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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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"Indian Parliament can amend the Constitution, but not its basic structure" comment.
In words of renowned scholar Hans Kelson the constitution of India is the grundnorm i.e. the ultimate authority governing its people including the government. The framers of the constitution have made it a flexible document by providing amendment procedure under Article 368.But, this power of parliaRead more
In words of renowned scholar Hans Kelson the constitution of India is the grundnorm i.e. the ultimate authority governing its people including the government. The framers of the constitution have made it a flexible document by providing amendment procedure under Article 368.But, this power of parliament to amend the constitution cannot be used to destroy the grundnorm itself.
Basic structure refers to the founding principles of our constitution. In the landmark case of Keshvananda Bharti v. State of Kerala(1973, SC) it was made clear by the Hon’ble Supreme Court that the amending powers of parliament cannot be used to destroy its basic structure. The court didn’t provide for an exhaustive list of what is included in the basic structure as it clarified that elements of basic structure can only be examined as and when it comes for examination before the court. Giving due importance to the amending power of the parliament it stated that even fundamental rights can be amended provided that basic structure is untouched. In Keshvananda case republic and democratic form of government, sovereignty and unity of India inter alia laid as forming part of basic structure. Principles constituting basic structure are a subject of judicial scrutiny.
Parliament should be cautious that when exercising the constituent power to amend it doesn’t alters the founding principles of the constitution from which it derives its power to amend.
See lessDescribe the procedure of creation and abolition of Legislative Council in States. Why did the Andhra Pradesh State Assembly pass a resolution to abollshthe State's Legislative Council? Explain in short. (125 Words) [UPPSC 2019]
Procedure for Creation and Abolition of Legislative Council in States **1. Creation The creation of a Legislative Council in a state requires a resolution from the State Assembly, which is then sent to the Parliament. The Parliament must pass an Act to create the Council. For instance, Telangana's LRead more
Procedure for Creation and Abolition of Legislative Council in States
**1. Creation
The creation of a Legislative Council in a state requires a resolution from the State Assembly, which is then sent to the Parliament. The Parliament must pass an Act to create the Council. For instance, Telangana‘s Legislative Council was established in 2014 following this procedure.
**2. Abolition
To abolish a Legislative Council, the State Assembly passes a resolution seeking its dissolution. This resolution is also sent to the Parliament, which must then pass an Act to officially abolish the Council.
**3. Recent Example: Andhra Pradesh
In 2020, the Andhra Pradesh State Assembly passed a resolution to abolish its Legislative Council. The main reasons were inefficiency and high costs associated with running the Council. The state government argued that the Council was redundant and was hindering legislative progress, prompting the move to streamline governance.
In summary, both creation and abolition of a Legislative Council involve State Assembly resolutions and Parliamentary approval, with Andhra Pradesh opting for abolition to improve legislative efficiency.
See lessDiscuss the main methods by which the Parliament of India controls the executive. (200 Words) [UPPSC 2021]
भारतीय संसद द्वारा कार्यपालिका पर नियंत्रण के मुख्य तरीके 1. विधायी निरीक्षण (Legislative Oversight): संसदीय समितियाँ: संसद विभिन्न समितियाँ जैसे लोक लेखा समिति (PAC) और वित्तीय समिति का गठन करती है, जो सरकारी योजनाओं, बजट और खर्चों की जांच करती हैं। उदाहरण: 2022 में, PAC ने कोविड-19 महामारी के दौराRead more
भारतीय संसद द्वारा कार्यपालिका पर नियंत्रण के मुख्य तरीके
1. विधायी निरीक्षण (Legislative Oversight):
2. सवाल और उत्तर प्रणाली (Question and Answer System):
3. वेतन और संसद की अनुमति (Control over Expenditure):
4. अविश्वास प्रस्ताव (No-confidence Motion):
5. संसदीय बहस और चर्चा (Parliamentary Debate and Discussion):
निष्कर्ष: भारतीय संसद के पास कार्यपालिका पर नियंत्रण के कई प्रभावशाली तरीके हैं, जैसे विधायी निरीक्षण, सवाल-उत्तर प्रणाली, वित्तीय नियंत्रण, अविश्वास प्रस्ताव और संसदीय बहस। ये तरीके सरकार की जिम्मेदारी और पारदर्शिता को सुनिश्चित करते हैं, जिससे लोकतांत्रिक प्रक्रियाओं की मजबूती बनी रहती है।
See lessDescribe the role played by Parliamentary Committees in the functioning of Indian Parliament. (125 Words) [UPPSC 2021]
Role of Parliamentary Committees in the Functioning of Indian Parliament 1. Detailed Scrutiny: Parliamentary Committees are essential for detailed examination of legislation and policies. For example, the Public Accounts Committee (PAC) reviews government expenditures and financial reports, enhancinRead more
Role of Parliamentary Committees in the Functioning of Indian Parliament
1. Detailed Scrutiny: Parliamentary Committees are essential for detailed examination of legislation and policies. For example, the Public Accounts Committee (PAC) reviews government expenditures and financial reports, enhancing transparency. Recently, the PAC scrutinized the COVID-19 vaccine procurement process, ensuring accountability.
