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Parliament & State legislatures
The Indian Constitution establishes a bicameral Parliament at the national level, comprising the Lok Sabha (lower house) and the Rajya Sabha (upper house). This structure ensures representation from both the national and regional perspectives, with the Lok Sabha being the more powerful house.
The clear delineation of legislative powers between the Parliament and state legislatures is a crucial feature of India’s federal system.
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‘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?
The "Once a Speaker, Always a Speaker" principle might have been designed to promote impartiality but may also prove a boon and a bane to efficient parliamentary business management in India. Advantages: It would highly increase the impartiality of the Speaker because there would be no chance of eveRead more
The “Once a Speaker, Always a Speaker” principle might have been designed to promote impartiality but may also prove a boon and a bane to efficient parliamentary business management in India.
Advantages:
It would highly increase the impartiality of the Speaker because there would be no chance of ever returning to active party politics and, hence, any perceived or actual biases that may result from future political ambitions.
Strengthen Democratic Norms: This convention would strengthen the non-partisan character of the office of the Speaker, hence improving the democratic process and further instilling confidence in the institution among the people.
Reduced Impact of Political Pressure: Since there is no hope of political benefits in the future, the Speaker may not be under so much pressure to make political decisions but rather make impartial ones.
It may be considered a limitation of the political career of someone holding the office of Speaker, thereby discouraging men and women of good standing from holding such an office.
-Potential Not to Join Party After Term Has Been Completed: The potential not to join their party once their term has been served would reduce the incentive for highly qualified people to seek the position of Speaker.
Detachment from Political Realities: A Speaker permanently disconnected in active politics may become disoriented from the dynamic political scenario and thus would not be able to efficiently preside over the business of parliament and understand the nuances of contemporary political oratory.
Constitutional Issues: It may even attract constitutional questions because it can breach one’s right to associate oneself or oneself with political activity.
Alternative approaches to the “Once a Speaker, Always a Speaker” principle can be utilized to neutralize the office of the Speaker as follows:
-Strengthening the existing norms and conventions: It could be in focusing on strengthening existing norms and conventions governing the office of the Speaker to be directed toward non-partisanship and impartiality.
-Public awareness of the importance of the Speaker’s neutrality as well as to the need of maintaining the office dignity.
See less-Policies on periodical and clear review of conduct of the Speaker so that judgment is perceived not to be arbitrary and concerns will be addressed.
Analyze the composition and purpose of the Lok Sabha Ethics Committee, emphasizing its role in monitoring the ethical conduct of its members. Additionally, provide a brief comparison of the functions and mandates of the Ethics Committee and the Privileges Committee of the Lok Sabha (200 words)
Model Answer Introduction The Lok Sabha Ethics Committee, established in 2000 and institutionalized in 2015, upholds ethical conduct among MPs, ensuring public trust. Similarly, the Privileges Committee safeguards parliamentary authority and dignity. Both committees play pivotal roles in maintainingRead more
Model Answer
Introduction
The Lok Sabha Ethics Committee, established in 2000 and institutionalized in 2015, upholds ethical conduct among MPs, ensuring public trust. Similarly, the Privileges Committee safeguards parliamentary authority and dignity. Both committees play pivotal roles in maintaining order and morality within the legislative framework.
Lok Sabha’s Ethics Committee
Composition and Purpose
Chairperson and Procedures
Key Roles
Privileges Committee
Mandate and Scope
Comparative Overview
Similarities and Overlaps
Conclusion
Together, the Ethics and Privileges Committees are vital pillars in parliamentary governance, reinforcing ethical behavior and protecting institutional dignity. Their distinct yet interrelated mandates ensure a balanced approach to maintaining trust, accountability, and respect within the legislative domain.
See lessRecent public discussions have brought attention to cases where Governors have delayed giving assent to bills passed by state assemblies. Should there be a prescribed time limit for Governors to either approve or reject these bills? Analyze. (200 words)
Model Answer Introduction The role of Governors in withholding assent to bills passed by state assemblies has been a contentious issue, with several recent instances highlighting delays in granting assent. The discretion afforded to Governors under the Indian Constitution has raised concerns about iRead more
Model Answer
Introduction
The role of Governors in withholding assent to bills passed by state assemblies has been a contentious issue, with several recent instances highlighting delays in granting assent. The discretion afforded to Governors under the Indian Constitution has raised concerns about its potential for misuse, leading to questions about whether a prescribed time limit should be imposed for Governors to either approve or reject bills.
