Dc Readers
Supplementary Study material for classroom program
Dc Readers
41
Classes by Dipin Damodaran and Chandan Mittal
13. PARLIAMENTARY PARALYSIS 1. What is the scenario? -Disruptions of the Parliament is becoming the a normal practice in India, and this increased in the last two decades. -The issue of greater significance when we analyse the time lost without able to conduct any debates or discussions. -Many a times the bills are passed with a minimum debate or no debate at all. -The logjam also hurts tax payer. -It also affect the image of the country 2. Lets examine some statistics! (a) The official statistics says that the proportion of time lost to disruption has been increasing in the last quarter of a century (b) It was just below 10% during the 10th Lok Sabha (1991-1996) and reached a record high of 40% during the 15th Lok Sabha (2009-2014) ( That was a time when Sessions were disrupted, following controversy over different scams, Eg 2G scam) (c) The number of sittings of Parliament has also declined from an average of 127 days in the 1950s to 71 in the 2000s 3. Is it a recent phenomenon; the answer is ‘No’ The disruptions and disorderly scenes in Parliament are not of recent origin. But it was rare feature during Nehru’s Prime ministership Some incidents: A) As far back as 1950s, the Preventive Detention (Amendment) Bill brought about disruption in House. B) In the third Lok Sabha, in 1963, when the Official Languages Bill was introduced, there were strong protests by some Opposition members C) But From the fourth Lok Sabha — the first without Nehru present in the House — walkouts and disruptive behaviour became more common D) When the Bofors scandal rocked the country in the late '80s, the Opposition boycotted both the Houses for about 45 days. Such disruptions became frequent since the 1970s, with a veteran journalist Inder Malhotra noting that “bedlam in both Houses has by now become a daily routine, rather than an exception to the rule.” 4. Here two important questions arises 1) First, are parliamentary disruptions unambiguously detrimental to democracy, or do they serve some function? 2) What institutional incentives work in favour of disruptions rather than debate? 5. what are the effects? 1) Disruptions undermine the democratic role of legislatures 2) Moreover it affect governance by the executive 3) Disruptions delay legislative business and gives very little time for quality debates 4) Disruptions also contribute to undermining the respect MPs ought to have in the eyes of the citizens 5) Wasting taxpayers money 6) Holding up important legislations; for Eg GST. It has taken over a decade to arrive at a consensus on GST and the stalling drew a sharp response from industry 6. Then why the MPs disrupt the Parliament? 1) Means to highlight matters of public interest 2) A way to express dissent Parliamentary disruptions have been defended by the opposition, now as well as in the past, as a means to counter arrogance of the ruling dispensation and even as an opportunity for legislators to express dissent At the core of the rise in disruptions is the belief among the parties and their legislators that their interest is better served by disruptions than debates
#8860211234. #100, opposite subway, Old Rajendra Nagar Market, New Delhi
Supplementary Study material for classroom program
Dc Readers
42
Classes by Dipin Damodaran and Chandan Mittal
3) Influence of Mass media & Publicity stunts Some politicians and commentators have attributed this trend to the penetration of the mass media in India since the 1990s and its changing character Newsworthiness of disruptions and unruly behaviour in the legislatures attracts media attention and keeps the party causing the disruptions in the limelight and gives it recognition. Contrariwise, participating in a debate requires investment in details of any proposed legislation or discussion, which, due to its dull nature, may not attract ready attention, except among parliamentary record keepers. 4) House Composition Over the years there is as change in the parliamentary culture. In the first decade of Parliament’s existence, there was a fair degree of homogeneity in the composition of the House, with many of the leading MPs having been schooled in the traditions of British parliamentary practice. Besides, the Congress’s formidable majority in the early years of Parliament meant that the Opposition never really had the numbers to seriously challenge the government The adherence to British parliamentary norms gradually broke down from the 1970s, which was also the time the Congress lost its dominance. This process was hastened in the late-1980s, which saw the establishment of coalition politics as well as new political forces 5) To Enforce accountability The disruption are also used as tool to enforce accountability. Over the last 25 years or so, disruptions have got a legitimacy which they lacked earlier. This has meant that national parties, along with the regional outfits have been guilty of disruptions at different times. 