Critically analyse the functioning of parliamentary democracy in India

 

Critically analyse the functioning of parliamentary democracy in India. Our constitution provides for parliamentary form of government. We have borrowed the constitutional features of several democratic countries. But our parliamentary model is predominantly based on the British system. The Head of Government in our system, the Prime Minister, can hold office only so long as he commands the confidence of the Lok Sabha. Confidence of the House is reflected in existence/continuance of majority support - whether it be of a single party or of a coalition of parties. This feature can, and does, cause instability in governance. Critically analyse the functioning of parliamentary democracy in India.

In Presidential democracies, the Head of Government, the President is directly elected by the people and cannot be removed from office except in circumstances of high crimes and misdemeanour established through impeachment process. Critically analyse the functioning of parliamentary democracy in India. Hence, Presidential democracies provide stable governance. In our parliamentary system, we have had changes of government through mid term elections or political realignments. Changes in government undoubtedly bring about disruptions in implementation of policies, development programmes and schemes. Critically analyse the functioning of parliamentary democracy in India.

Head of Government to be from the House of the People

Under Article 75 of the Constitution, the Prime Minister is appointed by the President and the other Ministers are appointed by the President on the advice of the Prime Minister. The Council of Ministers including the Prime Minister are collectively responsible to the Lok Sabha. Often our Prime Ministers are not from the Lok Sabha but from the Rajya Sabha.

His responsibility being to the Lok Sabha, it is desirable that the Prime Minister is drawn from the Lok Sabha.

Multi Party System

For a long time now, governance through coalition arrangements has more or less become the order of the day in the multi party system that we follow. In the current (15th) Lok Sabha, forty political parties have their presence. As of now, the present UPA II Coalition consists of 11 parties and is supported from outside by 9 parties. Running the government by coalition formations like this is like running a handicapped race. Critically analyse the functioning of parliamentary democracy in India.

The government gets to be hamstrung in taking effective policy/reform measures. Coalition partners have their regional, local and ideological agendas which they are often unable to harmonize with the overall coalition programmes. Critically analyse the functioning of parliamentary democracy in India. While the Government tries to ventilate its helplessness by referring to "coalition compulsions," the constituent partners complain of violation of "coalition dharma" by the government in not reaching out to them. Critically analyse the functioning of parliamentary democracy in India. 

Critically analyse the functioning of parliamentary democracy in India. There needs to be effective and meaningful efforts on the part of ruling coalitions at what late Prime Minister V.P Singh characterized as "management of contradictions". This is feasible only if coordination mechanisms are perfected and made functional by ruling coalitions.

Federalism

Our polity is a Union of States. Our administration is decentralized. Sharing of powers is constitutionally provided for and mandated. Rising up to local aspirations, since original States Reorganization, several new States have been created. Critically analyse the functioning of parliamentary democracy in India. In my experience, parliamentarians and constitutional authorities of other countries have marvelled about our finely balanced Centre State relationship. Our political leaders owe it to our people not to disrupt this balance. Of late, especially with the rise of the regional parties, jurisdictional questions are being increasingly raised on grounds of federalism.

Critically analyse the functioning of parliamentary democracy in India. Examples are jurisdictional debates in the context of Lok Pal Bill and creation of National Counter Terrorism Centre (NCTC). On issues of national importance, National and State level leaders and parties need to carefully harmonize their respective concerns in a non partisan manner. This would be feasible only if National and State governments reach out to each other for consensus building.

Money and Muscle Power in Elections

Money power plays a significant role in our elections. Of course, the Election Commission does try to keep vigil through its expense monitoring mechanisms against efforts at mobilizing votes for money. That by no means can be considered to be adequate. At least the public perception is that the election expenses incurred by candidates are several multiples of the expenditure ceilings officially fixed.

Even as ceilings have to be reviewed and revised, making them more realistic and consistent with ground realities, statutory regulations in respect of their breach should be made stringent and deterrent.

Criminalization of politics caused by the nexus between bureaucracy, political players and criminals has been a subject matter for public debates over several years. But the problem persists. Candidates having criminal background do enter legislative bodies.

This is because parties, cutting across the political spectrum, give seats to candidates on ground of their so called "winnability." It is for the political parties themselves to set up standards regarding clean candidature policy. Critically analyse the functioning of parliamentary democracy in India.

Of course, electoral contestants are now making declarations regarding their criminal antecedents, if any, as well as their assets in affidavits filed by them while filing nomination papers. At present, this is being done by them based on Supreme Court Ruling. Critically analyse the functioning of parliamentary democracy in India. It is desirable to have clear statutory provisions regarding mandatory declarations. Such provisions should also stipulate appropriate sanctions against non disclosure of full information. Critically analyse the functioning of parliamentary democracy in India.

Inner Party Democracy

Choice of candidates by political parties for electoral contests is not necessarily driven by transparent inner party democratic processes. Often, it is the Party High Command which has the ultimate say in choice of candidates. Political parties need to introspect on the "High Command Culture".

Representation

The system of election that we follow in our country is the "first past the post system." That is, among various contesting candidates, whoever gets the highest number of validly polled votes is declared elected. This results in candidates who do not necessarily get the majority (more than 50%) of valid votes getting qualified for seats in the legislative bodies. This also results in political parties having seats in the legislative bodies disproportionate to the popular votes polled by them in electoral contests.

