Parliament and State Legislatures

Parliament and State Legislatures Structure, Functioning, Conduct of Business, Powers and Privileges and Issues arising out of this

Previous Year Questions

  1. Discuss the role of Public Accounts Committee in establishing accountability of government to the people (UPSC-2017)
  2. Indian Constitution has provision for holding joint session of 2 houses of Parliament. Enumerate the occasions when this would normally happen and also where the occasions when it cannot, reasons thereof (UPSC 2017)
  3. The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the ‘parliamentary privileges’. How can this problem be addressed? (UPSC 2014)
  4. The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (UPSC 2013)

Index

  • Structure of the Parliament
    • Role of Rajya Sabha
    • Role of President
    • Representation of Different States
  • The functioning of the parliament
    • Control on Executive and Associated Issues
      • Committees
    • Passing of Bills
    • Provision of Joint Sitting
    • Amendment Procedure and associated issues
    • Low Productivity of the Parliament
  • Powers of the Parliament
    • Judicial
    • Electoral
    • Financial: Passing of the Budget
  • Privileges and Associated Issues

Read India Maldives Relations

 

Structure and Functioning of Parliament

                The Parliament consists of the President, Lok Sabha and Rajya Sabha. It is the legislative body of the country and makes legislations regarding matters in Union and Concurrent List. It is also vested with the exclusive authority to amend the constitution of India.

Why Rajya Sabha?

  • Federal Chamber: Rajya Sabha consists of elected representatives from state legislatures. It is conceived as a chamber to check that legislations passed by the Lok Sabha are in accordance with federal nature of administration in the country and in consonance with interest of various states
  • Check hasty or ill-conceived laws: As the house of elders and of domain experts nominated persons, Rajya Sabha also checks hasty or ill-conceived laws passed by Lok Sabha
  • Representation to Domain Experts: The President can nominate 12 persons who are eminent personalities in various domains to be members of Rajya Sabha. Hence the house facilitates expertise without the necessity of a direct election.

Role of President

  • Check on passed legislation: President is the final authority of check before a bill becomes an act. He may withhold his assent or sent back a bill which he feels is not in the best interest of the country on behalf of the executive
  • Dissolving the Lok Sabha: President may dissolve the Lok Sabha in lieu of advice tendered by Prime Minister or when no-confidence motion is passed in Lok Sabha. Thus he enforces the accountability of the government to the House of People

Read Also President Rule

Possible Question

                The domicile requirement of elected representatives of Rajya Sabha was taken away. How do you think it would affect the functioning and purpose of Rajya Sabha? Critically Analyse.

                Rajya Sabha as an institution of bicameralism was conceived to maintain the federal framework of the country. The members of Rajya Sabha are foremost representatives of the state rather than of any political party.

Drawbacks of the Move

  • Arbitrary Use: The doing away of the domicile requirement would reduce the utility of having state-wise representation. It leaves the door open for arbitrary misuse for political motives
  • Dilutes the Federal Mandate of Rajya Sabha: Domiciles would have best upheld the federal mandate of the Rajya Sabha through an equitable representation of states
  • Lack of Accountability: The individual states interests at the national level would have been best represented by domiciles of that state. However, the lack of the same leads to a vacuum of accountability on the assembly that elects representatives
  • Not Aware of Ground Realities: A person who is not domicile in a state may not be knowledgeable on the priorities of the state to defend them in the Council of States.

Why it is legitimate?

  • Wider Talent Pool for Political Parties: The doing away of domicile requirement opens up opportunities for several candidates who may be more worthy and suited for parliamentary roles as compared to ones within the state
  • Better Integration: The representation of one state by a non-domicile can facilitate emotional integration of the country and kindle the bond of oneness traversing across regional lines
  • States’ Interests: Even candidates who are not residents of a state may be aware of interests and aspirations of the state and worthy enough to protect the same in the Council of States.

Conclusion

                The lifting of the domicile requirement is an indication of growing partisanship in parliamentary democracies where loyalties lie first to the party than to the people of the state. Along with this concern, we can expect it to bring in a wider spectrum of more worthy parliamentarians provided political parties choose right.

Composition of Lok Sabha

                Out of 545 members of Lok Sabha, 543 are directly elected by the people through elections. The president may nominate 2 members from the Anglo-Indian community in case he feels they are inadequately represented in the Lok Sabha.

