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Analyze the steps taken by the state legislatures and the Indian Parliament to improve the government’s financial control and monitoring. Talk about the functions of the Comptroller and Auditor General, the Public Accounts Committee, and other financial accountability agencies. Compare ...
Roadmap for Answer Writing 1. Introduction (2-3 sentences) Start with the concept of parliamentary oversight: Briefly explain the role of parliamentary oversight in the Indian system of governance and its importance in ensuring that the Executive is accountable to the Legislature. Introduce the ...
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
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.
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 lessRoadmap for Answer Writing 1. Introduction Briefly introduce the concept of Legislative Councils (Vidhan Parishads) as part of India’s bicameral legislature. State the significance of understanding their constitutional provisions, working, and current status. 2. Constitutional Provisions for Establishment Article 169: Explain that this article empowers Parliament ...
Model Answer Introduction India's federal structure features a bicameral legislature in several states, comprising an Upper House known as the Legislative Council (Vidhan Parishad) and a Lower House (Legislative Assembly). Currently, states like Andhra Pradesh, Bihar, Karnataka, Maharashtra, TelangaRead more
India’s federal structure features a bicameral legislature in several states, comprising an Upper House known as the Legislative Council (Vidhan Parishad) and a Lower House (Legislative Assembly). Currently, states like Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have Legislative Councils, established under specific constitutional provisions.
As of now, six states in India maintain Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. A recent example is the abolition of the Legislative Council in Jammu and Kashmir when the state was reorganized into a Union Territory in 2019.
The necessity and relevance of Legislative Councils continue to spark debate. Proponents argue they provide checks on legislation and representation for diverse groups, while critics contend they are a financial burden and often hinder legislative efficiency.
The discussion around Legislative Councils underscores the complexities of balancing diverse interests and effective governance within India’s federal framework, reflecting ongoing challenges in legislative processes.
See lessRoadmap for Answer Writing 1. Introduction: Contextualizing the Question (30-40 words) Start with a brief introduction about the role of Parliament in the democratic setup. Define its core functions: deliberative lawmaking and holding the executive accountable. Mention the increasing concerns over the decline in ...
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
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.
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.
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).
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 lessRoadmap for Answer Writing Introduction Briefly introduce the Whistleblowers Protection Act, 2011 and its purpose. State the significance of the proposed amendment bill. Present the thesis: The amendments may undermine the Act’s effectiveness in protecting whistleblowers. Body 1. Overview of the Proposed Amendments Summarize key provisions of ...
Model Answer Introduction The Whistleblowers Protection Act, 2011, was established to safeguard individuals who expose corruption and misconduct in public offices. However, proposed amendments to the Act raise significant concerns about the potential erosion of protections for whistleblowers, leadinRead more
The Whistleblowers Protection Act, 2011, was established to safeguard individuals who expose corruption and misconduct in public offices. However, proposed amendments to the Act raise significant concerns about the potential erosion of protections for whistleblowers, leading to fears that the essence of the legislation may be compromised.
The proposed amendments to the Whistleblowers Protection Act, 2011, necessitate careful reconsideration. Striking a balance between protecting sensitive information and ensuring robust whistleblower protections is essential. Without such safeguards, the Act risks losing its effectiveness in promoting transparency and accountability in governance.
See lessRoadmap for Answer Writing 1. Introduction Define the role of Parliament in a parliamentary democracy. State the importance of ensuring accountability of the executive. Outline the purpose of the answer: to evaluate the extent of Parliament’s ability to ensure executive accountability in India. 2. Mechanisms ...
Model Answer Introduction In India’s parliamentary democracy, the Parliament plays a pivotal role in ensuring the accountability of the executive. This relationship is essential for maintaining transparency and governance through various mechanisms that allow Parliament to scrutinize the actions andRead more
In India’s parliamentary democracy, the Parliament plays a pivotal role in ensuring the accountability of the executive. This relationship is essential for maintaining transparency and governance through various mechanisms that allow Parliament to scrutinize the actions and policies of the executive.
