Topic: Parliament and State Legislatures — structure, functioning, conduct of business, powers & privileges and issues arising out of these
Q1. Critically analyse the significance of the Speaker’s role in the functioning of Indian parliamentary democracy. (10 marks)
Model Structure
Introduction
- “The Speaker represents the House. She represents the dignity of the House, the freedom of the House and because the House represents the nation, in a particular way, the Speaker becomes a symbol of the nation’s freedom and liberty.” (Pt. Nehru) (Quote-based)
- The Speaker of the Lok Sabha holds a position of pivotal importance in a parliamentary democracy like India. (General)
Main Body
Role of the Speaker
- To Ensure smooth proceedings of the house: The Speaker presides over the meetings of the Lok Sabha and conducts its proceedings.
- also presides over the joint sittings of the two Houses of the Parliament..
- Guardian of Rights and Privileges of the House: The Speaker protects the rights and privileges of the House and its members. They ensure that the dignity and the rights of the House are upheld at all times.
- Interpretation of Rules of Procedure: The business of the House is conducted according to definite and settled rules of procedure. In case of any dispute regarding the rules of the House, the Speaker interprets and applies these rules.
- To maintain discipline in the Lok Sabha: If any member disrupts or tries to disrupt the proceedings of the House, the Speaker can warn or ask him/her to leave the House. The Speaker can suspend a member from the House guilty of violating discipline and decorum.
- Representing the House: The Speaker represents the House to the President, the authorities, and the public. They certify bills that are passed by the House before they are sent to the President for assent.
- Fix the Agenda of the House: The Speaker, in consultation with other members of the business committee of the House and the Prime Minister, fixes the agenda of the meetings of the House.
- This ensures timely debates and discussions on important issues of the country.
- Regulating Debates: The Speaker decides who will speak, when, and for how long. They ensure that all points of view are heard and that debates are conducted in a fair and balanced manner.
- Conduct the business of the House: The Speaker conducts the business of the House. (E.g. allows the members to introduce the bills or to move motions, recognises the members on the floor of the House, and gives them time to speak in the House).
- Power to adjourn the House: The Speaker can adjourn the meetings of the House if the quorum of the House is not complete or if conducting the business of the House is not possible due to the disorderly behaviour of its members.
- Casting Vote: In case of a tie on any matter being voted upon in the House, the Speaker exercises a casting vote. This ensures that decisions can be made even when the members are evenly divided.
- Role in Joint Sitting: In case of a joint sitting of the two Houses of Parliament, the Speaker of the Lok Sabha presides over the session.
Criticism faced by the office of the Speaker:
- Allegations of Partisanship: The Speaker often belongs to the ruling party, and there have been instances when impartiality has been compromised.
- Discretionary Powers: Certain discretionary powers of the Speaker, like deciding on defection matters under the Tenth Schedule, have been sources of controversy. The delay in deciding such matters has sometimes been attributed to political considerations, as seen in the Karnataka and Madhya Pradesh assembly crises.
- Lack of Clarity in Rules: There is often a lack of clarity in the rules of procedure, which gives the Speaker substantial leeway, leading to accusations of arbitrariness.
- Anti-defection law: In recent times, there have been several instances where the role of the speaker has been criticised for disqualifying MLAs under the anti-defection law, and their ruling has been challenged in courts.
- Review of the Speaker’s Decisions: Under the Rules, the Speaker is not answerable to any person in performing the assigned roles. Decisions of presiding officers are final and are not open to appeal or subject to review.
- Increased disruptions: Frequent disruptions reduce the time required for important discussions and compel speakers to allocate less time for discussion. This often questions the speaker's impartiality as he allegedly provides more time to the ruling party.
- Transparency and Accountability: Some critics believe that the Speaker's decisions should be subject to judicial review to ensure transparency and accountability. The current immunity from judicial intervention in procedural matters has been seen by some as a lack of checks and balances.