6) Anti Defection Law The other possible explanation for the rise in disruptions is the enactment of the anti-defection law in 1985, which allows parties to herd their members, weakens incentives of legislators to invest in developing their own viewpoints and express them freely as they cannot use their own stand on different issues to evolve or develop their own political careers. The effect of anti-defection law is not only manifest in disruptions or the nature of protest and dissent, but is also negative for intra-party democracy. The role of legislators has been reduced to merely instruments in the formation of government from the point of a party, because they are expected to follow the diktat of the party as far as legislative business is concerned. 7) No importance to Private member bills What is the difference between govt bills and Private member bills? Those introduced by the government through ministers are called government Bills, others are called private members’ Bills. In practice, only government Bills are passed into law. Only 14 private members’ Bills have been passed in India’s history, the last one in 1970 8) Inability to arrive consensus: it is important to accommodate to opposition’s views for a smooth functioning of the parliament 9) Absence of towering leaders: The absence of leadership, of the stature of Nehru or Vajpayee to resolve the disruptions. There were also incidents of personal attack 10) Using Question hour: Question Hour was used by Opposition parties to raise issues meant for Zero Hour and disrupt the House What is Question hour? The first hour of every sitting of Parliament is generally reserved for asking and answering of questions. What is Zero hour? The time immediately following the Question Hour has come to be known as "Zero Hour". It starts at around 12 noon (hence the name) and members can, with prior notice to the Speaker, raise issues of importance during this time. #8860211234. #100, opposite subway, Old Rajendra Nagar Market, New Delhi
Supplementary Study material for classroom program
Dc Readers
43
Classes by Dipin Damodaran and Chandan Mittal
Typically, discussions on important Bills, the Budget, and other issues of national importance take place from 2pm onwards.
11) Manifold Increase in Parties The increase in the number of political parties and the challenge of coalition politics since the 1980s has diversified demands and competing interests. During the years of one-party majority governments, house management was comparatively easy and primarily the task of the minister for parliamentary affairs 7. So the present govt is using some Counter measures! 1) Suspension of MPs The Speaker has the power, under Rule 374(A) of the general Rules of Procedure and Conduct of Business, to eject and suspend members who disrupt proceedings. During the monsoon session, the Lok Sabha Speaker, Sumitra Mahajan, did suspend 25 Congress MPs But such disciplinary action, as in the past when MPs have been suspended, often proves counter productive. In the current instance, it only served to unite the entire Opposition on its disruptive agenda. 2) Ordinance route: Under the Constitution, the power to make laws rests with the legislature. However, in cases when Parliament is not in session, and ‘immediate action’ is needed, the President can issue an ordinance. An ordinance is a law, and could introduce legislative changes The government should exercise the ordinance making power with utmost caution. It is in the nature of an emergency power and can be used only when Parliament is not in session and “immediate action” is required. Parliamentary process and democratic checks are circumvented when an ordinance is issued 3) Money bill route Money Bill refers to any legislative draft seeking Parliamentary approval for contributing or withdrawing money from the Consolidated Fund of India. Articles 110 deals with the definition of money bills The Constitution prescribe no need for the Rajya Sabha’s assent on such Bills. The upper house can discuss on such a Bill, but can not make any change. Moreover if it does not return such Bill within 14 days, the Bill is deemed to have been passed. Moreover if there are questions over whether a Bill is a Money Bill, the decision of the Lok Sabha Speaker will be final. Govt’s argument is that appropriation, expenditure, cut down in the expenditure all that is money bill. But the Opposition says it is a way to undermine Rajya Sabha 4) Delegated legislation/ subordinate legislation When parliament confers the law making power to the executive. ie The Parliament makes laws in a skeleton form and authorises the Executive to make detailed rules and regulations within the framework of the parent law #8860211234. #100, opposite subway, Old Rajendra Nagar Market, New Delhi
