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JPC or PAC - the debate continues

india Updated: Dec 27, 2010 11:58 IST

The argument between the government and the Opposition on whether a joint parliamentary committee (JPC) or the Public Accounts Committee (PAC) is better equipped to probe the suspected irregularities in the 2G spectrum allocation rages on.

While the Opposition is of the view that the PAC has a limited jurisdiction which won't be enough to dig deep into the second-generation telephony spectrum scam, the government, on the other hand, says a multi-pronged probe by the CBI, Enforcement Directorate, Income Tax and the PAC is enough to investigate the charges.

As the debate continues, we attempt a comparative analysis of the two:

The PAC is constituted every year to scrutinise how the money sanctioned by Parliament has been spent by the government. It takes references only from the government auditor report, which limits its role.

The composition and functioning of a JPC, a structured but ad hoc committee, are governed by Parliament. It is set up for probing a specific issue and its duration is limited. Such a committee is set up by a motion passed in Parliament. Its terms of reference depend on the motion and this is not limited to the scrutiny of government finances.

Both the JPC and the PAC can only look at documents and examine ministry officials who testify before them. They can arrive at independent conclusions based on their probe.

The PAC expresses no opinion on points of general government policy, but it is within its jurisdiction to point out whether there has been a financial loss to the exchequer in carrying out that policy.

The mandate of a JPC depends on the motion constituting it. Its recommendations have persuasive value but it cannot force the government to take any action. Many past JPC reports have been ignored by the government of the day. The government can decide to conduct its own investigations on the basis of a JPC report. But it has to report to Parliament on the follow-up action on the JPC recommendations.

A JPC report can recommend the prosecution or the change in government policies, for example, cancellation of 2G licence, but the government can disagree with the JPC and refuse to take such action.

Again, if the PAC wants to question a minister on any issue, the committee has to get an approval from the speaker before doing so.

The last time a minister has appeared before the PAC was in 1966 when then agriculture minister C Subramaniam was asked to do so.

Prime Minister Manmohan Singh has volunteered to depose before the PAC if required on the telecom spectrum allocation scandal.

For the JPC to ask for any minister to testify depends on its terms of reference, which usually allow it to question any government functionary, including the Prime Minister.