Date : 01/06/2023

Relevance: GS Paper2: Indian constitution and Parliamentary Democracy

Keywords: parliamentary Democracy, Anti-Defection Law, Intra-Party Dissent.

Context -

• The new Parliament building was inaugurated with both fanfare and controversy.
• The event highlighted the exclusion of the President of India and featured symbolic gestures with historical significance, it also brought attention to a larger issue, the diminishing role of Parliament in India's parliamentary democracy.

Constitutional Safeguards in Parliamentary Democracies:

• Parliamentary democracies incorporate various constitutional safeguards to prevent the dominance or abuse of executive power. These safeguards ensure a system of checks and balances and protect the rights and interests of the citizens.

Requirement of Parliamentary Majority

• This ensures that the government can only implement policies and legislation with the support of the majority of elected representatives. It acts as a restraint on unilateral decision-making and encourages dialogue and consensus-building among various political parties.

Intra-Party Dissent

• It allows members of the ruling party to voice their concerns, disagreements, and alternate viewpoints within the party structure. This fosters healthy debate, encourages accountability, and ensures that decisions are not driven solely by the executive's agenda.

Rights of the Opposition

• Granting rights to the Opposition is crucial in maintaining a robust parliamentary democracy. The Opposition plays a critical role in holding the government accountable, scrutinizing policies, and providing alternative perspectives.

Impartial Speaker

• An impartial Speaker is essential to ensure fair proceedings and maintain the integrity of parliamentary debates. The Speaker acts as a neutral arbiter, enforcing parliamentary rules and procedures and protecting the rights of all members. By impartially presiding over debates and discussions, the Speaker ensures that all voices are heard and respected.

Bicameralism with an Upper House

• The Upper House, often representing diverse interests or regional considerations, acts as a revising chamber. It scrutinizes legislation proposed by the executive and provides an additional layer of scrutiny to prevent hasty decision-making or potential abuse of power.

Dilution of Safeguards in India:

• Unfortunately, these safeguards have been weakened or disregarded in India over the years, leading to the marginalization of Parliament.

Anti-Defection Law:

• The Tenth Schedule of the Indian Constitution, known as the "anti-defection law," discourages intra-party dissent by disqualifying members who defy the party whip. This law has inadvertently strengthened the party leadership's control over parliamentarians, hindering independent voices within the ruling party.

Lack of Opposition Space:

• Unlike in other parliamentary democracies, the Indian Constitution does not provide a designated space for the political Opposition to question the executive directly or exert substantial control over parliamentary proceedings. Consequently, the executive retains full control over how Parliament functions.

Partisan Speaker:

• The Speaker in India's system is not constitutionally required to be impartial or give up party affiliation. As a result, there has been a concerning trend of partisan Speakers favouring the executive's interests over those of the House, affecting the quality of deliberations and undermining the role of the Lok Sabha.

Undermining the Upper House:

• The misclassification of bills as "money bills" and the extensive use of ordinance-making power by the executive further diminish the role of the Upper House. Ordinances, intended for emergency situations when Parliament is not in session, are often used as a parallel legislative process, bypassing the scrutiny of the Upper House.

Executive Dominance and Parliament's Marginalization:

• The cumulative effect of these factors has resulted in a situation where the executive wields significant power with limited checks from Parliament.

• Intra-Party Dissent: The anti-defection law stifles dissent within the ruling party, particularly when there is a single, majority ruling party. This consolidation of power eliminates avenues for challenging the executive's decisions within Parliament.
• Opposition Control: The scope for Opposition participation is subject to executive discretion, allowing the ruling party to control parliamentary debates and minimize public embarrassment.
• Impact on Deliberations: Consequently, parliamentary deliberations have suffered, reflecting the marginalization of Parliament itself. The increasing concentration of executive power resembles a presidential system without the corresponding checks and balances.

Conclusion:

• As India celebrates the inauguration of its new Parliament, it is crucial to question whether the country can still be considered a parliamentary democracy or if it has gradually transformed into an executive democracy.
• Restoring the essence of parliamentarianism would require constitutional changes and reforms that address the dilution of safeguards and rebalance the power dynamics between the executive and Parliament.

Source: The Hindu