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Subject: Role of MPs

  • Anti-defection law: Supreme Court seeks Centre’s reply on Tenth Schedule merger interpretation

    Why in News

    The Supreme Court has issued notice on a plea filed by Kapil Sibal challenging the prevailing interpretation of the merger exception under the Tenth Schedule (Anti-Defection Law). The plea, linked to the 2022 Goa defection case, argues that the current interpretation undermines the purpose of the Anti-Defection Law by allowing legislators to avoid disqualification without a genuine party merger.

    What is the Merger Exception?

    • Paragraph 4 of the Tenth Schedule provides an exception to disqualification in cases of a merger.
    • A merger is protected when not less than two-thirds of the legislators of a political party agree to merge with another party.
    • The present dispute is whether a legislative party alone can claim a merger, or whether the original political party must also merge.

    About the Tenth Schedule (Anti-Defection Law)

    • Added by the 52nd Constitutional Amendment Act, 1985.
    • Strengthened by the 91st Constitutional Amendment Act, 2003, which removed the earlier exemption for one-third splits.
    • Seeks to curb political defections, ensure government stability, and uphold party discipline.
    • The Presiding Officer (Speaker/Chairman) decides questions relating to disqualification.

    Constitutional Provisions

    • Articles 102(2) and 191(2): Provide for disqualification of MPs and MLAs under the Tenth Schedule.
    • Tenth Schedule: Contains provisions relating to disqualification on grounds of defection.

    Landmark Judgments

    • Kihoto Hollohan v. Zachillhu (1992): Upheld the constitutional validity of the Tenth Schedule and held that the Speaker’s decision is subject to judicial review.
    • Keisham Meghachandra Singh v. Speaker, Manipur (2020): Directed Speakers to decide disqualification petitions within a reasonable period, ordinarily three months.

    Issues with the Current Law

    • Delay in deciding disqualification petitions.
    • Allegations of partisan conduct by the Speaker.
    • Ambiguity regarding the merger exception.
    • Weakens representative democracy when mass defections alter electoral mandates.

    [2013, GS2, 10M] The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention?”

    [2022] With reference to anti-defection law in India, consider the following statements:

    1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.

    2. The law does not provide any time-frame within which the presiding officer has to decide a defection case.

    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

  • The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention?

  • Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.

    The Parliament of India is the temple of democracy and an MP would act as a national trustee. However, as per Former VP, Hamid Ansari, Parliament has turned into ‘chamber of anarchy’ due to declining role and productivity of members.

    Functions of MPs

    Legislative Function – Making, amending, and repealing laws.

    Deliberative Function – Debating national policies and public issues.

    Executive Oversight Function – Question Hour, motions, committees

    Financial Function – Approving the Budget, Demands for Grants, and financial bills.

    Representative Function – Voicing citizens’ concerns and constituency interests.

    Indicators of Decline in Individual Parliamentarian’s Role

    Legislative Function

    Marginalization of Private Members’ Bills – Only 14 passed since 1952.

    Lack of thorough scrutiny of bills- During the term of the 17th LS, 58% of the Bills introduced were passed within two weeks of their introduction. Eg- the J&K Reorganisation Bill, 2019

    Weak research and knowledge support – Inadequate access to legislative data and expert analysis undermines quality of debates.

    Deliberative Function

    Decline in sitting days – From 120+ days (1950s) to around 55 days in 17th LS, curtailing deliberation

    Declining attendance- In 2021, average attendance dropped to 71% in the Lok Sabha and 74% in the Rajya Sabha.

    Frequent disruptions and adjournments – During the 17th Lok Sabha, MPs were suspended on 206 instances, across both Houses of Parliament. In Winter Session 2023, 146 MPs were suspended for serious misconduct in the House.

    Party whip system – Strict control discourages independent viewpoints and policy reasoning.

    Financial Function

    Between 2019 and 2023, on average, about 80% of the budget has been voted on without discussion. In 2023, the entire budget was passed without discussion.

    Decline in budget scrutiny – Detailed examination of Demands for Grants often guillotined without debate.

    Weak engagement with financial committees – Falling participation in PAC, Estimates Committee, etc.

    Executive Oversight Function

    Question Hour functioned for 60% of scheduled time in LS and 52% in Rajya Sabha.

    Underutilized parliamentary committees – Low attendance and poor follow-up dilute scrutiny of executive performance.

    Resort to Money Bill route undermines RS. Eg- Aadhar Act

    Consequences of the Decline in Individual Parliamentarian’s Role

    Reduced Accountability – Rushing bills like the Women’s Reservation Bill, 2023 limits scrutiny and weakens executive oversight.

    Criminalization of politics – as per ADR data, 46% of MPs elected in 2024 have criminal cases pending.

    Poor Legislative Quality – Farm Laws (2020) passed with minimal debate led to backlash and repeal.

    Legislative Stagnation – Delay in passage of important bills due to disruption

    Judicial Intervention – Weak legislative performance prompts courts to step in (e.g., NGT, social justice rulings).

    Ordinance Culture – Fewer sittings have led to rising ordinances (11 in 2020), bypassing Parliament.

    Public Disillusionment – Citizens lose faith in Parliament’s deliberative and representative role.

    Democratic Imbalance – Executive consolidation weakens checks and balances, harming deliberative democracy.

    Diminishing role of opposition MPs – Reduced speaking time and political polarization undermine effective oversight.

    Way Forward-

    Increase Working Days- Eg- NCRWC (2002) recommended Parliament meet for at least 110 days a year; currently, it averages 60-70 days.

    Enhancing Parliamentary Decorum- Encourage a culture of respect, professionalism, and active participation in debates.

    Enhance Research Support for MPs- Eg- UK Parliament’s Research Service aids MPs in informed decision-making

    Engaging Responsible Opposition– allowing opposition to set agenda on lines of UK House of Commons

    Mandatory referral of Bills to Committee

    As former Vice President M. Venkaiah Naidu aptly stated, “Disorder, disruption, and delay should not replace debate, discussion, and decision, which form the edifice of parliamentary democracy.”