal. The period that is· required for a mem
ten days and not more
liament to put the_question is just a notice of not less than
. There are three types of
than twenty days. The concerned minister has to reply
questions, These are. ·

• Starred;
• Un-starred;
• Short-notice.
the arliament. Gener-
It is the speaker who has t~ allow the question to be asked in . p . .
ally the spea½er consults the concerne d minister and the 1nclus10n of the
r I. . . may perm it
question in the list of th
the question dependinge quetsh10~s. tis thences discretion of the speaker to allow or disallow
' on e circumstad The s ak may al so permit a member
to ask a supplementary que r b · pe er
the subject of the main quesst_~on c.a outd a ditional or further information pertaining tot
ion irame and asked in the House. The minist~r may no
answer certain questions in publ"Ic mter . · d
. . e the attention of th est· Resolutions or motions also can be move
to mVIt
ters. Fifteen days time and
notice is required to move : gove;n~ent on particular mat
resolution is not binding on th reso utton.ent The speaker may even reject it. Further, thed
e governm ifp assed bYth e House. But it can be move
d
un er certa in restrictions as:

• It should be specific;
• It should be a matter of urgency-
• It should · '
• It sh pertam to general public interest;
ould not pertain to a privilege.
 Control Over Indian Administration I 155

A member can move the motio n and it should b

c h f . e supported by at least fifty members
1or two ours. I the motio n is appro ved ·t . d .
and discussed . , 1 1s treate as censurmg the gov-
. h .
ernment, but the speaker. 1s always reticent to give perm·1ss1on to sue a motion.
. .
A motio n can be raised by two other metho ds in th e House. One 1s half-an~hour
. . h
ns .to matte rs of public interest, and h c
discussion. This. pertai
. anot er 1or t e purpo se
. es three . days,
raising pubhc i11terest ,1s a two-h our. discussion · Such mot·ion reqmr
o f .
the memb er makes a sh ort statement of t h e
notice. If the speak er . d1scus
allows. the . s1on
d ter gives a short reply· There shall be no 1orma c . n
l
·ssue and the conce . rne minis. 1mot10
and voting. A. vanan t of . discus sion
is spread over a two -hour d'iscuss - .
ion. v
1.et anoth er
from
method in th is regard is the short action notice. A memb er can seek explanation
allows
the mini ster on matte rs of urgen t public intere st at a short notice. If the speaker
ent
it, it comes before the Hous e at once and the conce rned minister makes a statem
immediately or later.

financial Control by the Parliament

-
Toe financial contro l forms the most impor tant instrume~t of legislative control over
of India,
public administration. In the opinio n of Administrative Reforms Commission
s of
"It is one of the prima ry functi ons of the budgetary process to satisfy the requirement
rity to
accountability to parlia ment which in our 'democratic set-up is the ultimate autho
is fully
sanctj.on the raisin g and spend ing public funds. Parliament control of the purse
al:,
established and truces canno t be imposed and no money is spent without its approv
priated
The legislature exercises financial control over the administration throug h ~ppro
money and post budge tary system/meth~d.
the
Annual financial statem ent containing estimates of revenue and expenditure for
per the
financial year is prese nted \)y the finarn;e minister in the house, i._e. Lok Sabha as
e 11~ (3)
provisions of the Const itutio n of India [Article 112 (1)]. According to Articl
it. Soon
no demand for a grant shall be made unless the President of India recommends
. The
after the presen tation of the budget, there will be general discussion in the house
mance
members discuss about the policies and programmes already taken up. The perfor
can
of the gover nmen t durin g the past year of finance is also di~cussed. The Lok Sa~ha
st~ge,
reduce, assent or refuse the dema nds for grants but it cannot mcrease them. At this
motion
cut motion can be resort ed to on partic ular demands. The intention of the cu\
may centre on some tangib le points as:

• Policy cut;
• Token cut;
• Econo my cut.
• instru ment The legislature expresses
1·
Policy cut: It is an impo rtant legislative po icy . .·
d b th conce rned mlillstry.
1·ts disapproval of the polici es pursu e Y e
 156 I Chapter 6

Token cut: It is an instrument of legislative control, which has a.purpose to venn1

a particular grievance pertaining to a demand put forth by the concer!led ministry; ate
. Economy cut: It is a·measure aimed at reducing the amount demanded which .
the opinion of a member or members is considered wasteful by a specific sum. in
Thereafter the bill is put for consideration and pa~sing and is calle~ the Appropria-
tion Bill. The l~st ~tep in the whole process _ happens to_ be the,-fin~~ce bill containing the
tax proposals..'l1'~·,parliament cannot increase a.tax. It 1s t~e party 1~ p~wer managing or
enjoying ~~ ,nr~j:Ority, which ensures the passing of the ~di by a maJonty. If either of the
party (rµling/ppposition) rejects the bill, it amounts to ~ensure of the government and it
~as J2:te.stgn. ✓Apart from the _said exerdses the legislature has, the fol_lowing instruments
of:c-etitr.ol
. .,I',:_..-;. •. over. administration. -'
:1:lh-"' ~- "Vote on Accounts;
·• yote on Cjedit;
• _Supplementary demands;
• Re-appropriation of grants.
Iri addition·telthe dis'cussiqn made supiJf tli~re are-three Parliamentary Committees
to control the activit}is of th~'governm:eht. -_·: ,.:, ,· -,-" · : -_ · --.- ~<
know how
"in a ~eiri~cia<;fi4e-_p-bJplihavliigfit'fc;- ffi®-ey✓isspeNt. "'ffii gc_>veniinent
is ·acccrundble to the people througfrthe pariiartieiit. 1he demands of various·adminis-
trative ministries' are met by the parliament ~iid money sanctioned by it'has to be spent
by the executive·branch.of the government. the parliament has the rightfo know from
th·e administi-ativ~-miriistries'as ·tcf how the:sanctiorted ·money has ~een spent. Thus, the
ex_ecutive is ac_countab1e to the parliament. Since·parliament is seized with ·the national
and internati~n-~l ll!atiers;-1fmay,'not be in' a·position fo spare much time or invest ener-
gie_s on disctissrorfof the,exP-endtture. Due care with deep insight shall have'to be taken
with regard to the mone'y sp·ent by the executive. It therefore·becomes imperative for the
parliameritto createcertain institutions to-take care of the public expenditure. Therefore
it created constitutiona1 autlrorities as: · . . ·
• Comptrollen and Auditor General; ·
• The Finance Ministry;
• Committees. appoint~d by the parliament. .

