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Central Idea

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

What is mean by Parliamentary Democracy?

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

What is mean by Executive Democracy?

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

Executive Democracy vs. Parliamentary Democracy

How the safeguards against executive dominance are being diluted?

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

The implications of executive dominance

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

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

Way forward: Restoring the prominence of Parliament

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

Conclusion

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