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GS Paper: Parliament & State Legislatures

  • Vice-President (VP) of India

    Why in the News?

    The Vice-President of India, Jagdeep Dhankhar resigned citing health reasons, creating a rare mid-term vacancy in India’s second-highest constitutional office.

    What happens if VP resigns?

    • The Deputy Chairman of Rajya Sabha presides in his absence. No provision exists for an “acting” Vice-President.
    • Unlike the President, whose vacancy must be filled within six months, the VP election must be held “as soon as possible.”
    • The Election Commission will notify the schedule.
    • Election governed by the Presidential and Vice-Presidential Elections Act, 1952.
    • The elected candidate will serve a full 5-year term, not the remainder of Dhankhar’s term.

    About Vice-President (VP) of India

    • Position: Second-highest constitutional post; deputy to the President.
    • Parliamentary Role: Serves as ex-officio Chairman of the Rajya Sabha.
    • Succession: Ranks second in order of precedence and first in line to become President.
    • Membership: Is a member of Parliament, not directly elected by the people.
    • Qualifications:
      • Citizenship: Must be a citizen of India.
      • Age: Minimum 35 years.
      • Office of Profit: Should not hold any.
      • Parliamentary Eligibility: Must qualify for election to Rajya Sabha (unlike President, who must qualify for Lok Sabha) due to the VP’s role in the Upper House.
    • Roles and Responsibilities:
      • Rajya Sabha Chairmanship: Presides over sessions and ensures order.
      • Bill Classification: Refers money bills to the Lok Sabha Speaker.
      • No Independent Powers: Has no executive or legislative powers unless acting as President.

    Election Procedure:

    • Constitutional Basis: Governed by Article 66.
    • Electoral College: Comprises 543 Lok Sabha MPs, 233 elected Rajya Sabha MPs, and 12 nominated Rajya Sabha members.
    • Voting Method: Proportional representation by single transferable vote and secret ballot.
    • No Whip Allowed: Parties cannot issue voting whips.
    • Conduct: Managed by the Election Commission; Returning Officer is the Secretary-General of either House (on rotation).
    • Winning Quota: Requires 50% of valid votes + 1; votes are transferred in rounds if no candidate secures majority in the first round.

    Resignation and Removal:

    • Resignation
      • Article 67(a): VP submits his/her resignation to the President. Parliamentary approval is NOT needed, and the resignation takes effect immediately upon receipt.
      • No Acting VP: Constitution doesn’t provide for an acting Vice-President.
      • Presiding in Absence: Deputy Chairman of Rajya Sabha presides in VP’s absence (currently Harivansh Narayan Singh).
      • Example: Dhankhar, who took office in 2022, is only the third VP in Indian history to resign before completing his term, after V.V. Giri and R. Venkataraman.
    • Removal
      • Article 67(b): Removal process begins in Rajya Sabha with 14 days’ notice.
      • Voting Requirement: Needs effective majority in Rajya Sabha and simple majority in Lok Sabha.
      • No Grounds Specified: Constitution doesn’t list specific removal grounds.
      • Judicial Immunity: Article 122 bars courts from questioning parliamentary proceedings related to removal.
      • No Precedent: No VP has been removed so far.
    [UPSC 2013] With reference to Parliament, consider the following statements:

    1.The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.

    2.While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

    Which of the statements given above is/are correct?

    Options: (a) 1 only (b) 2 only (c) Both 1 and 2* (d) Neither 1 nor 2

     

  • Nominated Members to the Rajya Sabha

    Why in the News?

    The President of India has nominated Harsh Vardhan Shringla, Ujjwal Nikam, C. Sadanandan Master, and Meenakshi Jain to the Rajya Sabha.

    Nominated Members to the Rajya Sabha

    About Nominated Members to the Rajya Sabha:

    • Number and Tenure: The President of India nominates 12 members to the Rajya Sabha for a six-year term.
    • Purpose of Nomination: This provision is meant to honor individuals with exceptional contributions in the fields of arts, literature, science, and social service.
    • Constitutional Basis: This right is granted to the President under the Fourth Schedule, in accordance with Articles 4(1) and 80(2) of the Constitution of India.
    • Constitutional Provisions for Nominated Members:
      • Article 80(1)(a): Provides for nomination of 12 members to the Rajya Sabha by the President.
      • Article 80(3): Specifies that the nominees must have special knowledge or practical experience in one or more of the following fields: Literature; Science; Art; Social service.

    Composition of the Rajya Sabha:

    • Total Strength: The current strength of the Rajya Sabha is 245 members, comprising:
      • 233 elected members representing States and Union Territories
      • 12 nominated members by the President
    • Permanent Nature: The Rajya Sabha is a permanent body and is not subject to dissolution.
    • Biennial Retirement: One-third members retire every two years, and elections are held to fill the vacant seats.