The comptroller and auditor general and finance ministry have been discussed
alre~dy in earlier chapters. This chapter deals with the parliamentary committees, co~-
cermng the accountability on public expenditure. The exercise of control over public
expe~diture is an essential c~aracteristic feature of accountability. It is necessary that the
public expenditure is made prudently to ensure:
• that no wasteful expendiiure is made;
• that the money is not misappropriated;
 Control Over Indian Administration I 157

• that no hasty grants are made;

• that the people are not un-ne cessa rily burdened; and
• set goals are achieved;
of financial transa •
ctions is needed after th e b ud get- 1s t d
A vigilant review
f h b d t d . execu e ..
. .,,,
O t e u ge an maki~ g result ant appropriations are not enough; the
Mere passmg
th accordance with
legislature should ens~re at mone y given to the executive is spent in
the mone y is
we provisions made m the b~dge~. !he legislature tnust also ensure that
uous audit .of the
, spent for the purpo ses for whi~h it is voted. In pursuit of this, contin
oned earlier.
1
public accounts must _go 0 ~ by mdep enden t authorities or bodies as menti
state the observa-
'Jhe review of expen diture is necessary. In this context it is relevant to
follows:
tions made by the Royal Comm ission on Civil Service of 1929.- lt is as
t be left to the
. . "On the whole, experience seems to show that the tax payer canno
on of each item
spending depar tmen ts that those interests require the careful considerati
resources of the
of public expen diture in its relation to other items and to the available
conce rned in the
state as well as the vigilant super vision of some authority not directly
and effectively be
expenditure itself and that such supervision can be most naturally
quest ion arises
exercised by the depar tmen ts which is raising the revenue required:' The
rding to Durell,
which depar tment·shall exercise contr ol over the spending agencies. Acco
the other in the
"The public and the parlia ment shoul d be satisfied that somewhere or
autho rity· whic h
, government there is a .guarantee for financial order; that there is some
tmen ts
1
will watch the progr ess of expenditure, the obligations which the different depar
obligations are
are incurring and will give timel y warn ing if that expenditure or those
either on runni ng the reven ue provi ded for the,year or engaging the natio n too deeply in
exercising contr ol
· future years:' There are certa in meth ods adopt ed by the parlia ment for
ries:
over expenditure. Such meth ods are generally classified into two catego

• Built-in mech anism s laid down by the parliament;

• Parlia menta ry comm ittees ;
• The parlia ment comm ittees , unde r discussion are:
Public Acco unts Comm ittee (PAC)
Estimates Comm ittee (EC)
Comm ittee on Publi c Unde rtakin gs (COP U)

Public Accounts Committee (PAC)

ment to const itute
It is a constitutional comm ittee. It is oblig atory on the part of the parlia
India in the year
it. The public accou nts comm ittee was const ituted for the first time in
rep?1: perta in~d
1921 as a result of the gove rnme nt of India act of 1919. The first audit
e mm1ster. But m
to the year l 921-1922. The chair perso n of the comm ittee was the financ
accordance with the const itutio n of India ,· the pract ice was aband oned.
158 I Chapter 6

COMPOSITION
The committee comprises of a chairperson anci}2 members.

FUNCTIONS
• Annual financial statements of accounts and also any 0ther accounts present
to .the parliament by the committee. The report submitted by the c_omptroHer a;~
tam receipts> d'1S-
auditor general contains two parts: (1) The finance accounts con •

bursements and cash balances and appropriation a~co~nts _give a c~mparison of

the grants made by the parliament for particular obJect1ves-along with the actual
expenditure for the purposes mentioned. ·(2) There are separate a~dit,reports for
1

defence, post and telegraphs, and railways. The comptroller and auditor general has
to ensure the following: - - · ., -
_ The funds mentioned in the accounts were made available and also disbursed to
the vendors for purposes to which the-said -services applied and charged;
! ~::

