Decline of Indian Parliament- Explained Pointwise

The Indian Parliament, often referred to as the temple of democracy. It is the supreme legislative body of the country, embodying the democratic will of the people. It plays a crucial role in law-making (Article 79 to Article 122), holding the executive accountable, and reflecting diverse voices. As the cornerstone of Indian democracy, its health is vital for effective governance and representation.

What is the Current Status of the Indian Parliament Functioning?

1. Decline in Productivity: According to PRS Legislative Research, the 17th Lok Sabha (2019-2024) recorded a productivity rate of 47%, one of the lowest in recent history. The 2023 monsoon session saw only 18% productivity in the Lok Sabha and 28% in the Rajya Sabha, with significant time lost to disruptions.

2. Decline in Debates and Discussions: As per PRS-2023 the 2023 Budget session saw only 12 hours of debate compared to 123 hours in 1990. Key Bills are often passed with minimal discussion. In 17th Lok Sabha, 42% of Bills passed with less than 30 minutes of debate. E.g. The Farm Laws (2020) were passed in 7 minutes in Rajya Sabha without proper division.

3. Reduced Sitting Days: According to PRS-2023 parliament met an average of 70 days/year over the past decade, compared to 120-140 days in the 1950s. In contrast, the British Parliament sits for 150-170 days annually, and the U.S. Congress for 260 days.

4. Increased Use of Ordinances: Over 750 ordinances issued since 1950; 76 ordinances from 2014–2023 alone. E.g. Farm Ordinances (2020) bypassed pre-legislative scrutiny.

5. Erosion of Budget Scrutiny: In 2023, over 75% of Demand for Grants were passed without discussion. Only 11% of budget expenditure underwent detailed scrutiny.

6. Marginalization of the Opposition: 146 Opposition MPs suspended in a single session (2023) for demanding discussion on security breaches.

What are the Reasons for the Decline of the Indian Parliament?

1. Frequent Disruptions: Disruptions have become a norm, with the 17th Lok Sabha losing 40% of its time to protests and adjournments. 2023 monsoon session, Lok Sabha – 55%, Rajya Sabha – 60% time lost. The 2023 Winter Session saw repeated disruptions over issues like the Pegasus spyware scandal and farmers’ protests. Strategy used by opposition and ruling parties alike.

2. Lack of Bipartisanship: Rising political polarization has reduced the scope for consensus-building and constructive debates. The GST Bill 2016 is a rare example of bipartisan cooperation, but such instances are increasingly rare.

3. Decline of Parliamentary Committees: Committees scrutinize only ~25% of bills today vs. 60–70% in 1990s. Important bills like Unlawful Activities (Prevention) Amendment Act (2019) bypassed committees scrutiny. Parliamentary committees, such as the PAC and DSC, lack adequate resources and authority. The PAC’s 2022 report highlighted the non-implementation of its recommendations by the government.

4. Parliament Hollowed Out: Contentious laws like the J&K Reorganization Act and Citizenship Amendment Act (CAA) were pushed through with minimal debate.

5. Executive Overreach: The executive’s dominance in legislative affairs has reduced Parliament to a rubber stamp. Ordinance route, misuse of Money Bill provision (in Rojer Mathew v. South Indian Bank (2019), questioned the misuse of the Money Bill provision, e.g., Aadhaar Act, 2016), and weak enforcement of anti-defection law, curbs dissent and making MPs rubber stamps. Speaker’s position increasingly partisan (e.g., delayed decisions in disqualification cases – Keisham Meghachandra v. Speaker, Manipur, 2020).

6. Criminalization of Politics: According to the ADR-report, 46% of the candidates have criminal cases against them, and a striking 93% are crorepatis in 2024 Lok-Sabha. It Weakens credibility and moral authority of the House.

7. Lack of Research Support: Unlike the U.S. Congressional Research Service or the U.K. Parliamentary Research Service, Indian MPs lack access to independent research and analysis. The absence of a Parliamentary Budget Office (PBO) limits MPs’ ability to scrutinize fiscal policies effectively.

8. Judicial Activism Filling Legislative Vacuum: The Supreme Court, in Kalpana Mehta v. Union of India (2018), emphasized the need for greater parliamentary scrutiny of Bills. Sometimes it has overshadowed Parliament’s role, as seen in the NJAC case (2015).

