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GS Paper: Parliament & State Legislatures

  • Govt forms committee on simultaneous elections: What is the idea, and the arguments around it?

    What’s the news?

    • The government forms a committee to explore the possibility of One Nation, One Election.

    Central idea

    • In a significant move, the Indian government has established a committee under the leadership of former President Ram Nath Kovind to delve into the viability of implementing the concept of one nation, one election. This proposal coincides with the announcement of a special parliamentary session scheduled between September 18 and 22, with its specific agenda undisclosed.

    Historical Context

    • Independent India’s initial elections featured simultaneous Lok Sabha and state assembly polls. However, the synchronized cycle was disrupted due to various political changes, including the rise of regional parties.
    • Over time, some states aligned their assembly elections with the Lok Sabha polls, while others maintained separate cycles.
    • Prime Minister Narendra Modi has consistently advocated for the synchronization of Lok Sabha and state assembly elections.
    • He announced the formation of a committee in June 2019 after his re-election, intending to explore this concept in consultation with political party leaders.

    Arguments in Favor of Simultaneous Elections

    • Cost Efficiency: Conducting multiple elections throughout the year consumes significant resources. Synchronizing elections could lead to substantial cost savings by consolidating administrative efforts, reducing expenses, and optimizing resource allocation.
    • Effective Governance: Frequent elections disrupt governance as the Model Code of Conduct restricts policy announcements. Simultaneous elections could ensure uninterrupted policy implementation and governance, benefiting citizens with a consistent and focused administration.
    • Resource Rationalization: Organizing elections requires considerable manpower, security personnel, and financial resources. Simultaneous elections would streamline resource allocation, reducing the strain on logistical arrangements and personnel deployment.
    • Enhanced Voter Participation: Coordinated elections could potentially boost voter turnout by creating a sense of importance and urgency among citizens to participate in a comprehensive electoral process.
    • Engagement of security forces: Deployment of security forces is normally throughout the elections and frequent elections take away a portion of such armed police force which could otherwise be better deployed for other internal security purposes.
    • Impact on social fabric: Frequent elections perpetuate caste, religion, and communal issues across the country as elections are polarising events that have accentuated casteism, communalism, and corruption.
    • Focus on populist measures: Frequent elections will impact the focus of governance and policymaking as it forces the political class to typically think in terms of immediate electoral gains rather than focus on long-term programs and policies.

    Arguments Against Simultaneous Elections

    • Logistical Challenges: Coordinating elections across states and levels of government presents significant logistical challenges, including the availability of polling stations, security arrangements, and managing a large-scale operation.
    • Regional Representation: Simultaneous elections may favor national parties over regional ones, leading to a reduction in the representation of regional issues and undermining the diversity of political voices.
    • Disruption on Government Collapse: If a government collapses before its term concludes, simultaneous elections could lead to a prolonged period of political uncertainty and governance instability at both state and national levels.
    • Constitutional Amendments: Implementing simultaneous elections necessitates extensive amendments to the Constitution, electoral laws, and parliamentary procedures, which may require complex negotiations and consensus-building.
    • Impact on Federal Structure: Simultaneous elections might blur the distinction between state and national issues, potentially weakening the federal structure and eroding the autonomy of state elections.
    • Electoral Commission Capacity: Coordinating simultaneous elections would place a significant burden on the Election Commission’s resources, possibly affecting the efficiency and credibility of the electoral process.
    • Complexity of the Anti-Defection Law: Simultaneous elections could complicate the implementation of the anti-defection law, potentially leading to legal challenges and political instability.
    • Suppression of Diverse Voices: A single overarching election campaign might overshadow regional concerns and reduce the space for a diverse range of opinions and local issues.

    Previous Considerations and Recommendations

    • Election Commission’s 1983 Suggestion: In 1983, the Election Commission proposed the idea of holding simultaneous elections to the Lok Sabha and state legislative assemblies.
    • The Law Commission’s 1999 Recommendation: The Law Commission, led by Justice B.P. Jeevan Reddy, presented its 170th report in May 1999. The report recommended exploring a system where elections for the Lok Sabha and all legislative assemblies are held simultaneously.
    • Atal Bihari Vajpayee’s Effort (2003): In 2003, then Prime Minister Atal Bihari Vajpayee discussed the concept with Congress President Sonia Gandhi. Though initial discussions were positive, the idea did not gain traction beyond that point.
    • L.K. Advani’s Proposal (2010): In 2010, BJP leader L.K. Advani proposed fixed-term legislatures and simultaneous Lok Sabha and Assembly elections. He emphasized the need to avoid frequent elections for the stability of governments.
    • Election Commission’s Support (2019): In 2019, Chief Election Commissioner Sunil Arora expressed support for the idea of simultaneous elections, calling it a desirable goal. He suggested aligning the terms of state assemblies with the life of the Parliament for successful implementation.
    • Parliamentary Standing Committee (2015): The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, led by E.M. Sudarsana Natchiappan, compiled a report in 2015. The report highlighted benefits such as reduced expenditure, policy continuity, and a minimized impact on essential services during election times.
    • Law Commission’s Draft Report (2018): In August 2018, the Law Commission, under the leadership of Justice B.S. Chauhan, drafted a report stating that simultaneous elections couldn’t be held within the existing constitutional framework. The Commission recommended amendments to the Constitution, the Representation of the People Act 1951, and parliamentary procedures for its implementation. The report suggested that at least 50% of states ratify constitutional amendments.

    Contemporary Perspectives

    • BJP’s Manifesto (Recent Years): The BJP included the idea of “one nation, one election” in its election manifesto, viewing it as a means to streamline the electoral process and minimize disruptions caused by frequent elections.
    • Opposition’s Reservations (2023): In 2023, leaders from parties such as Jharkhand Mukti Morcha, Shiv Sena (UBT), and the Congress have expressed opposition to the idea of simultaneous elections. They argue that it could diminish the importance of state elections and regional parties, leading to their overshadowing by national leaders.

