Parliamentary System - M Laxmikanth Indian Polity Book Notes - Part II

Parliamentary System - M Laxmikanth Polity Book Notes - Part II

Read the comprehensive notes of "Parliamentary System" from the book "Indian Polity" written by M Laxmikanth (Part II)

Comparison Between Parliamentary and Presidential Systems

To understand India’s choice of the parliamentary system, it is crucial to compare it with the presidential system:

1. Fusion of Powers vs Separation of Powers

• In the parliamentary system, the legislative and executive branches are interdependent, ensuring coordination.
• The presidential system, on the other hand, adheres to the doctrine of separation of powers, with the executive functioning independently of the legislature.

2. Dual Executive vs Single Executive

• The parliamentary system has a dual executive: a nominal head (President) and a real executive (Prime Minister).
• In the presidential system, the President is both the head of state and the head of government, wielding significant powers.

3. Accountability

• In the parliamentary system, the executive is collectively responsible to the legislature.
• The presidential system emphasizes individual accountability, where the President is not directly answerable to the legislature during their tenure.

4. Stability vs Flexibility

• The presidential system offers greater stability, as the President enjoys a fixed tenure.
• The parliamentary system, while more flexible, is prone to instability, particularly in coalition governments.

5. Representation of Diverse Interests

• The parliamentary system facilitates wider representation in governance through collective decision-making in the Council of Ministers.
• The presidential system centralizes power, potentially limiting diversity in executive representation.

Role of the President in the Parliamentary System

India’s President is the constitutional head of the state and plays a significant role in the parliamentary framework. However, their functions are largely ceremonial and bound by the aid and advice of the Council of Ministers.

1. Executive Powers

• All executive actions are taken in the President’s name, but decisions are made on the advice of the Council of Ministers.
• They appoint the Prime Minister and other ministers, judges of the Supreme Court and High Courts, governors, and other key officials.

2. Legislative Powers

• The President summons, prorogues, and dissolves the Parliament.
• They give assent to bills or return them for reconsideration (except Money Bills).
• In case of an ordinance under Article 123, the President legislates temporarily when Parliament is not in session.

3. Emergency Powers

During a national emergency, the President assumes extensive powers, including legislative powers over state subjects.

4. Discretionary Powers

While largely a ceremonial role, the President may exercise discretion in specific scenarios, such as:

• When no party secures a majority after a general election.
• In dismissing a government that has lost majority support but refuses to resign

Challenges of the Parliamentary System in India

While the parliamentary system aligns with India’s diversity and democratic ethos, it faces several challenges:

1. Frequent Instability in Coalitions

• Coalition governments are prone to instability, with alliances often breaking over ideological or political differences.
• This leads to mid-term elections, frequent changes in leadership, and policy inconsistencies.

2. Dominance of the Cabinet

When the ruling party has a significant majority, the Cabinet may dominate parliamentary proceedings, reducing the effectiveness of legislative checks.

3. Inefficiency Due to Political Fragmentation

The rise of regional parties has fragmented the political landscape, often leading to legislative delays and diluted policies.

4. Misuse of Instruments like Ordinances

Governments have frequently resorted to issuing ordinances, bypassing parliamentary debates, thus undermining democratic processes.

5. Decline in the Quality of Debates

Disruptions in Parliament and an increasing focus on party politics over policy discussions have diminished the quality of parliamentary debates

Steps to Strengthen the Parliamentary System

To address the challenges and enhance the effectiveness of the parliamentary system, certain reforms are essential:

1. Electoral Reforms

• Strengthening anti-defection laws to prevent opportunistic alliances and frequent shifts in loyalty by legislators.
• Encouraging transparency in campaign funding and expenditure to reduce undue influence on elected representatives.

2. Enhancing Accountability

• Strengthening parliamentary committees to ensure detailed scrutiny of government policies and actions.
• Making Question Hour and Zero Hour more effective for real-time accountability.

3. Ensuring Stable Coalitions

Encouraging pre-poll alliances with a common minimum program to ensure smoother functioning of coalition governments.

4. Discouraging Ordinance Raj

Limiting the excessive use of ordinances by requiring stricter parliamentary scrutiny after promulgation.

5. Promoting Constructive Debates

Imposing penalties on members for disrupting parliamentary proceedings to foster a culture of meaningful discussion

Constitutional Provisions Supporting Parliamentary Democracy

Several provisions in the Indian Constitution uphold and reinforce the principles of parliamentary democracy:

1. Articles 74 and 75: Establish the relationship between the President and the Council of Ministers, ensuring the latter’s accountability to Parliament.

2. Articles 79 to 122: Detail the organization, functioning, and powers of the Indian Parliament.

3. Article 326: Provides for universal adult suffrage, making the electoral process inclusive.

4. Tenth Schedule: Prevents defection, ensuring political stability and discipline among legislators

Parliamentary Committees: The Pillars of Parliamentary System

Parliamentary committees are essential to the effective functioning of India’s parliamentary democracy.

1. Standing Committees

These are permanent committees, such as the Public Accounts Committee and Estimates Committee, which work year-round to examine government policies and accounts.

2. Ad Hoc Committees

Temporary committees, such as Select Committees and Joint Parliamentary Committees, are formed to address specific issues.

3. Departmentally Related Standing Committees (DRSCs)

Introduced in 1993, these committees scrutinize the functioning of individual ministries and propose policy recommendations.

Importance of Committees:

• They ensure in-depth deliberation and bipartisan consensus.
• Committees strengthen the accountability of the executive by examining budgets, policies, and reports in detail

The Role of the Opposition

The opposition plays a vital role in ensuring the vibrancy of India’s parliamentary democracy:

1. Providing Checks and Balances: By questioning and debating government policies, the opposition prevents arbitrary decision-making.

2. Shaping Public Opinion: The opposition highlights issues of public importance, influencing citizens’ perspectives and priorities.

3. Alternative Governance: Through shadow cabinets, the opposition prepares itself for governance by formulating alternative policies.

4. Ensuring Accountability: The opposition uses parliamentary instruments like Question Hour, Adjournment Motions, and Debates to scrutinize the executive.

Conclusion

India’s parliamentary system is integral to its democratic framework, ensuring representation, accountability, and adaptability. Despite challenges like instability and inefficiency, the system remains resilient due to its foundational principles and constitutional safeguards.

Strengthening parliamentary committees, enhancing the role of opposition, and promoting meaningful debates can further improve its effectiveness.

By adhering to the spirit of democracy, the parliamentary system in India can continue to serve as a robust mechanism for governance and citizen representation.