Q. What are the factors and consequences of deterioration of parliament’s functioning in India? Suggest measures to improve the Parliamentary Functioning.
Ans:
Parliament is a representative institution responsible for keeping the government accountable as in parliamentry democracy the executive is collectively responsible to the legislature.
However, in recent years there is a debate regarding the declining standards of the Indian Parliament.
The factors for deterioration of parliament’s functioning:
- Reduced sittings:
- the fiscal year 2020-21 saw the Lok Sabha sitting for 34 days (and the Rajya Sabha for 33), the lowest ever.
- The casualty was proper legislative scrutiny of proposed legislation as well as government functioning and finances.
- During the session, 13 Bills were introduced, and not even one of them was referred to a parliamentary committee for examination. Many high impact Bills were introduced and passed within a few days. e.g. Farms Bills, Abrogation of Article 370, The Government of National Capital Territory of Delhi (Amendment) Bill 2021, the Mines and Minerals (Development and Regulation) Amendment Bill, 2021etc.
- Importance bills were passed without scrutiny.
- The percentage of Bills referred to Parliamentary committees declined from 60% and 71% in the 14th Lok Sabha (2004-09) and the 15th Lok Sabha, respectively, to 27% in the 16th Lok Sabha and just 11% in the current one.
- When bills are not sent to committees, then we mostly get to see the political aspect of the debate taking place.
- The Finance Bills, over the last few years, have contained several unconnected items such as restructuring of tribunals, introduction of electoral bonds, and amendments to the foreign contribution act.
- Limited power in financial matter:
- Only a part of the Budget is discussed, while the rest is voted upon using the guillotine. Even important expenditures outside the budget are announced to be accommodated in the supplementary budget.
- Rajya Sabha has almost no power on the money and Finance bill.
- The growth of delegated legislation:
- It is not possible for the Parliament to devote its entire time to the details of legislative measure. Parliament lays down general principles of law and entrusts to Ministers the power to frame regulations necessary for their amplification.
- Hence all the bills contain a clause empowering the government to frame necessary regulations and bye-laws. Thus, delegated legislation robs the Parliament to a great extent, the law-making power, resulting in the deterioration of the Parliament.
- Biased role of Speaker:
- There has been gradual loss of confidence in the impartiality of the presiding officers. It is alleged that they have shown an inclination to side with the government and the ruling party, almost functioning as their representatives, not as guardians of the public interest.
- No strict separation of power:
- Although, the Constitution itself has tried to maintain a fine balance among the Parliament, the Judiciary and the Executive, there is overlap between executive and parliament. What we see in practice is the Executive gaining immense powers by virtue of the majority enjoyed by its party in Parliament.
- No sovereignty of Parliament:
- With the instrument of judicial review, there is a fine balance between sovereignty of Parliament and supremacy of judiciary.
- However, the overriding control of judiciary can be further over-ridden by the Parliament itself acting at the behest of the Cabinet.
- The result is that the Parliament has come to live under the redeemable control of the judiciary on the one hand and of the generally irredeemable control of the Cabinet on the other.
- The ordinance-making power:
- Even in the conduct of the general business of Parliament we see the Executive gaining power at the expense of Parliament. The ordinance-making power is freely used by the Executive, thus reducing the relevance of Parliament. Often Parliament is a mere rubber stamp endorsing Executive action.
- Privileging Party over Member:
- The anti-defection law, which is codified under the Tenth Schedule of the Indian Constitution and which endeavours to prevent the breach of faith of the electorate by an MP is a key manifestation of such privileging.
- The rigidity of party discipline has tied down party members to follow the dictates of party bosses once elected to the Legislature.
- He or she votes according to the directions of the party whip even if larger social and national interests are being sacrificed to short-sighted policies for short-term political gains.
- Disruptions may help ruling party evade responsibility: The maximum number of disruptions have been found to take place in the Question Hour and the Zero Hour. While these disruptions are largely attributable to the behaviour of members of the opposition, they may also be a consequence of executive action.
- The technicality and complexity of government business:
- Legislation on technical issues necessitates prior consultation with experts and individual institutions concerned. Much data has to be collected and studied before a Bill is drafted. All this is beyond the easy reach of private members. As a result, Bills, when introduced, are pushed through rapidly, and the members do not get enough time even to express their points of view.
