Amritpal Singh’s detention has raised concerns over his parliamentary position, as Article 101(4) states that an MP’s seat can be vacated after 60 consecutive absences without permission. He has missed 46 sittings so far.
About Article 101(4) and its Feature
Article 101(4) states that if a Member of Parliament (MP) is absent from all meetings of the House for a period of 60 days, their seat may be declared vacant.
The 60-day period is counted continuously (excluding adjournments but including recess).
If the MP remains absent without prior permission from the House, the seat can be vacated under Article 101(4).
No MP has ever lost a seat under Article 101(4) in practice.
The House may grant condonation (excuse the absence) if a valid reason is provided.
This provision ensures active participation of MPs and prevents prolonged absenteeism.
If an MP does not attend any session of Lok Sabha or Rajya Sabha for 60 days without permission, the House can initiate proceedings to declare the seat vacant.
Legal Options
Like past MPs, Amritpal can formally request permission to remain absent due to his incarceration.
Former MP from Uttar Pradesh Atul Rai received similar permission in 2023 while in jail.
The Lok Sabha must formally vote to declare his seat vacant, making disqualification unlikely unless actively pursued.
PYQ:
[2012] Regarding the office of the Lok Sabha speaker, consider the following statements:
He/She holds the office during the pleasure of the President.
He/She need not be a member of the House at the time of his/her election but has to become a member of the House within six months from the date of his/her election.
If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 3 only
(c) 1, 2 and 3
(d) None
PYQ Relevance: Q) To what extent, in your view, the Parliament can ensure accountability of the executive in India? (UPSC CSE 2021)
Mentor’s Comment: UPSC mains have always focused on Parliamentary Sessions (2017 & 2018) and Parliamentary Powers (2021).
The recently concluded Winter Session of Parliament has been criticized for lacking productivity due to frequent disruptions. These productivity fluctuations indicate broader political tensions and the need for improved collaboration among parliamentary members to enhance governance.
Today’s editorial focuses on Parliamentary productivity and the challenges associated with it. This content can be used to present the current issues faced by our Parliamentary Democracy in India.
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Let’s learn!
Why in the News?
The recent winter session of Parliament (heldfrom November 25 to December 20, 2024) was marred by significant disruptions from both the Opposition and the Treasury benches, resulting in more adjournments than productive discussions.
This led to a prevailing feeling of having disappointed the Indian public.
Key Statistics:
• Total Hours Lost: The Lok Sabha lost 65 hours and 15 minutes due to disruptions, marking the highest loss among all sessions this year. • Productivity Rates: – Lok Sabha: Functioned for only 52% of its scheduled time. – Rajya Sabha: Achieved a mere 40.03% productivity rate, with effective functioning for just 43 hours and 27 minutes.
What were the key Legislative Activities?
Bills introduced and passed: A total of four bills were introduced, including the Bharatiya Vayuyan Vidheyak, 2024, which was passed in both Houses with minimal opposition. This bill aimed to reform civil aviation regulations.
Other notable bills included the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, which proposes the ‘One Nation, One Election’ policy, and the Coastal Shipping and Merchant Shipping Bills, which focused on maritime industry development.
Debates and Discussions: The Lok Sabha engaged in discussions about the Constitution for a total of 16 hours, while the Rajya Sabha devoted 17 hours to similar discussions. However, no adjournment motions were accepted in either House.
The proposal for ‘One Nation, One Election’ sparked considerable debate, with the government advocating for it as a cost-saving measure while the Opposition raised concerns about its implications for federalism.
A special session was held to commemorate the 75th anniversary of the Constitution, although it was overshadowed by ongoing protests.
Further, the session saw significant protests and chaos, primarily driven by the Opposition’s demands for discussions on various issues, including allegations against the Adani Group and remarks made regarding Dr. B.R. Ambedkar.
Supplementary Budget: The first supplementary budget for 2024-25 was discussed and passed, providing an additional expenditure of ₹44,143 crore (approximately 1% of total budgeted expenditure) to enhance financial operations.
What were the challenges facedin the session?
Physical Altercations: Scuffles occurred among MPs, resulting in injuries and an FIR against the Leader of the Opposition.