Despite these mechanisms, certain factors limit Parliament’s effectiveness:
While the Indian Parliament possesses various mechanisms to ensure executive accountability, challenges such as disruptions, party discipline, and a weak opposition can impede its effectiveness. Addressing these issues is vital for fostering a robust environment for oversight and constructive debate, ultimately enhancing accountability within the executive branch.
See lessRoadmap for Answer Writing Introduction: Context Setting Begin by explaining the role of the Speaker of State Legislative Assemblies and the concerns related to their bias and partisanship. Briefly introduce the issue: Should the Speaker continue to hold the authority under the Anti-Defection ...
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
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.
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.
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.
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.
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 lessUnder what circumstances can the President’s Rule be enforced in a state? Additionally, describe the process of its implementation and the resulting consequences. (Answer in 200 words)
President's Rule in India: Constitutional Provisions and Controversies President's Rule, governed by Article 356, is a significant yet contentious provision in the Indian Constitution. It enables the central government to take direct control of a state when its constitutional machinery fails. GroundRead more
President’s Rule in India: Constitutional Provisions and Controversies
President’s Rule, governed by Article 356, is a significant yet contentious provision in the Indian Constitution. It enables the central government to take direct control of a state when its constitutional machinery fails.
Grounds for Imposition:
Procedure and Effects:
Recent Controversies:
President’s Rule remains a powerful tool in Indian federalism, but its application is closely scrutinized for potential misuse and its impact on state autonomy. Balancing the need for central intervention with respect for state sovereignty continues to be a critical aspect of its implementation.
See lessRoadmap for Answer Writing Step 1: Introduction Briefly define delimitation and its purpose. Mention the constitutional and procedural context of delimitation (such as the freeze on delimitation after the 1971 Census, the 84th Constitutional Amendment of 2002, and the planned delimitation after the ...
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
Census-based delimitation aims to redraw the boundaries of Lok Sabha constituencies to ensure nearly equal voter representation. However, this approach raises several concerns:
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.
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.
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.
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.
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 lessExamine the purpose and importance of the parliamentary privileges and immunities that the Indian legislature’s members possess. Consider the extent and constraints of these rights, as well as how they affect how the state legislatures and the parliament operate. In ...
Parliamentary Privileges and Immunities in India: A Double-edged Sword The Indian Parliament and state assemblies function under a system of privileges and immunities accorded to their members. Let's dissect their role, significance, limitations, and how they compare to other democracies: Role and SRead more
Parliamentary Privileges and Immunities in India: A Double-edged Sword
The Indian Parliament and state assemblies function under a system of privileges and immunities accorded to their members. Let’s dissect their role, significance, limitations, and how they compare to other democracies:
Role and Significance:
Freedom of Speech: Members can freely express their views within Parliament without fear of legal action, encouraging open and robust debate.
Protection from Arrest: This ensures uninterrupted parliamentary work by preventing frivolous arrests during sessions.
Immunity from Court Proceedings: Members are not liable for statements made in Parliament, promoting fearless representation of constituents.
Internal Discipline: Each house can discipline its members and punish breaches of privilege, maintaining decorum.
Scope and Limitations:
Misuse of Freedom: The shield of freedom of speech doesn’t protect hate speech or defamation.
Limited Immunity: Immunity applies only to parliamentary proceedings, not to criminal activities.
Executive Control: The privilege to arrest members rests with the executive, creating a potential imbalance.
Contempt of Parliament: The power to punish for contempt can be misused to stifle dissent.
Impact on Functioning:
Constructive Debate: Privileges foster open debate, leading to well-informed legislation.
Responsible Conduct: Knowing their words are public record, members might exercise greater caution.
Potential for Abuse: Unchecked misuse of privileges can undermine public trust and parliamentary decorum.
Stifled Dissent: Fear of being labelled contemptuous might deter criticism of the government.
Comparison with Other Democracies:
UK: Privileges are similar, but the UK Parliament actively reforms them to ensure they remain relevant.
US: Freedom of speech is absolute, but members can be expelled for misconduct.
Canada: Privileges are more limited, with greater emphasis on accountability to constituents.
