A remotely revived but forgets bill mechanisms

Private member’s bill (PMB) is a system through which members of Parliament (MP), who are not ministers, can propose their own laws. In the parliamentary system of India, most of the laws are introduced by the government, draft by ministries and presented by ministers. In contrast, PMB comes from both individual MPs, ruling party or opposition. In each session, Fridays are usually reserved for discussion on PMB. The PMB is probably the last remaining intervention in which MPs are not strictly directed by the party mandate.

However, this significant intervention has been consistently erased. Repeated disruptions, pre-Khali stay, and increasing priority of government business have reduced PMB until a symbolic gesture rather than a serious legislative practice. Ignoring PMB is a procedural lapse and also indicates a democratic backslide.

PMB Trends, 17th and 18th Lok Sabha

Since independence, only 14 PMBs have been passed and the presidency of presidential has not been cleaned since 1970. In the 17th Lok Sabha (2019-24), 729 PMB was introduced in Lok Sabha and 705 in Rajya Sabha. However, only two in Lok Sabha and 14 in Rajya Sabha were ever discussed.

In the 18th Lok Sabha, only 20 MPs have introduced PMB so far. During the inauguration and budget sessions of 2024, 64 PMB was introduced in the Lok Sabha, but not a single discussion was held.

In the winter session, the Lok Sabha was lost in disruptions on two Fridays, while another was taken by a general discussion on the Constitution. Even in the budget session, the first Friday, usually reserved for private members, was used to discuss the Union Budget. Only one Friday in the Lok Sabha saw activity related to any private member business, and even it was limited to a resolution. In the Rajya Sabha, out of the 82 PMBs listed during the budget session, only 49 were introduced on the same Friday, and the discussion began only on one, only low cuts were made because the house was postponed.

The PMB has long provided MPs a platform to introduce pieces of law that reflect individual culprits, constituency demands, or emerging social needs regardless of party affiliation.

A notable example is the right to disconnect the bill introduced by Supriya Sule of the Nationalist Congress Party in the Lok Sabha on October 28, 2019. The bill gave employees the legal right to separate the work related to the work related to the official work hours, which addresses the increasing intrusion of work in personal life in the digital age. Although it did not move beyond the initial stage, the bill gave rise to an important national interaction on mental health, work-life balance and labor rights in a hyper-connected economy. This example gives how PMB may be forward-loving and vehicles for unconventional ideas.

In contrast, some PMB has had more tangible legislative effects. In 2014, Tiruchi Shiva of Dravidian Munnetra Kazgam (Rajya Sabha) introduced ‘Right to Rights of Transgender Persons’. On April 24, 2015, Bill made history by becoming a bill of the first private member in the four decades to be passed by the Rajya Sabha. Although it did not clarify the Lok Sabha, it prepared the basis for the Transgender Persons (Rights of Rights) Act, 2019, which was introduced and passed by the government. This bill is a powerful reminder of how private initiative can shape the legislative agenda and force government action on socially sensitive issues.

The PMB also provides space to express independent views for MPs from the ruling party. Bharatiya Janata Party MP Gopal Chinya Shetty’s bill is an example to call for free medical and health care facilities to senior citizens in all government and private hospitals. Their intervention indicates that even Treasury Bench MPs are often bound by government priorities, can use PMB to introduce a law based on personal insights or a reaction of the constituency.

Shrinking location for independent action

Institutional changes contributing to low space for personal legislative initiative cannot be ignored. The 52nd Constitutional Amendment, which introduced the anti-defending law through the tenth schedule, aimed at ensuring political stability. However, it also has an unexpected impact of limiting the capacity of MPs, especially Treasury Benchs, to deviate from the legislative agenda of its party independently. In such a structured environment, PMB is one of the few ways through which MPs in party lines may suggest creative policy options.

While voters in India can cast their ballots for candidates contesting elections on party symbols, their choice is often affected by the person’s integrity, expertise and track records within the constituency. MPs are chosen not only to repeat the party’s position, but to act as a voice for the aspirations and concerns of their components.

For the protection of the PMB process, a series of procedural and structural reforms must be considered.

Improvement to improve

The first PMBS requires treating the sacred time. Except for the cases of national emergency, this time is overrides and clearly amending the rules of this time and the rules of business conduct. The hours dedicated to the PMB should not only be preserved, but also with continuity, allowing the PMB’s meaningful debate and potential adoption.

Parliament can consider setting up a review committee, especially for PMB, is responsible for screening bills for quality, relevance and constitutionalism. It may also recommend a priority list for discussion based on public importance and cross-party support. A fast-track mechanism can also be offered to reach the floor in a time-bound manner for a high-effect or roughly supported bills.

In such examples, where the government feels for time for time to transact its own legislative business, it should consider expanding the overall work hours of Parliament instead of encroaching on Friday reserved for PMB. Working hours in both homes usually run from 11 am to 4:30 pm, including lunch brake. A slight expansion, even up to one or two hours, will significantly improve the productivity of zero hours and question hours, while ensuring that PMB remains undivided. With the possibility of delimitation and a possible increase in the number of MPs in both homes, the urgency of improvement is much higher than ever.

A compelling reform that can be adapted to international practice is a ten-minute rule of the UK Parliament-any MP can make a small speech of up to 10 minutes in support of a PMB with his introduction, after which another MP can oppose it for the same length. This allows bills to be introduced, heard and recorded without a long slot. Adopting a similar provision in Indian context, either as an alternative to existing PMB processes or in addition, can create a channel for a greater number of legislative ideas to enter the public domain.

India’s Vice President/Rajya Sabha President, Jagdeep Dhikra has emphasized the role of a private member’s business in deepening democracy. He described the PMB as “distant, far-fetched, forward-fasting and a gold mine” for the legislative scenario of India. These are words that reflect both the value and ability of this mechanism when nurtured with honesty.

Mehul Chhabra is a legislative assistant for the members of Parliament (LAMP) partner 2024-25. Atharva Deshmukh is a legislative assistant for members of Parliament (LAMP). Fellow 2024-25