As the Winter Session begins, concerns deepen over India’s shift from the intended Westminster balance to growing executive dominance, increasingly reducing Parliament to an approval body rather than a meaningful check on the government.

Decline of Legislative Authority

• Reduced Sitting Days: The First Lok Sabha (1952-57) met for an average of 135 days annually, whereas, the 17th Lok Sabha has sat for only about 55 days per year.
  • The sharp fall in parliamentary sitting days is a reflection of democratic decline.
• Cause of Decline of Legislatures: Anti Defection Law has fundamentally altered the character of our legislatures.

Anti-Defection Law and its Consequences

• Legal Instrument: The anti-defection law, originally designed to curb opportunistic floor-crossing, has evolved into a mechanism that suppresses dissent and individual judgement.
  • Instead of acting as representatives of their constituencies, MPs often function as subjects of the party whip, compelled to vote in accordance with party dictates.
• Impact on Fundamental Parliamentary Functions: This law undermines core democratic functions such as control over finances. 
  • Parliamentary approval of taxation and expenditure becomes mechanical rather than deliberative when voting is enforced under the threat of disqualification. 
• Recent Example: The expulsion of a member in the final phase of the 17th Lok Sabha illustrates how legislative independence is eroding.

Executive Dominance Over Parliamentary Process

• Narrative Shift: The ruling side recasts disruptions as a shared blame, but agenda-setting power gives the government primary responsibility. When debate requests are denied, disruption becomes the Opposition’s only tool.
• Erosion of Accountability Mechanisms: Frequent adjournments wipe out Question Hour and Zero Hour, weakening oversight. Major laws are sometimes cleared within minutes, leaving almost no space for debate or scrutiny.
• Weakening of Parliamentary Committees: Parliamentary Committees, often called the “workshops of democracy,” are frequently bypassed.
• Erosion of Impartiality: The Speaker/Chairman are constitutional, eminent posts that should be neutral arbitrators, but they often act as a “tool” to discipline opposition MPs.

Comparison With Westminster Evolution Abroad

• Foundational Principles: Historically, the system was designed so the Executive would remain subordinate to the Legislature.
  • Example: The Oxford Parliament of 1258 established that the executive must function under legislative supervision and that Parliament must meet regularly.
• Contemporary Global Practice: In the UK, the Prime Minister must answer difficult questions live in the House every week during Parliamentary Question Sessions.
  • In the US and UK, Committees are highly powerful, capable of summoning top officials and changing policy.
• Consequence: Parliament in India risks becoming a mere approval body, distancing itself from the vision of the Constitution’s framers. Yet, the decline can be reversed if democratic will is restored.

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Conclusion

India must reconsider the anti-defection law, reassert the government’s primary responsibility in enabling parliamentary functioning, and restore neutrality in constitutional offices. These reforms are vital to ensure that Parliament regains its voice and that the executive remains accountable to the people.

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