    Powers and Privileges of Nominated Members:

    • Equal Rights in House Proceedings: Nominated members enjoy all powers, privileges, and immunities of an elected Member of Parliament.
    • Participation in Proceedings: They can take part in all debates, discussions, and committees in the House.
    • Voting Rights Exceptions:
      • They cannot vote in the election of the President of India.
      • They can vote in the election of the Vice President.
    • Political Affiliation Provision: According to Article 99, a nominated member is given six months to join a political party after being nominated.
    [UPSC 2014] Consider the following statements:

    1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House. 2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

    Which of the statements given above is/are correct?

    Options: (a) 1 only (b) 2 only* (c) Both 1 and 2 (d) Neither 1 nor 2

     

  • [pib] Estimates Committee of Parliament

    Why in the news?

    The Lok Sabha Speaker inaugurated the National Conference of Estimates Committees of Parliament and State/UT Legislative Bodies in Mumbai.

    About the Estimates Committee:

    • Overview: The Estimates Committee is one of the 3 major financial standing committees of Parliament, along with the Public Accounts Committee (PAC) and the Committee on Public Undertakings (COPU).
    • Objective: It examines the budgetary estimates of ministries and departments and works to enhance economy, efficiency, and accountability in public expenditure.
    • Other name: Known as the “Continuous Economy Committee” because of its ongoing scrutiny of how public money is spent.
    • Legal Basis: The committee functions under Rule 310 of the Lok Sabha Rules of Procedure and Conduct of Business.
    • History: It was set up in 1950, based on a suggestion by then Finance Minister John Mathai.
    • Composition and Tenure:
      • Lok Sabha Exclusive: The committee has 30 members, all from the Lok Sabha; there is NO representation from the Rajya Sabha.
      • Election and Chairperson: Members are elected annually through proportional representation using a single transferable vote, and the Speaker appoints the Chairperson, typically from the ruling party.
      • Ministers are NOT eligible: If a member becomes a minister, he/she automatically vacate the seat on the committee.
      • Term Limit: Each member serves for a one-year term.

    Key Functions and Powers:

    • Scrutiny of Estimates: It reviews the budget estimates to suggest ways to reduce expenditure without affecting policy outcomes.
    • Suggesting Reforms: It recommends alternative administrative practices to minimise waste and improve efficiency.
    • Project Review: It undertakes study visits and reviews the implementation status of major public sector projects.
    • Report Submission: The committee submits detailed reports and suggestions to the Lok Sabha, which may lead to policy or format changes.
    • Follow-Up Mechanism: Ministries are required to submit Action Taken Reports (ATRs) on the committee’s recommendations.
    • Jurisdictional Limits: The committee CANNOT examine PSUs, as this role belongs exclusively to the Committee on Public Undertakings.
    [UPSC 2014] Which one of the following is the largest Committee of the Parliament?

    Options: (a) The committee on Public Accounts. (b) The committee on Estimates* (c) The Committee on Public Undertakings (d) The committee on Petition

     

  • Elections to the Rajya Sabha

    Why in the News?

    The Election Commission of India has announced biennial elections for eight Rajya Sabha seats, including two seats from Assam and six seats from Tamil Nadu.

    These elections are part of the regular process through which

    About Elections to the Rajya Sabha:

    • Rajya Sabha members are indirectly elected by the elected members of the State Legislative Assemblies and Union Territory electoral colleges (Delhi and Puducherry).
    • The elections follow the proportional representation system through the Single Transferable Vote (STV) method.
    • Voting is done using an Open Ballot to ensure transparency and party discipline.
    • Composition of the Rajya Sabha:
      • It can have a maximum of 250 members.
      • Out of these, 238 members are elected, and 12 are nominated by the President of India for contributions to art, literature, science, and social service.
      • As of now, the RS has 245 members — 233 elected and 12 nominated.
      • One-third of RS members retire every two years.
    • Voting Requirements and Process:
      • A candidate must be proposed by at least 10 members of the State Legislative Assembly or 10% of the party’s strength in the Assembly.
      • Voters rank candidates by preference under the Single Transferable Vote system.
      • If a candidate is eliminated or elected, their votes are transferred to the next preference on the ballot.
      • Voting is done using an Open Ballot system to promote transparency.
    • Quota for Election:
      • To win, a candidate must secure a vote quota, calculated as:
        (Total valid votes / (Number of vacancies + 1)) + 1.
    • Tenure of Members:
      • RS is a permanent body and cannot be dissolved.
      • However, one-third of its members retire every two years, and new members are elected.
      • Each Rajya Sabha member serves a six-year term.
    • Chairmanship and Leadership:
      • The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
      • A Deputy Chairman is elected by the Rajya Sabha members from among themselves.
    • Eligibility (as per Article 84):
      • A candidate must be a citizen of India.
      • The minimum age required is 30 years.
      • The candidate must also meet other qualifications specified by the Constitution or law.
    • Disqualification of Members:
      • A member can be disqualified for defection under the anti-defection law.
      • Disqualification can also happen due to criminal convictions, bankruptcy, or being declared of unsound mind.
    • Administrative and Historical Details:
      • The first sitting of the Rajya Sabha was held on May 13, 1952.
      • The Secretary General of the Rajya Sabha acts as the chief executive and administrative head of the Rajya Sabha Secretariat.