    Way forward?

    • The standing committee recommended a cycle of elections, according to which elections to some legislative assemblies whose term end within six months to one year before or after the election date could be held during the midterm of Lok Sabha . For the rest of the states, elections could be held along with the general elections to Lok Sabha.
    • Cost can be brought under control by ensuring that the legal cap on expenditure of candidates is followed by all parties.
    • Accomplishing one year one election will be easier as it doesn’t require as many legal amendments as simultaneous polls for which the Centre will have to make five amendments to the Constitution.

    Conclusion

    • The concept of one nation, one election remains a subject of ongoing deliberation in Indian politics. While proponents emphasize its potential advantages, critics raise valid concerns about its implementation and impact on regional dynamics. The future of this proposal will depend on how these considerations are navigated in the evolving political landscape of India.
  • What is No-Confidence Motion?

    Central Idea

    • Opposition parties belonging to the new Alliance INDIA plan to move a no-confidence motion against the government to force the PM to speak on Manipur unrest.

    Motion of No-Confidence

    • In the Indian parliamentary system, a motion of no-confidence plays a crucial role in assessing the government’s strength and accountability.
    • This motion allows opposition parties or any member to express their lack of confidence in the Council of Ministers, leading to a significant political event.

    Procedure for No-Confidence Motion:

    • Rule 198: The procedure for a no-confidence motion is laid down under Rule 198 of the rules of procedure and conduct of the Lok Sabha.
    • Absence of Grounds: Such does not require specific grounds to be mentioned in the motion, and even if mentioned, these grounds do not form part of the motion.
    • Lok Sabha Exclusive: It can only be moved in the Lok Sabha and not in the Rajya Sabha.
    • Written Notice: Any member of the Lok Sabha can move a no-confidence motion by providing a written notice before 10 am.
    • Acceptance and Discussion: For the motion to be accepted, a minimum of 50 members must support it. Once accepted, the Speaker announces the date for the motion’s discussion within 10 days.
    • Voting: Voting can be conducted through a voice vote, division vote (using electronic gadgets, slips, or a ballot box), or a secret ballot vote.

    Implications of Voting

    • Majority Decision: Following the vote, the side with the majority determines the motion’s outcome.
    • Speaker’s Role: In the event of a tie, the Speaker casts the deciding vote to resolve the impasse.

    Outcomes

    • Government Resignation: If the government fails to prove its majority in the House, it is obligated to resign from power.
    • Political Impact: A successful no-confidence motion can lead to significant political changes and reshuffling of the government.

    Try this PYQ:

    Q. Consider the following statements regarding a No-Confidence Motion in India:

    1. There is no mention of a No-Confidence Motion in the Constitution of India.
    2. A Motion of No-Confidence can be introduced in the Lok Sabha only.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

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  • What is an adjournment motion, moved by Congress MPs in Parliament?

    adjournment

    What’s the news?

    • In the second day of the Monsoon Session of Parliament, the Lok Sabha witnessed adjournment proceedings as Opposition parties demanded an urgent discussion on the alleged sexual assault of women in Manipur amid the ongoing ethnic violence in the state.

    Central idea

    • Congress MPs moved adjournment motions, urging Prime Minister Narendra Modi to address the matter and uphold the government’s constitutional commitment to protect religious minorities and Scheduled Tribes. This article will delve into the concept of adjournment motions and their differences from other parliamentary motions raised in Indian Parliament.

    What is an adjournment motion?

    • An adjournment motion is a parliamentary procedure used to raise an issue of urgent public importance that requires immediate discussion and debate.
    • It allows Members of Parliament (MPs) to interrupt the regular business of the house and seek the attention of the entire house on a specific matter that is deemed pressing and critical.
    • Adjournment motion can be moved in the Lok Sabha by any member who seeks the Speaker’s consent to discuss a definite matter of urgent public importance.
    • The notice for an adjournment motion must be given before 10 am to the Lok Sabha Secretary-General on the day it is to be raised.

    Parliamentary Procedures in Indian Parliament

    • Members of Parliament in both the Lok Sabha and Rajya Sabha have various procedures to draw attention to relevant issues.
    • There are four main procedures under which discussions can take place in the Lok Sabha – a debate without voting under Rule 193, a motion (with a vote) under Rule 184, an adjournment motion, and a no-confidence motion.
    • Similar measures, except no-confidence motion, also exist in the Rajya Sabha.

    Rule 193: Short Duration Discussion

    • Under Rule 193 of the Lok Sabha’s rules and Rule 176 of the Rajya Sabha’s rules, Short Duration Discussions can take place.
    • These discussions require the Chairman or Speaker’s satisfaction that the matter is urgent and of sufficient public importance.
    • The Chairman or Speaker can then fix a date for discussion, allowing a time period of up to two and a half hours.
    • Disagreements over the rule to invoke led to the adjournment of the Rajya Sabha on the issue of Manipur.

    Rule 184: Motion with a Vote

    • A motion on a matter of general public interest can be admitted under Rule 184 if it satisfies certain conditions.
    • The motion should not contain arguments, inferences, ironical expressions, imputations, or defamatory statements.
    • It must be restricted to a recent occurrence and cannot pertain to a matter pending before any statutory authority, commission, or court of enquiry.
    • The Speaker can allow such a motion to be raised at his own discretion, and a time period for discussion can be allotted.

