THE CONTEXT: A fundamental purpose of democracy is to establish processes to negotiate differences among a diverse population that coexist. India’s leadership has put it above other countries in the international scenario but facing certain challenges. In this context, with the upcoming elections near the corner, India needs to set an example for the world to reset and bring back good faith in its politics.

ISSUES:

• Behaviour of ruling regime: The ruling regime has recently behaved impatiently in the Parliament even for democratic formalities. It has wielded state power in wholly undemocratic ways to neutralise the Opposition and clampdown on dissent.
• Stand of opposition: There is a section of the Opposition, especially civil society, which has pursued a strategy of embarrassing the government. It is not just that there is ideological opposition to the government but it is very clear that this section refuses to acknowledge the very legitimacy of the government.
• Erosion of faith: Decline of good faith in politics has resulted in a mindless rivalry where only the most partisan can prosper as opposed to those motivated by the public interest. This status quo, if left unaddressed, would be tragic for country.
• Issue of anti-defection law: There is another concern of anti-defection law which subverts representative democracy by constraining legislators to party leadership’s order. There has not been enough discussion on the effects of the anti-defection law on inner party democracy and issue-based mobilisation across parties.
• Lack of intra party transparency: It is a common knowledge that power in all political parties has concentrated in the hands of a few individuals. While political parties are notionally democratic, in-house elections lack transparency.

THE WAY FORWARD:

• Acknowledge the behaviour on both sides: There are a range of behaviours by the government but also those opposed to the government which need to be acknowledged from the both sides. There is no need for more explanation on the government’s misuse of state power, which includes defections, imprisonment, and intimidation.
• Role of individuals: Individuals of all ideological inclinations, who value civility and moderation in the politics, can play a crucial role. Many of these individuals wield influence within politically relevant institutions, either officially or through their networks. This group can play a pivotal role in restoring basic democratic principles in our public life by exerting influence.
• Reform with party system: Though partisanship is an important driver of multi-party democracy but constant demands for a blind, aggressive allegiance will only make partisanship and cynicism worse. Instead, party members must use their influence to restrain their own party’s excesses and reorient focus towards substantive issues.
• Address anti defection: There is a need to develop consensus of individuals across party lines on getting rid of the anti-defection law to limit potential instability in political parties. Also, dispersal of power to party’s elected representatives can create avenues for internal negotiations as well as horizontal issue-based mobilisation.
• Media’s role needs scrutiny: The mass media plays a pivotal role in opinion-making and instead of informing the electorate, the media often contributes to polarisation. It is in the interest of every citizen to promote responsible journalism and rebuild trust in the media. Individuals with influence over their party or media institutions can help create an environment to support a more public-interest media.

THE CONCLUSION:

India, like many other liberal democracies, is at a similar crossroads of ideological diversities. Therefore, concerned citizens across the ideological divide needs to come together to restore trust in our political institutions and preserve our democratic framework.

UPSC PREVIOUS YEAR QUESTIONS

Q. Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (2019)

MAINS PRACTICE QUESTIONS

Q. Faith in India’s political institutions seems at its lowest with the erosion of its credibility. Critically examine the statement and suggest ways to restore trust in politics.

SOURCE: https://www.thehindu.com/opinion/op-ed/bringing-back-faith-in-indias-politics/article67710670.ece

THE CONTEXT: The winter session of Parliament marked a new low in India’s parliamentary democracy as the ruling government refused to engage with the Opposition. It evaded executive accountability and passed a number of Bills with far-reaching consequences while a majority of the Opposition members remained suspended.

RULES OF SUSPENSION OF MPs

• It is the duty of the presiding officer which is Speaker of Lok Sabha and Chairman of Rajya Sabha for smooth functioning of the Parliament. In this regard, Speaker or Chairman is empowered to force a member to withdraw from the House.

SUSPENSION RULES IN THE LOK SABHA:

• Rule 373 of the Rules of Procedure and Conduct of Business: The speaker may direct any Member to withdraw immediately from the House and to remain absent during the rest of the day’s sitting if his/her conduct is grossly disordered.
• Rule 374 of the Rules of Procedure and Conduct of Business: The Speaker may name a member if it thinks necessary, who disregards the authority of the Chair or abuses the rules of the House persistently and wilfully obstruct the business.
• Once the member is named, the government introduces a motion for their suspension. If the motion passes, the member gets suspended.
• The member stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less.