2. Oversight and Accountability: Committees ensure effective oversight of executive actions and adherence to laws. The Standing Committee on Home Affairs monitors the implementation of policies related to internal security and public safety, providing checks and balances.
3. Policy Recommendations: They offer in-depth recommendations on various issues. The Joint Committee on the Personal Data Protection Bill conducted extensive consultations and provided suggestions to improve data privacy legislation.
4. Expert Input: Committees gather expert opinions and public inputs to inform their reports. The Select Committee on Agricultural Laws examined the contentious farm laws, incorporating diverse viewpoints before making recommendations.
Conclusion: Parliamentary Committees play a crucial role in enhancing legislative effectiveness, ensuring oversight, and facilitating informed decision-making in the Indian Parliament.
See less"If amendment bill to the Whistleblowers Act, 2011 tabled in the Parliament is passed, there may be no one left to protect." Critically evaluate. (200 words) [UPSC 2015]
Critical Evaluation of the Amendment Bill to the Whistleblowers Act, 2011 Background of the Whistleblowers Act, 2011: The Whistleblowers Protection Act, 2011, was enacted to safeguard individuals who expose corruption or wrongdoing within government and public institutions. It aimed to provide a legRead more
Critical Evaluation of the Amendment Bill to the Whistleblowers Act, 2011
Background of the Whistleblowers Act, 2011: The Whistleblowers Protection Act, 2011, was enacted to safeguard individuals who expose corruption or wrongdoing within government and public institutions. It aimed to provide a legal framework for the protection of whistleblowers from retaliation and harassment.
Concerns with the Amendment Bill: Recent amendments proposed to this Act raise significant concerns about the effectiveness of protection for whistleblowers:
Conclusion: If the amendment bill is passed, the protections offered by the Whistleblowers Act, 2011, may be significantly undermined. To effectively protect whistleblowers, the Act should maintain robust safeguards against retaliation and ensure that the process of seeking protection is accessible and effective. Addressing these issues is crucial to fostering an environment where individuals feel safe to report corruption and misconduct.
See lessDo 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. (250 words) [UPSC 2021]
Department-Related Parliamentary Standing Committees: Effectiveness and Impact Introduction Department-Related Parliamentary Standing Committees (DRPSCs) are crucial for ensuring parliamentary oversight and accountability in India. They play a pivotal role in scrutinizing the functioning of variousRead more
Department-Related Parliamentary Standing Committees: Effectiveness and Impact
Introduction Department-Related Parliamentary Standing Committees (DRPSCs) are crucial for ensuring parliamentary oversight and accountability in India. They play a pivotal role in scrutinizing the functioning of various government departments and agencies, thereby enhancing administrative efficiency and fostering respect for parliamentary control.
Role in Keeping Administration on Its Toes
Inspiring Reverence for Parliamentary Control
Conclusion Overall, DRPSCs significantly contribute to enhancing administrative accountability and ensuring that government departments adhere to parliamentary standards. Their detailed scrutiny and recommendations not only keep the administration vigilant but also uphold the sanctity of parliamentary control. Recent examples underscore their effectiveness in driving administrative reforms and maintaining transparency, thereby affirming their critical role in the Indian parliamentary system.
See lessExplain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (250 words) [UPSC 2021]
Constitutional Provisions for Legislative Councils 1. Establishment of Legislative Councils Article 168: The Indian Constitution allows for the creation of a Legislative Council in a State under Article 168. It stipulates that each State shall have a Legislature consisting of the Governor and, in StRead more
Constitutional Provisions for Legislative Councils
1. Establishment of Legislative Councils
2. Structure and Functions
Review of Working and Current Status
1. Working of Legislative Councils
2. Current Status and Recent Developments
In summary, while Legislative Councils are intended to enhance legislative scrutiny and provide a forum for revising legislation, their effectiveness varies by state, and debates over their necessity and functionality continue.
