Retreat of the Legislature: Ethical-Constitutional Concerns in India’s Parliamentary Decline
(UPSC GS Paper II – “Parliament and State Legislatures”; GS Paper IV – “Ethics in Public Life, Accountability & Integrity”)
Context (Introduction)
As Parliament reconvenes, concerns deepen about its shrinking sittings, weakened oversight, rigid party whips, and executive dominance — raising fundamental questions about legislative independence, democratic deliberation, and constitutional morality.
Main Arguments
- Declining Parliamentary Sittings: Lok Sabha sittings have fallen from 135 days (1952–57) to just 55 daysrecently, indicating a shrinking space for deliberation and accountability.
- Anti-Defection Distortion: The Tenth Schedule, meant to prevent opportunistic floor-crossing, now curtails conscience and constituency-based voting, reducing MPs to numbers bound by party diktat.
- Eroded Oversight Functions: When members cannot vote independently, core constitutional duties — financial scrutiny, impeachment, legislative review — lose credibility and meaning.
- Executive Dominance: Systematic dismissal of Opposition notices, rushed legislation, and disregard for committee processes tilt the balance heavily in favour of the executive.
- Weakening of Neutral Offices: Constitutional authorities meant to be impartial guardians of parliamentary privilege have increasingly acted as instruments of discipline rather than neutrality.
Challenges / Criticisms
- Majoritarian Monologue: Parliament risks becoming an approval chamber where debate is stifled and accountability sidelined.
- Committee System Dilution: Parliamentary committees, crucial for cross-party, evidence-based legislative scrutiny, are bypassed or weakened.
- Opposition Marginalisation: When discussions are blocked, disruption becomes the only tool left — a symptom, not the cause, of parliamentary dysfunction.
- Loss of Westminster Spirit: India’s model is diverging from mature democracies like the UK, Canada, and Australia, where executive accountability mechanisms remain robust.
- Democratic Erosion: Reduced legislative independence undermines constitutional morality, weakening checks on concentrated power.
Way Forward
- Limit the Anti-Defection Law (UK/Canada Model): In the UK and Canada, party discipline is applied only to budget and confidence motions, allowing MPs to vote independently on policy matters; India should similarly confine whips to core confidence issues to restore legislators’ autonomy.
- Mandated Parliamentary Sitting Days (UK/Australia Model): The UK Parliament meets 120–150 days annually, and the Australian Parliament follows a pre-announced, mandatory session calendar; India needs a statutory minimum sitting requirement to prevent executive control over when Parliament meets.
- Strengthened Committee System (U.S./UK Model): U.S. Congressional committees have the power to summon senior officials, demand documents, and hold public hearings, while UK Select Committees routinely question ministers; India must empower its committees with compulsory referrals and ministerial accountability.
- Prime Ministerial Question Time (UK Model): The British PM must answer questions directly every Wednesday in a televised session; India should institutionalise a weekly Prime Minister’s Questions segment to enhance direct executive accountability.
- Neutral Presiding Officers (New Zealand/Australia Model): The Speakers of New Zealand and Australia resign from their party positions upon election and operate under strict neutrality norms; India should adopt similar safeguards to ensure impartial handling of parliamentary business.
- Independent Parliamentary Budget Office (U.S./Canada Model): The U.S. Congressional Budget Office and Canada’s Parliamentary Budget Officer scrutinise government finances independently; India should create an autonomous fiscal watchdog reporting directly to Parliament.
- Stronger Opposition Rights (Germany Model): Germany reserves committee chairs and agenda-setting rights for the opposition, ensuring checks on majority power; India must secure guaranteed discussion time and procedural tools for the Opposition.
- Mandatory Public Consultation for Bills (Nordic Model): Sweden, Norway, and Finland require open public consultations before major laws are passed; India should adopt compulsory pre-legislative scrutiny for all significant bills.
Conclusion
Legislatures decline when dissent is penalised, debate is curtailed, and executive power overwhelms constitutional checks. Reviving Parliament’s role requires structural reforms, political restraint, and a renewed commitment to the original spirit of India’s democratic architecture.
Mains Question
- Why is the Indian legislature increasingly losing its deliberative and oversight functions? Discuss the constitutional and ethical concerns arising from the dominance of the executive. (250 words, 15 marks)
Source: Indian Express
