UPSC MainsPUBLIC-ADMINISTRATION-PAPER-II201220 Marks
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Q11.

Parliament is an independent institution, not to be seen as an extension of government or of a party.' Elaborate.

How to Approach

This question requires a nuanced understanding of the constitutional framework and the practical functioning of the Indian Parliament. The answer should demonstrate an understanding of the separation of powers, the role of the ruling party, and the importance of parliamentary independence for a healthy democracy. Structure the answer by first defining parliamentary independence, then elaborating on how Parliament functions independently of the government and political parties, and finally, acknowledging potential areas of overlap and challenges. Use examples to illustrate your points.

Model Answer

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Introduction

Parliament, as the supreme legislative body, is envisioned as the cornerstone of India’s democratic structure. The concept of parliamentary independence stems from the principle of separation of powers, enshrined (though not rigidly) in the Constitution. It implies that Parliament should function autonomously, free from undue influence from the executive (government) or the dictates of any single political party. This independence is crucial for effective law-making, holding the executive accountable, and representing the diverse interests of the nation. Recent debates surrounding the passage of legislation, such as the farm laws (2020) and the revocation of Article 370 (2019), have highlighted the importance of ensuring Parliament’s independent functioning.

Defining Parliamentary Independence

Parliamentary independence isn’t absolute isolation. It signifies the ability of Parliament to exercise its constitutional functions – law-making, budget approval, executive oversight, and amendment of the Constitution – without being unduly controlled or dictated to by the government of the day or the ruling party. This independence is manifested in several ways:

Independence from the Executive (Government)

  • Constitutional Provisions: Articles 74 & 75 of the Constitution establish a parliamentary form of government, where the executive is collectively responsible to the Lok Sabha. However, this doesn’t imply executive control over Parliament. Parliament retains the power to remove the government through a vote of no-confidence.
  • Financial Control: The power of the purse rests with Parliament. The annual budget is debated, scrutinized, and approved by Parliament. This provides a significant check on executive spending and policy. The Estimates Committee and the Public Accounts Committee play a crucial role in this financial oversight.
  • Question Hour & Parliamentary Debates: Mechanisms like Question Hour, Zero Hour, and debates on important issues allow Parliamentarians to scrutinize government policies and actions. These forums provide opportunities to hold the executive accountable.
  • Committees: Various parliamentary committees (Standing Committees, Ad-hoc Committees) provide in-depth scrutiny of legislation and government policies, independent of direct executive control.

Independence from Political Parties

  • Speaker’s Role: The Speaker of the Lok Sabha is expected to remain neutral and impartial, upholding the dignity of the House and ensuring fair proceedings, even when their party is in power. The rulings of the Speaker are crucial in maintaining order and preventing the ruling party from dominating debates.
  • Parliamentary Procedure: Rules of Procedure and Conduct of Business in Lok Sabha and Rajya Sabha are designed to ensure that all members have an opportunity to participate in debates and decision-making, regardless of party affiliation.
  • Opposition’s Role: A strong and effective opposition is vital for holding the government accountable and ensuring that diverse viewpoints are considered. The opposition plays a crucial role in scrutinizing legislation and raising concerns about government policies.
  • Voting Independence: While party whips exist, individual MPs are not always bound by them, particularly on issues of conscience or local importance. Instances of MPs voting against their party line demonstrate this independence.

Areas of Overlap and Challenges

Despite the safeguards, challenges to parliamentary independence exist:

  • Party Discipline: Strong party discipline can sometimes stifle independent thought and debate within Parliament. MPs may be reluctant to deviate from the party line for fear of repercussions.
  • Executive Dominance: The executive, particularly when enjoying a comfortable majority, can exert significant influence over the legislative agenda and the passage of bills.
  • Disruptions & Deadlocks: Frequent disruptions and deadlocks in Parliament can hinder its ability to function effectively and hold the executive accountable.
  • Ordinances: The government’s frequent use of ordinances (promulgation of laws without parliamentary debate) can bypass the legislative process and undermine parliamentary sovereignty.
Feature Demonstrates Independence Potential Challenge
Financial Control Parliament approves the budget, scrutinizing executive spending. Executive can influence budget priorities through pre-budget discussions.
Speaker’s Role Speaker is expected to be impartial and uphold parliamentary rules. Speaker’s party affiliation can create perceptions of bias.
Committee System Committees provide in-depth scrutiny of legislation and policies. Executive can influence committee membership and access to information.

Conclusion

Parliamentary independence is not merely a procedural requirement but a fundamental pillar of India’s democratic governance. While the system incorporates mechanisms to ensure this independence, challenges related to party discipline, executive dominance, and disruptions persist. Strengthening parliamentary committees, promoting greater transparency in legislative processes, and fostering a culture of constructive debate are crucial steps towards reinforcing Parliament’s role as an independent and effective institution, truly representing the will of the people and not merely an extension of the government or a political party.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Separation of Powers
The principle of separation of powers divides governmental authority among the legislative, executive, and judicial branches, each with distinct responsibilities to prevent any one branch from becoming too powerful.
Collective Responsibility
The principle of collective responsibility means that the Council of Ministers is collectively responsible to the Lok Sabha. This implies that the government remains in power only as long as it enjoys the confidence of the lower house.

Key Statistics

According to PRS Legislative Research (as of November 2023), the average sitting time of the Lok Sabha has been declining over the years. In 2019, it sat for 33 days, compared to 66 days in 1989.

Source: PRS Legislative Research

According to a 2022 report by the Association for Democratic Reforms (ADR), the average attendance of MPs in the Lok Sabha has been around 79%.

Source: Association for Democratic Reforms (ADR)

Examples

The Impeachment of a Judge

The process of impeachment of a judge of the Supreme Court or High Court, as outlined in Article 124(4) of the Constitution, demonstrates Parliament’s independence from the judiciary and executive. It requires a special majority in both Houses of Parliament, showcasing its power to hold even high constitutional functionaries accountable.

Frequently Asked Questions

What is the role of the Rajya Sabha in ensuring parliamentary independence?

The Rajya Sabha, as the upper house, provides a check on the Lok Sabha and ensures that legislation is thoroughly debated and scrutinized. It represents the states and safeguards their interests, preventing the dominance of any single region or political party. Its power to delay legislation and its role in constitutional amendments are crucial for maintaining parliamentary balance.

Topics Covered

PolityGovernanceParliamentLegislative ProcessPolitical System