UPSC MainsPUBLIC-ADMINISTRATION-PAPER-II201610 Marks
Q14.

“Legislatures have become a place for infighting rather than for proper policy making.” Comment in the context of the working of State Governments.

How to Approach

This question requires a nuanced understanding of the functioning of state legislatures in India. The approach should involve acknowledging the ideal role of legislatures as policy-making bodies, then critically examining the extent to which infighting and disruptions hinder this role. The answer should discuss the causes of infighting (party dynamics, criminalization, etc.), its consequences (policy delays, quality of legislation), and potential remedies. A structure of Introduction, Causes of Infighting, Consequences for Policy Making, and Conclusion would be effective. Specific examples from different states will strengthen the answer.

Model Answer

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Introduction

The Indian legislative system, envisioned by the Constitution, is designed to be the cornerstone of democratic governance, responsible for enacting laws, overseeing the executive, and representing the interests of the people. However, in recent decades, state legislatures across India have increasingly been characterized by disruptions, protests, and intense infighting between political parties. This trend raises concerns about whether these institutions are fulfilling their intended purpose of effective policy-making or have devolved into arenas for political maneuvering and obstructionism. The 73rd and 74th Constitutional Amendment Acts (1992) aimed to strengthen local governance, but the state legislatures often remain central to policy initiation and implementation, making their effective functioning crucial.

Causes of Infighting in State Legislatures

Several factors contribute to the prevalence of infighting within state legislatures:

  • Party Dynamics & Coalition Politics: Many states are governed by coalition governments or have a fragile majority, leading to constant negotiations and power struggles between alliance partners. This often manifests as disruptions and demands for concessions.
  • Criminalization of Politics: The presence of legislators with criminal backgrounds (as per ADR reports) often leads to aggressive behavior and a disregard for parliamentary norms.
  • Lack of Ideological Clarity: A decline in strong ideological foundations within political parties can result in opportunistic alliances and a focus on short-term gains rather than long-term policy objectives.
  • Regionalism & Caste Politics: Strong regional and caste identities often overshadow broader policy concerns, leading to demands based on narrow interests and hindering consensus-building.
  • Disruptive Tactics as Strategy: Opposition parties frequently resort to disruptions (walkouts, dharnas, slogan shouting) as a tactic to stall proceedings, gain media attention, or extract concessions from the ruling government.
  • Weak Internal Party Democracy: Lack of internal democracy within parties often leads to dissent being expressed publicly in the legislature, rather than being resolved within the party structure.

Consequences for Policy Making

The constant infighting has significant repercussions for the quality and efficiency of policy-making:

  • Policy Delays: Frequent disruptions lead to the wastage of valuable legislative time, delaying the passage of important bills and hindering the government's ability to implement its agenda.
  • Poorly Drafted Legislation: In a rush to pass legislation before disruptions occur, proper scrutiny and debate are often compromised, resulting in poorly drafted laws with unintended consequences.
  • Reduced Accountability: Disruptions prevent effective questioning of the executive, reducing accountability and transparency in governance.
  • Erosion of Public Trust: The spectacle of constant infighting erodes public trust in the legislature and the democratic process.
  • Focus on Symbolic Issues: Legislatures often get bogged down in symbolic issues and non-essential debates, diverting attention from critical policy challenges.

Examples of Infighting & its Impact

Several states have witnessed instances of prolonged legislative disruptions:

  • West Bengal (2019-2023): Frequent disruptions over issues like the Narada scam and teacher recruitment irregularities led to significant legislative time being lost.
  • Karnataka (2018-2019): The political crisis leading to the fall of the JD(S)-Congress coalition government was largely played out in the legislature, with constant attempts at defections and counter-defections.
  • Maharashtra (2022-2023): The political turmoil following the Shiv Sena split and the formation of a new government involved extensive legislative maneuvering and disruptions.

Potential Remedies

Addressing this issue requires a multi-pronged approach:

  • Strengthening Party Discipline: Political parties need to enforce stricter discipline among their members and promote a culture of constructive engagement.
  • Electoral Reforms: Measures to curb criminalization of politics and promote transparency in political funding are essential.
  • Code of Conduct for Legislators: A formal code of conduct outlining acceptable behavior in the legislature could help to maintain decorum.
  • Increased Legislative Time: Allocating more time for legislative business and ensuring that disruptions are penalized could improve efficiency.
  • Strengthening Committee System: Empowering parliamentary committees to conduct thorough scrutiny of bills could reduce the need for hasty decisions.
  • Promoting Dialogue & Consensus-Building: Creating platforms for dialogue and consensus-building between political parties could foster a more collaborative environment.

Conclusion

While legislatures are inherently political spaces, the current level of infighting in many state governments is detrimental to effective policy-making and democratic governance. Addressing this requires a concerted effort from political parties, legislators, and civil society to promote a culture of constructive engagement, accountability, and respect for parliamentary norms. Strengthening internal party democracy, curbing criminalization, and enhancing legislative procedures are crucial steps towards restoring the legislatures’ role as effective engines of policy innovation and public welfare. The future of Indian democracy hinges on the ability of these institutions to function effectively and responsibly.

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

Legislature
A legislature is a deliberative assembly of persons legally invested with the authority to make laws.
Breach of Privilege
Breach of privilege refers to actions that obstruct or impede the functioning of the legislature or undermine its dignity. It can include disrupting proceedings, making defamatory statements about legislators, or refusing to comply with lawful orders.

Key Statistics

According to the Association for Democratic Reforms (ADR), in the 2019 Lok Sabha elections, 23% of the elected MPs had criminal cases pending against them.

Source: ADR Report, 2019

A study by PRS Legislative Research (2017) found that the average sitting time of state legislatures in India has been declining over the years, indicating a reduction in legislative activity.

Source: PRS Legislative Research, 2017

Examples

Kerala Legislative Assembly

Kerala is often cited as an example of a state legislature that generally maintains a higher level of decorum and productivity compared to many others, due to a strong tradition of political awareness and a relatively high level of education among its legislators.

Frequently Asked Questions

What is the role of the Speaker in maintaining order in the legislature?

The Speaker has the authority to maintain order in the House, regulate proceedings, and take disciplinary action against members who violate parliamentary norms. They can name members, suspend them, or even initiate breach of privilege proceedings.

Topics Covered

PolityGovernanceLegislative ProcessState PoliticsGovernance