Put House In Order

Parliamentary procedures require a thorough revamp.

Written by Chakshu Roy | Published:December 12, 2016 12:02 am
President Pranab Mukherjee President Pranab Mukherjee

The president has made repeated pleas for the proper functioning of Parliament. In 2012, at the platinum jubilee celebrations of the Tamil Nadu Vidhan Sabha, he highlighted the need for collective thinking to avoid disruption. On multiple occasions, he has referred to debate, dissent, and decision being the three Ds of democracy and called the disruption of parliamentary proceedings unacceptable. His comments, over the years, critique the decline in debate in Parliament.

Washout of parliament sessions has resulted in the weakening of government accountability and ineffective legislative scrutiny. The situation has reached a stage where, on a few occasions, presiding officers have used the word anarchy to describe proceedings in their house of parliament.

In 2009, a committee was set up to suggest structural reforms to the House of Commons in England. The first paragraph of the report of this committee reads, “We have been set up at a time when the House of Commons is going through a crisis of confidence not experienced in our lifetimes… Public confidence in the House and in Members as a whole has been low for some time, but not as low as now.” The situation is no different in India. There is an urgent need to overhaul parliamentary functioning. It will require changes to the Constitution and the rules of procedures of Parliament.

Disruptions in Parliament are symptoms of a fractured political environment where bipartisanship is hard to come. Individual MPs have a greater role to play in such situations. But in our constitutional framework, individual lawmakers have limited involvement in Parliament’s functioning. They neither control the convening of Parliament nor have the freedom to vote on issues. It means that government has no incentive to engage with individual MPs.

The first constitutional change that we need is to empower our legislators to call for a session of Parliament. In many democracies (the US and UK) legislatures meet for an entire year with prefixed calendars. Our Parliament meets for a limited number of days decided by the government. Empowering MPs to call for a session of Parliament will ensure that they can summon Parliament and hold government accountable on their terms. In some countries, the president can convene a session of parliament on a request of a specified number of MPs.

Another change that is needed urgently is the repeal of the anti-defection provisions specified in the Constitution. Over the last three decades, these provisions have gagged the individual voting voices of our parliamentarians. Leaders of political parties do not have to convince MPs either from their party or other parties about the merits of a discussion on a policy issue or legislation. They only negotiate with leaders of other parties who have the power to regulate the vote and voices of their MPs. It defeats the purpose of ideas and debate in a legislature. The events in Uttarakhand and Arunachal Pradesh this year have highlighted that anti-defection law will not guarantee political stability. Its removal will bring the vibrancy of debate back to our legislatures.

Over the years, we have only undertaken minor tweaking of the rules of procedure of Parliament. We have now reached a stage where these rules require significant structural changes to keep up with the changing political environment. The government exploits the discretion available in these rules to complete its legislative business at the cost of debate and parliamentary scrutiny. They need to be changed to ring fence the legislative process so that passing of bills without parliamentary scrutiny becomes impossible. The rules are also designed to focus on government business and do not give opposition parties the opportunity to set the agenda for discussion in Parliament. The rules require changes to prevent Parliament from becoming a forum for debating issues agreeable to, and on terms of, the government.

At the beginning of this century, a commission was appointed to review the working of our Constitution. Now is the time to examine our parliamentary system. If we fail to do so, the world’s largest democracy will be left with a hollow institution.

The writer is head of outreach, PRS Legislative Research.

