Mains Practice Questions

Introduction:

Parliamentary oversight plays a vital role in representative democracy by ensuring that the executive remains accountable to the legislature.

• In India, this principle is constitutionally codified in Article 75(3), which mandates the collective responsibility of the Council of Ministers to the Lok Sabha.
• However, recent trends indicate a "hollowing out" of these accountability mechanisms, shifting Parliament from a deliberative body to arguably a notice board for government decisions.

Body:

Instruments of Parliamentary Oversight

Parliament uses various tools to scrutinize the executive across different stages of governance:

Causes for the Weakening of Oversight

• Decline in Parliament Sitting Days: Parliament's average annual sitting days fell to 55 in the 17th Lok Sabha from 135 in the first. In contrast, the UK House of Commons sits for ~150 days.
  • This leaves inadequate time for comprehensive debates on critical policies and legislation.
• Bypassing Parliamentary Committees: Departmentally Related Standing Committees (DRSCs) are the primary tools for detailed legislative scrutiny. The percentage of Bills referred to these committees has seen a sharp decline.
  • In the 17th Lok Sabha, only 16% of the Bills were referred to Standing Committees for Parliamentary scrutiny.
• Misuse of the "Money Bill" Route: Controversial bills have occasionally been passed as Money Bills (Article 110), which bypasses the scrutiny of the Rajya Sabha, thereby undermining the bicameral oversight mechanism.
• The Anti-Defection Law (10th Schedule): While intended to curb political defection, it has stifled intra-party dissent. MPs are bound by party whips even on routine bills, reducing them to mere headcount and diluting their individual ability to question the government.
• Frequent Disruptions and the "Guillotine": Increasing disruptions by the opposition often lead to the washing out of entire sessions.
  • Consequently, the government resorts to the "guillotine," passing the budget and critical bills without any debate.
  • For instance, Lok Sabha passed Rs 45 lakh crore Budget 2023-24 without debate (Guillotine closure), reducing the "power of the purse" to a formality.
• Over-reliance on Ordinances: Frequent use of the ordinance-making power (Article 123) bypasses the regular legislative process, presenting Parliament with a fait accompli rather than an opportunity for prior scrutiny.

Measures to Strengthen Legislative Scrutiny

• Mandatory Referral to DRSCs: Parliament Rules should be amended to make the routing of all major legislative bills through Standing Committees mandatory, with exceptions allowed only for extreme national emergencies.
• Fixing Minimum Sitting Days: The National Commission to Review the Working of the Constitution (NCRWC) recommended a minimum of 120 sitting days for the Lok Sabha and 100 days for the Rajya Sabha.
  • Institutionalizing a fixed parliamentary calendar can ensure sufficient time for oversight.
• Amending the Anti-Defection Law: The law should be restricted only to votes that determine the survival of the government (such as No-Confidence Motions or Money Bills).
  • On all other legislations, MPs should be allowed to vote according to their conscience and the interests of their constituents.
• Institutionalizing Pre-Legislative Scrutiny: The Pre-Legislative Consultation Policy (PLCP) of 2014 should be strictly enforced. Draft bills must be placed in the public domain for at least 30 days to invite public and expert feedback before introduction in Parliament.
• Strengthening the Role of the Opposition: Best practices such as dedicating specific days (Opposition Days) for the opposition to set the agenda, can be adopted to ensure rigorous executive questioning.
• Empowering the Rajya Sabha: Clear, objective guidelines and judicial oversight must be established regarding the Speaker's power to classify a bill as a Money Bill, ensuring the Upper House is not unfairly bypassed.

Conclusion

Dr. B.R. Ambedkar distinguished between "daily assessment" (Parliamentary oversight) and "periodic assessment" (Elections). While India has mastered the latter, the former is in crisis. Strengthening oversight is not about obstructing the government, but ensuring that policies are robust, consensus-based, and constitutionally sound. A "strong government" needs a "strong parliament" to remain democratic.