• UGI USER
  • Dec 21, 2023
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LEGISLATIVE DECLINE IN INDIA: A DEEPENING CONCERN

Syllabus:

  • GS2 : Parliament and State Legislatures—Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these.

 Why in the News ?

  • Recent events in the Indian Parliament, including a security breach and the subsequent government response, raise serious concerns.
  • Individuals staged a theatrical attempt in Parliament, bringing attention to the issue of unemployment.
Source: ToI

Focus:

  • The denial of a legislative debate on a crucial issue and the suspension of numerous Opposition members reflect disregard for  deliberative democracy.
  • The Union government’s response to this incident has been problematic and raises questions about democratic values.

Issues Citing Threat to Democratic Values and Legislative Decline:

Suspension of Opposition Legislators:

  • The government’s refusal to engage in a debate and the subsequent suspension of 78 Opposition MPs highlight a worrying trend.
  • The Chair’s unprecedented use of suspensions as a response to demands for statements and debates adds to the concern.

Selective Use of Suspension:

  • Since 2014, 92 suspensions, primarily targeting Opposition members, have occurred, contrasting with a more inclusive approach from 2004 to 2014.
  • Even less severe offenses have resulted in suspensions, raising questions about.
  • the fairness and equity of such actions.

Erosion of Deliberative Democracy:

  • Deliberation is a fundamental aspect of a functioning democracy, involving debates, committee discussions, and thorough examination of Bills.
  • Recent parliamentary sessions have witnessed attempts to bypass the Opposition, pass Bills without sufficient discussion, and limit amendments.

Underutilization of Committees:

  • The underutilization of parliamentary and standing committees undermines the spirit of deliberation.
  • Adequate discussions and in-depth considerations of Bills and legislations are essential for a healthy democracy.

Short Shrift to Legislative Business:

  • Legislative business and parliamentary work have taken a backseat, with theatrics and one-upmanship dominating proceedings.
  • Both the Treasury and Opposition benches have engaged in actions that compromise the essence of parliamentary democracy.

Misuse of Laws Against Dissent:

  • The use of the Unlawful Activities (Prevention) Act to target dissenters reflects a concerning pattern.
  • Equating dissent with terrorism contributes to a climate where genuine concerns are suppressed using draconian measures.

Global Democracy Reports:

  • Global democracy reports, such as those by the V-Dem Institute, characterize India’s democracy as an “electoral autocracy.”
  • India’s democratic credentials are further questioned as legislative actions prioritize theatrics over substantive debates.

Challenges in Legislative Reform in India:

  • Political Resistance: Political parties may resist changes that could alter the balance of power or reduce their influence.
  • Lack of Consensus: Difficulty in achieving consensus among diverse political ideologies and regional interests hinders the legislative reform process.
  • Complex Procedures: Cumbersome legislative procedures and bureaucratic red tape impede the swift enactment of reforms.
  • Absence of Legislative Impact Assessment Culture: The absence of a culture for comprehensive Legislative Impact Assessment makes it challenging to evaluate the true implications of proposed legislation.
  • Resistance to Committee Reforms: Resistance to changes in parliamentary committees, such as longer tenures and increased specialization, may hinder their effective functioning.
  • Political Whip Usage: Overreliance on the use of the whip in parliamentary proceedings limits free debate and deliberation.
  • Speaker’s Role in Anti-Defection Law: Resistance to transferring the adjudicating power of the speaker regarding the anti-defection law to independent bodies like the Election Commission.
  • Lack of Statutory Backing for Election Commission: The lack of a statutory framework supporting the Model Code of Conduct (MCC) poses challenges to the Election Commission of India’s enforcement capabilities.
  • Opposition Empowerment: Establishing the institution of a Shadow Cabinet faces potential resistance, affecting the overall empowerment of the opposition.
  • Historical Inertia: Prevailing norms and historical practices create inertia, making it challenging to break away from traditional legislative processes.
  • Lack of Public Awareness: Limited public awareness about legislative reforms and their potential impact poses a challenge to garnering widespread support.
  • Overloaded Legislative Agenda: A crowded legislative agenda often results in inadequate time for thorough deliberations on proposed reforms.
  • Privilege Ambiguity: The ambiguity surrounding legislative privileges makes it difficult to codify and delineate the extent of immunity enjoyed by lawmakers.
  • Federal Structure Complexities: The federal structure of India adds complexity, requiring coordination among states and the central government for effective legislative reforms.

International Concerns:

  • International organizations, including Freedom House, have raised alarms about the state of civil and political liberties in India.
  • The recent actions of the government contribute to a perception of India as “partially free,” inviting international scrutiny.

Way Forward for Legislative Reforms:

  • Legislative Impact Assessment:
  • Establish a comprehensive framework for both pre and post Legislative Impact Assessment.
  • Mandate every legislative proposal to include a detailed analysis of social, economic, environmental, and administrative impacts for broader awareness and legal assessment.
  • Form a new Legislation Committee in Parliament to oversee and coordinate legislative planning.
  • Codification of Privileges:
  • Define and limit the privileges of legislators to ensure the free and independent functioning of Parliament and state legislatures.
  • Consider amending Article 105 to provide clarity on the extent of immunity enjoyed by members under parliamentary privileges.
  • Parliamentary Committee Reforms:
  • Implement measures for the effective functioning of Department Related Standing Committees, including longer tenures and promoting specialization.
  • Review of Anti-Defection Law:
  • Restrict the use of the whip to a no-confidence motion to revive debate and deliberations in Parliament.
  • Transfer the adjudicating power of the speaker concerning the anti-defection law to the Election Commission of India.
  • Strengthening of ECI :
  • Provide statutory backing to the Model Code of Conduct, eliminating any vacuum for the Election Commission of India (ECI) to enforce it.
  • Strengthen the Role of  Opposition:
  • Form the institution of a ‘Shadow Cabinet’ in India to bolster the role of the opposition.
  • Adopting the British cabinet system, the shadow cabinet aims to balance the ruling cabinet and prepare opposition members for future ministerial roles.
  • Introduce a system where each action of a Cabinet Minister must be countersigned by the corresponding minister in the shadow cabinet.

 The recent developments in India’s Parliament underscore a worrying decline in democratic values.

From the suppression of debates to the selective suspension of Opposition members, these actions contribute to a broader backsliding of democracy in the country, demanding urgent attention.

Source:

https://www.google.com/amp/s/www.thehindu.com/opinion/editorial/legislative-decline-the-hindu-editorial-on-governments-actions-and-a-disregard-for-deliberative-democracy/article67651320.ece/amp/

Mains Practice Question:

Examine the challenges contributing to the legislative decline in India. Propose comprehensive reforms and suggest the way forward for strengthening deliberative democracy in the country.