Summary

Polity Class 22

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:01 PM)

TYPES OF MAJORITY (05:05 PM)

Simple majority- The majority of the members present and voting on the floor of the house. It is required during the No-confidence motion.
Absolute majority- The majority of the total membership of the house.
Effective majority- The majority of the Total membership minus the vacancies.
Special majority- Absolute majority + Majority of 2/3rd members present and voting.

PROBLEM 4:- PASSING OF THE BILLS (05:13 PM)

As part of the separation of powers and functions legislature is responsible for law-making, Over a period of time legislature has delegated this responsibility to the executive, Popularly known as delegated legislation.
A Bill can be introduced in either house of the parliament. Broadly two different types of Bills are introduced
a) Public Bills are also known as Treasury Bills or Government Bills
b) Private member's Bills
Both of them follow the same procedure for their passage on the floor of the house
Procedure for Ordinary Bills
a) First reading of the Bill- An Ordinary Bill can be introduced in either house of the parliament by a minister or any members of the house. The Bill is introduced by reading its title and objectives. At the stage of the introduction, no discussion will take place on the floor of the house. The Bill is published in the Gazette of India
b) Second reading of the Bill- During this stage members discuss the contents of the Bill. It has 3 substages
b.1) General discussion- Here the members will discuss the Bill on the floor of the house in general terms. They can take up the Bill for consideration immediately or they can fix future dates, or they can refer the Bill to a select committee of the house, or, they can refer the Bill to a joint committee of both houses, or they can put the Bill in the Public domain to seek the opinion of people.
b.2) Once the Bill is sent to a committee the committee can scrutinize the contents of the Bill and give its recommendation.
b.3) The house after receiving recommendations from the committee can discuss and vote on each and every clause of the Bill. Here, members can move amendments to the Bill. If they are accepted they will become part of the Bill.
c) Third reading of the Bill- Here the process is restricted only to the voting of the Bill. Members are not allowed to move any amendments during this stage. It requires only a simple majority on the floor of the house.
d) Once it is passed by the house it will be sent to the other house for its approval. There are 4 alternatives
d.1) The house may pass the Bill- It will be sent to President. If the president gives his approval, it will become an Act.
d.2) It may pass the Bill with an amendment and return the same to the first house.
d.3) The House may reject the Bill altogether.
d.4) The House may not take any action and keep the Bill to Itself.
In the case of d.2, d.3, and d.4, if the Second house keeps the bill with itself for more than 6 months, it is considered deadlocked between both houses.
If the first House rejects the amendments suggested by the second house it is considered deadlock.
To resolve the deadlock, the president can summon a joint sitting of both houses. If the joint sitting passes the Bill with a simple majority, it means that both houses have given their approval for the Bill.
Analytical aspects (05:44 PM)
In recent times, the country has witnessed a disturbing trend wherein most of the Bills are being passed without any discussion or debate on the floor of the house.
For example- In 2021, Monsoon session of parliament, 20 Bills introduced by the government were given approval by both houses in less than 10 minutes.
Between 2009 and 2014, More than 70% of the Bills were referred to select committees of the Parliament. After 2019, when the government got a majority in Rajya Sabha also, the number of Bills sent to the select committee had come down to less than 13%.
No private member Bill was passed by both house of the parliament after 1970.
Individual member of parliament contributions has come down in recent times as can be seen from the above statistics. Legislature has become an extension of the executive i.e. Legislature has become an institution that is there only to give its approval for the Bills introduced by the government. Bills are passed without any discussion or debate on the floor of the house.
Political parties also regularly issue whips to their members. A whip is a one-line order issued by a political party to its members asking them to represent on the floor of the house and vote in a particular manner.
If any member defies the whip issued by the political party, that member can be disqualified under the Anti-defection law for Anti-party activities.
Anti-defection law had come into existence in 1985 through the 52nd Constitutional Amendment. It has added the Xth schedule to our constitution.
Under Anti-defection law, Speaker is given absolute power to decide on a defection. There is no time limit for the speaker to decide on defections.
Initially, if one-third of the members of a political party on the floor of the house decide to split from the party and create a separate group, they can escape from the provisions of the Anti-defection law. Later it was proved that this provision has resulted in more defections than in preventing defections.
Because of the misuse of the Anti-defection law, parliament has passed the 91st Constitutional Amendment Act to prevent the misuse and abuse. Now, under the provisions of the Anti-defection law, 2/3rd members must come out of a political party and merge themselves with another political party to avoid the provisions of the Anti-defection law.
A nominated member can be disqualified if he joins a political party after the expiry of 6 months. On the other hand, an independent member can not join any political party after his election.
Misuse of Anti-defection law (Hereafter, ADL) (06:18 PM)
ADL has been misused as there is no time limit for the speaker to decide on defections. If the opposition party members are defecting, it has been observed that the speakers would not take any decision on defections for the entire tenure of the assembly.
Recently, Sikkim HC had come out with the judgment that Anti-defection law cases should be decided within a period of three months. The matter is also pending with SC.
ADL along with the tendency of the political parties to issue whips has reduced completely the contribution of Individual MPs. They can not speak on the floor of the house as it invites the provisions of ADL.
Since the ruling political party always enjoys the majority on the floor of the house, the legislature has become nothing but an extension of the executive.
In a parliamentary democracy, it is the legislature that is expected to ensure the accountability of the executive but in reality, it is the executive using its majority on the floor of the house that controls and dominates the functioning of the legislature.
Solution (06:30 PM)
In the UK, it would take at least 12 to 14 months for any ordinary Bill to become an Act. It follows the process of general discussion, scrutiny by parliamentary committees and ultimately voting on the floor of the house.
Political parties are not allowed to issue whips and they also don't have anti-defection laws. Individual MPs normally vote according to their conscience. Their parliament can ensure effective control over the functioning of the executive. They also have inner-party democracy.
What can be done in India?
Article 107 of the constitution should be amended. Under Article 107(2), A Bill shall not be deemed to have been passed by the houses of parliament unless it has been agreed to by both houses.
Following changes can be made to Article 107
a) It should be made mandatory that both houses must discuss and debate the Bill. It should be sent to a select committee before the voting takes place.
b) Individual MPs should be given the freedom to vote on the Bill according to their conscience.
c) Political parties should not be allowed to issue whips
d) MPs must go back to their constituencies and discuss the contents of the Bill with their voters and vote according to the opinion of their voters on the floor of the house. It can help in transforming our representative democracy into participatory democracy.
Following changes can be made to ADL to prevent its misuse (06:40 PM)
The power to decide defection should be taken away from the speaker.
It is suggested that the power to decide defections can be given to the President and Governor respectively and they can take the decision on the basis of the suggestions given by the Election Commission. SC also suggested that these defections can be decided by a retired SC judge with a specific time limit.
There can be an independent tribunal consisting of constitutional experts that can decide on defections.
In order to prevent misuse of ADL it is suggested that the provisions of ADL should be applied only in the case of confidence/ No-confidence motion and also in passing the Budget.
Members should be given the freedom to resign from their political parties and if any person wants to defect, his seat should automatically become vacant and he can be allowed to contest By-elections. If he wins the election, he can join any other political party.