                In proportion to their population, a certain number of seats may be reserved for SC/ST sections of the population.

Composition of Rajya Sabha

Representatives of States: Members of the council of states are indirectly elected by members of state legislative assemblies. The seats reserved for states are in proportion to their population.

Representation of UTs: Members indirectly elected by electoral college constituted.

Nominated Members: The President can nominate 12 persons who are eminent personalities in various domains to be members of Rajya Sabha. Hence the house facilitates expertise without the necessity of a direct election.

Delegated Legislation: Parliament makes law in skeleton form and authorises executive to make detailed laws. It is also referred to as executive legislation or subordinate legislation.

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Financial Powers
Budget in Parliament

                The Parliament is vested with the power to vote on the budget which is the annual financial statement of the government that lays down estimated revenue and expenditure of the government. The expenditure ‘charged from’ the consolidated fund of India cannot be voted upon while expenditure ‘made from’ CFI can be voted upon.

Stages in Enactment

  1. Presentation of Budget: Discussed in Lok Sabha, Rajya Sabha can discuss it, but not vote on a demand for grants
  2. General Discussion: Takes place in both houses and lasts 3 to 4 days
  3. Scrutiny of Departmental Committees: Examine in detail demands for grants of concerned ministries and prepare report cards
  4. Voting on demand for grants: Exclusive privilege of Lok Sabha as money appropriated is to implement schemes of incumbent government that is the mandate of people vested with directly elected representatives of Lok Sabha. Cut motions (Policy, Token, Economy) are moved during this stage. Hence the parliaments control over executive’s actions are visible in this stage where its check actions ensure there is greater responsibility and accountability on the government to expedite spending in judicious manner.
  5. Passing of Appropriation Bill: All money required to meet grants voted by Lok Sabha and expenditure charged on CFI
  6. Passing of Finance Bill: To give effect to financial proposals of government for coming year. It legalises income side and completes the process of enactment of the budget

Scrutiny of Spending

The government remains answerable to parliamentary committees with regard to its financial performance. These committees perform audits and examine the nature of spending to curb wasteful spending and to ensure that money appropriated is being productively used. They bring out illegal, improper, unauthorized, irregular usage and wastage in public expenditure.

Eg: Public Accounts Committee, Estimates Committee and Committee on Public Undertakings

                Therefore, parliament exercises financial control over executive in 2 instances:

  1. Budgetary Control: During passing of budget, parliament has to vote on demand for grants where it can move cut motions to cut government spending if it feels it is unwarranted or unjustified.
  2. Post-Budgetary Control: After the government has spent, the various committees verify the efficacy or judicious nature of spending

Study the role of these committees from Lakshmi Kant

Executive Power

                The parliament exercises control over executive through questioning through question-hour, zero-hour, short duration discussion and various motions calling attention, adjournment, no-confidence, censure motion etc.

                The various parliamentary committees also hold the executive accountable for its actions. These are committee on government assurance, subordinate legislation, committee on petitions etc.

                The council of ministers remain collectively responsible to the parliament in general and Lok Sabha in particular. They remain in office only as long as they enjoy confidence of the Lok Sabha.

Amending Constitution

                The parliament can amend the constitution under Article 368 by passing a constitution amendment bill with special majority, not less than 2-3rd members present and voting and majority of total membership of house. In case the amendment affects federal structure of the country, it requires ratification by at least 50% of state legislatures.

Limited Power

                The power to amend the constitution is not unlimited and is subject to the basic structure of the constitution. In the Keshav Ananda Bharathi case, the SC observed that Parliament may amend the constitution to a permissible limit where it does not violate or impinge the basic structure of the constitution. Thus the Indian position on constitutional amendment rests on the balance between parliamentary sovereignty and judicial supremacy.