SUSPENSION RULES IN THE RAJYA SABHA:

• Rule 255 of the Rules of Procedure and Conduct of Business: Chairman of Rajya Sabha is empowered to direct any Member whose conduct is in his opinion grossly disordered to withdraw immediately from the House.
• The Chairman identifies any member causing undue disruptions. Following this, a motion is presented to the House for their suspension. If the House approves the motion, the member is suspended.

ISSUES:

• Suspension of members: A total of 146 Members of Parliament (MP) from the Opposition bloc were suspended as they clamoured for a statement. This suspension is termed by the Opposition MP as “predetermined and premeditated” by the government. This suspension seems to be unconstitutional and illegal in nature as wilful and persistent obstruction of the business alone qualifies for the naming and suspension of a member. Moreover, suspension cannot be for an indefinite period.
• Legislation without discussion: It was in the absence of a majority of the Opposition members that the government passed new laws. It includes rewriting the criminal code of the country, regulation of telecommunication and the appointment of the Election Commission of India The common feature of these laws is an unprecedented increase in the power of the executive, and it is not a coincidence that they were passed without a meaningful parliamentary debate.
• Challenge to Democratic principles:Illegal and unconstitutional suspensions not only stifle opposition voices but also affects democratic discussions. This leads to disruptions in parliamentary proceedings and hinders the legislative work.

THE WAY FORWARD:

• Adhere to Parliamentary Rules:Parliament should strictly follow Rules 374 of the Lok Sabha and Rules 256 of the Rajya Sabha while suspending members. It should not be done to satisfy the whims and fancies of the ruling government to supress the dissent of the opposition members.
• Constructive role of opposition: Opposition should invest much time and effort in asking for a debate on the substantive legislative matters. They should play a constructive role in the Parliament and should be allowed to put forward their views and express themselves in a dignified manner.
• Ensure dialogue: Such suspensions highlight the need for better methods to handle disagreements in Parliament. Political leaders should prioritize dialogue over suspensions to address disagreements in Parliament.

THE CONCLUSION:

The recent suspensions should be revisited to ensure they align with constitutional norms. The government should not use its majority to rush through legislation and should find ways to end the turmoil and bring harmony to our legislatures.

PREVIOUS YEAR QUESTIONS

Q.1 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of the Indian Parliament? (2023)

Q.2 Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices. (2023)

MAINS PRACTICE QUESTION

Q.1 ‘’A parliament without opposition means an executive without accountability”. Discuss the statement in light of mass suspension of parliamentarians and passing of important Bills without effective discussion.

Source: https://www.thehindu.com/opinion/editorial/law-of-numbers-on-the-winter-session-and-a-low-in-indias-parliamentary-democracy/article67677048.ece

THE CONTEXT: The  suspension of more than 140 MPs is being seen merely as a political contest between the government and the Opposition. However, it is rather the expression of a radical change in this regime which is collapse of parliamentary democracy.

ISSUES:

• Unconstitutional concentration of power: The biggest challenge is the pseudo constitutional appearances of terminologies. The rules of procedure, legal redress, constitutional morality, institutions or even the terminology of parliamentary democracy is not appropriate. The recourse to this formal language of democracy serves increasingly to provide a unconstitutional concentration of power.
• Parliament as dead institution: The weakening of Parliament leads to accretion of a disproportionate power in other institutions, disregard the system of checks and balances, and Parliament is effectively now seen as dead as an institution.
• Misuse of press: The media which is a site of public opinion formation recklessly worships power, or even creates appropriate diversions for it.
• Separation of power: The separation of powers has long been dead as an idea and in most parliamentary democracies, executive and legislative power has increasingly been fused. This has been a process long in the making and has roots in the nature of party government.
• Not a representative institution: For Parliament without Opposition is simply the unbridled power of the executive. It is not a representative institution, but a Parliament that now rests entirely in the persona of the leader.
• Personification of popular will: Democracy now is about the personification of popular will. This is the popular will institutionalised in a single person and enacted through the party. In this conception, the person wields power, without any seriously effective constitutional limitations. This leads to elected dictatorship and unprecedented concentration of power and monopolisation of all organs of the state.
• Monopolisation of power: Monopolisation of power is altering the fundamental nature of our regime, it is nothing short of a constitutional coup d’etat. Civil liberties are weakened to give the government more powers of surveillance and control. The three criminal code bills that the Lok Sabha has just passed and the Telecommunications Bill are just the two most recent instances.