Instances of Governors Delaying Assent to State Assembly Bills
Constitutional Veto Powers of the Governor
Should There Be a Specified Time Limit for Governors to Accept/Reject Bills?
Yes:
No:
Conclusion
While the imposition of time limits could streamline the legislative process and enhance the autonomy of state assemblies, the current system respects the Governor’s role in ensuring constitutional stability. As the Rajamannar Committee suggests, Governors should act as constitutional heads of state rather than as agents of the Centre, and any reforms, including time limits, would require constitutional amendments. Until such reforms are considered, maintaining a balance between autonomy and federal integrity remains essential.
See lessGiven the concerns of prejudice and partisanship surrounding Speakers of State Legislative Assemblies, should the authority under the anti-defection law be removed from their control?
Model Answer Introduction: Bias and Partisanship Among Speakers The Speakers of State Legislative Assemblies in India have often been accused of acting in a biased manner. For example, the Maharashtra Assembly Speaker was criticized for delaying disqualification decisions, while the Rajasthan AssembRead more
Model Answer
Introduction: Bias and Partisanship Among Speakers
The Speakers of State Legislative Assemblies in India have often been accused of acting in a biased manner. For example, the Maharashtra Assembly Speaker was criticized for delaying disqualification decisions, while the Rajasthan Assembly Speaker faced backlash for issuing disqualification notices to certain MLAs. These concerns highlight the need to review the current role of Speakers in matters related to the Anti-Defection Law.
Provisions Under the Anti-Defection Law
The Anti-Defection Law under the Tenth Schedule grants significant powers to the Speaker. Their decision on disqualification is final, with no time limit for making a ruling. Moreover, the courts cannot intervene until the Speaker has made a decision. This setup has raised concerns about potential bias and delay in decisions, especially when the Speaker is from the ruling party.
Arguments for Curtailing the Powers of the Speaker
Conflict of Interest: The Speaker, often from the ruling party, may have an inherent conflict of interest. During the 2019 Karnataka Assembly crisis, the Speaker was accused of favoring the ruling party in disqualification matters.
Delay in Decisions: Speakers have been criticized for delaying decisions on disqualification, allowing defected legislators to continue as members. For example, a disqualification petition in Manipur remained pending for almost three years before the Supreme Court intervened.
Dinesh Goswami Committee Recommendation: The committee recommended that the power to disqualify members under the Tenth Schedule be vested in the Governor, who would act on the advice of the Election Commission.
Arguments Against Transferring Power to Other Bodies
Independent Panel: Suggestions for an independent panel of retired judges could lead to judicial interference in political matters, disrupting the separation of powers.
Politicization of the Election Commission: Giving the Election Commission greater role in disqualification could politicize the body, as the executive plays a significant role in its appointments.
Suitability of the Speaker: The Speaker, being an integral part of the legislature, is best suited to decide on disqualification matters, as shown by unbiased decisions like those taken by the Andhra Pradesh Speaker, who disqualified eight MLAs in 2023 for shifting their loyalties.
Conclusion: Promoting Neutrality
To address the concerns of bias and partisanship, the best approach would be to promote neutrality within the Speaker’s role. Drawing from practices in developed democracies like the UK and Ireland, reforms should aim at ensuring the Speaker acts impartially and in the best interests of the legislative process.
See lessParliamentary
The Committees Standing, especially those that are related to government departments, assist in ensuring that the administration is made to answer and operate correctly in line with the laws. These Committees act as connecting links between the legislature and the executive branch of the governmentRead more
The Committees Standing, especially those that are related to government departments, assist in ensuring that the administration is made to answer and operate correctly in line with the laws. These Committees act as connecting links between the legislature and the executive branch of the government in facilitating continuous oversight and scrutiny of them. In assessing the working of the committees, we may tell if they indeed keep the administration in a living scrutiny and would, additionally, instill a greater respect for parliamentary control.
The Role of the Department-Related Parliamentary Standing Committees
Department-related parliamentary standing committees are permanent functional bodies of Parliament focusing on and dealing with the business of specific governmental departments or policy areas. The standing committees essentially initiate with consideration of legislation, monitoring government actions and programs, examining proposals for the budget, and inquiring into other matters of public concern. Standing committees are usually composed of elected Members of Parliament representing different political parties and viewpoints.
The activities of the committees include oversight and holding accountable the government for its organization of affairs and will never be subserved. The Public Accounts Committee has laid down an inflexible examination of public expenditure. It is empowered to summon witnesses-including most importantly, high-ranking government officials and chief officers of departments-to give their testimonies and reasoning for variations on the books relating to public spending or inefficiencies in the management. The constant oversight carries with it the continued discovery of possibilities for reform and improvement in the administration, therefore keeping it on its toes.
