💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Subject: Polity

  • Kapil Sibal writes: The Collegium system has failed India

    Burning Issue] Judiciary in Times of COVID-19 Outbreak - Civilsdaily

    Central Idea:

    The author highlights the challenges faced by the Indian judiciary, emphasizing the need for unbiased judges and a political system that separates religion from politics. The use of religious sentiments for divisive purposes is criticized, calling for a transparent and merit-based judicial appointment system.

    Key Highlights:

    • Judicial challenges in handling a growing population and increasing litigations.
    • Delayed justice in the Supreme Court, impacting the relevance of decisions.
    • Concerns about the quality of judges and perceived ideological alignments in appointments.
    • Critique of the current collegium system and its lack of transparency.

    Key Challenges:

    • Overburdened judiciary with a rising number of cases.
    • Delayed justice affecting the effectiveness of legal decisions.
    • Perceived ideological biases in judicial appointments.
    • Lack of a transparent and merit-oriented system for judge selection.

    Key Terms:

    • Collegium System: The system of appointing judges through a committee of senior judges.
    • Ideological Alignment: Alleged connections between judges and specific political or religious ideologies.
    • Judicial Hierarchy: The levels of the judicial system, with the Supreme Court being the highest.

    Key Phrases:

    • “Bedevilled with challenges”: Describing the complex issues faced by the judiciary.
    • “Divide and rule”: Criticizing the use of religious emotions for political manipulation.
    • “Seminal issues”: Highlighting the critical issues decided by the Supreme Court.

    Key Quotes:

    • “India needs judges who deliver justice unconcerned with majoritarian sentiments.”
    • “The collegium system has failed us.”
    • “For the judiciary to regain its glory, it needs to do more than just decide on cases.”

    Key Examples and References:

    • Reference to the Chief Justice addressing dormant cases but acknowledging the urgency needed.
    • Critique of the appointment of judges based on perceived proximity to political power.

    Key Facts and Data:

    • Increase in litigants seeking justice due to a burgeoning population.
    • Delayed hearings and decisions in the Supreme Court.
    • Issues with the current system of appointing judges.

    Critical Analysis:

    The author criticizes the judiciary’s current state, highlighting issues of delayed justice, ideological biases, and the failure of the collegium system. Emphasis is placed on the need for transparency and merit in the appointment process.

    Way Forward:

    • Reforming the judicial appointment process to ensure transparency and meritocracy.
    • Addressing the backlog of cases to expedite justice delivery.
    • Advocating for a political system that separates religion from politics to avoid divisive agendas.

  • Raj Bhavan needs radical reforms

    Kerala Conundrum: As Arif Khan 'Withdraws Pleasure' in FM, News18 Decodes if Guv Can Sack a Minister - News18

    Central Idea:

    The conduct of Governors in Opposition-ruled States, exemplified by the recent actions of Kerala’s Governor, raises concerns about adherence to constitutional morality, necessitating a reevaluation of their roles and legal consequences.

    Key Highlights:

    • Kerala’s Governor, Arif Mohammed Khan, faced criticism for instructing the removal of posters and accusing the Chief Minister of supporting activists against him.
    • Breaches of protocol, such as an unannounced tour of Kozhikode, added to the growing trend of Governors’ controversial actions.
    • While the Constitution outlines functions, powers, and duties of Governors, the concept of constitutional morality should guide their public behavior.
    • Reference to NCT of Delhi v. Union of India highlights the responsibility of individuals occupying constitutional offices.
    • Article 361 provides limited immunity for Governors, exempting them from court scrutiny for official acts.
    • Rameshwar Prasad v. Union of India establishes judicial review for cases of Governor’s motivated and whimsical conduct, suggesting accountability.
    • Kaushal Kishor v. State of Uttar Pradesh clarifies that public functionaries’ freedom of expression is subject to reasonable restrictions.
    • Ministers can be held personally liable for statements inconsistent with government views, emphasizing personal responsibility.
    • Sarkaria Commission Report (1988) criticized Governors for lacking impartiality and becoming agents of the Union, emphasizing the need for detachment.
    • Justice M.M. Punchhi Commission (2010) recommended restricting Governors from roles not envisaged by the Constitution, citing potential controversies.