Members and iri turn the chairperson should take ,care to ensure that the secrecy is
preserved in letter and spirit.The reports of the ~om~ittee contai.t?Ahe opinions and also
its findings of the accounts of various departments.·Approval ·or disapproval with regard
to expenditure made by the ministries and departments are-recorded in the·reports. The
committee points out the misuse-of funds and suggests the remedial steps_to prevent such
occurrences in future. Tb.e committee; as stated earlier, can appoint-sub-committees to
delve into the issues in d~tail and suggest their opinion. The sub-committee may have
four to six members, including the·chairperson. The comptroller and auditor general
has to present himself before the sub-committee and assist them. As soon as the work of
the sub-committee is over, it is deemed to have been wound tip. The report of the sub-
committee is submitted to the committee. ·· ~
It has become a conven'tion for, the comptroller and auditor general to give Public
Accounts Committee an interim·- report, 1he committee examines it and forwards it to
the government in anticipation of the final r.eport. ~e final report is placed before the
House. This step is taken in.view of the criticism that by the time the public accounts are
scrutinised the issue becomes old and stale as well. · '

REPORTS OF PUBLIC ACCOUNTS COMMITTEE

The _reports of Public Accounts Committee are published after these are presented in ~e
parliament for discussion. The reports invite attention of the media. A healthy convention
for ~he government is to accept the report. The recommendations made by the committee
;;e~~plemented by the government since the committee is above the political partY JiJleS,
. t e government does not agree on certain recommendations the committee advances
its reasons. Generally the differences arising between the conun'ittee and the governmellt
 Control Over Indian Administration I 159

d and solved. The concerned department has to enli.ghten the committee

e discusse h h f:
Ananat Sayan A.
ar d b th together have to t ras out the problem gar, a a~ous
aJ1 oaker observed that the recomm endations. of the p bl'1camAccoiyan
unts Com mittee
. d . u
ex:-spe 1 iament, which are bindin on the
b convention as goo as reso utions of the parl
ent. The gov ern me nt has to tak~ action urgently over the recomme!dations
ar:e!nm
cerned ministry or the department is
~ade by the Public Acc?unts ~ommittee. The con
general applicability shall be marked
held respon~ib!e f?r taking action. Matters having
a circular for necessary action. Public
to all the m1mst~ies and departments through
report and discuss it in the parliament
Accounts Committee should not only submit the
entation of its recommendations. Of
but rnust also act as a watchd~g as pa~t of implem
the union gover11ment also is vigilant
course the department ~ p~h~mentary affairs of
0
d by the concerned ministries and
nd ensures that the mmistnes are implemente
monitor the process of implementing
~epartments. Eac~ ministry has a senior officer to
the recommendat10ns. ·
has the following sections:
The Report of the Public Accounts Committee
original report).
• Chapter I: Report (containing highlights of the
which have been accepted by the
, Chapter II: Recommendations/observations,
Government.
which the committee does not
• Chapter III: Recommendations/observations,
from the Government.
desire to pursue in the light of the replies received
rvations which have not been
• Chapter IV: Replies to recommendations/obse
eration.
accepted by the Committee and hence require reit
in respect of which the Govern-
, Chapter V: Recommendations/observations
ment has furnished interim replies.

Efficacy or Usefulness of the Committee

as :matters of paramount importance
The scrutiny of accounts and expenditure is treated
the poin t of view of nationa l inte rests. It is for the same reasons that the govern-
from
ations of the committee by accept-
ment implements the findings and the recommend
democr~cy. Mav~ankar, the former
ing the report. It is a healthy practice for a healthy .
ion in this connection: .
speaker of Lok Sabha expressed the following opin
enditure com~s f~r d1~cuss10n,
"Whether you like it or not, at the time the exp
are not sitting in jud gm ent on the exp end iture incurred keepmg m mmd !?ur
~ou
of the members of the opposition
hkes and dislikes . Moreover the association
g to be scrutinised with no special
assures all, that the governm~nt spending is goin
tenderness:' •
It 1·s pert·ment to state here th at the report of the PAC . ecti.ve
is the culmination of.coll
. , of scrutinising the accountsthof the admm1s trative
efforts of C&AG's report as the bas1s · f th
mittee and e secretariat of th e
depanments by th e commit. tee, work of sub-com
li nee and errors on the part o e
Lok sabha. Therefore, there is less scope 1or c
neg ge
160 I Chapter 6

committee in compiling the report and more especially, the part of conclusions
recommendations. · . and
t
It is also worth noting that the committee since_ its eS ablishment has suggested t
following for improvement keeping in view the efficiency, accuracy and economy: he

• Reforms in the goyernmental procedures; _

• Adherence to regul~ity and accuracy in.~ccounting matters;
• Adherence to norms of economy and efficiency;
• The separation of accounts from audit (The PA_C also was inStrumentaI in advis.
ing the government in its favour); . • . _ _ ·
: ;:.. •
0
of
• Introduction of an appropriate scheme ac,~ounting and financiai control.
e,,,-- , ~

A prime feature of the .PAC is that it,acts as a quasi-:-j~dicial authority for the follow.
ing chief reasons:
0 0

• It questions th~ officials-respo~s1ble for undesirable deals;

• It can call'for files, paper~, do~umints and any other-material it desires from the
·g?yer1J.11_1~nt; - -,· .· : -; "-·_ - ··. , .
• -lt-has"the autho!ityto inJerrogate the-witnesses;
• Its-w~rd"is1i~at~d::'as-la~. -. · ·. -
.,

But one has tQ take not~·ofthe indiffere~ce being exhib~ted in the same type ~firregulari-
tie~ th(?Ugh .time arid again_the committee ·asked the ministries arid tp.e departments not to
commit such such impropti_~ties.1t has become a habit.for departments to make notes on the
files·concerning the implementation of the committee's recommendations: ·

