Home/upsc: parliament & state legislatures
- Recent Questions
- Most Answered
- Answers
- No Answers
- Most Visited
- Most Voted
- Random
- Bump Question
- New Questions
- Sticky Questions
- Polls
- Followed Questions
- Favorite Questions
- Recent Questions With Time
- Most Answered With Time
- Answers With Time
- No Answers With Time
- Most Visited With Time
- Most Voted With Time
- Random With Time
- Bump Question With Time
- New Questions With Time
- Sticky Questions With Time
- Polls With Time
- Followed Questions With Time
- Favorite Questions With Time
Recent 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 lessWhat 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.
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