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GS Paper: Parliament & State Legislatures

  • Set time limit to Governor to grant assent to Bills: TN urges Centre

    governor

    Central idea: The Tamil Nadu Legislative Assembly passed a resolution urging the Union Government to issue appropriate instructions to Governor to give his assent to bills passed by the Assembly within a specific period.

    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.

    Governor-State Relations: How are they guided?

    • Acting on aid and advice: Although envisaged as an apolitical head who must act on the advice of the council of ministers, the Governor enjoys certain powers granted under the Constitution.
    • Discretion: He has monopoly for giving or withholding assent to a Bill passed by the state legislature, or determining the time needed for a party to prove its majority, or which party must be called first do so, generally after a hung verdict in an election.
    • Apparatus of interaction: There are no provisions laid down for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.

    Role of Governor in Legislature

    • Integral part: A Bill passed by the State Assembly becomes law only after it is assented to by the Governor. The Governor being a part of the State legislature, the process of law making is complete only when he signs it, signifying his assent.
    • Established practice: In all democratic countries, similar provision exists in their constitutions.

    Power of Governor vis-a-vis legislature

    • What Article 200 says: The Constitution provides certain options for the Governor to exercise when a Bill reaches him from the Assembly.
    • There are four possible scenarios:
    1. Assent: He may give assent.
    2. Reconsider: He can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself. In this case, if the Assembly passes the Bill without making any change and sends it back to the Governor, he will have to give assent to it.
    3. Reserve: The third option is to reserve the Bill for the consideration of the President.
    4. Withhold: The fourth option, of course, is to withhold the assent.

    Why there is ambiguity over the role of governors in India?

    • Role of the governor: The question of whether a Governor is permitted by the Constitution to cause uncertainty in the matter of giving assent to the Bills passed by State legislatures assumes great importance.
    • Presidential Assent: The provision concerned makes it clear that a Bill can be reserved for the consideration of the President only if the Governor forms an opinion that the Bill would endanger the position of the High Court by whittling away its powers. The Constitution does not mention any other type of Bill which is required to be reserved for the consideration of the President.
    • Constitution is silent: the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.
    • No remedy: The Indian Constitution, however, does not provide any such remedy as that of USA or UK. The courts too have more or less accepted the position that if the Governor withholds assent, the Bill will go. Thus, the whole legislative exercise will become fruitless. It does not square with the best practices in old and mature democracies.

    Various friction points

    In recent years, these have been largely about:

    1. Selection of the party to form a government
    2. Deadline for proving the majority
    3. Sitting on Bills
    4. Withhold of assents
    5. Passing negative remarks on the state administration

    Why does this happen?

    • Political appointment: This is because Governors have become political appointees. Politicians become Governors and then resign to fight elections.
    • Nature of appointment: In the Constitution, there are no guidelines for exercise of the Governor’s powers, including for appointing a CM or dissolving the Assembly.
    • Defying constituent assembly: The Constituent Assembly envisaged governor to be apolitical.
    • Nature of appointment: The CM is answerable to the people. But the Governor is answerable to no one except the Centre.
    • Constitutional vacuum: Once can sugercoat it with ideas of constitutional morality and values, but the truth is there is a fundamental defect in the Constitution.
    • Security of Tenure: There is no provision for impeaching the Governor, who is appointed by the President on the Centre’s advice. While the Governor has 5-year a tenure, he can remain in office only until the pleasure of the President.
    • Powers in legislation: There is no limit set for how long a Governor can withhold assent to a Bill.

    What reforms have been suggested?

    • From the Administrative Reforms Commission of 1968 to Sarkaria Commission of 1988 and the one mentioned above, several panels have recommended reforms, such as:
    1. Selection of the Governor through a panel comprising the PM, Home Minister, Lok Sabha Speaker and the CM,
    2. Fixing his tenure for five years
    3. Provision to impeach the Governor by the Assembly
    • No government has implemented any of these recommendations.

     

  • Disqualification of a MP: Constitutional and Legal Issues

    Central Idea

    • The recent conviction and disqualification of Congress leader Rahul Gandhi have raised some important constitutional and legal issues, especially related to the disqualification of members of the legislature. The interpretation of Section 8 of the Representation of the People Act, 1951, and the role of the President in cases of disqualification is resurfaced again.