Limitations on Parliamentary Sovereignty

  • Fundamental Rights: The amendment of a parliament is subject to non-contravention of fundamental rights elucidated in Part III as referenced by Article 13. In the Keshav Anand Bharthi Case, the court opined that the parliament may take away the fundamental rights as long as the basic structure of the constitution.
  • Judicial Review: The power of judicial review evolved from Article 13 enables the judiciary to observe the constitutional amendments. If it is violative of the basic structure of the constitution, the court may strike down such an amendment
    • The Supreme Court struck down the NJAC bill as it was averse to the basic feature “independence of judiciary”
    • Striking down of the part of 42nd amendment that inactivated judicial review on constitutional amendments
  • Federal Framework: The parliament’s power to amend is limited by the consent of states in all matters where federal features are involved. It needs to take in half the state legislatures consent for such amendments.
    • The passing of the GST bill as the 101st constitutional amendment required the ratification of state legislatures
  • The supremacy of the Constitution: Any amendment to the constitution if it threatens to subvert the supremacy of the constitution shall be declared null and void by the court on the basis of unconstitutional
    • The striking down of the 39th amendment that circumvented the court’s jurisdiction on election related matters of the Prime Minister, President, Vice President and Speaker was struck down in Indira Gandhi vs Raj Narain Case (1975) as unconstitutional

Electoral Powers

                The parliament participates in elections of President and Vice-President. The Lok Sabha elects its own Speaker and Deputy Speaker while Rajya Sabha elects its Deputy Chairman. It is also vested with the power to regulate elections to offices of President and Vice-president, to both houses of parliament and state legislatures.

Eg: Representation of People’s Act, 1951

Judicial Powers

Impeachment of President: The parliament can remove the President for violation of the constitution by passing a resolution separately in both houses by special majority with which the president stands removed from power

Impeachment of Vice-President: Similar to manner of President but with absolute majority in Rajya Sabha and agreed to in Lok Sabha

Impeachment of Judges: It can recommend the removal of judges of SC or HC, CEC, CAG to the President by passing a resolution with special majority in both houses on the grounds of misbehaviour and incapacity

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

Read Also Industrial Relations Code Bill

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.

Anti-Defection

                The 52nd and 93rd Amendments to the constitution added the Tenth Schedule which laid down the process of disqualification of legislators in the context of defection. In the time of Aaya ram Gaya ram, the anti-defection law was conceptualized to provide political stability and safeguard the sanctity of democracy.

Why Anti-defection law?

  1. Mandate of People
  2. Reduces the role of money
  3. Cultivates party loyalty and party discipline
  4. Stability of government in Parliamentary Democracy

Issues of Anti-Defection

  • Freedom of Speech: The mandatory directive of the party and anti-defection threat reduces thinking lawmakers to mere numbers for passing bills. In the Kihotto Holohan judgement, the Supreme court held anti-defection law to be within the basic structure of the constitution
  • Role of Speaker: The speaker’s discretion in deciding on disqualifications of defecting members has been controversial. Questions have been raised on the partisan decisions
  • Loopholes in law
    • The exception of 2/3rd party members defecting is anti-thetical to the very concept of anti-defection
    • A nominated member is provided with 6 months as time frame for joining political party without inviting defections. This provision can be manipulated to manufacture majorities diluting will of people
  • Quality of Debates: The non-democratic nature of the defection law is bound to reduce quality of debates with increasing polarization on the floor of the house narrowing the confines of debate
  • Reduces accountability to people and parliament

Suggestions

  • Rationalize Jurisdiction:
    • Dinesh Goswami Committee: Limit anti-defection to
      • Members voluntarily giving up party membership
      • Member votes or abstains contradictory to party direction during no-confidence motion
    • Change Deciding Authority
      • Election Commission: Issue of disqualification should be decided by President/ Governor
    • Remove Loopholes: Law commission has opined that exemptions for splits and mergers should be deleted. Pre-poll fronts should be considered as political parties
    • Foster Deterrence: The Constitution Review Commission has opined that defectors should be barred from holding public office or remunerative political cost

Conclusion

                With the increasing role of money and the danger of criminalization, anti-defection laws cannot be done away with. It needs to be reformed to ensure that intra-party democracy and parliamentary spirit thrives fostering an amalgam of diverse views from multiple sections.

Parliament –Privileges and Issues Arising out of these

                Parliamentary privileges are special rights, immunities and exemptions handed out to members of 2 houses, their committees and members. They help maintain authority, dignity, honour and ensure that members face no obstruction in discharging duties vested in them. Parliamentary privileges enable independent and effective functioning of the institution of parliament.

