Data by PRS legislative research show that parliament functioning has generally been on a decline in the post-1990 period.
LEGISLATIVE DECLINE IN INDIA-RECENT TRENDS
The annual average of bills passed declined from 65 in the 1952-1990 period to 48 in 1991-2023.
The number of bills sent to committees for scrutiny also dwindled consistently, with the 17th Lok Sabha sending only 16% of the bills for scrutiny.
Declining number of sitting days and hours: The 17th Loksabha had the least number of sittings, an all-time low of 274 days and 1300 hours.
Low usage of parliamentary tools: The 17th Lok sabha had only one ‘half-hour discussion’, 13 short-duration discussions, one calling attention motion discussion, and zero adjournment motion discussions all of them marking an all-time low.
CAUSES OF DECLINE IN LEGISLATIVE EFFECTIVENESS
Dominance of the Executive: There has been a noticeable increase in the executive branch’s influence over legislation, which has led to a decrease in the legislative branch’s autonomy and authority. This often results in the rapid approval of bills without thorough debate or consideration of amendments, weakening the system of checks and balances.
Rigid Party Discipline: Party discipline demands that members of parliament adhere strictly to party lines, curtailing their ability to make independent decisions and effectively scrutinize the executive. In India, for example, the anti-defection law, which can disqualify members of parliament for not following the party whip, has been criticized for eroding the independence of the legislators.
Circumventing the Legislative Process: The growing reliance on executive orders, ordinances, and delegated legislation has also contributed to diminishing the role of parliament. Examples include the passing of the Citizenship Amendment Act (CAA), the National Register of Citizens (NRC), and agricultural reforms.
Erosion of Parliamentary Decorum: The rise in disruptions and unparliamentary behavior in the legislature obstructs meaningful debate and lowers the public's view of the parliament's efficacy.
Criminalization in Politics: The increasing number of legislators with criminal charges erodes public trust and impedes the law-making process. In the 2019 Lok Sabha elections, 43% of MPs faced serious criminal charges, which include serious offenses.
Additional Factors for Legislative Disorder: Limited time for MPs to address crucial issues, The government's unresponsive stance,Intentional disturbances by political parties for strategic or promotional reasons, A lack of immediate action against MPs who disrupt proceedings etc.
CHALLENGES CONCERNING LEGISLATIVE DECLINE
Undermining the Constitutional Obligations: A decline in the productivity of Parliament impairs its ability to perform the duties entrusted to it by the Constitution effectively. The constitution gives Parliament the mandate to keep the government accountable by scrutinizing the working of ministries.
Selective Suspension to Curb Dissent: Earlier, during the two Lok Sabhas (2004-14), even ruling party legislators, including rebels, were suspended for unruliness. Now, only opposition members have been subject to suspension, which includes those for far less severe offenses since 2014.
Lack of Adequate Deliberations on Bills: The hallmark of a functioning democracy is deliberation, wherein elected legislators debate and discuss issues of public importance and seek solutions to issues that affect citizens. While bills have to be passed following a discussion in parliament, they are now being passed without any discussion and without amendments on merit.
Quality of Legislation: The decline in the referral of bills to Parliamentary Standing Committees raises concerns about the full examination and evaluation of proposed legislation. The percentage of bills referred to parliamentary committees has reduced from 71% in the 15th Lok Sabha (2009-14) to 27% in the 16th Lok Sabha (2014-19), and to only around 16% now. Even the bill revoking Article 370 was not referred to a parliamentary committee.
Limited Parliamentary Business: This has led to an increasing recourse to ordinances that circumvent parliament, and the bypassing of the parliament on several important initiatives. Due to such actions, a global democracy report by V-Dem Institute has characterised India’s democracy as an “electoral autocracy”.
Erosion of Democracy: The dissent has been equated with terror. Ex-the usage of the Unlawful Activities (Prevention) Act to target protestors, including the demonstrators who tossed canisters and held signs in Parliament recently. As a result, India has been deemed “partially free” by the Freedom House, which assesses civil and political liberties.
WAY FORWARD
Enhanced Involvement of Opposition: Amplifying the participation of opposition factions in determining the agenda of the House could curtail the executive's influence, leading to heightened accountability of the incumbent government. Assigning one day each week, ideally Mondays, for opposition-led discussions could minimize interruptions.
Behavioral Guidelines for Legislators: Establishing a set of ethical guidelines for members of the Lok Sabha, the Rajya Sabha, State Legislatures, and Councils is essential to reduce disturbances within the House.
Engagement with the Prime Minister: In the Indian Parliament, sessions such as Question Hour and Zero Hour often devolve into chaos rather than constructive dialogue. Emulating the UK's practice where the Prime Minister addresses queries from MPs weekly could lead to reduced disruptions and more dynamic debates. Adopting this method within the operational framework of both the Lok Sabha and Rajya Sabha could be beneficial.
Index of Parliamentary Disruptions (IPD): Utilizing an index to adopt a "naming and shaming" strategy, akin to practices in the UK Parliament, could be effective. Publicizing the names of MPs with the highest IPD scores on a weekly basis in the media might discourage further disturbances by affecting their public perception.
Efficiency Tracking: Establishing a mechanism to quantify the hours lost to disruptions and adjournments, along with tracking the daily productivity of both parliamentary houses, is critical.
Strengthening Party Democracy: Political parties must be held accountable to their legal responsibilities, regulations, and the stipulations of their own charters, including the fair application of natural justice principles in the expulsion procedures of party members.
The erosion of legislative integrity not only contravenes constitutional mandates but also endangers the foundational principles and values of democracy. Thus, the need of the hour is sound parliamentary reforms as suggested by Subhash Kashyap Committee to enhance parliamentary efficiency.
PRACTICE QUESTION
Q: Discuss the factors contributing to the decline of parliamentary authority in modern democracies. Suggest measures that can be taken to strengthen the role of parliament in ensuring effective governance and accountability. (250 words, 15 Marks)
