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GS Paper: GS2-06.Parliament and State Legislatures (structure, functioning, conduct of business, powers & privileges; issues therein)

  • Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible.

    The Rajya Sabha, conceptualised under the Montague-Chelmsford Reforms (1918) and institutionalised by the Government of India Act, 1919, was envisioned as the Council of States-a forum of mature reflection.

    Rajya Sabha as a “Useless Stepney Tyre”

    Limited Legislative Powers – cannot initiate or amend Money Bills (Article 110)

    No Role in Government Formation – Council of Ministers is collectively responsible only to the Lok Sabha

    Joint sittings (Article 118) are dominated by Lok Sabha’s numerical majority.

    Viewed as a delaying or obstructive chamber rather than a constructive revising body.

    Cannot influence budgetary priorities or grants, diminishing its fiscal relevance.

    Factors Behind Transformation into a Useful Supporting Organ

    Rise of Coalition Politics – Need for consensus enhanced Rajya Sabha’s negotiating role.

    Federal Assertion – The rise of regional parties since the 1980s has strengthened federal politics

    Diversified Composition – Eminent professionals, academicians, and experts improved deliberation quality.

    Revitalized Committee System – Department-related committees (many chaired by RS members) improved policy scrutiny.

    Continuity and Stability – Not subject to dissolution, ensuring legislative stability and institutional memory.

    Judicial and Media Attention – Live telecast of sessions and judicial oversight improved transparency and accountability.

    Active Opposition Role – RS became a check on executive dominance during coalition and one-party phases alike.

    Areas Where Transformation is Visible

    Legislative Review and Refinement – Rajya Sabha acts as a revising chamber. Eg- Referred the GST Constitutional Amendment Bill (2014) to a Select Committee

    Federal Balance – Protects state interests against central overreach. Eg- discussed federal fiscal implications of the National Education Policy, 2020.

    Special Constitutional Powers – Can authorise creation of All-India Services (Article 312), make laws on State List (Article 249)

    Deliberative Forum – Provides in-depth, issue-based policy debates on national concerns. Eg- debates on COVID-19 management (2021)

    Accountability and Oversight – Through Question Hour, Zero Hour, and Calling Attention Motions. Eg- Rajya Sabha discussions led to clarifications on Pegasus spyware issue (2021) and farmers’ protests (2020-21).

    Voice to smaller and regional parties to represent state and sectional interests. Eg- state-specific issues such as river water disputes and fiscal devolution.

    Being a permanent chamber, it ensures institutional memory and continuity during Lok Sabha dissolutions.

    Way Forward-

    Equal representation for each state, so that large states do not dominate the proceedings. (US system)

    More debates, less disruptions- Eg – Introduce ‘whip-free debates’ for non-financial and non-confidence issues.

    Amend procedures so that laws disguised as Money Bills can be challenged and reviewed.

    NCRWC, 2002 – Called for a clear procedure for nominating eminent members under Article 80.

    Punchhi Commission (2010)– expanding the electoral college for Rajya Sabha to include panchayats and municipalities.

    As envisaged by Dr. B.R. Ambedkar, RS must act as a “safety valve of federalism”, ensuring reasoned, representative, and regionally inclusive governance in India’s democracy.

  • ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India?

    According to Nehru,’Speaker represents dignity & freedom of house & as House represents nation, Speaker becomes a symbol of nation’s freedom & liberty.’ Once a speaker, Always a speaker is a British system aimed to ensure neutrality of office of speaker.

    Issues in office of Speaker

    Combining presiding and quasi-judicial roles, causes conflict of interest.

    Partisan Bias – Delays in Manipur & Maharashtra defection cases (2020-23) benefited ruling coalitions.

    Unilateral Suspension Powers – Rule 374A allows mass suspensions (e.g., 146 MPs in 2023) without adequate checks.

    Money Bill – Aadhaar Act (2016) passed as Money Bill, bypassing Rajya Sabha scrutiny.

    Speaker remains party-affiliated, unlike the UK’s non-partisan model.

    Judicial Non-Interference (Art. 122) – Speaker’s discretion largely beyond judicial review.

    Weak Parliamentary Conventions – No codified norms; decisions often politically motivated.

    Decline in Deliberation – “Railroading” of bills (e.g., Farm Bills, 2020) reduces discussion quality.

    Executarian Speakership – Rising executive influence eroding neutrality and institutional integrity.

    Positive Implications of Adopting “Once a Speaker, Always a Speaker”

    Restored Neutrality – Permanent detachment from party politics enhances objectivity and moral authority.