Collective Privileges

Ensuring independence – Self-Regulating

  • Court is prohibited from enquiring into proceedings of house or its committees
  • Parliament can define its own rules and regulations for conduct of business and adjudication of such matters
  • Can hold secret sittings excluding strangers from its proceedings

Upholding Dignity – Face Saving

  • Right to receive information regarding arrest, imprisonment, conviction and release of a member
  • No person can be arrested and no legal process can be served within the precincts of the house without permission of presiding officer

Gaining Authority – Judicial Control

  • Article 105 provides the houses of parliament with right to publish its own reports, debates and other proceedings and the right to prohibit others from publishing the same
  • Punish members as well as others for breach of privilege
  • Institute enquiries and order attendance of witness and acquire relevant papers and records

Individual privileges

Freedom of Speech in parliament (Article 105): No member is liable to any proceedings in court for anything said or any vote given by him in Parliament or its committees. This freedom is subjected to standing orders regulating procedure of parliament.

Judicial Exemptions: Members of the parliament cannot be arrested with regard to civil cases 40 days before the session and 40 days after. They can refuse to give evidence and appear as witness in cases when the Parliament is session citing want of time.

Breach of Privilege

                When any individual or authority disregards or attacks exemptions, rights and immunities, either of member in individual capacity or of the house, collectively, the offence is termed as Breach of Privilege and is punishable by the house.

Contempt of the House

                Any act or omission which obstructs a house of parliament, its members or officers from discharging their duties or which tends to produce results against dignity, authority and honour of the house is treated as contempt of the House.

                It has wider implications than a simple breach of privilege which merely constitutes a subset of contempt of house, i.e. a contempt of house may simply include a breach of privilege.

Source of Privileges

  1. Constitution of India: Article 105 provides for privilege of freedom of speech and right to publication of proceedings
  2. Various laws made by Parliament
  3. Rules of Both Houses
  4. Parliamentary Conventions
  5. Judicial Interpretation

The 44th amendment act provided that parliamentary privileges for both houses, members and committees are to be those which they had on the date of its commencement until defined by Parliament. The Parliament till now has not made any special law to exhaustively codify all privileges.

Read Also Anti Defection Law in India

Issues with Privileges

Danger of Non-Codification: Parliament is yet to codify all privileges exhaustively which causes a lack of clarity with regard to parliament’s privileges. The non-codification also arms parliament with wider discretion that may abused to curb civil rights

Curbing right to dissent: Houses of parliament may exploit the discretion to curb dissent of citizens and civil society organizations thus debilitating healthy debate and deliberation subduing vibrant democracy in India

Tilting Balance of Power: Parliamentary privileges were envisaged with ensuring independent functioning of parliament. Lack of clarity regarding the same may affect the check and balance mechanism between legislature and judiciary

Reduced Accountability: Excessive and abusive usage of privileges reduces accountability of houses of parliament, members and committees for their actions and inactions vital to sustenance of a free democracy

Un-parliamentary Behaviour: Wider interpretations of privileges are often misused by legislators for initiating hateful, ill-thought speeches and other un-parliamentary activities such as rushing to the well of the house etc.

Why un-codified?

  • Maximize privileges: The un-codified privileges leave an ambiguity which enables houses of parliament to maximize capability of freedom of speech and other privileges which help it to function as an effective and efficient institution. It reduces obstruction to parliamentary proceedings and ensures houses retain their authority, dignity and honour
  • Separation of Powers: Leaving the privileges un-codified limits judicial interference and scrutiny as to matters and proceedings within the houses of parliament enhancing its independence from other organs of the state
  • Self-Regulating: The parliament has defined its own rules, procedures and regulations regarding proceedings and conduct of business in the houses that are elaborate enough to provide a check on usage of privileges. Hence a separate exhaustive list of privileges may not be deemed necessary

Way Forward

  • Regulating Conduct of Business: Presiding officers have to ensure that rules of conduct of business are religiously followed by members of parliament. He may submit a report regarding the same to the president. Any members acting in contravention may be made liable to punishment, suspension from the house.
  • Codification: Parliament can exhaustively augment and codify existing privileges from all sources for increased clarity that is better for healthy functioning of democracy and for harmonious balance between organs of the state

Parliamentary Committees

The parliamentary committees are institutions that provide avenues for accountability, cooperation, expertise and engagement in the process of law-making.