Legislative Consideration:The Department-related committees, in this case, review and provide recommendations concerning proposed legislation. The Department-Related Standing Committees are crucial to this function in India. For example, the DRSC on Home Affairs reviewed the Citizenship (Amendment Bill), 2019, and put together a detailed report raising myriad concerns and offering suggestions. The process forces the government to explain and refine its bills, compelling them into line with the public interest and the constraints of legality.
Policy Monitoring:Let there be these committees to further oversight the implementations of government policies and programs. In Australia, for example, Senate Standing Committees on Finance and Public Administration follow that regular examination of the soundness of government initiatives. Their inquiry into the implementation of the National Disability Insurance Scheme had it highlighted quite a number of issues that subsequently led to recommendations for policy readjustments. The never-ending strictures of such monitoring assure the administration would stick to accomplishing the outcomes it has pledged.
Inspiring Respect for Parliamentary Control
Public Trust: Works of department-related committees generally inspire greater public trust where the legislative process and government accountability take shape. Live broadcasts and dissemination of reports of committee hearings can offer better insight into how parliamentary control functions. In the United States, the House Committee on Oversight and Reform has garnered media attention as a result of its preferential inquiries, leading to reforms and quite a few notable changes in policy.
Bipartisan Cooperation: Most of the time, the committees are thus bipartisan; they happen to bring together individuals from opposing political parties in a partnership that helps find a common cause. Through such a path of cooperation, respect for parliamentary procedures and the rule of law could gain an impetus. An example includes the Canadian Standing Committee on Public Accounts, which has always been characterized by bipartisan cooperation critical to maintaining the integrity of the committee’s work and holding the government to the same standards, regardless of the party in power.
Power to Initiate Inquiries: It can be said that department-related committees yield an extensive impact with their improved public awareness initiatives, culminating in findings and recommendations of resounding worth. The thorough probing of certain administrative actions and decisions can serve as a specific deterrent to officeholders’ misbehavior and also serve to inspire good governance. An example of this would be a lot of inquiries conducted by the Portfolio Committee on Police on police brutality and corruption in South Africa that in all instances led to policy changes and the outworking of new oversight mechanisms.
Challenges and Limitations
In addition to being a critical part for the democratic nature of governance with their beneficial functions and operational advice are fraught with various challenges:
Resource Constraints: From time to time, with little space to manoeuvre, these Committees can make it less effective from-the-core attention and frequency in terms of their oversight. Sufficient funding and appropriate staffing can mediate the effective functioning of a Committee.
Political Interference: There is the possibility of political interference whereby committee members might prioritize the interest of the party over that of public scrutiny. This can be tackled through balanced party representation within the Committee with a stringent code of conduct in place.
Executive Resistance: Occasionally, answers to committee interrogatories are rejected or delayed by the executive, to the detriment of profitable operations on the part of the committee itself. Stronger parliamentary rules and support from legislative leadership are most required to address such resistance.
Conclusion
See lessThe parliamentary standing committees, related to concerned ministries or departments, have been the right balance of power existing between the legislature and executive branches of government. Continuous oversight, review of legislations, and monitoring of policies keep the administration quite alert. In the course of time, this work has mostly nurtured a State respect for parliamentary control, showcasing its credibility and accountability in matters of governance. However, for their optimal functioning with the fullest potential being attained, overcoming resource constraints, political interference, and executive resistance is important. When this happens, they can prove to be significant in enhancing the effectiveness and legitimacy of governance so that it functions with great diligence towards serving public interests.
What are the issues associated with the census-based delimitation of Lok Sabha constituencies? (200 words)
Model Answer Issues Associated with Census-Based Delimitation of Lok Sabha Constituencies Census-based delimitation aims to redraw the boundaries of Lok Sabha constituencies to ensure nearly equal voter representation. However, this approach raises several concerns: 1. Disincentivizing Population CoRead more
Model Answer
Issues Associated with Census-Based Delimitation of Lok Sabha Constituencies
Census-based delimitation aims to redraw the boundaries of Lok Sabha constituencies to ensure nearly equal voter representation. However, this approach raises several concerns:
1. Disincentivizing Population Control
Northern states like Uttar Pradesh, Bihar, and Madhya Pradesh have higher population growth rates (12-15% every decade), while southern states like Tamil Nadu and Kerala have slower growth rates (6-10%). This disparity leads to a skewed representation, where higher-population states, primarily in the north, would gain more seats, further entrenching their political power. This dynamic reduces the incentive for southern states to control population growth, as they may lose out on seat allocations in future redistributions.