    Background of the case

    • The Congress leader during campaigning for the 2019 parliamentary polls had made a remark, “How come all the thieves have Modi as the common surname?”
    • On the basis of this remark, a criminal defamation case was filed against him in a surat court by a BJP MLA who had alleged that the congress leader while addressing a poll rally in 2019 in Karnataka defamed the entire Modi community with his remark.
    • The Surat court on Thursday convicted the Congress leader in a criminal defamation case and awarded him a two-year jail term.
    • On basis of this, the Congress leader has been disqualified from the Lok Sabha,. A notice issued by the Lok Sabha Secretariat said that he stood disqualified from the House from March 23, the day of his conviction.

    Disqualification under the Representation of the People Act (RPA), 1951

    • Grounds of disqualification: Section 8 of the RPA, 1951 specifies the various offenses, conviction for which entail the disqualification of a member of the legislature.
    • Clause (3): Clause (3) of this section says that a person convicted of any offense other than those mentioned in the other two clauses, and sentenced to not less than two years shall be disqualified from the date of conviction.
    • Exemption under clause (4): The clause (4) has exempted sitting members from instant disqualification for three months to enable them to appeal against the conviction.

    Role of the President in Disqualification

    • President has the authority: Article 103 of the Indian Constitution provides the President of India as the authority who decides that a sitting member has become subject to disqualification in all cases which come under Article 102(1).
    • President’s adjudicatory and declaratory functions: There are differences of opinion on the scope of Article 103, but the Supreme Court, in Consumer Education and Research Society vs Union of India (2009), upholds the position that the President performs adjudicatory and declaratory functions here.

    Flaws in the Judgment in Lily Thomas Case

    • Parliament cannot enact a temporary exemption: It says that Parliament cannot enact a temporary exemption in favor of sitting members of the Legislature.
    • Article 103 provides an exception: But Article 103 itself provides an exception in the case of sitting Members by stating that the disqualification of sitting Members shall be decided by the President.
    • Distinction between the candidates and sitting Members: The Constitution itself makes a distinction between the candidates and sitting Members. This was ignored by the judgment and the Court struck down the three months window given to the sitting members to enable them to appeal against their conviction.

    Defamation in India

    • What is Defamation: Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. Defamation in India is both a civil and a criminal offence.
    • The Laws which Deal with Defamation: Sections 499 and 500 of IPC: Sections 499 and 500 in the IPC deal with criminal defamation. While the former defines the offence of defamation, the latter defines the punishment for it.

    Facts for prelims: Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India.
    • The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

    Conclusion

    • The recent conviction and disqualification of Congress leader Rahul Gandhi have raised important constitutional and legal issues related to the disqualification of members of the legislature. While the issues relating to the disqualification of Rahul Gandhi will be dealt with by the appellate courts, the legal and constitutional issues raised by this case need to be examined carefully
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  • Disqualification of a MP over Criminal Charges

    disqualification

    Central idea: A politician has been sentenced to two years in jail by a Surat court in a 2019 defamation case filed against him for his remarks about the surname of a community. This conviction could lead to his disqualification.

    Disqualification of a Lawmaker

    Disqualification of a lawmaker is prescribed in three situations-

    1. Constitutional provisions: First is through Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively. The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
    2. Defection: It is in the Tenth Schedule of the Constitution, which provides for the disqualification of the members on grounds of defection.
    3. Representation of The People Act (RPA), 1951: It provides for disqualification for conviction in criminal cases.

    Disqualification under RPA, 1951

    • It provides for disqualification for conviction in criminal cases.
    • Section 8 of the RPA deals with disqualification for conviction of offences.
    • The provision is aimed at “preventing the criminalisation of politics” and keeping ‘tainted’ lawmakers from contesting elections.

    Section 8(3) states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”

    Appeal and stay of disqualification

    • The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.
    • In a 2018 decision in ‘Lok Prahari v Union of India’, the Supreme Court clarified that the disqualification “will not operate from the date of the stay of conviction by the appellate court.”
    • This means that Gandhi’s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.

    Changes in the Law

    • Under the RPA, Section 8(4) stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction.
    • Within that period, lawmakers could file an appeal against the sentence before the High Court.
    • However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.

    Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India.The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

     

     

  • What does ‘Guillotine’ refer to in legislative parlance?

    Central idea: Amidst the ongoing stalemate in Parliament, some MPs said the government may guillotine the demands for grants and pass the Finance Bill without any discussion in the Lok Sabha.

    What is a Guillotine?

    • A guillotine is an apparatus designed for efficiently carrying out executions by beheading.
    • It consists of a large, weighted blade that is raised to the top of a tall, erect frame and released to fall on the neck of a condemned person secured at the bottom of the frame, executing them in a single, clean pass.
    • The origin of the exact device as well as the term can be found in France.
    • The design of the guillotine was intended to make capital punishment more reliable and less painful in accordance with new Enlightenment ideas of human rights.

