SHILLONG: Amid controversy over the role of the Committee on Subordinate Legislation, the function of the Committee as per the rule book is to scrutinize and report to the Assembly “whether the powers to make regulations, rule, sub-rules, bye-laws, etc., conferred by the Constitution or delegated by the Assembly are being properly exercised within such delegation”.
The rule clearly states about the specific duties of the Committee.
The recent meeting of the Committee chaired by legislator Sanbor Shullai, where the functioning of several government departments was questioned, had come under flak from a former member of the Assembly Committee for going beyond the mandate of the committee.
However, Shullai had justified his actions.
According to rules of procedure and conduct of business in Meghalaya Legislative Assembly, each regulation, rule, sub-rule, bye-law, framed in pursuance of the provisions of the Constitution or legislative functions delegated by the Assembly to a subordinate authority and which is required to be laid before the House, shall, subject to such rule as the Speaker may, in consultation with the Leader of the House prescribe, be numbered centrally and published in the Gazette immediately after it is promulgated.
The rule says that after each order is laid before the House, the Committee “shall, in particular, consider whether it is in accord with the general objects of the Constitution or the Act pursuant to which it is made”.
Others aspects to be considered by the Committee include “whether it contains matter which in the opinion of the ‘Committee should more properly be dealt with in an Act of the Assembly; whether it contains imposition of any tax; and whether it directly or indirectly bars the jurisdiction of the courts.
Moreover, the committee will also consider whether it will give retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressively give any such power and whether it involves expenditure from the Consolidated Fund of the State or the public revenue; ” whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made; whether there appears to have been unjustifiable delay in its publication or in laying it before the Assembly; and whether for any reasons its form or purport calls for any elucidation”.
