Relevance: GS-2: Parliament and State Legislatures—Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these.

Key Phrases: Accountability, Article 74,75; CAG, PAC, ES, CoPU, Zero Hour, Question Hour, Calling Attention Motion; the principle of cooperation and coordination;

Context

• Recently, 19 MPs from Rajya Sabha were suspended for a week. This strict move came after 4 MPs were suspended for the entire Monsoon Session.
• This move raises the question of the efficacy of the Legislature to hold the Executive responsible for their actions.

Key Highlights

What is Parliamentary Democracy?

• It's a form of democracy where the government of the day (Executive) is responsible to the Parliament (Legislature).
• Our constitutional forefathers selected this form of democracy because
  • We had a prior experience with the British Parliamentary System of Government.
  • Representation of diverse interest groups would be ensured with this form of government.
  • It establishes an accountable government.
  • The Presidential form of government had the threat of constitutional deadlock between the Executive and the Legislature.
• Hence, this form of government was based on the principle of cooperation and coordination between the legislative and executive organs of the government rather than a strict separation of power.

How does Parliament maintain accountability of the Executive?

• Political Accountability
  • Article 75 (3) - The Council of Ministers shall be collectively responsible to the House of the People.
• Legal Accountability
  • Through various department-related standing committees, various legislations are reviewed.
    • E.g. The Committee on Health and Family Welfare studied the Surrogacy (Regulation) Bill, 2016.
  • Through tools like Zero Hour, Question Hour, Calling Attention Motion etc.
• Financial Accountability
  • Through the Public Accounts Committee (PAC) the parliament scrutinises the expenditure of the government and for this, it is aided by its friend, philosopher and guide CAG (Comptroller and Auditor General Of India)
  • With the help of the 24 DRSCs, the parliament reviews the budgetary estimates.
  • The Committee on Public Undertakings is required to review the working of the Public Sector Units (PSUs).
  • Annual Financial Statement ie Union Budget is sanctioned by the Parliament.
• Social Accountability
  • Parliament reviews the annual reports of the following organisations to ensure the government is fulfilling its obligations of protection to different vulnerable sections of the society
    • National Commission for Scheduled Castes (Article 338)
    • National Commission for Scheduled Tribes (Article 338-A)
    • National Commission for Backward Classes (Article 338-B)
    • Special officer for Linguistic Minorities (Article 350-B)
    • National Human Rights Commission

Weakening accountability towards Parliament

• Frequent disruptions
  • Sitting days in LS have declined from an annual average of 121 days during 1952-70 to 68 days since 2000.
• Fewer bills referred to Standing committees
  • In the 16th Lok Sabha, fewer Bills (26 per cent) were referred to Parliamentary Committees as compared to the 15th Lok Sabha (71 per cent) and the 14th Lok Sabha (60 per cent).
• Effectiveness of Parliamentary Committees has decreased
  • The attendance of members in committee meetings has been a cause for concern as well, which is about 50 per cent from 2014-15.

Impact due to disruptions

• Infringement of Constitutional Responsibility of the Parliament under Article 75 as the government is not being held accountable for its policies.
  • For instance,the opposition was denied the debate on 2 issues
    1. The rising inflation (7.01 % in June).
    2. The GST rate hikes on essential items.
• Hindrance to representative democracy as the concerns of the people through their representatives are not being shared, discussed and deliberated in an adequate manner in the parliament.
• Diluting the tenets of Deliberative Democracy as the future plans of the government are not being discussed in the Parliament.
• Half-baked legislations dilute the sanctity of the parliament
  • E.g. The 3 farm laws were passed without any deliberations which eventually had to be taken back after simmering protests.
• Dilution of Balance of Power as Parliamentary accountability is getting diluted due to a lack of effective watchful eye over the government.

Way Forward

• The government should provide ample opportunities to the opposition to air their grievances. This can be done by fixing numbers of hours for business of the Opposition.
• Addressing the issues highlighted in the 2001 conference on decorum in the parliament
  • The government and the treasury benches should adopt an accommodative stance.
  • Political Parties should discipline their members as per parliamentary norms.
  • Increasing the number of days of Parliamentary sittings.
• Following the traditions of the British Parliament
  • To refer each bill (except the money bill) to the parliamentary committees.
  • Fixing the number of days of the meeting of the parliament with an annual calendar announced in advance along with dedicated days reserved for the opposition.
  • Holding PM Question Hour
• Adopting a Parliament Disruption Index (as suggested by Rajya Sabha Deputy Chairman in 2019) and Productivity Meter to showcase the responsibility of each parliamentarian.

Conclusion

• As John Dewey has said ”the solution to the ills of democracy is more democracy”, similarly the disruptions in the parliament can be tackled by giving more voice to the disruptors along with providing an awareness of their duties towards their constituents and to the maintenance of the decorum of the house.

Source: Indian Express

Mains Question:

Q. “The party with the larger numbers is able to get its laws passed in Parliament, but it would be an impoverished notion of parliamentary democracy. “ Analyse the statement in light of recent disruptions in Parliament.