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Parliamentary Committee system of Bangladesh
(A review of 8th and 9th parliament)
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Islamic University
Kushtia, Bangladesh.
Masters of Development Studies (MDS)
(Session- January 2016 to December 2016)
Department:
Politics and Public Administration
Title of the Internship:
Parliamentary Committee System of Bangladesh
(A review of 8th
and 9th
Parliament.)
Dissertation Submitted By:
Susanta Sarkar Subho
Registration No- EV-2142
Roll No- 071616
Submitted to:
Professor Dr. Raqiba Yasmin
Chairman, Department of Political Science
Islamic University, Kushtia, Bangladesh
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Notice
It is hereby declared that, this is an internship titled “Parliamentary Committee
System of Bangladesh; A review of 8th
and 9th
Parliament” which is developed by
“Susanta Sarkar Subho”, Student of Masters of Development Studies (MDS),
Session January 2016 to December 2016, under Politics and Public Administration
Department of Islamic University, Kushtia, Bangladesh that is supervised by the
below signatory, is only for obtaining the MDS degree under the university. He bears
registration number EV-2142, Roll No- MDS-071616 during academic calendar.
The academic article which has Six Chapter, three Annexure and other contents that
are collected from different books, research papers, journal and newspapers. The
subject of the internship was delegated to him to show his advance study on the
fundamental parliamentary business.
Professor Dr. Raqiba Yasmin
Chairman, Department of Political Science
Islamic University, Kushtia, Bangladesh
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EXECUTIVE SUMMARY
In modern democracies, parliament has numerous duties. As a key state organ, it examines the
legislative proposals in the process of their passage and is entrusted with overseeing executive
responsibilities and keeps an eye on government activities. Parliamentary committee system is the
most vital structure that permits the legislators to divide up their labor and specialize in particular
areas of activities. It is therefore the most significant legislative mechanism and is often referred to
as “Small legislatures” of their parent bodies. There is a tendency around the world to rely on
committees for accomplishing much of the parliamentary activities. In this regard, Bangladesh is
not an exception. Being a South Asian country, it has had familiarity with committee system since
last century when the country was under British colonial rule. Bangladesh emerged as an
independent state in 1971 following nearly two centuries of British rule and a further quarter century
of Pakistan. The new state of Bangladesh adopted parliamentary system of government. All
legislative power of the state was vested to the parliament. Though all favorable conditions for
parliamentary democracy were ensured in the constitution, differences between the political parties
and overwhelming domination of government party and their refusal to recognize the official
opposition party in the parliament prevented building a responsible executive. In a sweeping
change, parliamentary form of government was replaced by one party presidential system and soon
the new system was abolished when the military seized the state by a bloody military coup in 1975.
Between 1975 and 1990, the country was under military dominated civil‐military regimes.
Parliaments formed during this period were intended to serve the purpose of the regime’s interests.
With mass upsurge, military authoritarian regime was ended and parliamentary form of government
was restored in 1991. Since the restoration of parliamentary democracy in Bangladesh, committee
system is taken seriously in the political as well as in the academic arena because of its importance
in the parliamentary process. In this internship paper, I try to discuss on two governments
parliamentary committee management, 8th
Parliament and 9th
parliament of Jatiyo Sangsad of
Bangladesh. The 8th
parliament was four party alliance government leaded by Bangladesh
Nationalist Party (BNP) and 9th
is the fourteen-party alliance leaded by Bangladesh Awami League
(AL). I applied historical combination, data analytical and descriptive approach. Description and
analysis are presented to show institutional environment, strength, culture and practices in viewing
democratic & supplementary of good governance and data compression is to show the expected
outcome form parliamentary business from committee and the accountability approaches. My
analysis and description are presented comprising Rule of Procedure of JS and the Bangladesh
Constitution. In this paper, I try to present impotency of committee in parliamentary business and
a comparative scenario with developed countries committee systems. Most of the data and
information is from secondary and primary sources. To examine the effectiveness of parliamentary
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committee, I collected different research papers, presentations, books of researchers and different
journals which are mostly collected from internet as this is most effective media of information,
communication and distance learning. In my view, internet is a great store of knowledge. The data
which are presented most of them are collected from TIB publications. Rather, it is very difficult to
collect from parliamentary library and other publishing journal. The analysis presents in my work
showed that the committees were more active in overseeing government activities rather than
analyzing policy issues. In a conflicting political environment, committee activities are greatly
influenced by the political parties. Lack of compromise between the parties to some extent makes
the committees dysfunctional. Despite the existing limitations, committees provide a training
ground for the legislators to improve their parliamentary norms and procedural knowledge.
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Declaration
I do hereby declare that I have written this internship myself, and that it would not
been submitted to any other university for a degree.
Susanta Sarkar Subho
Kushtia, Bangladesh
December 23, 2016.
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ACKNOWLEDGEMENTS
The internship, “Effectiveness of Parliamentary Committee System of Bangladesh: A review of 8th
and 9th
Parliament” was a gift by my honorable supervisor Professor Dr. Raqiba Yasmin,
Chairman, Department of Political Science, Islamic University, Kushtia, Bangladesh. I would like
to express my heartiest gratitude to her as she gave me such kind of enjoyable work, a fundamental
political discipline. Her kind guidance and constant support and follow-up enabled me to complete
this ideal work. It must be mentioned that her scholarly supervision helped me to clarify my
thoughts and ideas. It could not be possible if she did not guide me to collect data and information
for the work. She supervised me refereeing the norms of thesis writing and smarter ways to gather
information, the use of information and the style which should be follow to disseminate, incorporate
and synthetize the information. I owed gratitude to all my teachers of Development Studies of
Islamic University, Kushite. I am very glad that being a student of Development Studies, I worked
on a basic political system of a country, “constitutional business” which was spontaneous selection
by my supervisor. I also pay my core thanks to my family stayed far from me. During the work, my
beloved wife inspired me to indulge into and my thirteen months’ daughter who missed me from
loves, affections and cares. I tried my best to incorporate correct information and data to elaborate
the internship.
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CONTENTS
List of Tables:
1. At a glance of Committees of ROP
2. 9th
Parliamentary Committee
3. Women participation in 9th
Parliament
List of Figures and Boxes:
1. % of occupation of committee members of 9th
parliament
2. 9th
parliaments decisions Vs Achievements
Abbreviation and Acronym:
AL : Awami League
BNP : Bangladesh Nationalist Party
CS : Civil Society
JS : Jatiya Sangsad
MP : Member of Parliament
NGO : Non-Governmental Organization
PMBR : Private Members Bill Review
ROP : Rule of Procedure
TIB : Transparency International Bangladesh
UNDP : United Nations Development Program
UK : United Kingdom
USA : United States of America
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Index
Sl Chapter and Topic Page No.
Chapter: 01
Introduction and Conceptual Framework
1.1 Introduction 10
1.2 Research Issues 11
1.3 Significance of Parliamentary System: 12
1.4 Conceptual Framework 12
1.4.1 Political environment: 12
1.4.2 Formal-legal framework: 15
1.5 Literature Review: 16
1.6 Methodology of the work 16
1.7 Overview of the internship 17
Chapter: 02
Parliamentary Committee in another parliament
2.1 Introduction: 18
2.2 United Kingdom: 18
2.3 United States of America (USA) 18
2.4 Germany: 19
2.5 India: 19
2.6 Summary of the chapter: 20
Chapter: 03
History of parliament structure of Bangladesh
3.1 Sabha -Samiti and Panchayats: Tradition of Representative Institutions: 21
3.2 Parliamentary Structures: British Colonial Period (1854-1947): 21
3.3 Committees in the Bengal Legislative Assembly: 22
3.4 Committees in the East Pakistan Legislature (1947-71): 22
3.5 Parliamentary Structure in Independent Bangladesh: 23
Chapter: 04
Parliamentary system of Bangladesh Jatiyo Sangshad
4.1 Introduction: 24
4.2 Formal-Legal Framework 24
Constitution: 24
Rule of Procedure: 25
4.3 4.3. At a glance of Committees of ROP: 26
4.3.1. Non-Ministerial Standing Committee (NMSC): 29
a) Business Advisory Committee (BAC) 29
b) The House Committee: 30
c) The Committee on Government Assurances: 30
d) The Committee on Petitions and the Committee on Privileges: 30
e) The Financial Committee: 30
i) The Committee on Public Accounts (PAC): 30
ii) The Committee on Estimates (EC): 30
iii) The Committee on Public Undertaking (PUC): 31
4.3.2. Ministerial Standing Committees (MSC): 31
a) Ad hoc Committees: 31
i) The Select Committee on a Bill: 32
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Sl Chapter and Topic Page No.
ii)Special Committees: 32
b) Sub Committees: 32
4.4 Composition of Committee 32
4.5 Tenure of Committee: 32
4.6 Sitting of Committee: 32
4.7 Report of Committee: 33
4.8 Speaker’s decision regarding committee affairs: 33
4.9 Committee Procedure: 33
4.10 Committee: 33
4.11 Members: 33
4.12 Chairman of Committee: 34
4.13 Main Functions of Committee: 34
4.14 Administrative Structure and Services to Committee system: 34
4.15 Political Parties: 35
4.16 Summary of the chapter 36
Chapter: 05
Overview of 8th and 9th parliamentary sanding committee
5.1 Introduction: 38
5.2 9th Parliamentary Committee: 38
5.3 Professional background of committee background: 40
5.4 Female participation: 40
5.5 Women Participation in 9th Parliament: 41
5.6 Committee Business: 41
5.7 Committee Report: 42
5.8 Comparative study 42
5.9 Comparison with Other Countries 43
5.10 Criticism: 43
5.11 Lesson Learnt and Recommendation 44
Chapter:06
Summary and conclusion
Annexure
i Annexure: 01 47
Important Glossary: 50
ii Annexure: 02 50
Article 76 of the Bangladesh Constitution: 54
iii Annexure-03 54
Rules of Procedure 55
A Bibliography 55
B References 68
C Journal and Newspapers 69
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Chapter: 01
Introduction and Conceptual Framework
1.1. Introduction:
This is a study on parliamentary committees with particular reference to Bangladesh. The main
implication of this work is ‘how do parliamentary committees perform when placed in the political
context of post- colonial societies, where the political institutions, at least partly, have been imposed
from outside rather than being fully indigenous. The presented internship focuses on the
performances of parliamentary committees 8th
and 9th
parliaments. In doing so, this section first
analyzes the evolution of the parliamentary structures with necessary examples.
Bangladesh, the new identification by name of East Bangle to East Pakistan emerged as an independent
state in 1971, after about two centuries of British rule and a further quarter century of Pakistani rule.
The new independent country developed a new constitution, which was promulgated in 1972, adopted
a parliamentary system of government reflecting the aspirations of the people who had struggled to
achieve such a democratic system since the British colonial days. The Bangladesh Constitution entrusted
all legislative authority to a unicameral Parliament called the ‘Jatiyo Sangsad’. The President was made
the nominal head of the executive while the real executive power of the state was vested to the Prime
Minister like the cabinet government as practiced in Britain. The Prime Minister and the cabinet were
collectively responsible to the parliament. For ensuring government accountability to the parliament,
constitution makers incorporated the provision of the parliamentary committee system in Article 76 of
the Constitution. Article 76 of the Constitution formally granted the parliament the authority to appoint
standing committees as necessary for discharging its functions. Though many favorable pre-conditions
of the parliamentary system of the government were provided in the Constitution, lack of separation
between state, government and party, depending party machinery on the leader, differences between the
political parties, undermining of a free and fair electoral process, overwhelming majority of the
government party in the parliament and their refusal to recognize the existence of the official opposition
hindered the opportunities for the regime to practice norms and conventions of the parliamentary form
of the government. A political turmoil happened in newly political society to create an accessible
political environment ‘democracy’, state power coped by military and the constitutional buffering of
democracy spoiled from 1975 to 1990. The constitution and parliament was dogged by military
administration and the functional politicization and culture were grassed under weed. The military
mentors tried to induce military legislature but it was not success. During the military regime, three
parliaments had been formed under presidential form of govern that was mostly rubber stamp like
institution. The article 76 of the constitution was a far crying. The most mispens of the constitution was
its different amendment and comprising. In 1991, the hungered democracy of the life of Bangladesh
mustering parliament democracy plundering constitution and foremost go. And the parliamentary
business starts it new journey with accomplishing committee system viewing same inspiration of the
begging constitution. From 1991 to 2016 there are five elected parliaments though there are different
discomfort about election process.
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1.2. Research Issues
Since the restoration of the parliamentary system in 1991, the committee system has created
interests both in political science discipline and research prospectus. Academic discipline like
obtaining a higher degree, universities and students are choosing JS committee system. Different
national and international organizations or donor agencies, citizen forums and media emphasize on
strengthening the committee system towards demanding government accountability by the
parliament. Considering the above discussion this intern seeks to answer how do committees
perform in a parliament where the political institutions mainly adopted from outside rather than
being fully indigenous. Focusing on the following issues this research attempts to assess the
performances of the committees in the post 1990 Bangladesh parliaments with necessary examples
and illustrations. In this internship, it encompasses the below areas:
1) Formal arrangements of the committee system including composition, structure and functions of
the committees.
2) Institutional mechanism affecting the functioning of the committee system in Bangladesh.
3) Performance of the committees of the Jatiya Sangsad regarding the legislative and overseeing
processes.
4) The parliamentary committees and the society connection focusing on the role of the media and
the civil society.
1.3. Significance of Parliamentary System:
Modern state management is the age of Parliament. To make well function parliament, parliament
experts the origin of Parliamentary Committees is the British Parliament which was started in
seventeenth centuries. Then the role of the committees scrutinized the legislative bill. Gradually
model of parliamentary function increased its dimension and USA, Germany and other democratic
countries. In past, committees were not as much powerful as the present have. Now it is said that
committees of parliament as a little legislature. Day to day the legislature is becoming more
dependable in committees. In this circumstance, Committee system has evolved to make the
parliamentary activities more effective. Drafting legislation takes place in the committees; the
plenary does much less, because it has only limited amount of time to consider the draft bill. It
becomes a general feature that much of the real parliamentary deliberations take place in the
committees. For the last three decades, throughout the world, committee system has emerged as
vibrant and important structure of the parent body. Therefore, it is a global trend to view the
committee system as an important structural element of the parent body. Around the world there is
a trend to move towards more reliance on committees to conduct the work of parliament, and the
greatest reason for this trend is a concern for efficiency. It is observed that the committees are the
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chief instruments for making decisions with regard to legislation and authorization and oversight of
administrative actions. Committee system gradually has become the nucleus of many legislatures
entrusted with the tasks of scrutinizing legislative proposals and monitoring government activities
in favor of transparency and accountability. The most obvious purpose of committees is to scrutinize
the activities of the executive branch, which includes administrative oversight and financial
oversight. Permanent committees corresponding to the government departments are assigned to
oversee particular government department. Most parliaments thus employee financial committees
like Budget Committee, Public Accounts Committee, Estimates Committee or Government
Undertakings Committees for monitoring financial matters. In the recent decades, the focus of the
parliamentary committees has been shifted from legislative deliberation to placing an emphasis on
their oversight role. While parliaments declined in status and effectiveness, subject based new
committees have been introduced to achieve effective control over government. In recent decades,
subject based departmental standing committees open the windows for the legislators to develop
their expertise on particular areas.
1.4. Conceptual Framework
Parliamentary Committee activities depend upon a variety of factors. The factors that affect the
working of parliamentary committees can be divided into three fields:
a) Political Environment
b) Committee Structure
c) Committee Capacity
1.4.1. Political environment:
Political environment is a great factor of committee activates. Political environment depends on
few factors. Such as State Structure, Political Situation, Political Parties, Bureaucracy, Interest
Groups, Civil society and Media. A short narration:
i) State Structure: Legislature, Executive and Judiciary, the three are the structure of a
state. Three types of political systems are commonly found that are presidential system,
parliamentary system and semi-presidential system. The former is based upon the
principle of separation of power and operates through the constitutional system of check
and balance. In this system, each branch of the government has some scrutiny and
control over other branches that is a factor of committee system. Such as in USA
constitution, there are checks and balance system. Separation of power of the three
branches are absent in USA congress. The constitution is a presidential system. Again,
in which parliament, has legislative and executive are controlled by political executive.
UK, India and other countries have such political system. And In a hybrid system,
executive power is shared between a separately elected a President and a Prime Minister or
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Chancellor who are separately elected. It is sometimes termed as the semi-presidential
system if the constitution and/or political circumstances tend to place emphasis on the power
of the President. If the Prime Minister and the legislative leaders enjoy more power than the
President does, it may be referred to as a semi-parliamentary system where the President
does more power than Prime Minister and the Legislature it is may be referred to as a semi-
presidential. Parliament experts argued, in the Presidential parliament, committee system is
more strong than Cabinet parliamentary system. Separation of power is very important to
function the committees well. In Ministerial parliamentary system, legislature and executive
are controlled by a same leader and same political party in both house. And they practice
the law which the party men accept, and the committee people are from legislature leading
party, and the committee become use less.
ii) Political Situation: Political Situation is another factor of committees’ function. We
found different political situations, sometimes parliament becomes inactive or abolished
for political upraising. Sometimes, parliament is being manipulated by the executives,
sometimes, there are a less control of executives and sometimes, only parliament
becomes policy or rule making house. These kinds of political abruption are frequently
happened in the third world countries. These kinds of situations arise when state power
coped by military administration, the military rulers try to legalize their rule in
legislature, become rubber stamp parliament, absence of constitutional behavior. The
military ruler forms political party and shows a mock election, become one party alliance
of the state and smashed the major pillars of a country. Again, parliament and politics
becomes one party executive by one political party. Such kinds of situation create
political turmoil and government change frequently. As the government changed
frequently, the parliament gets new MP and the committee of parliament gets new
delegations. The new delegations are not experience and do not mean business properly.
Ultimately, the power of committee goes to the leader of house and accountability of the
government becomes autocratic.
iii) Political party: This is another factor of success of committees. Political party men
become the member of the house and the parliament party selects men to forming
committees. Whip of the house listed the members who will go which committee. The
committee members are selected from their elected MPs and they mostly seek political
merit and age of politics. Sometimes, influential political leader and personal interest
MP lobbies to get nomination of committee member or chair. Present practices are, the
parliament party does not consider opposition party MPs to nominate in parliamentary
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committee. In political practices, opposition party always criticize the power party and
the power party does not take it as positive apron. In this view, the power party takes its
MPs in committees for more control for party will and commitment and keep behind the
opposition party men. As a result, the committee people do not debate any decisions, the
role of committee breaks. So, committee will depend on political parties and behaviors.
iv) Interest Groups: Presently, interest groups are being involved in politics. The interest
group people tries to get nomination for Parliament. If wins, then tries to get appointment
in committee. When they become a man of policy maker, they will try to incorporate
their interest into rule or law which will be passed by the house. Not only such way the
interest group works. Interest groups or associations are directly or indirectly involved
in the process of government through different channels. Among the various channels,
parliamentary committee system is one of the important organs to influence government
policies. They pursue three strategies to accomplish their demands in the committees.