    Key Challenges:

    • Governors’ failure to display impartiality and sagacity, engaging in local politics and controversies.
    • Lack of adherence to recommendations for detached roles and limitations on Governors’ powers.

    Key Terms and Phrases:

    • Constitutional morality
    • Limited immunity (Article 361)
    • Judicial review
    • Chancellorship of universities
    • Sarkaria Commission
    • Punchhi Commission
    • Democratic legitimacy
    • Raj Bhavans

    Key Quotes:

    • “Constitutional morality places responsibilities and duties on individuals who occupy constitutional institutions and offices.” – NCT of Delhi v. Union of India (2018)
    • “Some Governors have failed to display the qualities of impartiality and sagacity expected of them.” – Sarkaria Commission Report (1988)
    • “The Governor should be a detached figure and not too intimately connected with the local politics of the State.” – Justice M.M. Punchhi Commission report (2010)

    Key Statements:

    • Judicial review possible for Governor’s misbehavior unconnected with official duty.
    • Sarkaria and Punchhi Commission reports emphasize the need for Governors’ impartiality and limited involvement in local politics.
    • Kerala Assembly’s attempt to abolish Governor’s chancellorship raises concerns about democratic legitimacy.

    Critical Analysis:

    • The Governor’s actions in Kerala highlight a deviation from democratic norms and raise questions about the democratic legitimacy of gubernatorial decisions.
    • Commission reports expose longstanding issues with Governor appointments and their roles, calling for systemic changes.

    Way Forward:

    • Future regimes should consider amending Article 155 to ensure Chief Minister consultation in Governor appointments, addressing recommendations from the Sarkaria report.
    • Establishment of an independent body for Governor selection, with input from the Chief Justice of India, may enhance the quality of the selection process.
    • Legal prohibitions against Governors’ further rehabilitation in official capacities could contribute to improving the functioning of Raj Bhavans.

  • In news: Electoral Bond Scheme

    Central Idea

    • The government has announced a fresh tranche of electoral bond sales for a 10-day period starting through the authorised branches of State Bank of India across the country.

    About the Electoral Bond Scheme

    Definition Banking instruments for political party donations with donor anonymity.
    Launch 2017-18 Union Budget
    Purchase Method Available to Indian citizens and Indian-incorporated companies from select State Bank of India branches. Can be bought digitally or via cheque.
    Donation Process Purchasers can donate these bonds to eligible political parties of their choice.
    Denominations Available in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore.
    KYC Requirements Purchasers must fulfill existing KYC norms and pay from a bank account.
    Lifespan of Bonds Bonds have a 15-day life to prevent them from becoming a parallel currency.
    Identity Disclosure Donors contributing less than ₹20,000 need not provide identity details like PAN.
    Redemption Electoral Bonds can be encashed only by eligible political parties through an Authorized Bank.
    Eligibility of Parties Only parties meeting specific criteria, including securing at least 1% of votes in the last General Election, can receive Electoral Bonds.
    Restrictions Lifted Foreign and Indian companies can now donate without disclosing contributions as per the Companies Act.
    Objective To enhance transparency in political funding and ensure funds collected by political parties are accounted or clean money.

     

    Also read:

    Challenging the Electoral Bond Scheme

  • How the Northeast was ‘invented’, 52 years ago?

    Northeast India

    Central Idea

    • On December 30, 1971, two pivotal laws were enacted, reshaping the administrative landscape of Northeast India.
    • These laws marked a transition from the traditional unit of Assam to the broader concept of ‘Northeast India’.