    Tap here to read everything about the Rajya Sabha.

    [UPSC 2020] Rajya Sabha has equal powers with Lok Sabha in:

    Options: (a) the matter of creating new All India Services (b) amending the Constitution* (c) the removal of the government (d) making cut motion

     

  • Strengthening parliamentary oversight in India

    Why in the News?

    Along with having efficient governance, there should also be a high level of accountability, which should begin with a strong and effective Parliament.

    What mechanisms does the Indian Parliament currently use to ensure executive accountability?

    • Question Hour: A daily session where Members of Parliament (MPs) ask questions to the government, holding the executive accountable for its actions. Eg: During Question Hour, MPs can ask questions on various issues like government policies, spending, and public welfare programs. If the government fails to respond adequately, it is held accountable in front of the public.
    • Zero Hour: An informal session where MPs can raise urgent matters of public importance without prior notice. Eg: In the past, MPs have used Zero Hour to raise concerns about natural disasters, governance issues, or urgent societal problems like price hikes or corruption, which require immediate attention from the government.
    • Standing Committees (e.g., Department-related Standing Committees): These committees examine the policies and functioning of various government departments, scrutinizing their budget proposals, schemes, and implementation. Eg: The Standing Committee on Railways in 2015 recommended waiving dividend payments to Indian Railways to improve its financial health, which was subsequently implemented.
    • No-Confidence Motion: A formal motion in Parliament that can be moved by MPs to express a lack of confidence in the government. If passed, it leads to the resignation of the government. Eg: In the 17th Lok Sabha, a no-confidence motion was raised against the government over issues related to economic policies, though it did not pass, it highlighted the need for greater executive accountability.
    • Public Accounts Committee (PAC): This committee scrutinizes government expenditure and ensures that public funds are used efficiently and for their intended purposes. Eg: The PAC exposed irregularities in the Commonwealth Games 2010, revealing delays, opaque appointments, and corrupt practices, leading to corrective actions and reforms.

    Why has the effectiveness of Question Hour and parliamentary committees declined in recent years?

    • Frequent Disruptions during Question Hour: Question Hour is often disrupted by protests and disruptions, leading to adjournments and reducing the time spent on addressing important government issues. Eg: During the 17th Lok Sabha (2019-24), Question Hour functioned for only 60% of its scheduled time in the Lok Sabha and 52% in Rajya Sabha, limiting its effectiveness in holding the government accountable.
    • Focus on Isolated Queries rather than Systematic Scrutiny: MPs often focus on individual queries rather than engaging in comprehensive, cross-ministerial scrutiny of complex issues, which limits the depth of oversight. Eg: Instead of addressing broader policy issues, MPs tend to ask specific questions that do not contribute to a deeper analysis of government actions or programs.
    • Limited Impact of Parliamentary Committees’ Reports: Despite generating detailed reports, parliamentary committees’ findings are often not discussed in Parliament, leading to a lack of follow-up on recommendations and diminishing their influence on legislation and executive actions. Eg: Even though the Standing Committees on Railways and Transport made significant recommendations, such as waiving the dividend payments and influencing the Motor Vehicles Bill, many committee reports have not led to substantial legislative or executive changes.

    How can technology and data analytics improve the quality of parliamentary scrutiny?

    • AI and Data Analytics for Efficient Scrutiny: Technology can help MPs analyze vast amounts of data, such as budget documents and audit reports, enabling them to quickly identify irregularities and policy trends. Eg: Using AI, Parliament can automatically flag inconsistencies in spending or uncover patterns in policy implementation, helping MPs ask more informed, evidence-based questions during sessions like Question Hour.
    • Enhancing Accessibility and Transparency of Committee Findings: Technology can make parliamentary committee reports more accessible to the public and MPs by translating them into local languages, creating visual explainers, or using short videos. This increases transparency and public engagement while also aiding MPs in scrutinizing complex issues. Eg: The use of visual tools and AI-driven summaries could simplify the analysis of technical reports, helping MPs quickly grasp important findings and engage in more meaningful debates in Parliament.

    Way forward: 

    • Strengthen Post-Legislative Scrutiny: Establish a formal process for tracking the implementation and impact of laws, ensuring timely reviews and corrections. This can be modeled on the UK system, where government departments submit reviews of major laws within a set period.
    • Enhance Technology Integration: Leverage AI, data analytics, and digital tools to support MPs with real-time insights, enabling more effective questioning and in-depth scrutiny of government actions and policies.

    Mains PYQ:

    [UPSC 2018] Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role or the Estimates Committee.

