The Diminishing Indian Parliament Introduction 

• The Indian Parliament, often referred to as the “temple of democracy,” is the highest legislative body in the country, embodying the democratic will of the people.
• As the cornerstone of India’s democratic governance, Parliament plays a critical role in lawmaking, holding the executive accountable, and representing the diverse voices of the nation. 
• However, in recent years, the Indian Parliament’s effectiveness has been steadily declining. 

Current Status of Indian Parliament Functioning

• Reduced Sitting Days: The number of days Parliament meets annually has significantly reduced over time.

• • • The average annual sitting days of the first Lok Sabha, with Prime Minister Jawaharlal Nehru as the leader of House, was 135 days, and the 17th Lok Sabha sat only for 55 days on average in a year. 
    • According to PRS Legislative Research, the 17th Lok Sabha held 274 sittings and the four previous Lok Sabhas, all of which were dissolved before the stipulated five-year period, had fewer sittings.

• By comparison, the British Parliament meets for 150-170 days annually, and the U.S. Congress for about 260 days each year, which shows how much legislative work is being sacrificed in India.

• Increased Use of Ordinances: India has increasingly relied on ordinances as a method of bypassing the regular legislative process. 

• Since 1950, over 750 ordinances have been issued, with 76 ordinances passed between 2014-2023.

•  The Farm Ordinances (2020) are a key example, bypassing pre-legislative scrutiny and reflecting a growing dependence on the executive to enact laws without proper legislative debate.

• Erosion of Budget Scrutiny:  In the 2023 budget session, over 75% of Demand for Grants were passed without any discussion, and only 11% of budget expenditure underwent detailed scrutiny. This marks a significant erosion of Parliament’s role in effectively scrutinizing government expenditure, further weakening its oversight function.

• Marginalization of the Opposition: The 2023 session saw the suspension of 146 opposition MPs for demanding discussions on critical issues like security breaches. This marginalization of opposition voices has resulted in a less inclusive and transparent legislative process, undermining the democratic nature of Parliament.

• Decline in Productivity: One of the most concerning trends in recent years has been the dramatic decline in Parliament’s productivity. 

• According to PRS Legislative Research, the 17th Lok Sabha (2019-2024) recorded a productivity rate of just 47%, one of the lowest in recent history.

•  During the 2023 monsoon session, productivity in the Lok Sabha dropped to 18% and 28% in the Rajya Sabha, with significant time lost to disruptions and adjournments. This inefficient use of time severely hampers the legislative process and delays the passage of critical bills.

• Decline in Debates and Discussions: Debates and discussions in Parliament have also significantly reduced in quantity and quality. 

• The 2023 Budget session saw only 12 hours of debate, compared to 123 hours in 1990. Furthermore, key bills are often passed with minimal discussion.

•  For example, in the 17th Lok Sabha, 42% of bills were passed with less than 30 minutes of debate. 

• A striking example of this is the Farm Laws (2020), which were passed in a mere 7 minutes in the Rajya Sabha without proper division or in-depth discussion, bypassing democratic scrutiny.

• Absence of a Deputy Speaker in the 17th Lok Sabha: The 17th Lok Sabha was the first ever to function without a Deputy Speaker, a constitutionally mandated position. Article 93 of the Constitution requires that the Lok Sabha elect a Speaker and a Deputy Speaker as soon as possible. 

What are the Reasons Behind the Decline of the Indian Parliament? 

• • Diminishing role of Parliamentary Committees: Parliamentary committees, which are essential for scrutinizing bills and holding the government accountable, have seen a significant decline in their role. 
    • These committees now scrutinize only about 25% of bills, down from 60-70% in the 1990s. Important legislation, such as the Unlawful Activities (Prevention) Amendment Act (2019), has bypassed committee scrutiny. 
    • Additionally, committees like the Public Accounts Committee (PAC) and Departmentally Related Standing Committees (DSC) are under-resourced and lack the necessary authority to function effectively.
  • Loss of Parliamentary Influence: Significant laws such as the Jammu and Kashmir Reorganization Act and Citizenship Amendment Act (CAA) have been pushed through Parliament with little debate or scrutiny, leading to concerns about the hollowing out of Parliament’s role. These laws, which have far-reaching consequences, were passed with limited or no discussions, further eroding Parliament’s legislative credibility.

• Erosion of Checks and Balances: The increasing dominance of the executive has reduced Parliament to a mere rubber stamp.

•  Frequent use of the ordinance route, the misuse of the Money Bill provision (as seen in the Aadhaar Act, 2016), and weak enforcement of the anti-defection law have all contributed to curbing the voice of MPs.

•  The Speaker’s increasing partisanship (e.g., delays in disqualification decisions, such as in the Keisham Meghachandra v. Speaker, Manipur (2020) case) has further marginalized Parliament’s role in decision-making.

• Frequent Disruptions: Frequent disruptions have become commonplace, especially in the 17th Lok Sabha, where 40% of its time was lost to protests and adjournments. 