    Formation and Composition of Northeast India

    • States in the Northeast: The region officially includes Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Tripura, under the North-Eastern Council.
    • Pre-Independence Structure: Before Independence, Arunachal Pradesh, Assam, Meghalaya, Nagaland, and Mizoram were part of colonial Assam. Manipur and Tripura were princely states with British political officers, while Sikkim, under British paramountcy, became an independent country in 1947 and was annexed by India in 1975. Sikkim joined the North-Eastern Council in 2001.

    Colonial Context and Frontier Province Dynamics

    • Assam as a Frontier Province: Colonial Assam was a frontier province in British India, akin to the North West Frontier Province (now Khyber Pakhtunkhwa, Pakistan).
    • Administrative Divisions: The province was divided into ‘settled districts’ (like present-day Assam and Sylhet in Bangladesh) and ‘excluded areas’ or ‘Hill areas’ (like modern-day Arunachal Pradesh and parts of Nagaland).

    The North Eastern Council (NEC) is composed of the following members:

    • Governors and Chief Ministers of the Member States: Each of the eight states in the North Eastern region, including Assam, Arunachal Pradesh, Meghalaya, Mizoram, Tripura, Sikkim, Nagaland, and Manipur, is represented by their respective Governors and Chief Ministers. These members are ex-officio members of the Council.
    • Chairman: The Chairman is also a member of the Council, although the specific identity of the Chairman is not mentioned in the provided sources.
    • Three Members Nominated by the President: The President of India nominates three additional members to the Council. These members are also part of the NEC

    Post-Independence Security and Administrative Shifts

    • Unique Post-1947 Challenges: After 1947, the region’s borders became largely international, with a narrow land corridor connecting it to the rest of India.
    • Creation of Nagaland: The state of Nagaland was created in 1963, following the Sino-Indian War of 1962, as part of efforts to integrate the Naga people into the Indian state.

    North-Eastern Areas (Reorganisation) Act of 1971

    • Statehood and Union Territories: Manipur and Tripura were elevated to statehood, Meghalaya was formed from Assam, and Mizoram and Arunachal Pradesh were established as union territories, later becoming states in 1987.
    • Strategic Reorganization: This Act represented a strategic shift from the colonial frontier governance to a modern state structure.

    Concept and Implications of ‘Northeast India’

    • Directional Naming and Identity: The term ‘Northeast India’ highlights the region’s distinct identity and its hierarchical relation to the Indian heartland.
    • Racial and Cultural Dimensions: The term ‘Northeasterner’ has often led to racial stereotyping and issues of identity and recognition.

    Conclusion

    • Complex Administrative Evolution: The formation of Northeast India is a testament to the region’s complex history and the Indian state’s response to unique geopolitical challenges.
    • Continued Struggle for Recognition: Despite legislative milestones, Northeast India continues to face challenges in national integration, identity politics, and equitable development.

  • Legal and Ethical Dimensions of Polygraph Tests in India

    polygraph tests

    Central Idea

    • In the ongoing investigation of the Parliament security breach, Delhi Police sought court permission for polygraph tests on six accused to uncover their motives.
    • A polygraph test, commonly known as a lie detector test, measures physiological responses believed to differ when a person lies.

    Mechanics of a Polygraph Test

    • Physiological Monitoring: The test involves attaching instruments like cardio-cuffs or sensitive electrodes to monitor blood pressure, pulse, and other variables.
    • Response Analysis: As questions are asked, responses are numerically evaluated to determine truthfulness, deception, or uncertainty.
    • Historical Origin: First conducted in the 19th century by Cesare Lombroso, an Italian criminologist, to measure blood pressure changes in suspects during interrogation.

    Constitutional and Legal Provisions

    • Article 20(3) of the Indian Constitution: This article protects against self-incrimination, stating that no accused shall be compelled to be a witness against themselves.
    • Infringement Concerns: Forcing an accused to undergo polygraph or narcoanalysis tests is seen as a violation of Article 20(3), making consent essential.
    • Article 21 and Human Rights: Polygraph tests are criticized for mental torture, potentially violating the right to life and privacy under Article 21.

