EDITORIAL ANALYSIS : Preserving democracy in India

Source: The Hindu

• Prelims: Parliament-Structure, organization and functioning, whip etc
• Mains GS Paper II: Parliamentary democracy, functions of whip etc

ARTICLE HIGHLIGHTS

• The Indian Constitution adopted the parliamentary system and not the presidential system.
• R. Ambedkar provided the rationale for this: “A democratic executive must satisfy two conditions:
  • It must be a stable executive and
  • It must be a responsible executive.
• Unfortunately it has not been possible so far to devise a system which can ensure both in equal degree.
• The events that have unfolded in the last few years, including the toppling of governments in Madhya Pradesh, Karnataka and Maharashtra and the selective arrests of Opposition leaders, show that we are perhaps heading towards an Opposition-mukt Bharat.

INSIGHTS ON THE ISSUE

Context

Parliamentary System of Government:

There are two executives:

• The nominal executive is the head of state e.g. President while the real executive is the Prime Minister, who is the head of government.
• In such a system, the role of president or monarch is primarily ceremonial and the Prime Minister along with the cabinet wields effective power.
• Countries with such a system include Germany, Italy, Japan, United Kingdom as well as Portugal.
• The Constitution of India provides for a parliamentary form of government, both at the Center and in the States.
• Articles 74 and 75 deal with the parliamentary system of government at the Union level and Articles 163 and 164 contain provisions with regard to the States.
• Executive is responsible to the legislature for its policies and acts.

Presidential System of Government:

• There is only one executive.
• In this system, the President is both head of state and government, e.g. USA, South Korea etc.
• The executive is not responsible to the legislature for its policies and acts, and is constitutionally independent of the legislature in respect of its term of office.

Benefit of Parliamentary System:

• Ensures Diverse Representation: By looking at the diversity and the number of parties from different states, India needs a diverse cabinet to fulfill the aspirations of millions.
  • Hence, the parliamentary system ensures regional representations by selecting candidates from different parts of the country.
• Basic Structure of Constitution: It is part of the basic structure of the Constitution. Altering the parliament system would face legal hurdles.
• Prevents Authoritarianism: Since the executive is responsible to the legislature, and can vote it out in a motion of no confidence, there is no authoritarianism.
  • Also, unlike the presidential system, power is not concentrated in one hand, rather in a group of individuals (Council of Ministers).
• Better Coordination: Since the executive is a part of the legislature, and generally the majority of the legislature support the government, it is easier to pass laws and implement them.
• Matured System: It is an old system and can give news ideas with its experience in a democratic setup.
• Daily assessment: In England, where the parliamentary system prevails, the assessment of responsibility of the executive is both daily and periodic.
  • The daily assessment is done by members of Parliament, through questions, resolutions, no-confidence motions, adjournment motions and debates on addresses.
  • Periodic assessment is done by the electorate at the time of the election.

Arguments Against the Parliamentary System:

• Unqualified Legislators: The parliamentary system has created unqualified legislators, who have sought election only in order to wield executive power.
  • It limits executive posts to those who are electable rather than to those who are able, e.g. the prime minister cannot appoint a cabinet of his choice; he has to cater to the wishes of the political leaders of several parties.
• Powerful Executive: Most of the laws are drafted by the executive and parliamentary input into their formulation and passage is minimal.
  • It has been seen that the ruling party issues a whip to its members in order to ensure unimpeded passage of a bill.
  • Since defiance of a whip itself attracts disqualification, MPs blindly vote as their party directs.
  • Hence, the parliamentary system does not permit the existence of a legislature distinct from the executive.
• Fickle Legislative Majority: It has forced governments to concentrate less on governing than on staying in office, and obliged them to cater their coalitions.
  • It puts insurance on defections and horse-trading. The anti-defection Act of 1985 has failed to cure the problem, since the bargaining has shifted to getting enough MLAs to resign to topple a government, while promising them offices when they win the subsequent by-elections.
• Distorted Voting Preference: It has distorted the voting preferences of an electorate that knows which individual it wants to vote for but not necessarily which party.