Critically analyse the functioning of parliamentary democracy in India. The merit of the "first past the post system" is that in our country of a billion people, we can conduct elections without complicated procedures inherent in proportional system of representation. The latter system also results in multiplicity of parties in the legislative bodies.

Rules of Order in the Houses

Critically analyse the functioning of parliamentary democracy in India. The Rules of Procedure for the Conduct of Business of the Houses do contain elaborate provisions concerning orderliness in business transaction. These provisions are more often observed only in their breach. Critically analyse the functioning of parliamentary democracy in India. 

• Members drown one another in their noisy demands, projecting issues outside the agenda;

• demand suspension of the Question Hour;

• do cross talking;

• don't comply with the instructions of the Chair;

• repeat arguments in debates, not having done home work on the subjects of debates;

• often force adjournment of the Houses from hour to hour, day to day;

• boycott Ministers;

• pass budgets hurriedly without serious debates, cause guillotining important demands for grants

Critically analyse the functioning of parliamentary democracy in India. In the process what suffers is the performance of the parliament in holding the government to account. The people are seriously concerned with chaotic parliamentary proceedings. Of course, the Presiding Officers can discipline the Members. But they rarely exercise their disciplinary powers in the interests of patiently getting the business through.

Ultimately, it is for the parliamentary parties to ensure the orderly conduct of their Members. Either the writ of these parties does not run among its Members or they passively allow the members to create chaos on partisan considerations. The parties should introspect on this matter.

Constructive Opposition

The Opposition necessarily has to play the role of vigilantly keeping the government on leash. But it has a very constructive role to play. Indeed, in the British parliamentary system, the senior leaders in the Opposition form "shadow cabinet" - to "shadow" each member of the government. It keeps government initiated laws and policies under scrutiny and offers alternative policies. Often, shadow cabinet members themselves become Ministers when the Opposition gets to form the government. Opposition unity and integrity is as important as unity and integrity of the ruling dispensation.

People of the country should not lose out in terms of delivery of services in a merry ground of cyclical partisan hostility between the ruling dispensation and the Opposition.

Law Making

Critically analyse the functioning of parliamentary democracy in India. Law making is the primary function of legislative bodies. In all parliaments, there are established procedures for making laws. By and large, these procedures concern initiation, introduction, general discussion, Committee scrutiny, public consultation, amendments, discussion in the plenary and voting leading to authentication by the President. We also have time honoured rules for legislation comparable to international standards. Of late, Civil Society Organizations have tended to become strident in regard to the manner in which they should be consulted in law making. Of course, these organizations can provide invaluable inputs based on their grass roots perception of people's aspirations. It is desirable that any public consultation including with Civil Society organizations is done within the framework of parliamentary procedures.

In representational democracies, it is the prerogative of the parliament to make laws on behalf of the sovereign people. We cannot allow law making to be delegated to the Civil Society with the result that it becomes something in the nature of collective bargaining. The simple reason is that there are lot many Civil Society Organizations and we should not tie ourselves down by complicated procedures. Nor do they have representative character. This apart, such organizations also may have their caprices and partisan orientations.

Laws touching, as they do, millions of people should be formulated without capricious and partisan orientations. Government, on their part, could study, and learn from, the experiences of other countries such as UK in perfecting pre-legislative scrutiny.

Critically analyse the functioning of parliamentary democracy in India

Integrity of Institutions

Ministers and civilian officers come and go. But institutions are there to stay. They are expected to provide important technical support in governance - in their respective areas of competence. Indeed they constitute the memory for, and continuance of - smooth governance.

Critically analyse the functioning of parliamentary democracy in India. The integrity of these institutions needs to be preserved and strengthened. An example of such institutions is the Comptroller and Auditor General (CAG). In all truly democratic countries, the supreme audit institution has constitutional status, autonomous and politically neutral. Our CAG also has constitutional status. He is appointed by the President. Before entering upon office he swears, inter alia, to perform duties of his office "without fear or favour, affection or ill will and uphold the Constitution and the laws". His duties and powers are as prescribed by law by the parliament.

It is very important that the office of the CAG, being a watch dog institution meant to provide objective professional support to the parliament in its financial oversight of the government is not dragged into controversies.

Right to Information (RTI)

Critically analyse the functioning of parliamentary democracy in India. The RTI law established by the parliament is an important landmark in the evolution of our system of governance into a transparent and accountable one. While the law finely and deeply enunciates Fundamental Rights, there are bound to be lot more efforts at seeking its further liberalization. This is because there are numerous items of information which are exempt from disclosure, apart from organizations altogether excluded from the ambit of the law.

The exempted items are likely to be ingenuously interpreted by the officialdom so as to negate the intent of the law. The enactment of the Right to Information Act should be seen not as the end of the movement for access to information, but rather the beginning. Critically analyse the functioning of parliamentary democracy in India.

Read Also:

Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy

Analyse the working of the federal system in India

Discuss how democracy and development are co-related to each other

BSW 121 Solved Assignment 2021-22

BSW 124 Solved Assignment 2021-22


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