·• Recommendations noted;
• Explanato~y memorandum sent to the committee;
• Matt~r under consideration, etc.
While appreciating the ·role of the PAC, Morris Jones observed, "The work of the
committee serves to bring the officictl and politician together and .train both the former
iri respon~iveness to public-opinion, the latter in the task of constructive criticism:'
The PAC.efficacy could be understood.cl.early fromJtsindirectinfluence on the·minds
of the ministries and administrators. PAC -keeps the,officials from ,committirig errors or
wrong deeds or misusing funds. This ''check'' acts as a·deterrent. It is a fact that fear is one of
the greatest elements that keeps man straight and upright. M. N. Kaul, former c&AG _also
stresses on this fear element. He recalled ;the functioning of a member of the comnuttee
Mr. Satya Murthi during pre-independence period as:
"By his intensive studies' and rigorous examination of official witnesses, he not onlj 0
struck terror in the minds of officials, but established his own reputation and tbat
the ~ommittee... It was rumoured at that time that a few officials who were not str011g
~e~ted took leave in advance of the meetings of the committee so as to escape the aaJll·
mation by Satya Murthi:'
'
t Control Over Indian Administration I 161

In brief, the PAC ensures -

• constraint and consiStent vigilance by the department over expenditure;
• discipline among the departments with regard to expenditure and revenue;
• check against slackness;
• check upon negligence and arbitrariness, etc.

' coNSTRAINTS OF PAC

The pAC is the prime committee of the parliament and discharges its functions freely
and [rankly. It ensures good accounting and clUdit norms among the administrative
departments apart from working as an ag~ncy of check.
However, its constraints are:

• Toe committee has no jurisdiction to interfere in the internal administration of

the ministries and administrative departments; -
• It has no busines~ to disallow~the expenditure made. But it has the authority to
call the attention of the officials who spend funds in violation of norms, rules
and regulations; . · · _ '- - _
• Toe committee cannot question the policy decisions_of the government and the
amount used to implement them. Thus it is-difficult to demarcate a line between
policy and non-policy matters. When_PAC.scrutinises_certain financial transac-
fo
tions as wasteful expenditure, it certainly amounts state that it wa~ the inad-
equacy of the policy. As Morris Jones observed, "the boundary lines between the
technical and political are ill-defined': While examining such aspects the PAC
goes into the detaUs of the following:

• Technical irregularities;
• Wasteful expenditure;
• Extravagance;
• Administrative defects;
• O!gcl!lisational lacunae;
• Un-suitable administrative controls and so on.
• The executive branch of the government is not under any obligation to adopt the
reports given by the. PAC. The administrative departments advance the reasons
as to why certain recommendations are not adopted. Further, the aspect under
question may be postponed to meet the next session of the PAC.
• The enqmry · on any issue
· of audit is initiated by CAG but not at the initiative
demand of the PAC. The CAG happens to be the strength as _well as th'~ we~ess
of P'"C I • . t t here the opinion of Morns Jones,
.n . t 1s pertment to s a e h c CAG• .
IS• at
once a source of strength and weakness · It is a source of strengt , 1or It 1s actmg
162 I Chapter 6

hand of the committee helping it in deliberations. It is a source of We

for the weakness of its audit, if there is any, limits the scope of the Workakness,
committee also:' of the

Estimates Committee
The origin of the ·Estimates Committee goes back to the earlier part of the twe .
. dunn ..h
. g the Bntis . e, co~s~.ituted the standin
ntieth
century. The Gove rnment of India, _regim
me g
committee on finance in the year 1 921 in accordance with the provis10ns of Govern
under t:t
of India Act, 1919. The Standing Finance Committee (SFC) was completely
to be the
administrative control of the finance ·ministry. The finance minister used
s of the
chairperson of the committee. It was to discharge its function under the dictate
ore, on:
finance minister and no independence was assured to the committee. Theref
obtaining
could understand the nature of the organisati~n and it~ functions. But after
its services
freedom, the need was felt for an estimates committe~. which could render
estimates
to the nation free from the control of the finance ministry: Though the first
committee
committee in free India was elected on April 10, 1950, the old standing finance
of the
continued to function till the genetal elections were held under the framework
Therefore,
constitution of India and a democratically elected government was forined.·
the first estimates committee was constituted in the year 1952.

COMPOSITION. OF THE ESTIMAT

.
'
ES COMMITTEE ,'

the chair-
The ·estimates cominittee at the beginning comprised 25 members, including
the year
person of the committee:'Later on the number of members increased to 30 from
scope to
1956-1957. The chief reason for increasing the number of members was to give
A sub-
constitute sub-committee since the earlier number was considered inadequate.
e the
committee was needed in addition to study groups which were designed to examin
issues in detail and assist the main committee on specific issues. .
1he
All the members of the Estimates Committee are from· the Lok Sabha only.
ing to
Rajya Sabha is not represented. The members of the committee are elected accord
vote. It is
the principle of proportional representation by means of a single transferable
ers of tbe
ensured that all major political parties are represented from among the memb
to tbe
Lok Sabha. Care is taken to see that the strength of the committee is in proportion
is tbus
strength of the Lok Sabha. It is pertinent to state here, "the estimates committe~
rnor~r
the House in miniature as it represents the parties and groups in the Lok Sabha
less in propo~~ion to the representatiqn in the House:' No representation is given 0
to th;
er ~hiS
political executive i.e. any minister incl~ding the Finance Minister. If a memb
~ the
com~ittee is appointed as_the minister, he ceases to be the member from the date
appomtment to the Council of Ministers. The speaker appoints the chairperson
°
h ·rpersofl
.
committee. If the deputy speaker is elected to the committee, he becomes the c ~
I►