    Significance of the adjournment motion

    • It allows the Parliament to discuss pressing matters promptly, ensuring that critical issues do not get overlooked or delayed.
    • It serves as a tool for holding the government accountable for its actions or inactions.
    • By raising urgent matters and initiating discussions, MPs can seek clarifications, explanations, and government responses, which promotes transparency in governance.
    • The discussions resulting from an adjournment motion bring urgent matters into the public domain, raising awareness among citizens about significant issues affecting the country.
    • The government is obligated to address the concerns raised during the adjournment motion debate.
    • It provides an opportunity for the government to present its stance, actions, and plans to address the issue, thus ensuring greater accountability.
    • It empowers the Opposition to raise important issues and bring government shortcomings to the forefront.
    • It gives them a platform to voice dissent and critique government policies, fostering healthy democratic debates.

    Criticisms over the adjournment motion

    • The adjournment motion, once admitted, disrupts the regular proceedings of the house.
    • Other important legislative business, debates, or bills scheduled for that session may get delayed or postponed, affecting the overall productivity of the Parliament.
    • The debate resulting from an adjournment motion can be time-consuming
    • Some critics argue that the adjournment motion overlaps with other parliamentary motions, such as the calling attention motion and the motion for an urgent discussion, which also provide opportunities to discuss urgent matters.
    • In some cases, the adjournment motion can be misused for political purposes rather than genuinely addressing urgent matters.
    • While the adjournment motion raises urgent matters and demands government attention, it does not guarantee immediate action or resolution.

    Conclusion

    • The recent demand for an urgent discussion on the ethnic violence in Manipur through an adjournment motion resulted in the Lok Sabha’s adjournment. Parliament has various procedures to address relevant issues, each with its own set of conditions and implications. As the proceedings are set to resume, it remains to be seen how the government and Opposition parties will navigate the demands for discussion on this critical matter.

    Also read:

    Short Duration Discussions in Parliament

  • Short Duration Discussions in Parliament

    Central Idea

    • The Opposition called for the suspension of all other business under Rule 267 to discuss the Manipur issue, while the government preferred a “Short Duration Discussion” under Rule 176.
    • Understanding the nuances of these rules and their implications is essential for effective parliamentary discussions.

    Rule 267: Suspension of Business

    • Overview: Rule 267 allows Rajya Sabha MPs to suspend all listed business and engage in discussions on matters of national importance.
    • Consent and Suspension: As per the Rules of Procedure and Conduct of Business in Rajya Sabha, any member can seek the Chairman’s consent to suspend the application of a rule related to the day’s listed business.
    • Temporary Suspension: If the motion receives approval, the concerned rule is temporarily suspended.

    Short Duration Discussions under Rule 176

    • Brief Duration Discussions: Rule 176 facilitates short-duration discussions in Rajya Sabha, lasting up to two-and-a-half hours.
    • Notice and Explanatory Note: MPs desiring to raise urgent public matters must provide a written notice to the Secretary-General, including an explanatory note justifying the discussion.
    • Scheduling and Procedure: The Chairman, in consultation with the Leader of the Council, schedules the discussion without formal motions or voting.
    • Statement and Reply: The member who issued the notice presents a brief statement, followed by a concise reply from the Minister.

    Contention Surrounding Rule 267

    • Opposition’s Discontent: The Opposition expresses discontent as their notices under Rule 267 have not been addressed recently.
    • Past Precedents: In the past, several discussions on diverse subjects occurred under this rule during different Chairmen’s tenures.
    • Misuse of Rule: Experts suggest that Rule 267 is being misused as a substitute for the adjournment motion in Lok Sabha, where discussions involve motions with elements of censure, which do not apply to Rajya Sabha.

    Why discuss this?

    • Parliamentary debates hold significant value in addressing pressing public matters and discussing issues critical to the nation.
    • They provide a platform for representatives from various political parties to engage in informed discussions, leading to more effective decision-making and improved governance.
  • PRISM: 24-hr hotline for MPs Research

    Central Idea

    • Lok Sabha Speaker has established ‘PRISM’ a 24-hour research reference telephone hotline for Members of Parliament (MPs) to provide assistance with policy issues.

    What is PRISM?

    • The Parliamentary Research and Information Support for Members of Parliament (PRISM) offers round-the-clock services, including weekends during Parliament Sessions.
    • It aims to support first-term MPs and those without extensive secretarial teams who may find it daunting to speak in Parliament on policy matters.
    • A team of 30-32 officers serves on the hotline on a rotational basis to provide research and reference support.

    Usage and Enquiries

    • Between 2019 and 2023, 87% of MPs have utilized either online or offline reference services, which are also shared through WhatsApp and email.
    • Enquiries mainly focused on bills such as the Juvenile Justice Bill, Wildlife Protection Bill, and short-duration discussions on topics like climate change, drug abuse, and price rise.

    Need for PRISM

    • First-term MPs often face challenges when asked to speak on bills without extensive research support.
    • The hotline and reference services have proven invaluable in assisting MPs, allowing them to contribute effectively to debates and discussions.
    • The initiative has particularly aided MPs who may not be proficient in English or Hindi, enabling them to raise pertinent issues in Parliament.

    Significance

    • Parliament can be a fragmented environment, with various cliques and clubs forming over the years.
    • Backbenchers, in particular, often spend much time in obscurity.
    • The research and reference services provided by PRISM can make these years on the backbench more productive by facilitating informed participation in policy debates.

     

  • [VERY IMPORTANT] Executive Democracy vs Parliamentary Democracy

    Parliament

    Central Idea

    • The recent inauguration of a new Parliament building in India was accompanied by both grandeur and controversy. While the exclusion of the President and the symbolic gestures surrounding the Sengol stirred significant debate, there is a deeper issue that remains overlooked the growing subordination of Parliament in India’s parliamentary democracy and the emergence of Executive democracy.

    What is mean by Parliamentary Democracy?

    • Parliamentary democracy is a form of government in which the executive branch, headed by a Prime Minister or equivalent position, derives its legitimacy and authority from the legislative branch, known as Parliament. In this system, the executive is accountable to Parliament and relies on its support to govern effectively.

