Parliament and State Legislatures

Issues in Functioning of the Parliament

Ineffectiveness of Parliamentary Control

                The primary feature of parliamentary form of government is the control parliament exercises on the executive. However, in the practical sense, parliament has been ineffective in imparting control over executive’s actions.

• Executive Leadership: Executive members hold majority in the parliament. Greater this majority, lesser is the scope for effective criticism.
• Lack of Technical Expertise: Members of parliament are not technically adept to evaluate, form opinions and vote on financial matters such as demand for grants
• Less number of sittings: Parliament has 3 sessions in a year and the number of sittings and MPs attending these sittings have been less which affects the functioning of parliament as a deliberative body. The executive holds the prerogative for proroguing the Parliament by recommending the same to the President.
• Dissolution of Lok Sabha: The Prime Minister can recommend to the President to dissolve the lower house and call for fresh elections
• Growth of Delegated Legislation: Armed executive with parliament’s law making powers
• Ordinance Promulgation: Frequent ordinance promulgation has diluted parliament’s law making powers with executive taking this route many a times to circumvent normal legislative process and authority of parliament
• Lack of Strong Opposition to question, put pressure and evaluate effectiveness of government policies and decisions
• Anti-Defection Laws: Members of parliament are forced to align with their party’s views on all issues raised in the parliament due to the anti-defection law which shall disqualify them in cases otherwise. This scuttles the scope for meaningful debate, deliberation and criticism of government in the parliament as legislators have no freedom to exercise individual judgement
• Growing Absentees in Parliament
• Ordinary Bills as Money Bills
• Partisan Role of Speaker in allocating time, decision on money bill and facilitating discussions

Conduct of Business of the Parliament

The functioning of Parliament – Passing of Bills

Stages

1. First Reading: No discussion, published in gazette
2. Second Reading: Parliamentary scrutiny where the house may refer it to a committee or circulate it to general public. Committee conducts detailed examination of the bill plugging loopholes and modifying the bill without altering underlying principles. The House then votes upon the bill clause by clause
3. Third Reading: Acceptance or Rejection of bill as a whole; no amendments allowed
4. Pass, pass with amendments, Reject or take no action

Provision for Joint Sitting

    The constitution provides for the provision of joint sitting of both houses in case of a deadlock between them caused by the following instances:

1. First house passed the bill, second house rejects it
2. First house passed the bill, second house passes back with amendments that are rejected by the first house
3. First house passes the bill; second house takes no action for 6 months

Why Joint Sitting?

• Resolution of Deadlock: It provides an innovative mechanism to resolve differences between different chambers by bringing them together on a common platform. It allows amendments only on clauses where conflict has arisen or in cases where scenarios have changed that necessitate the same

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Analysis

• Favouring Lok Sabha: Owing to its numerical superiority, generally the will of Lok Sabha is manifested in the Joint sitting. Hence more preference is provided to realise people’s mandate. The speaker of Lok Sabha herself presides over Lok Sabha

Cases where Joint sitting not allowed

Money Bills: Constitution does not provide for joint sitting in the case of money bills as it needs to be passed by Lok Sabha only. Rajya Sabha can delay it for a maximum period of 14 days and its recommendations are not required to be accepted by Lok Sabha. Hence provision for joint sitting is not available with regard to money bills

Constitutional Amendment Bills: These are need to be passed separately by both houses as they are bills of immense importance and may have implications on federal features. The amendment of the constitution hence needs an extra check that is provided independently by the Council of states.

Low Productivity of Parliament

                Over the years, there has been a significant reduction in the productivity of parliament manifested by the reduced number of bills passed and poor quality of debates and discussions. Data from the past two years reveal a meagre 15% of the time on average spent for legislations.

Why Low Productivity?

• Partisan Politics: The deliberative discussions in parliament have largely centred around political motives and partisan opinions that have hindered true intellectual discourse to take place within its walls
• Poor Quality of Members: The members of the parliament of today in comparison to the parliament of the 1950s are much lower in quality of human resource, knowledge and skill
• Constant Disruptions: TV and media coverage have provided further incentive to grandstand on issues. Between 2012 and 2016, 30% of Lok Sabha time and 35% of Rajya Sabha time was taken away due to disruptions [Association of Democratic Reforms]
• Poor Compliance to Parliament Ethics: Indian parliament has become infamous in the recent past owing to unruly behaviour of its members seen rushing to the well, shouting and causing damage to parliament physical infrastructure
• Ineffective control of presiding officers
• Inequitable Time Devolved to Members: Parliament’s function as a check on the executive has reduced owing to the lack of time for deliberations and discussions given to its members.
  • Budget 2017 was put to vote without any discussion or deliberation
• Poor Attendance: Attendance levels in the parliament have left much to be desired from the members. The absence of members nullifies the possibility of a discussion in the true democratic spirit of the nation
• Anti-Defection Law: The anti-defection has compounded the partisan spirit in the Parliament diffusing diverse opinions and inducing conformity to fractured legislations
• Less Sittings: The executive has misused the power of proroguing parliamentary sessions. Constant adjournments have further compounded the issue
• Frequent Adjournments reducing the time for productive debates and discussion on legislation

Consequences

• Legislative Compromise: Hastily passed bills and budgets compromise on efficacy, financial prudence and propriety of decisions taken
• Accountability Erosion: A poorly productive parliament threatens to erode the control of the legislature on executive. This may lead to executive tyranny and despotism through the dictatorship of the cabinet undermining separation of powers
• Loss of money:
  • Poor Allocation: Improper functioning of parliament compromises the financial prudence in allocation of scarce resources
  • Wastage of Expenses: The winter session 2017 of parliament entailed losses to the tune of 5 crore
• Loss of Faith: Low attendances, constant disruptions and ruckus in the parliament reduces faith and credibility of parliament as an institution in minds of the people
• Judicial Activism: An unproductive parliament may force the judiciary to extent its activity into the law making area to safeguard welfare of citizens. This may undermine separation of powers and lead to individual bias in decisions
• Antithetical to Federalism: The poor functioning of Council of States debilitates federal framework of legislation in the country.

Suggestions

• Better Enforcement of Parliamentary Rules and Ethics: The presiding officers of the house of the parliament shall be empowered to strictly enforce parliament conduct and rules with violating members suspended or heavily punished for their unruly behaviour
• Minimum Mandatory Attendance: A minimum percentage of attendance shall be made mandatory for those holding seats in the parliament
• Equal Time Devolution: The presiding officers shall be impartial in ensuring that all parties have sufficient time to bring their opinion to the forefront and ensure the democratic spirit of the discussion is not broken
• Setting Time aside for Opposition: India can emulate Britain and Canada in setting aside more than 20 days for the opposition to raise their issues. This can also provide opportunities for smaller political parties to play an important role in setting agenda
• Parliamentary Budget Office: India needs a parliamentary budget office to assist in technical matters of handling the budget akin to the U.S Congressional Budget Office. It can conduct an independent and impartial objective analysis of any bill.
• Cooperative Functioning: The government needs to take greater responsibility to ensure smooth functioning of parliament. At the same time, opposition should use parliament responsibly for constructive criticism. All party conferences can help foster parliamentary spirit.
• Workshops for MPs: Members of the parliament shall be trained to overcome the poor quality of discussions and conduct rules enforced
• Dilute power of executive in proroguing parliament: Calendar of sittings can be announced at the outset of a year

Conclusion

The institution of parliament is the temple of Indian democracy that represents the sovereign will of the people. India’s political parties need to leave out partisan politics and put the nation and its people at the forefront to ensure that this 70-year-old temple of democracy retains its purity and sanctity.