Parliamentary Affairs Minister attributed the lack of productivity to persistent demonstrations by the Opposition. Emphasis was laid on the requirement of all parties to collaborate to restore parliamentary decorum.
Question Hour Ineffectiveness: In the Rajya Sabha, Question Hour did not function for 15 out of 19 days, while in the Lok Sabha, it was ineffective for over 10 minutes on 12 out of 20 days.
The session was heavily impacted by protests and disruptions, resulting in the Lok Sabha losing approximately 65 hours of productive time.
This significantly reduced overall productivity, with Lok Sabha functioning at only 52% of its scheduled time and Rajya Sabha at 39%.
Private Members’ Business: There was minimal engagement in private members’ business; no bills were debated in the Lok Sabha, and only one resolution was discussed in the Rajya Sabha.
Way Forward: The Winter Session has been described as one of the least productive in recent years, reflecting a troubling trend in parliamentary proceedings. With ongoing tensions and frequent disruptions, political parties must prioritize effective governance and uphold the dignity of Parliament.
The 129th Constitution Amendment Bill, 2024, mandates fixed five-year Lok Sabha terms, aligning State Assembly elections, with mid-term polls serving only the remainder of the five-year tenure if dissolved.
Do fixed legislative tenures promote better governance?
Potential for Improved Stability: Fixed tenures can provide a stable political environment, reducing frequent electoral disruptions that may hinder long-term governance plans.
Governance Challenges: However, Achary argues that while fixed terms might seem beneficial, they could lead to governance issues if political instability arises, as seen in states where mid-term elections are necessary due to governmental collapse.
Note:
Fixed Legislative Tenure refers to predetermined, non-variable terms for legislatures, ensuring elections occur at set intervals, and enhancing stability.
Mid-term polls are elections held before the scheduled end of a legislative term, usually triggered by government collapse or dissolution.
How would fixed tenures impact the accountability of elected officials?
Increased Accountability: Frequent elections are believed to enhance political accountability since representatives must consistently engage with their electorate. Achary emphasises that regular electoral cycles compel politicians to remain responsive to public needs.
Mid-Term Elections as a Safety Valve: Allowing mid-term elections maintains accountability within the legislative framework, ensuring that elected officials remain answerable to their constituents even if they face political challenges during their term.
What are some learnings from the Western world?
Lessons from the UK: The UK’s Fixed-term Parliaments Act of 2011 was meant to set fixed terms for its Parliament but caused problems like policy delays and constitutional issues.
It was eventually repealed. India’s plan is different because it allows mid-term elections, where new governments serve only the remaining term, not a full fixed term.
Lessons from Germany: The Constructive Vote of No Confidence in Germany mandates the selection of a new leader before the current one is removed, ensuring stability. However, this approach is not well-suited to India’s political system and has not gained significant support.
What challenges might arise from implementing fixed tenures in the Indian political context?
Erosion of Federalism: Aligning State Assembly tenures with those of the Lok Sabha could weaken federalism by reducing the autonomy of state legislatures. This may result in premature dissolutions and disruptions in local governance.
Political Instability Risks: The bill’s provision for shorter tenures following mid-term elections could result in significant instability. If a government collapses mid-term, the resultant Lok Sabha might only serve for about a year, which is seen as undesirable by Madhavan.
Potential for Increased Political Maneuvering: There is doubt about whether fixed tenures can effectively deter practices like horse trading or efforts to destabilize governments. While the bill aims to address such issues, its success is uncertain.
Way forward:
Strengthen Federalism: Ensure state legislatures retain autonomy by allowing flexibility in election cycles and minimizing central influence on state governance.
Mitigate Political Instability: Introduce safeguards like stricter anti-defection laws and robust mechanisms to address mid-term government collapses while maintaining accountability.
Mains PYQ:
Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)
Law Minister is proposing that the Bills on “One Nation, One Election” be referred to a Joint Parliamentary Committee (JPC) for further examination.
The committee will have 21 members from the Lok Sabha and 10 members from the Rajya Sabha.
About Joint Parliamentary Committee (JPC):
What is a JPC?
JPC is a committee formed by both Houses of Parliament for scrutinizing a subject or Bill in detail.