Control Over Ind'ion Administration I 163

th committee. It is observed that, generally th

of the ruling political party is appointed as th~ c: ~ember of the Lok Sabha belonging
to ethat the senior member of the Lok Sabha hai'l~•rpefrson of the committee. It is also
seen e chairperson of the committee. The impo , tmg rom th e ru1·mg party is preferred
to be th k r ance of the c ·
the fact that the spea er of the Lok Sabha not 1 . omm1ttee can be gauged
,I byfthe committee but also sometimes attends the on~ evmces interest in the working
,
0 ·th the chairperson of the committee who keeps h.
meetmgs H · · .
b · e is m contmuous contact
Wl ki g of the committee. im a reaS t of the developments and
wor n
The term of the members of the Estimates Com •tt . c
'bl b f h . m1 ee ts ior one year. Every year as
far as poss1 ke,Sobnhe memfiller oht e committee is retired and fresh members are elec~ed
from the Lo a a to sue vacant position · Th.IS practice . ..
. was m1ttated in the year
6-1957 to ensure t hat the succeeding committee shall h th b fi . .
195 d d • ave e ene ts of contmmty
of pro~e ure~, norms an practices. The committee holds meetings when the Lok Sabha
is not in session.

, functions

It is a parliamentary committee whose primary purpose, and inter alia, purpose is to

scrutinise the ~stimates included in the budget. It has the onerous responsibility to sug-
gest economy m government expenditure. It has a broad spectrum of functions within
which the framework falls with the following functions: .

• The committee shall have to suggest and report that the economies be affected in
addition to improvements in organisational efficacy apart from administrative
reforms to be implemented;
• In furtherance of efficiency and economy, the two cardinal principles of public
administration, the committee has to suggest alternative policies;
• Examine whether the finances are well planned within the sphere of policy
implied in the estimates of the ministries and departments;
• Suggest the form in which the estimates of the administrative departments will
be presented for approval.
The estimates committee used to undertake the estimates of public enterprises too.
But with the establish~ent of another parliamentary committee called Committee on
~ublic Enterprises (CPU) the functions under question were taken care of by the CPU
since 1964.
. It may not be possible for the committee to look into th~ ~sti~ates of a~ t_he
ministries
. annu a11y. Th ere1ore,
c the committee
. selects. a. few m1mstnes. to .scrutm1se
f th
t~eir estimates. Further the estimates .will be scrutm1sed at the begmmng _o . e
financi_al year. It is pertinent to mention here, that the entire estimates of the m~n~stry
Will not bet k b c I t d subJ. ects of the ministry will be scrutm1sed.
Th a en up uton1ya1ewse ec e . . fi 1
e practice is in vogue in the British administration. The examination, or examp e,
 164 I Chapter 6

of six or seven ministries might be taken up during the first session of parli
but the estimates of only thr~e ministries would be examine~ tho~oughly.
at the feasibility of the transaction ·a work pattern was decided in the year 19 g
L~:t,
· -f ff . 51
which ensured thorough examination and improve~ent O _e icien.cy and econoll}
. But.as an exception to the sai~ rule, the parli_a ~e~t•0 : t~;;,spe~ker c~u~d direct t~
committee to take up the examination of the estlm~tes ·o( certain specif~ed subjectt
!of the -specified ministries. Furtqer, it should be pointed out th ~t the ! 0 ~ing of grants
by the parliament might not·much depend on the report submitted b~ the estimates
committee. This statement leads ·one to under~t~np that -the .comrtut~ee need not
examine the entire statements of estimates of finap.cial year and the demand for
·:gra:-nts need not wait for the report of the-estim~tes~committee. ·The ·work ·of the
-committee·continues throughout the .year al)d the committee continues to -submit
-its :rep0rt to the House as the -work proceeds. The infl:~ence of thi~ stat_ement, at the
risk of repetition i$ to explain in clear ten~s, that the col)lmittee's role has-nothing to
do witp. the framing of estimates and also v.ptiJ.?-g of ~emands in the parliament. The
estim~tes committ~e is an advi,sory body and fr can~ot disallow any exp_eJld!iure. It
, - suggests economies to be effected in the expenditure. The suggestions made by the
COll,l)Ilittee·s~rve.a~ gµidelin_es-.for the future:,• ':, _- •--~··. ,, 4 • - ._