    Improved Parliamentary Discipline – Equal enforcement of rules encourages constructive debate over disruption.

    Fair and Equal Treatment – Ensures equal opportunities for participation, giving every member’s voice due respect, irrespective of party affiliation.

    Better Executive Oversight – Impartial Speaker can ensure accountable functioning of government in Parliament.

    Building Consensus – A neutral Speaker fosters an environment conducive to consensus-building and cooperative decision-making.

    Impartial Decision-Making – Promotes fairness in-

    Rulings on points of order,

    Interpretation of parliamentary rules,

    Decisions on admissibility of bills and motions, and

    Protection of members’ rights and privileges.

    Upholding the Dignity of Office – Acts as a symbol of neutrality, integrity, and impartiality, thereby strengthening the moral authority of Parliament.

    Global Best Practice Alignment – Similar to UK model, where Speaker contests as “Speaker seeking re-election,” maintaining impartiality.

    Way Forward-

    Codify Speaker’s neutrality – mandatory resignation from political party upon election.

    Amend Rule 374A – require House concurrence for suspensions beyond one day.

    Limit Speaker’s Role in Anti-Defection Law- In the Keisham Meghachandra Singh case, the Supreme Court suggested that the current system could be replaced by a permanent tribunal.

    Introduce legislative due process – guarantee minimum debate standards. (Inspired by Rosalind Dixon’s theory of legislative dysfunction and Israel’s Quantinsky v. Knesset (2021), which annulled a rushed tax law for violating principle of participation.)

    Create a Standing Committee on Parliamentary Procedures to oversee the Speaker’s administrative decisions, particularly related to the agenda-setting and motion approvals.

    As M. Venkaiah Naidu observed, debate, discussion, and decision, which form the edifice of parliamentary democracy.” A truly impartial Speaker is the cornerstone of that edifice.

  • Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples.

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy. The DRSCs, introduced in 1993, are vital to ensure continuous and informed Parliamentary control over executive.

    Composition

    Total 24 DRSCs- 16 under LS and 8 under RS.

    31 Members – 21 from Lok Sabha and 10 from Rajya Sabha

    Chairperson- Appointed by the Speaker of the Lok Sabha

    Tenure- nominated annually

    Role and Contribution of DRSCs

    Detailed Legislative Scrutiny – examine Bills clause by clause, preventing hasty or poorly drafted laws. Eg The IT Committee (2019) proposed key revisions to the Personal Data Protection Bill.

    Financial Oversight – scrutinise Demands for Grants and expenditure trends of ministries, ensuring fiscal prudence.

    Policy Review and Evaluation – Assess the performance of ministries and flagship schemes, suggesting reforms for better outcomes.

    Expert Consultation – Invite domain experts, civil society, and industry to facilitate evidence-based policymaking.

    Non-Partisan Deliberation – Function as bipartisan forums that foster cooperation beyond party lines.

    Continuous Oversight – Operate throughout the year, ensuring sustained monitoring even when Parliament is not in session.

    Transparency and Accountability – Their reports promote executive accountability and strengthen parliamentary control over administration.

    Knowledge Enhancement – Equip MPs with technical and subject expertise, improving legislative quality and policy insight.

    Issues-

    Transparency Concerns- Meetings held behind closed doors, with no published minutes.

    Non-binding Recommendations allow bypassing of detailed bill scrutiny.

    Limited Research Support limits committee’s ability to conduct thorough analysis and research.

    Selective Referral of Bills- During the term of 17th Lok Sabha, 19% of reports by DRSCs were on subjects other than Bills and budgets.

    One-year tenure provides limited time for members to specialize in specific areas, impacting scrutiny depth.

    Weak attendance of MPs and handling multiple ministries burdens the committee, hindering effective scrutiny and functioning.

    Way Forward-

    The National Commission to Review the Working of the Constitution (2002) recommended providing dedicated research support to committees.

    Establish a dedicated research cell for each DRSC, similar to the Congressional Research Service (CRS) in the US.

    Mandatory Response from Government within a fixed timeline (e.g., 3 months) to DRSC recommendations.

    Ensure Transparency- A “Committee Action Report” should be tabled in Parliament detailing the status of recommendations.

    The DRSCs remain crucial instruments of accountability, ensuring executive discipline and informed lawmaking.

  • Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.

    Legislative Councils (Vidhan Parishads) are the upper chambers in certain states, designed to act as a revisory and deliberative body.

