“The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.

Understanding the Concepts

Parliamentary Supremacy: This doctrine asserts that Parliament has the right to make or unmake any law, and no body, including the judiciary, can question its validity. It’s rooted in the principle of popular sovereignty.

Cabinet System: Derived from the British system, it involves a council of ministers, collectively responsible to the Parliament, headed by the Prime Minister. The cabinet formulates policy, initiates legislation, and executes laws.

Historical Evolution & Shift in Power Dynamics

Initially, the Indian Parliament was envisioned as the primary law-making body, with the Cabinet acting as its servant. However, several factors contributed to a shift in power dynamics:

• Dominance of the Ruling Party: With a strong majority, the ruling party often controls the legislative agenda, reducing the scope for meaningful opposition and independent scrutiny.
• Rise of Party Discipline: Strict party whips ensure that MPs vote along party lines, diminishing the role of individual conscience and debate.
• Increasing Executive Control over Legislation: The Cabinet heavily influences the drafting and introduction of bills, leaving limited space for Parliament to significantly amend or reject them.
• Coalition Governments: The era of coalition governments (since 1989) has further strengthened the Cabinet’s position. Maintaining coalition stability often necessitates compromises that prioritize executive authority over parliamentary debate.

Manifestations of Cabinet Dominance

Legislative Process

The Cabinet exercises significant control over the legislative process. Most bills are introduced by the government, and the time allocated for debate is often limited. The use of ‘guillotine’ (cutting off debate) and ‘ways and means’ (related to financial bills) further restricts parliamentary scrutiny. For example, the passage of the Goods and Services Tax (GST) Constitution Amendment Bill in 2016, despite extensive debate, ultimately reflected the government’s agenda.

Financial Control

The executive’s control over the budget is substantial. While Parliament approves the budget, the government has considerable discretion in its allocation and expenditure. The Finance Bill, a crucial piece of legislation, is often passed with minimal debate.

Ordinances

The President’s power to promulgate ordinances (temporary laws) allows the government to bypass Parliament in urgent situations. However, the frequent use of ordinances, as seen during the UPA-II government, raises concerns about circumventing the legislative process. According to PRS Legislative Research, between 2004-2014, 439 ordinances were promulgated.

Committees & Scrutiny

While parliamentary committees play a crucial role in scrutinizing legislation, their effectiveness is often hampered by political considerations and limited resources. The government can also influence the composition of these committees.

Counterarguments & Limitations

It’s important to note that Parliament is not entirely powerless. It can still question the executive through debates, question hour, and parliamentary committees. Judicial review by the Supreme Court also acts as a check on executive power. However, these mechanisms are often insufficient to fully counterbalance the Cabinet’s dominance.