US Congressional Hearings

What is the issue?

• In the wake of Cambridge Analytica issue, Facebook CEO Mark Zuckerberg’s congressional testimony gains significance. Click here to know more on the scandal.
• It is essential in this context to understand what US congressional hearings are all about.

What is a US congressional hearing?

• A congressional hearing involves members of the two houses, the Senate and the House of Representatives.
• They collect and analyse information on various matters of interest to the polity and the country.
• The legislative hearings are to do with policy measures.
• The oversight hearings, on the other hand, monitor government programmes.
• Besides, Congress holds investigative hearings into suspected wrongdoings by public officials and by private citizens.
• More recently, the senate intelligence committee held hearings on alleged Russian meddling in the 2016 presidential elections.
• The congressional hearings are conducted by committees.

What are these Committees all about?

• Committee - A committee is usually a panel of chamber members.
• It is tasked with developing legislation, holding hearings and conducting oversight.
• Each committee has its own jurisdiction.
• Depending on the type of committee, they are either elected by the chamber, or appointed by the Speaker.
• The system is similar to the Indian parliamentary committees but far more powerful.
• Structure - There are 20 active Standing Committees in the House of Representatives and 16 in the Senate.
• There are also six joint committees.
• In addition, the House has a Permanent Select Committee on Intelligence.
• The Senate has four Special committees, including one on intelligence.
• Committees, on occasions, have joint hearings, like they did for Zuckerberg’s testimony.
• Composition - A committee could typically have between a dozen and 40 members.
• Every committee has an all-powerful chair drawn from the majority party in the chamber.
• The chair decides which proposals the committee will consider first, and which can be pushed back. This is usually a political decision.
• The minority party appoints a shadow chair.

How are the hearings conducted?

• Subjects - A committee receives many proposals for hearings from several quarters, including from two chambers' members.
• But it is decided by assessing its importance to the nation, to specific political and other lobbies, and to the political leadership.
•  It also decides if the issue fits in with its own goals and the political message that it wants to send out.
• Nature - Almost always the hearings are open to the public.
• Open hearings, covered extensively by the media, are seen as a way to rally public support for or against an issue.
• But committees have the power to “close” a hearing for reasons

1. of national security
2. of protecting the privacy and reputation of an individual
3. of securing law-enforcement operations
4. if the witness is to reveal information that is protected by law

• After hearing - The reports are generally published and become a matter of public record.

What rights do witnesses enjoy?

• The witnesses enjoy certain rights by way of protections granted to them by the Constitution.

• Witnesses may refuse a committee's order to attend the court by citing the right to free speech, assembly, or petition.
• They enjoy protection against self-incrimination.
• Several committees provide witnesses the right to have their counsel present during testimony.

How is the Indian parliamentary committee system?

• Nature - The Indian system is modelled on the British parliamentary committee system.
• However, unlike the US and British systems, India does not have a system of public hearings.
• Also, in India, all proceedings are closed to the media.
• Committees - There are two kinds of committees in India.
• The Standing committees include financial committees, department committees, business advisory committees, etc.
• The ad hoc committees are appointed for a specific purpose when needed.
• One type of ad hoc committee is the joint parliamentary committee.
• The most high-profile of the JPCs have been investigative in nature.
• E.g. the JPC on Bofors, Harshad Mehta Stock Exchange scam, and the 2G spectrum case.
• The JPCs have summoned and questioned experts, government officials and others.
• Refusing summon from a JPC constitutes contempt.

Source: Indian Express