    Constitutional Provisions

    Article 168 – Provides for a bicameral legislature (Governor, Assembly, and Council) in few states.

    Article 169 – Parliament may create or abolish a Council by law if the State Assembly passes a resolution by special majority.

    Article 171 – Defines composition–

    1/3 elected by MLAs,

    1/3 by local bodies,

    1/12 by teachers,

    1/12 by graduates,

    1/6 nominated by Governor (eminent persons).

    Article 172(2) – Council is a permanent body, one-third retiring every two years.

    Article 182-184 – Deal with Chairman, Deputy Chairman, and conduct of business.

    Current Status

    Six states currently have Legislative Councils- UP, Bihar, Maharashtra, Karnataka, Telangana, Andhra Pradesh.

    Previously existed in Tamil Nadu, West Bengal, Punjab, J&K but later abolished.

    Working and Role

    Deliberative Function- Reviews legislation. Eg- Andhra Pradesh Council played a pivotal role in the Land Titling Bill (2023).

    Representative Function- Includes teachers, graduates, and professionals – ensuring diversity in law-making.

    Check on Hasty Legislation- Provides a “cooling chamber” function to prevent rushed or populist law-making by the Assembly.

    Continuity- Being a permanent house, ensures governance continuity even when the Assembly dissolves.

    Serves as a forum for experienced legislators and experts to contribute to policymaking, even if not elected directly.

    Challenges

    Limited Powers- Can delay ordinary bills for 4 months and money bills for 14 days, but cannot veto.

    Political Patronage- Used to accommodate defeated leaders.

    Low Productivity- Weak participation and debate quality in several states.

    Financial Burden- Maintenance cost often exceeds functional utility.

    Unequal Representation- Teacher and graduate constituencies have low turnout and poor inclusivity.

    Way Forward

    Reform Composition- Include women, professionals, civil society members.

    Define Role Clearly- Give Councils specific review and policy oversight functions.

    Regular Evaluation- Periodic performance audits to justify continuance.

    Curb Political Misuse- Transparent nomination and election process.

    Legislative Councils reflect India’s deliberative democratic ethos. With reforms, they can evolve from political parking spaces into effective revisory institutions upholding constitutionalism.

    Judiciary

  • Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha.

    The Vice-President of India, under Article 64 of the Constitution, is the ex-officio Chairman of the Rajya Sabha (Council of States).

    Role of the Vice-President

    Presiding Authority – The Vice-President, as ex-officio Chairman, conducts proceedings, maintains order and decorum, and ensures smooth legislative functioning.

    Regulator of Debates – Allocates time, permits discussions, and ensures equal opportunity to both treasury and opposition benches.

    Interpreter of Rules – Decides points of order and interprets parliamentary rules to maintain procedural consistency.

    Casting Vote – Does not ordinarily vote but exercises a casting vote in case of a tie, ensuring impartial decision-making.

    Promotes Deliberation – Facilitates meaningful debates and consensus-building, enabling Rajya Sabha to act as a House of Review.

    Upholds Federal Balance – Protects state interests and ensures fair representation of diverse regional perspectives.

    Encourages Transparency – Ensures proceedings are open and accessible (e.g., live telecast of sessions) to enhance accountability.

    Maintains Impartiality – Expected to act above party lines, setting high ethical standards in conduct.

    Limitations of the Vice-President Compared to the Speaker of Lok Sabha

    Does not preside over joint sittings of Parliament (Article 118).

    The Vice-President cannot suspend or expel MPs for disorderly conduct, unlike the Speaker who can act under Rules 373 and 374A.

    No Role in Money Bills under Article 110.

    No Power Over Confidence Motions

    The Vice-President as Chairman ensures that the Rajya Sabha functions as the House of sober second thought, balancing federal interests and national priorities.

  • Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalization of Indian Parliament?

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy. It is an essential mechanism of legislative oversight, promoting informed, bipartisan, and continuous accountability.

    Structure of the Parliamentary Committee System

    Standing Committees (Permanent in Nature)-

    Department-related Standing Committees (DRSCs) – 24 in number; examine Bills, budgets, and policies of ministries.

    Financial Committees – Public Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings (COPU).

    Housekeeping Committees – e.g., Business Advisory Committee, Committee on Subordinate Legislation, etc.

    Ad hoc Committees (Temporary in Nature)- Constituted for specific purposes – e.g., Joint Parliamentary Committee (JPC) on the 2G Spectrum Scam (2011) and Waqf Amendment Bill.