It includes members from both Lok Sabha (Lower House) and Rajya Sabha (Upper House).
Members represent both ruling parties and opposition.
Number of members in a JPC can vary based on the task at hand and the members are decided by the Parliament.
The JPC is dissolved once its task is completed or its term ends.
A motion is passed in one House of Parliament, and the other House agrees to it.
Structural Mandate
Mandate of a JPC is determined by the motion that forms it.
Scrutinizing documents related to the subject.
Summoning people for questioning.
Submitting a report and making recommendations to the government.
The proceedings and findings are confidential except in matters of public interest.
Speakerof the House resolves any disputes regarding evidence.
Nature of JPC Recommendations
Recommendations are advisory and persuasive but not binding on the government.
The government can choose whether or not to follow the recommendations.
The government must submit an Action Taken Report to Parliament on the actions taken based on the JPC’s recommendations.
Notable JPCs in the Past
Telecom Licenses and Spectrum Allocation (2011).
Stock Market Scam (1992) and related matters.
Irregularities in Securities and Banking Transactions.
Bofors Contract Inquiry (1987).
Constitutional and Legal Position Regarding the Office of Profit.
Waqf (Amendment) Bill (2024).
PYQ:
[2018] With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the house whether the powers to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?
Lok Sabha Speaker has constituted six new Parliamentary Committees, for a tenure of 1year:
Origin
Composition
Functions
Public Accounts Committee (PAC)
Established in 1921 under the Government of India Act, 1919
22 members: 15 Lok Sabha + 7 Rajya Sabha;
Chairman from the Opposition,
Appointed by the LS Speaker.
Examines public expenditure, scrutinizes CAG reports, and ensures efficient use of public funds.
Committee on Estimates
Traces back to 1921; reconstituted in 1950 (recommended by John Mathai)
30 members,
All from Lok Sabha;
Elected annually through proportional representation.
Minister CANNOT be a member.
Examines budget estimates, suggests economic efficiencies, and recommends alternative policies.
Committee on Public Undertakings
Established in 1964 based on the Krishna Menon Committee
22 members: 15 Lok Sabha + 7 Rajya Sabha;
Chairman appointed by the Speaker,
Chosen from Lok Sabha members
Examines accounts and reports of PSUs, and provides recommendations without interfering in operations.
Committee on Welfare of OBCs
The committee was constituted in June 2012
It comprises 30 members, with 20 from the Lok Sabha and 10 from the Rajya Sabha
Focuses on the implementation of policies for OBC welfare, evaluates reservations, and suggests improvements.
Committee on Welfare of SC/ST
N/A
The committee consists of 30 members, with 20 elected from the Lok Sabha and 10 from the Rajya Sabha.
Ensures implementation of safeguards for SCs and STs, reviews welfare programs, and suggests enhancements.
Joint Committee on Office of Profit
Joint Committee on Office of Profit was established by the Lok Sabha on July 23, 2019
15 members; 10 Lok + 5 from Rajya Sabha.
Examines cases of MPs/MLAs holding offices of profit, determine qualification, and maintains legislative integrity.
PYQ:
[2018] With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the house whether the powers to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?
The opposition has submitted a notice in the Rajya Sabha to initiate privilege proceedings against Union Education Minister.
It is alleged that the Minister ‘misled’ the House regarding the issue of the Preamble to the Constitution being ‘dropped’ from certain NCERT textbooks.
What is a Privilege Motion?
Details
What is it?
A formal notice by an MP when rights or privileges of Parliament or its members are breached.
Parliamentary privilege refers to the right and immunity enjoyed by legislatures (Article 105).
Who can move such motion?
Any Member of Parliament (MP) from Lok Sabha or Rajya Sabha.
Governing Rules
Lok Sabha Rule book: Rule 222, Chapter 20
Rajya Sabha Rule book: Rule 187, Chapter 16
Procedure
Requires consent from Speaker/Chairperson;
Notice must concern a recent incident needing House intervention.
Role of Speaker/Chairperson
First level of scrutiny;
Can decide on the motion or refer it to the Privileges Committee.
