July 7, 2024

Lukmaan IAS

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THE RETURN OF PARLIAMENT AS A FORUM FOR DEBATE

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THE CONTEXT: The 2024 election results have reshaped India’s political landscape, underscoring the critical role of numbers in a democracy. With the BJP reduced to a minority and a united Opposition emerging, Parliament is poised to reclaim its role as a forum for national debate and discussion. This shift highlights the importance of majority rule and robust institutional functioning in a healthy democracy.

THE ISSUES:

  • Importance of Numbers in Democracy: There is re-emergence of significance of numerical strength in a democracy, as evidenced by the BJP’s previous absolute majority and its current reliance on alliances. This numerical strength has been used to push legislation and marginalize the Opposition. Still, the recent election results have shifted the balance of power, emphasizing that numbers matter in a democratic setup.
  • Role of Parliament as a Forum for Debate and Discussion: With the BJP no longer holding an absolute majority, Parliament has regained its role as a forum for national debate and discussion. A strong Opposition and an official Leader of the Opposition has revitalized parliamentary debates, making it a platform for diverse voices and rigorous scrutiny of policies.
  • Need for Bipartisanship and Constructive Engagement: The bipartisanship in Parliament, highlighting that partisanship fuels accountability and regime change. However, bipartisanship is essential for working through differences and finding common ground. Both the government and the Opposition must act in good faith to support Parliament’s role in democratic governance.
  • Reforms to Strengthen Parliamentary Functioning: The Deputy Speaker’s position should be given to the Opposition as per the parliamentary convention. The Opposition should be allowed to set the agenda at least one day a week. Crucial legislation should be sent to Standing Committees for detailed scrutiny, ensuring thorough debate and expert input.
  • Revitalization of Standing Committees: Standing Committees are important in scrutinizing legislation and fostering bipartisanship. However, they have lost their vigor recently, with pivotal laws passed without adequate debate. Revitalizing these committees is crucial for detailed discussions, stakeholder consultations, and maintaining the legitimacy of the legislative process.

THE WAY FORWARD:

  • Strengthening Parliamentary Committees: To promote specialization and continuity, the tenure of Departmentally Related Standing Committees (DRSCs) should be extended from one year to a longer period. Ensure all significant legislation is referred to DRSCs for detailed scrutiny. This would allow for expert input and stakeholder consultations, improving the quality and acceptance of laws. Provide DRSCs with adequate technical support and specialist advisors to assist in conducting inquiries, holding public hearings, and collecting data.
  • Enhancing Bipartisanship and Reducing Disruptions: As per parliamentary convention, appoint the Deputy Speaker from the Opposition to foster inclusivity and bipartisanship. Allow the Opposition to set the parliamentary agenda at least one day a week, ensuring their issues and concerns are addressed. The Opposition should reject the tactic of disruptions and focus on constructive criticism and debate.
  • Legislative Impact Assessment (LIA): Implement a detailed framework for pre- and post-legislative impact assessments to evaluate the social, economic, environmental, and administrative impacts of proposed laws. Constitute a new Legislation Committee of Parliament to oversee and coordinate legislative planning and impact assessments.
  • Reforming the Anti-Defection Law: Limit the use of party whips to no-confidence motions and critical issues, allowing MPs to vote based on their conscience and constituency interests on other matters. Transfer the adjudicating power of the anti-defection law from the Speaker to an independent body like the Election Commission of India to reduce politicization.
  • Curbing Criminalization of Politics: The Supreme Court recommended establishing more special courts to expedite the trial of politicians on criminal charges. To reduce the influence of money and muscle power, state funding of elections should be implemented, and a national electoral fund for political donations should be created.

THE CONCLUSION:

The strength of India’s democracy lies not just in electoral outcomes but in the effective functioning of its institutions. The 2024 election offers a chance to reinvigorate parliamentary democracy, emphasizing the need for bipartisanship and rigorous scrutiny of legislation. For Parliament to truly represent the people’s will, the government and the Opposition must act in good faith, ensuring diverse voices are heard and policies are thoroughly debated.

UPSC PAST YEAR QUESTIONS:

Q.1 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.2 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped institutionalize the Indian Parliament? 2023

Q.3 Individual Parliamentarians’ role as national lawmakers is declining, which, in turn, has adversely impacted the quality of debates and their outcomes. Discuss. 2019

MAINS PRACTICE QUESTION:

Q.1 Numbers matter in a democracy, but a purely numerical view can be reductive. Discuss the significance of a strong Opposition in a parliamentary democracy and suggest measures to ensure that Parliament functions as a forum for national debate and discussion.

SOURCE:

https://indianexpress.com/article/opinion/columns/rahul-gandhi-narendra-modi-parliament-forum-debate-9428510/

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