    Guillotine Motion in Parliament

    • In legislative parlance, to “guillotine” means to bunch together and fast-track the passage of financial business.
    • It is a fairly common procedural exercise in Lok Sabha during the Budget Session.
    • After the Budget is presented, Parliament goes into recess for about three weeks, during which time the House Standing Committees examine Demands for Grants for various Ministries, and prepare reports.
    • After Parliament reassembles, the Business Advisory Committee (BAC) draws up a schedule for discussions on the Demands for Grants.
    • Given the limitation of time, the House cannot take up the expenditure demands of all Ministries; therefore, the BAC identifies some important Ministries for discussion.
    • It usually lists Demands for Grants of the Ministries of Home, Defence, External Affairs, Agriculture, Rural Development and Human Resource Development.

    Why use such a motion?

    • Members utilise the opportunity to discuss the policies and working of Ministries.
    • Once the House is done with these debates, the Speaker applies the “guillotine”, and all outstanding demands for grants are put to vote at once.
    • This usually happens on the last day earmarked for the discussion on the Budget.
    • The intention is to ensure the timely passage of the Finance Bill, marking the completion of the legislative exercise with regard to the Budget.

     

  • Anti-defection Law and The Loopholes

    defection

    Central Idea

    • On February 17, the Election Commission of India (ECI) allotted the name ‘Shiv Sena’ and the party’s Bow and Arrow symbol to Maharashtra Chief Minister Eknath Shinde’s faction, in effect recognizing it as the original party founded by Babasaheb Thackeray.  Strengthening Anti-defection law becomes relevant again.

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    Background: The most dramatic and unique political crisis

    • Division in the party: The political crisis in Maharashtra began last year after a group of 40 of the 55 Sena MLAs walked out of the Maha Vikas Aghadi (MVA) alliance under the leadership of Mr. Shinde, which caused a division in the party.
    • Fight of Name and Symbol: Both the Uddhav Thackeray and Shinde sides staked claim to the party name and symbol, each claiming to represent the real Shiv Sena.
    • The ECI said that it had based its decision on a test of majority: It said the group of MLAs supporting the Shinde faction got nearly 76% of the votes polled for the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections, while the Uddhav Thackeray faction got 23.5% of votes.

    Exam Spotlight

    • The crisis has thrown the spotlight once again on the anti-defection law, whose purpose is to prevent political defections.

    What is Anti-defection Law?

    • Tenth Schedule: The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • Power to the speaker: It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • 52nd Amendment Act, 1985: It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM. The law applies to both Parliament and state assemblies.

    What was the need to have this law then?

    1. Vies in favour
    • Defection was recognized as an evil that needed to be curbed: Defections cause destabilization and lead to governments falling, which can have negative impacts on the country’s political and economic stability.
    • Law helps to stabilise party system: The law helps to stabilize party systems by consolidating control of the party leadership instead of relying on ideological cohesion or ownership by constituent legislators.
    1. Views against it
    • Law would curb freedom of opinion of the representatives: Some people thought that the law would curb freedom of speech and affect the free exercise of opinion by the members of the legislature who are elected by the people.
    • Undermines the representative system of democracy: The law effectively does away with the representative system of democracy in India by framing democracy as a contest between factions rather than a system of representation and accountability.
    • Limiting the ability of legislators: The law consolidates power in the hands of the party leadership, potentially limiting the ability of individual legislators to represent their constituents’ interests.

    How the law is faring today?

    • Recent events shows that the law needs to be tightened: The kinds of defections which used to take place before the passing of this law are not taking place now. But recent events show that this law needs to be tightened.
    • Third paragraph of tenth schedule was deleted: A little tightening was done earlier by doing away with a split, that is, paragraph three of the Tenth Schedule of the Constitution. It had said, if there is a split in a particular party, and one-third of the legislators move along with the breakaway group, they will not be disqualified. So, split was a defence against disqualification.
    • No authoritative interpretation of the law: there is a very disturbing trend, which is to interpret paragraph four (decision on questions as to disqualification on ground of defection) in a particular way, because there is no authoritative declaration of law from the Supreme Court on the exact application of it.
    • No timeline fixed for the Speaker: In the 10th Schedule currently, there is no timeline fixed for the Speaker to determine the issue and the purpose of this anti-defection law is defeated.

