TGPSC GROUP-I MAINS ANSWER WRITING SERIES

Mon Jun 30, 2025

Q. What are Private Member Bills? Examine their significance in Indian parliamentary democracy and analyse the challenges that hinder their passage.

Approach:
Introduction:
-
Define Private Member’s Bills (PMBs) as legislative proposals introduced by MPs who are not Ministers. Mention their democratic potential by citing the Transgender Persons Bill (2014) that laid groundwork for the Transgender Protection Act, 2019.

Body – Two-Part Thematic Structure
Part A: Significance of Private Member’s Bills
-Promote Independent and Innovative Thinking – Raise novel, non-partisan issues (Right to Disconnect Bill).
-
Strengthen Social Justice – Amplify concerns of marginalised groups (Transgender Reservation Bill).
-
Dilute Executive Monopoly – Democratise lawmaking beyond Cabinet control.
-
Progressive Policy Initiatives – Spark debate on neglected themes (Menstruation Benefits Bill).
-
Historic Legislative Value – Eg: Muslim Wakfs Bill (1952) led to Waqf Act, 1954.
-
Empower MPs and Foster Pluralism – Allow cross-party participation in lawmaking.

Part B: Challenges Hindering Their Passage
-
Insufficient Time & Seriousness – Limited Friday slots; frequent disruptions.
-
Poor Success Rate – Only 14 PMBs passed since Independence.
-
Party Discipline – Anti-defection laws suppress legislative autonomy.
-
Executive Dominance – Ruling parties marginalise non-official initiatives.
-
Lack of Institutional Support – Weak drafting, no dedicated scrutiny committees.

Conclusion:
-
Vice President Jagdeep Dhankhar recently called PMBs “a gold mine” of democratic vision. With procedural strengthening and genuine legislative commitment, they can reinvigorate participatory lawmaking and pluralistic discourse in India’s Parliament.

Introduction:
A Private Member’s Bill is a legislative proposal introduced in either House by a non-minister MP, intended to propose new laws or amend existing ones. Unlike Government Bills introduced by ministers, PMBs allow MPs to bring independent legislative ideas into Parliament, as seen in the Transgender Persons Bill (2014)—a Private Member’s Bill that eventually shaped the government’s Transgender Protection Act, 2019.

Body:
What are Private Member’s Bills (PMBs)?
Definition:
-
Private Member’s Bills are legislative proposals introduced by Members of Parliament (MPs) who are not Ministers. They allow MPs to raise issues, suggest new laws, or propose amendments to existing laws independent of the executive’s agenda.

Key Features:
-Introduced by non-Minister MPs (both ruling or opposition).
-
Provide space for independent, reformist, and constituency-driven lawmaking.

-Discussed only on Fridays
in Parliament (as per current rules).
-
Subject to same legislative process (first reading, second reading, etc.) as government bills.
-
Cannot include matters involving expenditure or taxation without government recommendation.
-
Governed by Rule 66 (Lok Sabha) and Rule 62 (Rajya Sabha).

Procedure for Private Member’s Bills:
-Drafting and Notice:
-MPs draft and submit bills with at least one month's notice.

-Introduction:
-
Bills are introduced in Parliament, followed by initial discussions.
-Debate:
-
If selected, bills are debated, typically in limited Friday afternoon sessions.

-Decision:
-Bills may be withdrawn or proceed to a vote.

Significance of Private Member Bills:
1. Promote Independent Thought and Innovation
a. PMBs allow MPs to raise policy issues beyond party or government control.
-Example: Right to Disconnect Bill (2019) opened dialogue on digital labour rights and work-life balance.

2. Social Inclusion and Justice
a. They help bring attention to the concerns of marginalized communities and overlooked social groups, advancing equity and representation in lawmaking.
-Example: Shashi Tharoor introduced a Private Member’s Bill proposing 1% reservation in education and employment for transgender persons, highlighting the need for affirmative action for gender-diverse populations.

3. Checks Executive Dominance:
a. PMBs dilute centralised control over the legislative agenda by the Cabinet.

4. Progressive Policy Discourse
a. They often spotlight emerging societal concerns that lack immediate government attention.
-Example: The Menstruation Benefits Bill (2017), introduced by Ninong Ering, sought two days of paid menstrual leave for working women, initiating debate on workplace gender sensitivity and menstrual health.

5. Improving Governance mechanisms
-
The Muslim Wakfs Bill, 1952 was the first Private Member’s Bill passed by Parliament, aimed at strengthening the governance and administration of Wakf properties.
-
It resulted in the enactment of the Waqf Act, 1954, which was subsequently amended as the Waqf (Amendment) Act, 2025 to enhance regulatory oversight.

6. Spark National and Constitutional Debates
-
PMBs catalyse public discussions on core democrat
ic themes.

7. Empower MPs Across Party Lines
-
They democratize lawmaking by giving non-ministerial MPs a legislative voice. PMBs represent a pluralist and participatory legislative mechanism in a predominantly executive-driven Parliament.

Challenges:
1. Inadequate Parliamentary Time and Attention
a. PMBs are scheduled on Fridays, often disrupted or cut short due to low MP attendance or overriding government business.
b. As per PRS Legislative Research, only 9.08 hours in the Lok Sabha and 27.01 hours in the Rajya Sabha were devoted to PMBs during the 17th Lok Sabha.
c. Many MPs treat these sessions as symbolic, leading to skipped discussions and limited seriousness.

2. Decline in Legislative Conversion
a. Since Independence, only 14 PMBs have been enacted; none have passed both Houses since 1970.
b. In the 18th Lok Sabha (till May 2025), none of the 64 PMBs introduced in Lok Sabha were discussed, and just one out of 49 in Rajya Sabha saw debate.

3. Rigid Party Control and Anti-Defection Pressures
a. The 52nd Constitutional Amendment (1985) enforces party discipline, discouraging MPs from deviating from party lines.
b. This reduces individual legislative initiative, even when issues are non-political or reform-driven.

4. Executive Monopolisation of Legislative Agenda
a. Ruling party MPs are reluctant to propose PMBs that might appear to diverge from the official policy narrative.
b. This centralisation marginalises the space for alternative or dissenting voices in Parliament.

5. Inadequate Procedural and Institutional Support
a. Lack of research assistance, legislative drafting support, and structured committee mechanisms restrict PMB quality and follow-up.
b. Absence of a dedicated review body leads to poor prioritisation and legislative inefficiency.

Conclusion:
Recently the Vice President of India has underscored the importance of Private Members’ Bills (PMB) in strengthening democratic processes. He referred to PMBs as "far-sighted, forward-looking, and a gold mine" for India’s legislative development. His remarks highlight the immense value and untapped potential of this mechanism when approached with genuine intent and commitment.