FINANCIAL BUSINESS OF THE HOUSE (07:14 PM)

Budget Formulation is the exclusive domain of the Ministry of Finance. It is also an exclusive domain of the Lok Sabha
A budget is called an Annual Financial Statement. It provides information regarding revenues and expenditures.
Steps in Budget
Step 1- Introduction- The budget is presented on the 1st of February. It is the Department of economic affairs that is responsible for the formulation of the Budget. Department of Economic Affairs come out with two documents- Economic Survey and Budget.
[* Budget gives information about fiscal policy, Financial health of the country, etc]. After the Introduction, House will not take up any other activity.
Step 2- General discussion- This takes place for around 10 days. It takes place in both LS and RS.
[* Earlier we had a Vote on Account provision, now we do not have this.
Earlier Budget was presented on the 28th of February and in India Financial year starts from the 1st of April to the 31st of March.
Up to the 10th of March, there would be a general discussion and after that Parliament will take a break of 40 days. And in between the gap, the parliamentary committees will scrutinize the various demand for grants.
[** Demand for grants- Example- Agricultural ministry is demanding 90 cr and Education ministry is asking 100 cr so parliamentary committees will scrutinize all these demands].
From 10th March to 20th April will be spent on scrutinizing the demand.
Our budget works on the principle of Lapse. For example, Suppose the Agricultural Ministry was given 100 cr in a previous financial year but it used only 90 cr so 10 cr will lapse and it will be sent back to the consolidated fund of India. Whatever money is given in an annual financial year can be spent in one financial year.
So now, the Agricultural Ministry has to spend the money from the next year's Budget as their unspent money has now lapsed.
But the Budget is not passed on the 1st of April. So we came out with Vote on Account.
During the general discussion, LS will give approval for 2 months of expenditure (1/6th of the total expenditure) i.e. From 1st April to 31st of May.
Step 3- Parliamentary committees- 24 department-related committees will scrutinize the demand for grants for each and every ministry. After this again Parliament will meet.
Step 4- Voting on Demand for Grants- At this point in time, parliament is expected to take up the demand for grants and vote (It requires a simple majority). At this point in time, MPs can move CUT motions.
[* Cut motion- It is to cut down the expenditure. Three types- Policy cut, economy cut, Token cut]
Policy cut- The amount is reduced to Rs 1.
Economy Cut- The amount is reduced to a substantial amount.
Token cut- The amount is reduced by some small token money like 100rs, 50 rs, etc. It is to show the disapproval of the policy
The speaker will allow 10 days to discuss and vote on the demand for grants. At the end of the 10th day, all the rest demand for grants will be bunched together and put to vote without any discussion (GULLIOTINE).
Step 5- Voting on Appropriation Bill- This appropriation Bill contains the entire expenditure of the government. This is divided into two categories- Charged expenditure and Non-charged expenditure.
Charged expenditure means the money is charged to the Consolidated Fund of India. Here the Members cannot vote on the expenditure only they can discuss it. The constitutional authorities are part of this to ensure their financial autonomy.
Step 6- Passing of Financial Bill- It contains all the taxation proposals of the government. Parliament can not demand the imposition of new taxes. Parliament can not demand an increase in taxation. Parliament can demand a reduction in taxes and the abolition of taxes. [* This is the exclusive domain of the executive].
With the passage of the Financial Bill, the entire Budget is passed.
Problems (07:54 PM)
Budgets are always guillotined
Parliamentary committee's (DRSCs) recommendations are never implemented
These MPs lack the expertise/ skill to scrutinize the Budget.
Parliamentary efficiency is not sufficient- This expenditure is not linked to Output and outcome [* These demand for grants are simply "line item budgets"]
Example- The budget only mentions the amount given to NREGA but it does not mention what output is created by this amount and what outcome is generated by this amount. Without knowing this it is impossible to determine the efficiency
Question:- Individual parliamentarians' role as national lawmakers are on a decline which in turn has adversely impacted the quality of debates and their outcomes. Discuss (15 marks/ 250 words)

The topic for the next class:- Continuation of the Budget and its Analysis.