• During the 2023 monsoon session, the Lok Sabha lost 55% of its time, and the Rajya Sabha lost 60%. 

• Such disruptions have not only wasted time but have also created an environment where neither the government nor the opposition can engage in productive debates, affecting legislative productivity.

• Political Polarization: The growing political polarization in the country has made bipartisan cooperation increasingly difficult. 

• Although there are rare instances like the GST Bill (2016), most legislative processes are now marked by lack of consensus.

•  The absence of bipartisan cooperation undermines the quality of debates and makes it difficult for Parliament to reach decisions that represent the broader interests of the nation.

• Inadequate Research Backing: Unlike their counterparts in the U.S. Congress or the UK Parliament, Indian MPs lack access to independent research and analysis. The absence of a Parliamentary Budget Office (PBO) means MPs cannot effectively scrutinize fiscal policies or understand the long-term implications of proposed budgets, limiting their ability to hold the executive accountable.
• Judiciary Stepping into Legislative Gaps: In some instances, the Supreme Court has stepped in to fill the legislative vacuum, as seen in the Kalpana Mehta v. Union of India (2018) case. 
  • While judicial oversight is important, the judiciary sometimes overshadowing Parliament’s role, such as in the National Judicial Appointments Commission (NJAC) case (2015), weakens Parliament’s role in shaping laws and policies.
• Weakening of Parliamentary Dialogue: Debates in Parliament have often descended into personal attacks, sloganeering, and walkouts, reducing the quality of intellectual contributions. For instance, in the 2021 Winter Session, the opposition staged walkouts during discussions on key bills, including the Repeal of the Farm Laws and other crucial legislation. As a result, legislative debates are no longer focused on policy discussion but rather on political theatrics, diminishing the value of debates in making informed decisions. 
• Political Mafia Culture: According to an ADR report, 46% of candidates running for elections have criminal cases against them, and a staggering 93% are crorepatis (multi-millionaires). This criminalization of politics weakens the credibility of Parliament and undermines the moral authority of the institution.
• Absence of Structural Reforms:  The absence of institutional reforms has contributed significantly to the decline of Parliament. 
  • Despite recommendations from bodies like the M.N. Venkatachaliah Committee (2002) and the 2nd Administrative Reforms Commission (ARC), critical reforms such as limiting the number of ministers and strengthening parliamentary oversight have not been implemented, leading to continued inefficiencies in Parliament.

Impacts of the Decline in Indian Parliament

• Rushed and Ineffective Laws: The decline in Parliament’s effectiveness results in hasty legislation that is often poorly drafted, leading to ambiguous laws and flawed implementation. As per the PRS Study,35% of Bills were passed with less than an hour of discussion in Lok Sabha. Only 16% of the Bills were referred to Standing Committees for Parliamentary scrutiny. 
  • The J&K Reorganisation Bill, 2019 and the Women’s Reservation Bill, 2023 were passed within two days of their introduction. 
  • A notable example of this is the Farm Laws (2020), which were pushed through Parliament with minimal debate and were later repealed after significant public opposition and protests.
  • Similarly, the GNCTD (Amendment) Act, 2021, was enacted without adequate parliamentary scrutiny, leading to controversy and policy backtracking.

• • Erosion of Public Confidence: The growing ineffectiveness of Parliament has led to a significant loss of public trust.
    •  According to the Lokniti-CSDS (2021) survey, only 27% of citizens fully trust Parliament, a dramatic drop from 49% in 2005. 
    • The ADR (2023) report highlighted that 68% of people feel that MPs do not represent citizens’ interests effectively. This disconnect between Parliament and the people it is meant to represent reflects a decline in public confidence in democratic institutions.

• Erosion of Democracy: One of the most concerning outcomes of the decline in parliamentary functioning is the erosion of democratic checks and balances. 

• The CAG’s 2021 report on the PM-CARES Fund emphasized the lack of parliamentary scrutiny over crucial financial decisions.

•  This absence of accountability and transparency undermines the democratic foundations of the country, leading to potential misuse of public funds and a shift towards autocratic decision-making by the executive.