    Limitations and Challenges

    • Scientific Reliability: Neither polygraph nor narco tests are scientifically proven to be 100% accurate, raising questions about their reliability.
    • Impact on Vulnerable Individuals: These tests can adversely affect those unaware of their rights or unable to access legal advice, leading to potential abuse and media exploitation.

    Legal and Constitutional Rulings

    • Selvi vs State of Karnataka & Anr (2010): The Supreme Court ruled that lie detector tests should be voluntary, with legal implications explained to the accused.
    • D.K. Basu vs. State of West Bengal (1997): The Court deemed involuntary administration of these tests as potentially violating the Right to Life and Liberty and the Right to Privacy.
    • Indian Evidence Act, 1871: The results of these tests are not admissible as evidence in court.
    • National Human Rights Commission Guidelines (1999): Established consent and procedural guidelines for administering polygraph tests.

    Way Forward

    • Role as Investigative Tools: While not reliable for conclusive evidence, polygraph tests can aid in complex investigations.
    • Balancing Scientific Techniques and Rights: The government should promote scientific methods in investigations while ensuring strict adherence to ethical and legal standards.
    • Consent and Decency: The administration of these tests must be consensual, respecting the dignity and rights of the individuals involved.

  • Tribunals cannot direct Government to frame policy: SC

    Central Idea

    • The Supreme Court clarified that tribunals, bound by their governing legislations, cannot compel the government to formulate policy.
    • It emphasized the separation of powers, stating that policy-making is outside the judiciary’s domain, including quasi-judicial bodies like tribunals.

    What are Tribunals?

    Details
    Nature Judicial or quasi-judicial institutions established by law
    Purpose Provide faster adjudication compared to traditional courts

    Offer expertise on specific subject matters
    Functions Adjudicating disputes

    Determining rights between parties

    Making administrative decisions

    Reviewing existing administrative decisions
    Constitutional Recognition 42nd Amendment Act, 1976 introduced Articles 323-A and 323-B in the Constitution
    Article 323A Empowers Parliament to constitute administrative Tribunals for public service matters
    Article 323B Allows Parliament or state legislatures to constitute tribunals for specific subjects like taxation, land reforms
    Composition Comprises expert (technical) members and judicial members
    Expert Members Selected from various fields, including central government departments
    Judicial Members Persons with a judicial background, such as High Court judges or eligible lawyers
    Supreme Court’s Stance Technical members not required if tribunal’s aim is expeditious disposal of matters

    Case in Focus: Armed Forces Tribunal (AFT) and Policy Direction

    • Specific Case Reviewed: The Bench addressed whether the AFT could direct the government to create a policy for appointing the Judge Advocate General (Air).
    • General Observation: It has been consistently observed that courts cannot mandate the government to enact legislation or develop a policy.

    Judicial Analysis and Reasoning

    • Justice Karol’s Observations: Justice Sanjay Karol noted that the AFT, with powers akin to a civil court, lacks the authority of the Supreme Court or High Courts.
    • High Courts’ Limitations: Even High Courts, under Article 226 of the Constitution, cannot order the government or its departments to establish specific policies.
    • Government’s Prerogative: The judgment reinforced that policy creation, especially concerning defense personnel services or their regularization, is exclusively the government’s responsibility.

    Implications of the Judgment

    • Tribunals’ Restricted Powers: Tribunals must operate within the confines of their governing legislation and lack the jurisdiction to influence policy formation.
    • Judiciary’s Role in Policy Matters: The judgment highlights the judiciary’s limited role in policy-making, even in cases where fundamental rights might be at stake.
    • Separation of Powers: This ruling underscores the principle of separation of powers, delineating the distinct functions of the legislative, executive, and judicial branches.

    Conclusion

    • Respecting Institutional Boundaries: The judgment serves as a reminder of the importance of respecting the boundaries and roles of different government institutions in a democratic setup.
    • Broader Implications: This decision has significant implications for how tribunals and courts interact with policy-making processes, emphasizing judicial restraint and adherence to the constitutional framework.