Supplementary Study material for classroom program
Dc Readers
44
Classes by Dipin Damodaran and Chandan Mittal
8. Way ahead: It is important to get legislative sanction when it is required for a reform. A) Working up a consensus with opposition on important bills B) Encourage public opinion C) safeguards such as joint-sessions A joint sitting of both the houses is held to resolve a deadlock between the two houses over the passage of a bill. Article 108 cites three grounds for joint sitting (i) if one house passes the bill and other house rejects it (ii) if one house passes but six months lapse without the other house passing it (iii) if one house passes the bill, but the other house passes it with certain amendments that the first house disagrees with and there is a deadlock The bill is passed by a simple majority of a joint sitting. Since the lower house (Lok Sabha) has more than twice the members of the upper house (Rajya Sabha), a group commanding a majority in the lower house of the Government of India can pass such a bill even if it was previously rejected by the upper house. So far, only three bills - the Dowry Prohibition Act, 1960, the Banking Service Commission Repeal Bill, 1977, and the Prevention of Terrorism Act, 2002 - have been passed at joint sessions D) E) F) G) H)
Revitalize legislative process Promote discussions and debates in the House Amend Anti Defection Act Give more importance to private member bills One proposal is that any motion or discussion has to be taken up if a certain number of MPs gives a written notice I) Guarantee some time for the opposition. The British Parliament allocates 20 days a year and the agenda is decided by the opposition J) Shifting of Question hour on the lines of Rajya sabha. Rajya Sabha shifted the Question hour from 11am to 12 noon. This paved the way for the Rajya Sabha to begin its proceedings with the 'Zero Hour'. K) Notice of introduction of a bill has to be given at least seven days before the bill is introduced and two days prior to introduction of a bill, it has to be circulated amongst members 9. Conclusion A parliamentary government is described as government by discussion. Therefore, by allowing for wider and more impactful participation in parliament, it is possible that some of the causes of disruptions would get addressed. Simultaneously, it may improve the quality of debates if members with more expertise on a given subject are allowed to speak
#8860211234. #100, opposite subway, Old Rajendra Nagar Market, New Delhi
Dc Readers
41
Classes by Dipin Damodaran and Chandan Mittal
13. PARLIAMENTARY PARALYSIS 1. What is the scenario? -Disruptions of the Parliament is becoming the a normal practice in India, and this increased in the last two decades. -The issue of greater significance when we analyse the time lost without able to conduct any debates or discussions. -Many a times the bills are passed with a minimum debate or no debate at all. -The logjam also hurts tax payer. -It also affect the image of the country 2. Lets examine some statistics! (a) The official statistics says that the proportion of time lost to disruption has been increasing in the last quarter of a century (b) It was just below 10% during the 10th Lok Sabha (1991-1996) and reached a record high of 40% during the 15th Lok Sabha (2009-2014) ( That was a time when Sessions were disrupted, following controversy over different scams, Eg 2G scam) (c) The number of sittings of Parliament has also declined from an average of 127 days in the 1950s to 71 in the 2000s 3. Is it a recent phenomenon; the answer is ‘No’ The disruptions and disorderly scenes in Parliament are not of recent origin. But it was rare feature during Nehru’s Prime ministership Some incidents: A) As far back as 1950s, the Preventive Detention (Amendment) Bill brought about disruption in House. B) In the third Lok Sabha, in 1963, when the Official Languages Bill was introduced, there were strong protests by some Opposition members C) But From the fourth Lok Sabha — the first without Nehru present in the House — walkouts and disruptive behaviour became more common D) When the Bofors scandal rocked the country in the late '80s, the Opposition boycotted both the Houses for about 45 days. Such disruptions became frequent since the 1970s, with a veteran journalist Inder Malhotra noting that “bedlam in both Houses has by now become a daily routine, rather than an exception to the rule.” 4. Here two important questions arises 1) First, are parliamentary disruptions unambiguously detrimental to democracy, or do they serve some function? 2) What institutional incentives work in favour of disruptions rather than debate? 5. what are the effects? 