    Conclusion

    • People are principal stakeholders in a democracy; parties are merely the institutional intermediaries. Democracy needs stable parties, but controlling legislators removes their representative role. Need of the hour is to fix the loopholes in the system because the continuous cycle of instability adversely affects the people, who are the primary stakeholders in a democracy and suffer the most.

    Mains Question

    Q. The events of spilt within the political are rising posing a challenge to the Anti defection law In this backdrop discuss the need of Anti defection law?

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  • Disqualification of Sitting MP: The Conundrum

    Central Idea

    • The instance where the Kerala High Court, in January this year, suspended the verdict passed by the Kavaratti District and Sessions Court (in an attempt to murder case) in which the then sitting Member of Parliament (MP) of Lakshadweep was sentenced to 10 years in jail. The issue is on whether disqualification for conviction is final or whether it can be revoked. This issue can arise whenever a legislator is disqualified.

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    The background: Facts are as follows

    • The facts are as follows. Mr. Faizal The then sitting MP of Lakshadweep was convicted by the Kavaratti sessions court on January 11 for attempt to murder, and sentenced to 10 years imprisonment.
    • On January 13, the Lok Sabha announced that he was disqualified as an MP with effect from the date of conviction.
    • On January 18, the Election Commission of India (ECI) fixed February 27 as the date for by-election to that constituency, with the formal notification to be issued on January 31.
    • Faizal appealed to the Kerala High Court for a stay on his conviction and sentence, which the High Court suspended on January 25.
    • The High Court suspended Faizal Faizal’s conviction due to the cost of a parliamentary election and the disruption of developmental activities in Lakshadweep.
    • Faizal challenged the ECI’s announcement in the Supreme Court of India. On January 30, the ECI said it was deferring the election.

    The specific provisions

    • The provision for disqualification is given in Article 102 of the Constitution: It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions. These include holding an office of profit, being of unsound mind or insolvent, or not being a citizen of India. It also authorises Parliament to make law determining conditions of disqualifications.
    • The Representation of the People Act (RPA), 1951: The RPA provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.
    • Exception for the sitting members: There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided.

    A case of differential treatment of candidates

    • Challenges under Article 14 of the constitution: The differential treatment of candidates for elections and sitting members was challenged under Article 14 (right to equality).
    • Prabhakaran vs P. Jayarajan: A Constitution Bench of the Supreme Court, in 2005 (K. Prabhakaran vs P. Jayarajan), decided that the consequences of disqualifying a contestant and a sitting member were different.
    • Reasoning behind treating differently: The strength of the party in the legislature would change, and could have an adverse impact if a government had a thin majority. It would also trigger a by-election. Therefore, it was reasonable to treat the two categories differently.
    • Lily Thomas vs Union of India: In 2013, a two-judge Bench of the Supreme Court again considered whether this exception was constitutionally invalid (Lily Thomas vs Union of India). It stated that Article 102 empowers Parliament to make law regarding disqualification of a person for being chosen as, and for being, a member of either House of Parliament.
    • Exception for sitting members was unconstitutional: The judgment stated that making an exception for sitting members was against the constitution. As per Article 101, if a Member of Parliament is disqualified under Article 102, their seat will become vacant immediately. This means that if the conditions outlined in Article 102 are met, the disqualification will take effect automatically and immediately.

    What is the confusion?

    • In Navjot Singh Sidhu case, Supreme Court stayed his conviction: Navjot Singh Sidhu, an MP, was convicted and sentenced to three years imprisonment. He resigned from his seat but wanted to contest the election and appealed for a stay on his conviction. In 2007, the Supreme Court stayed his conviction, which removed the disqualification until the appeal was decided, allowing him to contest the election.
    • Question arises In Kerala case: The Lakshadweep seat was declared vacant, but the Election Commission of India (ECI) announced deferring the by-election after a stay order was granted. The Lok Sabha has kept the seat vacant and has not reinstated the MP. The question is whether the disqualification can be backdated, as if it never happened, and the election avoided. Or, whether the disqualification is removed only from the date of the stay order, and the vacated seat can be filled only through a by-election.
    • Conundrum and Implications: The conundrum arises because the Lily Thomas judgment requires the seat to be vacated immediately upon disqualification, whereas the Kerala High Court stay aims to keep the MP in the seat until the appeal is decided. The answer to this issue will have implications for similar cases in the future.

    Conclusion

    • As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction. The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.

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  • Expunging Un-Parliamentary Speeches from Records

    Portions of a politicians’ speech delivered in Lok Sabha have been expunged — or removed — from the records of Parliament by the orders of the Speaker.

