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 1949.
- Universal Adult Franchise: Guarantees all adult citizens the right to vote regardless of background, ensuring government by consent.
- Parliaments to Date: There have been 17 Lok Sabhas since 1952; the 18th Lok Sabha was constituted in June 2024.
- 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 550 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% (2004−2014) to about 65%, with a record low of 35.75% in 2018 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 25 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.