They maintain a good contact with the committee members, they have members in the
parties who peruse to get appointment on the appropriate committee or they maintain a
contact with political parties outside the parliament. Safely observed that members of a
parliamentary group whether small or large have strong ties with associations.
v) Civil Society: Civil society has appeared as an important factor in strengthening
democracy in the developing states. It is often populated by organized groups and
institutions that are independent of the state such as Non-Governmental Organizations
(NGOs), professionals, academia, social and religious groups. It may be defined as
‘people coming together around a common concern, a concern which is linked to the
values of the wider society, and insisting that the major institutions--the state, political
parties, and business take these values into consideration. Civil society plays important
role in democratic system in policy or decision making process. CS arises voice or gives
opinion on a bill to review, amendment or any. If CS could have the chance to see into
a bill for the will of nation than accountability and transparency of committee will be
increased. Civil society is seen active in promoting participation, advocating for
transparency and accountability in new and restored democratic countries. The
developing states, particularly which emerged from decades of dictatorship need to find
ways to monitor and restrain the power of the political leaders and bureaucracy. It has
been observed that in these states, civil society raised public concern about any misuse
of power. They worked for controlling the power of the state and corruption. The
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countries where electoral process and parliament remain weak and fragile, civil society
actors work there to improve democratic governance.
vi) Media: A media is a mirror of nation. A strong media composition keeps the
government straight forward. In committee functions, media coverage will collect public
opinion on a work of legislature. In committee business, media will appear there. The
independence of the media from state control is crucially important in publicizing the
activities of the parliaments. The countries where media is strictly regulated by the state
apparatus have a great chance to promote partisan interests. On the contrary, media in
private hands' and with regulatory flexible framework have wider opportunity to project
the activities of the parliament neutrally. However, media houses tended to promote
certain principle or ideology. Thus, the role of media in publicizing the parliamentary
activities depends upon the nature of the ideology of the owner and state principles.
1.4.2. Formal-legal framework:
The constitution and the rules of procedure are the two sources of committee organization and their
functioning. The constitution generally defines the jurisdiction of committees and in some cases, it
is mandatory for the parliament to appoint some specific committees. The constitution also sets out
broad principles of information acquisition. Right to demand presence of ministers for witnesses,
right to demand documents or to hold public hearing depends upon the power given in the
constitution. The rules of procedure specify actual number of committees and their method of
functioning.
i) Committee type: In different country or parliament has different kinds or types of
committee but few of them are mostly same in functions. Around the world,
committees are broadly categorized into two types: permanent and ad hoc type
committees. Permanent committees can further be broken into ministerial standing
committees and non-ministerial standing committees. Permanent committees, which
parallel the structure of the ministries, have greater opportunities for policy activity
than those which are temporary and which have different principles of formation.
ii) Committee selection process: Committee selection process depends on the will of
government. The constitution of the parliament demands few select committees that
could be ruled in procedure and all the rest standing committee will be selected by
the house leader. Few committees are selected by the Speaker of the parliament and
some of them are nominated by the leader of the house. There is rule or procedure
shows, the ability of being member or benign the chairman of the committee. Some
committee’s chairman become some ex-officio. Sometimes, the parliament select
some special committee or ad hoc committee or subcommittee for smarter business
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purpose. Select committees select to meet national demand and political manifesto.
There is a remarkable gap in practice that, the ruling party when enjoys the power to
select the committees, could not discuss with the opposition parliamentary party.
1.5. Literature Review:
The role of parliamentary committee system can be understood in the contexts of its emergence and
working. Here, a review of the existing literature about various issues of the committee system will
be discussed. Most of the data are collected from TIB. Literature work of Ronaque Jahan and Inge
Amundsen present their work titled “The parliament of Bangladesh Representation and
Accountability” where they tried to influence in parliamentary business and upwards. Md.Awal
Hossain Mollah, Lecturer, Rajjshahi University discussed about good governance issues in hi work
“Good Governance of Bangladesh: Role of the Parliament”. An assessment work by World Bank
Group, “Bangladesh: Country Financial Accountability Assessment, Parliamentary Control Over
Public Expenditure in Bangladesh: The Role of Committees” tries to present weakness of
Bangladesh parliament to ensure financial accountability & “Orientation Handbook for Members
of Parliaments” written by John K. Johnson Robert T. Nakamura World Bank, tries to show roles
and responsibility of MP of Bangladesh Legislature. “Committee System of Bangladesh
Parliament” Committee Supporting wing, Bangladesh Parliament Secretariat, constructively
presented about parliamentary committee systems framework. “Effectiveness of Parliamentary
Standing Committees in Bangladesh: Challenges and Way Forward”, TIB presented parliamentray
committee systems challenges to implements. H.W. R. Wate discusses constitutional development
approaches in his work “Constitutional Fundamentals”. K.M. Mohiuddin discusses ins and outs of
parliamentary committee system and Development of Bangladesh. He discussed historical
perspective of Committee system of Bangladesh as well as discusses challenges and suggestions.
Md. Navid Ullah discussed major perspective and development of Parliamentary System of
Bangladesh.
1.6. Methodology of the work
In this thesis paper, I go through a scientific method to gather information. In this thesis, I presented
historical combination analysis and descriptive approaches. During the work, I accomplished a
glance of different activities and achievements of parliamentary committees of 8th and 9th
parliament of Bangladesh. To evaluate committee system in legislature, I discuss a short on
developed parliaments committee system. To explain present legal framework and social
involvement in committee systems are comparatively narrated in political viewpoints. There is
comparative discussion of the 8th and 9th parliament committee practices. There are few data and
information presented as because there are not enough data in my collection. Different literature
review, research papers, journal and paper were collected from internet. The information is mostly
collected from different web pages. There are few constructive criticism on committee system of
Bangladesh and prescribed few recommendation in viewing democracy. I tried to show
qualifications of the committee members and personal interest as mostly seen politics are engulf by
interest group to gain personal interest. I presented women participation and engagement in
parliamentary business. I used a very few abbreviations in discussion as it could be easy understand.
There are few political terms are note in my research which will be an element to get understand
narration.
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1.7. Overview of the internship
Bangladesh is being introduced as a democratic country around the world. It has a long journey
since British rule. After a long dedication of revolution for democracy, 1971skecthes its shape. But,
the beauty of democracy differently becomes polluted. Though that incidence, constitutional
development of Bangladesh was being restored and the practices are in run. Parliamentary
committee systems of the constitution of Bangladesh in legislature and its functions, effectiveness
etc. are discussed in the work. To examine it, there are different references, data and information
discussed and used which are collected from different sources.
To present the discussion, I divided it in different chapters. In first chapter-01 it is discussed about
conceptual framework of parliamentary committee system to examine significance of parliamentary
committee system with books, journals and newspapers. Chapter two discusses different
parliamentary committee systems to incorporate evaluation of Bangladesh Parliamentary
Committee System. Chapter three discusses history of parliamentary system of Bangladesh. In this
chapter I mentioned traditional concept of committee system in law making process. Journeys of
committee system in a formal way in British India, Pakistan period and in Bangladesh. Chapter four
discusses present parliamentary systems of Bangladesh where I incorporate formal framework like
the constitution article, rule of procedures for parliamentary party. Here I discussed on different
parliamentary committee structures and procedures. Chapter Five is narrated with different data and
information in a statistical way to represent 8th
and 9th
parliamentary activities. In compression of
two parliamentary achievement, I present a critical criticism and discussion. There are different
recommendations on parliamentary committee activities for democratization of parliamentary
business. Chapter Six is a conciliation summary where different comments of experts are
represented. The paper has a glossary with note. The Internship also contains Article of Constitution
of Bangladesh and ROP of the parliament in annexure. At last Bibliography and references.
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Chapter: 02
Parliamentary Committee in another parliament
2.1. Introduction:
The committee system in parliament is an old practice in parliamentary systems. Different has
different framework of parliamentary system. It depends of political environment of that country.
The members of parliamentary committee usually come from majority party of legislature. But,
very few parliament practices propositional divide among parliamentary parties. It shows the
political discipline of the parliament and symbol of democratic practices. Number of Member and
number of committee also are the matter of parliamentary system and framework. Chairman of the
committee is a major factor for nomination. Now, we can see a nutshell of committee systems of
different parliament.
2.2. United Kingdom:
The mother of Democracy, British parliament, practices parliamentary committee system. The
committees work upon Westminster system. There are two kinds of standing committee:
a) Selected Parliamentary Committee: Any bill automatically comes to Selected committee to
get final recommendation and review which is more powerful than standing committee. This
committee is parament and will work till the parliament tenure. The committee will
oversight administrative budget, expenditure and other ministerial or departmental issues.
b) Standing Committee of House: Any bill could review or set recommendation or proposal of
amendment, but it should be submitted to selected committee for final recommendation.
When a bill comes the committee, it will be act as ad hoc committee.
2.3. United States of America (USA)
The two parts composition, the world’s strong second house of parliament ‘Senate’ and the house
of Representative of USA Congress, has strong committee system. Most of the major legislative
decisions, bill, rules and other policies of house go to Congressional Committees or sub committees.
The two house have two system of committee and their work is different in nature. The house of
Representative has 19 committees and the Senate has 15 committees. The committees could
summon if administrative officials do not co-operate with the committees positively. The
committees may recommend a bill or to amend the bill to pass in house. The committees may
change a bill entirely expect the tile of the bill and could report the bill in place of the amendment.
It could stop a bill to pass in house. According the sort narration, it assumes that, committee system
of USA is a strong democratic practice for the nation. President Woodrow Wilson predicted that,
the congressional government is the committee government and he also ascertained that Congress
in its committee room is Congress at works.
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2.4. Germany:
The parliament (Budestag) takes a decision on the number of committees to be constituted and on
their composition at the beginning of each electoral team. Germany has three constitutional law;
Basic Law, Federation Law and Special Law. There is a parliamentary group system. The group
constitutes the committee members and replace and removal are also vested in the group. At the
beginning of the parliament, the group formats 23 permanent committees for the full time electoral.
12 committees are formatted by parliamentary majority party by code and 11 other committees are
formatted by the opposition parliamentary party. Two kinds of committees: a) Permanent and b)
Special committee are in practices of legislation. Only permanent committee could form sub or ad
hoc committee if feels needs (ROP 45). There is a Lead committee to present any recommended
bill of the committees in plenary. According the Basic Law of Budetag, for any summon or
interview, parliamentary group will confirm the obligation. The Budget committee reviews
budgetary projections, government and administrative annual expenditure. Committee system of
Germany is a multifaceted and complex procedure. The house of Elder practices supreme authority
of committee functions.
2.5. India:
India is one of the democratic government of the world. The parliament business has committee
system. The parliamentary committees are divided into different categories. These are-
a) Financial Committees
b) Departmentally Related Standing Committees;
c) Other Parliamentary Standing Committees; and
d) Ad hoc Committees.
The federal parliamentary system composes committees nominating a portion of member from Raja
Sabha. Each Standing Committee consisted of not more than 45 members 30 to be nominated by
the Speaker from amongst the members of Lok Sabha and 15 to be nominated by the Chairman,
Rajya Sabha. Now the new amendment as 2004, Standing Committee consisted of not more than31,
who are 21 from Loak Sabha and 10 from Rajya Sabha. Rule of Proceeding of Parliament 253 to
331 rules are on Committee framework of Indian Parliament. Any bill at first discussed at house
ant to motion to move in selected committee or joint committee. Committee study the bill clause by
clause to study the bill and finally the committee prepare a report on the bill to house to pass. No
minister of any minister could be a member even chairman of the respected committee. The code
of ROP as the code of Bangladesh ROP. But by nature, it is more different from Bangladesh
committee system.
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2.6. Summary of the chapter:
Observing the different parliamentary committees and their activities, we may point out the below
functions:
a) Legislative oversight: In present democratic parliament, legislature depends more in its
committee to reduce its work load. Legislature seeks examination ins and outs of a bill thus
there would not be any question for. And Committees do their duties to security any bill and
recommend if there is any inconsistency or matter of public will or socio-political aspects.
As a result, legislature does not enjoy dictator passing a bill.
b) Executive Oversight: Committees of different ministry examines any bill drafts by a
ministry. The ministerial standing committee examines the bill if there is any inconsistency
or any correction or any amendment. Ministry is bound to give its update report to
committee. On a report, committee justifies estimate and achievement. If there is any
deviation, committee produces a report against the committee and present in parliament.
c) Financial Oversight: Any financial Estimate, Expenditure of ministry, executive or any high
officials of executive, committee audits and monitors the financial plans. Committee
examines estimate vs actual achievement. If committee finds any inconsistency, committee
produces a report and present in house session.
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Chapter: 03
History of parliament structure of Bangladesh
Today’s Bangladesh has long journey and history. And institutional development of politics belongs
from ancient time. To show the parliamentary structure in terms of justifying committee system, I
mentioned it with different stages and regimes of rulers.
3.1. Sabha -Samiti and Panchayats: Tradition of Representative Institutions:
Historians and indigenous ancient literature show that democracy was well in place in India long
before the British came. In the Hindu ruler regimes, there was a political system as city-sate
embodied a few villages ruled by a king titled (Rajan). The Rajan was chosen by people and
governed with their consent and approval. There were two assemblies formed by the king named
as Sabha and Samiti. The two assemblies suggested and helped the king with advices and corrective
measures. Not only that the two bodies were examines the rules of the king whether it was for
welfare in favor of dominances. The Sabha and Samiti were differentiated from each other in their
status and functions. Though the two components of king as auxiliary govern but they had separate
aspect of activity. Samiti deserves as general assembly where people could have access in particular
terms besides Sabha was the selected body of King from the elder representative of Samity. Samity
were selected their king. The two houses had not right to posse a law and rule as because all text of
rule and law were sacred or secular. The two wings of king were prided twin ‘daughters’. The
historian predicted that it the ancient political systems was more democratic in practices and
contained rudiments of a modern parliament.
In regime of Muslim rule, the Samiti and Sabha were destroyed and established Sultanates in
Mughal period. The ruler appointed ministers or councilors to assist him and to carry out his
commands. The body of councilors was not popular by people. In village level, Panchayat system
was constituted who was the face of Sultans or King. Panchayat had an elected head man who had
social responsibility to collect tax or revenue for government. The panchayat system gradually
replaced in Union Board in British rule.
3.2. Parliamentary Structures: British Colonial Period (1854-1947):
There were representative institutions in ancient India at various levels. After impunity by British
in India subcontinent, there was not representation of Indians in parliamentary system till 1853.
When Indian got imperialism, western politics understood, different political turmoil on the banner
of privileging citizen rights, British ruler studied the concept or motive of politics, they develop a
new parliamentary system consisted Indian. Different constitutional reform and amendment. These
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are Act of Charter 1853, Indian Council act of 1861, Indian Council Act 1892, The Legislative
Council Act, Indian Providence Act 1919 and Indian Government Act 1935. The transaction of
legislative institution and constitutional development of British India had different perspective.
Charter 1853 power delegation from Est India Company to Crown, a separate governor for Bangle,
Separation Executive council to legislation in provincial government. In 1861, Indian Council Act
only reformation of executive, legislative and providence administrative reformation and no other
act and administrative reformation has a proper portion of Indian’s participation in law making
process. But in 1919 Indian Government Act delegated with proper participation of Indians and
legislative committee system was properly fictional structured. Before 1920, the working
committee was categorized into the Committee of Whole House, The Select Committees and The
Petition Committee. In new act, the Whole House Committee was abolished and reformed as
departmental Standing Committees and Public Account Committee. Till 1937, the committees were
selective. A new legislation, and its committees were elected by procedure and the system was
forging in the independence of India and Separation in two countries.
3.3. Committees in the Bengal Legislative Assembly:
The growth of committee system in the Bengal legislature may be traced with the establishment of
the legislative assemblies in the provinces. The committees, which functioned in the Bengal
Legislative Assembly, could be divided into four types: Committee of the Whole House, Select
Committee, Finance Committee and Public Accounts Committee. The Bengal Legislative
Assembly often turned into Committee of the Whole House. Following the British parliamentary
practice, House itself resolved into a committee with all members of the Assembly to review
important bill or particular parts of legislation without observing the formalities required by the
Rules of Procedure. It was a different manner of sitting of the Assembly.
3.4. Committees in the East Pakistan Legislature (1947-71):
After gaining separation from India, East Pakistan constituted the first Legislative Assembly under
the Indian Act of 1935. The assembly was continued till 1954. After constitutional election, the
second assembly was constituted 1954 and prolonged 1958 before the military cop the power. A
rule committee was first constituted in 1956 but it did not make its proper function. In the Est
Pakistan assembly, there were two types of committees: the standing committees and the ad hoc
select committees. The select committees were either selected by the Speaker or elected by the
House. The Select committees scrutinized a particular bill as referred to them by the plenary. The
plenary Committees were ad hoc in nature as their terms of reference were limited to examine and
report on the referred bill from selected committee. The Minister in charge of the concerned
department was in chair. At this stage, bill was discussed in depth and asked experts and
representatives view and opinion on bill. But there were very negligible approaches; most of the
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bill did not sent to the selected committee. The ad hoc committee directly send the bill to the
assembly and passed the bill even they did not call for regular meeting. Only Public Account
Committee was in function and regularize its meeting and prepared report.
3.5. Parliamentary Structure in Independent Bangladesh:
Bangladesh has a history of independence since 1757. Different political, social and economic
turmoil had in account of liberation which stood in ground in 1971. Different political conspiracy
destroyed political will of Bangle. The major convent of conspiracy was in the rule of Pakistan
when they abolished Constitutional Assembly with coping Military rule titled Martial law and
Bangle got new identification as Est Pakistan. In 1971, the Bangle earns the independence. After
independence, a new constitution was constituted in 1972 and the legislative parliamentary power
named ‘Jatiyo Sangshad’. The prime Minister and the cabinet will be responsible to parliament and
the President was made ceremonial head. The new constitution was build gathering knowledge from
different countries constitution and placed parliamentary sanding committee in Article 76. A rule
of parliament was also constituted and there mentioned the framework of the committees.
According to the first ROP JS had to set up seven standing committee and the new ROP provided
for four more standing committees. The parliament constituted eleven standing committees were;
three financial, two investigative, six domestic committees. But the standing committees could not
ensure its supremacy over the executive due to overwhelming majority of the power party and there
had refusal of opposition representative in committee. Though that, the parliamentary system
possessed one party presidential model. The scenario got quick change. After the ancient black
night 1975, the Bangladesh again vested its power in military intervention and the military regime
at a stack till 1990 directly or indirectly. The parliament Committee system again broken down.
Political scientists predict that the military regime on hold the country in favor of traditional colonial
politics. The root of colonial mentality of military had an inject flow from British-India Army and
in Pakistan Martial law army plantation. When army conquered in power, they kept themselves
away from public or mass people. It senses as anti-governmental, anti-national and anti-political.
The army ruler believed that they could operate and direct the executive functionally. But it did not
spring to the people. After math, the regime of military destroyed by political suggestion by general
people. Till 1990, the politicization of Bangladesh and doing nationalization hampered much and
the development of the country remain backwards. After the fall of authoritarian regime, the
parliamentary system of government was reintroduced in 1991. From than the parliamentary
committee system is in function and democratization is onward.