    Linkage: General usefulness of parliamentary committees, which are highlighted as crucial mechanisms for accountability and scrutiny. It specifically asks about the Estimates Committee, another important financial committee alongside the PAC. 

  • The post of Deputy Speaker is not symbolic or optional

    Why in the News?

    The Deputy Speaker of the Lok Sabha is not just a symbolic position but an important role required by the Constitution.

    What is the role of the Deputy Speaker under Article 93?

    • Presiding Over the Lok Sabha in the Speaker’s Absence: The Deputy Speaker steps in to chair the sessions of the Lok Sabha when the Speaker is unavailable, ensuring that legislative proceedings continue smoothly. Eg: If the Speaker is unwell or on an official visit abroad, the Deputy Speaker takes over the chair to maintain the functioning of the House, as happened during various occasions when the Speaker had to travel.
    • Ensuring Impartiality in Debates and Proceedings: The Deputy Speaker, like the Speaker, must remain impartial and ensure that debates are conducted fairly, without any bias towards any party or individual. Eg: During debates on sensitive issues such as the passing of a crucial bill, the Deputy Speaker ensures that all parties have an opportunity to speak and that the debate remains orderly, as seen in past sessions when contentious issues were discussed.
    • Chairing Parliamentary Committees: The Deputy Speaker presides over important parliamentary committees, which play a crucial role in managing legislative work and business. Eg: The Deputy Speaker has chaired committees such as the Business Advisory Committee, where decisions are made regarding the scheduling of bills and other parliamentary matters, helping to streamline the legislative process.

    Why is the continued vacancy of the post a constitutional concern?

    • Violation of Constitutional Mandate (Article 93): The Constitution directs that the House shall elect a Deputy Speaker “as soon as may be”, implying urgency, not discretion. Eg: The 17th Lok Sabha (2019–2024) functioned its entire term without appointing a Deputy Speaker, disregarding this mandate.
    • Absence of Institutional Safeguard in Emergencies: The Deputy Speaker acts as a constitutional backup in case the Speaker resigns, is removed, or is incapacitated. Eg: In 1956, when Speaker G.V. Mavalankar died, Deputy Speaker M.A. Ayyangar stepped in immediately to prevent disruption.
    • Undermining Legislative Continuity and Stability: Without a Deputy Speaker, the House lacks redundancy in leadership, risking procedural breakdown during key sessions. Eg: If a crisis arises during budget discussions and the Speaker is absent, proceedings could face delays or legal challenges.
    • Erosion of Democratic Norms and Bipartisanship: Traditionally, the post is offered to the Opposition to maintain balance, promote inclusivity, and uphold impartiality. Eg: Earlier Lok Sabhas saw the Deputy Speaker from the Opposition, fostering cooperative legislative functioning.
    • Centralisation of Power and Partisan Control: Leaving the post vacant gives unchecked control to the ruling party through the Speaker alone, weakening internal checks. Eg: In the absence of a Deputy Speaker, all procedural authority remains concentrated in one office, reducing scope for dissent or moderation.

    When and how did the Deputy Speaker’s position originate? 

    • Origin in Colonial Legislative Framework: The post of Deputy Speaker evolved from the position of Deputy President in the Central Legislative Assembly during British rule. Eg: Sachidanand Sinha became the first Deputy President (equivalent to Deputy Speaker) in 1921 under colonial administration.
    • Continuity Through the Constituent Assembly (Legislative): Even before the Constitution was adopted in 1950, the Constituent Assembly retained the role of Deputy Speaker to maintain legislative function. Eg: The Assembly recognized the practical need for a second presiding officer during debates and discussions on the Constitution.
    • Institutionalisation in Post-Independence India: The office was formally incorporated under Article 93 of the Constitution, emphasising its necessity in democratic governance. Eg: M.A. Ayyangar became the first elected Deputy Speaker of the Lok Sabha in 1952 and later served as acting Speaker after G.V. Mavalankar’s death.

    How can reforms ensure timely appointment of the Deputy Speaker? (Way forward)

    • Introducing a Fixed Timeline in the Constitution: Amend Article 93 to mandate election of the Deputy Speaker within a specific period (e.g., 60 days) after the first sitting of a new Lok Sabha. Eg: Similar to the time-bound requirement for forming a government after elections, a clear deadline would prevent indefinite delays.
    • Statutory Mechanism Empowering the President: Create a law allowing the President to direct the House to elect a Deputy Speaker if the position remains vacant beyond the stipulated time. Eg: On the advice of the Prime Minister or Speaker, the President could initiate proceedings to avoid constitutional anomalies.
    • Strengthening Parliamentary Conventions: Reinforce the long-standing practice of offering the Deputy Speaker’s post to the Opposition through formal House resolutions. Eg: Restoring this tradition would ensure bipartisan respect and encourage prompt consensus in electing the Deputy Speaker.

    Mains PYQ:

    [UPSC 2020] ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India?

