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 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