THE WAY FORWARD

• Democratic Participation: Disruptions in Parliament are necessarily counter-productive. Thus, the government needs to be more democratic and allow the opposition to put their ideas in a free manner.
• Ensure productivity of parliament: There is a need to monitor the productivity of the day-to-day working of both Houses of Parliament. The overall productivity of the session also can be studied and disseminated to the public on a weekly basis.
• Ensure political accountability: There is a need to ensure political accountability. It can be done by allowing proper representation and right to seek answers and hold the government accountable to the parliament to ensure their responsiveness.

THE CONCLUSION:

There are diverse and often competing, even conflicting, views in political discourse. However, the plurality of views is the very essence of parliamentary democracy. The ability and willingness of the ruling party and the opposition to engage in a dialogue serve to demonstrate accountability in public governance.

PREVIOUS YEAR QUESTIONS

Q.1 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of the Indian Parliament? (2023)

Q.2 Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.(2023)

MAINS PRACTICE QUESTION

Q.1 “Mass suspensions of legislators not only undermines principles of representative democracy but also leads to executive captures of parliamentary democracy.” Comment.

SOURCE: https://indianexpress.com/article/opinion/editorials/imfs-message-9078117/

THE CONTEXT: The recent suspension of a large number of Opposition Members of Parliament from the House in the Winter Session underlines the institutional weakening of our political system.

ISSUES:

• Parliament has been converted into a zone of conflict, where the established norms of discussion and deliberation are being conveniently sidelined.
• One one hand, ruling party invokes the House rules to supersede the parliamentary customs and conventions simply to get rid of the Opposition while the Opposition uses the act of disruption as a legitimate political technique.

FOUR IDENTIFIABLE FACETS OF THIS POLITICAL CRISIS:

1. Decline of Legislative discussion:

• • The idea of legislative discussion has lost its political significance. Parliamentary debates in recent years shows that MPs always adhere to party-line to make any comment, criticism or observation.
  • These remarks are often delivered in the form of a political speech, which usually does not determine the outcomes of actual legislative business. The parliamentary discussion therefore turns out to be a collection of unrelated speeches, disruptions and sloganeering.
  • The failure of parliamentarians to evolve a culture of mutual learning through healthy discussions and deliberations has weakened the democratic capability of Parliament as the supreme legislative body.

2. Professionalisation of politics:

• • Post-colonial Indian politics inherited values from the national movement and democratic politics was defined as a form of social service in the early decades after Independence.
  • However, recent electoral competition use factors as caste, religion and regional identity are recognised as powerful tools. Politics is now being seen rather differently as a profession to gain power and achieve upward mobility.
  • For example, the politicians who used to celebrate secularism as the ultimate moral value earlier do not hesitate to mock it as an outdated idea now.

3. Intellectual aspect:

• • This new form of competitive politics deteriorate intellectual aspect of political parties. There is an enthusiasm to embrace the dominant political narrative for electoral viability.
  • Opposition are no longer interested in posing any intellectual challenge in electoral politics.
  • The intellectual bankruptcy of the political class does not allow it to generate new political ideas and imaginations. As a result, the level of legislative discussions is compromised and disruptions become the acceptable norms of doing politics inside Parliament.

4. Decline of political morality

• • The Constitution expects legislators to evolve a political value-system so as to make themselves collectively accountable and responsible.
  • The manner in which the Rules to conduct legislative business have been invoked this time is deeply problematic.
  • Their imposition without any reference to larger democratic principles makes them politically inappropriate and logically unsustainable.