    Linkage: While focusing on the Speaker, the question is relevant because the Deputy Speaker’s role is intrinsically linked to the robust functioning of parliamentary business and the need for impartiality or objectivity within the presiding officers’ roles.

  • When Parliament stayed awake through the night

    Why in the News?

    The recently held Budget session of Parliament became historic, as both the Lok Sabha and Rajya Sabha continued working all night and ended only around sunrise.

    What made the recently concluded Budget session of Parliament historically significant?

    • All-night Sitting: Both Lok Sabha and Rajya Sabha continued debates through the night until early morning, which is extremely rare. For example, the Rajya Sabha was still debating at 8:30 p.m., with 22 speakers left, and the Waqf Bill was passed only around 2:30 a.m.
    • Record High Productivity: The session saw exceptionally high legislative productivity — 118% in Lok Sabha and 119% in Rajya Sabha. Eg: This indicates that the Houses worked more hours than scheduled, completing more business than expected.
    • Rich Parliamentary Debate and Public Engagement: Despite the late hours, MPs spoke passionately, aiming for impactful speeches that could go viral or make headlines. Eg: A woman MP quoted Victor Hugo (mistakenly calling him British), showing both the depth and drama of the debate.

    Who played a critical role in capturing the nuances of the all-night parliamentary session for the public?

    • Parliamentary Reporters: They stayed overnight in the House, observing debates and documenting proceedings for the media. Eg: The author of the editorial, a parliamentary reporter, described the urgency and drama of speeches during the night.
    • News Desks and Editors: They coordinated under pressure to ensure reports met tight print deadlines while maintaining accuracy. Eg: The reporter received frantic messages from the desk urging for a timely copy to meet the morning paper’s schedule.
    • Media as a Democratic Bridge: Reporters help the public understand what’s happening inside Parliament, especially during rare sittings. Eg: Despite physical restrictions in the new Parliament building, reporters continue to attend sessions to provide detailed coverage.

    Where are reporters restricted from going within the new Indian Parliament building, despite having official access?

    • Glass Enclosure for Media Personnel: Reporters, especially from electronic media, are confined to a glass enclosure within the Parliament premises. This limits their ability to move freely and interact with Members of Parliament (MPs). Eg: On July 29, 2024, journalists were restricted to this enclosure and prevented from accessing areas like the ‘Makar Dwar’, where they traditionally gathered sound bites from MPs.
    • Restricted Access to ‘Makar Dwar’: The ‘Makar Dwar’, a main entrance used by MPs, has been cordoned off, preventing journalists from approaching MPs for interviews. Eg: Journalists were removed from this area, which was previously a common spot for media interactions with MPs.
    • Limited Entry to Press Galleries: Access to the press galleries has been significantly reduced, with only a limited number of journalists allowed entry, often through a non-transparent selection process. Eg: The Editors’ Guild of India noted that only a fraction of the approximately 1,000 accredited journalists are granted access, without a clear procedure.
    • Separate Entry Points and Increased Security Checks: Journalists now have designated entry points separate from MPs and officials, coupled with multiple security checks, making access more cumbersome. Eg: Reporters are frisked multiple times and must navigate a windowless corridor with security cameras to reach the press gallery.
    • Restrictions Around Key Offices: Areas surrounding the Prime Minister’s Office, the Speaker’s office, and the Rajya Sabha Chairman’s office are off-limits to journalists, limiting their coverage scope. Eg: These zones have been cordoned off, preventing media personnel from accessing them.

    Why do reporters persist in covering parliamentary debates despite challenges?

    • Democratic Responsibility: Reporters feel a duty to keep the public informed about how their representatives function, especially during important debates. Eg: Even during the late-night Budget session, reporters stayed to capture each speaker’s arguments, helping citizens understand crucial legislative developments.
    • Fear of Missing Crucial Details: Journalists worry they might miss significant moments or policy announcements if they leave early or tune out. Eg: During a midnight speech on the Waqf Bill, a Member of Parliament misattributed Victor Hugo as British — a detail that adds color and context to the reporting.
    • Drama and Insight: Parliamentary sessions offer intense debates, humor, emotional appeals, and unfiltered views — making them compelling for storytelling. Eg: The sight of an actor-turned-politician struggling through an angry speech added drama and human interest to the reporter’s coverage.

    Way forward: 

    • Ensure Transparent and Inclusive Media Access: Parliament should adopt a fair, transparent system for press gallery access and allow broader journalist participation, ensuring diverse media voices are represented. Eg: Revoking arbitrary restrictions and restoring access to areas like ‘Makar Dwar’ can enhance real-time, on-ground reporting.
    • Leverage Technology for Better Public Engagement: Install live-streaming infrastructure, media briefing zones, and provide official transcripts quickly to support timely, accurate reporting. Eg: Designated digital zones can help journalists report swiftly without compromising security or disrupting proceedings.

    Mains PYQ:

    [UPSC 2019]  Individual Parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.