1) Disruptions undermine the democratic role of legislatures 2) Moreover it affect governance by the executive 3) Disruptions delay legislative business and gives very little time for quality debates 4) Disruptions also contribute to undermining the respect MPs ought to have in the eyes of the citizens 5) Wasting taxpayers money 6) Holding up important legislations; for Eg GST. It has taken over a decade to arrive at a consensus on GST and the stalling drew a sharp response from industry 6. Then why the MPs disrupt the Parliament? 1) Means to highlight matters of public interest 2) A way to express dissent Parliamentary disruptions have been defended by the opposition, now as well as in the past, as a means to counter arrogance of the ruling dispensation and even as an opportunity for legislators to express dissent At the core of the rise in disruptions is the belief among the parties and their legislators that their interest is better served by disruptions than debates
#8860211234. #100, opposite subway, Old Rajendra Nagar Market, New Delhi
Supplementary Study material for classroom program
Dc Readers
42
Classes by Dipin Damodaran and Chandan Mittal
3) Influence of Mass media & Publicity stunts Some politicians and commentators have attributed this trend to the penetration of the mass media in India since the 1990s and its changing character Newsworthiness of disruptions and unruly behaviour in the legislatures attracts media attention and keeps the party causing the disruptions in the limelight and gives it recognition. Contrariwise, participating in a debate requires investment in details of any proposed legislation or discussion, which, due to its dull nature, may not attract ready attention, except among parliamentary record keepers. 4) House Composition Over the years there is as change in the parliamentary culture. In the first decade of Parliament’s existence, there was a fair degree of homogeneity in the composition of the House, with many of the leading MPs having been schooled in the traditions of British parliamentary practice. Besides, the Congress’s formidable majority in the early years of Parliament meant that the Opposition never really had the numbers to seriously challenge the government The adherence to British parliamentary norms gradually broke down from the 1970s, which was also the time the Congress lost its dominance. This process was hastened in the late-1980s, which saw the establishment of coalition politics as well as new political forces 5) To Enforce accountability The disruption are also used as tool to enforce accountability. Over the last 25 years or so, disruptions have got a legitimacy which they lacked earlier. This has meant that national parties, along with the regional outfits have been guilty of disruptions at different times. 6) Anti Defection Law The other possible explanation for the rise in disruptions is the enactment of the anti-defection law in 1985, which allows parties to herd their members, weakens incentives of legislators to invest in developing their own viewpoints and express them freely as they cannot use their own stand on different issues to evolve or develop their own political careers. The effect of anti-defection law is not only manifest in disruptions or the nature of protest and dissent, but is also negative for intra-party democracy. The role of legislators has been reduced to merely instruments in the formation of government from the point of a party, because they are expected to follow the diktat of the party as far as legislative business is concerned. 7) No importance to Private member bills What is the difference between govt bills and Private member bills? Those introduced by the government through ministers are called government Bills, others are called private members’ Bills. In practice, only government Bills are passed into law. Only 14 private members’ Bills have been passed in India’s history, the last one in 1970 8) Inability to arrive consensus: it is important to accommodate to opposition’s views for a smooth functioning of the parliament 9) Absence of towering leaders: The absence of leadership, of the stature of Nehru or Vajpayee to resolve the disruptions. There were also incidents of personal attack 10) Using Question hour: Question Hour was used by Opposition parties to raise issues meant for Zero Hour and disrupt the House What is Question hour? The first hour of every sitting of Parliament is generally reserved for asking and answering of questions. What is Zero hour? The time immediately following the Question Hour has come to be known as "Zero Hour". It starts at around 12 noon (hence the name) and members can, with prior notice to the Speaker, raise issues of importance during this time. #8860211234. #100, opposite subway, Old Rajendra Nagar Market, New Delhi
Supplementary Study material for classroom program
Dc Readers
43
Classes by Dipin Damodaran and Chandan Mittal
Typically, discussions on important Bills, the Budget, and other issues of national importance take place from 2pm onwards.
