What is Parliamentary democracy? Examine the functioning of Parliamentary democracy in India in recent decades.

Introduction

Indian constitution follows the British legacy of Parliament democracy where it aims to   lay down a responsible government in which the executive is responsible to the legislature

Body

Constitution provides for the legislature to make laws, the government to implement laws, and the courts to interpret and enforce these laws.  While the judiciary is independent from the other two branches, the government is formed with the support of a majority of members in the legislature

Features of a democracy parliamentary system

Dual Executive, Majority Party Rules ,Collective Responsibility, Politicalhomogeneity, Double memberships, Leadership of Prime Minister, Dissolution of lower house, Fusion of Powers

Functioning

• Council of Ministers including the Prime Minister are collectively responsible to the Lok Sabha. Often our Prime Ministers are not from the Lok Sabha but from the Rajya Sabha. His responsibility being to the Lok Sabha
• the 16th Lok Sabha, question hour has functioned in Lok Sabha for 77% of the scheduled time, while in Rajya Sabha it has functioned for 47%
• there is no mechanism currently for answering questions which require inter-ministerial expertise or relate to broader government policy
• Increasing criminalization.
• despite the pendency of many important pieces of legislations — the Personal Data Protection Bill, 2019, Dam Safety Bill, 2019, Medical Termination of Pregnancy Amendment Bill, 2020, Anti-Maritime Piracy Bill, 2019, Maintenance and Welfare of Parents and Senior Citizens Bill, 2019 — the winter session has been guillotined.
• During the 2013 budget session, of the 163 hours available, 146 hours were lost due to disruptions
• Ordinance, as the preferred legislative route, is being misused as a constitutional tool and Parliament is increasingly ceasing to be a place for debates.
• During the 2018-19 budget, 100 per cent of the demands for grants were passed without discussion. The Farm Bills’ passage was the apogee of all brazen violations and subterfuges
• 15th Lok Sabhas, 60 per cent and 71 per cent bills, respectively, were referred to such committees, whereas in the 16th Lok Sabha, only 25 per cent bills were referred. Not a single bill has been referred to committees in 2020
• The Aadhaar Bill was certified as a Money Bill. Having nothing to do with the imposition, abolition or alteration of taxes nor with financial obligations of the government, it was so certified simply to avoid Rajya Sabha scrutiny
• issue is now pending before a larger apex court bench, but judicial delays are inevitably used to bypass Parliament
• Question Hour was suspended to avoid legislative scrutiny
• unaudited PM Care Fund to take care of the ruling dispensation
• Concerned minister while replying to the debate may make assurances to the House regarding steps that will be taken to address the situation.

 As of August 2017, 50% of the assurances made in the 16th Lok Sabha(from2014) have been implemented

Case study:

• Countries such as the UK, the Prime Minister’s Question Time is conducted on a weekly basis. During the 30 minutes the Prime Minister answers questions posed by various MPs
• Improve government accountability in Parliament, the opposition in some countries such as the UK, Canada, and Australia forms a shadow cabinet

 Vice president Recommendations

Review of the whip system which is “stifling reasonable dissent even on non-consequential matters”.

Set up special courts for time-bound adjudication of criminal complaints against legislators.

Pre and post legislative impact assessment.

Address problem of rising number of legislators with criminal background.

Governments should be responsive to opposition and opposition to be responsible and constructive while resorting to available parliamentary instruments