  • Questionable searches under the Money Laundering Act

    Prevention of Money Laundering Act (PMLA) 2002 | IASbaba

    Central idea 

    The Supreme Court’s interpretation of the Prevention of Money Laundering Act (PMLA) emphasizes a strict application tied to scheduled offences and the definition of “proceeds of crime.” Criticism of the Enforcement Directorate’s actions highlights the need for probity and fairness, urging consistency in procedures. The issue raises concerns about potential abuse of authority and its impact on federalism, necessitating clear jurisdictional delineation.

    Key Highlights:

    • Supreme Court Interpretation: The Supreme Court’s unique interpretation of the Prevention of Money Laundering Act, 2002 (PMLA) has raised concerns, limiting its application to “wrongful and illegal gain of property” related to scheduled offences.
    • Definition of “Proceeds of Crime”: The Court emphasized that for the PMLA to apply, the property must qualify as “proceeds of crime” under Section 2(1)(u) of the Act.
    • Critical Observations on ED: Instances of Enforcement Directorate (ED) actions beyond its powers, especially arrests, led to severe criticism. The court highlighted the need for the ED to function with “utmost probity, dispassion, and fairness.”

    Key Challenges:

    • Inconsistent ED Practices: The Court noted the lack of consistent and uniform practices within the ED, especially in furnishing written copies of arrest grounds, raising concerns about procedural irregularities.
    • Abuse of Authority: The ED’s conduct in conducting searches, seizures, and arrests outside its powers resulted in strong criticism, pointing to potential abuse of authority.

    Key Terms and Phrases:

    • Scheduled Offence: Offences specified in the schedule of the PMLA Act to which the Act’s provisions apply.
    • Proceeds of Crime: Property derived or obtained as a result of criminal activity relating to a scheduled offence.

    Key Quotes and Statements:

    • “If the offence so reported is a scheduled offence, only in that eventuality, the property recovered by the Authorised Officer would partake the colour of proceeds of crime…”
    • “The ED, mantled with far-reaching powers under the stringent Act of 2002, must be seen to be acting with utmost probity, dispassion, and fairness.”

    Key Examples:

    • Vijay Madanlal Choudhary Case: The Supreme Court’s interpretation in the Vijay Madanlal Choudhary case set the precedent, emphasizing the need for the existence of “proceeds of crime” for PMLA application.
    • Pankaj Bansal Case: The Court’s criticism of the ED’s style of functioning in the Pankaj Bansal case highlighted the importance of adherence to probity and fairness.

    Critical Analysis: The Court’s focus on the stringent application of PMLA provisions, especially tying them to scheduled offences and the definition of “proceeds of crime,” reflects a commitment to precision and legal rigor. The criticism of ED practices underscores the significance of maintaining ethical standards in enforcement agencies.

    Way Forward:

    • Procedural Consistency: Enforcement agencies, particularly the ED, need to establish consistent and uniform practices, ensuring transparency and adherence to legal procedures.
    • Judicial Scrutiny: Ongoing cases, especially those involving political implications, should undergo thorough judicial scrutiny to prevent potential abuse of authority and protect the principles of federalism.
    • Clarity on Jurisdiction: The ED’s jurisdiction, especially in non-scheduled offences like illegal mining, should be clarified to avoid overreach, respecting the powers vested with the State governments.

  • In news: Mullaperiyar Dam

    Mullaperiyar Dam

    Central Idea

    • Tamil Nadu cancelled the decision to open the spillway shutters of Mullaperiyar dam after a lull in rainfall and reduced inflow of water to the dam.

    Do you know?

    The Mullaperiyar dam is located in Kerala on the river Periyar but is operated and maintained by the neighbouring state of Tamil Nadu.

    John Pennycuick (the architect of this dam) sold his family property in England to mobilize money to fund the project! People of the region fondly name their children under his name a remark of reverence.

