Summary

Polity Class 21

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:02 PM)

SOLUTION TO THE PROBLEMS FACED BY OUR PARLIAMENT IN ITS EFFECTIVE FUNCTIONING (05:06 PM)

Post of Speaker
The speaker is elected by the members of the Lok Sabha normally as part of the tradition the speaker belongs to a Ruling political party.
Speaker loses his position
a) When he ceases to be a member of the Lok Sabha
b) When he resigns by writing to the Deputy Speaker of the Lok Sabha [* When there is no deputy speaker, the resignation can be addressed to the president of India]
c) Speaker can also be removed by a resolution passed by a majority of all the then members of the Lok Sabha [* Effective majority]. Such a resolution can be moved only after giving 14 days' notice to the speaker.
When the resolution is taken up by the house the speaker can not preside over the house. He can speak on the floor of the house. He can also vote on the resolution.
After the dissolution of the house the office of the speaker would not become vacant. The speaker will continue till the new house elects another person as the speaker.
Powers of Speaker (05:48 PM)
Speaker has the absolute sovereign power to run the house
His decisions can not be questioned in a court of law except for disqualification of MPs under the Anti-defection Law.
Speaker also presides over the joint sitting of LS and RS.
Speaker can also allow secret sittings of the house
Speaker also decides whether a Bill is a money Bill or Not.
Speaker also appoints Chairmans of various parliamentary committees
In order to ensure the impartial and independent functioning of the speaker following provisions have been included
Speaker is given security of tenure.
He can be removed only through an effective majority and the motion for removal of the speaker can be considered and discussed only when it has the support of at least 50 Members.
His salary and allowances are fixed by the parliament and are charged from the consolidated fund of India.
His conduct can not be discussed and criticized in Lok Sabha except in case of a substantive motion.
His decisions within the house can not be questioned in a court of law.
[Speakers coming to the rescue while tabling the No-confidence motion, Using the discretion to hold in-camera proceedings, without live telecast, etc, During Ant-defection law, etc].

PROBLEM 2:- POLITICIZATION OF THE OFFICE OF SPEAKER (05:55 PM)

In recent times, the office of the speaker has come under severe criticism due to politicization of the office of the speaker.
Opposition parties have alleged that the speaker is acting more as the representative of the ruling political party than as the custodian of the house.
Especially at the state level the office of the speaker has become controversial due to the misuse of Anti-defection law.
Speakers have used their discretionary powers to benefit the ruling political parties at the center as well as in the states.
It has also adversely impacted the functioning of the house. It is also one of the reasons for the declining standards of our parliament.
Solution:-
It is suggested that India also should follow British parliamentary practices. In the UK, they have a tradition of "Once a speaker, Always a speaker".
Following reforms can be implemented
a) Like in the UK, any MP who wants to be a speaker must have the support of a minimum number of MPs from all political parties (* In the UK, it is 12).
b) After nominations are over, there should be a secret ballot to elect a speaker, and the person who is elected as the speaker must have the support of more than 50% of MPs.
c) Once a person is elected as speaker, he should resign from the political party to which he belongs. It is to ensure impartial functioning.
d) In the UK, Political parties have a tradition of not putting candidates against the speaker in his parliamentary constituency so that he can be elected unanimously.
e) In India, the speaker can be nominated to the next Lok Sabha, and if the members agree, he can continue to be the speaker for the next Lok Sabha also, so that once a speaker, always a speaker can be part of our parliamentary traditions also.

POST OF DEPUTY SPEAKER (06:15 PM)

Deputy speaker is also elected by Lok Sabha from its members. The election date of the deputy speaker is fixed by the speaker. Normally a member of the opposition party is elected as deputy speaker.
He has all the powers of the speaker while performing the function of the speaker.
He presides over the functioning of the house when the speaker is absent.
Deputy speaker can be removed in the same manner as the of speaker of lok sabha.
If a deputy speaker is appointed to any parliamentary committee, he would automatically become the chairman of the committee.

PROBLEM 3:- PARLIAMENTARY PRIVILEGES (07:00 PM)

Problem 3:- Parliamentary privileges
Our constitutional makers felt that members should be given certain privileges to perform their function in a more efficient manner.
Article 105 of the constitution mentions two important privileges
a) Freedom of speech in parliament.
b) Right of publication of its proceedings.
Parliament can also conduct its proceedings in a secretive manner. It can also members for breach of its privileges.
They cannot be arrested during the session of the parliament and 40 days before and 40 days after the end of a session.
This privilege is available only in civil cases but not in Criminal cases.
Our constitution makers expected that MPs of the future to define and to codify their privileges, But our MPs have not codified their privileges. There are many instances wherein it has resulted in misuse of the privileges.
In the JMM bribery case, in 1993, it was proved that MPs had taken money to vote in a particular manner on the floor of the house. There were other instances also wherein the members decided to take action against the media for breach of their privileges.
Judiciary had to come to the rescue and made sure that freedom of speech and expression also includes freedom of Media.
When the A.P. State Reorganization Bill was discussed on the floor of the house in Lok Sabha, a member of parliament used paper spray to disturb the proceedings of the house.
Recently, in the budget session of the house members attacked the speaker. It raises questions about the privileges of members
Solution:-
It is suggested that members must codify their privileges so that there cannot be any scope for their misuse.
It is also suggested that taking bribes and voting in a particular manner on the floor of the house can not be part of their privileges.
They are the role models for the rest of the people of a country and by defining their privileges they can set the highest ethical standards for the people of the country.

