Parliament is ‘North Star’ of democracy, says Vice-President

GS Paper 2

 Syllabus: Parliament – Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of this/Separation of Powers

Source: TH 

Direction: The controversy over whether the Basic Structure Doctrine or Parliament is the “north star” of democracy is highlighted in the article.

Context: Stepping up the legislature versus judiciary debate, the Vice President and Rajya Sabha Chairman during the Parliament’s sitting stated that Parliament is the “north star” of democracy.

Polaris/North Star stays in roughly the same place in the sky – directly above Earth’s north pole, and therefore it’s a reliable way to find the direction of the north.

Background:

• This comes days after the CJI‘s statement, calling the basic structure doctrine a “north star” that gives direction to interpreters and implementers of the Constitution.
• The VP has been consistent in criticising the judiciary for “overstepping its boundaries” and has also questioned the landmark 1973 Kesavananda Bharati case verdict on the basic structure doctrine.
• According to the VP, the verdict had set a “bad precedent” and if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say we are a democratic nation.

Role of the Parliament:

• Parliament is the essence of democracy – participation by people in the decision-making process and government by consent.
• It is a place for debate/discussion/deliberation to realise the aspirations and dreams of the people.

Functions:

• To Select the National Government
• To Control, Guide and Inform the Government
• Law-Making

Issues faced by the Indian Parliament:

• While the Parliament’s productivity has gone up, it faces several challenges –
  • Frequent disruptions
  • Sharply dipping the number of bills being referred to parliamentary committees;
  • Shrinking space for the opposition;
  • Increasing recourse to ordinances; and
  • The bypassing of the Parliament on several important initiatives.
• Judicial activism or the judiciary’s proactive engagement in defending citizens’ rights, is a practice born out of the Indian Parliament’s inefficiency and inaction.
• As a result, there is debate over whether the Judiciary (SC, HCs) or Parliament should have the upper hand.

Conclusion:

The Parliament is the essence of democracy, while the basic structure doctrine is the bedrock and spirit of democracy and we all are soldiers of democracy. Therefore, all have a defined role to play in a Parliamentary democracy like India.

Insta Links:

The doctrine of Separation of powers

Mains Links:

Resorting to ordinances has always raised concerns on violation of the spirit of the separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyse whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? (UPSC 2015)

Prelims Links: (UPSC 2021)