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Chapter: 04
Parliamentary system of Bangladesh Jatiyo Sangshad
4.1. Introduction:
The present chapter attempts to analyze the legal basis, institutional capacity and working procedure
of the committees in the Bangladesh parliament. In doing so, the first section analyzes the formal-
legal arrangements from the viewpoint of institutional power, the second and the third sections
discuss committee structure and procedure respectively. By analyzing the relationship between
committees and political parties the fourth section seeks to answer how the parties control their
committee members.
4.2. Formal-Legal Framework
Committee system of parliament is a nucleus body serving both legislation and parliamentary
oversight of the government. It is a most popular practice in parliamentary government of the world.
Bangladesh has a parliamentary committee system that ensures accountability of the executive and
to filter the legislative proposals before enactment into law.
4.2.1. Constitution:
Bangladesh parliament ‘Jatiyo Sangshad’ has its committee system which has constitutional
strength. Article 76 of the Bangladesh Constitution, Part ‘V’, The Legislature, Chapter-I,
Parliament, ‘Standing committees of Parliament’ clearly defines about parliamentary standing
committees. The constitution makes its bindings to set-up-
i) Public accounts committee;
ii) committee of privileges; and
iii) Such other standing committees as the rules of procedure of Parliament require
The article 76 refers as Legislative committees. 76 (1) “Parliament shall appoint from among its
members the following standing committees”. 76(2) gives opportunity to the house to form such
other standing committees if the house think what is saying 76(1) (C), subject to other law. 76(2)
(a-d) is the basic framework about responsibility of Committees. Committees could examine draft
Bills and other legislative proposals; They could review the enforcement of laws and propose
measures for such enforcement; in relation to any matter referred to it by Parliament as a matter of
public importance, investigate or inquire into the activities or administration of a Ministry and may
require it to furnish, through an authorized representative, relevant information and to answer
questions, orally or in writing and will bound to perform any other function assigned to it by
Parliament. 76(3) dedicates special power to the committee to enforcing the attendance of witnesses
and examining them on oath, affirmation or otherwise; and compelling the production of
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documents. According the constitutional structure, Rule of Procedure defines specifically the
framework of committees.
4.2.2. Rule of Procedure:
The Rules of Procedure of Parliament of the People’s Republic of Bangladesh, Chapter ‘XXVII’,
“Rules Regulating Committees” from 187 to 266 rules are the functional structure of committee
systems. The Constitution of Bangladesh composes basic structure of committee system.
Committee definition, Appointment of Committee, discharge, composition, duties and
responsibilities, quorum, powers, different committees, their definition, responsibility and tenure,
chairman, evidence and oath etc. a clear guidance are given in ROP. The Rules of Procedure not
only the rule of committee but also operating rule of Jatiyo Sangshad of Bangladesh. The
characteristics of ROP of Bangladesh Parliament, we may categories:
i) Written: All rules are clearly defined and written.
ii) Chapter by chapter define: All working area of Parliament are defining chapter by chapter and
easy to understand.
iii) Amendable: The ROP is amendable. It was last amended in 2007.
iv) Essential rule: ROP is an essential literature of Parliament.
v) Linguistic standard: The language of ROP is stander, no clumsy word to read.
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4.3. At a glance of Committees of ROP: (Table: 01)
Sl
No. of
rule
Name of
Committee
Key
Responsibility
Nominated
by
Members Chairman Note.
1 B (219-
221)
Business Advisory
Committee (BAC)
Government and
other private bill
resolution time
frame
Speaker
nominated
Not more
than 15
Speaker as
Ex-Officio
To discuss stage by stage in bill, how
much time allocation will be considered,
the committee will allocate. The bill will
be referred by Speaker of house.
2 C (222-
224)
Private Member
Bill and
Resolution
(PMBR)
Examine Private
Bill’s impotency
Parliament Not more
than 10
Nominate
from
Members
The bill which will be present in house
by an MP or opposition party that bill
will be considered whether it is realistic,
imported, potential or any circumstances
by grading A or B categories.
3 D (225-
230)
Selected
Committee on Bill
(SCB)
Examine any
recommended bill
by house
Parliament Not more
than 10
Nominate
from
Members
For any bill need to more investigate line
by line or couched, the house will be
select such committees. The committee
plays important role to furnished a bill
and placed in assemble.
4 E (231-
232)
Petition
Committee (PC)
Examine any
petition on a bill
Speaker
nominated
Not less
than 10
Speaker as
Ex-Officio
The Committee examines any petition by
house referred to the committee. If the
bill complies with the rule, then it present
in house or if not thereof speaker
suggests for remedial of the incorporates
5 F (233-
234)
Standing
Committee on
Public Account
(SCPA)
Examine public
expenditure
annually
Parliament Not move
than 15
Nominate
from
Members
1. The committee examines the
expenditure and annual finance of the
house which was granted by the house.
2. scrutinizing the Appropriation
Accounts of the Government and the
report of the Comptroller and Auditor-
General thereon
3. Examines money that shows in the
account for the purpose of legally project
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Sl
No. of
rule
Name of
Committee
Key
Responsibility
Nominated
by
Members Chairman Note.
the service or purposes the expenditure
the authority which governs
4. examine any autonomous or state
corporation scheme, its trading, earning,
expenditure or balance account or any
directed by speaker.
5. Any other state owned financial
transection if the house askes.
6 G (235-
237)
Committee on
Estimate (CE)
Examine estimate
projected by
government
Parliament Not less
than 10
Nominate
from
Members
The committee time to time examines
economic improvement, efficiency,
administrative reform, alternative polices
to bring efficiency economic
administration or the what money laid
out within the polices and prepare report.
7 H (238-
239)
Committee of
Public Undertake
(PUC)
Examine
Different
Administrative
expenditure
Parliament Not less
than 10
Nominate
from
Members
The committee examines annual
expenditures as per projected or
estimated of the department of Govt. as
Schedule IV of the constitution says and
recommends for further proper utilization
of expenditure.
8 I (240-
243)
Standing
Committee of
Privileges (SCP)
Examine any
question to check
the privileges
were miss guided
Parliament Not less
than 10
Speaker as
Ex-Officio
The Committee shall examine every
question referred to it and determine with
reference to the facts of each case
whether a breach of privilege is involved
and, if so, the nature of the breach, the
circumstances leading to it and make
such recommendations as it may deem fit
9 J (244-
245)
Committee on
Government
Assurance (CGA)
Examine the
sentences or
commitment of
Parliament Not less
than 10
Nominate
from
Members
The committee examines any assurances,
promises,
undertakings, etc. present in house by a
minister, have implemented in time to
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Sl
No. of
rule
Name of
Committee
Key
Responsibility
Nominated
by
Members Chairman Note.
minister pointed
in house
necessary purposes in anywhere or not
implemented.
10 K (246-
248)
Standing
Committee on
Certain Other
Subject
Examine any
sectoral draft bill
by ministry
Parliament Not less
than 10
Nominate
from
Members
Any draft bill of any sectoral by ministry
would be examine its necessity and
efficiency or any, the standing committee
will examine in depth.
11 L (249-
256)
House Committee
(HC)
Resolve
accommodation
related question
Speaker
nominated
More
than 12
Speaker as
Ex-Officio
Deals with all question relating to
residential accommodation for member
of parliament and entire supervision of
food, medical, aid. Other animates of the
house members. The sub committees
under the committee shall do such kind
of job as the House committee
recommend.
12 M (257-
262)
Library Committee
(LC)
Full Utilization of
Library services
Speaker
nominated
Not more
than 9
Deputy
Speaker as
Ex-Officio
Assist members of Parliament in fully
utilizing the services provided by the
Library.
13 N (263-
265)
Standing
Committee on
Rule of Procedure
(CROP)
To consider any
rule of procedure
to operate
parliament or
thereof any
amendment
Parliament Not less
than 12
Speaker as
Ex-Officio
The Committee will examine the
procedures and conduct of business in the
House and to recommend any
amendments of ROP, addition or
alteration or repeal.
14 O (266) Special Committee
(SC)
ad hoc committee Parliament Not
specified
Nominate
from
Members
Special committee will be formed if
house think for special purposes.
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The above table shows the committees of ROP. Now, classified discussion of the committees.
According to the ROP we found two kinds of Committees or the committees are divided in two kinds
by nature.
4.3.1. Non-Ministerial Standing Committee (NMSC):
The committees which are formatted for the whole electoral period of the parliament for five
distinct purposes like:
i) House Keeping
ii) Services
iii) Scrutiny
iv) Security Investigative
v) Financial
The committees are also five in categories. These are
a) House Keeping Committees: The committee is divided into three different committees
1. The Business Advisory Committee
2. The Committee on Private Members’ Bills and Resolutions
3. The Committee on Rules of Procedure
b) The House committee and the Library. The Committees are into the category of service
committees.
c) The Committee on Government Assurances is in nature a scrutinizing committee.
d) The Committee on Privilege and the Committee on Petitions are investigative
committees.
e) The Committee on Estimates, the Committee on Public Accounts and the Committee on
Public Undertakings fall into the category of financial committees.
a) Business Advisory Committee (BAC)
The Business Advisory Committee consists 15 members, the Speaker as ex-officio chairperson, and
chairman appoint the members whom are the leader of the House, the opposition leader, the deputy
speaker and the chief whip. According the ROP we may say the committee importance is to conduct
internal affairs of JS. Under the Rules of Procedure, the Committee on Private Members' Bills and
Resolutions is responsible to examine every Bill seeking amendment of the Constitution for which a
notice is given by a private member. All private members' Bills are referred to this committee to
classify them according to their nature, urgency and importance. The committee recommends the
time that should be allocated for discussion of each private member’s Bill and indicates in the
timetable different hours at which various stages of the Bill in a day shall be completed. Observing
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the functions of the Committee on Rules of Procedure of the JS are very much similar to those of the
Committee for Scrutiny of Elections, Immunity and the Rules of Procedure of the German Bundestag.
b) The House Committee:
The House committee and the Library committee are service committees in nature. The House
committee is appointed to deal with all questions related to residential accommodation for the
members of the Parliament while the Library committee considers and advises on such matters
concerning the Library. These two committees assist the members in utilizing fully the services
provided by the MP Hostel and the Library. The speaker of parliament is the ex-officio chairman.
c) The Committee on Government Assurances:
According to the Rules of Procedure, the committee scrutinizes assurances, promises, undertakings,
etc. given by a Minister, from time to time, on the floor of the House and reports on whether such
assurances, promises, undertakings, etc. have been implemented or not. The chairman would be
nominated from house.
d) The Committee on Petitions and the Committee on Privileges:
The speaker is the ex-officio chairman of the both committee which are investigative committees in
nature. The committees hold investigative power, and according to ROP examine very petition
referred to it and can suggest remedial measures if there any inconsistencies. The Petition Committee
ensures investigation of cases of irregularities of the government departments or misconduct of
individual politicians or government officials. Rule 240 of the ROP the Committee on Privileges is
set up to examine every question referred to it and to determine with reference to the facts of each
case whether a breach of privilege is involved and if this committee finds out the nature of the breach,
circumstances leading to it than it can make such recommendations as it may deem fit.
e) The Financial Committee:
The Jatiyo Sangshad introduces three financial committees:
i) The Committee on Public Accounts (PAC):
The PAC closely scrutinizes the reports of the Comptroller and Auditor General and
fortifies the Principal Accounting Officers against the temptation of financial
irregularities. The PAC expresses its opinion thereon and records its findings and
recommendations.
ii) The Committee on Estimates (EC):
The EC can examine any expenditure and make suggestions about achieving efficiency
in administration. This committee can examine entire administration of the Government,
including financial, administrative.
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iii) The Committee on Public Undertaking (PUC):
Among the three financial committees, the PUC is responsible to examine the reports and
accounts of the public-sector organizations specified in the Schedule IV of the Rules of
Procedure. PUC can also examine any deficiency of the public undertakings, whether the
affairs of the public undertakings are being managed in accordance with sound business
principles and prudent commercial practices. But PUC could not examine or investigate
major Government policy as distinct from business or commercial functions of public
undertakings, and day-to-day administration. This committee cannot examine matters for
the consideration of which any machinery is stablished by any special statute under which
a particular public undertaking is established.
The three Financial committees are considered as the most powerful and important committee for
sanctioning, scrutinizing and monitoring of public expenditure. By the Constitutional Article 76 (1)
(a), The Public Account Committee is mandatory. The three committee also examine the financial
budget provisions during budget preparation by the parliament. It is recommended that Parliament of
Bangladesh could develop a budget review committee separately.
4.3.2. Ministerial Standing Committees (MSC):
Ministerial Standing Committees are important shapes of the rolling party and their ruling. This is
why, the committees play important role. This model was devoted in JS following U.S. congress.
The committees are responsible for scrutinizing the legislative bills before consideration in the House
and overseeing the activities of the respective ministry. The Leader of house will take decision to
form committees, as many thinks that many committee will be formed by, noninitiated from the
members of the house, not appointing more committees a member and no minister will be a chairman
or member in this committee but the minister could attend in the meeting if wish by taking permission
of the chairman of the committee, condition applies only could discuss on a bill but not cast vote.
The number of the departmental standing committees depends on the size of the government ministry.
So, any change of the ministry brings change in the number of the committees. The present 10th
parliament has 45 standing committee
a) Ad hoc Committees:
Ad hoc Committee is not a permanent function forming by the standing committee if feels the need
to scrutiny any bill or to exclusive observe of a bill referred form the house. While standing,
committees carry the main burden of the parliament, some special and select committees are also
formed to deal with particular matters. The Bangladesh JS traditionally sets up two types of ad hoc
committees:
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i) The Select Committee on a Bill:
The Select Committee is traditionally established to examine a bill if the member-in-charge
of the Bill referred it to such a committee rather than a standing committee.
ii) Special Committees:
ROP 266 says the parliament may, by notion, appoint a Special Committee, which shall have
such composition and function as may be specified in the motion.
b) Sub Committees:
The committees of parliament could form sub committees as many, each having undivided power, to
examine any bill referred and producing report of such committee report will be the report of whole
team. Therein refers that the committees will sit together to point by point discuss a bill.
4.4. Composition of Committee
a) Members:
All the members of each committees will be the member as qualified by ROP of the legislature, only
Leader of House will be the member as ex office of the committee of Business Advisory and other as
said ROP. The number of different committees are shown in the Table-01.
b) Chairman:
All NMSC chairman will be the Speaker and Deputy Speaker as Ex Officio
 Speaker: Business Advisory Committee, Petition Committee, Standing Committee of
Privileges, House Committee and Committee of Rule of Procedure.
 Deputy Speaker: Library Committee.
All MSC chairmen will nominated from house, for any instance a member of a committee will be act
as chairman selected by the committee or as said by chairman. For any cause, Chairman may write
own hand application honor to the Speaker, would be vacant. The leader of house will nominate a
new chairman form house. Minister of a department of any could not be a member, nor the chairman
of the committee, if therein a member will be select minister, the position of member or chairman
will be vacant from the instance
4.5. Tenure of Committee:
A committee formatted by the parliament will be in office till the parliament in an electoral period.
4.6. Sitting of Committee:
The Committee Meeting will be held on the same day at same hour as the chairman of the committee
will fix. Sitting of the committees will be private. The quorum of sitting may be as much nearer
member of one third of total member. The sitting shall be in the selected place inside of the
parliament. Sitting may be possible, speaker of the house will give permission prior. If any reasons,
unavailability of the chairman, parliament secretary ex-officio will be call for sitting.
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4.7. Report of Committee:
report will be present in parliament, the bill or any which was referred to it within one month if
parliament not fixed time should follow the said rule of ROP. The chairman would present the report
or if he is not able to than a member will present the report in house with under signature. Till the
report is not present in parliament, the report will consider as a confidential matter by the committee
to maintain.
a) Special Report: A committee may present a special report if the committee think, the matter
which is light of the course of a work considering necessity, to bring the house
4.8. Speaker’s decision regarding committee affairs:
If any doubts arise, the chairman would bring it to notice to speaker, the decision of Speaker will be
considered the final.
4.9. Committee Procedure:
Committee procedure is also important factor of committee system. First, we have to discuss about
the way to forming the committee and its members.
4.10. Committee: The Majority party will perform the leading party of legislature and the leader of
the house, as said the constitution the chairman of elected party, will take decision to which member
will be member for which committee and also the chairman. But, it would not be over the third session
from the new parliament.
4.11. Members: There is no specific indication in ROP that who will be the member of the
committee. Basically, the rolling party forms the committee and members come from the party. As
because, the rolling party seeks electoral dignity to perform. In JS rolling party system is mostly
developed though the other parliamentary party especially the opposite major party will have member
in committee. But, in committee history of Bangladesh JS has not such example. In Indian parliament
and ROP of the parliament guides the duo party member system. The Majority party thinks political
dignity and corporations into its business, therefore, the party nominate the senior members of
parliament as member. Whip of the parliament will take nominate name of the parties and the list of
name will send to the chief whip. Chief whip will negotiate with other parliamentary party to provide
members in committee in concern of the leader of the house. After confirmation of the members,
chief Whip will present the name of member and name of committee in house to take approval from
the house. The parties nominate the members considering political experience, willing and also
comprising political constituent area of the country. Majority party system membership of
committees is harmful of democratic system. A few cases are seen where opposition parliamentary
34 | P a g e
party has representative in committee and though major party askes for member from opposition,
there arises chaos. Speaker of the parliament stands in there and ordered to solve the problem and
may have opposition member in committee. Now a-days it is seen that a seat for opposition remain
vacant, whenever the opposition party think to provide representative, it could fill up.
4.12. Chairman of Committee:
ROP of parliament of Bangladesh only says the qualification of chairman, tenure and power of the
chairman but there is no indication about who will be the chairman. This is why majority party of the
parliament holds the chair. Opposition parliamentary party member could not place in chair only one
case is seen till today in JS committee. But, in other democratic country, a proportion of chairman of
committee will come from other parliamentary party. As a result, democratic practices are in wrong
from the central house of Bangladesh.
4.13. Main Functions of Committee:
The major functions of the committees are:
 Examine draft bill or other legislative functions if referred from house
 Review works of related ministry
 Inquiry into any activity, irregularities or major complains of respective ministry
 Examine any matter of its jurisdiction
 Review the enforcement of laws and propose measures of such enforcement.
 Enforcing attendance of witnesses and examine them an oath, affirmation or otherwise
 Compelling the production of documents
4.14. Administrative Structure and Services to Committee system:
The parliamentary secretariat of Bangladesh plays significant role to function committee system. The
secretariat follows all rules and procedures of administration and guides the nominated or elected
parliaments members. The administration has appointed employees, a secretary of the parliament
posted in head and other staff. The secretary will be the ex-officio secretary of committee. There is
other supporting staff who serves in the cabinet, house and other ministry and also in the committees.
The chairman of committee could appoint a support staff for his office who would be from his choice.
