Editorial 2 : As Parliament Reconvenes, Legislature in Retreat
Context:
Decline of parliamentary oversight and increasing executive dominance in India’s democracy.
Introduction:
The growing imbalance between the legislature and the executive in India’s parliamentary democracy. While the Westminster model envisages a dynamic accountability relationship where the executive must command confidence but remains accountable to Parliament, contemporary India shows signs of legislative retreat, where Parliament is often reduced to an approving body rather than a forum of scrutiny.
Key Issues Highlighted:
- Decline in Parliamentary Functioning:
- Average sitting days have dropped drastically: 135 days during the 1st Lok Sabha (1952-57) versus 55 days in the 17th Lok Sabha, reflecting diminishing deliberative space.
- Reduced debate time limits scrutiny of legislation, undermining representative democracy.
- Anti-Defection Law and Loss of Legislative Autonomy:
- Intended to prevent unprincipled floor-crossing, it now compels MPs to follow party whips, reducing independent decision-making.
- MPs’ accountability has shifted from constituents to party hierarchy, affecting key functions like budget approval and impeachment processes.
- Executive Dominance and Marginalization of the Opposition:
- The government controls legislative agenda; opposition tools like Question Hour, Zero Hour, and adjournment motions are curtailed.
- Disruptions by opposition often result from lack of meaningful participation, not mere obstruction.
- Weak Parliamentary Committees:
- Committees, meant for detailed scrutiny and expert inputs, are underutilized or their recommendations ignored.
- Legislative oversight mechanisms in India are weaker compared to UK (PMQs) or US (congressional hearings).
- Impact on Democratic Governance:
- Reduced oversight risks poor policymaking and unchecked executive power.
- Public accountability suffers, weakening democratic norms envisaged in the Constitution.
Way Forward / Recommendations:
- Reconsider Anti-Defection Law:
- Introduce flexibility for conscience voting on non-confidence and policy issues.
- Allow greater legislative autonomy while preventing political opportunism.
- Strengthen Parliamentary Oversight:
- Ensure timely discussion of bills, budgets, and motions.
- Empower parliamentary committees with statutory powers to summon ministers and bureaucrats.
- Promote Opposition Participation:
- Institutionalize consultation mechanisms between government and opposition for legislative scheduling.
- Encourage constructive debate rather than disruptive protests.
- Learning from Global Practices:
- Adopt practices like UK Prime Minister’s Questions, US committee hearings, and Australian parliamentary scrutiny to improve accountability.
Conclusion:
The retreat of the Indian legislature poses a challenge to the foundational principle of parliamentary democracy. Strengthening MPs’ independence, empowering committees, and ensuring meaningful debate are crucial to restoring Parliament as the supreme forum of oversight and accountability. While executive efficiency is important, it should not come at the cost of weakening democratic checks and balances.