2. Imbalance in Representation
The scheduled delimitation after 2026 is expected to cause a significant redistribution of seats, with northern states likely to gain over 30 seats at the expense of southern states. For example, states like Tamil Nadu and Andhra Pradesh may lose approximately 24 seats. This redistribution could result in a regional imbalance, weakening the political voice of the southern states in the national legislature.
3. Erosion of Regional Parties’ Influence
The seat redistribution will disproportionately affect the southern states, potentially diminishing the influence of regional parties, which are stronger in these areas. The increased dominance of northern political parties could marginalize regional interests, skewing the political landscape in favor of larger, more populous states.
4. Impact on Reserved Seats for SC/STs
The process of delimitation also influences the allocation of seats reserved for Scheduled Castes and Scheduled Tribes (SC/ST). Changes in constituency boundaries could alter the representation of marginalized communities, potentially diluting their political presence in Parliament.
Suggested Solutions
In conclusion, while census-based delimitation aims for equal voter representation, it risks amplifying regional imbalances and diminishing the power of certain states and communities. A more nuanced approach is needed to ensure fair and inclusive representation.
See lessCritically examine the argument that the anti-defection law has weakened democracy by restricting legislators' freedom to make independent choices and limiting decision-making in legislatures to a select few who control political parties. (200 words)
Model Answer Introduction: Understanding the Anti-Defection Law The Anti-Defection Law, introduced under the Tenth Schedule of the Indian Constitution by the 52nd Amendment Act of 1985, aims to prevent political defections by disqualifying MPs and MLAs who switch parties after elections. The law intRead more
Model Answer
Introduction: Understanding the Anti-Defection Law
The Anti-Defection Law, introduced under the Tenth Schedule of the Indian Constitution by the 52nd Amendment Act of 1985, aims to prevent political defections by disqualifying MPs and MLAs who switch parties after elections. The law intends to promote political stability and safeguard the mandate given by voters. However, its implications for democracy have been hotly debated. Critics argue that it restricts legislators’ independence, consolidates power within party leadership, and curtails democratic decision-making.
Inhibition of Legislators’ Choice
One of the primary criticisms of the Anti-Defection Law is that it inhibits the freedom of legislators to make independent choices. MPs and MLAs are compelled to vote in line with their party’s directives, even if it conflicts with their personal convictions or their constituency’s interests. This restriction diminishes the legislator’s ability to represent their electorate effectively, as they become more beholden to the party leadership than to the people who elected them. The law effectively creates a disconnect between the representatives and their voters, undermining the core principles of democratic representation.
Weakening of Legislative Independence
By forcing legislators to follow the party line, the Anti-Defection Law diminishes their role in the legislative process. MPs and MLAs are discouraged from participating in detailed debates or offering independent opinions on issues, as their voting behavior is strictly controlled by the party leadership. This diminishes the quality of debate in legislative bodies and reduces the effectiveness of parliamentary oversight, a key feature of democratic governance.
Concentration of Power in Party Leadership
The Anti-Defection Law has also contributed to the centralization of power within political parties. Party leaders hold significant sway over individual legislators, as MPs and MLAs risk disqualification for voting against the party. This has allowed political leaders to exert disproportionate control over the decision-making process, sidelining individual legislators and concentrating power in the hands of a few. This centralization can limit diverse perspectives within the legislature, weakening the overall democratic structure.
Conclusion: Balancing Stability and Democracy
While the Anti-Defection Law has helped reduce defections motivated by personal gain and instability, it has unintended consequences that undermine democratic values. Reforms, such as transferring the authority to disqualify legislators to the President or Governor and involving the Election Commission in the decision-making process, could help address these concerns. A more balanced approach is necessary to ensure that the law serves its intended purpose without eroding democratic principles.
See less"How does the lack of effective functioning hinder Parliament's ability to carry out its role in deliberative lawmaking and holding the executive accountable? Discuss." (200 words)
Model Answer Decline in Parliamentary Functioning and its Impact on Lawmaking and Accountability The effective functioning of Parliament is essential for fulfilling its role in deliberative lawmaking and holding the executive accountable. However, recent trends indicate that a decline in parliamentaRead more
Model Answer
Decline in Parliamentary Functioning and its Impact on Lawmaking and Accountability
The effective functioning of Parliament is essential for fulfilling its role in deliberative lawmaking and holding the executive accountable. However, recent trends indicate that a decline in parliamentary operations is undermining these critical responsibilities.
