CHAMBER OF SILENCE

Mass suspension of MPs signals the arrival of an authoritarian state

 

Relevance:

GS 2 and 3

  • Important aspects of governance, transparency and accountability, e-governance applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.
  • Security challenges

Why in News:

The suspension of 143 MPs from Parliament during the last session therefore sets an unfortunate precedent.

Source- Money Control

The article “Chamber of Silence” by Manoj Kumar Jha discusses the concerning trend of mass suspensions of MPs in India, suggesting an authoritarian turn in the state’s governance. It contextualizes this within a broader critique of the current administration’s approach to parliamentary democracy and opposition.

Contextual Background

  • Historical Parallel: On the anniversary of the 2001 Parliament attack, a security breach in the new Parliament building sets the stage for the ensuing controversy.
  • Security Lapse and Response: The incident’s downplay and the lack of communication from Home Minister Amit Shah raise questions about transparency and accountability in handling national security issues.

Parliamentary Functioning and Democratic Values

  • Role of Parliament: Parliament is not merely a legislative body but a symbol of democracy, representing diverse views and interests of the Indian electorate.
  • Importance of Opposition: The opposition’s role in critiquing government policies, proposing alternatives, and representing minority views is foundational to a healthy democracy.
  • Suspensions as a Symptom: The mass suspension of MPs is indicative of a deeper malaise affecting parliamentary decorum, democratic deliberation, and the balance of power.

Trends in Parliamentary Discipline and Dissent

  • Shifting Paradigm of Discipline: The line between maintaining parliamentary discipline and stifling dissent is increasingly blurred, with discipline often used to silence opposition.
  • Impact on Legislative Quality: Rushed legislation without adequate debate or opposition scrutiny leads to subpar laws and policies, affecting governance and public welfare.

The Government’s Strategy and Opposition’s Dilemma

  • Authoritarian Tendencies: The current government’s approach reflects a trend towards centralization of power and marginalization of dissenting voices.
  • Electoral Implications: The narrative of strong leadership is often pitted against the alleged inefficiency of a diverse and contentious parliament, influencing voter perception and electoral outcomes.

Legal and Ethical Considerations

  • Constitutional Mandates: The Indian Constitution provides for freedom of speech within Parliament and mandates that MPs represent their constituents’ interests, a principle compromised by unwarranted suspensions.
  • Ethics and Accountability: The ethical responsibility of MPs to their electorate and the accountability of the government to the parliament are central to democratic integrity.

Global and Historical Perspectives

  • Comparative Analysis: Comparisons with other parliamentary democracies can provide insights into managing dissent, conducting debates, and maintaining legislative integrity.
  • Historical Lessons: The history of parliamentary democracy in India and elsewhere offers valuable lessons on the importance of preserving democratic spaces within the legislature.

Strategic Silence and Symbolic Acts

  • Silence as Strategy: The strategic use of silence by key government officials on critical matters undermines the parliament’s role as a forum for accountability.
  • Symbolism of Suspension: The act of suspension is not just an administrative decision but a symbolic one, reflecting the government’s stance towards dissent and debate.

Challenges and Recommendations

  • Need for Dialogue and Deliberation: Encouraging informed debate, engaging in meaningful dialogue with the opposition, and ensuring parliamentary proceedings are conducted with decorum are essential steps forward.
  • Strengthening Institutions: Strengthening parliamentary committees, ensuring transparency in proceedings, and enhancing the role of backbenchers can lead to a more robust and responsive parliament.
  • Civic Education and Participation: Educating citizens about their democratic rights and encouraging active participation in the democratic process can help counteract tendencies towards authoritarianism.

What could have government done instead

  • Transparent Communication: The government could have immediately acknowledged the security breach, providing a detailed account and reassurance of measures taken to prevent future incidents, thus fostering transparency and trust.
  • Constructive Engagement with Opposition: Instead of suspending MPs, the government could have engaged in constructive dialogue with the opposition to address their concerns, potentially forming a bipartisan committee to investigate the breach and recommend improvements.
  • Reinforcing Parliamentary Procedures: Strengthening parliamentary procedures to ensure robust debate and scrutiny, enhancing the role of committees, and ensuring that suspensions are used judiciously and as a last resort.
  • Civic Engagement and Accountability: Encouraging civic engagement by informing citizens about the breach and subsequent actions, and reinforcing the government’s accountability to both the parliament and the public.

Though it’s within in the power of chairman but MPs should not be suspended without a fair hearing, and the Parliament’s integrity depends on its ability to include all elected representatives.

Rules of Suspension of MPs

Who can suspend MPs:

·  Presiding Officers (Speaker of Lok Sabha and Chairman of Rajya Sabha) are responsible for maintaining order in the House.

·  They have the authority to ensure smooth proceedings and can force a member to withdraw.

Rules of Procedure and Conduct:

·  Rule 373: The Speaker can direct a member to immediately leave the House for disorderly conduct.

·  Suspended members must remain absent for the rest of the day’s sitting.

·  Rule 374: The Speaker can name a member who disrespects the Chair’s authority or obstructs House business persistently.

·  The named member can be suspended for the remainder of the session.

·  Rule 374A: Added in December 2001, it allows automatic suspension for gross violations or severe charges when named by the Speaker.

·  Suspension can be for five consecutive sittings or the rest of the session, whichever is less.

·  Rule 255 (Rajya Sabha): The presiding officer can suspend a Member of Parliament if their conduct is deemed disorderly under Rule 255.

·  Rule 256 (Rajya Sabha): The Chairman can suspend a member from the Council for a period not exceeding the remainder of the Session.

Terms of Suspension:

·  Maximum suspension duration is for the remainder of the session.

·  Suspended members cannot enter the chamber, attend committee meetings, give notice for discussion, or receive replies to their questions.

Interventions by the Court:

·  Article 122 of the Constitution bars court interference in parliamentary proceedings.

·  Courts have intervened in procedural matters, like the Maharashtra Legislative Assembly’s suspension of 12 BJP MLAs in 2021.

·  The Supreme Court ruled the resolution ineffective beyond the Monsoon Session.

 

Source : Indian Express

Mains Question

Q “Discuss the implications of the mass suspension of Members of Parliament (MPs) in India on the functioning of the parliamentary system and its impact on democracy. Assess the role of the Opposition in a parliamentary democracy and the importance of safeguarding democratic processes.”