• Regional Dissatisfaction: Another significant impact of parliamentary decline is the growing Centre-State tensions. Regional voices are increasingly being sidelined, contributing to discontent among states. 
  • For instance, Tamil Nadu’s opposition to NEET and debates over Hindi imposition have led to friction between states and the central government. 
  • The diminished role of the Rajya Sabha, which was designed to represent the states, has undermined the federal structure. 
  • Moreover, the GST Council, though a significant reform, has been criticized for centralizing fiscal powers, reducing the autonomy of states in fiscal matters.
• Effects on Administration: The lack of parliamentary scrutiny has led to poorly executed policies that have had far-reaching consequences. 
  • A prime example is demonetization in 2016, which was implemented without sufficient debate in Parliament. This policy move caused widespread economic disruption and failed to achieve its intended objectives. 
  • When Parliament fails to critically examine government policies, the risk of flawed implementation increases, which directly impacts governance and policy effectiveness.
• Judiciary-Legislature Imbalance: As parliamentary action falters, the judiciary has stepped in to set policy direction, sometimes encroaching on Parliament’s domain. 
  • Judicial overreach has become more prominent, as seen with landmark decisions such as the Vishaka Guidelines (1997), the Right to Privacy case, and Passive Euthanasia rulings. 
  • While the judiciary plays an important role in upholding constitutional rights, it has occasionally overshadowed the legislative role of Parliament, further weakening its authority.
• Passing of Private Members’ Bills (PMB) and Resolutions:   An impact of fewer sittings is that total 729 PMBs were introduced in the 17th Lok Sabha, which is higher than all the previous Lok Sabhas except the 16th. However, only two of them were discussed. During the same period, 705 PMBs were introduced in Rajya Sabha, and 14 were discussed. Till date, only 14 PMBs have been passed and received assent. None have been passed in both Houses since 1970. 

Way Forward

• • Form a Parliamentary Fiscal Oversight Office: A Parliamentary Budget Office (PBO), similar to the U.S. Congressional Budget Office, would provide independent analysis of fiscal policies. 
    • This would enable MPs to better scrutinize the annual budget and assess the effectiveness of government spending. 
    • Such an office would significantly enhance Parliament’s ability to hold the executive accountable for its fiscal decisions, promoting transparency and fiscal discipline.
  • Overhaul Defection Provisions: The Law Commission’s 170th Report advocates limiting the anti-defection law to only confidence and money bills. 
    • This reform would allow MPs to express their views freely and dissent without the fear of disqualification, promoting more constructive debates. 
    • Empowering Parliament to dissent without fear of consequences would strengthen the democratic process and encourage responsible opposition.

• Restrict Abuse of Financial Legislation:  The misuse of the Money Bill provision must be addressed by implementing the Supreme Court’s recommendations in cases such as Rojer Mathew and Puttaswamy. This would prevent the executive from bypassing Parliament and ensuring that important legislation does not get passed without adequate debate and scrutiny.

• Extend Parliamentary Sessions: One of the first steps to revitalizing Parliament is to increase its sitting days. Parliament should meet for at least 100 days annually, as recommended by the NCRWC (2002). 
  • This would allow for more time to discuss important national issues and pass laws with adequate scrutiny. 
  • The Rajya Sabha Committee (2008) further suggested having a fixed calendar and a minimum number of sitting days each year to ensure Parliament functions effectively.
  •  In 1955, the General Purposes Committee of the Lok Sabha explored the idea of a fixed Parliamentary calendar. Then again in 2002, the National Commission to Review the Working of the Constitution, emphasised the need for a minimum number of sittings. Unfortunately, these proposals have still not been implemented.   
• Encourage Cross-Party Cooperation and Integrity: There is a need to encourage bipartisan cooperation in Parliament to foster a more collaborative environment. Creating all-party committees and encouraging discussions on important bills can help promote constructive debate. 
  • Additionally, the Speaker should facilitate dialogue and enforce a code of conduct for MPs to ensure ethical behavior and parliamentary decorum.
  •  The V. Ramaswami Committee (2001) emphasized the importance of maintaining ethical standards in Parliament, which should be actively promoted.
• Increase Citizen Engagement: Parliament should embrace digital platforms to increase public participation in the legislative process. 
  • Platforms like MyGov can be expanded to allow the public to participate in debates and consultations on key policies and bills.
  •  This would increase transparency and ensure that Parliament remains connected to the people it represents.
• Enhance Committee Functioning: To improve the legislative process, parliamentary committees must play a more robust role in scrutinizing bills before they are passed. 
  • As per the Standing Committee on Personnel, Public Grievances, and Law (2018), all bills should be referred to parliamentary committees for detailed scrutiny. 
  • Committees should be given sufficient resources and research support to conduct thorough evaluations of proposed legislation, ensuring that bills are well-prepared before they are debated in the full House.
• Enhance Institutional Competence: Training and development for MPs should be prioritized to ensure they are well-equipped to handle the complexities of their role. 
  • The National Legislators’ Conference and training programs for MPs should be expanded to include learning about legislative procedures, ethics, and the importance of public accountability. 
  • A strong code of conduct, as suggested by the V. Ramaswami Committee (2001), should be promoted to encourage MPs to act responsibly and in line with democratic values.
• Ensure Judicial Moderation and Legislative Alertness: While judicial intervention is necessary in cases of constitutional violations, the Supreme Court must avoid encroaching on Parliament’s legislative domain. 
  • The NJAC case (2015) serves as an example of where judicial activism must be balanced with legislative autonomy.
  •  The Rojer Mathew v. South Indian Bank (2019) case also emphasized the importance of Parliament respecting the role of the Rajya Sabha in legislative matters, and this must be upheld.