    What is mean by Executive Democracy?

    • Executive democracy refers to a form of governance where the executive branch of government holds a dominant or disproportionate amount of power and influence compared to other branches, such as the legislature or judiciary. In an executive democracy, the executive branch, usually headed by a President or Prime Minister, exercises significant control over policy-making and decision-making processes

    Executive Democracy vs. Parliamentary Democracy

    Aspect Executive Democracy Parliamentary Democracy
    Concentration of Power Executive branch holds dominant power and control Power is shared between executive and legislature
    Decision-making Decisions made primarily by the executive Decisions made through deliberation in Parliament
    Checks and Balances Limited checks on executive power Robust system of checks and balances
    Accountability Limited avenues for holding executive accountable Strong mechanisms to ensure executive accountability
    Legislative Influence Legislature may have limited influence Legislature plays a significant role in shaping policies
    Separation of Powers Potential for blurred separation of powers Clear separation of powers between branches
    Opposition Role Opposition may have limited influence Opposition has an important role in holding the government accountable
    Civic Engagement Limited avenues for civic engagement Opportunities for civic engagement and participation
    Pluralism and Representation Potential for limited representation of diverse interests Emphasis on diverse representation and pluralism
    Policy Stability Potentially streamlined decision-making Decision-making through debate and deliberation
    Potential for Authoritarianism Increased risk of authoritarian tendencies Strong democratic safeguards against authoritarianism

    How the safeguards against executive dominance are being diluted?

    • Intra-Party Dissent: The anti-defection law, introduced through the Tenth Schedule to the Constitution in 1985, suppresses intra-party dissent by disqualifying members who defy the party whip. Despite its intention to curb horse-trading and unprincipled floor-crossing, this law has reinforced the power of party leadership, particularly the executive, while making intra-party dissent more difficult due to the risk of disqualification from Parliament.
    • Limited Space for Opposition: Unlike other parliamentary democracies, the Indian Constitution does not allocate specific space for the political opposition in the House. As a result, parliamentary proceedings are largely under the control of the executive, leaving no constitutional checks on how that control is exercised. This hampers the opposition’s ability to hold the executive accountable.
    • Partisan Speakers: The Speaker, who should be an impartial authority representing the interests of Parliament, often acts in a partisan manner.
    • Undermining the Role of the Upper House: The Upper House’s role is further undermined by the misclassification of bills and the constitutional power to issue ordinances. Ordinances, meant for emergency situations when Parliament is not in session, are increasingly used as a parallel process of law-making, bypassing the scrutiny of the Upper House and creating a fait accompli.

    Parliament

    The implications of executive dominance

    • Weakened Checks and Balances: Executive dominance can undermine the system of checks and balances that is vital for democratic governance. When the executive branch holds excessive power, the ability of other institutions, such as the legislature and judiciary, to effectively monitor and limit executive actions can be compromised.
    • Reduced Accountability: The concentration of power in the executive can diminish accountability mechanisms. Transparency and oversight mechanisms may suffer, limiting public scrutiny and the ability to hold the government accountable for its decisions, actions, and policies.
    • Limited Legislative Influence: Executive dominance may curtail the influence and effectiveness of the legislature. The executive may have significant control over the legislative agenda, which can limit the ability of lawmakers to shape policies, propose amendments, and exercise meaningful oversight.
    • Diminished Role of Opposition: Executive dominance can marginalize the role and impact of the political opposition. With limited avenues to influence decision-making, the opposition’s ability to present alternative viewpoints, challenge government actions, and hold the executive accountable may be restricted.
    • Impaired Deliberative Democracy: Executive dominance may result in limited deliberation and debate on important legislative matters. When decision-making is centralized in the executive, opportunities for comprehensive discussion, public input, and the exploration of diverse perspectives may be diminished.
    • Potential for Policy Capture: Concentrated executive power can create opportunities for special interest groups or powerful individuals to exert undue influence over policy decisions. This can lead to policy capture, favoritism, and a lack of equitable representation of diverse interests.
    • Threat to Judicial Independence: Executive dominance can pose risks to the independence of the judiciary. The executive’s influence over judicial appointments and the potential for encroachment on the judiciary’s autonomy can undermine the impartial administration of justice and compromise the protection of individual rights.
    • Democratic Backsliding: Excessive executive dominance without proper checks and balances can contribute to democratic backsliding. It can erode democratic norms, undermine institutional integrity, and potentially lead to authoritarian tendencies.

    Facts for prelims: key constitutional provisions related to India’s parliamentary democracy

    Constitutional Provision Description
    The Preamble Declares India as a sovereign, socialist, secular, and democratic republic
    Article 79 Establishes the Parliament of India as the supreme legislative body
    Article 74 Outlines the role and powers of the President as the head of the executive branch
    Article 75 Deals with the appointment and powers of the Prime Minister
    Article 86 Outlines the powers and functions of the Rajya Sabha (Upper House of Parliament)
    Article 105 Grants privileges and immunities to members of Parliament
    Article 266 Establishes the Consolidated Fund of India and Contingency Fund of India
    Article 368 Outlines the procedure for amending the Constitution of India
    Article 226 Grants High Courts the power to issue writs and remedies for the enforcement of rights and laws

