Polity
Q1. “The productivity and credibility of the Parliament and State Legislatures in India have been declining”. Do you agree with the opinion? Discuss. (10M)
Introduction
India does not have a fixed parliamentary calendar. By convention, Parliament and state legislature meets for three sessions in a year. Over the years, there has been a decline in the sittings days of Parliament. Similarly, the state legislatures have met for an average of 26 days a year.
Body:
Productivity and credibility of the parliament and state legislature in India have been declining:
- Reduction in no of meeting: Due to fewer meeting and failing productivity on account of disruptions, MPs are not able to raise matters of urgent public importance and bring it to the attention of the government.
- For instance, “2023-24 has been the sixth shortest budget session since 1952.
- More disruption: off late disruption is replacing discussion as the foundation of our legislative functioning.
- g. the 16th Lok Sabha (2014-19) lost 16% of its scheduled time to disruptions, better than the 15th Lok Sabha (37%), but worse than the 14th Lok Sabha (13%).
- Extreme reluctance to refer Bills to Parliamentary Committees: the percentage of Bills referred to the Parliamentary standing committee has declined leading to reduced deliberation on range of issues related to specific ministries, and legislation.
- The quantum has declined from 71% in the 14th Lok Sabha (2004-09) to just 11% in the current one.
- Also, such a committee system is either absent in most state legislatures or remain inactive leading to no deliberation and scrutiny of legislation.
- Less time to question and zero hour: Since, the Covid Pandemic, Parliamentary session also saw the least amount of time spent on questions in the Lok Sabha.
- The curtailment of question hour and zero hour undermines the principle of parliamentary oversight over executive.
- Functioning of state legislature: A decadal comparison shows that the assembly that met for an average of 83 days between 1951-60 has come down to an average of 24 days between 2011-17.
- g. Punjab Assembly sat only for 11 days, in 2021.
- Affects scrutiny: legislatures, through various mechanisms, act as an overseeing body on the work of the executive (government). Fewer sittings of the assembly adversely impact its responsibility of scrutiny.
- For example, due to lack of adequate sittings, the members do not have sufficient time to prepare for the deliberation on bills.
- Undermines spirit of democracy: Circumventing the parliamentary committees while passing legislations undermines the very spirit of the democracy.
- E. In current session, the Government got every Bill that it introduced passed as an Act, without any debate, and without any scrutiny by committees.
Productivity and credibility of the Parliament and State Legislatures is not declining:
- Despite the decline in reputation in recent times, the Indian Parliament continues to reflect the deepening of democracy.
- This has, led to a fundamental re-imagining of the British parliamentary system and its procedures that the Indian Constituent Assembly opted to follow after independence.
- Passage of Key Reforms: In the past 75 years, the Indian Parliament has many achievements to its name despite its growing unpopularity.
- g. Parliament has passed important reforms and legislations, such as the Goods and Services Tax (GST), Insolvency and Bankruptcy Code (IBC), and Aadhaar Act.
- Increased Focus on Transparency: Over the years, efforts have been made to enhance transparency and public access to legislative proceedings.
- Initiatives such as live telecasts, online repositories of bills and debates, and public consultations have improved the visibility of legislative processes.
- Ensuring accountability: At the same time, the Parliament has only fitfully lived up to its responsibility of deliberating on and crafting legislation and ensuring accountability and transparency in government.
Way forward:
- Fixed calendar: it is useful to have a fixed calendar for sittings of the legislature so that other political developments do not affect its functioning.
- This practice is followed in countries like United Kingdom, Canada, and Australia.
- More power to legislature: One of the reasons for decreasing sittings of assemblies is due to the lack of independence of the legislature to decide its own sittings.
- In India, government control over the legislature’s sittings. Since the legislature is expected to hold the government accountable, it is essential for them to have the power to decide its sittings.
- Code of Conduct: To curb disorder in legislature there is a need for strict enforcement of code of conduct for MPs and MLAs.
- These ideas are not new. For example, the Lok Sabha has had a simple code of conduct for its MPs since 1952, it needs to updated with time.
- Productivity Meter: The overall productivity of the session also can be studied and disseminated to the public on a weekly basis.
Conclusion
To preserve the very idea of India as a democratic country, the Parliament needs to function more actively in terms of framing bills, its scrutiny and holding sessions. Over the years, the states have become the focal point of implementation of schemes apart from more devolution of funds from the Centre. Hence, it is necessary for legislatures to meet more frequently to examine the work of the government.
Q2. Discuss the powers and limitations of the Speaker of the Legislative Assembly, in light of recent controversies surrounding it. (15M)
Introduction
The Speaker of the Legislative Assembly, created under the Article 178 is the presiding authority and highest authority of state legislative assemblies in India for carrying house proceedings. Recently, Supreme Court has referred Nabam Rebia & Bamang Felix v. Deputy Speaker, Arunachal Legislative Assembly (2016), judgement to a 7-Judge Constitution Bench for reconsideration.
