Mains Daily Question
Jan. 15, 2024
Q.2 Attempts by the executive to subvert the independent functioning of the legislature is a threat to the autonomy of the Parliament. Examine. (10M/150W)
Approach: Introduction: Introduce by writing about organs of government and separation of power. Body: In the body write about the ways in which executive subverts the independent functioning of legislature and its effects. Emphasis about the role of Legislature’s secretariat in its independent functioning. Touch on other aspects of Executive interference in legislature’s autonomy and subsequent effects. Write about what can be done to undo these practices. Conclusion: Conclude by giving a way forward. |
Answer:
Montesquieu’s doctrine of separation of power is not followed rigidly in Indian political system. The three branches namely executive, legislative and judiciary have somewhat overlapping jurisdictions with checks and balances as well as elements of cooperation between them for smooth functioning.
Lack of water tight compartments often leads to one organ of government encroaching and subverting functioning of the other.
Ways by which executive subverts the independent functioning of legislature and its effects:
- Secretariat: Article 98 of the constitution provides for a secretariat for each house of parliament. Induction of officers of the executive in the legislature secretariat leads to below issues-
- If the secretariat is under the control of the executive, the legislature will fail to perform its most fundamental duty of scrutinising the functioning of the executive, as through these officers, executive can control:
- Admitting the types of parliamentary questions
- Preparing the reports for committees of the House
- Ordinances: Frequent use of power to promulgate ordinances and delegated legislation erodes legislature’s authority.
- Convene Parliament: Power to convene parliament rests with the executive, specifically the Cabinet Committee on Parliamentary Affairs.
- Sitting days in LS have declined, resulting in less scrutiny of the government’s actions, and even that of bills and budgets.
- The executive may avoid calling a session or delay it, due to reluctance of facing the legislature which would demand accountability.
Steps required to prevent subversion of parliamentary autonomy
- Secretariat staffing: The executive needs to recommend that the President recall officials of the executive from legislative staff.
- Fixing the Legislature’s calendar:
- We can fix our parliamentary calendars on the lines of other democratic nations like the UK, US and Germany.
- Fixing minimum number of working days for the Lok Sabha and Rajya Sabha as suggested by The National Commission to Review the Working of the Constitution.
- Power to convene session: There can be an alternative manner to convene parliament. For e.g., minimum number of MPs be empowered to convene the legislature itself within specified time.
The institutional integrity of parliament should not get compromised by the use of brute force of majority. In order for parliament and the state legislatures to survive as the watchdogs of public interest, revamping & strengthening of the working of the Indian legislature is necessary for effective discharge of the constitutional role and responsibilities.