Privileges Committee
Lok Sabha: 15 members, nominated by Speaker
Rajya Sabha: 10 members, headed by Deputy Chairperson
Outcome
Committee submits a report;
House may debate and pass a resolution based on the report.
Historical Example
1978: Privilege motion against Indira Gandhi, leading to her expulsion from the Lok Sabha.
Legal Implications
If a breach of privilege is established, the Parliament has the authority to impose penalties.
These can range from a reprimand to expulsion from the House, depending on the severity of the breach.
PYQ:
[2014] Consider the following statements regarding a No-Confidence Motion in India:
1. There is no mention of a No-Confidence Motion in the Constitution of India.
2. A Motion of No-Confidence can be introduced in the Lok Sabha only.
Which of the statements given above is/are correct?
Q1 The Indian Constitution has provisions for holding joint sessions of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (UPSC IAS/2017)
Q2 Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in the past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (UPSC IAS/2020)
Note4Students:
Prelims: Money Bill
Mains: Issues related to Money Bill
Mentor comments: In the coming weeks, a seven-judge Bench of the Supreme Court of India will address key questions regarding the definition and scope of a Money Bill. The ruling will impact numerous legislations passed recently without Rajya Sabha approval. The case, stemming from the November 2019 Rojer Mathew vs. South Indian Bank Ltd. verdict, challenges the Finance Act, 2017. This Act, certified as a Money Bill, made extensive changes to 26 tribunals’ authority and jurisdiction, including their abolition, merger, and the imposition of new qualifications and service conditions.
Let’s learn!
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Why in the News?
The Supreme Court’s ruling will impact legislation passed without the Rajya Sabha’s approval and influence the state of India’s federal structure.
Articles and definitions: •Article 109: Allows Money Bills to become law with only the Lok Sabha’s approval; Rajya Sabha can only make recommendations, which are not binding. •Article 110(1): Defines a Money Bill, listing subjects such as taxation, borrowing, and appropriation from the Consolidated Fund of India. A Bill must address only these subjects to be deemed a Money Bill. •Article 110(3): Grants the Speaker of the Lok Sabha the final authority to determine if a proposed legislation is a Money Bill.
A colourable exercise of power:
This term refers to actions taken by a legislative body that, while appearing to be within their authority, actually circumvent constitutional limits or principles.
In the context of the Finance Act, 2017, the petitioners argue that the Act’s provisions extend beyond the permissible scope of a Money Bill, thereby constituting a subterfuge to bypass the Rajya Sabha.
Arguments Against the Finance Act, 2017
The Finance Act, 2017, included extensive amendments affecting the terms of office, qualifications, and regulatory powers of tribunals. These changes were seen as far-reaching and not merely incidental to financial matters, which should be the sole concern of a Money Bill as defined in Article 110(1) of the Constitution.
The Act conferred significant powers to the executive to regulate tribunals through delegated legislation. This delegation was criticized as granting unbridled authority, undermining the independence of the judiciary.
The petitioners contended that the Act perverted the Constitution’s plain language, aiming to defeat its fundamental principles, particularly the separation of powers and the independence of the judiciary.
Judicial Precedents and Constraints
K.S. Puttaswamy Case: The majority in the Rojer Mathew case felt constrained by the precedent set in K.S. Puttaswamy vs. Union of India, where the Supreme Court upheld the classification of the Aadhaar Act as a Money Bill. The majority opinion noted that the Puttaswamy case did not adequately clarify the implications of the word “only” in Article 110(1), which is crucial for determining the legitimacy of a Money Bill.
Need for Clear Standards: The lack of bright-line rules regarding the Speaker’s certification of a Bill as a Money Bill has led to ambiguity. The Rojer Mathew case emphasizes the necessity for a definitive interpretation of what constitutes a Money Bill to prevent future misuse of this classification.
Implications of the Rojer Mathew Case
Potential for Future Challenges: The outcome of the Rojer Mathew case could have significant implications for the classification of future legislation as Money Bills, particularly regarding the balance of power between the Lok Sabha and Rajya Sabha.
Broader Legislative Impact: If the seven-judge Bench decides to interpret the term “only” in a manner that restricts the scope of Money Bills, it could limit the legislative powers exercised through this route, thereby reinforcing constitutional safeguards against the misuse of legislative authority.