Body:
Power of legislative speaker: According to the Constitution of India, a Speaker is vested with immense administrative and discretionary powers, some of which are enumerated below:
- The Speaker presides over the meetings in the House.e. the business in the House is conducted by the Speaker, ensuring discipline and decorum amongst its members.
- He/she guards the rights and privileges of the members of the two Houses, deciding who should speak at what time, the questions to be asked, the order of proceedings to be followed, among others.
- Resolve deadlock: when the House initiates a voting procedure, he does not cast a vote in the first instance. However, when the two sides receive equal number of votes, the Speaker’s vote is used to resolve the deadlock, making his position as impartial as in the English system of democracy.
- Adjournment power: In the absence of a quorum in the House, it is the duty of the Speaker to adjourn the House or to suspend any meeting, until the quorum is met.
- Sets the agenda: The Speaker decides the agenda that must be discussed in a meeting of the Members of the Legislative Assembly.
- Interpreter of the house: The Speaker is invested with the immense powers of interpreting the Rules of Procedure. Also, to enable the speaker to deal with unexpected situations and regulate matters of detail, the rules expressly vest “residuary powers” in him.
- He also ensures that MLAs are punished for unruly behaviour.
- Anti-defection power: He decides the questions of disqualification of a member of the assembly, arising on the ground of defection under the provisions of the Tenth Schedule.
- Money bill: He decides whether a bill is a Money Bill or not and his decision on this question is final.
- The Speaker has under his or her jurisdiction, He appoints the chairman of all the committees of the assembly and supervises their functioning.
- He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee.
Limitations of the speaker power:
- Judicial review: in Kihoto Hollohan versus Zachillu and Others case in 1992 SC said that Speaker’s decision to disqualify a member of legislative assembly under 10th schedule is subject to judicial review as he acted as a tribunal while deciding cases under the anti-defection law.
- the Court can review only infirmities based on violation of constitutional mandate, mala fides, non-compliance with rules of natural justice, and perversity.
- Dependency on Majority Support: The Speaker’s position is dependent on the support of the majority of members in the legislative assembly.
- This reliance on the majority can limit their independence and ability to take actions that may be in the best interest of the assembly as a whole.
- Limited Powers: While the Speaker holds a position of authority, their powers are restricted by the rules and procedures of the legislative assembly.
- They may have limited discretion in interpreting and enforcing those rules, which can impact their effectiveness in maintaining order and ensuring fair debate.
- Enforcement Challenges: The Speaker may face challenges in enforcing discipline and maintaining order within the assembly.
- Opposition members may engage in disruptions, filibustering, or other tactics that can impede the Speaker’s ability to effectively manage the proceedings.
- Nabam Rabia Judgement: In the Nabam Rebia v Bemang Felix case (2016), the Supreme Court held that it is “constitutionally impermissible” for a speaker to proceed with disqualification proceedings, if a no-confidence motion against him is pending.
- This ruling gave a window to defecting legislators to stall or circumvent the Tenth Schedule by seeking removal of the Speaker when disqualification proceedings are anticipated — effectively tying the hands of the Speaker. E.g. Maharashtra Assembly 2022.
Conclusion
The office of the Speaker is held in the highest respect and esteem in parliamentary traditions. The evolution of the institution of parliamentary democracy has as its pivot the institution of the Speaker. He is said to be the very embodiment of propriety and impartiality.
Ethics
Syllabus: “Aptitude and foundational values for Civil service, integrity, impartiality and non-partisanship, objectivity, dedication to public service, empathy, tolerance and compassion towards the weaker sections”
Q3. Have you ever come across a situation where you had to stand up for your ethical principles? How did you handle it? (10M)
Introduction:
Potter Stewart once said, “Ethics is knowing the difference between what you have a right to do and what is right to do.” We face many situations in life where we should know what’s the right thing to do.
Body:
I strongly believe and true in my case that standing up for one’s ethical principles is a result of moral evolution of our self-consciousness.
The failure: I witnessed a distressing incident at a small fast-food restaurant where the owner was physically assaulting a teenage boy who I assumed worked there and had made a mistake. I didn’t intervene and failed to ensure the principles human dignity, Justice, fairness which I believe in and show moral courage.
The learning: I witnessed my neighbor’s husband physically abusing her while their daughter pleaded for him to stop. With the help of our building owner, I intervened and managed to prevent further harm. However, the abusive behavior persisted in coming days. While I am glad that I took a stand against violence, I always feel I could have done more and been more responsible.
The success: I discovered that my friend was trapped in an abusive relationship. Despite her initial resistance, as she believed that men had the right to express anger or be violent for minor mistakes, I persisted in highlighting the emotional manipulation and patterns of abuse. I stood firm in my principles and supported her freedom from the toxic relationship.