< Yet another -pr_ime area:.the·c~niniitte~L~_ohcentrates _upon is the area:ofrpolicy. At

the-initial stage when the: co.frupittee:was_constituted, it was not -allowed·to -interfere
with the policies of the -governmen_t ;This: made _it appear that the ·com~!ttee~had no
utilitarian purp_os~ to serv_e a!__all. ~e com~itte~ _complained that such policy has a
made·the co.thiffiit~e non..:.effec!ive· ari9 no·n.: . useful. The parliament reacted-positively
-to the demand of the com•inittee and in' the year 1953 th_e function of formulating
alternative polic;:ies ~o bring about efficiency and economy was add~d. B1ithe'question
remained as to:·~hat exactly the policy ·meant in the context of role of the commit-
tee'. ro this end :the ·speaker of the Lok Sabha through a directive classified -the term
~policy" in the following manner:.. : . . · - , . ·
"~e term pol~cy relates only to the policies laid down by parliament by the statute or
by speq6.c resolut10ns passed _by the committee to examine any matter which may h~ve
been settled as a matte~ of_pohcy by ~he government in the discharge of its fun_ctions:
As_regards orgamsational efficiency, the committee examines the functioning
and proceedings of various ministries and administrative departments and suggests
measures to boost up the economy. The committee, in a way, advises the government
on t?e o~ganisation and methods (O&M). It also suggests, after examination, the
class1fication and form of accounts to be presented to th li t Th Lok Sabha
t d' th 1 'fi . dc e par amen . e
s u 1es_ e ~ ass1 ~at10n an 1orm of accounts, submitted to the parliament and at the
same time 1t ·ensures whether classification is made . d th heads of
"h d" d " d" f - - appropnate un er e
c arge an vote . I the secretariat notices any discrepan ·t b . 1·t to the notice
of the c~airperson of the committee. The chairperson in turncyd, .1 nngsthe matter with
the fi nance mm1ster. . dd . , , 1scusses
an ec1des.
 Control Over Indian Administration I 165

ftlE pROCESS OF COMMITTEE'S WORK

...,mittee's work process is lengthy and cumbersome but it brings out IOt Of · t r
rt1.e co
1 •
. . a me-
d worthwhile material from the Point of view
"
J.i'.
. of efficie ncy and econo my. The
esung an to
committee unhke the PAC does not have any report submitted by CAG .but it has
ence its work from. scratc h. As has been discussed ear11er,. h
comm . . . · t e committee selects a
inistnes for exammation and wntes to the minist nes . c at10n
• to send m1orm .
about
few m
th ed and
the estimates ~hey h_ave place~ ~ef~re e House. The committee furnishes a detail
form m whICh the mm1s tnes .have . rtmg
to fill in the infio rmat·10n suppo • the esti-•
Jen gthy . .
be given
mates. 1bere ~re as many as nme headmgs over which the information has to
by the ministnes they are concerned with:
, Organisation of the ministry;
, Function and volume of work in the ministry and its attached offices;
, The major details on which the estimates arc framed;
, Schemes or projects undertaken;
last
, Actual expenditure incurred and also ·sub-heads of estimates during the
three years; · _
and
, Reasons for variations if any between actual expenditure of the past years
the current estimates;
, Current estimates;
, Report issued by the ministry concerned;
• Any other information.
ed
Based on the information furnished by the ministries, a questionnaire is design
rned
or structured by one.~(the sub-committees. The questionnair~ is sent to the conce
ns to
department of the ministry_ for its re~p~nses. If the infor~ation so received happe
perusal;
be confidential in nature, it is given only to the chairperson of the committee for
en the
otherwise it is sent to all members of the committee. In case differences arise betwe
As has
committee and the departments, they are sorted out through mutual discussion.
nted as
been stated earlier, the committee can constitute sub-committees. They are appoi
can call
many as the parent body, i.e. the estimates committee needs. Such committees
officials
for persons, files, papers, information and data for the study or examination. If
attend
are to be examined as witnesses, all the members of the committee will have to
·
Such a meeting as also at the time of preparation of the final report.
t-
The Estimates Committee in its meetings with the official of ministries or depar
is made
ments face difficult situations when an expert-like CAG, who is opposed to PAC
skills
a:ailable to O it. The elicitation of information from the officials requires best of
er
since such a test is delicate in nature and consequence. In this context a former speak
from a
observed that, "you must get information from them just as a bee sucks honey
166 I Chapter 6
Th
»1 .
flower without destroying it. It is rather a difficult matter . · e commi ttee, apart frolll
officials, examines the non-officials also. .
. ·n· ofthe s"id information, membe . rs prepar e a tentativ e guidet:_
er
Soon aft th e co ll ect 10 ~ f; . . l!Iles
or draft report. Such a report is placed before the w~ole conunitte~ or its conSideration. 'Ihe
· · n of the commi ttee The COnuni tt
majorit y of opinion s is treated as unanim ous opimo ,, . · . ee sends
. . t marked as "secret . 'Each report contain s, mainly th
the report to th e concer ne d m1ms ry . e
following aspects:
• Matters pertaining to improving the organi sation;
• For securing economy;
• Providing guidance for the presentation of the estima tes.
The final report is presented in the House. But the report will n~t be discussed
here. Me~be rs of the Lok Sabha are entitle d to refer to the report s dunng the discus-
sion in the house. According to A. Premc~and, an expert in _finance and economics,
"after the presentation of the report the minist er who may not see eye to eye with
the committee will gather suppor t on some general propos ition on political grounds
and on such an issue being raised in an acute form, the useful ness of the report may
be nullifi.ed:' But the government generally accepts the report . If any major differ-
ences exist, the matter is referred to the parlfam ent but such a situati on is not allowed
to develop where discussion is essentially require d in the parliam ent. The committee
ensures that the departments implement the recom menda tions. The ministries also
inform the committee and thereafter prepar e the follow -up report. Such a follow-up
report contains: ... r

• Statement about the recommendations and acceptance of the goveriiment about

what was actually implemented; . ·.

