JOURNEY OF PARLIAMENT – POLITY

News: Farewell, old Parliament: Iconic colonial-era building served as repository of India's democratic journey

 

What's in the news?

       On September 19, India's hallowed legislature will move from the old colonial-era Parliament building to the newly inaugurated triangular building as the country turns a new page in its post-Independence history.

 

Key takeaways:

       In a final goodbye to the old Parliament, the members of Lok Sabha and Rajya Sabha will assemble for group photographs at the old building.

       They will then participate in a function to commemorate the rich legacy of Parliament of India and resolve to make Bharat a developed nation by 2047 before moving to the new building.

 

Functions of Parliament:

       The Parliament has a key position and serves a variety of purposes in the "Indian politico-administrative system."

       It has broad authority and carries out a range of duties in order to fulfil the legally mandated job.

       The following categories can be used to group its powers and functions:

1.      Legislative Functions

2.      Executive Functions

3.      Financial Functions

4.      Electoral Functions

5.      Judicial Functions

6.      Constituent Functions

7.      Other powers and functions.

 

1. Legislative function:

       Making laws for the nation's governance is the main duty of Parliament. It has the only authority to enact legislation on the topics included in the Union List.

2. Executive function:

       The Indian Constitution created a parliamentary system of governance in which the Parliament holds the Executive accountable for its decisions and actions.

       Hence, the Parliament exercises control over the Executive through question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no-confidence motion, censure motion and other discussions.

3. Financial Functions:

       When it comes to finances, Parliament is the final authority. Without parliamentary approval, the Executive cannot spend a single rupee.

       The Executive is not permitted to levy or collect taxes or make purchases without the consent and authorization of Parliament.

       As a result, the budget is presented to the Parliament for approval.

4. Electoral Functions:

       Along with the state legislative assemblies, the Parliament votes for the President and chooses the Vice President.

       While the Rajya Sabha elects its Deputy Chairman, the Lok Sabha elects its Speaker and Deputy Speaker.

       Additionally, the Parliament has the power to pass laws governing the elections for the positions of President and Vice-President, as well as for both Houses of Parliament and the state legislature.

       As a result, the Representation of People Act (1950), the Presidential and Vice-Presidential Election Act (1952), and other laws were passed by Parliament.

5. Judicial Functions:

       If members of the House violate their privileges, the Parliament has the authority to penalise them.

       When one of the MPs' privileges is violated, it is referred to as a breach of privilege.

       In most cases, the ability of Parliament to punish its members is not susceptible to judicial review.

       Other judicial powers of Parliament include the ability to impeach the President, Vice President, Supreme Court and High Court justices, the Auditor-General, and others.

6. Constituent Powers and Functions:

       The authority to add to, amend, or repeal any provision of the Constitution is granted to the Parliament.

7. Other Powers and Functions:

       Parliament acts as the country's highest deliberative body. It addresses a variety of national and international concerns.

       It authorizes all three categories of emergencies declared by the President (national, state, and financial).

       On the suggestion of the relevant state legislative assemblies, it can establish or dissolve state legislative councils.

       It has the authority to change the extent, the borders, and the names of Indian Union states.

       It has the authority to govern the organisation and jurisdiction of the Supreme Court and high courts, as well as to form a joint high court for two or more states.

 

Significance of Parliament:

  1. Ensuring accountability of executives: Detailed scrutiny of bills, budget proposals and ministries, enhancing oversight and accountability.
  2. Make the constitution as a live document: Creation of an elegant symphony of democracy, upholding constitutional values and national interests.
  3. Temple of Democracy: Vibrant representation of the will of over a billion Indians, dedicated to citizens’ welfare and unity.
  4. Platform of voicing concerns of people: Platform for citizens to raise concerns, and promote socio-economic change through legislation and debates.
  5. Protector of public exchequer: Oversight of public finances, budget approval, and accountability of the Executive.
  6. Platform for diverse voices: Effective management of conflicts, celebration of diversity, and promotion of unity for development and prosperity.
  7. Legacy: Deeply rooted in India’s historical and cultural heritage, reflecting participative governance for millennia.
  8. Protect the autonomy of the bill: Protection of members’ autonomy and dignity through immunity and privileges for free expression.