Role of Rajya SabhaFederal Backbone:
•Justice D.Y. Chandrachud emphasized that the Rajya Sabha is an “indispensable constitutive unit of the federal backbone of the Constitution.” It represents the interests of states and ensures their voices are heard in the legislative process. •Representation of Pluralism: The Rajya Sabha acts as a mirror to the pluralistic nature of Indian society, reflecting diverse regional and cultural interests that may not be adequately represented in the Lok Sabha.
Checks and Balances •Preventing Authoritarianism: The Rajya Sabha serves as a check on the Lok Sabha, especially when the ruling party has a significant majority. It can prevent hasty or ill-considered legislation driven by populist sentiment. •Deliberative Role: As a deliberative body, the Rajya Sabha provides a platform for thorough debate on major issues, allowing for a more measured approach to law-making compared to the often fast-paced decisions of the Lok Sabha.
Legislative Review • The Rajya Sabha is designed to review and re-evaluate legislation passed by the Lok Sabha, ensuring that laws are carefully considered and that potential flaws are addressed before enactment. • It acts as a guardian of the rights of states, promoting decentralization and ensuring that state interests are adequately represented in national legislation.
Representation of Vulnerable Sections •Inclusivity: The Rajya Sabha allows for representing marginalized and minority groups, providing them a voice in the legislative process. This is particularly important for women, and religious, ethnic, and linguistic minorities who may struggle to gain representation in the Lok Sabha. • The President nominates members to the Rajya Sabha for their expertise in various fields, ensuring that diverse perspectives are included in legislative discussions.
Way forward:
Clarification of Money Bill Criteria: The Supreme Court should provide a clear and definitive interpretation of Article 110, particularly the implications of the term “only” in defining what constitutes a Money Bill.
Strengthening the Role of the Rajya Sabha: The Court’s ruling should reinforce the importance of the Rajya Sabha as a critical component of India’s federal structure.
The 18th Lok Sabha’s special session featured intense debates on the ‘Motion of Thanks’ to the President’s address, culminating in disputes over expunged remarks by Opposition leaders.
What are expunged remarks?
Expunged remarks in Parliament refer to the words deemed defamatory, indecent, or unparliamentary by the presiding officer and are deleted from the official record.
What is a ‘Motion of Thanks’?
A Motion of Thanks is moved in the Lok Sabha and the Rajya Sabha after the President’s address (Article 87) by an MP of the ruling party, following which it is debated in both the Houses.
It is a customary practice, adopted from the British Parliament. The Indian Constitution does not provide for any such motion, except direction that each House shall discuss the matters contained in the address.
In most cases, three days are set aside for a discussion of the Motion of Thanks and the members are at liberty to speak on any matter of national or international importance and other issues.
Why did the Opposition engage in a war of words with the government over expunging certain remarks?
The expunging of critical remarks escalated tensions between the Opposition and the government, leading to a verbal clash during the parliamentary session.
There were concerns about transparency in the expunction process, with accusations of biased decisions by the presiding officers.
The opposition alleged that there were different standards for expunging remarks made by their leaders compared to those made by ruling party members.
Opposition members argued that their remarks critical of the Prime Minister and the ruling party were unfairly expunged, infringing on their Parliamentary Privilege of Free speech.
What is the process for ‘expunging remarks’ in Parliament?
Presiding Officer’s Discretion: Under Rule 261 in Rajya Sabha and Rules 380 and 381 in Lok Sabha, the Chairman or Speaker can order expunction if words are deemed defamatory, indecent, unparliamentary, or undignified.
If objectionable words are used, the Chair may request their withdrawal; if not complied with, the words are expunged immediately.
Recording Changes: Expunged portions are marked with asterisks and a footnote explaining that they were expunged as ordered by the Chair.
Publication Restrictions: Media are provided with a list of expunged words/phrases and are prohibited from publishing them to avoid a breach of parliamentary privilege.
Can a member of the Lok Sabha direct a remark against a Minister?
Parliamentary Privilege: Members of Parliament (MPs) have the privilege of ‘Freedom of Speech and Expression’ within the House.
This includes the right to question the conduct, policies, or actions of Ministers during parliamentary debates without fear of legal repercussions.