    Linkage: Role of Parliamentary discussion and debate for the public. This also examines the role and effectiveness of individual Members of Parliament during parliamentary sessions. 

  • Among Ministries, Home Affairs ‘dropped’ most assurances

    Why in the News?

    Since 2014, the Ministry of Home Affairs made 421 assurances in the Lok Sabha and 338 in the Rajya Sabha. However, it dropped about 15% of the assurances in the Lok Sabha and 12% in the Rajya Sabha, which is the highest among all the ministries in both houses.

    What is an ‘Assurance’ in the parliamentary process, and how is it tracked?

    • An assurance in the parliamentary process is a commitment made by a Ministry or the executive during a parliamentary session, where the government undertakes to take further action or report back on a matter raised by a Member of Parliament (MP). Example: If an MP asks about the status of a government project, and the Minister promises to provide an update or take further action, that promise becomes an assurance.
    • Tracking of Assurances: Assurances are tracked by the Ministry of Parliamentary Affairs using the Online Assurance Monitoring System (OAMS). The system keeps records of whether assurances are fulfilled, pending, or dropped. If an assurance is not fulfilled within three months, the Ministry must apply for an extension or request that it be dropped.Example: A query about the status of the Adani ports, raised by Congress MP B. Manickam Tagore in 2023, resulted in an assurance, but as of 2024, the assurance remains pending.

    Why has the Ministry of Home Affairs dropped the highest number of assurances in Parliament?

    • Lack of Follow-up on Critical Issues: The Ministry often fails to follow through on assurances related to significant national security issues, leading to unfulfilled promises. For example, a question on the state-wise number of terrorist attacks and the number of terrorists arrested and killed, raised by former MP Sirajuddin Ajmal in 2014, was left unanswered, and the assurance was dropped.
    • Delayed Response to Investigative Matters: The Ministry often fails to follow up on assurances related to complex investigations. An example is the question raised by MP Asaduddin Owaisi in 2014 regarding ‘out of turn promotions’ and ‘gallantry awards’ given to policemen involved in fake encounters, which remained unanswered and was eventually dropped.
    • Inability to Fulfill Commitments on Security Incidents: The Ministry has been slow in responding to assurances related to major security incidents. For instance, questions raised by MP Manish Tiwari in 2019 and 2020 regarding the Pulwama terror attack investigation were not fully addressed, resulting in these assurances being dropped.

    Which ministries have the most pending and dropped assurances in the Lok Sabha and Rajya Sabha?

    • Ministry of Home Affairs: The Ministry of Home Affairs has the highest number of dropped assurances across both the Lok Sabha and Rajya Sabha. For example, questions regarding terrorist attacks and the status of security-related investigations, like the one raised by former MP Sirajuddin Ajmal about terrorist attacks, have not been answered, leading to the dropping of the assurance.
    • Other Ministries with High Numbers: Besides the Home Ministry, other ministries like Finance, Law and Justice, Road Transport and Highways, and Railways also feature among the top ministries with the most dropped assurances. For example, the assurance related to the investigation of the Adani Group, raised by MP Mahua Moitra in 2021, was dropped by the Finance Ministry despite the promise of further details on foreign investments and SEBI’s inquiry.

    How does the Online Assurance Monitoring System (OAMS) help in tracking government assurances?

    • Tracking and Monitoring: The Online Assurance Monitoring System (OAMS) allows for real-time tracking of assurances made by the government in Parliament. It records and publishes the status of each assurance, ensuring that the government is held accountable for its commitments. For example, the OAMS portal shows that nearly 65% of the assurances made in 2024 in the Lok Sabha were still pending as of March 24, 2024.
    • Transparency and Accountability: OAMS provides transparency by making the status of all assurances accessible to the public. This helps track whether ministries are fulfilling their promises in a timely manner or whether they request extensions. For example, it highlighted the pending status of the assurance regarding the Adani Group’s ports, made in 2023, which has still not been addressed.

    What are some notable examples of assurances that remain pending or were dropped between 2014 and 2024?

    • Adani Group Ports Assurance: In 2023, Congress MP B. Manickam Tagore asked about the status of government-constructed ports and the volume of trade at Adani-owned ports compared to state-owned ventures. The assurance given in response to this question remains pending as of 2024.
    • Investigation into the Adani Group: In 2021, MP Mahua Moitra raised the issue of investigating the Adani Group and foreign portfolio investors owning stakes in the company. The Finance Ministry provided some details but later dropped the assurance, leaving the matter unresolved.
    • Pulwama Terror Attack Assurances: Congress MP Manish Tiwari raised questions about the Pulwama terror attack in 2019 and 2020, but the Ministry of Home Affairs dropped the assurances related to those questions, leaving the issues without a formal follow-up.