THE WAY FORWARD:

• Strike a balance between disruption and important issues: There is a need to strike a balance between deliberate disruption and raising important issues.
• Constructive role of opposition: Opposition members should play a constructive role in Parliament and they should be allowed to put forward their views and express themselves in a dignified manner.
• Address broader challenges: There is a need to address the broader challenges in the functioning of the Indian Parliament, including issues related to representation, responsiveness, and the need for procedural reforms.

THE CONCLUSION:

The present situation is an outcome of a much deeper political crisis, which poses a serious challenge to our democratic values and egalitarian constitutional principles. There is a need to take into account the concerns of voters who believe in parliamentary system to protect and nurture democratic values.

PREVIOUS YEAR QUESTIONS

Q.1 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of the Indian Parliament? (2023)

Q.2 Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.(2023)

MAINS PRACTICE QUESTION

Q.1 The wholescale suspension of MPs in a single day highlights the ongoing challenges in maintaining order and decorum during legislative sessions. Comment.

SOURCE: https://indianexpress.com/article/opinion/columns/behind-suspension-of-143-mps-a-political-immorality-9076656/

THE CONTEXT: The security breach in Parliament featuring a theatrical attempt by individuals to highlight an issue of public importance and the Union government’s response to it have been deeply problematic.

MORE ON THE NEWS:

• The government has hindered any debate over this issue in Parliament which lead to an unprecedented high number of suspensions of Opposition legislators which disregard deliberative democracy.
• Over 90 opposition MPs suspended so far for causing ruckus and for disrupting parliamentary proceedings.
• Unlike in the two Lok Sabhas (2004-14), when even ruling party legislators, including rebels, were suspended for unruliness, this time only opposition members have been subject to suspension and also this is for far less severe offences since 2014.

ISSUES:

• Denial of legislative debate: Denial of legislative debate further affects the democratic processes in the country. Legislative business and parliamentary work have been often given short time while one-upmanship through the use of suspensions, have dominated proceedings.
• Underutilising parliamentary committee: Over the course of recent parliamentary sessions, there have been multiple attempts at oppressing the opposition. There have been attempts at getting Bills passed without adequate discussion and under-utilising standing and parliamentary committees.
• Targeting dissenters: One of the issue arising is misuse of the draconian Unlawful Activities (Prevention) Act to indiscriminately target dissenters, such as the protesters who threw canisters and raised slogans in Parliament. It has also fallen into the recent pattern of a deliberate equation of dissent with terror.
• International image: Such actions in parliament in India have compelled global democracy reports by research institutions such as V-Dem Institute to characterise India’s democracy as an “electoral autocracy”. Also, this has led the U.S.-based Freedom House, that measures civil and political liberties, to declare India as “partially free”.

THE WAY FORWARD

• Code of conduct of MPs and MLAs: There must be strict adherence to the code of conduct for MPs and MLAs so that there is least disruption of proceedings in parliament.
• Strong legislative oversight: A strong legislative oversight system ensures accountable government and the realization of the welfare state’s promise. For an effective parliamentary democracy, strict parliamentary supervision is a must.
• Effective discussion: The hallmark of a functioning democracy is deliberation, where elected legislators debate and discuss issues of public importance. A thorough deliberation can be done by efficient utilisation of parliamentary and standing committees to delve into the proposed legislation.
• Regulating suspension of parliamentarians: Parliament can amend its rules to give MPs more power when confronting the government and enable its committees to play a larger role in the legislative process. The Speaker’s adjudicating power over anti-defection legislation could be handed to the other agencies like Election Commission of India for impartial decision of suspensions.

THE CONCLUSION:

Parliament is regarded as the highest institutions in the country in which representative democracy is implemented. However, the recent actions by the government contribute to the backsliding of democracy in India, making it a matter of serious concern. There is a need for further strengthening the Parliament to prevent disruption of its proceedings and to deepen its role as the forum for deliberation on critical national issues.

PREVIOUS YEAR QUESTIONS

Q.1 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of the Indian Parliament? (2023)

Q.2 Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices. (2023)

MAINS PRACTICE QUESTION

Q.1 The functioning of Parliament has deteriorated over time, which is not a good sign for a healthy democracy. Comment.