Potential of Parliamentary Committees

  1. Specialization: Each parliamentary committee is specialized in a particular domain. This enables members to develop expertise and holistically analyse issues at their forefront
  2. Accountability: They provide scrutiny and constructive criticism to government policy. The Public Accounts Committee by an ex-post facto analysis ensures the government remains accountable for spending tax payers money
  3. Knowledge Reservoir: Parliamentary committees contain volumes of information that MPs can constructively use during discussions on policy and law making.
  4. Legislative Assistance: Many Ad-hoc parliamentary committees resolve issues on bills.
    1. Prevention of Corruption amendment bill passing through various committees in Rajya Sabha has seen several issues get addressed
  5. Engagement with Stakeholders: The committees can engage with civil society and expertise to gain feedback on important issues
  6. Financial Propriety: The Estimates Committee ensures financial prudence in allocation of government resources. Thus committees check on economy of expenditure and ensure each penny of the tax payer is put to productive use
  7. Smooth Transaction of Business: The Administrative committees of the parliament provide for smooth conduct of affairs, allocation of time and setting agendas in the parliament

Issues in Functioning of Parliamentary Committees

  1. Fewer Bills Referred: Only 27% of bills in 16th Lok Sabha have been referred. In contrast, 71% were referred during the 15th Lok Sabha
  2. Poor Attendance of members in committees
  3. Short tenures in committees leaves little time for specialization
  4. Little discussion: The recommendatory nature of committee reports has diluted their mandate of accountability
  5. Lack of technical expertise to delve into intricate matters of law
  6. Politicization of proceedings of committee
  7. The ex-post facto nature of many of the committees including the PAC disables them from achieving financial prudence

Suggestions

  1. Refer more bills
  2. Make attendance mandatory and link it to membership of committee
  3. Extend tenures and provide workshops for capacity building of law makers in parliamentary committees. Develop domain expertise for members of committees
  4. Executive Interaction: Minister- committee interactions can help achieve better convergence with committee recommendations. This can also serve as an extra instrument of accountability
  5. Standing Committee on Economy can be created

Conclusion

                The parliamentary committees have admirably functioned over the years to enhance quality of legislation and serve as a check on executive action. There needs to be a systemic strengthening of this parliamentary culture to evolve consensus in law formulation, public expenditure and government policy through the instrument of parliamentary committees.

Role of Speaker

Introduction

                The speaker is a constitutional office that presides over the house of the parliament in a neutral manner vested with the authority to conduct business in the house according to rules of procedure and parliamentary ethics. She symbolises the parliamentary spirit of democracy.

Issues

  1. Lack of time allotted: The multi-party democracy and coalition era has widened the spectrum of views and opinions. Speakers have been accused of partisanship in allocating time to parliamentarians from various parties
  2. Abuse of discretions
    1. Deciding on Money Bill: The discretion of final say on whether a bill is money bill has often been abused by speakers. This threatens the federal framework of legislation as it then circumvents the Council of States
    2. Issue of Defection: 16 MLAs in Arunachal Pradesh were disqualified by speaker despite not leaving party or disobeying its directives
  3. Constant Adjournments: Frequent disruptions in parliament have necessitated quick adjournments. This has reduced productivity, increased hastily passed bills and led to erosion of accountability on the executive
  4. Ineffective control over house proceedings: Speakers have been unable to enforce parliamentary codes of conduct.

Read Also Insolvency and Bankruptcy Code

Suggestions

  1. Curb Discretions: The discretionary role of speaker related to defections and splits may be placed with Election Commission or any neutral body outside legislature
  2. A convention of once a speaker always a speaker should be developed. This can curb partisan tendencies
  3. Speakers can resign from party membership as in U.K
  4. Time allocation: India can emulate U.K and Canada in allocating set time for opposition and opportunities for regional parties to set agenda of the day.

State Legislature

Structure

The state legislatures are not uniform in their structure across states. Certain state legislatures are bicameral in their organization- an Upper house or the Legislative council (Vidhan parishad) and the lower house – the state legislative assembly (Vidhan Sabha) while most of the states in India are unicameral- only having the legislative assembly.

The Parliament can create or abolish state legislative councils when the state legislative assemblies passes a resolution to that effect by a special majority.

Composition of the Assembly

                        The state legislative assembly consists of directly elected representatives of state constituencies. Governor can also nominate 1 member from the Anglo-Indian community of the state if she feels they are inadequately represented in the assembly. A certain number of seats in the assembly are reserved for SC/ST members in proportion to their population in the state.

