GPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Parliamentary System as Basic Structure in Diverse India

Why is the parliamentary system considered a part of the 'Basic Structure' of the Constitution in a highly diverse country like India? What political and parliamentary reforms are necessary within the existing framework? Discuss in detail.

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How to approach

Begin by contextualizing India's parliamentary democracy and its recognition as part of the Basic Structure doctrine. Then, elaborate on why this system is essential for managing diversity, accountability, and federal representation. Conclude with concrete political and parliamentary reforms required to strengthen its functioning.

Model answer

432 words

Introduction

India's parliamentary democracy, characterized by the fusion of executive and legislative powers under Articles 74 and 75 at the Centre and Articles 163 and 164 in the States, forms an integral pillar of the constitutional setup. Affirmed as part of the 'Basic Structure' in landmark rulings such as Kesavananda Bharati (1973) and S.R. Bommai (1994), this system was consciously chosen over the presidential model to suit India's profound sociocultural heterogeneity.

Why the Parliamentary System is Part of the 'Basic Structure' for Diverse India

  • Accommodation of Sociocultural Diversity: Unlike the presidential system's winner-takes-all executive, parliamentary democracy accommodates coalition governance and multi-party representation. It creates structural space for regional parties, linguistic groups, and minority interests to participate directly in executive decision-making.
  • Accountability Over Stability: As Dr. B.R. Ambedkar noted in the Constituent Assembly, a democratic executive must balance stability and daily responsibility. Continuous legislative oversight via Question Hour, zero-hour discussions, and No-Confidence Motions ensures that the government remains accountable to diverse constituencies and prevents majoritarian authoritarianism.
  • Sustaining Federal Representation: The bicameral parliamentary architecture incorporates the Council of States (Rajya Sabha), ensuring that state-level interests and regional aspirations directly influence national lawmaking, thereby fostering cooperative federalism.

Necessary Political and Parliamentary Reforms

  • Strengthening Committee Scrutiny: Mandatory referral of critical and complex bills to Department-Related Standing Committees (DRSCs) is vital for institutional consensus. Legislative referral of bills declined steeply from 71% during the 15th Lok Sabha to just 16% in the 17th Lok Sabha, highlighting the urgent need to institutionalize comprehensive pre-legislative scrutiny.
  • Reforming the Anti-Defection Law: Under the Tenth Schedule, vesting disqualification powers in the Speaker often leads to perceived partisan delay or bias. Adopting the National Commission to Review the Working of the Constitution (NCRWC) recommendation to vest disqualification power in the President or Governor acting on the binding advice of the Election Commission would ensure impartiality.
  • Curbing 'Ordinance Raj': The invocation of executive lawmaking under Articles 123 and 213 should be strictly limited to genuine emergencies, adhering to the Supreme Court's mandate in the D.C. Wadhwa case to prevent bypassing legislative deliberation.
  • Mandating Minimum Sittings and Promoting Transparency: A statutory requirement should be instituted guaranteeing a minimum number of legislative sittings annually (e.g., 100 days). Furthermore, leveraging digital platforms such as the National e-Vidhan Application (NeVA)—successfully implemented by the Gujarat Legislative Assembly in 2023—can foster transparent, paperless, and accessible legislative governance.

Conclusion

The parliamentary model remains essential for safeguarding pluralism, regional equity, and democratic accountability across India. Executing targeted institutional reforms—from committee empowerment to neutral defection adjudications—will ensure that Parliament serves as a robust deliberative body rather than a formal endorsement chamber for the executive.

Key facts to remember

statistic

The proportion of bills referred to Department-Related Standing Committees dropped from 71% in the 15th Lok Sabha to only 16% in the 17th Lok Sabha.

PRS Legislative Research
case study
D.C. Wadhwa v. State of Bihar (1987)

The Supreme Court held that the re-promulgation of ordinances without placing them before the legislature is a subversion of the democratic process and an unconstitutional abuse of executive power.

scheme
National e-Vidhan Application (NeVA)

A Mission Mode Project under the Digital India Programme designed to transition state legislatures into paperless, digital assemblies, successfully implemented by the Gujarat Legislative Assembly in 2023.

Frequently asked questions

Why did India choose a parliamentary system over a presidential system?

The Constituent Assembly preferred the parliamentary system because it prioritizes daily accountability over executive stability, essential for accommodating India's vast linguistic, religious, and regional diversity.