    Constitutional immunity for parliamentary speeches

    • Under Article 105(2) of the Constitution, “no Member of Parliament shall be liable to any proceedings in any court in respect of anything said…in Parliament or any committee thereof”.
    • However, MPs don’t enjoy the freedom to say whatever they want inside the House.
    • The speech of MPs is subject to the discipline of the Rules of Parliament, “good sense” of its Members, and the control of proceedings by the Speaker.
    • These checks ensure that MPs cannot use “defamatory or indecent or undignified or unparliamentary words” inside the House.

    How should Parliamentary Speeches be?

    • The Indian Parliament has a code of conduct which requires all members to speak in a civil and courteous manner.
    • Un-parliamentary speeches are not tolerated and offenders can be suspended or even expelled from the house.
    • The Speaker has the power to expunge any un-parliamentary speech from the record of the House and from the transcripts of the proceedings.

    Disciplinary action against unruly speeches

    • The Lok Sabha Speaker has the power to expunge any un-parliamentary speech made in the House.
    • The Speaker can also refer the matter to the Ethics Committee for further action.
    • The Speaker can also refer the matter to the Ethics Committee for further action which may include imposing fines and imprisonment for a period of up to six months.
    • The Speaker may also order the offender to apologize to the House.
    • Similar is the procedure with the Rajya Sabha Chairman.

    What is the expunging of speeches?

    • The expunging of certain words, sentences, or portions of a speech from the records is fairly routine procedure, and is carried out in accordance with laid down rules.
    • The decision on which parts of the proceedings are to be expunged lies with the Presiding Officer of the House.

    What are the rules on expunging from the record?

    • Rule 380 (“Expunction”) of the Rules of Procedure and Conduct of Business in Lok Sabha states the procedure for removal of a speech from the records.
    • Rule 381 says: The portion of the proceedings of the House so expunged shall be marked by asterisks and an explanatory footnote shall be inserted in the proceedings as follows: ‘Expunged as ordered by the Chair’.”

    What happens after a word has been expunged?

    • Expunged portions of the proceedings cease to exist in the records of Parliament, and they can no longer be reported by media houses, even though they may have been heard during the live telecast of the proceedings.
    • However, the proliferation of social media has introduced challenges in the watertight implementation of expunction orders.

    Way forward

    • Parliamentary speeches should be polite, respectful and dignified, avoiding any kind of personal attacks or slurs.
    • They should focus on the issue at hand, avoiding any kind of partisan rhetoric.
    • No offensive language should be used and all debates should be conducted in an atmosphere of mutual respect and understanding.
    • As a rule, all speakers should show due consideration for their colleagues and refrain from any kind of personal criticism.
    • They should stick to the facts and avoid unsubstantiated claims. Parliamentary speeches should be concise, clear and fact-based.
    • Finally, all speakers should remain mindful of their role as representatives of the people and should strive to maintain the highest standards of public discourse.

     

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  • What is Adjournment Sine Die?

    Both houses of the Parliament were adjourned sine die, six days ahead of their schedule.

    Session of Parliament and Related Terminologies

    • During a session, both the Houses meet almost daily barring holidays to transact business be it to discuss a matter of public matters, frame laws, amend laws, place Standing Committee reports and pass financial bills among others.
    • The Houses are in session thrice a year: Budget Session (February to May); Monsoon Session (July to September); and Winter Session (November to December).

    Terminating the session

    • During a session of Parliament, usually, there are two sittings: morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
    • The sitting of the Parliament in both the Houses can be terminated only by adjournment, adjournment sine die, prorogation and dissolution (not applicable for Rajya Sabha).
    • Technically, a session of the Parliament means the period between the first sitting of a House and its prorogation or dissolution.
    • The period between the prorogation of a House and its reassembly in a new session is called a recess.

    (1) Adjournment sine die

    • Adjournment sine die means terminating a sitting of Parliament for an indefinite period, that is, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
    • The power of adjournment sine die lies with the presiding officer of the House.
    • However, the presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

    (2) Adjournment

    • An adjournment results in the suspension of work in a sitting for a specified time, which may be hours, days or weeks.
    • In this case, the time of reassembly is specified as an adjournment only terminates a sitting and not a session of the House.
    • The power of adjournment lies with the presiding officer of the House.

    (3) Prorogation

    • The term prorogation means the termination of a session of the House by an order made by the President under Article 85(2)(a) of the Constitution.
    • The prorogation terminates both the sitting and session of the House and is usually done within a few days after the House is adjourned sine die by the presiding officer.
    • The President issues a notification for the prorogation of the session. However, the president can also prorogue the House while in session.
    • It must be noted that all pending notices except those for introducing bills lapse.

