Role of Parliament in India: Functions, Challenges and the Path to Reform- (Part 02)

The Parliament of India plays a crucial multifunctional role in the nation’s governance, encompassing lawmaking, constitutional amendments, and overseeing the Executive. With powers ranging from judicial functions to financial oversight, it aims to ensure accountability and represent the people’s interests. However, various challenges hinder its effectiveness, necessitating reforms to enhance its functioning. This article explores the diverse roles of Parliament and the obstacles it faces in fulfilling its responsibilities.

Enhancing the Multifunctional Role of Parliament

Constituent Powers and Functions

• Authority to Modify the Constitution: The Parliament possesses the authority to modify the Constitution through the addition, alteration, or repeal of any provision. 
  • The majority of the Constitution can be amended by the Parliament with a special majority, requiring a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting in each House. 
• Simple Majority and Special Majority: Some provisions can be amended with a simple majority, meaning a majority of the members present and voting in each House of Parliament. 
  • A limited number of provisions necessitate a special majority from the Parliament and the consent of at least half of the State Legislatures, obtained through a simple majority.
• Exclusive Power of Initiation: It is important to note that the exclusive power to initiate the amendment process of the Constitution in all three cases lies with the Parliament and not the state legislature. 
  • However, there is a singular exception; the state legislature can pass a resolution requesting the Parliament to create or abolish the legislative council in the state. 
  • Following such a resolution, the Parliament enacts a law amending the Constitution accordingly.
• Summary of Amendment Processes: In summary, the Parliament can amend the Constitution in three ways: by simple majority, by special majority, and by special majority with the consent of half of all state legislatures. 
• Limitations of Parliamentary Power: The constitutional power of the Parliament is not unrestricted; it is subject to the ‘basic structure’ of the Constitution. 
  • In other words, the Parliament can amend any provision except the ‘basic features’ of the Constitution, as determined by the Supreme Court in the Kesavananda Bharati case (1973).

Judicial Powers and Functions

• The Parliament possesses judicial powers and functions, encompassing the ability to:
  • Initiate impeachment proceedings against the President for constitutional violations.
  • Remove the Vice-President from office.
  • Recommend the removal of judges, including the Chief Justice, from the Supreme Court and high courts, as well as the Chief Election Commissioner, State Election Commissioner, and Comptroller and Auditor General, to the President.
  • Impose sanctions on its members or external individuals for the violation of its privileges or contempt.

Electoral Powers and Functions  

• Role in Presidential Elections: The Parliament plays a role in the election of the President, in conjunction with the state legislative assemblies, and is responsible for electing the Vice-President. 
• Election of Parliamentary Leaders: The Lok Sabha conducts the election for its Speaker and Deputy Speaker, while the Rajya Sabha carries out the election for its Deputy Chairman.
• Legislative Authority on Election Rules: The Parliament is granted the authority to legislate on the rules governing elections for the positions of President and Vice-President, as well as for both Houses of Parliament and both Houses of state legislatures. 
• Enacted Election Laws: In line with this authority, Parliament has enacted various laws such as the Presidential and Vice-Presidential Elections Act (1952), the Representation of the People Act (1950), the Representation of the People Act (1951), and others.

Other Powers and Functions

• The Parliament possesses various powers and functions, including:

• Highest Deliberative Body: Serving as the highest deliberative body in the country, engaging in discussions on various issues of national and international significance.
• Approval of Emergencies: Granting approval for all three types of emergencies (national, state, and financial) declared by the President.
• Establishment of Legislative Councils: Having the authority to establish or abolish state legislative councils based on recommendations from the respective state legislative assemblies.
• Modification of State Boundaries: Exercising the capability to modify the area, boundaries, and names of states within the Indian Union.
• Regulation of Judicial Organization: Regulating the organization and jurisdiction of the Supreme Court and high courts, with the ability to establish a common high court for two or more states.

Ineffectiveness Of Parliamentary Oversight

• The efficacy of Parliamentary control over government and administration in India is more of a theoretical concept than a practical reality. 
  • Several factors contribute to the limited effectiveness of this control:
• Time and Expertise Constraints: The Parliament faces limitations in both time and expertise, making it difficult to effectively oversee the administration, which has grown in both volume and complexity.

• Technical Demands for Grants: The technical nature of demands for grants hinders Parliament’s financial control. 
• Parliamentarians often lack the necessary expertise in these matters, leading to an incomplete understanding of the financial implications.
• Executive Influence on Legislative Leadership: The Executive holds significant influence over legislative leadership, playing a crucial role in policy formulation. 
• This influence can undermine Parliament’s independence in overseeing the administration.
• Unwieldy Size of Parliament: The sheer size of Parliament makes it unwieldy and difficult to manage, affecting its overall effectiveness in carrying out its oversight responsibilities.
• Executive’s Majority Support: The Executive’s majority support in Parliament diminishes the likelihood of robust criticism and oversight. 
• This can lead to a lack of accountability and hinder effective parliamentary control.
• Post-Expenditure Examination by Financial Committees: Financial committees, like the Public Accounts Committee, engage in post-expenditure examination, limiting their impact on pre-emptive financial control. 
• This reactive approach may not be sufficient to prevent financial irregularities.
• Guillotine Procedure Restricts Financial Control: The increased use of the ‘guillotine’ procedure narrows the scope of financial control. 
• This procedural shortcut limits Parliament’s ability to scrutinize financial matters thoroughly.
• Delegated Legislation Enhances Bureaucratic Powers: The prevalence of ‘delegated legislation’ reduces Parliament’s role in detailed lawmaking, enhancing bureaucratic powers. 
• This can lead to a concentration of power in the hands of the Executive.
• Frequent Presidential Ordinances Dilute Legislative Power: Frequent ordinances issued by the President dilute the legislative power of Parliament. 
• This undermines Parliament’s primary role in lawmaking.
• Sporadic and General Parliamentary Control: Parliamentary control is sporadic, primarily general, and often takes on a political nature. 
• This focus on political maneuvering may detract from effective oversight of the administration.
• Absence of Robust Opposition and Parliamentary Misconduct: The absence of a robust and consistent opposition, coupled with setbacks in Parliamentary behavior and ethics, further contributes to the ineffectiveness of legislative control over administration in India.

Suggestions To Improve The Functioning Of Parliament

Legislative Measures: Parliament (Enhancement of Productivity) Bill, 2017 should be taken up which seeks to fix the minimum number of days (100 days for Rajya Sabha) in which Parliament shall be in session.

• The National Commission to Review the Working of the Constitution (NCRWC) has also recommended the minimum number of working days to be 120 and 100 respectively for Lok sabha and Rajya Sabha.
• Performance Related Pay: There is also a call for linking salaries of legislators to their performance and attendance in Rajya Sabha.
• Stricter Rules of Procedure and conduct of business to deal with the unruly behavior – shouting, sloganeering of certain members so that time of the Rajya Sabha is not lost.

Conclusion

In summary, while Parliament holds significant powers and responsibilities in the Indian political system, its effectiveness is often compromised by various constraints. 

• Addressing these challenges through legislative reforms and stricter procedural rules can enhance its capacity to oversee the government and serve the public effectively. 
• Strengthening Parliament is essential for a more accountable and responsive democratic process in India.

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