Observations:
Parliamentary privileges are essential for a functioning democracy. However, India requires a more robust system for preventing their misuse.
Striking the right balance between freedom and accountability is crucial.
Possible Reforms:
Codifying parliamentary privileges through legislation for clarity and consistency.
Establishing an independent body to investigate breaches of privilege.
Defining the scope of freedom of speech within Parliament to prevent misuse.
Reviewing the contempt power to ensure it’s used judiciously and proportionally.
By implementing these reforms, India can ensure that parliamentary privileges promote a vibrant democracy and responsible conduct by its legislators.
In India, both the Parliament at the central level and state legislatures have adopted several measures to strengthen financial control and oversight of the government. These measures primarily involve institutions like the Public Accounts Committee (PAC), the Comptroller and Auditor General (CAG),Read more
In India, both the Parliament at the central level and state legislatures have adopted several measures to strengthen financial control and oversight of the government. These measures primarily involve institutions like the Public Accounts Committee (PAC), the Comptroller and Auditor General (CAG), and other financial accountability mechanisms. Let’s examine these in detail and compare them with similar systems in other democratic nations:
Measures in India to Strengthen Financial Control and Oversight:
Public Accounts Committee (PAC):
Role: It is a parliamentary committee that examines the audit reports of the CAG. It scrutinizes the appropriation accounts, finance accounts, and reports of autonomous and semi-autonomous bodies.
Functions: Reviews government expenditures to ensure that they are within the limits approved by Parliament and are spent for authorized purposes.
Powers: Can call for witnesses, including government officials, and can summon documents related to government expenditure.
Comptroller and Auditor General (CAG):
Role: CAG is an independent constitutional authority responsible for auditing the accounts of the central government as well as state governments and public authorities.
Functions: Audits the expenditure and receipts of the government to ensure compliance with laws and regulations. It reports findings to the Parliament and state legislatures.
Powers: Has extensive powers to access records, call for information, and perform audits to ensure financial accountability.
Budgetary Control Mechanisms:
Annual Budget: Presented by the Finance Minister, it outlines the government’s revenue and expenditure plans for the fiscal year.
Parliamentary Scrutiny: Both houses of Parliament scrutinize the budgetary proposals, debate them, and can suggest amendments.
Post-Budgetary Control: After the budget is passed, PAC and CAG scrutinize the actual expenditure to ensure it aligns with the approved budget.
Other Financial Accountability Mechanisms:
Standing Committees: Besides PAC, various other parliamentary committees like the Estimates Committee and the Committee on Public Undertakings also play roles in examining specific aspects of government finances and performance.
Internal Audit Mechanisms: Each government department has its internal audit mechanisms to ensure compliance with financial rules and procedures.
Comparison with Other Democratic Nations:
United Kingdom:
Public Accounts Committee: Similar to India, the UK Parliament has a PAC that examines the reports of the National Audit Office (equivalent to CAG).
Role of CAG: The UK National Audit Office audits the finances of government departments and reports to Parliament, similar to India’s CAG.
United States:
Government Accountability Office (GAO): Acts as the audit arm of the US Congress, similar to CAG’s role in India, providing independent audits and investigations.
Congressional Oversight: Congressional committees, including the Committee on Oversight and Reform, scrutinize government expenditures and programs.
Australia:
Australian National Audit Office (ANAO): Conducts audits of government entities and reports to the Parliament, similar to CAG in India.
See lessParliamentary Committees: Australian parliamentary committees, including the Joint Committee of Public Accounts and Audit, scrutinize government finances and programs.
Conclusion:
In India, the measures adopted by the Parliament and state legislatures, such as the Public Accounts Committee, Comptroller and Auditor General, and other financial accountability mechanisms, play crucial roles in ensuring transparency, accountability, and effective oversight of government finances. These mechanisms are integral to the functioning of democracy by holding the government accountable for its financial management and expenditure. While these systems share similarities with other democratic nations, each country adapts these mechanisms according to its constitutional framework and administrative structure, reflecting unique approaches to financial control and audit.