    (4) Dissolution

    • Whenever a dissolution happens, it ends the very life of the existing House and a new House is constituted after the General Elections.
    • However, only the Lok Sabha is subject to dissolution as the Rajya Sabha, being a permanent House, is not subject to dissolution. The dissolution of the Lok Sabha may take place in two ways:
    1. Automatic dissolution: On the expiry of its tenure: five years or the terms as extended during a national emergency.
    2. Order of President: If the President is authorised by the Council of Ministers, he or she can dissolve Lok Sabha, even before the end of the term. The president may also dissolve Lok Sabha if the Council of Ministers loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

    Impact on legislation process

    • When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices and petitions that are pending before it or its committees lapse.
    • Summoning: Summoning is the process of calling all members of the Parliament to meet.

    When does a Bill lapse in Indian Parliament? 

    Depending on the status of the pending legislation, and where it originated, there are certain cases in which the Bill lapses on dissolution of Assembly.

    1. Bills originated in Lok Sabha
    • Any Bill that originated in the Lok Sabha, but could not be passed, lapses.
    • A Bill originated and passed by the Lok Sabha but pending in the Rajya Sabha also lapses
    1. Bills originated in Rajya Sabha
    • The Constitution also gives MPs in Rajya Sabha the power to introduce a Bill.
    • Therefore a Bill that originated in Rajya Sabha and was passed by it, but remains pending in Lok Sabha also lapses.
    • A Bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajya Sabha on the date of the dissolution of Lok Sabha lapses.

    When a Bill does not lapse

    1. Not all Bills, which haven’t yet become law, lapse at the end of the Lok Sabha’s term.
    2. A Bill pending in the Rajya Sabha, but not passed by the Lok Sabha, does not lapse.
    3. A Bill passed by both the Houses but pending assent of the President of India, does not lapse.
    4. A Bill passed by both Houses but returned by the President of India for reconsideration of the Parliament does not lapse.
    5. Some pending Bills and all pending assurances that are to be examined by the Committee on Government Assurances also does not lapse on the dissolution of the Lok Sabha.

     

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  • Private Member’s Bill for women’s reservation

    Bill

    Context

    • As strong advocates of more representation of women in politics, looking at the number of women elected in the Gujarat and Himachal Pradesh assemblies has been saddening. With just 14.9 per cent women elected to our Lok Sabha, India ranks 144 out of 193 countries in the representation of women in parliament according to Inter-Parliamentary Union’s latest report. Among our immediate neighbours, India falls behind Bangladesh, Pakistan, and Nepal.

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    Background: Recent elections and women’s participation

    • Gujrat: Gujarat elected just 8 per cent of women legislators in its 182-member assembly.
    • Himachal Pradesh: Himachal Pradesh, where every second voter is a female, has elected 67 men and only one woman.
    • National Average: The national average of women in all state assemblies remains around 8 per cent. The figure is grim
    • Representation of women in local governments increased: After the 73rd and 74th Constitutional Amendments, the representation of women in local governments increased from a mere 3-4 per cent to nearly 50 per cent now.

    Bill

    History of Women’s Reservation Bill

    • First introduced in 1996 but lapsed with the dissolution of Lok Sabha: The Women’s Reservation Bill was first introduced in 1996 by the Deve Gowda government. After the Bill failed to get approval in Lok Sabha, it was referred to a Joint Parliamentary Committee chaired by Geeta Mukherjee, which presented its report in December 1996. However, the Bill lapsed with the dissolution of the Lok Sabha and had to be reintroduced.
    • Bill reintroduced in 1998 but failed and lapsed: PM Vajpayee’s NDA government reintroduced the Bill in the 12th Lok Sabha in 1998. Yet again, it failed to get support and lapsed. In 1999, the NDA government reintroduced it in the 13th Lok Sabha.
    • One-third reservations for women: Subsequently, the Bill was introduced twice in Parliament in 2003. In 2004, the government included it in the Common Minimum Programme that said that the government will take the lead to introduce legislation for one-third reservations for women in Vidhan Sabhas and in the Lok Sabha.
    • The bill introduced and passed in Rajya Sabha: In 2008, the government tabled the Bill in the Rajya Sabha so that it does not lapse again. The Parliamentary Standing Committee on Law and Justice recommended the passage of the Bill in December 2009. It was cleared by the Union Cabinet in February 2010. On March 9, 2010, the Bill was passed in the Rajya Sabha with 186-1 votes after immense debate. History was created.
    • Lapsed again in 2014: The Bill, then, reached the Lok Sabha where it never saw the light of day. When the House was dissolved in 2014, it lapsed. Now we are back to square one.
    • Renewed push: In the current Winter Session of Parliament, there is a renewed push from most Opposition parties to pass the Women’s Reservation Bill.