Shopkeepers sometimes give back more change than required. It may be tempting to keep the extra money, but doing so reveals a lack of integrity and honesty. Personally, I ensure that I return the surplus amount.
During my final year group project, we encountered significant challenges, and the deadline was approaching. We were tempted to pay someone to complete it for us. But this was cheating and plagiarism. We wanted to do our project with academic integrity. So, we approached our professor, explained our situation, and requested an extension. To our surprise, not only did he grant us more time but also provided guidance to overcome major obstacles. I once again realized that ‘honesty is the best policy.’
Conclusion:
Though we may be unsuccessful at times, I believe that it’s important to stand up for our ethical principles. As Martin Luther King Jr. said, “The time is always right to do what is right.”
Case Study
Q4. Anmol is posted as the deputy superintendent of police in a rural area. The abduction and murder of a seven-year-old boy sparks widespread outrage in his village. A group of villagers gathers in front of the house of the suspect and is preparing to attack the family members of the absconding suspect. Anmol’s subordinate informs her about this impending act of violence. She rushes to the scene and encounters an angry mob abusing the suspect’s family including the female members. The situation is very tense and police constables are mute spectators as they are far outnumbered by the mob.
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- What can Anmol do to diffuse the crisis? Answer with reference to public service values demanded by the situation.
- It is often seen that people are quick to take law into their hands. What are the probable reasons behind that? Suggest ways to prevent such occurrences.
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Synopsis:
To diffuse the crisis in a manner aligned with Indian public service values, Anmol can take the following steps:
As per Second Administrative reforms commission, the foundational values of the service are:
- Ensure personal safety: all individuals involved, including the suspect’s family members and the villagers, Anmol should call for additional forces if she feels they are overpowered.
- Motivate other police constables: By displaying dedication to service and professionalism, she can instill confidence in the fellow police members in discouraging vigilantism. Then DCP South Delhi Chhaya Sharma cracked the Nirbhaya case within 3 days of the incident.
- Maintain impartiality and objectivity: without bias or prejudice, considering the rights and well-being of both the suspect’s family and the villagers. She should focus on gathering objective information and evidence to establish the truth.
- Compassion: towards the family of the victim, who lost a 7-year-old boy.
- Communicate and empathize: Identify connection, like village elders or victims’ family members. In the movie “To Kill a Mockingbird” defense attorney Atticus Finch’s daughter recognizes one of the mob’s leaders and asks him innocently to say hi to his son for her. So clearly this solution invokes community connections.
- Educate and inform: the villagers about the legal process, emphasizing the importance of due process and the presumption of innocence. Kiran Bedi educated prisoners in Tihar Jail through literacy programs, vocational training, higher education, and rehabilitation initiatives.
- Community engagement and empowerment: By promoting dialogue, fostering trust, and empowering communities and individuals. Rajesh Babu, an IPS officer from Tamil Nadu during the COVID-19 pandemic wore a helmet designed to resemble the coronavirus while conducting vehicle checks to raise awareness.
As Chhaya Sharma says “Being a police officer doesn’t mean you have to emulate machismo to show your strength. Inner steel is more important–and women have lots of it.” Anmol shouldn’t get overwhelmed and intimidated by the mob and should act with conviction, compassion, and courage.
- It is often seen that people are quick to take law into their hands. What are the probable reasons behind that? Suggest ways to prevent such occurrences.
Synopsis:
The propensity for people to take the law into their own hands can stem from various factors:
- Lack of trust in the justice system: By 2021 there were around 4.5 crore pending cases across all courts, they may resort to vigilantism out of frustration or a belief that they can deliver immediate justice.
- Perceived injustice or inequality: seeking what they believe to be fair outcomes.
- Emotionally charged: by strong emotions like anger, fear, or grief, they may be more susceptible to taking the law into their own hands. As in this case when they lose a 7 year old boy.
- Weak law enforcement: As per Lokniti survey less than 25% of Indians trust the police highly. In this case too the villagers might believe the police won’t enforce justice.
As Gary S. Becker said, “It is really the certainty of punishment that deters crime and not the severity of the punishment.” The first steps towards controlling mob vigilantism is enforcing trust in justice and law enforcement.
- Improve law enforcement capabilities: There are only 144 police officers for 1 lakh citizens making India’s police force one of the weakest in the world.
- Encourage alternative dispute resolution mechanisms: Having permanent Lok Adalats can help increase trust in the judicial system by providing a platform for fair and speedy resolution of disputes.
- Promote legal awareness and education: For instance, The Legal Services Committee of Delhi conducts legal awareness programs in collaboration with NGOs, schools, colleges, and community organizations.
- Community involvement: such as the Janamaithri Suraksha Project and Student Police Cadet Program in Kerala. These measures improve situational awareness through information sharing, neighborhood watch systems, and community engagement.
The police should ensure that it is the certainty of being punished and not the horrifying spectacle of public punishment that must discourage crime.
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