    Way forward: 

    • Strengthening Follow-Up Mechanisms: To improve accountability, there should be a more robust system for tracking and following up on assurances. Ministries should be mandated to provide periodic updates, and a dedicated parliamentary committee could be formed to ensure timely resolution.
    • Enforcing Deadlines for Assurance Fulfillment: The government should consider setting stricter deadlines for fulfilling assurances, with consequences for non-fulfillment.

    Mains PYQ:

    Question: “Winning of ‘Hearts and Minds’ in terrorism-affected areas is an essential step in restoring the trust of the population. Discuss the measures adopted by the Government in this respect as part of the conflict resolution in Jammu and Kashmir.” [UPSC 2024]

    Linkage: Counter-terrorism efforts and the situation in Jammu and Kashmir, both significant areas of responsibility for the MHA. In response to such a question, the MHA might give assurances about specific measures being taken, data on their impact, or future plans.

  • Lok Sabha approves Demands for Grants of ₹50 Lakh Cr

    Why in the News?

    The Lok Sabha has passed the Demands for Grants of various Ministries for the financial year 2025-26, approving an expenditure of more than ₹50 lakh crore.

    What are Demands for Grants?

    • Demands for Grants refer to the expenditure estimates that require approval from the Lok Sabha under Article 113 of the Constitution of India.
    • These demands are essentially requests for funds by different ministries to cover their respective expenditure needs.
    • The Demands for Grants cover:
      • Revenue expenditure: Routine expenses for the functioning of government.
      • Capital expenditure: Investment-related spending, such as infrastructure and development projects.
      • Grants to States/UTs: Funds allocated to state governments and Union Territories for various purposes.
      • Loans & advances: Amounts lent to other entities or bodies.
    • Each ministry or department presents its own demand for grants.  Larger ministries may have multiple demands depending on the scope of their activities.
    • Types of Expenditures in Demands for Grants:
    1. Voted expenditure: It refers to the part of the budget that requires approval from the Lok Sabha. This expenditure can be debated and voted on by members of the House.
    2. Charged expenditure: It includes items like the President’s salary, judges’ salaries, debt servicing, and other such payments. This expenditure does not require a vote and is automatically passed.
    • Voting on Demands for Grants:
      • Exclusivity of Lok Sabha: Only the Lok Sabha has the power to vote on Demands for Grants.
      • Voting Process: Voting applies only to votable expenditure, with each demand voted on separately.
      • Guillotine Process: If time runs out for discussion, the Speaker applies the guillotine, automatically approving remaining demands.

    Constitutional Provisions on Demands for Grants

    • Article 113: Requires the President’s recommendation before any demand for a grant can be made.
    • Article 114: Money cannot be withdrawn from the Consolidated Fund of India without parliamentary approval.
    • Article 115: Allows supplementary grants if the budget is insufficient.
    • Article 116: Provides for Vote on Account and Vote of Credit if the budget is not passed before the start of the financial year.
    [UPSC 2024] Consider the following statements regarding the financial procedure in the Indian Parliament:
    1. The Appropriation Bill must be passed by the Lok Sabha after the Demands for Grants are voted upon.
    2. At the Union level, no demand for a grant can be made except on the recommendation of the President of India.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

     

  • India’s marginalised Parliament in budgetary affairs

    Why in the News?

    The current budget process reduces the involvement of elected representatives, weakening democratic accountability.

    How does the current budget process reduce the role of elected representatives and weaken democratic accountability?

    • Executive Monopoly Over Budget Formulation: The Budget is drafted exclusively by the Finance Ministry, with even Cabinet Ministers kept unaware until its presentation in the Lok Sabha. Example: Unlike legislative bills, the Union Budget is not subjected to extensive cabinet discussions before being tabled in Parliament.
    • Lack of Pre-Budget Consultations: Parliamentarians do not have an institutional mechanism to provide input before the Budget is finalized. Example: In contrast to countries like the UK, where parliamentary committees discuss budget priorities in advance, India lacks such structured engagement.
    • Limited Role of the Rajya Sabha: The Upper House has no direct power to amend or reject the Budget, reducing its ability to scrutinize financial policies. Example: The Finance Minister, even if a Rajya Sabha member, cannot vote on the Budget in the Lok Sabha, where financial matters are decided.
    • Weak Oversight by Parliamentary Committees: Parliamentary committees do not have the authority to modify budget proposals or demand policy changes. Example: Department-related Standing Committees review Demands for Grants but can only make recommendations, which the government is not bound to accept.
    • Time Constraints and Superficial Debates: The Budget session allows limited time for discussion, leading to rushed approvals without in-depth scrutiny. Example: In many cases, the Guillotine Process is used, where multiple Demands for Grants are passed without discussion due to time limitations.

    What is the Parliamentary Budget Office (PBO)?

    A Parliamentary Budget Office (PBO) is an independent, non-partisan institution that provides objective analysis of government budgets, fiscal policies, and economic forecasts to assist lawmakers in informed decision-making. It enhances legislative oversight, ensures transparency, and improves accountability in public finance management. Examples include the U.S. Congressional Budget Office (CBO) and Canada’s PBO.

