Anichur Rahman
Exordium Phase
Parliamentary committee has a luminous role of accomplishing several parliamentary and governmental affairs duly. There is a vociferous vocal about the hurly-burly done by parliamentary committee of Bangladesh in pro tem. Present government leaded by Sheikh Hasina formed parliamentary standing committee in aurora phase in order to materialize different works sleek. At the very dawn session of the 9th Parliament, a special Parliamentary Committee and various sub-committee were formed to investigate the corruption accomplished by ex-speaker, ex-deputy speaker and ex-chief whip. Parliamentary Committee summoned them at the dusk phase of the investigation but mentioned person avoided the call by Parliamentary Committee. Hence our Parliamentary Committee has taken a decision to make report to the Speaker against them about the nude etiquette and showing disrespect to the parliamentary privileges. Hence question raise is there any power of Parliament related to this fact? And what are parliamentary privileges of parliamentary committee and Member of Parliament? Is parliamentary committee any immunity for the sake of accomplishing their business? In order to make these vague things delectable at the pristine phase it has to be gained notion aptly about parliamentary standing committee. Sir Erskine stipulated about parliamentary committee the long prevalent practice of the British Parliament “of delegating to small bodies of members regarded as representing the house it self. He adduced.”
“Each house accordingly now possesses an organized system of committees and committees on private bills, in the House of Lords, public Bill committees, and in the House of Commons, standing committees on public bills and other matters. This committee system helps in conserving the time of the legislature to exert control over the government.”
In Bangladesh Constitution there is a precise direction about parliamentary committee. Art 76(1) of the Constitution provides that parliament shall appoint from among its members following standing committees: (a) public accounts committee. (b) a committee of privileges (c) such other standing committees as the rules of procedure if parliament require.
Art. 76(2) of the Constitution further construes that in addition to the committees referred to in clause (1) parliament shall appoint other standing committees, and a committee so appoint may, subject to this constitution and to any other law (a) examine draft bills and other legislative proposals (b) review the enforcement of laws and purpose measures for such enforcement (c) 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 (d) perform any other function assigned to it by parliament. Besides these parliamentary committee can be directed by the parliament and exercise their power by the will of parliament to produce witnesses and compelling witnesses about the production of documents. Through scrutinizing the mode of standing parliamentary committee it is comprehensive to us that it can execute many power vested to it by the parliament.
Parliamentary Privileges
Now it is the time of discussing the notion of parliamentary privileges and immunities, this very assumption is derived from Britain. British parliament can perform its function liberally in front the regal threat. Therefore it is emerged to make all parliamentary function free and cock-sure. Sage Erskine gives more accessible definition about this. He Illustrated (c) in his book. Parliamentary privileges is the accumulation of some individual rights, which enjoy every member and both house individually. Except these right parliament and its member barren to produce their work. Through special privileges is a portion of state law they get exemption little extent from general law individual rights are divided into two part (i) one is applicable for member and (ii) the other is for whole parliament. Parliament member rights are adjacent to immunities in the aspect of their work so that they can function more congenially. Rules 172-176 of the National Parliament Procedure are dealt with these. The power and rights admissible for whole parliament are codified in 204-205 of the National Parliament Procedure.
It is pressing to make control tactfully among privileges, powers and immunities for the sake of getting more precise conduct of this fact. K Sarker, Justice of Indian Supreme Court narrated privileges can be defined as the ultimate control over parliament in the ambience of functioning internal parliamentary affairs. The right which is annex to give punishment those persons who are responsible for contempt parliament is yclept as power. Immunity is such right when there is no responsibility of expounding something in the parliament.
Again parliamentary privileges can be divided into two parts (1) one right is related to composition and (ii) the other is held function liberally. First right indicates those persons who are potent or impotent being member of parliament. Actually it refers to the power of qualification of being member. But special article are enacted regarding this matter in Art. 66 of the Bangladesh Constitution and section 12 of RPO (Amended) 2009.
On the other hand, the power of controlling own function and procedure are under the privileges of parliament. It connotes that parliament is authorized to exercise of taking action against any persons who are accused of barring this privileges, parliament can take disciplinary measures against them who are entangled in committing unexpected and criminal function in the parliament. Art. 78 of Bangladesh Constitution postulates about privileges and immunities of parliament and members. According to the Constitution, it is must to enact precisely but it is doleful that since now no pragmatic step has taken it duly, if is law remain unspecified or uncodified how is possible for the parliament to take step aptly. The ambience of Indian constitution regarding this is same.
