Legislative Decline in India: Challenges and Implications

Context: This article is based on the news “141 Opposition MPs suspended so far: Are they allowed to enter Parliament? Check list of restrictions” which was published in the Live Mint. The recent suspension of MPs, especially when crucial bills were introduced and passed with limited discussion, raises concerns about legislative decline.

Legislative Decline in India: The Rising Trend of MP Suspensions

• Suspension of MPs: The record suspension of 143 MPs seems the largest in India’s history. 
  • Of these, 95 are from the Lok Sabha and 46 from the Rajya Sabha. 
  • The previous suspension was on March 15, 1989, when 63 Lok Sabha members from Opposition parties were suspended after a dispute regarding the tabling of the report of the Justice Thakkar Commission on the assassination of Indira Gandhi in 1984. 
• Reason for Suspension: The MPs in both Houses were suspended for disrupting Parliamentary proceedings while protesting a recent Parliament security breach.
• Legislative Decline: The suspension of MPs denies them the right to participate in Legislative debate and discussion, a fundamental feature of parliamentary democracy.

To read more on the Suspension of MPs click here

Legislative Decline in India Recent Trends

• Decrease in Number of Sitting Days: The 17th Lok Sabha met for only 230 sitting days, the shortest full-term Lok Sabha since 1952.
• Reduced Budget Deliberations: The 17th Lok Sabha’s Budget session was one of the shortest since 1952. 
  • The Budget Session 2023 of Parliament was adjourned sine die recording the lowest productivity of a Budget Session in five years.
  • The short time to address financial issues raises concerns about the depth of investigation and deliberation on crucial fiscal issues.
• Limited Debates on Public Issues: The number of debates held in the Lok Sabha during the 17th Lok Sabha’s duration has been low. 
  • There have only been 11 short-term debates and one half-hour discussion, showing a limited parliamentary debate on issues of public interest.
  • The farm laws and the labor codes were passed without discussion despite protests by the opposition.

Reasons Behind Legislative Decline

• Executive Dominance: With the increasing executive dominance, it has an overpowering role over parliamentary legislation, leading to a decline in the legislature’s authority.
  • Strong ruling party majorities often lead to hasty passage of bills without adequate debate or amendments, undermining the principle of checks and balances.
• Party Discipline: Strict party discipline often requires members of parliament (MPs) to vote along party lines, reducing their ability to exercise independent judgment and scrutinize the executive effectively.
  • For instance, in India, the anti-defection law, which disqualifies MPs for defying the party whip, has been criticized for undermining the independence of MPs.
• Bypassing Legislature: The increasing use of executive orders, ordinances, and delegated legislation has contributed to the decline of parliamentary authority.
  • Ex- Passing of the Citizenship Amendment Act (CAA), the National Register of Citizens (NRC), and farm legislation. 
• Declining Decorum: Increased disruptions, protests, and unruly behavior in the Parliament hamper productive debate and deliberation, diminishing the public’s perception of its effectiveness.
• Criminalization of Politics: The increasing presence of criminal elements in the legislature undermines public trust and hinders effective lawmaking.
  • In the 2019 Lok Sabha elections, 159 MPs had declared serious criminal cases against them, including those of rape, murder, attempt to murder, kidnapping, crimes against women.
• Other Reasons for disorder in legislatures:
  • The lack of time available to MPs for raising important matters
  • The unresponsive attitude of the government 
  • Deliberate disruption by parties for political or publicity purposes
  • The absence of prompt action against MPs disrupting Parliamentary proceedings.

Challenges Concerning Legislative Decline

• Undermining the Constitutional Obligations: A decline in the productivity of Parliament impairs its ability to perform the duties entrusted to it by the Constitution effectively. 
  • The constitution gives Parliament the mandate to keep the government accountable by scrutinizing the working of ministries.
• Selective Suspension to Curb Dissent: Earlier, during the two Lok Sabhas (2004-14), even ruling party legislators, including rebels, were suspended for unruliness.
  • Now,  only opposition members have been subject to suspension, which includes those for far less severe offenses since 2014.
• Lack of Adequate Deliberations on Bills: The hallmark of a functioning democracy is deliberation, wherein elected legislators debate and discuss issues of public import and seek solutions to issues that affect citizens. 
  • While bills have to be passed following a discussion in parliament, they are now being passed without any discussion and without amendments on merit.
• Quality of Legislation: The decline in the referral of bills to Parliamentary Standing Committees raises concerns about the full examination and evaluation of proposed legislation.
  • The percentage of bills referred to parliamentary committees has reduced from 71% in the 15th Lok Sabha (2009-14) to 27% in the 16th Lok Sabha (2014-19), and to only around 13% since 2019. 
  • Even the bill revoking Article 370 was not referred to a parliamentary committee.
• Limited Parliamentary Business: This has led to an increasing recourse to ordinances that circumvent parliament, and the bypassing of the parliament on several important initiatives.
  • Due to such actions,  a global democracy report by V-Dem Institute has characterised India’s democracy as an “electoral autocracy”.
• Erosion of Democracy: The dissent has been equated with terror. Ex-the usage of the Unlawful Activities (Prevention) Act to target protestors, including the demonstrators who tossed canisters and held signs in Parliament recently.
  • As a result, India has been deemed “partially free” by the Freedom House, which assesses civil and political liberties.

Way Forward

• Greater Role for Opposition: Greater participation of the opposition groups in allocating business of the House would serve as a measure of limiting the executive role and ensure greater accountability of the ruling government.
  • Dedicating one day per week, preferably Mondays, for discussions led by Opposition members will reduce disruptions.
• Code of Conduct for Parliamentarians: Code of conduct for members of the Lok Sabha, the Rajya Sabha, State Assemblies, and Councils is needed to minimize disruptions in the House.
• Questioning the Prime Minister: In the Indian Parliament, Question Hour and Zero Hour often lead to disruptions instead of fostering debate.
  • In the UK,  the Prime Minister responds to MPs’ questions weekly, leading to fewer disruptions and more spirited debates.
  • Thus, the UK practice of posing questions to the Prime Minister within the Lok Sabha and Rajya Sabha rules can be adopted.
• Parliamentary Disruptions Index (PDI): It can be used for a “naming and shaming” approach aligning with norms prevalent in the UK Parliament. .
• The names of MPs with the highest PDI values can be shared weekly in the media. 
  • The widespread dissemination of such information could negatively impact MPs’ public image, potentially restraining them from further disruptions.
• Productivity Meter: It should be created to account for the number of hours wasted on disruptions and adjournments and monitor the productivity of the day-to-day working of both Houses of Parliament. 
• Inner Party Democracy:  The parties need to be held accountable for their obligations under various laws, rules, as well as their own constitutions, including incorporating natural justice rules in the process of expulsion of party members. 

Conclusion:

• The legislative decline not only undermines constitutional obligations but also poses a threat to democratic structures and values.