Farmers protest against agricultural laws - ignited the debate on effectiveness of the parliamentary scrutiny over the executive1. Parliamentary Scrutiny of the government
Parliament is the embodiment of the people`s will and is mandated to scrutinize the functioning of the government
Parliament is equipped with a number of instruments for close and continuous scrutiny of the functioning of the govt. These are:
Discussion/debate : Debate on bills, issues of public interest, loopholes in any laws or proposed bills
Question hour : First hour of business every day. Members can ask questions on every aspect f administration and governmental activity
Parliamentary Committees : Carry out detailed scrutiny of the proposed legislation. These are closed door meetings, and members are not bound by party whips 2. What renders parliamentary scrutiny of the govt. ineffective?
Deciding the duration and timing of the session of the Parliament is govt.`s prerogative
A85 of the constitution, the time gap between the two sessions cannot be more than 6 months.
However, it is the govt. (Cabinet committee on parliamentary affairs) that decides the exact time and duration of the parliamentary session.
Thus, it is seen as a conflict with the principle of govt. being accountable to the parliament.
There is no fixed calendar for the session, the govt. shuffles around the dates of sessions to accommodate political and legislative exigencies
Disruptions during question hour
Not referring bills to the parliament committees3. What needs to be done to ensure effectiveness of the parliamentary scrutiny?
Insulate the functioning of Parliament from externalities
For unforeseen externalities (like the COVID), parliamentary rules should be relaxed to allow for its functioning with reduced number of members or hybrid participation (virtual and physical)
Parliament should have the power to regulate its procedure, sittings and timings
Annual calendar for the sessions
Ex: Australia, UK release an annual calendar with sitting dates at the beginning of the year
Minimum no. of sittings should be fixed
Shadow cabinet
Ex: UK, Canada and Australia forms a shadow cabinet
Under such system, opposition MPs track a certain portfolio, scrutinise its performance and suggest alternate programs
Changing certain provisions of the Anti-defection law
Members should be allowed to freely vote on various matters
Similar reforms should be done in the state legislative assemblies Ø Conclusion: o Parliament`s scrutiny of the govt. is crucial not only for upholding the accountability of the govt. to people of India but also for improving the quality of laws drafted.Strengthening the instruments of parliamentary scrutiny can go a long way in minimizing the potential implementation challenges