Reduced Time for Discussion and Scrutiny
One of the most significant factors affecting parliamentary functioning is the decreasing number of sitting days. According to the PRS (Public Affairs Centre), the Lok Sabha’s annual sitting days have sharply fallen from 121 days between 1952-70 to just 56 days in 2022. This reduction in sitting time leaves limited opportunities for MPs to debate and scrutinize important legislation or question the executive (PRS, 2022). Furthermore, the rapid passage of bills, with the Lok Sabha passing laws in less than 10 minutes on average, bypasses the necessary scrutiny. This hasty approach diminishes the role of Parliament as a deliberative body and weakens accountability mechanisms.
Overuse of Ordinances and Reduced Committee Scrutiny
Another factor is the increasing reliance on ordinances, which limits Parliament’s ability to debate and hold the executive accountable. Between 2014-2021, 76 ordinances were issued, often circumventing parliamentary processes and reducing opportunities for opposition to question executive actions (PRS, 2021). Additionally, the sidelining of parliamentary committees, such as the Standing Committees, further weakens scrutiny. Only 27% of bills were referred to committees in the 16th Lok Sabha, compared to 71% in the 15th Lok Sabha (PRS, 2019).
Diminished Role of the Opposition and Rajya Sabha
The growing dominance of the ruling party, especially through the use of the money bill route, has further weakened the role of the Rajya Sabha, which traditionally acted as a counterbalance to the Lok Sabha. The lack of short duration discussions—only 6 since 2019—has also stifled the opposition’s ability to raise urgent national issues (PRS, 2019). Moreover, the absence of private members’ bills being passed for over fifty years highlights the diminishing space for non-government voices in lawmaking.
In conclusion, these trends point to a significant erosion of parliamentary functions, limiting its ability to act as a deliberative body and an effective check on the executive. Strengthening parliamentary norms and ensuring adequate time for debates, scrutiny, and opposition involvement are crucial for restoring its accountability role.
See lessEvaluate the effectiveness of parliamentary oversight in ensuring the accountability of the Executive in India. What additional measures could be implemented to enhance this oversight? (200 words)
Model Answers Introduction: Parliamentary oversight in India plays a crucial role in ensuring the accountability of the Executive. Through various mechanisms such as Question Hour, Committees, and motions, Parliament holds the Executive responsible for its actions and policies. However, the effectivRead more
Model Answers
Introduction:
Parliamentary oversight in India plays a crucial role in ensuring the accountability of the Executive. Through various mechanisms such as Question Hour, Committees, and motions, Parliament holds the Executive responsible for its actions and policies. However, the effectiveness of these measures has been limited due to various challenges.
Evaluation of Effectiveness:
Measures to Strengthen Oversight:
Conclusion:
While parliamentary oversight is vital for Executive accountability, its effectiveness can be significantly improved by addressing current limitations. Strengthening the Committee system, reducing disruptions, and empowering the Opposition are key steps towards better governance.
See lessWhat are parliamentary privileges, and why is there a need to codify them? (200 words)
Model Answer Parliamentary Privileges Parliamentary privileges are special rights and immunities granted to members of Parliament, enabling them to perform their duties effectively. These privileges extend to individuals participating in parliamentary proceedings, such as the Attorney General and MiRead more
Model Answer
Parliamentary Privileges
Parliamentary privileges are special rights and immunities granted to members of Parliament, enabling them to perform their duties effectively. These privileges extend to individuals participating in parliamentary proceedings, such as the Attorney General and Ministers. Breaches of these privileges are punishable under parliamentary law, as outlined in Article 105 for Parliament and Article 194 for State Legislatures.
Types of Parliamentary Privileges
Need for Codification
Codifying parliamentary privileges is essential to address their ambiguity and potential misuse. Article 105(3) implies the need for a clear legal framework, as the privileges are often interpreted based on outdated House of Commons practices. Other democracies, like Australia and Canada, have codified similar privileges to enhance accountability.
Misuse of these privileges, such as in the 1998 Supreme Court case of P.V. Narasimha Rao vs. CBI, highlights the risk of evading accountability and undermining democratic values. Therefore, establishing clear guidelines can help protect citizens’ rights while ensuring lawmakers are held to ethical standards.
In conclusion, the codification of parliamentary privileges is vital for clarity and accountability, ensuring they serve their intended purpose without infringing on democratic principles.
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