The activities of the parliamentary secretariat-
 The bill which is passed by the parliament that makes gazette
 Formally attend in meeting when speaker is the chairman of a committee
 Notice prepare and circulation to respective committee members or to them as suggested by
the committee
35 | P a g e
 Meeting house ready for sitting and circulate meeting notice to the committee members
 If a standing committee does not sit in meeting, if speaker asked to call a meeting than the
secretary call for meeting of the ministerial committee.
 Supports the committee members with rule or procedure as because the members of the
committee come from parliament who have not pre-knowledge about
 Develops report suggested a bill or any by committee to present in the house
 Summon a person if the committee required through speaker of the parliament
 Manage records and documentation
 Attend other meeting as suggested by the chairman of committee
4.15. Political Parties:
It is very important to discuss practices of political parties of Bangladesh. The behavior of the party
system will contribute in parliamentary party. Very seen major political parties of Bangladesh who
have experiences to build parliament, their practices are not democratic by nature. Each political
party has their own constitution. According their constitution, president/ chairman, General Secretary
or other important position of the parities will be elect by national council of the parties. Bangladesh
Nationalist Party (BNP) president will be elected by a fair electing system through a national council.
But, after death of President Major Ziaur Rahman, Begum Khalada Zia became the chief President
1983 and letter 1984 became president of the parity. After a long math, no council had of the party
and the president position remain to her hand. Other hand, Bangladesh Awami League (AL) regularly
sits for council but the position of the chairman remains Sekh Hashina as because no one could
compete with her from the parries’ presidium members. But, the AL constitution has clear code to
elect a chairman from party members. Jatiya Party one of the major party which has also a
constitution but no member will enjoy any right to select their party chairman, rather president holds
power to choose a member or exclude a member from party. The feature of the parities show that the
chairman of the parties enjoys an autocratic authority and power inside party. The high bench of the
parties is controlled by the party chief and nobody could go against the decision of the leader. The
major decisions come from the leader. In election process for national parliamentary election, the
party men possess lobbing with the high commanding channel of the party to get nomination for
constituency MP poll. The parties have an electoral mechanism for performing election where the
bench will get decision headed by the party leader. But, the law code of the party has not fictional
application, where money become the matter of nomination. And the chair takes final decision. Then
the body arises as the approval authority. The parties code that, if any of the member of the party
could debate the decision of the chief sentence then he/ she will be excluded from party. So, the
sovereignty of the party chief breaks down the democratic system and they become knowledge about
autocracy. The nature of pure politician become violet. Very seen that, a businessman become MP
36 | P a g e
or gets nomination for poll for a big amount of donation to the party or a high government service
holder who has just got retried form job gets a political mended and the political violence and political
merit goes into loo and so on miss politicization of the parties is the great curse for national will.
Such mal practices are seen in parliament. When a party becomes government party, the chairman of
the party holds all disciplinary power and authority. He/she choices the party men for parliamentary
role. The chief knows about skills and knowledges and other potentialities about his/her men and he
appoint them in different parliamentary responsibilities. The front bench of legislature is the major
decision maker of the government, the members also selected by the parliament house leader.
Accordingly, the members of the parliamentary committees are selected by him/ her. The party’s
constitution clears that nobody could deny the selection by the chairman, when she/ he proposes
responsibility and duty to the party man and if that, the chairman of the party will take final decision
about the member. Such examples are cited in Jatiyo Sangshad. The whip and chief whip plays
deputy role of the leader. He/ she does as the leader placed the nomination of the members.
Bangladesh constitution article 70 (1) (b) gives clear authority to disqualify a member if he restraint
from giving vote favor the party that means no men could go against the party decision. Therofe,
party members do not share their views freely. So, parliamentary party system suffers much. Party
leader highly positively for party’s political manifesto, committeemen & will and mostly checks
senior of the party men to distributes the positions. As a result, proper educated person is un available
in parliament. The president of Bangladesh recently argues and predict that a low portion of law
makers are from law background. It should be increased for future betterment of Bangladesh.
Above discussion revealed that political parties in Bangladesh though provided democratic principles
in their constitutions regarding the selection of party leadership, these are not practice properly. Top
brass party leaders were either appointed or nominated by the party chiefs from their trusted ministers
and members of the parliament. Similarly, parliamentary positions were distributed to the trusted and
loyal members. The analysis presented above shows that personal choice, loyalty and satisfaction of
the party chief played important role in making appointments of committee members and
chairpersons and the committee members were tightly controlled by their party chiefs personally
rather than institutional norms. Therefore, in and outside the parliament committee members could
hardly say anything about party policy.
4.16. Summary of the chapter
Committee system of parliament is a major political practice in democratic environment. It seems as
a second strong and decent house of a parliament. The business of the committees works for public
will and the major decision for nation. It is the second policy making house which is combination of
representative of the people. Legislation is the main house of parliament where public and private
37 | P a g e
bill comes in discussion and in agenda. A common discussion and introduction happens in law
making house. But the bill askes very inside investigation and study to make it for the will of people.
It belongs with political commitment of political parties. The committees look into a bill technically
and make a recommendation if there is needed reframe of the bill. In committee, there would be
power party and opposition party member. This is a great dimension of parliament and democracy.
But, In Bangladesh parliament acts not such bright way. A very few cases are seen the composition
of opposition parties get membership in committee. In ROP and also in constitution, there are no
clear rule of committee composition. Another fact is that, all member of committee come from
parliamentary party. The members are also nominated by the leader of legislature. As a result, the
will of the leader turns the will of the committee member. No member could raise or make a question
of any bill or could go against. Article 70 of the constitution of Bangladesh says that if a member of
parliament vote against the will of parliamentary party, the member may exclude from party if the
leader thinks so. Such constitutional code application is in past history of Jatiyo Sangshad. The
committee system of Bangladesh is similar to French Parliamentary Committee system. Financial
expenditure, executive projection and expenditure review and recommendation are also
responsibility of committee. Any sectoral bill gets clause by clause study by ministerial committee.
38 | P a g e
Chapter: 05
Overview of 8th and 9th parliamentary sanding committee
5.1. Introduction:
The 8th
parliament was completed its five-year tenure from 2001 to 2006. The parliamentary party
formed 37 standing committee and 11 select committee. Total 48 parliamentary committees were in
8th
parliament. But in 9th
parliament there are 53 parliamentary committees in the tenure of 2009 to
2013. The committees were formed as per ROP of JS. In 9th
parliament there was 40 Ministerial
Standing Committee, 11 Selected Committee, 1 Special Committee for Constitutional Amendment
which was abolished. There were 183 Sub Committees. In 8th
parliament only 5 committees were
formed in first session of house but in 9th
parliament all committee were formed. Below table shows
the committees:
5.2. 9th Parliamentary Committee: (Table-02)
Sl Name of Committees
Member as
per ROP
#of Committee # of Sub Committees
8th
parliament
9th
parliament
8th
parliament
9th
parliament
1
Business Advisory Committee
(BAC)
15 1 1 0 0
2
Private Member Bill and
Resolution (PMBR)
10 1 0 0 0
3
Selected Committee on Bill
(SCB)
10 1 1 0 0
4 Petition Committee (PC) 10 1 1 0 0
5
Standing Committee on Public
Account (SCPA)
15 1 1 0 0
6 Committee on Estimate (CE) 10 1 1 0 0
7
Committee of Public Undertake
(PUC)
10 1 1 0 0
8
Standing Committee of
Privileges (SCP)
10 1 1 0 0
9
Committee on Government
Assurance (CGA)
10 1 1 0 0
10
Standing Committee on Certain
Other Subject
10 1 1 0 0
11 House Committee (HC) 12 1 1 1 0
12 Library Committee (LC) 9 1 1 0 0
13 Ministerial Standing Committee 10 1 1 3 15
14 Agriculture 10 1 1 3 5
15 Civil Aviation 10 1 1 7 4
16 Commerce 10 1 1 7 3
17 Communication 10 1 1 5 8
18 Culture 10 1 1 5 4
39 | P a g e
Sl Name of Committees
Member as
per ROP
#of Committee # of Sub Committees
8th
parliament
9th
parliament
8th
parliament
9th
parliament
19 Defense 10 1 1 4 0
20 Education 10 1 1 0 12
21 Environment & Forestry 10 1 1 1 4
22 Establishment 10 1 1 9 3
23 Expatriate Welfare 10 1 1 2 5
24 Finance 10 1 1 1 1
25 Fisheries & Livestock 10 1 1 0 5
26 Food 10 1 1 2 0
27 Flood & Disaster Management 10 0 1 0 2
28 Foreign Affairs 10 1 1 0 0
29 Health 10 1 1 1 8
30 Home 10 1 1 5 3
31 Housing & Works 10 1 1 2 9
32 Hill Track 10 0 1 0 0
33 Information 10 1 1 4 3
34 Industry 10 1 1 1 6
35 Labor and Manpower 10 1 1 7 5
36 Land 10 1 1 1 6
37 Legal & Parliamentary Affairs 10 1 1 4 5
38 Liberation War 10 0 1 0 5
39 LGRD 10 1 1 2 4
40 Planning 10 1 1 2 1
41 Primary & Mass education 10 1 1 0 2
42 Post & Telecommunication 10 1 1 1 5
43 Power & Energy 10 1 1 6 6
44 Religious Affairs 10 1 1 5 3
45 Rail 10 0 1 0 1
46 Science & ICT 10 1 1 1 5
47 Shipping 10 1 1 1 11
48 Social Welfare 10 1 1 2 3
49 Textile & Jute 10 1 1 2 5
50 Water Resource 10 1 1 2 4
51 Women & Children 10 1 1 4 5
52 Youth & Sports 10 1 1 3 7
53
Food and Disaster Management
(Abolished)
10 0 1 0 0
54
Special Committee on
Constitution amendment
(Abolished)
10 0 1 0 0
Total 541 48 53 106 183
40 | P a g e
5.3. Professional background of committee background:
Professional background is a remarkable fact of committee members. Because most of the politician
of Bangladesh comes from different profession and try to build their interest within govt. He/s does
not get ministry than 2nd
policy making way is Committee. Mostly business or industrial merchant
inherited in politics and elected parliamentary member. Rather social composition of member of
parliament also a challenge in parliamentary system. In seventh parliament, there were 48%
Businessmen & Industrialists in committee, 8th
parliament 58% and in 9th
parliament 57%. Law
Maker is 17%, 11% & 14%, Land Lord 7% 4% & 7% and other professional is 7%, 2% & 1%. The
data show that politician’s presence is very few in committees in parliament.
Chart-01.
Observing that in 8th
parliament Businessmen & Industrialist were nominated in Ministry of Relief
and Rehabilitations 9 members, Ministry of Commerce 8 and Public Account Committee 8 members.
According above data, it is
5.4. Female participation:
In Indian, Canada, Germany, USA and UK parliamentary committee members have propositional
member whom are women. Gender mainstreaming and equality and equity are major concern in
parliamentary business. In parliament website, there are special page on Empower Women. In
Bangladesh, Parliamentary Committee Member selection, there is not specific ROP act or normative
distribution or nomination of women. In 8th
parliament, no women were nominated as committee
member. In 9th
parliament 28 women members in 17 committees. Out of six committees, 4 women
were nominated as chairman. It is remarkable that; 3 women chairmen were from main opposition
parliamentary party. Overall 10% female participation in committee in 9th
parliament. It is remarkable
48%
6%
2%
17%
9%
4%
7%
7%
58%
5%
3%
11%
11%
7%
4%
2%
57%
3%
3%
14%
9%
6%
7%
1%
0%
10%
20%
30%
40%
50%
60%
70%
Businessmen
&
Industrialists
Former Army
Officers
Former Civil
Servants
Lawyers Doctors, Eng.,
Journalists
Politics Landlords Others
% of Members Occupation
7th 8th 9th
41 | P a g e
that, in 9th
parliament female participation both legislature and ministry were more than 8th
, 7th
and
5th
parliament. Average 59% of women member attendee was in committee meeting.
5.5. Women Participation in 9th Parliament: (Table: 03)
Sl # of Committee # of Member Total
1 3 2 6
2 2 3 6
3 1 5 5
5 11 1 11
Total Committee- 17 Total Member- 28
Table-02
5.6. Committee Business:
In 8th
parliament, there were 982 meetings of the committees and 705 sub-committee meetings were
held. In 9th
parliament 2043 meetings were held of 53 committees and 650 sub-committee meetings
were held where Public Account Committee had highest sitting 132 times. 13 committees had one
meetings in every month. In 9th
parliament 59% of member attendance were ensured in committee
meeting where Primary and Mass Education Committee had highest 92% attendance. A comparative
data presentation is shown of 7th
and 8th
parliaments Estimate, Public Accounts Committee and Public
Under Taking Committee’s status. According to TIB
Parliamentary Watch Review of 9th
parliament, there
were 4935 decision were taken by the committees and
only 1787 decisions were implemented. Highest
achievement earned Library Committee. The committee
had taken 79 decisions and implemented 63 decisions
which is 79.75% and Land ministry had only 1.14%
decisions implemented. No record found 23 committee
by a study of TIB. In 8th
parliament, 4 standing
committees taken 925 decisions but had no implementation of the decisions. TIB shows a study that
in 9th parliament Public Accounts Committee had 6740 objections and 4113 objections were
mitigated. Ministry of Housing & Public Works taken 357 decisions and implemented only 38%.
The Committee of Government Assurance implemented 64% statements and Ministers 32%
commitments. The data indicates that sittings of committee taken decisions to implement, but the
respective ministry or department does not implement the decisions accordingly. If there is any
disagree at the decision than the respective minister shall write a petition mentioning the causes of
disagree. But till the 9th
parliament even in 10th
parliament such records or evidence does not have
the parliament.
74%
26%
(9th Parliament)
Decisions Achieved
(Chart-02)
42 | P a g e
5.7. Committee Report:
According to ROP 208, A Committee may, if it thinks fit, make a special report on any matter that
arises or comes to light in the course of its work & the committee Reports may be either preliminary
or final ROP 209(2). The 8th
Jatiyo Sangshad Ministerial Standing Committee submitted 34 reports
while 9th
JS 45 committees submitted 101 reports. It is very alarming stage of report by the
committee. ROP 208 and 209 clearly define and stated that the committee shall report as a regular
and special. But, most of the committees does not prepare and submit their reports. Considering 8th
and 9th
parliament reporting status, it is assumed that the situation is being increase gradually.
5.8. Comparative study
Observing the above data (Table-01 & 02 and Chart-01 & 02) it is observed that, committee system
in JS is not functioning properly. Parliamentary committee was first introduced in 1st
parliament of
JS. But after 1975, the JS was not acted as democratic. Military administration destroyed the political
system in Bangladesh and destroyed the parliamentary function also. As a result, politicalizing and
political development is still a crying matter. After 1991, the shape of parliamentary democracy sited
in new shape and committee system were need by constitutionally and for better product by political
parties. Three successful parliament has completed five years’ tenure. The 5th
7th
, 8th
and 9th
parliaments are milestone of political change. 8th
parliament, committee systems were not focused
and activity based as there were non-functioning committees. As per ROP, in first sitting of the
legislature, the committees shall be formed. In 9th
parliament, all committees were formed. In 8th
parliament, opposition parliamentary partly member did not involve in committee even chairman. In
9th
parliament was a remarkable evidence in advance of democracy. Three opposition party man
chaired in committees and in member. But, in Public Account Committee, Estimate Committee and
other more important committee of government had no opposition committee member even in chair.
It would be more accountable and transparent government. In 7th
parliament had one special
committee, 8th
parliament had not special committee but in 9th
parliament had one special committee.
In 8th
parliamentary committee meeting data shows irregular committee meeting, but 9th
parliament
was better than 8th
parliament. In 9th
parliament 60% Ruling party men were present in parliamentary
committee meeting, 3% opposition parliamentary party men and 10% of female attendance which is
poor figure and status of committee performance. There was a common character of committees that,
they could not take and sit with experts, civil society, media or elite to get concern or review any bill.
Even there had not any public opinion taking practices by the parliamentary committees.
43 | P a g e
5.9. Comparison with Other Countries
The parliamentary committees are used in a positive manner in developed democracies including the
United Kingdom. In the UK and neighboring India, the members and chairs of committees are
selected in conformity with proportionate representation of different parties in the parliament. The
ministers are not made chairs or members of relevant committees. In both the countries, there is a
timeframe for replying to the recommendations of the committees by concerned divisions/ ministries
and the recommendations are considered with utmost importance. In the UK, the deliberations of
committees are broadcast live. Directives are issued on behalf of ministries in case of summons and
testimonies. The committees can oversee appointments to top levels of the government. Furthermore,
in both countries, committees of concerned departments/ministries are involved in reviewing the
finance bill. Besides, there is a separate committee for evaluating the effectiveness of committees
and for overseeing the activities during the interim period between two governments.
5.10. Criticism:
There is a perception that the committees lack independence from the influence of the major Parties,
and that committee decisions are guided by the party-political allegiances of their members, rather
than objective assessments in the best interests of the community. This comes about from the method
of appointment of committee members, reflecting the relative position of the political parties in the
two houses. In my view, it could mention that legal limitations (jurisdiction, formation, participation,
represent, Conflict of interest in committees, Party influence, Dependent, Accountability) of the
government not ensured. Observing and reading all legal framework and documents of Committee
system, in my view, I found few gaps in SJ Parliamentary Committee structure. Such as-
 ROP does not define clearly about member nomination in committee composition from
opposition party.
 No any specific rule for women participation in committee
 In consistency rule in ROP. Rule 188 (2) says, nominate member of committee whenever
select as minister of any ministry, the member will be excluding form committee and from
chair of committee. ROP 247 gives access the minister in meeting in respect department as a
result the independence of the select committee and its functions being manipulate. Before
1997, the minister was the ex-officio of ministerial committee. Though in 1997, the rule was
amendment technically inclusion of minister in committee mitting, is not justified.
 Decisions taken committees are not implemented by the respective ministry or department.
As a result, transparency and accountability of the parliament and government is questionable.
If the ministry or department has any objection on decision to implement, then the respective
ministry or institution would have writing petition to the house speaker. But, such evidences
44 | P a g e
are not found. So, ROP should have specific rule for punishment to dally implementation as
India or Austrian committee system.
 Amendment of ROP 1997, required that the annual reports of the CAG be routed to the
president through the Prime Minister’s office. This is likely to have some negative
consequences; in particular, this risks making the CAG vulnerable to pressure and influence
of the executive.
 There is relatively little scope for the parliament to exercise control over the planning of
public expenditure; the only committee that can have some impact, the PEC, remains
disadvantaged for a number of reasons. What is needed most is to devise mechanisms to
ensure that the time allocated for deliberating over financial issues is spent in a productive
and meaningful manner.
 No access of technical expert, media, civil society, elite in committee meeting or not any
special arrangement taking public opinion for a bill, or publication in parliamentary website
to get public opinion like Austrian parliament. TIB reported in 9th
parliament only 10
Committees (Fishery and Livestock, Agriculture, Labor and Manpower, Social Welfare,
Education, Power and energy, Liberation, Law, Legislation and Judiciary, Government
Assurance and Commerce) conducted public hearing.