    Mullaperiyar Dam

    • It is a masonry gravity dam on the Periyar River in Kerala.
    • It is located on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District.
    • It was constructed between 1887 and 1895 by John Pennycuick (who was born in Pune) and also reached in an agreement to divert water eastwards to the Madras Presidency area.
    • It has a height of 53.6 m (176 ft) from the foundation, and a length of 365.7 m (1,200 ft).

    Operational issue

    • The dam is located in Kerala but is operated and maintained by Tamil Nadu.
    • The catchment area of the Mullaperiyar Dam itself lies entirely in Kerala and thus not an inter-State river.
    • In November 2014, the water level hit 142 feet for first time in 35 years.
    • The reservoir again hit the maximum limit of 142 feet in August 2018, following incessant rains in the state of Kerala.
    • Indeed, the tendency to store water to almost the full level of reservoirs is becoming a norm among water managers across States.

    Dispute: Control and safety of the dam

    • Supreme court judgment came in February 2006, has allowed Tamil Nadu to raise the level of the dam to 152 ft (46 m) after strengthening it.
    • Responding to it, the Mullaperiyar dam was declared an ‘endangered’ scheduled dam by the Kerala Government under the disputed Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
    • For Tamil Nadu, the Mullaperiyar dam and the diverted Periyar waters act as a lifeline for Theni, Madurai, Sivaganga, Dindigul and Ramnad districts.
    • Tamil Nadu has insisted on exercising the unfettered colonial rights to control the dam and its waters, based on the 1886 lease agreement.

    Rule of Curve issue

    • A rule curve or rule level specifies the storage or empty space to be maintained in a reservoir during different times of the year.
    • It decides the fluctuating storage levels in a reservoir.
    • The gate opening schedule of a dam is based on the rule curve. It is part of the “core safety” mechanism in a dam.
    • The TN government often blames Kerala for delaying the finalization of the rule curve.

    Back2Basics: Periyar River

    • The Periyar is the longest river in the state of Kerala with a length of 244 km.
    • It is also known as ‘Lifeline of Kerala’ as it is one of the few perennial rivers in the state.
    • It originates from Sivagiri hills of Western Ghats and flows through the Periyar National Park.
    • The main tributaries of Periyar are Muthirapuzha, Mullayar, Cheruthoni, Perinjankutti.

  • 14th Amendment of US Constitution and Its Implications

    Central Idea

    • The US top court ordered the removal of former President Donald Trump from the ballot for the next Presidential elections.
    • The decision was based on Section 3 of the Fourteenth Amendment of the US Constitution, relating to Trump’s alleged role in the January 6, 2021, attacks on the US Capitol.

    14th Amendment of US Constitution

    Details
    Ratification Date July 9, 1868
    Primary Purpose To address civil rights issues following the Civil War, particularly regarding former slaves.
    Key Clauses – Citizenship Clause: Citizenship for all persons born or naturalized in the U.S.

    – Due Process Clause: Fair legal process required for all citizens.

    – Equal Protection Clause: Equal legal protection for all citizens.
    Historical Context Response to post-Civil War issues, including the Black Codes in Southern states.
    Major Significance – Extended Bill of Rights protections to state actions.

    – Foundation for numerous civil rights advancements and Supreme Court decisions.
    Notable Cases – Brown v. Board of Education (1954) for desegregation

    – Roe v. Wade (1973) for abortion rights
    Why in news? Section 3 disqualifies anyone who, having taken an oath to support the Constitution, engages in insurrection or rebellion against the same, or aids its enemies, from holding any office, civil or military, in the United States.

    Applied to Donald Trump
    Impact on Federalism Altered the balance of power between the federal government and states, especially in civil rights and liberties.

