Governance and Democracy: The Parliamentary System Notes

Overview of the Indian Parliamentary System

  • Constitutional Spirit: The Constitution is viewed as a "vehicle of life" rather than just a legal document, as stated by Alladi Krishnaswami Ayyar in November 19491949.
  • Universal Adult Franchise: Guarantees all adult citizens the right to vote regardless of background, ensuring government by consent.
  • Parliaments to Date: There have been 1717 Lok Sabhas since 19521952; the 18th18^{th} Lok Sabha was constituted in June 20242024.
  • Structural Inspiration: While inspired by Britain, the system also draws on India's historical experiences like ancient republics (mahājanapadas) and village panchayats.

Composition of the Parliament

  • Bicameral Structure: India follows a bicameral system consisting of two houses:
    • Lok Sabha (House of the People): The Lower House with a maximum of 550550 members elected directly by the people.
    • Rajya Sabha (Council of States): The Upper House where members are elected indirectly by an electoral college.
  • Presiding Officers: The Lok Sabha is led by the Speaker; the Rajya Sabha is presided over by the Vice President of India as Chairperson.
  • The Sengol: A gold-plated silver sceptre from the Chola period placed near the Speaker's chair, symbolizing righteous rule and the transfer of power (dharma).

Functions of the Parliament

  • Constitutional: Upholding core values, electing the President and Vice President, and amending the Constitution.
  • Lawmaking: Laws originate as Bills (drafts). The process involves readings, standing committee scrutiny, clause-by-clause discussion, voting, and finally, Presidential assent to become an Act.
    • Money Bills: Specific financial bills that can only be introduced in the Lok Sabha with prior recommendation from the President.
  • Executive Accountability: The Council of Ministers is collectively responsible to the Lok Sabha. Mechanisms like the Question Hour (the first hour of a session) hold the executive accountable.
  • Financial Accountability: The Parliament approves the annual budget and monitors government expenditure.

The Union and State Executives

  • The President: The Head of State and nominal head of the Executive; appoints the Prime Minister and gives assent to bills.
  • The Prime Minister: The de facto executive authority and leader of the majority party; coordinates ministries and shapes national policies.
  • State Level Parallel: States have a similar structure with a Governor (Nominal Head), Chief Minister (De facto Head), and a Vidhan Sabha (Legislative Assembly). Some states also have a Vidhan Parishad (Legislative Council).
  • Division of Powers: Jurisdictions are divided into the Union List, State List, and Concurrent List to maintain federalism.

Judiciary and Checks and Balances

  • Role: Acts as the custodian of the Constitution, interpreting laws and resolving disputes.
  • Checks and Balances: The Judiciary ensures the Legislature and Executive operate within the Constitutional framework, preventing any single organ from becoming too powerful.

Challenges to Effective Functioning

  • Productivity: Rajya Sabha productivity declined from 78%78\% (200420142004-2014) to about 65%65\%, with a record low of 35.75%35.75\% in 20182018 due to disruptions.
  • Concerns: Issues include regular absenteeism, uncooperative conduct, disruptions of the Question Hour, and the presence of representatives with criminal cases.
  • Electorate Engagement: Strengthening democracy requires informed citizens, public debate, and constructive engagement with political representatives.

Questions & Discussion

  • Voice of the People: How does the Parliament ensure different opinions are heard and act as the representative voice of the citizens?
  • System Choice: Why did the Constitution makers choose a bicameral legislature at the Union level and make the Executive responsible to the Legislature?
  • Women's Reservation Bill, 2023: Discussion on why this bill took over 2525 years to pass despite wide support.
  • Impact of Disruptions: Evaluation of how parliamentary disruptions affect the quality of laws and public trust in representatives.
  • Independent Judiciary: Consideration of the consequences of not having an independent judicial branch to check other government organs.