Source: The Hindu

Introduction

Recent disruptions in the Indian Parliament have sparked a debate on whether the Parliamentary Form of Government, adopted by the founding fathers of the Indian Constitution, remains effective. The incidents highlight concerns about the smooth functioning of the Parliament and its ability to conduct legislative business efficiently. Critics argue that the frequent disruptions hinder the democratic process, questioning the appropriateness of the chosen governance model. This discourse prompts a reevaluation of the parliamentary system's effectiveness in ensuring productive and orderly proceedings within the Indian political landscape.

What is the Historical Background of the Parliamentary Form of Government in India?

• Adoption in Constitution:
  • Parliamentary Form of government in India was adopted from Britain.
  • The choice of a parliamentary form of government for India was a result of a thorough deliberation process.
• Constitutional Assembly Debate (CAD):
  • The Constituent Assembly witnessed debates on various models, including the Presidential, Indian orthodoxy, Swarajist, and Parliamentary systems.
  • The parliamentary model won the argument by emphasising the need for a decisive authority representing the citizens and ensuring accountability of the executive to the elected House.
• Opinions of Members of Constitutional Assembly Debate (CAD):
  • As mentioned in Volume VII of Constitutional Assembly Debate’s (CAD) Official Report, Professor K T Shah in the CAD which took place on 10^th December 1948 said that “The Parliamentary government has a sort of link between the Executive, the Legislative and the Judiciary”.
  • Shri K Hanumanthaiya in CAD said that “Parliamentary system is suitable to this country and for very good reasons that system seems to be better adapted to conditions in India than Presidential executive”.

What is the Position of Parliamentary Form of Government under Constitution of India?

• Parliamentary Form of Government:
  • The Parliamentary form of government under the Constitution of India, 1950 is an important aspect of the country's political structure, drawing inspiration from the British model while adapting to the unique needs and diversity of the Indian population.
• Article 74 and 75 of the Constitution:
  • Enshrined in Part V of the Constitution, Articles 74 and 75 outline the provisions for the President, the Council of Ministers, and the Parliament, collectively shaping the parliamentary system in India.
  • At the heart of the Indian Parliamentary System is the President, who serves as the ceremonial head of state.
  • While the President has certain powers and duties prescribed by the Constitution from Article 52 to 62 of the Constitution, real executive authority rests with the Council of Ministers headed by the Prime Minister.
• American Presidential System:
  • Unlike the American presidential system, where the head of state is also the head of government, in the Indian parliamentary the head of state and head of government are usually two separate positions.
• Prime Minister:
  • The Prime Minister is appointed by the President, who, in practice, selects the leader of the majority party in the Lok Sabha (the lower house of Parliament).
  • This ensures that the executive reflects the will of the people as expressed through their elected representatives.
• Lok Sabha and Rajya Sabha:
  • The real power lies in the Lok Sabha, where Members of Parliament (MPs) are directly elected by the people.
  • The Lok Sabha, along with the Rajya Sabha (the upper house), forms the Parliament of India.
  • The Lok Sabha is the primary legislative body responsible for the formation and sustenance of the government.
  • The party or coalition with a majority in the Lok Sabha is invited to form the government, and its leader becomes the Prime Minister.
• Collective Responsibility:
  • A distinctive feature of the Indian Parliamentary System is the principle of collective responsibility.
  • The Council of Ministers is collectively responsible to the Lok Sabha, and it must enjoy the confidence of the majority of its members.
  • If the government loses a vote of confidence, it is expected to resign, leading to the formation of a new government or fresh elections.

What are the Challenges Before Effective Opposition?

• The parliamentary system requires stable support for its effectiveness but simultaneously demands constant questioning and challenges to ensure fidelity to the common good.
• The absence of an effective opposition was a concern for the first Prime Minister of India Pt. Jawaharlal Nehru, who acknowledged its importance even as he grappled with its presence in the First Lok Sabha.
• Even though the Indian Constitution didn't directly talk about the competitive party system at first, it turned out to be really important for having a balanced mix of strong support and effective opposition in the country.

Conclusion

The current state of the Indian Parliament reflects a departure from the principles that shaped its foundation. The decline in parliamentary norms, the reluctance to address accountability, and the suspension of a large number of Opposition members raise fundamental questions about the commitment to democratic ideals and the functioning of this essential institution in the world's most populous country.