    Bill

    The case study: Political parties and Women representation

    • Political parties that reserved seats for women for election candidature: So far only two regional political parties in India, Odisha’s Biju Janata Dal (BJD) and West Bengal’s Trinamool Congress (TMC) have reserved seats for women for election candidatures.
    • Candidature and results of 2019 general elections: TMC and BJD fielded 40 per cent and 33 per cent women candidates respectively. Interestingly, 65 per cent of the TMC’s women candidates won in comparison to 44 per cent of their men, whereas 86 per cent of the BJD’s women candidates won in comparison to 43 per cent of their men.

    Private Member’s Bill for women’s reservation in all legislative bodies

    • Acknowledging the inequality and barriers: Women have historically suffered due to systemic inequality and barriers. Without a gender quota, women’s representation will continue to remain marginal causing a massive deficit in our democracy.
    • Reserved seats for women: Understanding this reality, there is a need to introduce a Private Member’s Bill demanding women’s reservation in all legislative bodies Lower and Upper Houses, and also reserved seats within that for women who come from historically marginalised communities.
    • Ensuring greater representation: It is a single step that will, if passed, immediately ensure at least 33 per cent representation of women.

    What is Private Member’s Bill?

    • Piloted by member other than minister: A private member’s Bill is different from a government Bill and is piloted by Member of Parliament (MP) who is not a minister. A Member of Parliament who is not a minister is a private member.
    • To draw governments attention: Individual MPs may introduce private member’s Bill to draw the government’s attention to what they might see as issues requiring legislative intervention.

    bill

    Way ahead

    • The case for women’s reservation emanates from their lack of representation in legislative bodies. We cannot rely on incremental changes.
    • We cannot let another generation fight for what is fundamental to participating in a democracy the right to be heard and make decisions.
    • Women’s reservation will jump-start the democratic process. It will allow a significant majority to have a say in how their lives must be governed.
    • Over the years, though, women’s vote share has increased significantly, but the number of women in positions of power has not.

    Conclusion

    • Victor Hugo famously said, “No force on earth can stop an idea whose time has come”. Women’s reservation in legislatures is one idea which has been discussed, debated, and agreed upon by most political parties. It is now time to take it to fruition. With its massive women population, India has a huge reservoir of potential which, if unleashed, will take the country much ahead.

    Main Question

    Q. Women reservation bill has introduced and lapsed no of times. In this context discuss why it is necessary to have reserved seats for women in all legislative bodies?

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  • Political participation and representation of Women in India

    representation

    Context

    • A truly representative democracy seeks adequate representation of women in politics. India is the largest and one of the most resilient parliamentary democracies in the world. Women’s representation in India’s Parliament has improved since independence. It is an important metric to evaluate progress in bridging gender inequalities in the country.

    Background: Gender Inequality in Politics

    • Women historically been Politically marginalized: Women, who constitute almost one-half of the world’s population (49.58 percent), have historically been politically marginalized in both developed and developing nations.
    • Beginning of social reforms: From the mid-19thcentury onwards, however, social movements have succeeded in effecting widespread reforms.
    • UN charter: The charter of the United Nations Organization (UNO, started in 1945) supported women’s rights.
    • International Bill of Rights for women: With the rise of feminist movements of the 1960s and ‘70s, the UN General Assembly in 1979 adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), often considered as an International Bill of Rights for women. In the Convention, Article 7 upholds women’s right to hold political and public office.
    • Millennium development goals (MDGs), included gender equality: In 2000, UN member states adopted the Millennium Declaration and outlined eight Millennium Development Goals (MDGs), to be achieved by 2015, which included promoting gender equality.
    • Empowering women under Sustainable Development Goals (SDGs): In January 2016 the initiative was extended to pursue 17 Sustainable Development Goals (SDGs) of which Goal 5 seeks to “achieve gender equality and empower all women and girls”, ensuring “women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.”

    representation

    The present status of Women representation in politics worldwide.