9. Low Quality of Debates: Personal attacks, walkouts, sloganeering dominate. Reduction in intellectual contributions.

10. Lack of Institutional Reforms: The absence of reforms to modernize Parliament has contributed to its decline. For instance, the M.N. Venkatachaliah Committee (2002) recommended measures like limiting the number of ministers, but these remain unimplemented. The 2nd ARC also highlighted the need for strengthening parliamentary oversight, but its recommendations were ignored.

What are the Impacts of this Decline?

1. Democratic Backsliding: The decline in parliamentary oversight has eroded the checks and balances essential for a healthy democracy. The CAG’s 2021 report on the PM-CARES Fund highlighted the lack of parliamentary scrutiny over critical financial decisions.

2. Hasty and Poor-Quality Legislation: Hasty legislation leads to ambiguity and poor implementation (e.g., Farm Laws, GNCTD (Amendment) Act, 2021). Policy backtracking without legislative review (e.g., repeal of Farm Laws).

3. Loss of Public Trust: Lokniti-CSDS (2021); Only 27% fully trust Parliament (down from 49% in 2005). ADR (2023); 68% believe MPs do not represent citizens’ interests effectively.

4. Judicial Overreach and Legislative Paralysis: Judiciary increasingly setting policy direction in absence of parliamentary action. E.g. e.g., Vishaka Guidelines, 1997, Right to Privacy, Passive Euthanasia cases.

5. Federal Discontent: Centre-State tensions rise when regional voices are ignored (e.g., Tamil Nadu’s opposition to NEET, Hindi imposition debates). The Rajya Sabha’s diminished role undermines the federal structure, as states’ voices are not adequately represented. The GST Council, while innovative, has been criticized for centralizing fiscal powers.

6. Impact on Governance: The lack of detailed scrutiny has resulted in policy failures, such as the demonetization of 2016, which was implemented without parliamentary debate.

How Revitalization of the Indian Parliament Can Be Done?

1. Increase Sitting Days: Parliament should meet for at least 100 days annually, as recommended by the NCRWC (2002). Rajya Sabha Committee (2008) suggested fixed calendar and minimum days.

2. Strengthen Parliamentary Committees: All Bills should be referred to parliamentary committees for detailed scrutiny, as suggested by the Standing Committee on Personnel, Public Grievances, and Law (2018). Committees should be provided with adequate resources and research support.

3. Establish a Parliamentary Budget Office (PBO): A PBO, modeled on the U.S. Congressional Budget Office, would provide MPs with independent analysis of fiscal policies. This would enhance Parliament’s ability to scrutinize the Budget and hold the executive accountable.

4. Reform Anti-Defection Law: As per Law Commission 170th Report: Limit anti-defection to confidence and money bills. Empower Parliament to dissent freely without fear of disqualification.

5. Curb Misuse of Money Bill Provision: Implement SC recommendations in Rojer Mathew and Puttaswamy cases.

6. Promote Bipartisanship and Ethical Conduct: Encourage all-party committees. Speaker to facilitate dialogue; enforce code of conduct (V. Ramaswami Committee, 2001). Support Private Members’ Bills like Shashi Tharoor’s (2017) on deductions for unruly MPs.

7. Enhance Public Participation: Digital platforms should be used to facilitate public consultations on key Bills and policies. The MyGov portal can be expanded to include parliamentary debates and discussions.

8. Capacity Building: National Legislators’ Conference, training programs. Promote code of conduct for MPs, as recommended by V. Ramaswami Committee (2001).

9. Judicial Restraint and Legislative Vigilance: While judicial interventions are necessary, the Supreme Court should avoid encroaching on Parliament’s domain, as highlighted in the NJAC case. SC in Rojer Mathew v. South Indian Bank (2019) urged Parliament to respect Rajya Sabha’s role. Independent Speaker Tribunal for fair anti-defection decisions.

Conclusion

The Parliament of India, once hailed as the temple of democracy, is increasingly seen as a rubber stamp. The foundational ideals of debate, accountability, and representation are at risk. Reviving it requires structural reforms, political will, public pressure, and constitutional vigilance. A strong Parliament is essential for a vibrant democracy and the realization of constitutional values