    Parliament

    Way forward: Restoring the prominence of Parliament

    • Review and Amend the Anti-Defection Law: Revisit the anti-defection law, Tenth Schedule of the Constitution, to strike a balance between party discipline and intra-party dissent. The law should focus on curbing unprincipled floor-crossing while allowing space for lawmakers to express dissenting views within their parties.
    • Strengthen Opposition Rights: Allocate specific space and time for the political opposition in the House to hold the executive accountable. Consider implementing sessions like Prime Minister’s questions, where the Prime Minister faces direct questioning from the Leader of the Opposition and other politicians.
    • Enhance Impartiality of the Speaker: Encourage the Speaker to act independently and impartially by introducing reforms that require the Speaker to relinquish party membership and impose constitutional obligations to ensure neutrality and fairness in conducting House proceedings.
    • Preserve the Role of the Upper House: Protect the role and importance of the Upper House, the Rajya Sabha, by ensuring that bills are not misclassified as “money bills” to bypass its scrutiny. Limit the misuse of ordinances to maintain the integrity and effectiveness of the legislative process.
    • Strengthen Parliamentary Oversight: Enhance the capacity of parliamentary committees to scrutinize executive actions, policies, and budgets effectively. Provide them with adequate resources and powers to conduct thorough investigations and hold the government accountable.
    • Public Participation and Transparency: Promote public participation in the legislative process by making parliamentary proceedings more accessible to the public through live streaming, public consultations, and the dissemination of information. Enhance transparency by ensuring timely publication of bills, reports, and other parliamentary documents.
    • Judicial Independence and Judicial Review: Uphold the independence of the judiciary and ensure that it acts as a strong check on executive power. Respect the decisions of the judiciary and safeguard its autonomy to ensure that laws and executive actions align with the constitution and protect individual rights.

    Conclusion

    • While the inauguration of a new Parliament building attracts attention, it is imperative to address the underlying issue of the increasing subordination of Parliament in India’s democracy. Restoring the prominence of Parliament in the democratic process necessitates comprehensive constitutional changes and reforms. Only then can India reclaim its status as a robust parliamentary democracy.

     

  • [VERY IMPORTANT]: Performance of 17th Lok Sabha: Challenges and Concerns

    Lok Sabha

    Central Idea

    • India’s new Parliament building, inaugurated by Prime Minister Narendra Modi, symbolizes the aspirations of 140 crore Indians. However, as the 17th Lok Sabha nears its final year, it faces scrutiny over its performance.

    Performance of 17th Lok Sabha

    • Sitting Days: The 17th Lok Sabha has functioned for 230 sitting days so far. However, if it falls short of surpassing the lowest recorded full-term Lok Sabha (331 sitting days in the 16th Lok Sabha), it would become the shortest full-term Lok Sabha since 1952.
    • Referral of Bills to Committees: There has been a decline in the referral of bills to Parliamentary Standing Committees. Since 2004, only 45% of the total bills introduced in Parliament have been referred to committees. This suggests a potential decrease in comprehensive scrutiny and review of proposed legislation.
    • Legislative Output: The number of bills introduced and passed in the 17th Lok Sabha has seen a decline. Out of the 150 bills introduced, 131 have been passed so far (excluding Finance and Appropriation Bills). The decreasing trend raises questions about the legislative productivity of the Lok Sabha.
    • Budget Discussions: The latest Budget session of the 17th Lok Sabha was one of the shortest since 1952. The limited time dedicated to discussing financial matters, particularly the Budget, raises concerns about the depth of analysis and deliberation on critical fiscal issues.
    • Debates on Matters of Public Importance: The number of debates conducted in the Lok Sabha during the tenure of the 17th Lok Sabha has been limited. There have been only 11 short duration discussions and one half-an-hour discussion, indicating a restricted avenue for robust parliamentary discourse on matters of public importance.
    • Delayed Election of Deputy Speaker: Despite the constitutional provision mandating the election of a Deputy Speaker, the 17th Lok Sabha has not elected one, even as it enters its final year of the five-year term. This delay raises concerns about adherence to constitutional norms and the effective functioning of parliamentary proceedings.

    Value addition box from Civilsdaily

    Lok Sabha Term Total Sitting Days Bills Introduced Bills Passed Average Sitting Days per Year
    15th 2009-2014 357 244 181 71
    16th 2014-2019 331 247 156 66
    17th 2019-2024 Less than 331 (projected) 150 (as of April 2023) 131 (as of April 2023) 58 (projected)

    Why the 17th Lok Sabha’s productivity has been low?

    • Disruptions and Protests: The 17th Lok Sabha witnessed frequent disruptions and protests from opposition parties, leading to a significant loss of time and decreased productivity. Some of the major issues that led to disruptions include the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and farm laws.
    • Lack of Consensus: The ruling party enjoyed a clear majority in the Lok Sabha, but there was still a lack of consensus on many key issues, resulting in a delay in passing important bills and legislation.
    • COVID-19 Pandemic: The COVID-19 pandemic also contributed to the low productivity of the Lok Sabha as many sessions were delayed or cancelled due to safety concerns.
    • Speaker’s Decision: The decision of the Speaker of the Lok Sabha to disallow opposition MPs from raising certain issues also resulted in protests and disruptions, further reducing the productivity of the house.
    • Shorter Sessions: The 17th Lok Sabha had shorter sessions compared to previous Lok Sabhas, which also contributed to lower productivity. Many important bills and issues were left pending as there was not enough time to discuss and debate them thoroughly.

    The concerns associated with the performance of MPs in the old Parliament building

    • Limited Parliamentary Engagement: The limited number of sitting days raises concerns about the MPs’ ability to fully engage in legislative proceedings and address the various challenges and issues faced by the country.
    • Decreased Scrutiny of Legislation: The declining referral of bills to Parliamentary Standing Committees raises concerns about the thorough scrutiny and review of proposed legislation.
    • Legislative Productivity: The decreased number of bills introduced and passed in the 17th Lok Sabha raises concerns about its legislative productivity. This may limit the ability of MPs to address critical issues, propose new policies, and enact necessary reforms, hindering progress and development.
    • Limited Budget Discussions: The shortened Budget sessions and reduced time allocated for financial discussions raise concerns about the depth of analysis and deliberation on critical fiscal matters.
    • Restricted Debates on Public Matters: The limited number of debates conducted in the Lok Sabha raises concerns about the comprehensive discussion and examination of matters of public importance.