    • Representative governments increased but women count remains low: According to UN Women, as of September 2022, there were 30 women serving as elected heads of state and/or of government in 28 countries (out of a total of 193 UN member states).
    • Dichotomy in active participation: There is the dichotomy between the rapid increase of women’s participation as voters in elections and other political activities, and the slow rise of female representation in Parliament.
    • Global average women representation: As of May 2022, the global average of female representation in national parliaments was 26.2 percent.
    • Above average representation: The Americas, Europe, and Sub-Saharan Africa have women’s representation above the global average;
    • Below average representation: Asia, the Pacific region, and the Middle East and Northern Africa (MENA) region, are below average.
    • Varied representation within Asian countries:
    • The South Asian countries faring worse than the others.
    • IPU data of May 2022 showed that women’s representation in Nepal, for example, was 34 percent, in Bangladesh 21 percent, in Pakistan 20 percent, in Bhutan 17 percent and in Sri Lanka 5 percent.
    • For India, women’s representation in the Lok Sabha (the Lower House) has remained slightly below 15 percent.
    • The study does not include Afghanistan, but World Bank data of 2021 stated that female representation in the country’s last parliament was 27 percent.

    representation

    Journey of Women’s Political Participation in India 

    • Before Independence: India has a history of marginalization and exploitation of women framed by patriarchal social structures and mindsets.
    • Beginning of social reforms and participation in Freedom struggle: The Indian freedom movement, starting with the swadeshi in Bengal (1905-08) also witnessed the impressive participation of women, who organized political demonstrations and mobilized resources, as well as occupied leadership positions in those movements.
    • Post-Independence: After India attained independence, its Constitution guaranteed equal status for men and women in all political, social and economic spheres.
    • Equality guaranteed by The Constitution:
    • Part III of the Constitution guarantees the fundamental rights of men and women.
    • The Directive Principles of State Policy ensure economic empowerment by providing for equal pay for equal work by both men and women, humane conditions of work, and maternity relief.
    • Any Indian citizen who is registered as a voter and is over 25, can contest elections to the lower house of Parliament (Lok Sabha) or the state legislative assemblies; for the upper house (Rajya Sabha) the minimum age is 30.
    • Articles 325 and 326 of the Constitution guarantee political equality and the right to vote.
    • Reservation for women in local bodies: In 1992, the 73rdand 74th amendments to the Constitution provided for reservation of one-third of the total number of seats for women in Panchayati Raj Institutions (PRIs) and municipal bodies.

    representation

    Three main parameters to assess women’s participation in politics in India

    1. Women as Voters: In the last Lok Sabha election of 2019, almost as many women voted as men a watershed in India’s progress towards gender equality in politics which has been called a “silent revolution of self-empowerment The increased participation, especially since the 1990s, is attributed to a number of factors.
    2. Women as Candidates: Overall, however, while women candidates in parliamentary elections have increased over time their proportion compared to male candidates remains low. In the 2019 Lok Sabha elections, of the total of 8,049 candidates in the fray, less than 9 percent were women.
    3. Women’s Representation in Parliament: Although women’s participation as voters in elections has increased significantly, the data on women’s representation in both the Lok Sabha and Rajya Sabha suggests that the proportion of women representatives has remained low in comparison to their male counterparts.

    Just to know:  

    • The highest proportion of women representatives elected to the Lok Sabha so far was in the 2019 elections, and it was less than 15 percent of total
    • The number of women candidates and MPs varies greatly across states and parties.
    • In the present Lok Sabha (17th), Uttar Pradesh and West Bengal have the highest numbers of women MPs. In terms of percentage, Goa and Manipur had fielded the highest proportion of women candidates.

    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.

    Way ahead

    • It should be made legally obligatory for every registered political party to give one-third of the total number of party tickets it distributes at every election to women. The Representation of People Act, 1950, will have to be amended to enable this strategy.
    • Second, if the party-level reform proves difficult, the Women’s Reservation Bill 2008 which mandated reservation of one-third of parliamentary and state assembly seats for women will have to be revived.

    Notes in short: Can be used in answers, essays and debates accordingly.

    1. Despite strong patriarchal norms, the country is seeing an increase in women’s political participation, parallel to higher levels of education and growing financial independence.
    2. The number of women contesting parliamentary and state legislative elections remains limited.
    3. Where constitutionally mandated reservation of seats for women has been provided at the local self-government level, women’s representation has increased.
    4. However, political parties, the primary vehicle of electoral politics, remain largely inaccessible for women to contest parliamentary and legislative elections even after 75 years of Indian independence.

    Conclusion

    • The organic shift to opening up spaces for women in Indian parliamentary politics has been slow. More women are needed in these platforms to transform the discourse on governance and policy-making, and bring India closer to becoming a truly inclusive and representative democracy.