 Improper documentation and data management of parliamentary committee.
 Committees page of Parliamentary website is not well achieved with documents and
information.
 There is relatively little scope for the parliament to exercise control over the planning of
public expenditure; the only committee that can have some impact, the PEC, remains
disadvantaged for a number of reasons. What is needed most is to devise mechanisms to
ensure that the time allocated for deliberating over financial issues is spent in a productive
and meaningful manner.
 Most of the previous committee members are from business man and industrialist. A study
conducted by TIB shows, in 9th
parliament 20 committees member had personal interest
(shipping, transport and communication, garments, jut and business). and 10 committee men
had And committee member’s education background is not considered by the parties.
 Committee members and activities are influenced and controlled by Parliamentary Party
under the article 70 (b).
5.11. Lesson Learnt and Recommendation
1. The committees must be empowered to enforce the presence of witnesses, submission of
testimonies and documents by enacting law in accordance with Article 76 (3) of the Constitution.
2. The following changes must be brought about by amending the Parliamentary Rules of
Procedure:
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees
Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees

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Parlimaentary Committee System of Bangladesh Jatiya Sangsad_A review of Eight and Nine Parliament Committees

  • 1. Parliamentary Committee system of Bangladesh (A review of 8th and 9th parliament)
  • 2. 1 | P a g e Islamic University Kushtia, Bangladesh. Masters of Development Studies (MDS) (Session- January 2016 to December 2016) Department: Politics and Public Administration Title of the Internship: Parliamentary Committee System of Bangladesh (A review of 8th and 9th Parliament.) Dissertation Submitted By: Susanta Sarkar Subho Registration No- EV-2142 Roll No- 071616 Submitted to: Professor Dr. Raqiba Yasmin Chairman, Department of Political Science Islamic University, Kushtia, Bangladesh
  • 3. 2 | P a g e Notice It is hereby declared that, this is an internship titled “Parliamentary Committee System of Bangladesh; A review of 8th and 9th Parliament” which is developed by “Susanta Sarkar Subho”, Student of Masters of Development Studies (MDS), Session January 2016 to December 2016, under Politics and Public Administration Department of Islamic University, Kushtia, Bangladesh that is supervised by the below signatory, is only for obtaining the MDS degree under the university. He bears registration number EV-2142, Roll No- MDS-071616 during academic calendar. The academic article which has Six Chapter, three Annexure and other contents that are collected from different books, research papers, journal and newspapers. The subject of the internship was delegated to him to show his advance study on the fundamental parliamentary business. Professor Dr. Raqiba Yasmin Chairman, Department of Political Science Islamic University, Kushtia, Bangladesh
  • 4. 3 | P a g e EXECUTIVE SUMMARY In modern democracies, parliament has numerous duties. As a key state organ, it examines the legislative proposals in the process of their passage and is entrusted with overseeing executive responsibilities and keeps an eye on government activities. Parliamentary committee system is the most vital structure that permits the legislators to divide up their labor and specialize in particular areas of activities. It is therefore the most significant legislative mechanism and is often referred to as “Small legislatures” of their parent bodies. There is a tendency around the world to rely on committees for accomplishing much of the parliamentary activities. In this regard, Bangladesh is not an exception. Being a South Asian country, it has had familiarity with committee system since last century when the country was under British colonial rule. Bangladesh emerged as an independent state in 1971 following nearly two centuries of British rule and a further quarter century of Pakistan. The new state of Bangladesh adopted parliamentary system of government. All legislative power of the state was vested to the parliament. Though all favorable conditions for parliamentary democracy were ensured in the constitution, differences between the political parties and overwhelming domination of government party and their refusal to recognize the official opposition party in the parliament prevented building a responsible executive. In a sweeping change, parliamentary form of government was replaced by one party presidential system and soon the new system was abolished when the military seized the state by a bloody military coup in 1975. Between 1975 and 1990, the country was under military dominated civil‐military regimes. Parliaments formed during this period were intended to serve the purpose of the regime’s interests. With mass upsurge, military authoritarian regime was ended and parliamentary form of government was restored in 1991. Since the restoration of parliamentary democracy in Bangladesh, committee system is taken seriously in the political as well as in the academic arena because of its importance in the parliamentary process. In this internship paper, I try to discuss on two governments parliamentary committee management, 8th Parliament and 9th parliament of Jatiyo Sangsad of Bangladesh. The 8th parliament was four party alliance government leaded by Bangladesh Nationalist Party (BNP) and 9th is the fourteen-party alliance leaded by Bangladesh Awami League (AL). I applied historical combination, data analytical and descriptive approach. Description and analysis are presented to show institutional environment, strength, culture and practices in viewing democratic & supplementary of good governance and data compression is to show the expected outcome form parliamentary business from committee and the accountability approaches. My analysis and description are presented comprising Rule of Procedure of JS and the Bangladesh Constitution. In this paper, I try to present impotency of committee in parliamentary business and a comparative scenario with developed countries committee systems. Most of the data and information is from secondary and primary sources. To examine the effectiveness of parliamentary
  • 5. 4 | P a g e committee, I collected different research papers, presentations, books of researchers and different journals which are mostly collected from internet as this is most effective media of information, communication and distance learning. In my view, internet is a great store of knowledge. The data which are presented most of them are collected from TIB publications. Rather, it is very difficult to collect from parliamentary library and other publishing journal. The analysis presents in my work showed that the committees were more active in overseeing government activities rather than analyzing policy issues. In a conflicting political environment, committee activities are greatly influenced by the political parties. Lack of compromise between the parties to some extent makes the committees dysfunctional. Despite the existing limitations, committees provide a training ground for the legislators to improve their parliamentary norms and procedural knowledge.
  • 6. 5 | P a g e Declaration I do hereby declare that I have written this internship myself, and that it would not been submitted to any other university for a degree. Susanta Sarkar Subho Kushtia, Bangladesh December 23, 2016.
  • 7. 6 | P a g e ACKNOWLEDGEMENTS The internship, “Effectiveness of Parliamentary Committee System of Bangladesh: A review of 8th and 9th Parliament” was a gift by my honorable supervisor Professor Dr. Raqiba Yasmin, Chairman, Department of Political Science, Islamic University, Kushtia, Bangladesh. I would like to express my heartiest gratitude to her as she gave me such kind of enjoyable work, a fundamental political discipline. Her kind guidance and constant support and follow-up enabled me to complete this ideal work. It must be mentioned that her scholarly supervision helped me to clarify my thoughts and ideas. It could not be possible if she did not guide me to collect data and information for the work. She supervised me refereeing the norms of thesis writing and smarter ways to gather information, the use of information and the style which should be follow to disseminate, incorporate and synthetize the information. I owed gratitude to all my teachers of Development Studies of Islamic University, Kushite. I am very glad that being a student of Development Studies, I worked on a basic political system of a country, “constitutional business” which was spontaneous selection by my supervisor. I also pay my core thanks to my family stayed far from me. During the work, my beloved wife inspired me to indulge into and my thirteen months’ daughter who missed me from loves, affections and cares. I tried my best to incorporate correct information and data to elaborate the internship.
  • 8. 7 | P a g e CONTENTS List of Tables: 1. At a glance of Committees of ROP 2. 9th Parliamentary Committee 3. Women participation in 9th Parliament List of Figures and Boxes: 1. % of occupation of committee members of 9th parliament 2. 9th parliaments decisions Vs Achievements Abbreviation and Acronym: AL : Awami League BNP : Bangladesh Nationalist Party CS : Civil Society JS : Jatiya Sangsad MP : Member of Parliament NGO : Non-Governmental Organization PMBR : Private Members Bill Review ROP : Rule of Procedure TIB : Transparency International Bangladesh UNDP : United Nations Development Program UK : United Kingdom USA : United States of America
  • 9. 8 | P a g e Index Sl Chapter and Topic Page No. Chapter: 01 Introduction and Conceptual Framework 1.1 Introduction 10 1.2 Research Issues 11 1.3 Significance of Parliamentary System: 12 1.4 Conceptual Framework 12 1.4.1 Political environment: 12 1.4.2 Formal-legal framework: 15 1.5 Literature Review: 16 1.6 Methodology of the work 16 1.7 Overview of the internship 17 Chapter: 02 Parliamentary Committee in another parliament 2.1 Introduction: 18 2.2 United Kingdom: 18 2.3 United States of America (USA) 18 2.4 Germany: 19 2.5 India: 19 2.6 Summary of the chapter: 20 Chapter: 03 History of parliament structure of Bangladesh 3.1 Sabha -Samiti and Panchayats: Tradition of Representative Institutions: 21 3.2 Parliamentary Structures: British Colonial Period (1854-1947): 21 3.3 Committees in the Bengal Legislative Assembly: 22 3.4 Committees in the East Pakistan Legislature (1947-71): 22 3.5 Parliamentary Structure in Independent Bangladesh: 23 Chapter: 04 Parliamentary system of Bangladesh Jatiyo Sangshad 4.1 Introduction: 24 4.2 Formal-Legal Framework 24 Constitution: 24 Rule of Procedure: 25 4.3 4.3. At a glance of Committees of ROP: 26 4.3.1. Non-Ministerial Standing Committee (NMSC): 29 a) Business Advisory Committee (BAC) 29 b) The House Committee: 30 c) The Committee on Government Assurances: 30 d) The Committee on Petitions and the Committee on Privileges: 30 e) The Financial Committee: 30 i) The Committee on Public Accounts (PAC): 30 ii) The Committee on Estimates (EC): 30 iii) The Committee on Public Undertaking (PUC): 31 4.3.2. Ministerial Standing Committees (MSC): 31 a) Ad hoc Committees: 31 i) The Select Committee on a Bill: 32
  • 10. 9 | P a g e Sl Chapter and Topic Page No. ii)Special Committees: 32 b) Sub Committees: 32 4.4 Composition of Committee 32 4.5 Tenure of Committee: 32 4.6 Sitting of Committee: 32 4.7 Report of Committee: 33 4.8 Speaker’s decision regarding committee affairs: 33 4.9 Committee Procedure: 33 4.10 Committee: 33 4.11 Members: 33 4.12 Chairman of Committee: 34 4.13 Main Functions of Committee: 34 4.14 Administrative Structure and Services to Committee system: 34 4.15 Political Parties: 35 4.16 Summary of the chapter 36 Chapter: 05 Overview of 8th and 9th parliamentary sanding committee 5.1 Introduction: 38 5.2 9th Parliamentary Committee: 38 5.3 Professional background of committee background: 40 5.4 Female participation: 40 5.5 Women Participation in 9th Parliament: 41 5.6 Committee Business: 41 5.7 Committee Report: 42 5.8 Comparative study 42 5.9 Comparison with Other Countries 43 5.10 Criticism: 43 5.11 Lesson Learnt and Recommendation 44 Chapter:06 Summary and conclusion Annexure i Annexure: 01 47 Important Glossary: 50 ii Annexure: 02 50 Article 76 of the Bangladesh Constitution: 54 iii Annexure-03 54 Rules of Procedure 55 A Bibliography 55 B References 68 C Journal and Newspapers 69
  • 11. 10 | P a g e Chapter: 01 Introduction and Conceptual Framework 1.1. Introduction: This is a study on parliamentary committees with particular reference to Bangladesh. The main implication of this work is ‘how do parliamentary committees perform when placed in the political context of post- colonial societies, where the political institutions, at least partly, have been imposed from outside rather than being fully indigenous. The presented internship focuses on the performances of parliamentary committees 8th and 9th parliaments. In doing so, this section first analyzes the evolution of the parliamentary structures with necessary examples. Bangladesh, the new identification by name of East Bangle to East Pakistan emerged as an independent state in 1971, after about two centuries of British rule and a further quarter century of Pakistani rule. The new independent country developed a new constitution, which was promulgated in 1972, adopted a parliamentary system of government reflecting the aspirations of the people who had struggled to achieve such a democratic system since the British colonial days. The Bangladesh Constitution entrusted all legislative authority to a unicameral Parliament called the ‘Jatiyo Sangsad’. The President was made the nominal head of the executive while the real executive power of the state was vested to the Prime Minister like the cabinet government as practiced in Britain. The Prime Minister and the cabinet were collectively responsible to the parliament. For ensuring government accountability to the parliament, constitution makers incorporated the provision of the parliamentary committee system in Article 76 of the Constitution. Article 76 of the Constitution formally granted the parliament the authority to appoint standing committees as necessary for discharging its functions. Though many favorable pre-conditions of the parliamentary system of the government were provided in the Constitution, lack of separation between state, government and party, depending party machinery on the leader, differences between the political parties, undermining of a free and fair electoral process, overwhelming majority of the government party in the parliament and their refusal to recognize the existence of the official opposition hindered the opportunities for the regime to practice norms and conventions of the parliamentary form of the government. A political turmoil happened in newly political society to create an accessible political environment ‘democracy’, state power coped by military and the constitutional buffering of democracy spoiled from 1975 to 1990. The constitution and parliament was dogged by military administration and the functional politicization and culture were grassed under weed. The military mentors tried to induce military legislature but it was not success. During the military regime, three parliaments had been formed under presidential form of govern that was mostly rubber stamp like institution. The article 76 of the constitution was a far crying. The most mispens of the constitution was its different amendment and comprising. In 1991, the hungered democracy of the life of Bangladesh mustering parliament democracy plundering constitution and foremost go. And the parliamentary business starts it new journey with accomplishing committee system viewing same inspiration of the begging constitution. From 1991 to 2016 there are five elected parliaments though there are different discomfort about election process.