• Statement indicating government's inability to implem ent the recommendations;

• Statements to the effect that the recomm endatio ns were not accepted by the
go~ernment (But the committee adheres to the propos ition that the recommen-
dations should be accepted and implem ented by the govern ment);
• statements expr~ssing the recomm endatio ns over which the final reply is not
sent by the government.

THE ESTIMATES COMMITTEE: AN APPRAISAL

There are certain drawbacks of the commi.ttee:

• The nature and conten t of the . b . . h

expertise to d . h . JO reqmre s its memb ers to have a thoroug
isc arge its fun r B
ally laymen. By the time th c rnns. ut memb ers of the comm ittee are us~- 15
over; e memb ers unders tand the job, the period
j its c. • •
Control Over Indian Administration
I 167

The committee in actual sense of •unctionmg requ.ues th e ass.istance of an

I

• publ'
expert like CAG as provided to the IC accounts committee·
at •t If• . ' .
pe for the co mm itte e to arr og on
• There is sco e se m its role, what the constituti
1
e
of India prohibits . The aspects lik economy and effi.c. cy make th e committee
. ien
recommend the following;
;
Economic aspects of the ministry
Procedures;
tion w't h d . . ·
Finding fault with the administra . 1 regar to orgamsation
nts ; '
Re co nst ruc tio n of the dep art me

Redistribution of functions, etc.

t ent ail any usefulness.
Such a reformist ap pro ach does no
ry for
om me nd ati on s ma de by the est imates committee are no t obligato
• The rec · .
the go ve rnm en t to im ple me nt;
for the
ism lev ell ed aga ins t the com mi ttee may no t be of mu ch significance
The critic . _
following reasons:
rep ort ed is tha t it do es no t hav e the ·assistance of an expert bu t
• One sho rtc om ing erts
itte e is no t to dis ch arg eit s fun ctions as an expert body an d the exp
the co mm
thi s bod y, ma y ov ers had ow the _membe~s w~o are laymen;
if associated ~t h
to the
ista nce of CA G is ma de ava ilab le to the _PAC ,whereas it is denied
• The ass -
mm itte e. Th e ass ista nce .of CA G would burden the m and-if associ
estimates co enditure
d he mi gh t de ma nd ex tra sta ff to assist him thus increasing the exp
ate
to the exchequer; rised
ard s red esi gn ing of org ani sat ion al structure, the committee is autho
• As reg
ll;
to suggest alternative policies as we gov-
ard s all ega tio ns ab ou t rec om me ndations, it should be no ted that the
• As reg
s the rec om me nd ati on s of the com mittee an d thrashes out the
ern me nt accept
differences;
mm itte e be ing adviso ry, it ma y be stated that its influence on
• As regards the co ts.
en t is alw ays fel t by the mi nis trie~ an d administrative de p~ tm en
the go ve rnm
t fre e to use the m as it wis hes , it deprives itself of the mo st
If the house is no to the
l me an s of ob tai nin g inf orm ati on and advice. One may even go
natura
t the go ve rnm en t wo uld be the loser in case the committees
extent of stating tha
no t impkmented;
recommendations are ignored or
tha t the ass oci ati on wi th the committee provides a training
• It should be no ted m in
for the me mb ers . Tu ey exp eri ence tha t what they gain helps the
ground
administration;
l 68 Chapter 6
. t a moral check against the ministries and administ
• The committee ac s as rauve
departments.

Committee on Public Undertakings (COPU)

HISTORIAL BACKGROUND .
. f h h 1· mentary committees in India to exercise control over pubi:
It 1s one o t e t ree par 1a . . . . l!C
d'tu The committee was established in India qmte on the lines of the British
expen _1 re. 11 d S 1 t ·C ommittee on Nationalised ' Industries. There was a demand
committee ca e e ec _ nd
from an independent member in the Lok Sal}h~ Pr: La~ka Su aram, through a resolu-
tion, to establish the committee on public ~ndertakings in the month ofDe~ember 1953.
· The Parliament approved-the demand. S. G. V. Mavlankar, the t~en speaker of the Lok
Sabha apprised the prime mini~ter through a letter about the desire to create such com-
mittee for the following reasons: ,

• To attend to broader policy;

• To pay attention to operational problems of public sector undertakings· (PSUs);
• The PAC md estimates commijtee· are.already over burdened;
• Parliamentary means are not enough to exercise control over PSU's.
Reacting to the said proposal, the Congress, constituted a committee and applied, V.
K. Krishna Menon as the chairperson to ·study and examine the issue in detail. Conse-
quently, the committee favoured the idea of setting up a committee but "it cautioned that
such a committee would not act as a super board of management or a fault finding body:'
Lok Sabha, after a series of discussions during the month of November 1963, approved
a motion to set.up a committee on public undertakings. The committee came into being
in the year 1964.

