Model Answer
0 min readIntroduction
Legislative control over administration is a cornerstone of parliamentary democracy, ensuring accountability and preventing executive overreach. It refers to the power of the legislature to oversee the actions of the executive branch, scrutinize its policies, and ensure efficient and lawful implementation. In India, this control is exercised through various mechanisms enshrined in the Constitution and parliamentary rules. However, despite these provisions, the effectiveness of legislative oversight is often debated. The increasing complexity of governance, coupled with political realities, has led to concerns that the legislature’s ability to effectively control the administration is not as robust as it should be.
Mechanisms of Legislative Control
The Indian Parliament employs several mechanisms to control the administration:
- Question Hour: MPs can question ministers about administrative matters.
- Parliamentary Committees: Standing committees (e.g., Public Accounts Committee, Estimates Committee) scrutinize government spending and policies.
- Budget Scrutiny: Parliament debates and approves the annual budget, providing an opportunity to examine government priorities.
- Debates and Discussions: Parliamentary debates on important issues hold the government accountable.
- Zero Hour & Adjournment Motion: These allow for raising urgent matters and potentially forcing government responses.
- Resolution Motion: Used to express Parliament’s opinion on a matter of public importance.
Limitations of Legislative Control
Political Dominance & Party Lines
One of the primary limitations is the increasing dominance of the executive, particularly in a system of parliamentary sovereignty. The ruling party, with its majority, often controls the legislative agenda and can stifle opposition attempts at scrutiny. Party whips ensure voting discipline, reducing the effectiveness of individual MP’s oversight. The 2023 debate surrounding the Delhi Services Bill exemplifies this, where the ruling coalition swiftly passed legislation despite opposition concerns.
Lack of Expertise & Time Constraints
Many MPs lack the specialized knowledge required to effectively scrutinize complex administrative decisions, particularly in areas like finance, technology, and international relations. Furthermore, the sheer volume of work and limited time available to parliamentary committees often hinders in-depth analysis. A 2019 report by PRS Legislative Research highlighted that many committee reports are delayed or remain unimplemented due to these constraints.
Executive Influence on Committees
While committees are meant to be independent, the executive often exerts influence through the selection of committee members and the provision of information. The bureaucracy often controls the flow of information to committees, potentially shaping the narrative and limiting critical assessment.
Weak Enforcement Mechanisms
Even when irregularities are identified, the enforcement mechanisms are often weak. Parliamentary recommendations are not legally binding, and the executive is not obligated to implement them. The absence of strong penalties for non-compliance reduces the deterrent effect of legislative oversight.
Increasing Executive Legislation
The trend of increasing executive legislation through ordinances and delegated legislation bypasses the full scrutiny of Parliament. This reduces the legislature’s role in law-making and weakens its control over administrative actions. The use of ordinances has been criticized for undermining democratic principles.
Comparative Perspective
| Country | Legislative Control Mechanisms | Effectiveness |
|---|---|---|
| United Kingdom | Select Committees, Question Time, Budget Scrutiny | Generally considered strong, with committees having significant investigative powers. |
| United States | Congressional Committees, Oversight Hearings, Impeachment Power | Often highly partisan, but committees have substantial investigative and subpoena powers. |
| India | Parliamentary Committees, Question Hour, Budget Scrutiny | Moderately effective, hampered by political polarization and executive dominance. |
Strengthening Legislative Control
- Strengthening Committee System: Providing committees with more resources, independent research support, and greater access to information.
- Enhancing MP Expertise: Investing in training programs for MPs to improve their understanding of complex policy issues.
- Improving Enforcement Mechanisms: Making parliamentary recommendations more binding on the executive.
- Reducing Executive Legislation: Discouraging the use of ordinances and promoting greater parliamentary involvement in law-making.
- Promoting Transparency: Ensuring greater transparency in government decision-making and access to information for MPs and the public.
Conclusion
In conclusion, while India possesses a framework for legislative control over administration, its effectiveness is demonstrably limited by political realities, institutional weaknesses, and a growing executive dominance. Strengthening the committee system, enhancing MP expertise, and improving enforcement mechanisms are crucial steps towards ensuring greater accountability and upholding the principles of parliamentary democracy. A more robust legislative oversight is not merely a procedural matter but a fundamental requirement for good governance and protecting citizen rights.
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.