Core Demand of the Question
- Discuss the challenges that frequent disruption in debates present to deliberative practice in legislatures.
- Suggestive measure to strengthen Debate culture in Indian legislatures.
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Answer
Introduction
Articles 107–111 and 196–200 empower legislatures to make laws, forming the core of representative democracy. In Kihoto Hollohan v. Zachillhu (1992), the Court upheld their role in public discourse. Yet disruptions persist, with the 18th Lok Sabha working only 29% of its time and State Assemblies averaging 20 days in 2024.
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Challenges in Deliberative Practices
- Frequent Disruptions and Adjournments: Disruptions stall proceedings, reduce productive time, and prevent comprehensive debate.
Eg: During the 18th Lok Sabha’s monsoon session, only 29% of Lok Sabha and 34% of Rajya Sabha time was utilized, with two-thirds lost to disruptions
- Passage of Bills Without Debate: Hasty passage undermines legislative scrutiny and weakens representative participation.
- Decline in Question Hour Functionality: Loss of Question Hour erodes executive accountability and diminishes legislative oversight.
Eg: In the 18th Lok Sabha, Only 8% starred questions answered in Lok Sabha and 5% in Rajya Sabha; on several days, no oral questions were answered.
- Partisanship in Parliamentary Committees: Committees, once deliberative platforms, have become partisan, reducing constructive output.
Eg: PRS Legislative Review 2024 noted increasing polarization affecting committee reports and functioning.
- Concentration of Power in Executive: Dominance of Prime Minister and Chief Ministers curtails legislative independence and debate.
- Vacancy of Deputy Speaker Positions: Absence of Deputy Speakers disrupts balanced representation and impartial management.
Eg: The Lok Sabha has not had a Deputy Speaker since June 2019 violating the spirit of Article 93, and eight Assemblies lack this position.
Measures to Strengthen Debate Culture
- Bipartisan Leadership in the House: Ensure Deputy Speaker post goes to the Opposition to create trust.
- Mandatory Minimum Sitting Days: Setting constitutional or statutory minimum sittings ensures time for debate and scrutiny.
Eg: According to NCRWC recommendation, State legislatures should sit for a minimum of 50–90 days annually depending on their size, while Rajya Sabha and Lok Sabha should meet at least 100 and 120 days, respectively.
- Strengthening Question Hour and Zero Hour: Ensures executive accountability and provides structured debate opportunities.
Eg: Mandating compulsory oral replies for a minimum percentage of starred questions.
- Revitalization of Parliamentary Committees: Making committees bipartisan and binding their recommendations to a formal response.
- Regulating Disruptions through Codes of Conduct: Clear rules with graduated penalties for disorderly behavior discourage repeated adjournments.
Eg: Rules under Article 118(1) empower Houses to set procedures, which can be strengthened with graded penalties for adjournment-triggering conduct.
- Promoting Pre-Legislative Consultation: Public and expert consultations reduce friction and foster informed debates.
- Digitization and Transparency Measures: Live tracking of debate participation and legislative performance enhances accountability.
Conclusion
Meaningful debate is the core of democracy, but frequent disruptions weaken it. Reviving debate culture needs systemic reforms, stronger committees, effective Question Hour, and dialogue between government and Opposition, guided by the 2nd ARC’s roadmap on legislative productivity and accountability.
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