Procedural Requirements: According to parliamentary rules (Rule 353 in Lok Sabha), if an MP wishes to make an allegation against a Minister, they are required to provide advance notice.
This notice allows the Minister in question to prepare a response or provide facts to address the allegation during the debate.
Government Accountability: MPs play a crucial role in holding the government accountable to Parliament and the public. Allegations made against Ministers are part of this oversight function, ensuring transparency and accountability in governance.
However, these allegations must be made in adherence to parliamentary decorum and procedural rules to maintain fairness and order in debates.
What do the various rules state?
Rajya Sabha (Rule 261): Allows the Chairman to expunge defamatory, indecent, unparliamentary, or undignified words from proceedings.
Lok Sabha (Rules 380 and 381): Similar provisions for the Speaker to expunge objectionable remarks from parliamentary records.
Scope of Expunction: Rules also cover situations where remarks are detrimental to the national interest, offensive to dignitaries, or likely to affect religious or communal sensitivities.
Digital Age Challenges: Despite expunction, digital recordings and social media can perpetuate expunged remarks, challenging the effectiveness of traditional expunction practices.
Way forward:
Enhanced Monitoring and Control: Implement advanced monitoring tools that can detect and automatically blur or mute expunged remarks in live broadcasts and recordings of parliamentary proceedings. This can help prevent the inadvertent spread of expunged content on digital platforms.
Public Awareness and Education: Encourage responsible reporting and sharing practices to uphold the integrity of expunctions in parliamentary records.
Mains PYQ:
Q ‘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? (UPSC IAS/2020)
For a decade, the Leader of Opposition in Lok Sabha remained vacant due to the absence of any party meeting the customary threshold of one-tenth of the House’s strength, now filled by Rae Bareli MP Rahul Gandhi.
Leader of Opposition in the past:
Who can serve as Leader of Opposition in Lok Sabha and Rajya Sabha?
Legal Definition: According to The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, the Leader of the Opposition is a member of the Lok Sabha or Rajya Sabha who leads the largest party in opposition to the government, recognised by the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
Needed Strength: The leader must lead the party with the greatest numerical strength among the opposition parties in the respective House.
Recognition: The Speaker (Lok Sabha) or Chairman (Rajya Sabha) is mandated to recognize the leader of the largest opposition party as the Leader of the Opposition, irrespective of the party having a minimum threshold of 10% seats in the House.
Significance of the positions and its significant role in Indian Political Democracy
Voice of the Opposition: The Leader of the Opposition serves as the primary spokesperson for the opposition in the House, articulating their views, criticisms, and alternative policies to those of the government.
Role in Committees: The Leader of Opposition plays a crucial role in high-powered committees responsible for appointments to key posts like the Director of CBI, Central Vigilance Commissioner, and others. This ensures a bipartisan approach in crucial appointments.
Ceremonial Role: The Leader of Opposition enjoys ceremonial privileges such as sitting in the front row during important occasions like the President’s Address to Parliament, symbolizing their role as a significant political figure.
Constitutional Checks and Balances: By providing an institutionalized position for the opposition, the Leader of Opposition ensures checks and balances on the ruling party’s power, fostering democratic accountability and oversight.
Precedence and Protocol: In the order of precedence, the Leader of Opposition ranks alongside Union Cabinet Ministers and other senior officials, reflecting their role in the functioning of the parliamentary democracy.
Conclusion: The Leader of Opposition in Lok Sabha and Rajya Sabha, recognized per the 1977 Act, leads the largest opposition party, ensuring a vital role in governance oversight, committee appointments, and parliamentary protocol, crucial for democratic checks and balances.
Mains PYQ:
Q The Indian Constitution has provisions for holding joint sessions of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (UPSC IAS/2017)
Q. The Indian Constitution has provisions for holding joint sessions of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (UPSC IAS/2017)
Q. Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples. (UPSC IAS/2021)
Mentors comment: The Lok Sabha, the lower house of India’s Parliament, conducts sessions three times a year: Budget, Monsoon, and Winter. These sessions involve deliberations on legislation, budget discussions, and policy debates. The Budget Session, held between February and May, is crucial for financial legislation. The Monsoon Session, usually in July and August, focuses on legislative business and discussions. The Winter Session, in November and December, addresses pending bills and other urgent matters. These sessions are vital for the democratic functioning of India, ensuring accountability and transparency in governance, and providing a platform for addressing national issues and public concerns.