 

Is the role of Parliament declining?

  1. Disruptions and Productivity: Frequent disruptions during parliamentary sessions hinder legislative work and reduce productivity.
  2. Unruly Behaviour: Instances of unruly behaviour by some members have become more common, affecting decorum and debate.
  3. Lack of Detailed Debates: Important legislation may be passed without thorough debate due to disruptions.
  4. Public Perception: Citizens may lose trust in Parliament due to its inability to function effectively.
  5. No role for Parliamentary Committees: The number of Bills that have been referred to parliamentary committees — the deliberative core of parliamentary work — has shrunk dramatically, from 68 (71 percent of the total) in the 15th Lok Sabha to 24 (25 percent of the total) in the 16th Lok Sabha — and zero in 2020.
  6. Resort to money Bill route: Several key pieces of legislation have been passed as Money Bills, despite the fact that they did not fit this category.
  7. Less discussions: Ordinary Bills are not so much discussed, either because their texts are handed over to the MPs at the last minute or because there is little time for debates.
  8. Ordinance route: In order to circumvent Parliament, the Modi government has often followed the ordinance route. While ordinances are usually resorted to by minority governments or coalition governments, the Modi government has used it more than any of his predecessors despite the BJP enjoying a majority in the Lok Sabha. The average number of ordinances jumped from six a year under Manmohan Singh to 11 a year under Modi.
  9. Biased speaker: Speaker’s traditional non-partisan role- Very few Speakers, with exceptions such as G.V. Mavalankar, P.A. Sangma and Somnath Chatterjee, have gone against their party leaders to uphold the autonomy of the House.
  10. Low standard debates: Declining standards of debates in Indian Parliament. The declining standards of debates in Parliament and the manner in which parliamentarians conduct themselves, forgetting that there is a huge difference between a fight on the floor of the house and a fight on the streets are pointers towards the lack of ability or merit in the parliamentarians.
  11. Issue of Absenteeism: Decline in the attendance of the Parliamentarians in Indian Parliament. As per the PSR report, during the 11th and 12th sessions of the fourteenth Lok Sabha, more than 75 percent members were below the median point of 16 or more days of attendance. The number of MPs whose attendance ranged from 0–5 days increased in the 12th session.

 

WAY FORWARD

1. The 15-point charter proposed by Former Vice President Venkaiah Naidu:

  1. Parties need to ensure attendance of at least 50% of their legislators all through the proceedings of the Houses by adopting a roster system.
  2. Review of anti-defection law.
  3. Review of the whip system which is “stifling reasonable dissent even on non-consequential matters”.
  4. Set up special courts for time-bound adjudication of criminal complaints against legislators.
  5. Pre and post legislative impact assessment.
  6. Address the problem of the rising number of legislators with criminal backgrounds.
  7. Governments should be responsive to opposition and opposition to be responsible and constructive while resorting to available parliamentary instruments
  8. Consensus on the proposal for simultaneous elections.
  9. Steps should be taken for the effective functioning of the Parliamentary Committees.
  10. The representation of women in legislatures needs to be raised.

2. The government can introduce the Legislative Impact Assessment:

       Every legislative proposal must incorporate a detailed account of social, economic, environmental, and administrative impact for wider awareness and subsequent legal assessment.

       A new Legislation Committee should be formed in the Parliament to oversee and coordinate legislative planning.

3. Shadow cabinet: In order to strengthen the role of the opposition, the institution of the shadow cabinet can be formed in India like Britain.

4. Mandatory committee stage: The government can amend the rules of procedure of both the Houses of Parliament under Article 118 of the Indian Constitution. It will make it mandatory to refer bills to the parliamentary committees and prescribe appropriate action against unruly members.