  • 12. 11 | P a g e 1.2. Research Issues Since the restoration of the parliamentary system in 1991, the committee system has created interests both in political science discipline and research prospectus. Academic discipline like obtaining a higher degree, universities and students are choosing JS committee system. Different national and international organizations or donor agencies, citizen forums and media emphasize on strengthening the committee system towards demanding government accountability by the parliament. Considering the above discussion this intern seeks to answer how do committees perform in a parliament where the political institutions mainly adopted from outside rather than being fully indigenous. Focusing on the following issues this research attempts to assess the performances of the committees in the post 1990 Bangladesh parliaments with necessary examples and illustrations. In this internship, it encompasses the below areas: 1) Formal arrangements of the committee system including composition, structure and functions of the committees. 2) Institutional mechanism affecting the functioning of the committee system in Bangladesh. 3) Performance of the committees of the Jatiya Sangsad regarding the legislative and overseeing processes. 4) The parliamentary committees and the society connection focusing on the role of the media and the civil society. 1.3. Significance of Parliamentary System: Modern state management is the age of Parliament. To make well function parliament, parliament experts the origin of Parliamentary Committees is the British Parliament which was started in seventeenth centuries. Then the role of the committees scrutinized the legislative bill. Gradually model of parliamentary function increased its dimension and USA, Germany and other democratic countries. In past, committees were not as much powerful as the present have. Now it is said that committees of parliament as a little legislature. Day to day the legislature is becoming more dependable in committees. In this circumstance, Committee system has evolved to make the parliamentary activities more effective. Drafting legislation takes place in the committees; the plenary does much less, because it has only limited amount of time to consider the draft bill. It becomes a general feature that much of the real parliamentary deliberations take place in the committees. For the last three decades, throughout the world, committee system has emerged as vibrant and important structure of the parent body. Therefore, it is a global trend to view the committee system as an important structural element of the parent body. Around the world there is a trend to move towards more reliance on committees to conduct the work of parliament, and the greatest reason for this trend is a concern for efficiency. It is observed that the committees are the
  • 13. 12 | P a g e chief instruments for making decisions with regard to legislation and authorization and oversight of administrative actions. Committee system gradually has become the nucleus of many legislatures entrusted with the tasks of scrutinizing legislative proposals and monitoring government activities in favor of transparency and accountability. The most obvious purpose of committees is to scrutinize the activities of the executive branch, which includes administrative oversight and financial oversight. Permanent committees corresponding to the government departments are assigned to oversee particular government department. Most parliaments thus employee financial committees like Budget Committee, Public Accounts Committee, Estimates Committee or Government Undertakings Committees for monitoring financial matters. In the recent decades, the focus of the parliamentary committees has been shifted from legislative deliberation to placing an emphasis on their oversight role. While parliaments declined in status and effectiveness, subject based new committees have been introduced to achieve effective control over government. In recent decades, subject based departmental standing committees open the windows for the legislators to develop their expertise on particular areas. 1.4. Conceptual Framework Parliamentary Committee activities depend upon a variety of factors. The factors that affect the working of parliamentary committees can be divided into three fields: a) Political Environment b) Committee Structure c) Committee Capacity 1.4.1. Political environment: Political environment is a great factor of committee activates. Political environment depends on few factors. Such as State Structure, Political Situation, Political Parties, Bureaucracy, Interest Groups, Civil society and Media. A short narration: i) State Structure: Legislature, Executive and Judiciary, the three are the structure of a state. Three types of political systems are commonly found that are presidential system, parliamentary system and semi-presidential system. The former is based upon the principle of separation of power and operates through the constitutional system of check and balance. In this system, each branch of the government has some scrutiny and control over other branches that is a factor of committee system. Such as in USA constitution, there are checks and balance system. Separation of power of the three branches are absent in USA congress. The constitution is a presidential system. Again, in which parliament, has legislative and executive are controlled by political executive. UK, India and other countries have such political system. And In a hybrid system, executive power is shared between a separately elected a President and a Prime Minister or
  • 14. 13 | P a g e Chancellor who are separately elected. It is sometimes termed as the semi-presidential system if the constitution and/or political circumstances tend to place emphasis on the power of the President. If the Prime Minister and the legislative leaders enjoy more power than the President does, it may be referred to as a semi-parliamentary system where the President does more power than Prime Minister and the Legislature it is may be referred to as a semi- presidential. Parliament experts argued, in the Presidential parliament, committee system is more strong than Cabinet parliamentary system. Separation of power is very important to function the committees well. In Ministerial parliamentary system, legislature and executive are controlled by a same leader and same political party in both house. And they practice the law which the party men accept, and the committee people are from legislature leading party, and the committee become use less. ii) Political Situation: Political Situation is another factor of committees’ function. We found different political situations, sometimes parliament becomes inactive or abolished for political upraising. Sometimes, parliament is being manipulated by the executives, sometimes, there are a less control of executives and sometimes, only parliament becomes policy or rule making house. These kinds of political abruption are frequently happened in the third world countries. These kinds of situations arise when state power coped by military administration, the military rulers try to legalize their rule in legislature, become rubber stamp parliament, absence of constitutional behavior. The military ruler forms political party and shows a mock election, become one party alliance of the state and smashed the major pillars of a country. Again, parliament and politics becomes one party executive by one political party. Such kinds of situation create political turmoil and government change frequently. As the government changed frequently, the parliament gets new MP and the committee of parliament gets new delegations. The new delegations are not experience and do not mean business properly. Ultimately, the power of committee goes to the leader of house and accountability of the government becomes autocratic. iii) Political party: This is another factor of success of committees. Political party men become the member of the house and the parliament party selects men to forming committees. Whip of the house listed the members who will go which committee. The committee members are selected from their elected MPs and they mostly seek political merit and age of politics. Sometimes, influential political leader and personal interest MP lobbies to get nomination of committee member or chair. Present practices are, the parliament party does not consider opposition party MPs to nominate in parliamentary
  • 15. 14 | P a g e committee. In political practices, opposition party always criticize the power party and the power party does not take it as positive apron. In this view, the power party takes its MPs in committees for more control for party will and commitment and keep behind the opposition party men. As a result, the committee people do not debate any decisions, the role of committee breaks. So, committee will depend on political parties and behaviors. iv) Interest Groups: Presently, interest groups are being involved in politics. The interest group people tries to get nomination for Parliament. If wins, then tries to get appointment in committee. When they become a man of policy maker, they will try to incorporate their interest into rule or law which will be passed by the house. Not only such way the interest group works. Interest groups or associations are directly or indirectly involved in the process of government through different channels. Among the various channels, parliamentary committee system is one of the important organs to influence government policies. They pursue three strategies to accomplish their demands in the committees. They maintain a good contact with the committee members, they have members in the parties who peruse to get appointment on the appropriate committee or they maintain a contact with political parties outside the parliament. Safely observed that members of a parliamentary group whether small or large have strong ties with associations. v) Civil Society: Civil society has appeared as an important factor in strengthening democracy in the developing states. It is often populated by organized groups and institutions that are independent of the state such as Non-Governmental Organizations (NGOs), professionals, academia, social and religious groups. It may be defined as ‘people coming together around a common concern, a concern which is linked to the values of the wider society, and insisting that the major institutions--the state, political parties, and business take these values into consideration. Civil society plays important role in democratic system in policy or decision making process. CS arises voice or gives opinion on a bill to review, amendment or any. If CS could have the chance to see into a bill for the will of nation than accountability and transparency of committee will be increased. Civil society is seen active in promoting participation, advocating for transparency and accountability in new and restored democratic countries. The developing states, particularly which emerged from decades of dictatorship need to find ways to monitor and restrain the power of the political leaders and bureaucracy. It has been observed that in these states, civil society raised public concern about any misuse of power. They worked for controlling the power of the state and corruption. The
  • 16. 15 | P a g e countries where electoral process and parliament remain weak and fragile, civil society actors work there to improve democratic governance. vi) Media: A media is a mirror of nation. A strong media composition keeps the government straight forward. In committee functions, media coverage will collect public opinion on a work of legislature. In committee business, media will appear there. The independence of the media from state control is crucially important in publicizing the activities of the parliaments. The countries where media is strictly regulated by the state apparatus have a great chance to promote partisan interests. On the contrary, media in private hands' and with regulatory flexible framework have wider opportunity to project the activities of the parliament neutrally. However, media houses tended to promote certain principle or ideology. Thus, the role of media in publicizing the parliamentary activities depends upon the nature of the ideology of the owner and state principles. 1.4.2. Formal-legal framework: The constitution and the rules of procedure are the two sources of committee organization and their functioning. The constitution generally defines the jurisdiction of committees and in some cases, it is mandatory for the parliament to appoint some specific committees. The constitution also sets out broad principles of information acquisition. Right to demand presence of ministers for witnesses, right to demand documents or to hold public hearing depends upon the power given in the constitution. The rules of procedure specify actual number of committees and their method of functioning. i) Committee type: In different country or parliament has different kinds or types of committee but few of them are mostly same in functions. Around the world, committees are broadly categorized into two types: permanent and ad hoc type committees. Permanent committees can further be broken into ministerial standing committees and non-ministerial standing committees. Permanent committees, which parallel the structure of the ministries, have greater opportunities for policy activity than those which are temporary and which have different principles of formation. ii) Committee selection process: Committee selection process depends on the will of government. The constitution of the parliament demands few select committees that could be ruled in procedure and all the rest standing committee will be selected by the house leader. Few committees are selected by the Speaker of the parliament and some of them are nominated by the leader of the house. There is rule or procedure shows, the ability of being member or benign the chairman of the committee. Some committee’s chairman become some ex-officio. Sometimes, the parliament select some special committee or ad hoc committee or subcommittee for smarter business
  • 17. 16 | P a g e purpose. Select committees select to meet national demand and political manifesto. There is a remarkable gap in practice that, the ruling party when enjoys the power to select the committees, could not discuss with the opposition parliamentary party. 1.5. Literature Review: The role of parliamentary committee system can be understood in the contexts of its emergence and working. Here, a review of the existing literature about various issues of the committee system will be discussed. Most of the data are collected from TIB. Literature work of Ronaque Jahan and Inge Amundsen present their work titled “The parliament of Bangladesh Representation and Accountability” where they tried to influence in parliamentary business and upwards. Md.Awal Hossain Mollah, Lecturer, Rajjshahi University discussed about good governance issues in hi work “Good Governance of Bangladesh: Role of the Parliament”. An assessment work by World Bank Group, “Bangladesh: Country Financial Accountability Assessment, Parliamentary Control Over Public Expenditure in Bangladesh: The Role of Committees” tries to present weakness of Bangladesh parliament to ensure financial accountability & “Orientation Handbook for Members of Parliaments” written by John K. Johnson Robert T. Nakamura World Bank, tries to show roles and responsibility of MP of Bangladesh Legislature. “Committee System of Bangladesh Parliament” Committee Supporting wing, Bangladesh Parliament Secretariat, constructively presented about parliamentary committee systems framework. “Effectiveness of Parliamentary Standing Committees in Bangladesh: Challenges and Way Forward”, TIB presented parliamentray committee systems challenges to implements. H.W. R. Wate discusses constitutional development approaches in his work “Constitutional Fundamentals”. K.M. Mohiuddin discusses ins and outs of parliamentary committee system and Development of Bangladesh. He discussed historical perspective of Committee system of Bangladesh as well as discusses challenges and suggestions. Md. Navid Ullah discussed major perspective and development of Parliamentary System of Bangladesh. 1.6. Methodology of the work In this thesis paper, I go through a scientific method to gather information. In this thesis, I presented historical combination analysis and descriptive approaches. During the work, I accomplished a glance of different activities and achievements of parliamentary committees of 8th and 9th parliament of Bangladesh. To evaluate committee system in legislature, I discuss a short on developed parliaments committee system. To explain present legal framework and social involvement in committee systems are comparatively narrated in political viewpoints. There is comparative discussion of the 8th and 9th parliament committee practices. There are few data and information presented as because there are not enough data in my collection. Different literature review, research papers, journal and paper were collected from internet. The information is mostly collected from different web pages. There are few constructive criticism on committee system of Bangladesh and prescribed few recommendation in viewing democracy. I tried to show qualifications of the committee members and personal interest as mostly seen politics are engulf by interest group to gain personal interest. I presented women participation and engagement in parliamentary business. I used a very few abbreviations in discussion as it could be easy understand. There are few political terms are note in my research which will be an element to get understand narration.
  • 18. 17 | P a g e 1.7. Overview of the internship Bangladesh is being introduced as a democratic country around the world. It has a long journey since British rule. After a long dedication of revolution for democracy, 1971skecthes its shape. But, the beauty of democracy differently becomes polluted. Though that incidence, constitutional development of Bangladesh was being restored and the practices are in run. Parliamentary committee systems of the constitution of Bangladesh in legislature and its functions, effectiveness etc. are discussed in the work. To examine it, there are different references, data and information discussed and used which are collected from different sources. To present the discussion, I divided it in different chapters. In first chapter-01 it is discussed about conceptual framework of parliamentary committee system to examine significance of parliamentary committee system with books, journals and newspapers. Chapter two discusses different parliamentary committee systems to incorporate evaluation of Bangladesh Parliamentary Committee System. Chapter three discusses history of parliamentary system of Bangladesh. In this chapter I mentioned traditional concept of committee system in law making process. Journeys of committee system in a formal way in British India, Pakistan period and in Bangladesh. Chapter four discusses present parliamentary systems of Bangladesh where I incorporate formal framework like the constitution article, rule of procedures for parliamentary party. Here I discussed on different parliamentary committee structures and procedures. Chapter Five is narrated with different data and information in a statistical way to represent 8th and 9th parliamentary activities. In compression of two parliamentary achievement, I present a critical criticism and discussion. There are different recommendations on parliamentary committee activities for democratization of parliamentary business. Chapter Six is a conciliation summary where different comments of experts are represented. The paper has a glossary with note. The Internship also contains Article of Constitution of Bangladesh and ROP of the parliament in annexure. At last Bibliography and references.
  • 19. 18 | P a g e Chapter: 02 Parliamentary Committee in another parliament 2.1. Introduction: The committee system in parliament is an old practice in parliamentary systems. Different has different framework of parliamentary system. It depends of political environment of that country. The members of parliamentary committee usually come from majority party of legislature. But, very few parliament practices propositional divide among parliamentary parties. It shows the political discipline of the parliament and symbol of democratic practices. Number of Member and number of committee also are the matter of parliamentary system and framework. Chairman of the committee is a major factor for nomination. Now, we can see a nutshell of committee systems of different parliament. 2.2. United Kingdom: The mother of Democracy, British parliament, practices parliamentary committee system. The committees work upon Westminster system. There are two kinds of standing committee: a) Selected Parliamentary Committee: Any bill automatically comes to Selected committee to get final recommendation and review which is more powerful than standing committee. This committee is parament and will work till the parliament tenure. The committee will oversight administrative budget, expenditure and other ministerial or departmental issues. b) Standing Committee of House: Any bill could review or set recommendation or proposal of amendment, but it should be submitted to selected committee for final recommendation. When a bill comes the committee, it will be act as ad hoc committee. 2.3. United States of America (USA) The two parts composition, the world’s strong second house of parliament ‘Senate’ and the house of Representative of USA Congress, has strong committee system. Most of the major legislative decisions, bill, rules and other policies of house go to Congressional Committees or sub committees. The two house have two system of committee and their work is different in nature. The house of Representative has 19 committees and the Senate has 15 committees. The committees could summon if administrative officials do not co-operate with the committees positively. The committees may recommend a bill or to amend the bill to pass in house. The committees may change a bill entirely expect the tile of the bill and could report the bill in place of the amendment. It could stop a bill to pass in house. According the sort narration, it assumes that, committee system of USA is a strong democratic practice for the nation. President Woodrow Wilson predicted that, the congressional government is the committee government and he also ascertained that Congress in its committee room is Congress at works.
  • 20. 19 | P a g e 2.4. Germany: The parliament (Budestag) takes a decision on the number of committees to be constituted and on their composition at the beginning of each electoral team. Germany has three constitutional law; Basic Law, Federation Law and Special Law. There is a parliamentary group system. The group constitutes the committee members and replace and removal are also vested in the group. At the beginning of the parliament, the group formats 23 permanent committees for the full time electoral. 12 committees are formatted by parliamentary majority party by code and 11 other committees are formatted by the opposition parliamentary party. Two kinds of committees: a) Permanent and b) Special committee are in practices of legislation. Only permanent committee could form sub or ad hoc committee if feels needs (ROP 45). There is a Lead committee to present any recommended bill of the committees in plenary. According the Basic Law of Budetag, for any summon or interview, parliamentary group will confirm the obligation. The Budget committee reviews budgetary projections, government and administrative annual expenditure. Committee system of Germany is a multifaceted and complex procedure. The house of Elder practices supreme authority of committee functions. 2.5. India: India is one of the democratic government of the world. The parliament business has committee system. The parliamentary committees are divided into different categories. These are- a) Financial Committees b) Departmentally Related Standing Committees; c) Other Parliamentary Standing Committees; and d) Ad hoc Committees. The federal parliamentary system composes committees nominating a portion of member from Raja Sabha. Each Standing Committee consisted of not more than 45 members 30 to be nominated by the Speaker from amongst the members of Lok Sabha and 15 to be nominated by the Chairman, Rajya Sabha. Now the new amendment as 2004, Standing Committee consisted of not more than31, who are 21 from Loak Sabha and 10 from Rajya Sabha. Rule of Proceeding of Parliament 253 to 331 rules are on Committee framework of Indian Parliament. Any bill at first discussed at house ant to motion to move in selected committee or joint committee. Committee study the bill clause by clause to study the bill and finally the committee prepare a report on the bill to house to pass. No minister of any minister could be a member even chairman of the respected committee. The code of ROP as the code of Bangladesh ROP. But by nature, it is more different from Bangladesh committee system.
  • 21. 20 | P a g e 2.6. Summary of the chapter: Observing the different parliamentary committees and their activities, we may point out the below functions: a) Legislative oversight: In present democratic parliament, legislature depends more in its committee to reduce its work load. Legislature seeks examination ins and outs of a bill thus there would not be any question for. And Committees do their duties to security any bill and recommend if there is any inconsistency or matter of public will or socio-political aspects. As a result, legislature does not enjoy dictator passing a bill. b) Executive Oversight: Committees of different ministry examines any bill drafts by a ministry. The ministerial standing committee examines the bill if there is any inconsistency or any correction or any amendment. Ministry is bound to give its update report to committee. On a report, committee justifies estimate and achievement. If there is any deviation, committee produces a report against the committee and present in parliament. c) Financial Oversight: Any financial Estimate, Expenditure of ministry, executive or any high officials of executive, committee audits and monitors the financial plans. Committee examines estimate vs actual achievement. If committee finds any inconsistency, committee produces a report and present in house session.
  • 22. 21 | P a g e Chapter: 03 History of parliament structure of Bangladesh Today’s Bangladesh has long journey and history. And institutional development of politics belongs from ancient time. To show the parliamentary structure in terms of justifying committee system, I mentioned it with different stages and regimes of rulers. 3.1. Sabha -Samiti and Panchayats: Tradition of Representative Institutions: Historians and indigenous ancient literature show that democracy was well in place in India long before the British came. In the Hindu ruler regimes, there was a political system as city-sate embodied a few villages ruled by a king titled (Rajan). The Rajan was chosen by people and governed with their consent and approval. There were two assemblies formed by the king named as Sabha and Samiti. The two assemblies suggested and helped the king with advices and corrective measures. Not only that the two bodies were examines the rules of the king whether it was for welfare in favor of dominances. The Sabha and Samiti were differentiated from each other in their status and functions. Though the two components of king as auxiliary govern but they had separate aspect of activity. Samiti deserves as general assembly where people could have access in particular terms besides Sabha was the selected body of King from the elder representative of Samity. Samity were selected their king. The two houses had not right to posse a law and rule as because all text of rule and law were sacred or secular. The two wings of king were prided twin ‘daughters’. The historian predicted that it the ancient political systems was more democratic in practices and contained rudiments of a modern parliament. In regime of Muslim rule, the Samiti and Sabha were destroyed and established Sultanates in Mughal period. The ruler appointed ministers or councilors to assist him and to carry out his commands. The body of councilors was not popular by people. In village level, Panchayat system was constituted who was the face of Sultans or King. Panchayat had an elected head man who had social responsibility to collect tax or revenue for government. The panchayat system gradually replaced in Union Board in British rule. 3.2. Parliamentary Structures: British Colonial Period (1854-1947): There were representative institutions in ancient India at various levels. After impunity by British in India subcontinent, there was not representation of Indians in parliamentary system till 1853. When Indian got imperialism, western politics understood, different political turmoil on the banner of privileging citizen rights, British ruler studied the concept or motive of politics, they develop a new parliamentary system consisted Indian. Different constitutional reform and amendment. These
  • 23. 22 | P a g e are Act of Charter 1853, Indian Council act of 1861, Indian Council Act 1892, The Legislative Council Act, Indian Providence Act 1919 and Indian Government Act 1935. The transaction of legislative institution and constitutional development of British India had different perspective. Charter 1853 power delegation from Est India Company to Crown, a separate governor for Bangle, Separation Executive council to legislation in provincial government. In 1861, Indian Council Act only reformation of executive, legislative and providence administrative reformation and no other act and administrative reformation has a proper portion of Indian’s participation in law making process. But in 1919 Indian Government Act delegated with proper participation of Indians and legislative committee system was properly fictional structured. Before 1920, the working committee was categorized into the Committee of Whole House, The Select Committees and The Petition Committee. In new act, the Whole House Committee was abolished and reformed as departmental Standing Committees and Public Account Committee. Till 1937, the committees were selective. A new legislation, and its committees were elected by procedure and the system was forging in the independence of India and Separation in two countries. 3.3. Committees in the Bengal Legislative Assembly: The growth of committee system in the Bengal legislature may be traced with the establishment of the legislative assemblies in the provinces. The committees, which functioned in the Bengal Legislative Assembly, could be divided into four types: Committee of the Whole House, Select Committee, Finance Committee and Public Accounts Committee. The Bengal Legislative Assembly often turned into Committee of the Whole House. Following the British parliamentary practice, House itself resolved into a committee with all members of the Assembly to review important bill or particular parts of legislation without observing the formalities required by the Rules of Procedure. It was a different manner of sitting of the Assembly. 3.4. Committees in the East Pakistan Legislature (1947-71): After gaining separation from India, East Pakistan constituted the first Legislative Assembly under the Indian Act of 1935. The assembly was continued till 1954. After constitutional election, the second assembly was constituted 1954 and prolonged 1958 before the military cop the power. A rule committee was first constituted in 1956 but it did not make its proper function. In the Est Pakistan assembly, there were two types of committees: the standing committees and the ad hoc select committees. The select committees were either selected by the Speaker or elected by the House. The Select committees scrutinized a particular bill as referred to them by the plenary. The plenary Committees were ad hoc in nature as their terms of reference were limited to examine and report on the referred bill from selected committee. The Minister in charge of the concerned department was in chair. At this stage, bill was discussed in depth and asked experts and representatives view and opinion on bill. But there were very negligible approaches; most of the
  • 24. 23 | P a g e bill did not sent to the selected committee. The ad hoc committee directly send the bill to the assembly and passed the bill even they did not call for regular meeting. Only Public Account Committee was in function and regularize its meeting and prepared report. 3.5. Parliamentary Structure in Independent Bangladesh: Bangladesh has a history of independence since 1757. Different political, social and economic turmoil had in account of liberation which stood in ground in 1971. Different political conspiracy destroyed political will of Bangle. The major convent of conspiracy was in the rule of Pakistan when they abolished Constitutional Assembly with coping Military rule titled Martial law and Bangle got new identification as Est Pakistan. In 1971, the Bangle earns the independence. After independence, a new constitution was constituted in 1972 and the legislative parliamentary power named ‘Jatiyo Sangshad’. The prime Minister and the cabinet will be responsible to parliament and the President was made ceremonial head. The new constitution was build gathering knowledge from different countries constitution and placed parliamentary sanding committee in Article 76. A rule of parliament was also constituted and there mentioned the framework of the committees. According to the first ROP JS had to set up seven standing committee and the new ROP provided for four more standing committees. The parliament constituted eleven standing committees were; three financial, two investigative, six domestic committees. But the standing committees could not ensure its supremacy over the executive due to overwhelming majority of the power party and there had refusal of opposition representative in committee. Though that, the parliamentary system possessed one party presidential model. The scenario got quick change. After the ancient black night 1975, the Bangladesh again vested its power in military intervention and the military regime at a stack till 1990 directly or indirectly. The parliament Committee system again broken down. Political scientists predict that the military regime on hold the country in favor of traditional colonial politics. The root of colonial mentality of military had an inject flow from British-India Army and in Pakistan Martial law army plantation. When army conquered in power, they kept themselves away from public or mass people. It senses as anti-governmental, anti-national and anti-political. The army ruler believed that they could operate and direct the executive functionally. But it did not spring to the people. After math, the regime of military destroyed by political suggestion by general people. Till 1990, the politicization of Bangladesh and doing nationalization hampered much and the development of the country remain backwards. After the fall of authoritarian regime, the parliamentary system of government was reintroduced in 1991. From than the parliamentary committee system is in function and democratization is onward.
