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UPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Role of Private Member Bills and Parliamentary Efficacy

Explain the role of Private Member bill in reducing role of MPs

Explain~250 words2 min readmedium
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How to approach

The answer should begin by highlighting the decline of non-ministerial legislation and parliamentary efficacy. Then, it should distinguish between parliamentary suspension and disqualification under the anti-defection law. Finally, it should analyze the impact on legislative scrutiny and provide way forward recommendations such as NCRWC and Law Commission suggestions.

Model answer

212 words

Introduction

Parliament's deliberative efficacy is facing severe scrutiny, highlighted by the historic mass suspension of 146 MPs during the 2023 Winter Session and the marginalization of non-ministerial legislation. This trend diminishes the active role of individual Members of Parliament in shaping legislative outcomes.

Suspension vs. Anti-Defection

  • Legal Basis: Suspension is procedural under Rules 373, 374, and 374A of the Lok Sabha for maintaining house order. Disqualification is constitutional under Article 102(2) and the 10th Schedule to curb political defection.
  • Nature & Authority: Suspension is a temporary disciplinary measure by the Presiding Officer. Anti-defection permanently strips membership for the term, decided by the Speaker subject to judicial review as per the Kihoto Hollohan judgment.

Impact on Legislative Efficacy

  • Bypassing Scrutiny: Mass suspensions allow crucial legislation, such as the three new criminal law codes in 2023, to pass with minimal opposition debate, eroding executive accountability.
  • Stifling Legislative Initiative: Executive dominance has paralyzed Private Member Bills. Only 14 such bills have passed in Indian history, with none since 1970, limiting the entry of citizen-centric, non-partisan issues.

Conclusion

Strengthening parliamentary democracy requires institutional reforms and adherence to ethical codes of conduct. Implementing recommendations from the NCRWC and the Law Commission, such as dedicated opposition days and curbing partisan misuse of discretionary powers, will help restore Parliament's democratic sanctity.

Key facts to remember

definition
Private Member Bill

A bill introduced by a Member of Parliament who is not a minister, aimed at introducing independent legislation on public issues.

statistic

Only 14 Private Member Bills have been passed in the history of the Indian Parliament, with none enacted since 1970.

— Parliamentary Records
case study
Kihoto Hollohan v. Zachillhu (1992)

The Supreme Court judgment that upheld the constitutionality of the Tenth Schedule while ruling that the Speaker's decision on disqualification is subject to judicial review.

Frequently asked questions

Why have Private Member Bills failed to become law in recent decades?

Executive dominance over the legislative agenda, lack of adequate time allocated for non-government business, and strict party whips heavily constrain the passage of Private Member Bills.

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