    Similar Provisions in India

    Details
    Equal Protection Clause Article 14: Indian Constitution guarantees “equality before the law” and “equal protection of the laws” within the territory of India.
    Citizenship Clause Articles 5 to 11: Deal with aspects of citizenship in India, including citizenship by birth, descent, registration, naturalization, and incorporation of territory.
    Due Process Clause Article 21: Provides protection of life and personal liberty, stating “No person shall be deprived of his life or personal liberty except according to a procedure established by law.”
    Protection of Civil Liberties Article 19: Ensures the protection of certain rights regarding freedom of speech, assembly, etc.
    Prohibition of Discrimination Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
    Disqualification for Public Office Representation of the People Act, 1951 (Sections 8, 9, 10, 11): Lays out disqualifications for membership of Parliament and State Legislatures due to criminal convictions, corrupt practices, and certain office-of-profit positions.

  • Let them speak: Suspension of MPs shows Parliament must find better ways to engage

    Disruptions are as much a part of Indian Parliament now as British rules and rituals

    Central idea 

    The central theme highlights parliamentary dysfunction due to procedural stagnation and a historical cycle of disruptions. The ongoing impasse, evidenced by the suspension of MPs, underscores the need for a nuanced institutional response and a redefined role for the Opposition in shaping parliamentary discourse. The article advocates procedural changes to grant the Opposition more influence, fostering collaboration and preserving public trust in Parliament.

    Key Highlights:

    • The parliamentary dysfunction is rooted in the absence of procedural mechanisms for deliberation on contentious issues.
    • The ongoing impasse between the government and the Opposition has led to the suspension of 141 MPs.
    • The Opposition demands a statement from the Home Minister regarding a security breach, while the government defers to the Speaker’s directions.
    • Disruptions in Parliament have historical roots, dating back to the 1960s, and have evolved into a political tool.
    • The institutional response to disruptions has been simplistic, focusing on penalizing MPs rather than addressing the underlying issues.

    Key Challenges:

    • Procedural stagnation in the parliamentary system has led to a cycle of disruptions and disciplinary actions.
    • The government’s control over the legislative agenda limits the Opposition’s role, contributing to parliamentary standoffs.
    • The current approach of penalizing MPs for disruptions is deemed ineffective in ensuring the smooth functioning of Parliament.

    Key Terms and Phrases:

    • Parliamentary dysfunction
    • Security breach
    • Disruptions as a political tool
    • Institutional response
    • Legislative and fiscal priorities
    • Opposition’s role and space in Parliament
    • Procedural stagnation
    • Westminster parliamentary principle
    • No-confidence motion
    • National legislature

    Key Quotes and Statements:

    • “The standoff in Parliament is not new…result from years of procedural stagnation.”
    • “Disruptions were going to become the norm in our parliamentary discourse.”
    • “The smooth functioning of the legislature was the responsibility of the government.”
    • “For Parliament to work effectively, penalising MPs will not be enough.”
    • “The recent disruptions and en masse suspension of MPs should be a wake-up call for our national legislature.”

    Key Examples and References:

    • Suspension of 141 Opposition MPs in the ongoing winter session of Parliament.
    • Historical instances of MPs like Ram Sewak Yadav and Mani Ram Bagri being warned and suspended for disruptions.
    • Speaker Chatterjee’s remark in 2005 on the difficulty of regulating proceedings if a group of members disrupts the House.

    Key Facts and Data:

    • Disruptions in parliamentary proceedings by MPs began in the 1960s.
    • The current parliamentary system reflects pre-independence British templates.
    • Private members get two-and-a-half hours every Friday for discussion, but there is no mechanism for a group of MPs to require a specific discussion.

    Critical Analysis:

    • The article highlights the historical context and evolution of parliamentary disruptions.
    • It critiques the current institutional response, emphasizing the need for a more nuanced approach.
    • It challenges the existing view of Parliament as a platform primarily for the government to transact business.

    Way Forward:

    • Proposes a change in parliamentary procedures to allow the Opposition to set the agenda for debate.
    • Suggests incorporating specific days in the parliamentary calendar for Opposition-led discussions.
    • Urges Parliament to find better solutions for fostering debate to prevent the erosion of public faith.