  • 25. 24 | P a g e Chapter: 04 Parliamentary system of Bangladesh Jatiyo Sangshad 4.1. Introduction: The present chapter attempts to analyze the legal basis, institutional capacity and working procedure of the committees in the Bangladesh parliament. In doing so, the first section analyzes the formal- legal arrangements from the viewpoint of institutional power, the second and the third sections discuss committee structure and procedure respectively. By analyzing the relationship between committees and political parties the fourth section seeks to answer how the parties control their committee members. 4.2. Formal-Legal Framework Committee system of parliament is a nucleus body serving both legislation and parliamentary oversight of the government. It is a most popular practice in parliamentary government of the world. Bangladesh has a parliamentary committee system that ensures accountability of the executive and to filter the legislative proposals before enactment into law. 4.2.1. Constitution: Bangladesh parliament ‘Jatiyo Sangshad’ has its committee system which has constitutional strength. Article 76 of the Bangladesh Constitution, Part ‘V’, The Legislature, Chapter-I, Parliament, ‘Standing committees of Parliament’ clearly defines about parliamentary standing committees. The constitution makes its bindings to set-up- i) Public accounts committee; ii) committee of privileges; and iii) Such other standing committees as the rules of procedure of Parliament require The article 76 refers as Legislative committees. 76 (1) “Parliament shall appoint from among its members the following standing committees”. 76(2) gives opportunity to the house to form such other standing committees if the house think what is saying 76(1) (C), subject to other law. 76(2) (a-d) is the basic framework about responsibility of Committees. Committees could examine draft Bills and other legislative proposals; They could review the enforcement of laws and propose measures for such enforcement; in relation to any matter referred to it by Parliament as a matter of public importance, investigate or inquire into the activities or administration of a Ministry and may require it to furnish, through an authorized representative, relevant information and to answer questions, orally or in writing and will bound to perform any other function assigned to it by Parliament. 76(3) dedicates special power to the committee to enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; and compelling the production of
  • 26. 25 | P a g e documents. According the constitutional structure, Rule of Procedure defines specifically the framework of committees. 4.2.2. Rule of Procedure: The Rules of Procedure of Parliament of the People’s Republic of Bangladesh, Chapter ‘XXVII’, “Rules Regulating Committees” from 187 to 266 rules are the functional structure of committee systems. The Constitution of Bangladesh composes basic structure of committee system. Committee definition, Appointment of Committee, discharge, composition, duties and responsibilities, quorum, powers, different committees, their definition, responsibility and tenure, chairman, evidence and oath etc. a clear guidance are given in ROP. The Rules of Procedure not only the rule of committee but also operating rule of Jatiyo Sangshad of Bangladesh. The characteristics of ROP of Bangladesh Parliament, we may categories: i) Written: All rules are clearly defined and written. ii) Chapter by chapter define: All working area of Parliament are defining chapter by chapter and easy to understand. iii) Amendable: The ROP is amendable. It was last amended in 2007. iv) Essential rule: ROP is an essential literature of Parliament. v) Linguistic standard: The language of ROP is stander, no clumsy word to read.
  • 27. 26 | P a g e 4.3. At a glance of Committees of ROP: (Table: 01) Sl No. of rule Name of Committee Key Responsibility Nominated by Members Chairman Note. 1 B (219- 221) Business Advisory Committee (BAC) Government and other private bill resolution time frame Speaker nominated Not more than 15 Speaker as Ex-Officio To discuss stage by stage in bill, how much time allocation will be considered, the committee will allocate. The bill will be referred by Speaker of house. 2 C (222- 224) Private Member Bill and Resolution (PMBR) Examine Private Bill’s impotency Parliament Not more than 10 Nominate from Members The bill which will be present in house by an MP or opposition party that bill will be considered whether it is realistic, imported, potential or any circumstances by grading A or B categories. 3 D (225- 230) Selected Committee on Bill (SCB) Examine any recommended bill by house Parliament Not more than 10 Nominate from Members For any bill need to more investigate line by line or couched, the house will be select such committees. The committee plays important role to furnished a bill and placed in assemble. 4 E (231- 232) Petition Committee (PC) Examine any petition on a bill Speaker nominated Not less than 10 Speaker as Ex-Officio The Committee examines any petition by house referred to the committee. If the bill complies with the rule, then it present in house or if not thereof speaker suggests for remedial of the incorporates 5 F (233- 234) Standing Committee on Public Account (SCPA) Examine public expenditure annually Parliament Not move than 15 Nominate from Members 1. The committee examines the expenditure and annual finance of the house which was granted by the house. 2. scrutinizing the Appropriation Accounts of the Government and the report of the Comptroller and Auditor- General thereon 3. Examines money that shows in the account for the purpose of legally project
  • 28. 27 | P a g e Sl No. of rule Name of Committee Key Responsibility Nominated by Members Chairman Note. the service or purposes the expenditure the authority which governs 4. examine any autonomous or state corporation scheme, its trading, earning, expenditure or balance account or any directed by speaker. 5. Any other state owned financial transection if the house askes. 6 G (235- 237) Committee on Estimate (CE) Examine estimate projected by government Parliament Not less than 10 Nominate from Members The committee time to time examines economic improvement, efficiency, administrative reform, alternative polices to bring efficiency economic administration or the what money laid out within the polices and prepare report. 7 H (238- 239) Committee of Public Undertake (PUC) Examine Different Administrative expenditure Parliament Not less than 10 Nominate from Members The committee examines annual expenditures as per projected or estimated of the department of Govt. as Schedule IV of the constitution says and recommends for further proper utilization of expenditure. 8 I (240- 243) Standing Committee of Privileges (SCP) Examine any question to check the privileges were miss guided Parliament Not less than 10 Speaker as Ex-Officio The Committee shall examine every question referred to it and determine with reference to the facts of each case whether a breach of privilege is involved and, if so, the nature of the breach, the circumstances leading to it and make such recommendations as it may deem fit 9 J (244- 245) Committee on Government Assurance (CGA) Examine the sentences or commitment of Parliament Not less than 10 Nominate from Members The committee examines any assurances, promises, undertakings, etc. present in house by a minister, have implemented in time to
  • 29. 28 | P a g e Sl No. of rule Name of Committee Key Responsibility Nominated by Members Chairman Note. minister pointed in house necessary purposes in anywhere or not implemented. 10 K (246- 248) Standing Committee on Certain Other Subject Examine any sectoral draft bill by ministry Parliament Not less than 10 Nominate from Members Any draft bill of any sectoral by ministry would be examine its necessity and efficiency or any, the standing committee will examine in depth. 11 L (249- 256) House Committee (HC) Resolve accommodation related question Speaker nominated More than 12 Speaker as Ex-Officio Deals with all question relating to residential accommodation for member of parliament and entire supervision of food, medical, aid. Other animates of the house members. The sub committees under the committee shall do such kind of job as the House committee recommend. 12 M (257- 262) Library Committee (LC) Full Utilization of Library services Speaker nominated Not more than 9 Deputy Speaker as Ex-Officio Assist members of Parliament in fully utilizing the services provided by the Library. 13 N (263- 265) Standing Committee on Rule of Procedure (CROP) To consider any rule of procedure to operate parliament or thereof any amendment Parliament Not less than 12 Speaker as Ex-Officio The Committee will examine the procedures and conduct of business in the House and to recommend any amendments of ROP, addition or alteration or repeal. 14 O (266) Special Committee (SC) ad hoc committee Parliament Not specified Nominate from Members Special committee will be formed if house think for special purposes.
  • 30. 29 | P a g e The above table shows the committees of ROP. Now, classified discussion of the committees. According to the ROP we found two kinds of Committees or the committees are divided in two kinds by nature. 4.3.1. Non-Ministerial Standing Committee (NMSC): The committees which are formatted for the whole electoral period of the parliament for five distinct purposes like: i) House Keeping ii) Services iii) Scrutiny iv) Security Investigative v) Financial The committees are also five in categories. These are a) House Keeping Committees: The committee is divided into three different committees 1. The Business Advisory Committee 2. The Committee on Private Members’ Bills and Resolutions 3. The Committee on Rules of Procedure b) The House committee and the Library. The Committees are into the category of service committees. c) The Committee on Government Assurances is in nature a scrutinizing committee. d) The Committee on Privilege and the Committee on Petitions are investigative committees. e) The Committee on Estimates, the Committee on Public Accounts and the Committee on Public Undertakings fall into the category of financial committees. a) Business Advisory Committee (BAC) The Business Advisory Committee consists 15 members, the Speaker as ex-officio chairperson, and chairman appoint the members whom are the leader of the House, the opposition leader, the deputy speaker and the chief whip. According the ROP we may say the committee importance is to conduct internal affairs of JS. Under the Rules of Procedure, the Committee on Private Members' Bills and Resolutions is responsible to examine every Bill seeking amendment of the Constitution for which a notice is given by a private member. All private members' Bills are referred to this committee to classify them according to their nature, urgency and importance. The committee recommends the time that should be allocated for discussion of each private member’s Bill and indicates in the timetable different hours at which various stages of the Bill in a day shall be completed. Observing
  • 31. 30 | P a g e the functions of the Committee on Rules of Procedure of the JS are very much similar to those of the Committee for Scrutiny of Elections, Immunity and the Rules of Procedure of the German Bundestag. b) The House Committee: The House committee and the Library committee are service committees in nature. The House committee is appointed to deal with all questions related to residential accommodation for the members of the Parliament while the Library committee considers and advises on such matters concerning the Library. These two committees assist the members in utilizing fully the services provided by the MP Hostel and the Library. The speaker of parliament is the ex-officio chairman. c) The Committee on Government Assurances: According to the Rules of Procedure, the committee scrutinizes assurances, promises, undertakings, etc. given by a Minister, from time to time, on the floor of the House and reports on whether such assurances, promises, undertakings, etc. have been implemented or not. The chairman would be nominated from house. d) The Committee on Petitions and the Committee on Privileges: The speaker is the ex-officio chairman of the both committee which are investigative committees in nature. The committees hold investigative power, and according to ROP examine very petition referred to it and can suggest remedial measures if there any inconsistencies. The Petition Committee ensures investigation of cases of irregularities of the government departments or misconduct of individual politicians or government officials. Rule 240 of the ROP the Committee on Privileges is set up to examine every question referred to it and to determine with reference to the facts of each case whether a breach of privilege is involved and if this committee finds out the nature of the breach, circumstances leading to it than it can make such recommendations as it may deem fit. e) The Financial Committee: The Jatiyo Sangshad introduces three financial committees: i) The Committee on Public Accounts (PAC): The PAC closely scrutinizes the reports of the Comptroller and Auditor General and fortifies the Principal Accounting Officers against the temptation of financial irregularities. The PAC expresses its opinion thereon and records its findings and recommendations. ii) The Committee on Estimates (EC): The EC can examine any expenditure and make suggestions about achieving efficiency in administration. This committee can examine entire administration of the Government, including financial, administrative.
  • 32. 31 | P a g e iii) The Committee on Public Undertaking (PUC): Among the three financial committees, the PUC is responsible to examine the reports and accounts of the public-sector organizations specified in the Schedule IV of the Rules of Procedure. PUC can also examine any deficiency of the public undertakings, whether the affairs of the public undertakings are being managed in accordance with sound business principles and prudent commercial practices. But PUC could not examine or investigate major Government policy as distinct from business or commercial functions of public undertakings, and day-to-day administration. This committee cannot examine matters for the consideration of which any machinery is stablished by any special statute under which a particular public undertaking is established. The three Financial committees are considered as the most powerful and important committee for sanctioning, scrutinizing and monitoring of public expenditure. By the Constitutional Article 76 (1) (a), The Public Account Committee is mandatory. The three committee also examine the financial budget provisions during budget preparation by the parliament. It is recommended that Parliament of Bangladesh could develop a budget review committee separately. 4.3.2. Ministerial Standing Committees (MSC): Ministerial Standing Committees are important shapes of the rolling party and their ruling. This is why, the committees play important role. This model was devoted in JS following U.S. congress. The committees are responsible for scrutinizing the legislative bills before consideration in the House and overseeing the activities of the respective ministry. The Leader of house will take decision to form committees, as many thinks that many committee will be formed by, noninitiated from the members of the house, not appointing more committees a member and no minister will be a chairman or member in this committee but the minister could attend in the meeting if wish by taking permission of the chairman of the committee, condition applies only could discuss on a bill but not cast vote. The number of the departmental standing committees depends on the size of the government ministry. So, any change of the ministry brings change in the number of the committees. The present 10th parliament has 45 standing committee a) Ad hoc Committees: Ad hoc Committee is not a permanent function forming by the standing committee if feels the need to scrutiny any bill or to exclusive observe of a bill referred form the house. While standing, committees carry the main burden of the parliament, some special and select committees are also formed to deal with particular matters. The Bangladesh JS traditionally sets up two types of ad hoc committees:
  • 33. 32 | P a g e i) The Select Committee on a Bill: The Select Committee is traditionally established to examine a bill if the member-in-charge of the Bill referred it to such a committee rather than a standing committee. ii) Special Committees: ROP 266 says the parliament may, by notion, appoint a Special Committee, which shall have such composition and function as may be specified in the motion. b) Sub Committees: The committees of parliament could form sub committees as many, each having undivided power, to examine any bill referred and producing report of such committee report will be the report of whole team. Therein refers that the committees will sit together to point by point discuss a bill. 4.4. Composition of Committee a) Members: All the members of each committees will be the member as qualified by ROP of the legislature, only Leader of House will be the member as ex office of the committee of Business Advisory and other as said ROP. The number of different committees are shown in the Table-01. b) Chairman: All NMSC chairman will be the Speaker and Deputy Speaker as Ex Officio  Speaker: Business Advisory Committee, Petition Committee, Standing Committee of Privileges, House Committee and Committee of Rule of Procedure.  Deputy Speaker: Library Committee. All MSC chairmen will nominated from house, for any instance a member of a committee will be act as chairman selected by the committee or as said by chairman. For any cause, Chairman may write own hand application honor to the Speaker, would be vacant. The leader of house will nominate a new chairman form house. Minister of a department of any could not be a member, nor the chairman of the committee, if therein a member will be select minister, the position of member or chairman will be vacant from the instance 4.5. Tenure of Committee: A committee formatted by the parliament will be in office till the parliament in an electoral period. 4.6. Sitting of Committee: The Committee Meeting will be held on the same day at same hour as the chairman of the committee will fix. Sitting of the committees will be private. The quorum of sitting may be as much nearer member of one third of total member. The sitting shall be in the selected place inside of the parliament. Sitting may be possible, speaker of the house will give permission prior. If any reasons, unavailability of the chairman, parliament secretary ex-officio will be call for sitting.
