Parliamentary Democracy

24 Feb Parliamentary Democracy

This article covers “Daily Current Affairs”  and topic details of the Parliamentary Democracy

SYLLABUS MAPPING:

GS-02- Indian Polity and Governance – Parliamentary Democracy

FOR PRELIMS

What are various form of Government. Key features of Indian Parliamentary form of democracy. Constitutional Provisions.

FOR MAINS

Why in the News?

India’s parliamentary democracy has been in focus due to disruptions in proceedings, governance debates, and demands for reforms. Reports from the Sarkaria and Punchhi Commissions highlight systemic issues. Recently, Lok Sabha Speaker Om Birla emphasized India’s democratic success, citing 75 years of resolving challenges through dialogue. He also stressed the role of educators and technological advancements like simultaneous interpretation in 22 languages and digitization of parliamentary debates.

What is Parliamentary Democracy?

Parliamentary democracy is a system of governance where the executive derives its legitimacy from and is accountable to the legislature. The head of the government, typically a Prime Minister, is chosen from the majority party in the legislature and is responsible for policy implementation. Unlike a presidential system, where the head of state is directly elected by the people and remains independent of the legislature, a parliamentary democracy integrates the executive and legislative branches, ensuring a system of collective responsibility.

Key Features of Parliamentary Democracy:

1. Collective Responsibility (Article 75, 164) – The Council of Ministers is collectively responsible to the legislature, ensuring accountability.
2. Bicameral Legislature (Article 79-122) – India has a two-house system, consisting of the Lok Sabha and Rajya Sabha.
3. Prime Minister as Head of Government (Article 74, 75) – The Prime Minister leads the government, while the President remains the nominal head.
4. Fusion of Powers – The executive is derived from the legislature, unlike the presidential system where powers are strictly separated.
5. Party System and Whip (Tenth Schedule, Anti-Defection Law) – Political parties play a significant role, and the whip system enforces party discipline.
6. Dissolution of the Lower House (Article 83(2), 85(2)(b)) – The Lok Sabha can be dissolved before its tenure ends on the Prime Minister’s recommendation to the President.
7. Judicial Review (Article 32, 136, 226) – Unlike the UK, India’s judiciary has the power of review to ensure constitutional compliance.
8. Parliamentary Privileges (Article 105, 194) – Provides special privileges to ensure the smooth functioning of Parliament and State Legislatures.

Features of India’s Parliamentary System

1. Elected Head of State (President) – Unlike the UK, where the monarch is hereditary, India’s President is elected.
2. Lok Sabha and Rajya Sabha – Similar to the UK’s House of Commons and House of Lords.
3. Judicial Review – Unlike the UK, where parliamentary sovereignty is absolute, India follows the doctrine of judicial review, allowing courts to strike down unconstitutional laws.
4. Federal Structure with a Strong Centre – Unlike the UK’s unitary system, India has a quasi-federal structure with a powerful central government.
5. Collective Responsibility – The Council of Ministers is collectively responsible to the Lok Sabha, ensuring accountability.
6. Separation of Powers with Overlap – While the executive and legislature are interconnected, an independent judiciary ensures checks and balances.
7. Anti-Defection Law – Prevents political instability by disallowing members from switching parties without consequences.
8. Representation of States and Union Territories – Rajya Sabha provides states and UTs a platform for legislative participation.
9. Prime Minister as the Leader of the Executive – The Prime Minister is the head of government, deriving authority from the majority in the Lok Sabha.
10. Role of the Speaker – The Speaker of the Lok Sabha plays a crucial role in maintaining legislative discipline and impartiality.
11. Parliamentary Committees – These enhance legislative oversight, policy evaluation, and governance efficiency.

India vs UK: A Comparative Analysis

Why Did India Adopt the Parliamentary System?

1.Historical Legacy – India was under British rule for nearly two centuries, and the parliamentary system was a familiar model.
2.Diversity and Pluralism – A parliamentary system allows for better representation of India’s diverse population and accommodates coalition politics.
3. Accountability and Responsiveness – Ministers are directly accountable to the legislature, ensuring continuous scrutiny of government actions.
4.Flexibility and Stability – While coalition politics can be unstable, it also allows for a broad-based consensus in governance.
5.Experiences of Other Countries – The presidential system in countries like Pakistan has faced challenges related to dictatorship and instability, reinforcing India’s decision.

Issues with India’s Parliamentary System

1. Frequent Disruptions and Inefficiency – Parliamentary sessions often witness disruptions, reducing productivity.
2. Coalition Politics and Political Instability – Weak coalitions lead to policy paralysis and frequent government changes.
3. Excessive Control by the Executive – The dominance of the Prime Minister’s Office (PMO) reduces parliamentary oversight.
4. Anti-Defection Law Issues – While designed to prevent political defection, it sometimes stifles dissent within parties.
5. Criminalization of Politics – A significant number of lawmakers face criminal charges, undermining governance.
6.Lack of Inner-Party Democracy – Political parties in India often function without transparency and internal democracy.

Recommendations for Reform

1. Administrative Reforms Commission (ARC):- Strengthen parliamentary committees for better legislative scrutiny. Improve executive-legislature coordination to enhance governance. Enhance Rajya Sabha’s revising role to improve lawmaking.
2. Sarkaria Commission :- Advocate for greater state autonomy within the federal structure. Restrict misuse of Article 356 (President’s Rule) to uphold state rights.
3. Punchhi Commission :- Implement fixed tenures for assemblies to avoid frequent elections. Establish clearer guidelines for Governor appointments to ensure impartiality.
4. Law Commission & Supreme Court Judgments :- Reform electoral laws to curb criminalization of politics and ensure fair representation.
(a) Kesavananda Bharati Case (1973) :- Reinforced the Basic Structure Doctrine, safeguarding parliamentary democracy.
(b) Lily Thomas Case (2013):- Disqualified convicted lawmakers from holding office, enhancing political accountability.
(c) Dinesh Trivedi Committee Report :- Recommended transparency in political party funding to reduce corruption.
5. Other Key Recommendations:- Introduce a constructive no-confidence motion to prevent government instability.Strengthen anti-defection laws while allowing genuine dissent within parties.Encourage inner-party democracy to reduce high-command culture.Increase the role of parliamentary research and expert consultation in policy-making.Promote digital innovations like e-Parliament for greater transparency and accessibility.

Case Studies

1. Indira Gandhi’s Emergency (1975-77) – Demonstrated the concentration of power within the executive and the risks of a weakened legislature.
2.Vajpayee Government (1999-2004) – Showcased coalition stability within the parliamentary framework.
3. Manmohan Singh’s Tenure (2004-2014) – Highlighted the limitations of a parliamentary system where the Prime Minister lacked direct electoral legitimacy.
4.Narendra Modi’s Government (2014-Present) – Strengthened the role of the Prime Minister within the parliamentary system but also raised concerns about centralization of power.

Conclusion

India’s parliamentary democracy has been successful in ensuring political representation, stability, and accountability. However, challenges such as inefficiency, political instability, and executive dominance necessitate reforms. Strengthening parliamentary committees, promoting inner-party democracy, and implementing the recommendations of various commissions can enhance the system’s effectiveness. While debates on adopting a presidential system occasionally emerge, the parliamentary system remains best suited to India’s diverse and pluralistic society. The way forward lies in refining and strengthening the existing framework rather than replacing it altogether.

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