    Lok Sabha

    New Parliament Building: An Opportunity for Efficiency

    • Responsible Parliamentary Conduct: Members of Parliament should prioritize constructive and meaningful debates, fostering a culture of respect, collaboration, and consensus-building. It is essential to move away from disruptive tactics and focus on substantive discussions that address the complex governance challenges of our time.
    • Reducing Disruptions: Long periods of deadlock and disruptions hinder the smooth functioning of Parliament. Efforts should be made to minimize disruptions and ensure that discussions remain focused on key issues. Rules and procedures can be reviewed to encourage more disciplined and productive parliamentary conduct.
    • Enhancing Communication and Participation: The new Parliament building, equipped with modern facilities, offers opportunities for better communication and engagement. Members should utilize these resources effectively to engage with constituents, share information, and seek feedback, fostering a more inclusive and participatory democracy.

    Conclusion

    • The performance of MPs in the 17th Lok Sabha is pivotal in driving effective governance and representing the aspirations of the Indian people. It is crucial for MPs to embrace their roles as custodians of democracy, remaining accountable to their constituents and working collectively to shape a brighter future for India.

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    Must read:

    Inauguration of New Parliament House: Shaping the Concept of Aatmanirbhar Bharat
  • Women’s Political Representation in India: Moving Beyond Tokenism

    Representation

    “The progress of a community can be measured by the degree of progress which women have achieve” ——Babasaheb Ambedkar

    Central Idea

    • Women have broken the glass ceiling of patriarchy in various sectors; however, they still face significant barriers to political participation in India. Despite achieving suffrage early, women hold only 14% of seats in the Parliament even 75 years after independence. It is time to acknowledge the systematic exclusion of women from politics and demand action for creating a more equitable political landscape.

    Women’s political participation

    • Role in India’s fight for independence: Women played a crucial role in India’s fight for independence, by organising demonstrations, leading rallies, and raising awareness.
    • Representation in Constituent Assembly: There were numerous female representatives in the Constituent Assembly as well.
    • Women Chief Ministers: Just a decade ago, three of India’s largest States, West Bengal, Tamil Nadu, and Uttar Pradesh, were in the spotlight for being led by women Chief Ministers.
    • For instance: While Sushma Swaraj led the Opposition in the Lok Sabha, Sonia Gandhi served as both President of the Congress Party and Chairperson of the United Progressive Alliance. Also, India had its first woman President, Pratibha Patil around the same time.

    The discourse on women’s reservation

    • Dates back to pre-Independence era: The discourse on women’s reservation in India originates from the pre-Independence era when several women’s organisations demanded political representation for women.
    • 10% of seats in the Legislature: It can be traced back to 1955 when a government appointed committee recommended that 10% of seats in the Lok Sabha and State legislative assemblies should be reserved for women.
    • National Perspective Plan for Women (1988): The National Perspective Plan for Women (1988) recommended that 30% of seats in all elected bodies should be reserved for women.
    • National Policy for the Empowerment of Women: This recommendation was reiterated in the National Policy for the Empowerment of Women, which was adopted in 2001.
    • 33% reservation under Panchayati raj Act: In 1993, the Panchayati Raj Act was amended to reserve 33% of all seats in local government bodies for women, which was a significant step towards women’s political empowerment.
    • Women’s Reservation Bill in Lok Sabha: The success of this reservation led to demands for similar reservations in other elected bodies; in 1996, the Women’s Reservation Bill was introduced in the Lok Sabha. The Bill proposed to reserve one-third of seats in the Lok Sabha and State legislative Assemblies for women. However, facing strong opposition from some political parties it lapsed but gained more momentum again in the early 2000s. On March 9, 2010, the Bill was approved in the Rajya Sabha.

    Why female representation in Parliament and state legislatures remained low?

    • Inaccessibility of Institutions: Election records show that most political parties, though pledging in their constitutions to provide adequate representation to women, in practice give far too few party tickets to women candidates. A study found that a large section of women who do get party tickets have family political connections, or are ‘dynastic’ politicians. With normal routes of accessibility limited, such connections are often an entry point for women
    • Notion of women less likely to win: It is still widely held in political circles that women candidates are less likely to win elections than men, which leads to political parties giving them fewer tickets.
    • Challenging Structural Conditions: Election campaigns in India are extremely demanding and time-consuming. Women politicians, with family commitments and the responsibilities of child care, often find it difficult to fully participate
    • Highly vulnerable: Women politicians have been constantly subjected to humiliation, inappropriate comments, abuse and threats of abuse, making participation and contesting elections extremely challenging.
    • Expensive electoral system: Financing is also an obstacle as many women are financially dependent on their families. Fighting parliamentary elections can be extremely expensive, and massive financial resources are required to be able to put up a formidable contest. Absent adequate support from their parties, women candidates are compelled to arrange for their own campaign financing this is a huge challenge that deters their participation
    • Internalized patriarchy: A phenomenon known as ‘internalized patriarchy’ where many women consider it their duty to priorities family and household over political ambitions.

    Why women participation in law making process is so important?

    • Political empowerment: Legislative representation is fundamental to political empowerment, enabling participation in the law-making process. Legislatures play a vital role in raising debates and discussions on various aspects of governance and in exacting accountability from the government.
    • Shows the status of gender parity: Women’s representation in the national parliament is a key indicator of the extent of gender equality in parliamentary politics.
    • Women bring different skills to politics: According to Political scientist, Anne “women bring different skills to politics and provide role models for future generations; they appeal to justice between sexes.
    • Facilitates specific interests of women in policy: Their inclusion in politics facilitates representation of the specific interests of women in state policy and creates conditions for a revitalized democracy that bridges the gap between representation and participation.
    • Highly effective and less likely to be criminal and corrupt: Study found that, women legislators perform better in their constituencies on economic indicators than their male counterparts also women legislators are less likely to be criminal and corrupt, more efficacious, and less vulnerable to political opportunism.