    What about the constitutional status of the Parliamentary Budget Office (PBO)?

    There is no explicit mention of a Parliamentary Budget Office (PBO) in the Indian Constitution. However, its establishment can be linked to broader constitutional provisions related to financial oversight and legislative accountability:

    • Article 112 (Annual Financial Statement) – The Union Budget is presented before Parliament, which has the power to scrutinize and approve it. A PBO can strengthen this oversight by providing independent budgetary analysis.
    • Article 266 & 267 (Consolidated and Contingency Funds of India) – Parliament controls government expenditure, and a PBO can assist in evaluating the fiscal implications of such spending.
    • Article 148-151 (Comptroller and Auditor General – CAG) – While CAG audits past expenditures, a PBO would provide forward-looking budgetary insights to Parliament.
    • Article 105 (Powers and Privileges of Parliament) – Parliament has the right to seek information on financial matters, and a PBO could serve as a resource for unbiased fiscal analysis.

    Why is the establishment of a Parliamentary Budget Office (PBO) considered essential for fiscal oversight?

    • Independent and Data-Driven Budget Analysis: A PBO would provide legislators with non-partisan, expert analysis of government spending, revenue forecasts, and fiscal policies. Example: The U.S. Congressional Budget Office (CBO) conducts independent evaluations of federal budgets, ensuring transparency and evidence-based policy decisions.
    • Enhanced Legislative Scrutiny and Accountability: It would strengthen Parliament’s ability to evaluate the financial implications of policies and hold the executive accountable. Example: Countries like Canada and the UK have PBOs that assess fiscal policies, preventing governments from making unrealistic budgetary claims.
    • Support for Informed Decision-Making by Legislators: Parliamentarians often lack technical expertise in financial matters; a PBO would equip them with research reports and policy briefs. Example: Australia’s PBO helps legislators understand the long-term economic impact of proposed policies, ensuring fiscal discipline and responsible budgeting.

    How do pre-Budget discussions contribute to a more transparent and democratic Budget-making process?

    • Greater Legislative Involvement and Accountability: Pre-Budget discussions allow parliamentarians to voice public concerns, debate fiscal priorities, and influence resource allocation before the Budget is finalised. Example: In Germany, the Bundestag conducts pre-budget debates, ensuring the government considers legislative recommendations before finalizing financial plans.
    • Improved Public Participation and Transparency: Open discussions increase public awareness and trust by making the Budget-making process more inclusive and participatory. Example: South Africa holds public consultations before the Budget, allowing citizens to provide inputs, and ensuring financial policies align with public needs.
    • Better Coordination Among Subject Committees: Structured discussions help parliamentary committees collaborate effectively, leading to more informed scrutiny of sector-wise allocations. Example: In Sweden, parliamentary finance committees review preliminary budget proposals, enabling sector-specific recommendations before the final Budget is tabled.

    Which global models of legislative Budget scrutiny can India learn from to enhance parliamentary engagement?

    Country

    Features

    Example
    United States – Congressional Budget Office (CBO) for Independent Analysis The U.S. Congressional Budget Office (CBO) provides independent, non-partisan economic and budgetary analysis to assist lawmakers in evaluating fiscal policies. India could establish a Parliamentary Budget Office (PBO) for similar fiscal oversight.
    United Kingdom – Strong Parliamentary Committee System: The UK’s House of Commons Treasury Committee scrutinizes budget proposals, questioning government officials and publishing reports on financial policy. In 2021, the Treasury Committee analyzed the economic impact of the UK Budget and made recommendations for pandemic recovery, influencing fiscal decisions. India can strengthen its Parliamentary Committees to enhance budgetary oversight.
    Germany – Pre-Budget Consultations for Legislative Input: The Bundestag (German Parliament) conducts structured pre-Budget discussions, allowing legislators to debate fiscal priorities before finalizing budgetary allocations. Germany’s Medium-Term Financial Planning Framework ensures that multi-year fiscal policies align with economic goals. India could introduce pre-Budget discussions to improve transparency and parliamentary engagement.

    Way forward: 

    • Establish a Parliamentary Budget Office (PBO) for Independent Analysis: A PBO should be set up to provide non-partisan, expert-driven financial analysis to Parliament, similar to the U.S. Congressional Budget Office (CBO). This would enhance legislative oversight, fiscal transparency, and informed decision-making by equipping parliamentarians with independent budget assessments.
    • Institutionalize Pre-Budget Consultations and Strengthen Committee Oversight: Implement structured pre-Budget discussions involving parliamentary committees, policymakers, and stakeholders to ensure greater transparency and inclusivity in Budget-making.

    Mains question for practice:

    Question: “The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate. (UPSC 2024)

    Reason: This question addresses the broader theme of parliamentary supremacy being undermined by the executive. The budget being primarily an executive-driven process, with limited parliamentary influence, is a prime example of this marginalization.