70^th BPSC Mains

Approach Briefly mention the constitutional provisions related to Parliament in India. Discuss the role of Parliament in Indian democracy. Discuss the major challenges in the functioning of Parliament. Conclude suitably.

Introduction

The Parliament of India is the supreme legislative body, entrusted with enacting laws and ensuring executive accountability. Its constitutional role includes legislation, deliberation, representation, and scrutiny of government actions. However, there has been a steady decline in the quality, productivity, and effectiveness of its functioning in recent years.

Body

Constitutional Role of Parliament:

• Law-Making Authority: Parliament exercises its legislative powers over the Union List and Concurrent List under Article 245–246 of the Constitution.
• Ensuring Executive Accountability: It ensures executive accountability through tools like Question Hour, Zero Hour, and No-Confidence Motions.
• Control Over Public Finances: It exercises control over finances by approving the Budget and scrutinizing government expenditure.
• Judicial Oversight Functions: It performs judicial functions, such as impeachment and recommending removal of constitutional authorities.
• Amending the Constitution: It plays a constituent role by amending the Constitution under Article 368, ensuring its dynamic relevance.

Deterioration in the Functioning of Parliament:

• Reduction in Sitting Days: Parliament’s average annual sittings have fallen from 127 days (1952–60) to just 58 days recently.
  • Fewer sittings reduce opportunities for debate, legislative scrutiny, and public accountability.
• Decline in Deliberative Quality: Key legislations like the Farm Laws (2020) and Aadhaar Act (2016) were passed with limited or no debate.
  • In recent sessions, multiple bills were passed in minutes, undermining meaningful deliberation.
• Bypassing Parliamentary Committees: Referral to Department-Related Standing Committees (DRSCs) has dropped from 60% in 15th Lok Sabha to less than 25% in the 17th Lok Sabha.
  • Bills like the Labour Code Reforms and GST Tribunal Amendment (2023) bypassed committee review entirely.
• Executive Dominance and Ordinance Route: The use of ordinances to enact major policy decisions, such as the Delhi Services Ordinance (2023), reduces Parliament’s role.
  • The Money Bill route, misused in cases like Finance Act, 2017, sidesteps Rajya Sabha scrutiny.
• Disruptions and Reduced Working Hours: Frequent disruptions lead to adjournments and significant loss of legislative time.
  • The Winter Session of 2024 concluded with the Lok Sabha recording 57% productivity, while the Rajya Sabha registered only 40%.
• Neglect of Constitutional Norms: The post of Deputy Speaker in Lok Sabha has remained vacant in violation of Article 93.
  • This reflects poor adherence to constitutional conventions and procedures.
• Restricted Transparency and Media Access: Restrictions on journalist access to Parliament since the COVID period have continued, impacting transparency.
  • Reduced public visibility of proceedings weakens democratic engagement.
• Reflection in State Legislatures: State Assemblies like Bihar Vidhan Sabha show similar trends, including reduced debates and frequent disruptions.
  • Bills are often passed without thorough legislative discussion, mirroring the national pattern.

Conclusion

Parliament was envisioned as the central pillar of Indian democracy, ensuring that the government is accountable to the people. However, its deteriorating deliberative role, reduced legislative scrutiny, and executive dominance raise serious concerns. Revitalizing parliamentary functioning through mandatory committee referrals, longer sessions, cross-party consensus, and stronger constitutional adherence is essential to uphold the spirit of parliamentary democracy.