COMPOSITION

The committee comprised of 22 members. The Lok Sabha would elect 15 members from
amon~ the house and the remaining 7 members from the Rajya Sabha. The term of the
·
, r. The committee
committee was for one vea • functions on a non-party bast·s·
d"1sch arged its

FUNCTIONS

• Tohexdamline the reports and accounts of the public undertakings specified in the
sc e u e;
• To examine the rep t .f any, sent by the CAG about the public enterprises
wh. h . or s, I
ic come under the scope of the committee;
 Control 0'0 Ind.,an Administration I 169
er
.
• To examme whe ther the public ent erpn.ses are ad . .
mm1stered on the following
lines:
. .p1es fb .
They are man age d on sou nd p nnc1 0 usmess· ·
. '
They are man age d on pru den tial commercial pr •
actices;
They fun ctio n in line with the re .
. 4:tnrements of autonomy and ecunomy.
• To examine suc h oth er func tion s vest d . h
and the estimates committee
with regard to pub lic und erta king s s; i_~ t de_ PAC th e schedule or under the rules
of proc edu re and also con duc t of bu . eci e f ihn
smess o t e LokSabh a. Th e committee also
takes up wor k allotted by the spea ker f . .
rom time to time.
k .
But the CO PU was not sup pos ed to take up th e wor re1atmg to the following:
. d. t . f
• Matters pert aini ng to maj or government po1icy iS mct rom business or com-
mercial fun ctio n ofthe government;

• Day-to-day mat ters ;

?f
• Matters for th~ con side rati ?n which machine
ry is established by any special
public undertaking.
statute gov erni ng the fun ctio nmg of a particular
over the companies in which the
• The com mit tee doe s not enjoy any jurisdiction
government is the largest shareholder.
is not treated on par with the rest
It may not app ear reasonable whe n this committee
es Committee as regards power
of the parliamentary com mit tees i.e. PAC and Estimat
and functions.

WORKING OF THE COMMITTEE

committee decides which subjects and
At the commencement of the financial year, the
ng the year. The examination about
enterprises ar~ to be take n up for examination duri
tioning of the pub~ic entrepreneur~
the said aspects may be deta iled or limi ted to the func
rperson can ask for the required par-
~r enterprises take n up for the purp ose. The cliai
undertaking. He need n~t consult the
ticulars for the pur pos e of stud y from the public
ected and utilized may be as follows:
member for such an action. The info rma tion coll
one, furnished by the ~ndertaking
• Preliminary info rma tion , whi ch is a detailed
along with the sub1ect already
as well as the con cern ed min istr y or department
identified by the com mitt ee;
sent by non~o~cial org ris~ tio~ s
• The mem oran da on the subjects und er study
e organ1sat10ns, pro ess10n s
such as cha mbe rs of com mer ce, trade, unions, trad
. . .
consultants, etc; . . th .den tified und ertaking, Mm1stry,
. 10 e 1
• EVIdence give n by the officials wor king
or department;
 170 Chapter 6
• · d a1so th e Memor andum of important P01.nts fu
· d.
• Audit report (Commercial) an r-
In ia.
nished by the Comptroller and Auditor General of
bl. d takings after careful scrutiny of nt the undertaki
. Ministr /Depar tme apart fr0 ngs in
The <;:omm1ttee on pu IC un er . th f. Y 1 . f◄ t. fi 111 CA.c
question prepares the draft and sends It to e
for factual verification. After receiving the correct or a~tuad In ohrma IOI.I) rom the said
M
; d 1h fi naI rep ort is sub. mitteful·to t e par Iament · 0st of
,
agencies; the report IS finahs.e • e
e use ·
the rep~rts pertaining to;the following aspects are.qmt
• Factory buildings of public enterprises;
wing:
• Management of public ente~pris~s covering the follo

Planning of the projects;

Ma!erials management;
Financial management;
EC; discussed in the parlia-
The report of COPU will not be, as in the case of PAC and
cerned enterprises. A consolidated
ment but.members 'can seek information fron:i t:pe _con
Action Tak~n _Report (ATR) is.prep~~d and fon~¥ded to
the parliament by committee. the
rprise~. And each ent~rprise can
Further, the committet cc111 -e! ~~ nqt ~~re tl{an ten ent~
rains itself from ·examining certain .
be examined once in every 20 years. The comn)ittee rest
possess the technical expertise.
technical matters of the enterprise as the members do not

EXECUTIVE CONTROL
that the external agencies like
The_ government ·ccl!1no~ ~emain contented with the idea
.administration. ·Internal control
~egisl~ture and the JudICiary exercise control over the
is vertICal ~s well as horizontal.-It comprises supervision, direction, advice, i~spection
· · - ·_
_ and ·regulat10n. ·- - ., ·

Ministerial Control {Politi~al Control) . J

• h .- ..
In a parliamentary dem ocr ·11·k I dia, body in the hier arch ical adm inist rativ e
set u · 'th . ·. .~~y e n h t· e1apex -::i - • 1
P is e coun cil ofm1msters whic · uue s the
- •
pnm e min
,
iste r at the -umon 1eve
and the h · f • . me
c ie m1mster at the state le~e1· Each min • • r having one or more departments
is the ch· f executiv . · iste . ho
. ie, th e of the -said d·epartment or departments. The secretaries w
happen to be e sem.or mos· t IAS ffi • h · . · - . and
. 0
. cers m t e do,p ain of poli cy form ulatiOn f
implementation assist h. . I
individual departments_1an ~d· mth~ed_iat~ly below the hierarchy are the commi~§ioners o
diilg
err sub or_d · · es. -The· seni,or mos - civil servant hea
.
nt exet -_.· . mat t rallY
the depa rtme · d · · • · -, -
cises con.trol over th e a mm1strat1on. The col1 11Jl issioner, gene .
belonging to the IAS d
department. Thus the ca tre 11s direhan ctly held responsible for the administrationthofJast bis
Ievel of officers in 'th con ro mec. ism perco1ates from the ministers down to e
d . .
. e a m1mstrative department.