Answer:

Introduction        

Legislative efficiency refers to the effectiveness and speed of a legislative body in making laws and governance decisions. It involves timely decision-making, transparency, accountability, and collaboration to ensure the smooth and responsive functioning of the legislative process.

Recurrent disruptions in the Parliament impede its functioning, affecting the legislative process, and thus the ethos of democracy, as envisaged in the Indian Constitution. According to PRS Legislative Research, the 15th Lok Sabha (2009-14) lost 37% of its scheduled time to disruptions, while the 16th Lok Sabha (2014-19) lost 16%. The Rajya Sabha lost 36% and 32% of its scheduled time respectively in the same periods.

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Importance of Legislative Efficacy in a Democracy

• Foundational Pillar: Constitution, under Articles 245 to 255, underscores the legislative powers of the parliament. Eg: The passing of the GST Act, 2017 which amended multiple Articles including Article 279A, showcases Parliament’s role in significant reforms. 
• Reflects People’s Will: Parliament, as per Articles 80 and 81, represents the people. Its effective functioning ensures democratic values are upheld. Eg: The Right to Information Act, stemming from Article 19(1)(a) was a result of widespread demand and showcases how Parliament can reflect the will of the people. 
• Check and Balance: Article 75(3) mandates that the Council of Ministers is accountable to the Lok Sabha, emphasising Parliament’s role in executive oversight. Ex- During the last six years, over 60% of the Question Hour time has been lost due to disruptions.
• Social Repercussions: Parliament’s duty to secure justice and equality, as stated in the Preamble, can be hindered by disruptions. Eg: Delay in passage of The Muslim Women (Protection of Rights on Marriage) Act, 2019, aimed at ensuring gender justice, was a notable case where legislative disruptions had social ramifications.
• International Standing: Articles 246 and 253 empower Parliament in international treaty ratification. Eg: Ratifications of international agreements, like the WTO’S Trade facilitation Agreement  and Paris Agreement on climate change in 2016, enhance India’s global reputation, showcasing the importance of a functioning Parliament.
• Comprehensive Debate: Articles 107 and 108 discuss the procedure for bills, emphasising comprehensive debates. Eg: The debates around the Aadhaar Bill,2016 ensured it adhered to fundamental rights, showcasing the importance of thorough deliberations in Parliament.
• Financial Accountability: As per Article 112, Parliament’s role in budget scrutiny ensures fiscal responsibility. Eg: The Budget sessions in Parliament decide financial allocations and are crucial for fiscal accountability, as seen in the recent discussions regarding MGNREGA expenditures.

Reasons for Recurrent Parliamentary Disruptions in India 

• Discussion on matters of controversy: Some issues that are contentious or of public interest may trigger disruptions in Parliament. Eg: the Pegasus Project, the Citizenship Amendment Act, 2019, and the farm laws have been some of the causes of disruptions in recent sessions.
• Tool for evading responsibility: The government may benefit from disruptions as they can avoid answering questions or facing criticism from the opposition. Ex: – According to Vidhi Center for legal policy maximum number of disruptions have been found to take place in the Question Hour and the Zero Hour.
• Lack of dedicated time for unlisted discussion: There is no fixed time allocated for raising matters that are not listed for discussion in a particular session or day. This may lead to disruptions as the opposition parties try to raise such matters without prior notice or consent from the government or the presiding officer. 
• Scarce resort to disciplinary powers: The Presiding Officers have the power to suspend or expel members who engage in disorderly conduct but it is rarely used, which may embolden the members’ unruly behaviour. Ex– Since 2019, 49 MPs have been suspended from the house on disciplinary grounds in spite of so much disruption. 
• Lack of consensus among parties: The lack of dialogue and consultation among the political parties may lead to disagreements and conflicts over various issues. E.g.: there was no consensus among the parties on the passage of several bills, such as the Triple Talaq Bill, the National Medical Commission Bill etc. 
• Lack of parliamentary reforms: The Parliament has not undergone any significant reforms to improve its functioning. There is no fixed calendar for parliamentary sessions, no limit on adjournments, no mechanism for resolving deadlocks, and no incentive for better performance. 
• Lack of training and orientation for MPs: The MPs may not have adequate training or orientation on parliamentary procedures, rules, ethics, and etiquette. They may not be familiar with the role and functions of Parliament, its committees, its secretariat, and its relation with other institutions.

Way Ahead

• Strengthening Committee System: Using the committee system, provided under various rules of the Houses, more effectively can ensure in-depth scrutiny of bills. Eg: The NCRCW suggested that all bills, except money bills, should be referred to standing committees. 
• Code of Conduct: Formulating and adhering to a strict code can deter disruptions and align proceedings with democratic principles. Eg: The Ethics Committee of Rajya Sabha has drafted a code of conduct for its members, which is yet to be adopted by the House. 
• Consensus Building: Regular All-Party Meetings can preemptively address contentious issues. Eg: The NCRWC suggested that there should be regular consultations between the government and the opposition parties on important national issues¹.
• Increase Sitting Days: The average number of sitting days per year of Lok Sabha has declined from 127 days in the 1950s to 58 days now. Eg: NCRWC has recommended fixing the minimum number of working days for Lok Sabha and Rajya Sabha at 120 and 100 days respectively. 
• Technological Solutions: Modernising proceedings, like adopting e-Parliament initiatives, can streamline the process. Eg: The Parliament has introduced e-notice system, e-voting system, e-portal for committee reports, and e-office for paperless work.
• Enhancing Research Support: The Parliament has established the Lok Sabha Research Fellowship Scheme to encourage research on parliamentary themes. The 2nd ARC recommended that Parliament should set up an independent and professional research wing to assist MPs in their legislative and oversight functions.
• Public Awareness: Civil society and media can play a role in highlighting the cost of disruptions, reinforcing accountability. Eg- PRS Legislative Research tracks the functioning and performance of Parliament and disseminates its analysis to the public through its website and publications.
• Leadership Training: Training programs for MPs on parliamentary procedures and constitutional responsibilities can lead to more informed debates. Eg- NCRWC recommended that MPs should undergo compulsory training on parliamentary procedures before taking oath as members. 
• Incentives and Penalties: Instituting penalties for frequent disruptors and incentivizing smooth functioning can instil discipline.Eg- NCRWC recommended that there should be a system of incentives and disincentives for MPs based on their attendance, participation and conduct in Parliament.

Conclusion

Parliament is the temple of democracy, and its smooth functioning is paramount for the country’s growth, progress, and stability. While disagreements are inherent to democracy, finding constructive ways to channel these disagreements is the need of the hour. A combined effort by all stakeholders, keeping the nation’s interest at the forefront, is essential to enhance legislative efficacy. 

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