Dormant Parliament, Fading Business the Gradual Deterioration in Parliament’S Functioning Has to Be Stopped If It Is to Fulﬁ�L Its Constitutional Mandate Days

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Dormant Parliament, fading business The gradual deterioration in Parliament’s functioning has to be stopped if it is to fulfil its constitutional mandate days. The Government of National would be useful if the Court can Monsoon Session of 2008 had set Capital Territory of Delhi (Amend- give a clear interpretation of the some interesting records. That ses- ment) Bill, 2021, which is the Bill to definition of Money Bills and pro- sion went on till Christmas, as the change the governance mechan- vide guide rails within which Bills government wanted to use a par- ism of Delhi — shifting governance have to stay to be termed as such. liamentary rule that a no-confi- from the legislature and the Chief During this session, the Union dence motion could not be moved M.R. Madhavan Minister to the Lieutenant Gover- Budget was presented, discussed twice within a session; instead of a nor — was introduced on March 15 and passed. The Constitution re- winter session, the monsoon ses-

in the Lok Sabha, passed by that AP quires the Lok Sabha to approve sion was extended with breaks. he Budget session of Parlia- House on March 22 and by Rajya 16th Lok Sabha and just 11% in the the expenditure Budget (in the That session also saw eight Bills ment ended on Thursday, Sabha on the March 24. Another current one. Parliamentary com- form of demand for grants) of each being passed in the Lok Sabha Ttwo weeks ahead of the origi- Bill, the Mines and Minerals (Deve- mittees have often done a stellar department and Ministry. The Lok within 17 minutes. The following nal plan, as many political leaders lopment and Regulation) Amend- job. For example, the committee Sabha had listed the budget of just Lok Sabha (2009-14) saw a lot of are busy with campaigning for the ment Bill, 2021, amends the Mines that examined the Insolvency and five Ministries for detailed discus- disruptions to work, with about a forthcoming State Assembly elec- and Minerals Act, 1957 to remove Bankruptcy Code suggested many sion and discussed only three of third of its scheduled time lost. tions. This follows the trend of the end-use restrictions on mines and changes to make the Code work these; 76% of the total Budget was Some things have improved: over last few sessions: the Budget ses- ease conditions for captive mines; better, and which were all incor- approved without any discussion. the last few years, we have seen sion of 2020 was curtailed ahead this Bill was introduced on March porated in the final law. Similarly, This behaviour was in line with the most Bills being discussed in the of the lockdown imposed follow- 15 and passed by both Houses amendments to the Motor Vehi- trend of the last 15 years, during House and have had less disrup- ing the novel coronavirus pan- within a week. A Bill — The Nation- cles Act were based on the recom- which period 70% to 100% of the tions. However, the scrutiny of demic, a short 18-day monsoon al Bank for Financing Infrastruc- mendations of the Committee. Budget have been passed without Bills has suffered as they are not session ended after 10 days as sev- ture and Development (NaBFID) discussion in most years. being referred to committees. eral Members of Parliament and Bill, 2021 — to create a new govern- Money Bill classification Parliament staff got affected by ment infrastructure finance insti- The last few years have seen the The missing Deputy Speaker Parliamentary scrutiny is key COVID-19, and the winter session tution and permit private ones in dubious practice of marking Bills A striking feature of the current Parliament has the central role in was cancelled. As a result, the fis- this sector was passed within as ‘Money Bills’ and getting them Lok Sabha is the absence of a De- our democracy as the representa- cal year 2020-21 saw the Lok Sab- three days of introduction. The In- past the Rajya Sabha. Some sec- puty Speaker. Article 93 of the tive body that checks the work of ha sitting for 34 days (and the Ra- surance (Amendment) Bill, 2021, tions of the Aadhaar Act were read Constitution states that “... The the government. It is also expect- jya Sabha for 33), the lowest ever. the Bill to increase the limit of fo- down by the Supreme Court of In- House of the People shall, as soon ed to examine all legislative propo- The casualty was proper legisla- reign direct investment in insu- dia due to this procedure (with a as may be, choose two members sals in detail, understand their tive scrutiny of proposed legisla- rance companies from 49% to 74% dissenting opinion that said that of the House to be respectively nuances and implications of the tion as well as government func- also took just a week between in- the entire Act should be invalidat- Speaker and Deputy Speaker….” provisions, and decide on the ap- tioning and finances. While troduction and passing by both ed). The Finance Bills, over the last Usually, the Deputy Speaker is propriate way forward. In order to COVID-19 was undoubtedly a grave Houses. In all, 13 Bills were intro- few years, have contained several elected within a couple of months fulfil its constitutional mandate, it matter, there is no reason why Par- duced in this session, and eight of unconnected items such as res- of the formation of a new Lok Sab- is imperative that Parliament func- liament could not adopt remote them were passed within the ses- tructuring of tribunals, introduc- ha, with the exception in the 1998- tions effectively. This will require working and technological solu- sion. This quick work should be tion of electoral bonds, and 99 period, when it took 269 days making and following processes tions, as several other countries read as a sign of abdication by Par- amendments to the foreign contri- to do so. By the time of the next such as creating a system of re- did. liament of its duty to scrutinise bution act. session of Parliament, two years search support to Members of Par- Bills, rather than as a sign of Similarly, this year too, the Fi- would have elapsed without the liament, providing sufficient time No Bill scrutiny efficiency. nance Bill has made major amend- election of a Deputy Speaker. The for MPs to examine issues, and re- An important development this ments to the Life Insurance Corpo- issue showed up starkly this ses- quiring that all Bills and budgets session has been the absence of Consulting House panels ration Act, 1956. As this is a Money sion when the Speaker was hospi- are examined by committees and careful scrutiny of Bills. During the This development also highlights Bill, the Rajya Sabha cannot make talised. Some functions of the public feedback is taken. In sum, session, 13 Bills were introduced, the decline in the efficacy of com- any amendments, and has only re- Speaker such as delivering the va- Parliament needs to ensure suffi- and not even one of them was re- mittees. The percentage of Bills re- commendatory powers. Some of ledictory speech were carried out cient scrutiny over the proposals ferred to a parliamentary commit- ferred to committees declined the earlier Acts, including the Aad- by a senior member. and actions of the government. tee for examination. from 60% and 71% in the 14th Lok haar Act and Finance Act, have The deterioration in Parlia- Many high impact Bills were in- Sabha (2004-09) and the 15th Lok been referred to a Constitution ment’s functioning is not a recent M.R. Madhavan is President of PRS troduced and passed within a few Sabha, respectively, to 27% in the Bench of the Supreme Court. It phenomenon. For example, the Legislative Research, New Delhi