Declining Role of Parliament : Vanam Jwala Narasimha Rao

 Declining Role of Parliament

Vanam Jwala Narasimha Rao

Telangana Today (02-05-2023)

(Lok Sabha has not taken an active role in monitoring the Executive on decisions they take from time to time ……. with just 58 average sitting days a year recorded as of now, the 17th Lok Sabha at best may sit for a maximum of 288 days. This could make it the shortest full-term Lok Sabha since 1952-Editor’s Note)

The hasty disqualification of Rahul Gandhi from the membership of Lok Sabha, consequent to his conviction by a Surat court to two years in jail in a criminal defamation case on March 23, and subsequent directions to him to vacate his official residence in Delhi were criticized by several national and State-level political leaders. They termed the action as the ‘height of Narendra Modi’s arrogance and dictatorship’, and stated that the ‘Modi government is abusing constitutional institutions like Parliament, for reprehensible actions’, etc. Rahul Gandhi vacated his residence on April 12. The Surat court also granted bail to him and suspended the sentence for 30 days.

An appeal challenging the conviction and for suspension of the two-year sentence and that he be ‘released on bail’ was filed by Rahul in the sessions court, which, on April 4, granted bail to him and suspended his sentence till the disposal of his appeal. On April 20, Rahul Gandhi’s appeal was dismissed and the court rejected his contention that he would face ‘irreversible and irrevocable damage’ if he is denied the opportunity to contest the election on account of his conviction not being stayed. The sessions court will hear on May 20 the second part of Rahul's plea, challenging his two-year sentence. The sessions court’s order was challenged in Gujarat High Court by Rahul on April 25, 2023. Thus, the case is in the High Court now.

Disqualification

Former Prime Minister Indira Gandhi, Rahul’s grandmother, was also disqualified from Lok Sabha membership. His mother Sonia Gandhi too faced the prospect. In the Lok Sabha elections after the Emergency, Indira Gandhi was defeated, but in 1978, she staged a comeback in a by-election from Chikmagalur. On November 18, 1978, then Prime Minister Morarji Desai introduced a motion against her for insulting government officials during her tenure and for misuse of office. After a seven-day debate, a Privileges Committee was formed to investigate all allegations against Indira Gandhi.

The committee concluded that the allegations were true. On December 19, 1978, she was expelled from Parliament, arrested and sent to Tihar. The Janata government fell within two-and-a-half years. Following Congress (I)’s landslide victory, Indira Gandhi became the Prime Minister in 1980 for the second time. Soon after, in May 1981, the Lok Sabha rescinded the December 19, 1978, resolution and the House adopted a motion setting aside the findings of the 1978 Privileges Committee and the resolution of the House. The House expressed the view that by rescinding the 1978 resolution, the Lok Sabha was atoning for a sin which was committed.

In 2006, during the UPA government, Sonia Gandhi was accused by the opposition of holding an office of profit by being a Member of Parliament as well as the Chairperson of the National Advisory Council, the latter being a post with the rank of a Cabinet Minister. Sonia Gandhi resigned from her Lok Sabha membership on March 23, 2006. She contested again and won from Raebareli.

Thus, both Indira Gandhi and Sonia Gandhi made a spectacular comeback after facing political upheavals. Rahul Gandhi is the third member of the Nehru-Gandhi family to be disqualified from membership. However, it remains to be seen whether Rahul too can stage a comeback as stalwartly as his mother and grandmother did!!!

Many Questions

Now the questions asked by many are: Why over the years the effectiveness of the Indian Parliament as an institution of accountability and supervision is on the decline? Why more powers to the Executive influencing the Legislature? Parliament has not taken an active role in monitoring the Executive on the matter of decisions they take from time to time. Why Parliament is increasingly becoming ineffective in providing scrutiny of the Executive? Why Parliament itself has self-abdicated many of its functions? There is also a general sense that the procedural norms that are the basis of parliamentary practice began to erode, particularly after the mid-1970s. There are significant institutional challenges facing Parliament.

The number of sittings of Parliament over the years has declined. There is a sharp increase in adjournments of the House as a result of disorderly scenes and interruptions. One striking indicator of the declining reputation is that it now often functions without the required quorum as mandated. For instance, the 17th Lok Sabha, which is entering its final year, has so far functioned for only 230 sitting days.

Dismal Record

Earlier, the 16th Lok Sabha had the lowest number of sitting days at 331. With one more year remaining, and with just 58 average sitting days a year recorded as of now, the 17th Lok Sabha at best may sit for a maximum of 288 days. This could make it the shortest full-term Lok Sabha since 1952. These numbers are confined to the Lok Sabha that has completed full five-year terms. Among those terms which lasted for at least five years, the 17th Lok Sabha may end up being the shortest. Also, of late, the time being spent both by Lok Sabha and Rajya Sabha on non-legislation activities is more than others. Unfortunately, the functioning of Question Hours is reduced significantly.

According to Chakshu Roy, an expert on the rules and procedures of Parliament and its functioning, when compared with other countries, the Indian Parliament has breaks for most of the year and meets for very small pockets. Evaluating the Indian Parliament Budget Session, Roy says that the ‘faultiness in Indian federalism will be evident in its debates.’

Against this background, now the million-dollar question is, if the lower court’s judgement in Rahul Gandhi’s case is reversed by appellate courts be it the high court or the apex court, will the Lok Sabha rescind its decision including restoration of accommodation? Why then such a hurried decision to disqualify Rahul Gandhi? After all, patience is a virtue, as the adage goes. Patience is the road to wisdom. Hence, a little bit of patience should have been adhered to before Rahul Gandhi’s summary disqualification by the Lok Sabha Secretariat.

(The writer is Chief Public Relations Officer to Chief Minister, Telangana)