The Action of Parliamentary Committee
In spite of that Indian parliament took some punitive measures against its member who are accused of several rhyme and reasons. From 1951 to present time 17 member along with Indhira Gandhi was waived by Indian parliament mentioned that the expulsion of Mrs. Gandhi and other two was taken away. Ten to one Babuvi Katara (BJP) was the last member relinquished by the Indian Parliament. In this aspect they follow the British Parliament. By virtue of 44 Amendment in 1978 Indian Parliament did so. In this ambience our position is not the same. Many proficient give vocal that it is intrinsic right of member to conduct the procedure liberally for the greater pubic interest. Parliamentary privileges and immunities are the pressing incidental, and safeguard power of members propounded by Tomas Kuli. Mahmudul Islam, ex-attorney general of Bangladesh has given priority of parliamentary privileges and immunities. These are treated by Canadian Adalat as a doctrine of necessity. The decision of rejecting eleven member by Indian Parliament was challenged by Rampal in supreme court.
Honorable Supreme Court scrutinized two things about this aspect. i. Is parliament authorized to negating it; ii. can court review the decision of parliament Chief Justice Sarwal exposes in Rampal Vs Speaker and others [2007] on the basis of (4-1 majority SC) that parliamentary authority is top-notch authority beset with parliamentary fact such as parliamentary power, privileges, its enforceability and necessity. The decision of the court is barren here. Ditto Judgment doesn’t support the absolutism and doubtless immunity of parliamentary committee. There are some aspects where court can produce its attempt to review the fact. Particularly of rudimentary right, Incompatibility with natural justice, irrationality, perversity of the Constitution is exemplary where court is authorized to accomplish its decision. Court can not impose its decision on the parliamentary committee if there exist some evidence of the decision of parliament. Even parliament isn’t accountable for giving felonious punishment in the ambience of proportional crime. According to the expert, this very judgment has taken an attempt to produce balance between the parliamentary power and jurisdiction of the court.
In this step famous exponent of the Constitution W.W. Willovy postulates that any congress member may be expelled from congress and hence there is no mandatory rule for congress to prove and demarcate the crime as congress does not act as a criminal court. Adopting rules of evidence strictly is inadmissible here. By scrutinizing ditto fact, it is obvious to us that parliament can adopt any step against any member, ex-speaker, ex-deputy speaker, and ex-chief whip, though they are big shot of Bangladesh. It should be grasped in mind that parliament members are occupied very honorable post. Therefore they have to create instance by dint of their virtue and ethics. That is why immunities and privileges should be ensured for them in naive faith and for the public interest. Obviously it is not admissible where parliament member adopt capricious and covetous mind. Even is the maniac conduct of Saka Chowdury contempt the parliament. It has to be put in autopsy. Other wise parliamentary function will be called in question and the good motion towards parliament of mob will be affected perilously. But adopting the measure of media trial against any member will be grilling and its consequence will very grimy and grievous.
Lately law and parliamentary affairs standing committee has found the relativity of it. T. H. Imam (Adviser of P.M) in the aspect of exempting from duty of two senior Judges in 30 July 2009. This committee is authorized to take preventive measurers against mentioned person if the fact is aptly focused and remarked. Palpably it connotes that parliamentary standing committee is potent to produce action against any haughty and pithiness work of any top-brass of Bangladesh.
Criticism
It can be articulated precisely that fervent political issue in Bangladesh. The convention of recall system should be introduced in order to erase it. The members of parliament have to be coerced to halt from contempt to parliament. Recently it has observed that several members of ruling and non-ruling parties have given vulgar and ruthless comments and have tried to impair the parliamentary functions. As a result the functions of parliament have become grilling. There should be codified rules of ethics so that parliamentary committee can take desired steps against any member accused of violating and hampering parliamentary factions.
Besides these that very rules will be ensured the independence of M. Ps. The procedure of parliament must be activated aptly and disclosed for the public so that the solemn will of people can be attributed. Demarcating the jurisdiction of the Supreme Court can be another means to cock sure the function of parliamentary committee. Parliament can pass and amend strong law about the activities of Anti-corruption Commission for the sake of sustaining its functions duly. It will be the omen of erudite to navigate the function of it. Erenow Anti-corruption Commission has faced much praise and controversy through its function.
Conclusive Remarks
Legislature body is the core and top-flight of spurring any activities of Bangladesh. There morality and ethics must be promoted to sleek their business in front the mass of Bangladesh. It is obvious that they will get full independence in executing their functions. This desirability from MPs has been realized intoto. As parliamentary democracy hasn’t still take-off/aurora phase, hence it is proper time for parliament and its committee to alter this fazed ambience of Bangladesh and devote them to the max to make the function responsive as well as spontaneous. Through this effort present parliament and its committee can be yclept as icon among the whole world.
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