Parliament’s Control Over Executive: Democratic Governance & Accountability

2 Dec 2023

Parliament’s Control Over Executive Overview  

Parliament’s Control Over Executive is a vital component of democratic governance, ensuring accountability and checks on the government’s actions. 

Parliament’s Control Over Executive: Strategic Mechanisms for Effective Governance and Accountability

  • Parliament exercises control over the executive branch of government in several ways, ensuring accountability and democratic oversight.
  • Parliamentary Privilege: Members of the legislature possess certain privileges, such as immunity from legal action for statements made within the legislature. 
    • Deciding Authority: The presiding officer of the legislature has the authority to address breaches of privilege, allowing members to express themselves and represent the people freely.
  • Deliberation and Discussion: During the law-making process, legislators debate and deliberate on executive policies and their implementation. 
    • This occurs through bill discussions and general debates in the House.
    • Parliament’s Control Over Executive by Accountability Instruments: Instruments like the Question Hour, Zero Hour, half-hour discussions, and adjournment motions enable members to hold the executive accountable.
  • Approval and Ratification of Laws: The Parliament has the authority to approve bills, and although a government has majority support in the House, it does not guarantee automatic approval of the Bill. 
    • Negotiations for Bill Passage: Intense negotiations among ruling and opposition parties often determine bill passage. 
    • Approval Required: Approval by both Lok Sabha and Rajya Sabha may be required, forcing concessions in cases where the government lacks a majority in either house.
  • Financial Control: The budgetary process allows the Parliament to control government spending. 
    • Financial Control: While the government usually enjoys majority support, the Parliament can examine fund allocation and probe fund misuse based on the Comptroller and Auditor General’s report
    • Budget Influence: Financial control also empowers the Parliament to influence government policies through budgetary decisions.
  • No-Confidence Motion: The no-confidence motion is a potent tool for ensuring executive accountability. 
    • If a government loses the support of its majority in the Lok Sabha, it can be compelled to resign. 

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Parliament’s Control Over Executive: Explain Role of Parliamentary Committees

  • Legislative Oversight: Parliamentary committees hold a significant role within the legislative process, contributing to both lawmaking and the everyday operations of the House. 
  • Session Constraints: Since Parliament sessions are limited in time, committees offer a means to examine matters thoroughly. 
  • Comprehensive Lawmaking: This is crucial for comprehensive lawmaking or addressing important tasks like evaluating ministries’ grant requests, scrutinizing departmental spending, and investigating corruption cases. 
  • Establishment: India established parliamentary standing committees in 1993, encompassing 24 department-specific committees currently. 
  • Departmental Spending: These standing committees supervise departments, their budgets, expenditures, and relevant bills within the House. 
  • Parliament’s Control Over Executive through Joint Parliamentary Committees (JPCs) – It holds prominence, serving to discuss bills or investigate financial irregularities. 
  • JPCs include members from both Houses of Parliament.

Parliament’s Control Over Executive: Defection 

It refers to a member being absent when required by the party, voting against party instructions, or voluntarily leaving the party membership

Parliament’s Control Over Executive: The Anti-Defection Law and its Impact on Regulating Member Behavior

  • Regulating Behavior: An important method of regulating member behavior is the anti-defection law. 
  • Parliament’s control Over Executive Legislative Agreement: To prevent legislators from switching parties after the election, an agreement was reached among parties post-independence. 
  • Amendment Acts: This led to the 52nd Amendment Act in 1985, known as the Anti-Defection Amendment, subsequently modified by the 91st Amendment. 
  • Presiding Officer: The Presiding Officer of the House makes final decisions on such cases of defection and may lead to disqualification of members

 Conclusion

  • On account of its composition, the Legislature is the most representative of all organs of the government. 
    • The sheer presence of members of diverse social backgrounds makes the legislatures more representative and potentially more responsive to people’s expectations. 
    • In a parliamentary democracy, Parliament’s Control Over Executive positions the legislature, the legislature, as a body representing the wishes of the people, occupies a high position of power and responsibility.
    • Herein lies the democratic potential of the Parliament.

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