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JPC for Rafale? Panel probes in past have done little to fix accountability

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Congress wants JPC probe in fighter jet deal, but the record is dismal, with committee recommendations usually kept hanging or rejected. 

New Delhi: The Congress has demanded the setting up of a Joint Parliamentary Committee (JPC) to probe the Rafale deal even as the BJP-led NDA government is vehemently opposed to the idea.

But history shows that the performance of most investigative JPCs set up over the last three decades has been dismal, with recommendations from many of them either kept hanging or being rejected.

ThePrint explains the workings of this parliamentary panel.

How is a JPC constituted?

Set up for a fixed duration and with a specific objective, a JPC is constituted through a motion adopted by either of the houses — the Lok Sabha and the Rajya Sabha — and agreed to by the other.

It can also be set up through a communication between the presiding officers of the two houses.

While the members are either elected by the houses or nominated by the presiding officers, their strength may differ from committee to committee.

If a JPC is unable to present its report before the expiry of its term or the dissolution of the Lok Sabha, the draft or preliminary report of the committee, if any, is passed on to a fresh committee that has to be constituted again.


Also read: Set up a JPC to look into Rafale deal, says AAP petitioner Sanjay Singh


What does the JPC do? 

A JPC is authorised to collect evidence on a matter it is investigating. Once a committee comes up with its findings, the government will decide if the document has to be withheld on the grounds that it is prejudicial to the safety or interest of the state. The government is not bound to accept the findings of a JPC.

A JPC is disbanded once it submits its report to Parliament.

The final word in case of a dispute over calling for evidence rests with the Speaker. Usually, ministers are not called to give evidence.

The Bofors contract in 1987, irregularities in securities and banking transactions in 1992, the 2G spectrum scam in 2011 and the VVIP chopper scam in 2013 are some of the crucial matters that have been investigated by a JPC.

What have JPCs done so far?

The first JPC was constituted to investigate the Bofors scam on a motion moved by the then defence minister K.C. Pant in the Lok Sabha on 6 August 1987.

The committee, headed by B. Shankaranand, submitted its report on 26 April 1988.

Opposition parties, however, boycotted the JPC saying that it had a majority of Congress members. Its report was rejected on the grounds that it was biased.

The second investigative JPC was set up to probe irregularities in the securities and banking transactions after the Harshad Mehta scandal emerged. The recommendations of the JPC, headed by the then Union minister Ram Niwas Mirdha, were not fully accepted nor implemented.

The next investigative JPC was constituted to probe the stock market scam of 2001 under the chairmanship of a senior BJP member, Lt Gen Prakash Mani Tripathi (Retd). The committee handed in its report on 19 December 2002. It recommended several changes in stock market regulations, which were diluted later.


Also read: SC didn’t go into technical aspects of Rafale, only JPC can probe irregularities: Congress


The later JPCs

The fourth JPC, set up in August 2003, was to look into alleged pesticide residues in beverages such as soft drinks, fruit juice set safety standards. Headed by NCP chief Sharad Pawar, the committee submitted its report to Parliament on 4 February 2004.

The report confirmed that soft drinks did have pesticide residues and recommended stringent norms for drinking water. While the recommendation about National Standards Body of India was agreed by Parliament and the government, a report stated that the government had been delaying the soft drink standards.

Another investigative JPC was constituted in 2011 to investigate the 2G scam. It was headed by the Congress’ P.C. Chacko. Several opposition members, however, expressed their “no confidence” after the draft report gave a clean chit to the then PM Manmohan Singh and the Finance Minister P. Chidambaram.

An amended report was finally submitted in October 2013, which concluded that Manmohan Singh was misled by then Communications Minister A. Raja on the procedure to be followed by the telecom department in issuing the spectrum licence.

A JPC formed in 2013 to investigate the VVIP AgustaWestland chopper scam and the role of alleged middlemen in the transaction did not move ahead after it was rejected by the opposition, which demanded a Supreme Court-monitored CBI probe. Then opposition leader Arun Jaitley had said that the JPC would be a futile exercise. The JPC never took off after the dissolution of the Lok Sabha.

It is unlikely that a JPC in the Rafale deal would yield a concrete result, given that its term would expire before the dissolution of this Lok Sabha and the fact that the government is not bound to accept its recommendations.

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5 COMMENTS

  1. A baseless accusation, that too by a corrupt congress famous for senseless white lies need not be taken. All they want is the technical details to be passed on to the Chinese and Pakisthan with whom they are in partnership to denounce and belittle India just to grab power. They are number one anti nationals right from Nehru. As for the qty. where is the money to buy more. At this juncture even a small no. delivered fast is better than going in phases for larger nos. Need of the hour is some amount of detterance is better than nothing.

  2. JPC is only a ploy of opposition and also counterproductive.The deal which was presented by NDA crushing the upa govts deal was only for non-equipped Rafael jets which when become fully equipped and on an emergency basis would cost more.So why this ruckus?

  3. At least details about pricing and reason for change in requisite numbers will come out. The decrease in number of Rafale aircrafts required, and increase in price of each, are MUTUALLY CONTRADICTORY. If threat perception had eased and therefore lesser numbers were required, then what was the need for more elaborately loaded, and hence more expensive aircrafts?

    If someone tries to say that lesser number of aircrafts were sufficient because they were better loaded, then he is fooling himself and also insulting others’ commonsense. We have possible areas of conflict right across the breadth of India. Just see on the map where Kashmir and Rajasthan and Punjab are on the one hand, and where Arunachal Pradesh, Mizoram etc are on the other.

    The truth must come out. JPC will have the power to probe deeply. Modi government has been given the benefit of the doubt for too long, as if any people can be thoroughly materialistic and thoroughly saintly at the same time!

  4. With only two and half months left for announcement of general elections by the EC, the formation of JPC will serve no purpose. BJP will not mind wash out of the entire session by the ruckus created by Congress. Congress will get a bad image for creating unnecessary ruckus. Furthermore, the quality of debates in the parliament has shrunk to such a low level that no one is bothered about what is said. The draft report of CAG has been submitted. The Final Report will come out soon. If there are not many adverse comments in the report regarding the Rafale deal, the matter gets closed. I believer even the SC is waiting for the CAG report. Thereafter there is no reason whatsoever to form any JPC.

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