    How reservation for women in India can help increase political participation?

    • Ensuring representation: Reservation of seats for women in legislatures can ensure that women are represented in decision-making bodies. This can help address the issue of underrepresentation of women in politics.
    • Encouraging women to enter politics: Reservation can provide women with an opportunity to enter politics and participate in the political process. This can help increase the number of women who contest elections and engage in politics.
    • Building capacity: Reservation can help build the capacity of women politicians by providing them with an opportunity to participate in legislative processes and gain experience in politics. This can help them to become effective leaders and represent the interests of women.
    • Changing attitudes: Reservation can help change societal attitudes towards women in politics. It can help create a perception that women are capable of holding political office and making important decisions. This can help break down stereotypes and encourage more women to participate in politics.
    • Promoting gender-sensitive policies: Women politicians can help promote gender-sensitive policies that address issues such as violence against women, gender-based discrimination, and women’s health. Reservation can help ensure that these issues are given due consideration in the legislative process.

    Conclusion

    • Women have been waiting for too long for their right to govern not just for themselves but for the greater common good. Women’s leadership qualities are not hidden from anyone, so the denial of opportunity for political representation represents grave injustice. As India strives to become a Vishwa Guru, we must not overlook the pivotal role women can play in nation building and development. The women’s reservation Bill cannot wait any longer. The Bill must be passed.

    Mains Question

    Q. Women’s leadership qualities are not hidden from anyone, so the denial of opportunity for political representation represents grave injustice. Comment.

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  • Governor’s Constitutional Limits: A Resolution to President

    Central Idea

    • The Tamil Nadu Governor’s recent statement implying that he would not give assent to a Bill passed by the legislature if it transgresses constitutional limits has resulted in the Tamil Nadu Assembly passing a resolution requesting the President of India to issue directions to the Governor to function within constitutional limits.

    Who is Governor?

    • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level.
    • Nominal head: The governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.
    • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including the National Capital Territory of Delhi.
    • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

    New Constitutional Development

    • Passing a resolution by the Assembly requesting the President of India to ensure that the Governor functions within the Constitution is a new constitutional development.

    What are the relevant articles?

    • Article 355: Article 355 of the Constitution states that it is the duty of the Union to ensure that every State’s government is carried out according to the Constitution.
    • R. Ambedkar on Article 355: While the general meaning and purpose of Article 355 was explained by B.R. Ambedkar in the Constituent Assembly, the Constitution’s concepts and doctrines have been interpreted and reinterpreted to meet society’s changing needs
    • Article 200: Although Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature, withholding assent is not an option given by the Constitution.

    Governor’s Discretionary Powers and the confusion of Withholding assent

    • Options to the Governor: Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature.
    • These options are:
    1. To give assent;
    2. To withhold assent;
    3. To send it back to the Assembly to reconsider it; or
    4. To send the Bill to the President for his consideration.
    • Idea of the Third option: In case the Assembly reconsiders the Bill as per the request of the Governor under the third option, he has to give assent even if the Assembly passes it again without accepting any of the suggestions of the Governor.
    • One of the options is required to be exercised:  It is only logical to think that when the Constitution gives certain options to the Governor, he is required to exercise one of them.
    • Sitting on the bill goes against the constitutional direction: Since sitting on a Bill passed by the Assembly is not an option given by the Constitution, the Governor, by doing so, is only acting against constitutional direction. A judicial pronouncement on this matter is needed to eliminate the confusion.

    The issue of justiciability

    Whether the process of assent by the Governor is subject to judicial review?

    • Not justiciable: According to D.D. Basu, quoting judgments of the Supreme Court, it is not justiciable.
    • For instance, Purushothaman Namboothiri vs State of Kerala (1962): In this case the court held that a Bill which is pending with the Governor does not lapse on the dissolution of the Assembly, but this judgment did not deal with the justiciability of the process of assent.
    • Hoechst Pharmaceuticals Ltd. And vs State Of Bihar And Others (1983): In this case the court dealt with the power of the Governor to reserve a Bill for the consideration of the President, and held that the court cannot go into the question of whether it was necessary for the Governor to reserve the Bill for the consideration of the President.
    • Government can challenge the inaction of the Governor in a court of law: The issue that is agitating State governments is the non-decision/indecision on the part of the Governor on a Bill passed by the Assembly. Therefore, the government can challenge the inaction of the Governor in a court of law, and the answer seems to be in the affirmative.

    Way ahead

    • Ensuring constitutional principles are upheld: The state governments and the Governor’s office should work together to establish a mutual understanding of the constitutional provisions and procedures for assent to a bill, with a focus on expediting the process while ensuring constitutional principles are upheld.
    • Avoiding confrontation and legal battles: In case of disagreements between the state government and the Governor, the matter should be resolved through dialogue and mutual agreement, rather than resorting to confrontation and legal battles.
    • Clarity on the issues of justifiability: The Supreme Court could provide clarity on the issue of justiciability of the Governor’s role in assent to a bill, while keeping in mind the constitutional provisions and the principles of federalism.
    • Judicious use of discretionary powers: The Governor should exercise his discretionary powers judiciously and in line with constitutional provisions, without delaying or withholding assent to a bill without any valid reason.
    • Transparent and consultative mechanism: The state government should ensure that bills are passed in a transparent and consultative manner, and the Governor should give due consideration to the views and opinions of all stakeholders before exercising his discretion.
    • Promoting cooperative federalism: There should be a greater emphasis on promoting cooperative federalism, where the Centre, states, and governors work together in a spirit of collaboration and cooperation, while ensuring the protection of the Constitution and the rights of all citizens.