Conclusion
The Speaker is considered as the true guardian of the Indian Parliamentary democracy, holding the complete authority of the Lok Sabha. Thus, the office's impartiality is very important to make parliamentary democracy work in the true sense.
Q2. Parliament has witnessed less productivity and more disruptions in recent times, which strikes at the root of deliberative democracy. Discuss steps to be taken to reduce disruptions. (10 marks)
Model Structure
Introduction
As per data released by PRS legislative research, 16% of working time of the 16th Lok Sabha was lost due to disruptions. The current lok sabha is also witnessing frequent disruptions which not only impacts the legislative business but also weakens parliamentary control over the executive.
Main Body
- In this context, the following measures need to be taken for preventing disruption of parliament-
- Amendments in the Anti-Defection law because party whip makes members act in union which results in frequent walkouts and disruptions.
- Parliament (Enhancement of Productivity) Bill, 2017 must be reintroduced and passed so that minimum days are fixed for parliament to stay in session.
- Code of Conduct- Though there is code of conduct for Lok Sabha MPs since 1952, it is hardly implemented and also needs to be updated with changing times.
- Salaries of the members can be linked to their attendance for better productivity.
- Less recourse to delegated legislation and more deliberative work by pre legislative scrutiny (Parliamentary Standing Committees) and taking public opinion which will help build broad consensus.
- There can be innovative measures like the concept of opposition days in the UK parliament in which the opposition sets agenda for Parliamentary discussion.
- Another innovative measure can be Parliament Disruption Index which was suggested by Rajya Sabha Deputy Chairperson Harivansh Narayan Singh to keep a tab on disruptions in Parliament and state legislatures.
- NCRWC recommended that Lok Sabha should meet for 120 and Rajya Sabha for 100 days every year, and state assemblies for 90 days.
Conclusion
Parliamentarians carry public mandate and it is their duty to deliberate and implement laws which are in favor of the public. But frequent disruptions and subversion of discussions strike at the root of parliamentary democracy. Thus more efforts must be taken to bring consensus and avoid unnecessary parliamentary disruption.
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Q3. Parliamentary privileges are a prerequisite for members of Parliament and Legislative Assemblies to discharge their functions. Discuss. (10 marks)
Model Structure
Introduction
Parliamentary privileges are some codified and uncodified rights and immunities enjoyed by members of houses at both center and state level which enables them to discharge their functions effectively and efficiently.
Main Body
- There are many sources of these privileges like constitution under article 105 and 194, conventions, acts and rules of house. Some of these privileges include-
- Freedom of speech as no member can be questioned for anything said within the house and if they are part of any committee.
- Freedom from arrest in civil cases, during sittings of the house and 40 days before and after the adjournment of house.
- They are also exempt to be present as witnesses.
- Right to prevent the media or press from publishing its proceedings by conducting them in secret. Also, the house can punish anyone guilty of contempt of the house.
- All the above mentioned privileges are very significant in functioning of parliament and legislatures because-
- They help ensure and maintain dignity and authority of the houses by ensuring rules are followed and external influences are eliminated.
- There is less influence of vested interests, especially those who try to influence decision making from outside and ensure independence and effectiveness of the actions.
- These privileges also protect members from any targeted agenda by rivals.
- Parliamentary productivity is very important to ensure all business is conducted with due deliberation. Privileges play an important role in ensuring this.
Conclusion
- Though privileges are important, they are misused many times which makes it necessary to codify them and give priority to citizens' right to free speech over legislative privileges.
Q4. Deliberative democracy is a healthy practice, but recent trends show passing of bills with minimal scrutiny. Evaluate the role of parliamentary standing committees in this context. (15 marks)
Model Structure
Introduction
In the last budget session 13 bills were introduced but none of them were referred to a parliamentary standing committee. These committees are provided to ensure checks and balances are maintained in the Indian Parliamentary system.
Main Body
The decreasing role of parliamentary standing committees and lack of scrutiny can be understood by the following data-
- Average attendance in both houses of Parliament has reduced to around 70-75% due to various reasons like frequent walkouts and disruptions.
