Democracy and Legislation: Lack of Parliamentary Debates negates the Constitution and accountability to the People

Democratic principles have long been accepted as the cornerstone of Free India. Reaching beyond a mere organizational setup, democracy has been treated as the ideal through which equality and justice are sought to be ensured for the people.

Despite the well-recognised principles of equity and transparency in the practice of democracy, it is well established that various Governments, on many occasions in independent India’s history, have resorted to flouting constitutional democratic principles for personal gain; the widely criticized imposition of emergency under Indira Gandhi is one such example. It evident that the Indian people are once more confronted by a situation where the government of the day is guilty of flouting of democratic norms. This article examines various instances of current parliamentary practices in this context.

60 per cent of proposals were referred to Standing or Select Committees during the United Progressive Alliance’s first term. During the UPA-II administration, this rose to 71 per cent. NDA’s first term from 2014-19 had a 27 per cent reference rate, while it’s second term, so far, has only 12 per cent rate.

Institutional norms and parliamentary procedures in India, especially for legislation making are designed to ensure space for debate, discussion and dissent. This operates as a system where all decisions are subjected to scrutiny by the people’s representatives. To that end, whether a ruling party adheres to parliamentary procedure speaks volumes about the respect accorded to to the constitution and democracy at large. To analyse whether the current government is adhering to parliamentary procedures and by extension, if it is truly democratic, one must first ascertain what exactly constitutes the ideal parliamentary procedure.

Parliamentary Procedure on Legislation Making: How Does A Bill Become An Act

Acts usually start as bills which simply put, is the draft of a legislative proposal. This bill may be introduced by public members or private members and requires passing in the Lok Sabha and Rajya Sabha as well as the president’s assent to become a law.

There are three stages through which a bill is passed in the parliament: these are known as the first, second and third reading respectively.

For the First Reading, the speaker puts forth the request for leave of the house, which if granted is used to introduce the bill. Following this stage is the second reading which entails general discussion. It is during this stage that the House may choose to refer the bill to a parliamentary committee for further input or even circulate it to gauge public opinion. During the second reading, parliamentary procedure states that a clause-by-clause reading must proceed and it is during this time amendments are moved. The second reading concludes with the adoption of ‘Enacting Formula’ and ‘Long Title of the Bill’. The next stage is the third and the last reading. At this Juncture, debates for and against the bill take place. For an ordinary bill, only a simple majority of the members present, and voting suffices, however for a constitutional amendment bill, in keeping with article 368 of the constitution, a majority of the house’s total members and at least 2/3^rd members present and voting is deemed necessary. Once this process is complete, the bill is sent to the other house of the parliament and goes through the same stages after which it is referred to the president for his assent.

Modi Government’s track-record of Passing of Bills

Leaders of opposition and Journalist reports have alleged that the aforementioned procedure has been cast aside by the current regime in favour of bulldozing the bills without debates. This argument is not without merit and one can identify some central ways in which the ruling party has violated parliamentary procedure.

The first and most grievous is the misuse of Article 123 also known as the Ordinance Route. Article 123 of the constitution permits the president to enact a temporary law in the event of urgent and unavoidable circumstances. It is clear that the Article 123 has been exploited by the current government.

During the first 30 years of our parliamentary democracy, for every 10 bills in the parliament, one ordinance was issued. In the following 30 years, this number went to 2 ordinances per every 10 bills. During the period 2014-2019 of the BJP government, this number went up to 3.5 ordinances per every ten bills. For perspective, while 61 ordinanceswere issued under the UPA government spanning ten years, the government led by the BJP issued 76 ordinances in a time frame of 7 years spanning from May 2014 to April 2021. It is also useful to note that ten of these ordinances were issued right before the 2019 Lok Sabha elections.

Astonishingly, as many as 11 ordinances have been passed since March 24^th, 2020, which is when the lockdown was imposed. Five of these relate to covid 19, two to the health sector, every other ordinance such as the Banking Regulation Amendment and the Agriculture bills do not have anything to do with the coronavirus pandemic.

States have also used ordinances to pass legislation. A non-BJP ruled state Kerala, for example, published 81 regulations in 2020, whereas Karnataka issued 24, and Maharashtra issued 21. Kerala has also re-promulgated ordinances: between January 2020 and February 2021, one ordinance to establish a Kerala University of Digital Sciences, Innovation, and Technology was promulgated five times.

Although previous administrations have utilized ordinances to undermine the constitutional process, the problem is decidedly amplified under the present rule with regards to the number of ordinances produced per given period.

This sort of rise in Ordinances being issued points to a trend of avoiding in-depth critical evaluation and discussion on proposals by rushing them into becoming acts.

One of the most controversial ordinances in the recent past pertains to the three farm laws. The reason for not introducing these proposals in the parliament and instead enacting ordinances is unclear for there seems to be no urgent link to the covid 19 pandemic. Additionally, the farm bills not being subjected to any discussions nor being referred to parliamentary committees for any further report making has led to removing any possibility for amendment. These laws provide a useful avenue to assess why the bill was not passed through a proper parliamentary process and instead rushed through the ordinance.

The ordinance culture has also extended to BJP run states, for instance, Uttar Pradesh, Madhya Pradesh, and Gujarat adopted ordinances weakening labour laws without consulting workers’ unions or civil rights organisations during the lockdown. Moreover, this was followed up on 15^th March 2020, when colonial-era legislation was enacted as an Ordinance. This was the Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance which would heavily fine any damage to property, public or private during a protest.

Moreover, the current administration can be observed violating the parliamentary procedure for there is very little or no involvement of parliamentary committees. Parliamentary committees are key in assessing a proposal with necessary scrutiny and expertise.  These committees provide a place for Members to interact with subject experts and government officials while they are studying a bill.

60 per cent of proposals were referred to Standing or Select Committees during the United Progressive Alliance’s first term. During the UPA-II administration, this rose to 71 per cent. Prime minister Modi’s first term from 2014-19 had a 27 per cent reference rate, while his second term so far has a 12 per cent rate. Not only is there a blatant and marked disregard for referring bills to parliamentary committees, but the administration has also actively worked to hinder committee work. A meeting of the Parliamentary Standing Committee on Information Technology on July 28, 2021, had to be cancelled owing to a lack of quorum when 15 BJP members refused to sign the attendance register, it is speculated this was to avoid the discussion on the Pegasus scandal.

Monsoon Session of Parliament

The most recent monsoon session of the Parliament is an apt depiction of how the administration has bypassed the norms and rules of parliamentary procedure, endangering the democratic processes that citizens invest faith in.

A record number of 12 bills were passed by the parliament in the first 10 days of the monsoon session. All these bills were passed by a voice vote which is a tremendously inaccurate mechanism to assess supporters of a particular proposal. None of these 12 bills nor the overall 14 bills were referred to standing committees for in-depth analysis.  According to TMC leader Derek O’Brien, the government rushed through and passed 12 Bills at an average time of under 7 minutes per bill. In the same vein, BSP MP Danish Ali commented that the Essential Defence Services Bill was passed in less than 10 minutes.

Be it the ordinance route, curtailing zero hour, the excessive use of voice vote or the bypassing of parliamentary committees, all point towards the same and devastating trend, the lack of adherence to parliamentary procedure. This must compel citizens to take stock of whether India needs a reminder on how democratic proceedings should proceed and accountability to the people be restored.

Feature Image: medium.com