Composition of the Council

                        The state legislative council consists of members indirectly elected by different sections of the population – Local self-governing bodies (Muncipalites, District board), MLAs, Graduates residing in state, Teachers of 3 years standing in state and remaining members are nominated by Governor in lieu of their expertise in domains such as art, literature, social service, music, science, cooperative movement.

Legislative Council vs Legislative Assembly

  • Ordinary Bills: Legislative council acts merely as a check mechanism and can at the maximum delay the passage of an ordinary bill by 4 months, it is hence merely a dilatory chamber. A bill originating in the council once rejected by assembly becomes dead.
  • Money Bill: Legislative council can only pass recommendations to a money bill within 14 days of its passage from lower house. The assembly may or may not accept recommendations of legislative council. A money bill cannot be introduced in the council
  • Creation or Abolition of the council: The very existence of legislative council remains on will of assembly as it can pass a resolution calling for its abolition in the event of which the parliament would initiate proceedings for the same
  • Budget: The legislative council can discuss only on demand for grants, they have no power to vote for the same
  • Election of President: The members of legislative council do not take part in electoral process of president

Why the Legislative Council

  • Check mechanism: A second chamber at state level acts as an advisory body which passes recommendations regarding bills to the assembly. It can hence help in avoiding hastily passed, ill-thought and ill-conceived bills from state legislative assembly
  • Domain Expertise: The council provides for domain expertise for eminent personalities from various fields of science, art, music, literature and social service.

Arguments against Legislative Council

Costly Luxury: Legislative councils in lieu of presence of legislative assembly may be an unnecessary and costly luxury that is not imperative to sustain democratic process of law making. Unlike the Rajya Sabha that has a federal mandate, the legislative council does not have a particular purpose of utility.

Delay: A secondary chamber for legislation hinders expeditious passing of legislations causing unwanted delays in legislative process of bicameral states

Political Misuse: The Council has been misused to circumvent and dilute the will of the people reflected in elections to state assemblies by facilitating an alternate way of representation.

Similar Opinions in Both Housesà Less Utility: It does not serve the purpose of being an advisory body to the assembly as different ideologies and opinions are not articulated owing to a political concurrence between the 2 houses.

State legislature vs Parliament

Demarcation of Subjects: Schedule 7 of the constitution clearly demarcates subjects of legislation for the parliament and state legislatures. Parliament can legislate on Union list, concurrent list and also holds residuary powers while the state legislatures can legislate on state list and concurrent list. In cases of conflict on laws passed in the concurrent list, the law made by parliament prevails. Hence parliament has slight edge evidence of unitary bias in Indian federal system

The Parliament can also legislate in matters in state list in special scenarios earlier elucidated. The Rajya Sabha may pass a resolution to that effect.

Constitutional Amendment: Only the parliament can initiate the process for constitutional amendment. In cases where federal provisions of the constitution are affected, ratification of more than half the state legislatures are  The Parliament can however unilaterally alter territories of state without the consent of the state legislature through a constitutional amendment passed by a simple majority.

The Constitution has provided for adequate safeguards with regard to maintenance of federal provisions envisaged in it. It is hence neither too rigid nor too flexible.

Institution of Governors: The constitution provides for the office of a governor of state who shall be the agent of the centre. A governor enjoys discretion as to reserving bills passed by the legislature for consideration of president. The governor is not liable for his actions nor is he binding to the advice of state council of ministers.

Union executive exercises a certain amount of control through the institution of governor over state legislations. It is reflective of the unitary bias on the Indian constitution.

All-India Services: Rajya Sabha may pass a resolution by a special majority for the creation of All India services. Such a resolution needs to be concurred by the Lok Sabha.

The All India services ensure uniformity in governance, administration and quality throughout states across India. They are reflective of the unitary bias and may affect autonomy of states in dissipating governance in accordance to their wishes.

Election of Vice-President: While all directly elected members participate in election of President, only members of parliament participate in election of vice-president.

Fundamental Rights: The constitution empowers the parliament with exclusive authority to pass legislations to give effect to fundamental rights elucidated in the constitution.

President’s Rule: The parliament can take over the function of state legislature or devolve the same to an appropriate authority in cases where President’s rule has been established in the state

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