  • 34. 33 | P a g e 4.7. Report of Committee: report will be present in parliament, the bill or any which was referred to it within one month if parliament not fixed time should follow the said rule of ROP. The chairman would present the report or if he is not able to than a member will present the report in house with under signature. Till the report is not present in parliament, the report will consider as a confidential matter by the committee to maintain. a) Special Report: A committee may present a special report if the committee think, the matter which is light of the course of a work considering necessity, to bring the house 4.8. Speaker’s decision regarding committee affairs: If any doubts arise, the chairman would bring it to notice to speaker, the decision of Speaker will be considered the final. 4.9. Committee Procedure: Committee procedure is also important factor of committee system. First, we have to discuss about the way to forming the committee and its members. 4.10. Committee: The Majority party will perform the leading party of legislature and the leader of the house, as said the constitution the chairman of elected party, will take decision to which member will be member for which committee and also the chairman. But, it would not be over the third session from the new parliament. 4.11. Members: There is no specific indication in ROP that who will be the member of the committee. Basically, the rolling party forms the committee and members come from the party. As because, the rolling party seeks electoral dignity to perform. In JS rolling party system is mostly developed though the other parliamentary party especially the opposite major party will have member in committee. But, in committee history of Bangladesh JS has not such example. In Indian parliament and ROP of the parliament guides the duo party member system. The Majority party thinks political dignity and corporations into its business, therefore, the party nominate the senior members of parliament as member. Whip of the parliament will take nominate name of the parties and the list of name will send to the chief whip. Chief whip will negotiate with other parliamentary party to provide members in committee in concern of the leader of the house. After confirmation of the members, chief Whip will present the name of member and name of committee in house to take approval from the house. The parties nominate the members considering political experience, willing and also comprising political constituent area of the country. Majority party system membership of committees is harmful of democratic system. A few cases are seen where opposition parliamentary
  • 35. 34 | P a g e party has representative in committee and though major party askes for member from opposition, there arises chaos. Speaker of the parliament stands in there and ordered to solve the problem and may have opposition member in committee. Now a-days it is seen that a seat for opposition remain vacant, whenever the opposition party think to provide representative, it could fill up. 4.12. Chairman of Committee: ROP of parliament of Bangladesh only says the qualification of chairman, tenure and power of the chairman but there is no indication about who will be the chairman. This is why majority party of the parliament holds the chair. Opposition parliamentary party member could not place in chair only one case is seen till today in JS committee. But, in other democratic country, a proportion of chairman of committee will come from other parliamentary party. As a result, democratic practices are in wrong from the central house of Bangladesh. 4.13. Main Functions of Committee: The major functions of the committees are:  Examine draft bill or other legislative functions if referred from house  Review works of related ministry  Inquiry into any activity, irregularities or major complains of respective ministry  Examine any matter of its jurisdiction  Review the enforcement of laws and propose measures of such enforcement.  Enforcing attendance of witnesses and examine them an oath, affirmation or otherwise  Compelling the production of documents 4.14. Administrative Structure and Services to Committee system: The parliamentary secretariat of Bangladesh plays significant role to function committee system. The secretariat follows all rules and procedures of administration and guides the nominated or elected parliaments members. The administration has appointed employees, a secretary of the parliament posted in head and other staff. The secretary will be the ex-officio secretary of committee. There is other supporting staff who serves in the cabinet, house and other ministry and also in the committees. The chairman of committee could appoint a support staff for his office who would be from his choice. The activities of the parliamentary secretariat-  The bill which is passed by the parliament that makes gazette  Formally attend in meeting when speaker is the chairman of a committee  Notice prepare and circulation to respective committee members or to them as suggested by the committee
  • 36. 35 | P a g e  Meeting house ready for sitting and circulate meeting notice to the committee members  If a standing committee does not sit in meeting, if speaker asked to call a meeting than the secretary call for meeting of the ministerial committee.  Supports the committee members with rule or procedure as because the members of the committee come from parliament who have not pre-knowledge about  Develops report suggested a bill or any by committee to present in the house  Summon a person if the committee required through speaker of the parliament  Manage records and documentation  Attend other meeting as suggested by the chairman of committee 4.15. Political Parties: It is very important to discuss practices of political parties of Bangladesh. The behavior of the party system will contribute in parliamentary party. Very seen major political parties of Bangladesh who have experiences to build parliament, their practices are not democratic by nature. Each political party has their own constitution. According their constitution, president/ chairman, General Secretary or other important position of the parities will be elect by national council of the parties. Bangladesh Nationalist Party (BNP) president will be elected by a fair electing system through a national council. But, after death of President Major Ziaur Rahman, Begum Khalada Zia became the chief President 1983 and letter 1984 became president of the parity. After a long math, no council had of the party and the president position remain to her hand. Other hand, Bangladesh Awami League (AL) regularly sits for council but the position of the chairman remains Sekh Hashina as because no one could compete with her from the parries’ presidium members. But, the AL constitution has clear code to elect a chairman from party members. Jatiya Party one of the major party which has also a constitution but no member will enjoy any right to select their party chairman, rather president holds power to choose a member or exclude a member from party. The feature of the parities show that the chairman of the parties enjoys an autocratic authority and power inside party. The high bench of the parties is controlled by the party chief and nobody could go against the decision of the leader. The major decisions come from the leader. In election process for national parliamentary election, the party men possess lobbing with the high commanding channel of the party to get nomination for constituency MP poll. The parties have an electoral mechanism for performing election where the bench will get decision headed by the party leader. But, the law code of the party has not fictional application, where money become the matter of nomination. And the chair takes final decision. Then the body arises as the approval authority. The parties code that, if any of the member of the party could debate the decision of the chief sentence then he/ she will be excluded from party. So, the sovereignty of the party chief breaks down the democratic system and they become knowledge about autocracy. The nature of pure politician become violet. Very seen that, a businessman become MP
  • 37. 36 | P a g e or gets nomination for poll for a big amount of donation to the party or a high government service holder who has just got retried form job gets a political mended and the political violence and political merit goes into loo and so on miss politicization of the parties is the great curse for national will. Such mal practices are seen in parliament. When a party becomes government party, the chairman of the party holds all disciplinary power and authority. He/she choices the party men for parliamentary role. The chief knows about skills and knowledges and other potentialities about his/her men and he appoint them in different parliamentary responsibilities. The front bench of legislature is the major decision maker of the government, the members also selected by the parliament house leader. Accordingly, the members of the parliamentary committees are selected by him/ her. The party’s constitution clears that nobody could deny the selection by the chairman, when she/ he proposes responsibility and duty to the party man and if that, the chairman of the party will take final decision about the member. Such examples are cited in Jatiyo Sangshad. The whip and chief whip plays deputy role of the leader. He/ she does as the leader placed the nomination of the members. Bangladesh constitution article 70 (1) (b) gives clear authority to disqualify a member if he restraint from giving vote favor the party that means no men could go against the party decision. Therofe, party members do not share their views freely. So, parliamentary party system suffers much. Party leader highly positively for party’s political manifesto, committeemen & will and mostly checks senior of the party men to distributes the positions. As a result, proper educated person is un available in parliament. The president of Bangladesh recently argues and predict that a low portion of law makers are from law background. It should be increased for future betterment of Bangladesh. Above discussion revealed that political parties in Bangladesh though provided democratic principles in their constitutions regarding the selection of party leadership, these are not practice properly. Top brass party leaders were either appointed or nominated by the party chiefs from their trusted ministers and members of the parliament. Similarly, parliamentary positions were distributed to the trusted and loyal members. The analysis presented above shows that personal choice, loyalty and satisfaction of the party chief played important role in making appointments of committee members and chairpersons and the committee members were tightly controlled by their party chiefs personally rather than institutional norms. Therefore, in and outside the parliament committee members could hardly say anything about party policy. 4.16. Summary of the chapter Committee system of parliament is a major political practice in democratic environment. It seems as a second strong and decent house of a parliament. The business of the committees works for public will and the major decision for nation. It is the second policy making house which is combination of representative of the people. Legislation is the main house of parliament where public and private
  • 38. 37 | P a g e bill comes in discussion and in agenda. A common discussion and introduction happens in law making house. But the bill askes very inside investigation and study to make it for the will of people. It belongs with political commitment of political parties. The committees look into a bill technically and make a recommendation if there is needed reframe of the bill. In committee, there would be power party and opposition party member. This is a great dimension of parliament and democracy. But, In Bangladesh parliament acts not such bright way. A very few cases are seen the composition of opposition parties get membership in committee. In ROP and also in constitution, there are no clear rule of committee composition. Another fact is that, all member of committee come from parliamentary party. The members are also nominated by the leader of legislature. As a result, the will of the leader turns the will of the committee member. No member could raise or make a question of any bill or could go against. Article 70 of the constitution of Bangladesh says that if a member of parliament vote against the will of parliamentary party, the member may exclude from party if the leader thinks so. Such constitutional code application is in past history of Jatiyo Sangshad. The committee system of Bangladesh is similar to French Parliamentary Committee system. Financial expenditure, executive projection and expenditure review and recommendation are also responsibility of committee. Any sectoral bill gets clause by clause study by ministerial committee.
  • 39. 38 | P a g e Chapter: 05 Overview of 8th and 9th parliamentary sanding committee 5.1. Introduction: The 8th parliament was completed its five-year tenure from 2001 to 2006. The parliamentary party formed 37 standing committee and 11 select committee. Total 48 parliamentary committees were in 8th parliament. But in 9th parliament there are 53 parliamentary committees in the tenure of 2009 to 2013. The committees were formed as per ROP of JS. In 9th parliament there was 40 Ministerial Standing Committee, 11 Selected Committee, 1 Special Committee for Constitutional Amendment which was abolished. There were 183 Sub Committees. In 8th parliament only 5 committees were formed in first session of house but in 9th parliament all committee were formed. Below table shows the committees: 5.2. 9th Parliamentary Committee: (Table-02) Sl Name of Committees Member as per ROP #of Committee # of Sub Committees 8th parliament 9th parliament 8th parliament 9th parliament 1 Business Advisory Committee (BAC) 15 1 1 0 0 2 Private Member Bill and Resolution (PMBR) 10 1 0 0 0 3 Selected Committee on Bill (SCB) 10 1 1 0 0 4 Petition Committee (PC) 10 1 1 0 0 5 Standing Committee on Public Account (SCPA) 15 1 1 0 0 6 Committee on Estimate (CE) 10 1 1 0 0 7 Committee of Public Undertake (PUC) 10 1 1 0 0 8 Standing Committee of Privileges (SCP) 10 1 1 0 0 9 Committee on Government Assurance (CGA) 10 1 1 0 0 10 Standing Committee on Certain Other Subject 10 1 1 0 0 11 House Committee (HC) 12 1 1 1 0 12 Library Committee (LC) 9 1 1 0 0 13 Ministerial Standing Committee 10 1 1 3 15 14 Agriculture 10 1 1 3 5 15 Civil Aviation 10 1 1 7 4 16 Commerce 10 1 1 7 3 17 Communication 10 1 1 5 8 18 Culture 10 1 1 5 4
  • 40. 39 | P a g e Sl Name of Committees Member as per ROP #of Committee # of Sub Committees 8th parliament 9th parliament 8th parliament 9th parliament 19 Defense 10 1 1 4 0 20 Education 10 1 1 0 12 21 Environment & Forestry 10 1 1 1 4 22 Establishment 10 1 1 9 3 23 Expatriate Welfare 10 1 1 2 5 24 Finance 10 1 1 1 1 25 Fisheries & Livestock 10 1 1 0 5 26 Food 10 1 1 2 0 27 Flood & Disaster Management 10 0 1 0 2 28 Foreign Affairs 10 1 1 0 0 29 Health 10 1 1 1 8 30 Home 10 1 1 5 3 31 Housing & Works 10 1 1 2 9 32 Hill Track 10 0 1 0 0 33 Information 10 1 1 4 3 34 Industry 10 1 1 1 6 35 Labor and Manpower 10 1 1 7 5 36 Land 10 1 1 1 6 37 Legal & Parliamentary Affairs 10 1 1 4 5 38 Liberation War 10 0 1 0 5 39 LGRD 10 1 1 2 4 40 Planning 10 1 1 2 1 41 Primary & Mass education 10 1 1 0 2 42 Post & Telecommunication 10 1 1 1 5 43 Power & Energy 10 1 1 6 6 44 Religious Affairs 10 1 1 5 3 45 Rail 10 0 1 0 1 46 Science & ICT 10 1 1 1 5 47 Shipping 10 1 1 1 11 48 Social Welfare 10 1 1 2 3 49 Textile & Jute 10 1 1 2 5 50 Water Resource 10 1 1 2 4 51 Women & Children 10 1 1 4 5 52 Youth & Sports 10 1 1 3 7 53 Food and Disaster Management (Abolished) 10 0 1 0 0 54 Special Committee on Constitution amendment (Abolished) 10 0 1 0 0 Total 541 48 53 106 183
  • 41. 40 | P a g e 5.3. Professional background of committee background: Professional background is a remarkable fact of committee members. Because most of the politician of Bangladesh comes from different profession and try to build their interest within govt. He/s does not get ministry than 2nd policy making way is Committee. Mostly business or industrial merchant inherited in politics and elected parliamentary member. Rather social composition of member of parliament also a challenge in parliamentary system. In seventh parliament, there were 48% Businessmen & Industrialists in committee, 8th parliament 58% and in 9th parliament 57%. Law Maker is 17%, 11% & 14%, Land Lord 7% 4% & 7% and other professional is 7%, 2% & 1%. The data show that politician’s presence is very few in committees in parliament. Chart-01. Observing that in 8th parliament Businessmen & Industrialist were nominated in Ministry of Relief and Rehabilitations 9 members, Ministry of Commerce 8 and Public Account Committee 8 members. According above data, it is 5.4. Female participation: In Indian, Canada, Germany, USA and UK parliamentary committee members have propositional member whom are women. Gender mainstreaming and equality and equity are major concern in parliamentary business. In parliament website, there are special page on Empower Women. In Bangladesh, Parliamentary Committee Member selection, there is not specific ROP act or normative distribution or nomination of women. In 8th parliament, no women were nominated as committee member. In 9th parliament 28 women members in 17 committees. Out of six committees, 4 women were nominated as chairman. It is remarkable that; 3 women chairmen were from main opposition parliamentary party. Overall 10% female participation in committee in 9th parliament. It is remarkable 48% 6% 2% 17% 9% 4% 7% 7% 58% 5% 3% 11% 11% 7% 4% 2% 57% 3% 3% 14% 9% 6% 7% 1% 0% 10% 20% 30% 40% 50% 60% 70% Businessmen & Industrialists Former Army Officers Former Civil Servants Lawyers Doctors, Eng., Journalists Politics Landlords Others % of Members Occupation 7th 8th 9th
  • 42. 41 | P a g e that, in 9th parliament female participation both legislature and ministry were more than 8th , 7th and 5th parliament. Average 59% of women member attendee was in committee meeting. 5.5. Women Participation in 9th Parliament: (Table: 03) Sl # of Committee # of Member Total 1 3 2 6 2 2 3 6 3 1 5 5 5 11 1 11 Total Committee- 17 Total Member- 28 Table-02 5.6. Committee Business: In 8th parliament, there were 982 meetings of the committees and 705 sub-committee meetings were held. In 9th parliament 2043 meetings were held of 53 committees and 650 sub-committee meetings were held where Public Account Committee had highest sitting 132 times. 13 committees had one meetings in every month. In 9th parliament 59% of member attendance were ensured in committee meeting where Primary and Mass Education Committee had highest 92% attendance. A comparative data presentation is shown of 7th and 8th parliaments Estimate, Public Accounts Committee and Public Under Taking Committee’s status. According to TIB Parliamentary Watch Review of 9th parliament, there were 4935 decision were taken by the committees and only 1787 decisions were implemented. Highest achievement earned Library Committee. The committee had taken 79 decisions and implemented 63 decisions which is 79.75% and Land ministry had only 1.14% decisions implemented. No record found 23 committee by a study of TIB. In 8th parliament, 4 standing committees taken 925 decisions but had no implementation of the decisions. TIB shows a study that in 9th parliament Public Accounts Committee had 6740 objections and 4113 objections were mitigated. Ministry of Housing & Public Works taken 357 decisions and implemented only 38%. The Committee of Government Assurance implemented 64% statements and Ministers 32% commitments. The data indicates that sittings of committee taken decisions to implement, but the respective ministry or department does not implement the decisions accordingly. If there is any disagree at the decision than the respective minister shall write a petition mentioning the causes of disagree. But till the 9th parliament even in 10th parliament such records or evidence does not have the parliament. 74% 26% (9th Parliament) Decisions Achieved (Chart-02)
  • 43. 42 | P a g e 5.7. Committee Report: According to ROP 208, A Committee may, if it thinks fit, make a special report on any matter that arises or comes to light in the course of its work & the committee Reports may be either preliminary or final ROP 209(2). The 8th Jatiyo Sangshad Ministerial Standing Committee submitted 34 reports while 9th JS 45 committees submitted 101 reports. It is very alarming stage of report by the committee. ROP 208 and 209 clearly define and stated that the committee shall report as a regular and special. But, most of the committees does not prepare and submit their reports. Considering 8th and 9th parliament reporting status, it is assumed that the situation is being increase gradually. 5.8. Comparative study Observing the above data (Table-01 & 02 and Chart-01 & 02) it is observed that, committee system in JS is not functioning properly. Parliamentary committee was first introduced in 1st parliament of JS. But after 1975, the JS was not acted as democratic. Military administration destroyed the political system in Bangladesh and destroyed the parliamentary function also. As a result, politicalizing and political development is still a crying matter. After 1991, the shape of parliamentary democracy sited in new shape and committee system were need by constitutionally and for better product by political parties. Three successful parliament has completed five years’ tenure. The 5th 7th , 8th and 9th parliaments are milestone of political change. 8th parliament, committee systems were not focused and activity based as there were non-functioning committees. As per ROP, in first sitting of the legislature, the committees shall be formed. In 9th parliament, all committees were formed. In 8th parliament, opposition parliamentary partly member did not involve in committee even chairman. In 9th parliament was a remarkable evidence in advance of democracy. Three opposition party man chaired in committees and in member. But, in Public Account Committee, Estimate Committee and other more important committee of government had no opposition committee member even in chair. It would be more accountable and transparent government. In 7th parliament had one special committee, 8th parliament had not special committee but in 9th parliament had one special committee. In 8th parliamentary committee meeting data shows irregular committee meeting, but 9th parliament was better than 8th parliament. In 9th parliament 60% Ruling party men were present in parliamentary committee meeting, 3% opposition parliamentary party men and 10% of female attendance which is poor figure and status of committee performance. There was a common character of committees that, they could not take and sit with experts, civil society, media or elite to get concern or review any bill. Even there had not any public opinion taking practices by the parliamentary committees.
  • 44. 43 | P a g e 5.9. Comparison with Other Countries The parliamentary committees are used in a positive manner in developed democracies including the United Kingdom. In the UK and neighboring India, the members and chairs of committees are selected in conformity with proportionate representation of different parties in the parliament. The ministers are not made chairs or members of relevant committees. In both the countries, there is a timeframe for replying to the recommendations of the committees by concerned divisions/ ministries and the recommendations are considered with utmost importance. In the UK, the deliberations of committees are broadcast live. Directives are issued on behalf of ministries in case of summons and testimonies. The committees can oversee appointments to top levels of the government. Furthermore, in both countries, committees of concerned departments/ministries are involved in reviewing the finance bill. Besides, there is a separate committee for evaluating the effectiveness of committees and for overseeing the activities during the interim period between two governments. 5.10. Criticism: There is a perception that the committees lack independence from the influence of the major Parties, and that committee decisions are guided by the party-political allegiances of their members, rather than objective assessments in the best interests of the community. This comes about from the method of appointment of committee members, reflecting the relative position of the political parties in the two houses. In my view, it could mention that legal limitations (jurisdiction, formation, participation, represent, Conflict of interest in committees, Party influence, Dependent, Accountability) of the government not ensured. Observing and reading all legal framework and documents of Committee system, in my view, I found few gaps in SJ Parliamentary Committee structure. Such as-  ROP does not define clearly about member nomination in committee composition from opposition party.  No any specific rule for women participation in committee  In consistency rule in ROP. Rule 188 (2) says, nominate member of committee whenever select as minister of any ministry, the member will be excluding form committee and from chair of committee. ROP 247 gives access the minister in meeting in respect department as a result the independence of the select committee and its functions being manipulate. Before 1997, the minister was the ex-officio of ministerial committee. Though in 1997, the rule was amendment technically inclusion of minister in committee mitting, is not justified.  Decisions taken committees are not implemented by the respective ministry or department. As a result, transparency and accountability of the parliament and government is questionable. If the ministry or department has any objection on decision to implement, then the respective ministry or institution would have writing petition to the house speaker. But, such evidences
  • 45. 44 | P a g e are not found. So, ROP should have specific rule for punishment to dally implementation as India or Austrian committee system.  Amendment of ROP 1997, required that the annual reports of the CAG be routed to the president through the Prime Minister’s office. This is likely to have some negative consequences; in particular, this risks making the CAG vulnerable to pressure and influence of the executive.  There is relatively little scope for the parliament to exercise control over the planning of public expenditure; the only committee that can have some impact, the PEC, remains disadvantaged for a number of reasons. What is needed most is to devise mechanisms to ensure that the time allocated for deliberating over financial issues is spent in a productive and meaningful manner.  No access of technical expert, media, civil society, elite in committee meeting or not any special arrangement taking public opinion for a bill, or publication in parliamentary website to get public opinion like Austrian parliament. TIB reported in 9th parliament only 10 Committees (Fishery and Livestock, Agriculture, Labor and Manpower, Social Welfare, Education, Power and energy, Liberation, Law, Legislation and Judiciary, Government Assurance and Commerce) conducted public hearing.  Improper documentation and data management of parliamentary committee.  Committees page of Parliamentary website is not well achieved with documents and information.  There is relatively little scope for the parliament to exercise control over the planning of public expenditure; the only committee that can have some impact, the PEC, remains disadvantaged for a number of reasons. What is needed most is to devise mechanisms to ensure that the time allocated for deliberating over financial issues is spent in a productive and meaningful manner.  Most of the previous committee members are from business man and industrialist. A study conducted by TIB shows, in 9th parliament 20 committees member had personal interest (shipping, transport and communication, garments, jut and business). and 10 committee men had And committee member’s education background is not considered by the parties.  Committee members and activities are influenced and controlled by Parliamentary Party under the article 70 (b). 5.11. Lesson Learnt and Recommendation 1. The committees must be empowered to enforce the presence of witnesses, submission of testimonies and documents by enacting law in accordance with Article 76 (3) of the Constitution. 2. The following changes must be brought about by amending the Parliamentary Rules of Procedure: