THE CONTEXT: The 18th Lok Sabha is set to commence with high expectations, driven by a significant shift in the political landscape. The reduced strength of the Bharatiya Janata Party (BJP) and the bolstered presence of a combined Opposition led by the Congress promise a more balanced and deliberative parliamentary session. This new dynamic raises hopes for greater accommodation of Opposition concerns and more rigorous legislative scrutiny.
THE ISSUES:
- Greater Accommodation by the Government Towards the Opposition’s Concerns: It emphasizes the hope that the new government will be more accommodating towards the Opposition’s concerns due to the reduced numerical strength of the BJP and the increased strength of the combined Opposition. This change is expected to lead to more balanced deliberations and more significant space for the Opposition to voice their views.
- Role of Parliamentary Committees and Scrutiny of Legislation: Parliamentary committees have immense importance in scrutinizing proposed legislation. It highlights past instances where the lack of committee scrutiny led to contentious outcomes, such as the three controversial farm laws. The new Lok Sabha is expected to restore the norm of subjecting legislation to thorough committee oversight.
- Election of the Speaker and Deputy Speaker: The election of the Speaker and Deputy Speaker is a critical test for the governing coalition and the Opposition. It notes that while the governing coalition has the numbers to elect its own Speaker, the election of the Deputy Speaker, a post that remained vacant during the 17th Lok Sabha, is expected to be offered to the Opposition based on convention and tradition.
- President’s Address and the Motion of Thanks Debate: The President’s Address to both Houses of Parliament and the ensuing debate on the Motion of Thanks are highlighted as significant opportunities for the Opposition to evaluate and debate the government’s policies and programs critically. This debate allows the Opposition to raise various issues of concern without being restricted to a specific topic.
- Governing Coalition’s Approach to Consensus Building: While mentioning the emphasis on consensus building articulated by the chief of the Rastriya Swayamsevak Sangh, Mohan Bhagwat. It suggests that the governing coalition should view the Opposition as political opponents rather than adversaries, fostering a more collaborative and less confrontational parliamentary environment.
- Potential Points of Friction Between the Coalition and the Opposition: It identifies specific points of friction that have already emerged, such as the Congress’s objections to the relocation of statues within Parliament and the appointment of the pro tem Speaker. These instances highlight the challenges the governing coalition may face in maintaining a cooperative relationship with the Opposition.
THE WAY FORWARD:
- Strengthening Parliamentary Committees: Article 118 empowers Parliament to make rules regulating its procedure and conduct of business, including the functioning of committees. Ensure that all significant bills, especially those with wide-reaching implications, are referred to Department-related standing committees (DRSCs) for detailed scrutiny. The General Purpose Committee of Lok Sabha recommended this practice, effectively ensuring a thorough examination of legislative proposals. Committees should regularly seek input from domain experts and stakeholders to enhance the quality of their recommendations. This approach has been suggested to improve the effectiveness of parliamentary oversight.
- Ensuring Adequate Debate and Deliberation: Implement a rule that mandates the referral of all significant bills to the relevant parliamentary committees before they are debated in the House. This would prevent the bypassing of detailed scrutiny, as seen in the case of the controversial farm laws. Increase the number of parliamentary sitting days to ensure sufficient time for debate and discussion. The National Commission to Review the Working of the Constitution (NCRWC) recommended that Parliament meet for at least 120 days a year.
- Enhancing the Role of the Opposition: The Salaries and Allowances of Leaders of Opposition in Parliament Act, 1977, provides statutory recognition to the LoP, ensuring their participation in various parliamentary functions. Strengthen the LoP’s role in parliamentary proceedings, including their involvement in key committees such as the Public Accounts Committee (PAC) and the Committee on Public Undertakings (COPU). This is in line with the convention that the LoP chairs the PAC. Encourage the opposition’s formation of a shadow cabinet to provide a structured and continuous critique of government policies, like the practice in the UK.
- Upholding Constitutional Conventions: Adhere to the convention of appointing a Deputy Speaker from the Opposition, a long-standing practice in Indian parliamentary history. Ensure that decisions affecting parliamentary procedures and traditions, such as the relocation of statues or the appointment of pro tem Speakers, are made through broad consultations to avoid unnecessary friction. In the State of Rajasthan vs. Union of India, constitutional conventions were emphasized to maintain the integrity of parliamentary processes.
- Promoting Transparency and Accountability: Article 105 Grants MPs the privilege to speak freely in Parliament, which should be balanced with the need for transparency and accountability in their actions. Increase transparency by allowing public access to certain committee deliberations and reports while maintaining confidentiality where necessary to prevent grandstanding. Committees should be required to submit regular reports on their activities and the status of recommendations, ensuring continuous oversight and accountability.
THE CONCLUSION:
As the 18th Lok Sabha begins its tenure, the interplay between the governing coalition and the strengthened Opposition will be crucial in shaping the legislative process. The government’s willingness to engage with the Opposition and uphold parliamentary traditions will be tested, while the Opposition must strategically utilize parliamentary tools to ensure robust debate and oversight. The success of this session will hinge on maintaining civility and fostering a spirit of cooperation in the House.
UPSC PAST YEAR QUESTIONS:
Q. Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and facilitating best democratic practices. 2023
Q. Explain the structure of the Parliamentary Committee system. How far have the financial committees helped institutionalize the Indian Parliament? 2023
Q. Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples. 2021
Q. ‘Once a speaker, always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? 2021
MAINS PRACTICE QUESTION:
Q. The 18th Lok Sabha is expected to function differently due to the changed political dynamics, with a more vigorous Opposition and a coalition government. Discuss the potential impacts of these changes on parliamentary proceedings and legislative scrutiny. Highlight the importance of parliamentary committees in this context and suggest measures to enhance their effectiveness.
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