Let’s learn!
Why in the News?
The 18th Lok Sabha’s inaugural session has begun with oath-taking of the MPs.There are high expectations for improved deliberations and functioning due to the changed political dynamics created by the Coalition government.
Inaugural Points of Friction
Statue Relocation: The Congress objected to the relocation of Mahatma Gandhi and B.R. Ambedkar statues to ‘Prerna Sthal’ without due process.
Pro Tem Speaker Appointment: The appointment of BJP’s Bhartruhari Mahtab as pro tem Speaker ignored the convention of appointing the senior-most member.
Responses: Speaker Om Birla and Parliamentary Affairs Minister Kiren Rijiju addressed these concerns publicly, emphasising adherence to tradition and procedure.
18th Lok Sabha: Powered by Coalition Dynamics
Coalition Government: After a decade, India has a coalition government headed by the single-largest party’s leader.
Dependency on Allies: The current government relies on crucial support from regional allies, Janata Dal (United) and Telugu Desam Party.
Contrast with Previous Government: Unlike the previous NDA government (2014-24), the BJP now lacks a comfortable majority, making coalition dynamics more significant.
Larger Role of Numerically StrongerOpposition
Checks and Balances: The 2024 election results emphasise the need for a stronger Opposition to provide checks and balances.
Larger Voice: The combined Opposition strength is slightly over 230 members, while the governing coalition has over 300 members.
Implications: This shift indicates potential for greater government accommodation of Opposition concerns and more balanced parliamentary debates.
How does this impact Parliamentary Functioning and oversight?
Previous Complaints: During the last decade, the BJP’s majority often limited the Opposition’s space in Parliament.
Issues of Contention: Examples include the non-acceptance of adjournment notices and insufficient discussion on significant issues such as the border situation with China.
Legislative Productivity: The government’s focus on legislative productivity sometimes bypassed adequate scrutiny and debate, causing friction with the Opposition.
Ensuring greaterParliamentary Efficiency
Role of Parliamentary Committees
Diminished Oversight: The role of parliamentary committees in scrutinising legislation has diminished over time.
Committee Benefits: Committees allow non-partisan examination and fine-tuning of proposed legislation, enhancing legislative quality.
Case Study: The controversial farm laws were passed without committee scrutiny, leading to widespread protests and their eventual withdrawal.
Rules and Conventions in Parliament
Parliamentary Rules: Both Houses have distinct Rules of Procedure and Conduct that guide their functioning.
Time-Honoured Conventions: Rajya Sabha allows members to seek clarifications on suo motu statements by Ministers, a unique practice.
Question Hour: This practice holds the government accountable through detailed questioning of Ministers, reflecting their grasp of subjects and their accountability to Parliament.
Speaker and Deputy Speaker Elections
Speaker Election: The first significant test will be electing the Speaker, with the governing coalition holding an advantage due to its numerical strength.
Deputy Speaker Election: The Deputy Speaker position, vacant during the 17th Lok Sabha, is expected to go to the Opposition, citing tradition and convention.
Historical Context: Exceptions exist, such as the AIADMK’s M. Thambidurai being elected Deputy Speaker in 1985 and 2014, reflecting the importance of tradition in parliamentary roles.
The President’s Address and Motion of Thanks
President’s Address: The address outlines the government’s policies and programmes for the coming year.
The motion of Thanks: The ensuing debate provides the Opposition an opportunity to scrutinize and debate government policies comprehensively.
Omnibus Resolution: The Motion of Thanks debate allows broad discussions, helping to highlight and analyze various national issues.
Way Forward
Governing Coalition’s Role: The coalition must take all opinions into account, ensuring inclusive decision-making.
Opposition’s Strategy: The Opposition needs to effectively use parliamentary tools to hold the government accountable.
Civility in Debate: Maintaining civility in debates is crucial for productive parliamentary functioning and fostering a constructive legislative environment.
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