    Conclusion

    • The framers of the Constitution would never have imagined that Governors would sit on Bills indefinitely without exercising any of the options given in Article 200. This is a new development which needs new solutions within the framework of the Constitution. So, it falls to the Supreme Court to fix a reasonable time frame for Governors to take a decision on a Bill passed by the Assembly in the larger interest of federalism in the country.

    Mains question

    1. Passing a resolution by the Assembly requesting the President of India to ensure that the Governor functions within the Constitution is a new constitutional development. In the light of the statement discuss the constitutionality of role of Governor in withholding assent to a bill passed by a state legislature. Suggest a way for this legal battle.

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  • The 17th Lok Sabha: A Short-Lived Parliament with Low Productivity

    17th Lok Sabha

    Central Idea

    • The 17th Lok Sabha is set to complete its five-year term in 2024. However, with only 230 sitting days so far, it is unlikely to surpass the 331 days of the shortest full-term Lok Sabha since 1952. The latest session, the Budget session, was marked by minimal legislative activity and continuous disruptions, with only one item, the Motion of Thanks on the President’s Address, being discussed.

    Low Productivity of the 17th Lok Sabha

    • The Lok Sabha has functioned for only 33% of its scheduled time (46 hours) during the Budget session, with the Rajya Sabha working for 24% (32 hours).
    • The second part of the session was even more unproductive, with the Lok Sabha working for only 5% and the Rajya Sabha for 6% of their scheduled time.
    • The number of Bills introduced and passed has also declined significantly since the first session, with fewer than 10 Bills being introduced or passed in each of the last four sessions.
    • The latest Budget session was also one of the shortest since 1952, with the Lok Sabha spending only 18 hours on financial business, compared to an average of 55 hours in previous Budget sessions of the 17th Lok Sabha.
    Lok Sabha Term Total Sitting Days Bills Introduced Bills Passed Average Sitting Days per Year
    15th 2009-2014 357 244 181 71
    16th 2014-2019 331 247 156 66
    17th 2019-2024 Less than 331 (projected) 150 (as of April 2023) 131 (as of April 2023) 58 (projected)

    Lack of Debates and Discussions

    • Short-duration discussions: The Rules of Procedure of both Houses of Parliament provide for various devices that can be used to draw attention to matters of public importance and hold the government accountable. However, in the 17th Lok Sabha, only 11 short-duration discussions and one half-an-hour discussion have been held so far, and none were held during the latest session.
    • Question Hour: This is despite the fact that the latest session saw the least amount of time spent on questions in the current Lok Sabha. Question Hour functioned for only 19% of the scheduled time in the Lok Sabha and 9% of the scheduled time in the Rajya Sabha.

    Why the Lok Sabha’s productivity has been low?

    • Disruptions and Protests: The 17th Lok Sabha witnessed frequent disruptions and protests from opposition parties, leading to a significant loss of time and decreased productivity. Some of the major issues that led to disruptions include the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and farm laws.
    • Lack of Consensus: The ruling party enjoyed a clear majority in the Lok Sabha, but there was still a lack of consensus on many key issues, resulting in a delay in passing important bills and legislation.
    • COVID-19 Pandemic: The COVID-19 pandemic also contributed to the low productivity of the Lok Sabha as many sessions were delayed or cancelled due to safety concerns.
    • Speaker’s Decision: The decision of the Speaker of the Lok Sabha to disallow opposition MPs from raising certain issues also resulted in protests and disruptions, further reducing the productivity of the house.
    • Shorter Sessions: The 17th Lok Sabha had shorter sessions compared to previous Lok Sabhas, which also contributed to lower productivity. Many important bills and issues were left pending as there was not enough time to discuss and debate them thoroughly.

    Implications of low productivity of the Lok Sabha

    • Delay in passing important bills: When the Lok Sabha is unable to function effectively, it can lead to a delay in passing important bills, which may have an adverse impact on the economy and governance. For example, crucial bills related to taxation, infrastructure, and social welfare may get delayed, affecting the overall progress of the country.
    • Poor quality of legislation: When the Lok Sabha is unable to function effectively, it may lead to poor quality of legislation. There may be a lack of debate and discussion, leading to hasty decision-making and poor-quality laws that may have unintended consequences.
    • Damage to democratic institutions: When the Lok Sabha is unable to function effectively, it can damage the democratic institutions of the country. It can erode the trust of citizens in the democratic process and lead to a feeling of disenchantment and disengagement among the people.
    • Wastage of taxpayers’ money: When the Lok Sabha is unable to function effectively, it leads to wastage of taxpayers’ money. The salaries and allowances of Members of Parliament are paid from the public exchequer, and if they are not able to discharge their duties effectively, it amounts to a waste of taxpayers’ money.
    • Negative impact on investor confidence: When the Lok Sabha is unable to function effectively, it can have a negative impact on investor confidence. Investors may be hesitant to invest in the country, leading to a slowdown in economic growth and development.
    • Lack of accountability: When the Lok Sabha is unable to function effectively, it may lead to a lack of accountability. Members of Parliament may not be held accountable for their actions, and the executive may be able to push through decisions without proper scrutiny or oversight.

    17th Lok Sabha

    Conclusion

    • The 17th Lok Sabha has been marked by low productivity and a lack of debates and discussions, despite the availability of mechanisms to hold the government accountable. The upcoming year is unlikely to see a significant increase in the number of sitting days. This lack of productivity and accountability could undermine the role of Parliament in a democracy and the ability of the government to pass important legislation.

    Mains Question

    Q. What are the reasons for the low productivity of the 17th Lok Sabha? What are the implications of its low productivity, and how might it affect the country’s progress and democratic institutions?