Source: https://www.thehindu.com/opinion/editorial/legislative-decline-the-hindu-editorial-on-governments-actions-and-a-disregard-for-deliberative-democracy/article67651320.ece

THE CONTEXT: There are far too few parliamentarians or assembly members responsible for citizen welfare in India. This limited representation in a democratic setup indicates India’s flawed representative system.

COMPARISON WITH OTHER COUNTRIES

• India had around 4,126 Members of the Legislative Assembly, 543 Lok Sabha MPs and 245 Rajya Sabha MPs. However, India has innumerable grassroots politicians, 1,000-plus municipal councils/corporations with between 50 to 100 wards and approximately 2,38,000 panchayats.
• An Indian Member of Parliament (MP) is said to represent 2.5 million citizens on average. A U.S. House of Representatives member typically represents approximately 7,00,000 citizens.
• In Pakistan, a member of the National Assembly is a representative of approximately 6,00,000 citizens, while the ratio in Bangladesh is closer to approximately 5,00,000 citizens.
• Unlike India, the United States has a political system that seeks to engender malapportionment, with each State given two senators in the U.S. Senate. This is easier in a homogeneous country with a bi-party political system, where the same parties compete across all States.
• In India, with its heterogeneous political system across States, malapportionment can mean empowering select political outfits over others.

ISSUES:

• Law making: Legislatures play a vital role in raising debates and discussions on various aspects of governance and in exacting accountability from the government. However, due to inadequate representation there are issue in order to raise critical issues and in the process of law-making.
• Reduced working hours of Parliament: Limited representation often leads to reduction in working hours of Parliament. This leads to passing of bills without any scrutiny.
• Hindrance to Representative Democracy: Parliamentary discussion is a manifestation of a representative kind of democracy but inadequate representation leads to limited parliamentary discussion. This in turn hinders the representative democracy.
• Lack of Accountability: Lack of productivity in the Parliament hinders the process of holding members of parliament accountable for their actions. This undermines the democratic principle of checks and balances without sufficient oversight.
• Skewedness towards few states: Our political system faces issue of malapportionment, with legislative weight being skewed towards the citizens of select States.

THE WAY FORWARD

• Proper Delimitation: Delimitation could be a potential solution to restore proportionality however it should be utilised properly. Delimitation could engender a bias towards a Hindi-speaking northern population while enabling select national parties to rise to power. However, delimitation should not be driven only by factors based on population. Geographical determinism, economic productivity, linguistic history, and a sense of fairness should also play a part. The number of seats in the Parliament needs to increase significantly to help enhance democratic representation ratios.
• Promoting federalism: Our electoral system must be reformed by promoting federalism and the states must be given a better voice and a platform to represent their interests.
• Reform in Rajya Sabha: Constitutional reform can be pursued to give each state the same number of Rajya Sabha MPs. At the same time, direct elections for Rajya Sabha MPs should be promoted while ensuring that a domicile requirement is added and stringently adhered to.
• Reforms in Lok Sabha and State Assembly elections: There is need for proportional representation especially for the Lok Sabha and State Assembly elections. As, India’s first-past-the-post system may ensure quicker election results. But still, it does ensure that a legislator often represents a constituency without a majority of votes.
• Increase number of states: The largest State with highest resident population in the United States, California, has a population of just 39 million, with the average State having a population of about five to six million. Around 22 Indian States/Union Territories have a population higher than that. A New State Reorganisation Commission may be set up after the next election to evaluate the socio-economic and administrative viability of select to-be States to enhance administrative efficiency and democratic accountability.

THE CONCLUSION:

There is a need to strengthen the representative parliamentary democracy by promoting a culture of constructive dialogue and debate within Parliament. This requires ensuring that adequate number of seats are provided to parliamentarians in a timely and transparent manner.

PREVIOUS YEAR QUESTION

Q. To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (250 words)

MAINS PRACTICE QUESTIONS

Q. Legislative representation is fundamental to political empowerment which enables participation in the law-making process. Comment.

SOURCE: https://www.thehindu.com/opinion/lead/enhancing-representation-for-a-just-electoral-system/article67529548.ece