Answer:

The growth of the cabinet system in India has significantly shifted power from Parliament to the temporary executive, often raising concerns about the erosion of parliamentary supremacy. Recent instances, such as the passing of key bills without extensive debate, reflect the growing dominance of the executive. For example, the 2020 Farm Laws were passed without thorough parliamentary scrutiny, raising questions about the weakening of Parliament’s role.

Growth of the Cabinet System and Marginalisation of Parliamentary Supremacy

• Concentration of Power: The cabinet system centralised decision-making authority within a small group of ministers, leading to a reduction in Parliament’s role in critical policymaking, undermining the principle of collective responsibility (Article 75 of the Constitution).
  For example: The 2015 Land Acquisition Ordinance bypassed Parliament, highlighting the growing executive dominance in decision-making without parliamentary involvement.
• Reduced Legislative Debate: The control exercised by the cabinet over the legislative agenda limits Parliament’s role in in-depth debates, undermining the essence of deliberative democracy protected by Article 107 of the Constitution.
  For example: The National Dental Commission Act, 2023 was passed with minimal debate, reducing the scope for democratic scrutiny.
• Executive Control Over Legislation: The dominance of the executive in legislative processes, reducing the scope for private members’ bills, curtails Parliament’s independence in initiating legislation.
  For instance: Since 1952, only 14 private member’s bills have become laws.
• Frequent Bypassing of Committees: Parliamentary Standing Committees, vital for scrutinising bills, are often bypassed, undermining Article 118, which allows Parliament to make rules regulating its procedures, including referring bills to committees.
  For example: The Citizenship Amendment Bill, 2019, bypassed the standing committee, reducing opportunities for in-depth review by Parliament.
• Ordinance Raj: The frequent issuance of ordinances by the executive under Article 123 undermines Parliament’s role in law-making, as ordinances are intended for emergencies.
  For example: The Government of National Capital Territory of Delhi (GNCTD Amendment) Ordinance, 2023 to “provide for a comprehensive scheme of administration of services.
• Reduced Parliamentary Sittings: The reduction in Parliament’s working days limits its oversight of the executive, conflicting with Article 85, which mandates regular sessions of Parliament to hold the executive accountable.
  For example: In 2020, Parliament sat for only 33 days, severely limiting opportunities for legislative debate and scrutiny, particularly during critical events like the COVID-19 pandemic.
• Budgetary Control: The executive’s increasing control over the budget, with limited debate in Parliament, undermines the intent of Article 112, which requires parliamentary approval of the annual budget, ensuring financial accountability.
  For instance: The 2024 interim budget saw large allocations passed with minimal parliamentary scrutiny, highlighting the dominance of the executive over fiscal decisions.

Role of Parliament Remains Significant

• Legislative Function: Despite the cabinet’s increasing dominance, Parliament retains its supreme legislative authority, allowing it to pass, amend, or repeal laws, ensuring a balance between executive actions and democratic checks.
  For example: The RTI (2005) and GST (2017) were passed after extensive parliamentary debate, demonstrating Parliament’s critical role in shaping national laws.
• Budget Approval: Parliament plays a key role in scrutinising and approving the national budget, under Article 265, which ensures that no tax shall be levied or collected without parliamentary approval, providing a key check on executive power.
  For example: The Parliamentary Budget Committee regularly reviews spending proposals, as seen during the examination of the COVID-19 relief packages, ensuring transparency in government expenditure.
• Question Hour: Through Question Hour, Parliament exercises its power under Article 105 to question and hold the executive accountable, ensuring transparency in governance.
  For example: The Pegasus spyware scandal was raised during Question Hour, holding the government accountable for privacy violations and misuse of surveillance.
• Parliamentary Committees: Parliamentary Standing Committees, established under the authority of Article 118, continue to scrutinise bills and executive actions, ensuring that laws are thoroughly examined before being passed.
  For example: The Consumer Protection Bill, 2019 was duly reviewed by the standing committee, reflecting Parliament’s role in maintaining legislative scrutiny.
• Impeachment Powers: Parliament retains the authority under Article 124(4) to impeach judges of the Supreme Court and under Article 61 to impeach the President, ensuring checks on constitutional functionaries and maintaining the balance of power.
  For example: The impeachment motion against Justice Soumitra Sen in 2011 was an exercise of Parliament’s oversight powers over the judiciary.
• No Confidence Motion: The power to pass a No Confidence Motion remains one of Parliament’s crucial tools to assess the performance of the executive, ensuring government accountability.
  For example: The 2018 No Confidence Motion against the Union government, though unsuccessful, showcased Parliament’s ability to challenge the executive’s policies and decisions.
• Oversight of Foreign Policy: Parliament’s ability to debate and scrutinise foreign policy decisions ensures that international actions are aligned with national interests and subject to democratic review.
  For example: The India-China border dispute in 2020 was widely debated in Parliament, ensuring transparency and accountability in foreign policy.

As Walter Bagehot remarked, “The cabinet system is a hyphen which joins, a buckle which fastens the legislative part of the state to the executive part.” While the cabinet’s role has expanded, a strong and active Parliament remains essential for maintaining democratic accountability and balance in governance, ensuring India’s democratic future is preserved.

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