Features:

Opposition in Parliamentary democracy:

• No permanent party in power: Parliamentary democracy does not envisage a condition where a one party-government becomes permanent.
• Necessity of vigilant opposition: The presence of a vigilant Opposition is necessary not just for a vibrant democracy but for its very survival.
• Duty assigned by constitution: When the Opposition criticizes the government or carries on an agitation to arouse public opinion against a party’s misdeeds, it is performing a duty that is assigned by the Constitution.
• Dull democracy: Without an effective Opposition, democracy will become dull and the legislature will become submissive.
• Loss of public trust in democracy: The public will then think that the legislature is a sham and is unable to perform its functions and will lose interest in the functioning of Parliament.

Role of Whip:

• Whip system: The whip system is part of the established machinery of political organization in the House and does not infringe on a member’s rights or privilege in any way.
• Theory of recall: Some political thinkers have recognised as an additional device the ‘theory of recall,’ so that a member whose personal behaviour falls below standards expected of his constituents goes back and seeks their approval.
  • The anti-defection law was supposed to be the justification underlying the power of recall.
• Disloyalty by member: This power is particularly apt when a member shows disloyalty to his party but declines to resign from his seat and to fight an immediate by-election.
• Role of floor test: In the absence of resignation and re-election immediately following the violation of the whip or showing disloyalty to the party on whose label the member was elected, the floor test is meaningless.
  • It only seeks to legalize what is otherwise illegal, unconstitutional and immoral.

 Present Issues:

• Signs of conspiracy: A flock of members of the governing legislative party in a State being flown from one destination to another in chartered planes, housed in five-star hotels, and taken to States run by the party in power at the Center is a sign of a conspiracy.
• Use of draconian laws against opposition: The recent trend of the use of draconian powers, especially the Prevention of Money Laundering Act, against Opposition members.
• Disputed role of Governor: Over the years one has not seen many photographs of Governors stuffing the mouth of new office bearers with ladoos.
  • The impartiality of office require no public display of excessive joy by the Governor unless it is to establish the legitimacy of the constitutional process
• Unusual expression of our democracy: For elected representatives to show their joy by dancing on tables is an unusual expression of our democratic culture(as in case of Maharashtra)

Reasons for Diminishing democracy:

Way Forward

• Use of Article 142 by SC: To see a flock of members of the governing legislative party in a State being flown from one destination to another in chartered planes, housed in five-star hotels, and taken to States run by the party in power at the Center is a sign of a conspiracy. Given such circumstances, it is time for the Supreme Court to rewrite that law, if necessary by exercising powers under Article 142 of the Constitution.
• Crafting new rituals: As a post-colonial society, however, we need to decide which rituals, inherited from the colonial past, we wish to keep and which we wish to discard.
  • We need to craft new rituals for our democratic society, to give it Indian adornments.
  • This is necessary to uphold the sanctity of office and the greater sanctity of the Constitution from which all authority flows.
• Judiciary must prevent politically motivated investigations: The judiciary must be aware of the ground realities and not allow such politically motivated investigations. Judges should readily grant anticipatory bail or regular bail in such matters.
• Coherent role of all: Political parties, the judiciary and civil society must take steps to ensure that democracy does not fail.
  • The Opposition must be tolerated because if it is left for the party in power to decide what is healthy and unhealthy criticism, then every criticism of the latter will be treated as unhealthy.
• Constituent assembly: During the Constituent Assembly debates, Naziruddin Ahmad had warned: “If you are not desirous of creating anti-Congress feeling… it is very necessary for you to create an opposition, if necessary by some members volunteering to go to the opposition and making it healthy and strong.”
  • Ramnarayan Singh went further and said, “ A government which does not like opposition and always wants to be in power is not a patriotic but a traitor government.”
• Strong opposition: While the Opposition must be credible and strong, it is for the Opposition to make itself credible and strong. It must feel the pulse of the people.
• Constructive engagement: The Opposition must also work constructively, merely attacking the government is not conducive for democracy.
  • Our constitutional goal was to establish a sovereign, democratic republic.

QUESTION FOR PRACTICE

1. To what extent, in your view, the Parliament is able to ensure accountability of the executive in India?(UPSC 2021)

(200 WORDS, 10 MARKS)