- Only 27% of all the bills were referred to committees during 16th Lok Sabha in sharp contrast to 71% in the 15th Lok Sabha.
- Technical aspects of colourable legislation like using provisions of money bill and finance bills to avoid scrutiny by Rajya Sabha. Bills on aadhar card, electoral bonds and amendments to the Foreign Contribution Act were passed as money bills.
- As per PRS data, 76% of the Union Budget 2022 was passed and approved without any discussion.
Considering the gravity of situation, parliamentary standing committees are very much important because-
- In depth analysis and improved scrutiny on government policies means there is informed debate in both houses of the parliament. The personal data protection bill carries a lot of technicalities and was rightly referred to the joint parliamentary committee.
- They ensure government accountability is upheld because the amount of work has increased and time is constrained. Also, work has become technical which calls for domain expertise which is addressed by these committees.
- Fiscal prudence is very important keeping in mind the increasing fiscal deficit and the PSC helps address it by examining budgetary allocations and other policies of the government.
- They uphold the rights of citizens by summoning and questioning organisations who allegedly violate any rights. The Parliamentary Standing Committee on Information Technology questioned representatives from social media company Twitter over the right to privacy.
- Scrutiny of budgetary allocation on ministry to ministry basis is important as seen in last year's budget when the committee on defense highlighted inadequate allocation which could have had impaired weapon acquisition plans.
- Meetings in these committees are held in closed doors which eliminates party whips and brings in non-partisan debates.
Conclusion
There is a need to strengthen and ensure that the committee system works as per mandate for better passage of bills and quality legislation. For better responsiveness and accountability, ministers must be called for attendance and questioned.
Q5. Why does the Constitution provide for a weaker second chamber at the state level when compared with that at the Union level? Analyse the significance of Legislative Councils in states. (15 marks)
Model Structure
Introduction
In a bicameral political system, the Rajya Sabha is the second chamber at the centre, and the Legislative Council (LC) is the second house at the state level (the Legislative Assembly being the other).
Main Body
However, LCs are often called secondary chambers due to their weaknesses compared to Rajya Sabha:
- LC can detain or delay an ordinary bill for a maximum of 4 months.
- The members of the council cannot participate in the election of the President, unlike the Rajya Sabha.
- In the matters of Constitution amendment, the council has no say, unlike Rajya Sabha.
- Finally, the very existence of the council depends on the will of the Assembly. (Parliament can create or abolish LC based on the resolution of LA)
Even though both the RS and LC are second chambers, the LC has been endowed with lesser powers due to the:
- RS is the council of states and represents the states in the federal polity of the Indian parliamentary system.
- LC does not perform such a function and thus is devoid of any substantial powers.
- Constitution amendment is the sole prerogative of Parliament. States have a vital interest in constitutional amendments. RS, as representative of states, has special power in this regard.
- No such role is performed by the state legislature, and hence, so no much power for LC.
- At the state level, the Governor has the discretionary power to reserve certain bills for the consideration of the President.
- On the other hand, at the union level, the President does not have such discretion. RS is made more powerful to act as a check against LS. The function of checking LA is performed by the Governor, so LC is not given such powers.
- Certain provisions like emergency or creation of new All India Service impact the administration of states, hence, RS is given certain special powers.
- No such consideration arises at the state level, hence no such power for LC.
Despite a relatively weaker position, LC is significant as
- It creates an opportunity for the revision of hasty, careless and ill-considered legislation made by LA.
- LC’s composition is less political, so it can express its opinion without considerations of electoral calculus and in a more balanced way.
- It facilitates the representation of eminent professionals and experts who cannot face direct elections.
However, LC is criticised because
- It is used by political parties to park its defeated candidates.
- It is an expensive institution that drains the public exchequer. The money could have been used for more productive use.
Conclusion
LC is an advisory body and not a revisory body (like RS). However, the task of governance is becoming more complex and LC can play an important role in making quality laws.
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