11) Manifold Increase in Parties The increase in the number of political parties and the challenge of coalition politics since the 1980s has diversified demands and competing interests. During the years of one-party majority governments, house management was comparatively easy and primarily the task of the minister for parliamentary affairs 7. So the present govt is using some Counter measures! 1) Suspension of MPs The Speaker has the power, under Rule 374(A) of the general Rules of Procedure and Conduct of Business, to eject and suspend members who disrupt proceedings. During the monsoon session, the Lok Sabha Speaker, Sumitra Mahajan, did suspend 25 Congress MPs But such disciplinary action, as in the past when MPs have been suspended, often proves counter productive. In the current instance, it only served to unite the entire Opposition on its disruptive agenda. 2) Ordinance route: Under the Constitution, the power to make laws rests with the legislature. However, in cases when Parliament is not in session, and ‘immediate action’ is needed, the President can issue an ordinance. An ordinance is a law, and could introduce legislative changes The government should exercise the ordinance making power with utmost caution. It is in the nature of an emergency power and can be used only when Parliament is not in session and “immediate action” is required. Parliamentary process and democratic checks are circumvented when an ordinance is issued 3) Money bill route Money Bill refers to any legislative draft seeking Parliamentary approval for contributing or withdrawing money from the Consolidated Fund of India. Articles 110 deals with the definition of money bills The Constitution prescribe no need for the Rajya Sabha’s assent on such Bills. The upper house can discuss on such a Bill, but can not make any change. Moreover if it does not return such Bill within 14 days, the Bill is deemed to have been passed. Moreover if there are questions over whether a Bill is a Money Bill, the decision of the Lok Sabha Speaker will be final. Govt’s argument is that appropriation, expenditure, cut down in the expenditure all that is money bill. But the Opposition says it is a way to undermine Rajya Sabha 4) Delegated legislation/ subordinate legislation When parliament confers the law making power to the executive. ie The Parliament makes laws in a skeleton form and authorises the Executive to make detailed rules and regulations within the framework of the parent law #8860211234. #100, opposite subway, Old Rajendra Nagar Market, New Delhi
Supplementary Study material for classroom program
Dc Readers
44
Classes by Dipin Damodaran and Chandan Mittal
8. Way ahead: It is important to get legislative sanction when it is required for a reform. A) Working up a consensus with opposition on important bills B) Encourage public opinion C) safeguards such as joint-sessions A joint sitting of both the houses is held to resolve a deadlock between the two houses over the passage of a bill. Article 108 cites three grounds for joint sitting (i) if one house passes the bill and other house rejects it (ii) if one house passes but six months lapse without the other house passing it (iii) if one house passes the bill, but the other house passes it with certain amendments that the first house disagrees with and there is a deadlock The bill is passed by a simple majority of a joint sitting. Since the lower house (Lok Sabha) has more than twice the members of the upper house (Rajya Sabha), a group commanding a majority in the lower house of the Government of India can pass such a bill even if it was previously rejected by the upper house. So far, only three bills - the Dowry Prohibition Act, 1960, the Banking Service Commission Repeal Bill, 1977, and the Prevention of Terrorism Act, 2002 - have been passed at joint sessions D) E) F) G) H)
Revitalize legislative process Promote discussions and debates in the House Amend Anti Defection Act Give more importance to private member bills One proposal is that any motion or discussion has to be taken up if a certain number of MPs gives a written notice I) Guarantee some time for the opposition. The British Parliament allocates 20 days a year and the agenda is decided by the opposition J) Shifting of Question hour on the lines of Rajya sabha. Rajya Sabha shifted the Question hour from 11am to 12 noon. This paved the way for the Rajya Sabha to begin its proceedings with the 'Zero Hour'. K) Notice of introduction of a bill has to be given at least seven days before the bill is introduced and two days prior to introduction of a bill, it has to be circulated amongst members 9. Conclusion A parliamentary government is described as government by discussion. Therefore, by allowing for wider and more impactful participation in parliament, it is possible that some of the causes of disruptions would get addressed. Simultaneously, it may improve the quality of debates if members with more expertise on a given subject are allowed to speak
#8860211234. #100, opposite subway, Old Rajendra Nagar Market, New Delhi