- Weakened Opposition in India
- Democracy works on the principle of checks and balances. It is these checks and balances that prevent democracy from turning into majoritarianism.
- In Parliamentary system, these checks and balances are provided by the opposition party.
- However, the majority of a single party in the Lok Sabha has diminished the role of an effective opposition in the Parliament.
- Other factors:
- Covid-19 pandemic was the reason given by the government for the cancellation of zero hour, last year.
- Lack of Leader of Opposition and effective opposition.
- Criminalisation of Politics: law breakers are getting elected as law makers.
- The malaise of political defections persists even after the passes of anti-defection law.
- The absence of inner party democracy, The declining status and stature of members in public life, the growing cost of the electoral process, the ascendency of party leaders are some of the factors that have contributed to the decline of Parliament.
Consequences:
- Adversely affecting the constitutional goal of accountable executive.
- Government taking ordinance route.
- Affects the governance of executive as important legislations gets delayed.
- Wastage of public money.
- Ineffectiveness of representative democracy.
- Many allege that in actual practice, the power of Parliament has passed in to the hands of the Cabinet headed by the Prime Minister.
- Disruptions and passing of bills without quality discussion undermine public trust in the system.
In order to fulfil its constitutional mandate, it is imperative that Parliament functions effectively.
Suggest measures:
- Creating a system of research support to Members of Parliament
- Providing sufficient time for MPs to examine issues
- Requiring that all Bills and budgets are examined by committees and public feedback is taken
- According to the National Commission to Review the Working of the Constitution (NCRWC), DRSCs should be periodically reviewed so that the committees which have outlived their utility can be replaced with new ones.
- Given the increasing complexity in matters of economy and technological advancement there is a need for setting up new parliamentary committees.
- Major reports of all Committees should be discussed in Parliament especially in cases where there is disagreement between a Committee and the government.
- The National Commission to Review the Working of the Constitution recommended that the Lok Sabha and Rajya Sabha should meet at least 120 and 100 days a year respectively.
- Have a calendar of sittings announced at the beginning of each year so that members can plan better for the whole year.
- A deep understanding of parliamentary history and traditions and, the constitutional role and responsibilities of the Indian legislature is necessary.
- Law makers must think about institutional reforms needed for strengthening the overall role of parliament.
- Codification of Privileges
- The privileges of legislators should be defined and delimited for the free and independent functioning of Parliament and state legislatures.
- Article 105 may be amended to clarify the extent of immunity enjoyed by members under parliamentary privileges.
- Review of Anti-Defection law
- In order to revive debate and deliberations in the Parliament, the use of whip can be restricted to no-confidence motion only.
- The adjudicating power of speaker vis-à-vis anti-defection law can be transferred to Election Commission of India.
- Curbing Criminalization of Politics
- The Supreme Court in 2017 asked the Central government to have the 12 promised special courts up and running by March 2018 to try criminal politicians in a time-bound manner within the maximum period of a year.
- However, till now only 7 such courts are operational.
- Therefore, the government should make efforts to establish more number of such fast track courts.
- In order to curb the use of money in the elections, India must adopt state funding of election.For that purpose, a national electoral fund can be constituted, which will comprise all political donations.
- The Supreme Court in 2017 asked the Central government to have the 12 promised special courts up and running by March 2018 to try criminal politicians in a time-bound manner within the maximum period of a year.
- Strengthen the Role of the Opposition
- In order to strengthen the role of the opposition, the institution of shadow cabinet can be formed in India.
- ‘Shadow Cabinet’ is a unique institution of the British cabinet system.
- It is formed by the opposition party to balance the ruling cabinet and to prepare its members for future ministerial office.
- In such a system each action of Cabinet Minister must be countersigned by the minister in the shadow cabinet.
- In order to strengthen the role of the opposition, the institution of shadow cabinet can be formed in India.
- Reviving the institution of speaker: British like system ‘Once a speaker, Always a speaker’ can be adopted.
- The normal modalities of Question Hour and Zero Hour must be restored immediately when the Pandemic situation improves.
Thus, parliamentary functioning can be improved by taking multi-pronged approach addressing issues emerging from multiple dimensions.