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  1. K
    K SHESHU
    Dec 12, 2016 at 2:18 pm
    Not procedure, politicians are main problem in conduct of the hour and they should be addressed first
    Reply
    1. A
      Aemy
      Dec 12, 2016 at 5:08 pm
      so many ads.. too irritating @IndianExpress
      Reply
      1. K
        Kuldeep Saxena
        Dec 12, 2016 at 4:02 pm
        Our democratic system need some reforms to face the growing man-made crises and that is the non functioning of our parliament the responsibility lies with our learned but undemocratic behavior in the globes one of the biggest democracies. Most of the working days are washed away without any business leading to loss of millions of rupees each day and leading to loss of money on one hand on the other no work or progress on development of the nation. Both opposition as well the ruling party owes the responsibility. It needs a panel to work out strategy for holding our parliamentarian responsible as well recommend for the deduction from their ries for non working or disruptive sessions of parliament. For the purpose need for consution of a panel that may comprise of a team CAG, retired Judges from Supreme Court , some of the eminent personalities to have unbiased opinion. But definitely we must understand what way the game plan work on disruptive sessions of both the houses of Parliament.
        Reply
        1. H
          HILARY
          Dec 12, 2016 at 6:35 am
          This so-called world's largest democracy is running on a system that is imported and foreign to native Indian genes. It cannot be reformed for obvious reasons. It needs to be demolished, to be replaced by a "Make in India" system.
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          1. M
            M.P.Rao
            Dec 12, 2016 at 3:54 pm
            Minimum number of days during which both Houses of Parliament should work in a year should be prescribed. If on account of disruptions no business is transacted the deficiency should be made up by making both houses to work for additional number of days.The expenditure for working on additional number of days should be borne by all members of parliament.
            Reply
            1. A
              Avinash
              Dec 12, 2016 at 3:29 am
              India has had elections almost every five years, not counting Emergency imposed by Indira hi, whose gchild is creating havoc inside the Parliament Chamber. He thinks himself to be the chosen one. It will p
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              1. P
                Parth Garg
                Dec 12, 2016 at 8:08 am
                Rules and procedures are handmaids of human being. What is needed to change is the mindset - the adamency of ruling dispensation and hurt reaction by opposition.
                Reply
                1. P
                  Pmg Pillai
                  Dec 11, 2016 at 11:52 pm
                  Semocratic priciples and cceted nors andpractces only to be used the actionof theoppositionsting the function of the pariaent is certailt ANRI demcrtic and can not be tolerted by right thnking people. It istime the oppostion apply their mind towards this issue impartilly they must not misuse their previlee in this maner whichif aayzed is against atinlinterest dated monday December 12th 2016time0520hrs ist
                  Reply
                  1. V
                    Vihari Naidu
                    Dec 12, 2016 at 4:41 am
                    May be the first amendment should be to enforce the attendance of the Prime Minister who is busy attending election rallies instead of parliament and still withdrawing taxpayers money.
                    Reply
                    1. V
                      Vihari Naidu
                      Dec 12, 2016 at 4:42 am
                      That explains why Modi is running away from parliament. Disaster evacuation like Ratan Tata said, describing demonetisation.
                      Reply
                      1. M
                        Mohajjar
                        Dec 12, 2016 at 3:10 pm
                        First we must acknowledge that our founding fathers of Indian Consution lacked the vision to forsee such kind of scenarios.
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                        1. S
                          schroedingers cat
                          Dec 12, 2016 at 6:24 am
                          At least PM has a day job. Did you bother to ask your pappu to attend? He is the worst parliamentarian with the worst attendance record. He has given less than 20 speeches in the last ten years. He has never attended parliamentary committee meetings, never asked any question during question hour. And you have the gall to ask this while remaining silent for 10 years, you hypocrite?
                          Reply
                          1. S
                            schroedingers cat
                            Dec 12, 2016 at 6:25 am
                            Why pappu's record is so poor in Parliament? Never attends sessions, never attends panel meetings, never asks a question, what other job does he have?
                            Reply
                            1. R
                              Raman Govindan
                              Dec 12, 2016 at 8:05 am
                              every MP should speak only with the permission of the speaker. ifthey violate it, they should be barred entrance to the parliament's complex for a week. if t hey repeat again it should be for a month. again for 3 months.
                              Reply
                              1. R
                                Ravindra
                                Dec 12, 2016 at 6:24 am
                                Author is correct that Parliament procedures need a lot of modifications. Expecting these self serving MPs to do it themselves , is too much.lt;br/gt;Also, author wants anti-defection law repealed. Is nation sure that MPs will behave and vote in interest of the nation? I am sure , many MPs are not likely to do that. They will only worry about their own pressure groups, which will not worry about nation. When they have to vote as per party line, at least the party leader has to worry about reaction in the nation. There are parties who do not have to worry about that, but usually they are quite small.lt;br/gt;lt;br/gt;Main reform required is to make MPs compulsory to attend to business of making or rejecting laws. Disruption should automatically disqualify the MP for balance term and ejection from house immediately. [If your kids behave in school like our MPs, they will be ejected from school in no time.]. This aspect is being treated very softly - as a result of our agitation history for independence. Today's MPs are just taking undue advantage by inventing imaginary reasons and insults and blocking the parliaments. If they are not ready to do their jobs, they can get out of parliament.
                                Reply
                                1. S
                                  SP
                                  Dec 12, 2016 at 7:55 am
                                  It should be speakers job to run the house and not that of the Government. The way referee operates any misbehaving persons should be shown the door with Yellow Card and Red card systems. The house should be bipartisan and very few bills there should be whips. The MPs should not follow their leader like sheep. Why should still there be a debate on which rule to use to debate? Have voting on all discussions. Reserve some days only for legislative activities. Start the house at 9AM, instead of 11 AM. Encourage bipartisan legislation and active Legislators.
                                  Reply
                                  1. B
                                    Bharat
                                    Dec 12, 2016 at 6:51 am
                                    Need to work seriously, how the Govt should accountable to the parliament. In this session we have seen, how PM ignored the parliament, and the Govt direct/indirectely not allowed for the discussion, instead of 2 way discussion, our PM opted one way communication, ie went to public and speak outside parliament, not answerable to anyone, or no one allowed to raise any question in the public meeting..it is serious for our democracy..we are simply ignoring importance of the insution, we should remember our parliament have elected the PM, not directly people(we don't have direct PM election process from public), so the Govt should accountable to the parliament.
                                    Reply
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