PROBLEM 4:- PASSING OF BILLS (07:15 PM)

Problem 4- Lacunaes in the passing of the Bills
Legislature is responsible for law-making and the executive for its implementation. The legislature must make laws and rules for the entire country. India does not have a strict separation of powers.
Legislature has delegated the law-making power to the executive (Delegated legislation). Delegation means the transfer of power to the lower authority. The power of law-making is delegated to the executive.
Why this delegation?
MPs and MLAs are professional politicians, they do not have expertise in law-making/ legislation. This legislation is a technical activity. In all democracies, the executive is the one who makes law.
Also, parliament does not meet throughout the year whereas, the administration is a technical activity and goes throughout the year.
Delegated legislation allows for experimentation [* Example- NREGS- Government started it as a pilot project. If the government had implemented this all over India, then it would have caused more financial loss].
Delegated legislation can be more democratic in nature. [* Ministries and departments can invite suggestions from the public. Example- Draft Environment impact assessment Bill].
Role of the legislature (07:25 PM)
Legislature discusses and debates the Bill which is not happening in India
Section 66A was added to the IT Act- in 2 minutes.
Three farm Bills were passed in 2 minutes.
Legislature has become an extension of the executive.
There is no executive accountability to Judiciary.
In the J&K reorganization Act- The MPs were given a 3000-4000 page document just in the morning and they were supposed to discuss the Bill.
Especially after 2019, The ruling party also got a majority in RS.
Process in the UK v/s India
In Uk, for any Bill to become Act it requires 12-14 months. After the introduction, the general discussion takes place, then the Bill is sent to the Select committee.
A select committee goes through each and every line and come out with suggestion and then parliament meets and scrutinizes the points. On those suggestions, voting will take place.
Political parties can not issue Whip before the voting. The members vote according to their conscience.
After that Bill again will go to a select committee and again be sent to parliament for a final vote. [* A labor party MP in the UK voted against his own party for 15 years]. There is inner-party democracy in the UK.
In the UK the MPs go to their constituency and ask for their suggestion. [* Participatory democracy]
In India, every political party issue whip to vote in a particular manner. If the whip is disobeyed then the member may attract an anti-defection procedure.
This tendency of issuing Whip and Anti-defection laws has killed the democratic credentials. The main fuel is the lack of "inner-party democracy"
Democratic federalism- Charismatic leader becomes the dictator. MPs do not have the caliber to win the election on their own. The people vote in the name of charismatic leaders and political party
In the UK, every Wednesday the PM of the UK answers the question asked by the opposition party as well as the ruling party.
Private member's Bills
Normally the Bills are introduced by Government. But the Bills can be introduced by the Individual MP which is called a Private member Bill.
In India, the last time a private member Bill was introduced was in 1968, and it was passed in 1970.
The parliament is not functioning properly and thus Judiciary has to interfere. This is increasing Judicial Activism.
Solution
No Bill should be passed without sending it to the Select committee. (There are 24 Department related committees)- "LEGISLATIVE OVERSIGHT"
They can use experts in the field and scrutinize the Bills.
Political parties should not be allowed to issue Whip. The members should use their conscience and also they can discuss this with their constituency.
Private member's bills (the Friday afternoon session is reserved for the Private member's Bill discussion) should be given a proper discussion.
Also, President has absolute veto power against the private member's Bill.
[* In GoI 1935, it has mentioned that In the case of a Private Member Bill, Viceroy has absolute veto power. In the case of Treasury Bills, the viceroy did not enjoy any Veto. We blindly copied these provisions into our constitution]
[** This is an irony, On one hand, it is said that legislators are responsible for lawmaking but on the other side president enjoys absolute veto against the private member Bill. ]
Constitution can be amended to remove the absolute veto power given to the president so that it encourages MPs to come out with a Private member Bill.
[*** We need to change the Anti-defection law+ Political party should issue Whip only in case of confidence motion, No-confidence motion, and in case of Budget where the stability of government is in question. In the case of an ordinary Bill, the political party should refrain from issuing Whip ]
Question:- Define the privileges of Members of parliament with relevant constitutional provisions and analyze the reasons for the failure of our parliament to codify them. What should be done? (250 words/ 15 marks).

The Topic for the next class:- Q&A discussion, and continuation of Parliament.