    Importance of Parliamentary Committees

    Ensuring Fiscal Accountability – Committees like PAC scrutinize CAG reports, ensuring that public funds are used efficiently and lawfully.

    Continuous Executive Oversight – They enable ongoing parliamentary supervision over expenditure, even when Parliament is not in session.

    Strengthening Audit Mechanism – The PAC’s linkage with CAG institutionalizes the audit process, reinforcing transparency in governance.

    Promoting Rational Budgeting – The Estimates Committee evaluates expenditure patterns and recommends economy and efficiency in public spending.

    Enhancing PSU Accountability – The Committee on Public Undertakings (COPU) monitors performance and financial health of PSUs, promoting corporate discipline.

    Institutional Continuity – These committees function annually, ensuring regular scrutiny beyond political cycles.

    Evidence-Based Decision Making – Reports are based on expert testimony and data, improving quality of legislative oversight.

    Non-Partisan Deliberation – Work in committees is largely bipartisan, reducing political confrontation seen in the House.

    Public Transparency – Publication of reports increases citizen awareness and reinforces Parliament’s role as a watchdog of the executive.

    Institutional Memory Building – The accumulated reports and recommendations create a repository of fiscal best practices for future governance.

    Challenges-

    Non-binding recommendations and lack of discussion on parliamentary reports

    Fewer bills referred- In the 15th Lok Sabha -71%, 16th Lok Sabha -27% and in 17th Lok Sabha -16% of the bills introduced were referred to the committees.

    Lack of specialised knowledge among members in financial and economic matters leads to superficial scrutiny.

    Bulky CAG and budgetary reports result in inadequate time for detailed examination.

    Post mortem analysis- This lowers the quality of oversight and recommendations.

    Political influence often causes biased decision-making and undermines objectivity.

    Lack of Public Awareness and Transparency- Committee proceedings are held behind closed doors.

    Way Forward

    Implement ARC & NCRWC suggestions for expert support units and public disclosure of reports.

    Enhance capacity-building of MPs on financial management.

    Make committee recommendations time-bound and mandatory for government response.

    In the words of Woodrow Wilson, “Congress in session is Congress on public exhibition, while Congress in its committee rooms is Congress at work.”

  • Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.

    Article 178 provides for Presiding Officers of state legislatures. According to Nehru,’Speaker represents dignity & freedom of house & as House represents nation, Speaker becomes a symbol of nation’s freedom & liberty.’

    Role in Maintaining Order

    Presiding Over Sessions – Conducts proceedings, enforces rules of procedure, and ensures smooth functioning of the House.

    Maintaining Order and Decorum – Eg- suspension under Rule 374A equivalent.

    Regulating Debates – Allots time to members, ensures balanced participation from treasury and opposition benches.

    Decision on Points of Order – Interprets procedural rules and resolves disputes.

    Certification Authority – Certifies Money Bills and authenticates proceedings.

    Safeguards the sanctity of legislative decision-making through accurate voting processes.

    Role in Upholding Impartiality

    Neutral Arbiter – Acts above party lines, ensuring equal treatment of all members.

    Adjudicator under Anti-Defection Law (Tenth Schedule) – Decides on disqualification of members.

    Protection of Members’ Privileges – Defends legislative freedom of speech and expression within the House.

    Guardian of Legislative Autonomy – Ensures the executive’s accountability to the legislature, maintaining separation of powers.

    Promoting Transparency – Ensures publication of debates, committee reports, and live telecast of proceedings to strengthen public trust.

    Facilitating Best Democratic Practices

    Encouraging Committee System – Strengthens Departmental Standing Committees for detailed policy review.

    Enhancing transparency and accountability – Eg- live telecast of sessions

    Training & Capacity Building of MLAs – Enhances understanding of legislative procedures and constitutional duties.

    Upholding Minority Rights – Protects the voice of opposition and smaller parties within the assembly.

    Adherence to Constitutional Morality – Ensures decisions reflect constitutional values rather than political expediency.

    Coordination with Lok Sabha & Other States – Fosters uniform parliamentary standards and best practices nationwide.

    Concerns Affecting Impartiality

    Partisan Bias in disqualification cases (e.g., Maharashtra, Manipur Assemblies, 2020-23).

    Executive Pressure in agenda-setting and session duration.

    Lack of Codified Conventions for neutrality and ethical norms.

    Absence of Independent Oversight of the Speaker’s procedural decisions.

    A truly impartial Speaker is the cornerstone of the edifice of parliamentary democracy.