See less‘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? (150 words) [UPSC 2020]
The principle of "Once a Speaker, Always a Speaker" suggests that former Speakers of the Lok Sabha should retain their impartiality and respect associated with the office. Adopting this practice could bolster the objectivity of the Speaker, as it emphasizes the long-term commitment to neutrality eveRead more
The principle of “Once a Speaker, Always a Speaker” suggests that former Speakers of the Lok Sabha should retain their impartiality and respect associated with the office. Adopting this practice could bolster the objectivity of the Speaker, as it emphasizes the long-term commitment to neutrality even after leaving office.
Implications:
However, care must be taken to ensure that former Speakers do not overstep their roles or become politically active in ways that could compromise their impartiality.
See lessRajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (250 words) [UPSC 2020]
The Rajya Sabha, India's Council of States, has undergone significant transformation over the past few decades, evolving from a largely symbolic body into a crucial legislative and oversight institution. This transformation is evident in several key factors and areas: 1. Enhanced Legislative Role: ARead more
The Rajya Sabha, India’s Council of States, has undergone significant transformation over the past few decades, evolving from a largely symbolic body into a crucial legislative and oversight institution. This transformation is evident in several key factors and areas:
1. Enhanced Legislative Role:
2. Effective Oversight:
3. Representation of States:
4. Expertise and Debate:
5. Revisions and Amendments:
6. Increased Public Engagement:
Conclusion: The Rajya Sabha has evolved into a dynamic and influential component of India’s parliamentary system. Its enhanced role in legislation, oversight, and representation underscores its transformation into a vital supporting organ of governance.
See lessIndividual Parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (250 words) [UPSC 2019]
Decline in Individual Parliamentarian's Role and Its Impact on Legislative Quality Introduction: The role of individual Parliamentarians as national lawmakers in India has been diminishing, which has adversely affected the quality of debates and legislative outcomes. This shift has significant impliRead more
Decline in Individual Parliamentarian’s Role and Its Impact on Legislative Quality
Introduction: The role of individual Parliamentarians as national lawmakers in India has been diminishing, which has adversely affected the quality of debates and legislative outcomes. This shift has significant implications for the effectiveness of democratic processes and the functioning of the legislature.
Reduced Individual Influence: Traditionally, individual Parliamentarians played a crucial role in shaping legislation through active participation in debates, discussions, and committee work. However, the increasing centralization of power within party leadership and the executive branch has reduced individual contributions. Party whips and leadership directives often limit independent thought and debate, thereby marginalizing the role of individual legislators in policy-making.
Impact on Quality of Debates: The decline in individual Parliamentarians’ roles has negatively impacted the quality of parliamentary debates. Limited opportunities for substantive discussion mean that debates often become superficial, with Members of Parliament (MPs) adhering strictly to party lines rather than engaging in critical analysis and constructive dialogue. This reduction in meaningful scrutiny affects the thorough examination of bills and diminishes the quality of legislative discourse.
Reduced Legislative Oversight: Effective legislative oversight requires active and informed participation from individual MPs. As their role diminishes, there is a decrease in rigorous questioning of executive actions and policies. This decline in oversight weakens accountability, as fewer MPs are engaged in detailed examination of government performance and expenditure, thereby diminishing the checks and balances system.
Dependence on Whip System: The party whip system has become more pronounced, with MPs often required to vote in line with party directives rather than personal or constituency interests. This centralization of voting power limits individual MPs’ ability to advocate for diverse viewpoints, thereby impacting the diversity of debates and legislative outcomes.
Potential for Reform: To address these issues, reforms could focus on enhancing the autonomy of individual MPs and promoting greater transparency and accountability within the legislative process. Encouraging more robust parliamentary committees and providing opportunities for MPs to engage in in-depth discussions could improve the quality of legislative work.
Conclusion: The diminishing role of individual Parliamentarians has adversely affected the quality of parliamentary debates and legislative outcomes. Reforms aimed at restoring individual influence and enhancing legislative scrutiny are essential for improving the effectiveness of the parliamentary system and ensuring more comprehensive and representative law-making processes.
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