LARRDIS/2021 LOK SABHA SECRETARIAT PARLIAMENT LIBRARY AND REFERENCE , RESEARCH, DOCUMENTATION AND INFORMATION SERVICE (LARRDIS) NEW DELHI

33- PRIS (E&SA)/2021 APRIL 2021

The 142nd Assembly of Inter-Parliamentary Union (Virtual Session) 24 to 28 May 2021

A

BRIEF

on

“The Role and Organisation of Parliaments in a Time of Pandemic”

[The brief is largely based on published/web sources and is intended to serve only as a background aid. It is for restricted circulation and not for publication in any form] LARRDIS/2021

Introduction The outbreak of the novel Corona virus (Covid- 19), which has become a global pandemic, has profoundly transformed the manner human beings and organizations conduct their daily business. Parliaments across the globe have not been spared from the disruptive effects of Covid -19. It has posed unprecedented challenges to the functioning of democratic institutions, including the legislature. However, since Parliament is a creature of the Constitution, its mandate and functions cannot be willy-nilly ‘locked- down’. Parliaments cannot afford to suspend their cardinal function of law-making, oversight and representation indefinitely or for inordinately long periods. Doing so will not only be a dereliction of duty but a breach of their constitutional mandate. Therefore, Parliaments need to develop and implement innovative ways of conducting their constitutional functions.

The Covid-19 pandemic has marked a global watershed, not only in health and economic terms, but also for the unprecedented challenges posed to the functioning of Legislatures across the world. One of the greatest lessons learnt from the emergence of Covid-19 is that we must adapt our rules to ensure that institutions can function in any situation, however critical. Accordingly, the parliamentary institutions across the world have explored innovative strategies and evolved mechanisms to keep the democratic processes and political debates alive. Parliaments in many countries, including India, continued to operate throughout the pandemic, and continued to perform their lawmaking and oversight roles. They have proven their resilience as well as their ability to adapt. This was largely achieved by: Establishing and embedding efficient digital workspaces; The proactive acknowledgment of the importance of IT as a core element for organisational operation, and; Investing appropriately in establishing and managing an agile future-focused IT strategy; ensuring the availability of essential IT equipment and resources, and; embedding and enforcing a technology culture within their organisations. Besides the Parliaments have also adhered to the LARRDIS/2021 Standard Operating Procedures of their respective parliaments and measures issued by the WHO and other International organizations.

National Parliaments during Covid 19 Pandemic The global crisis during pandemic brought national parliaments in close co-ordination to promote democratic, effective and coherent public policy responses and to address citizens’ concerns. Parliaments play an essential role as guardians of democratic values, processes and fundamental freedoms, as well as help enhance public confidence. It is therefore important that they continue to function throughout this crisis, passing unprecedented economic aid packages and emergency public health measures, while attempting to ensure democratic controls and securing effective checks and balances where possible. During the period of pandemic various international conferences are being organised by International Organisations and the delegates from member Parliaments are very positively responding in virtual mode.

Parliamentary institutions across the world quickly adapted to the changed circumstances and continue to meet on set dates. Many parliaments switched to virtual or hybrid sessions. In Canada the MPs joined virtual parliament over a Zoom call, and MPs were permitted to ask questions to the government. The Bureau of European Parliament has also temporarily changed to its rules of procedure to permit virtual deliberations and voting by MPs and committee members. In Chile, the constitution was amended to permit the senate to hold sessions in a mixed-system of face-to-face and virtual participation, allowing for remote voting as well. The Brazilian Parliament also resorted to work remotely using video-conferencing and virtual management tools. Spain, one of the worst affected countries by the pandemic, also ensured that legislative work does not stop, as despite a complete lockdown, MPs continued to deliberate and vote on legislative proposals. Maldives parliament or People’s LARRDIS/2021 Majlis is using Microsoft Teams video conferencing technology to hold virtual parliament sessions.

Parliament of India and Covid 19 Pandemic

The Parliament of India is the core institution of representative democracy and thus its capacity to continue functioning during this pandemic testifies the strength and durability of our democratic system. It representing the aspirations of 1.35 billion people, has been playing a proactive role in ensuring engagement with them. During the COVID-19 pandemic, the Parliament of India maintained a 24x7 connect between the Parliamentarians and the general public to ensure that the needy and the underprivileged are provided necessary relief and assistance without delay.

On the initiative of the Lok Sabha Speaker, a Control Room was set- up in the Lok Sabha Secretariat with immediate effect with a view to facilitate a quicker interface between the Members of Parliament (MPs), Members of the Legislative Assembly (MLAs) and the public for emergency assistance in the fight against COVID-19.

On 21 April 2020, during the inter-Session period, the Hon'ble Speaker, Lok Sabha, held a video conference with the Presiding Officers of the State/UT Legislatures to discuss various matters relating to the activities of the CPA India Region and the COVID-19 pandemic. This video conference was held for the first time in the history of the Parliament of India. The Hon'ble Speaker urged the State Assemblies to explore the feasibility of the extensive use of digital technology in carrying out the legislative and financial work and other routine tasks. During the interaction, the Speaker had also called upon all the state legislatures to set up control rooms for real time information exchange between the various state legislatures and Parliament, which would allow MPs/MLAs/MLCs to discharge their LARRDIS/2021 duties in a more effective manner in order to fight the challenge posed by COVID 19.

On 19 April 2021 Lok Sabha Speaker and Chairman, All India Presiding Officers' Conference (AIPOC) Shri Om Birla had a Virtual Meeting of Presiding Officers of the Legislative Bodies in India and other Leaders on “Prevailing COVID-19 Situation - Role and Responsibility of Public Representatives”. Apart from the Presiding Officers of State Legislatures, Ministers of Parliamentary Affairs, Chief Whips and Leaders of Opposition in State Legislatures also joined the Virtual Meeting. During the meeting Hon'ble Speaker emphasizing on the crisis of COVID-19 said that the governments are making all necessary efforts at their level to control the covid 19 crisis. But in this hour of crisis, the legislature also has to fulfill its duty more promptly. He exhorted the people's representatives to fulfill their duties in the spirit of solidarity and collectivity and contribute to the society and the country in getting relief from the pandemic. He also urged the Presiding Officers to sensitize the public, through the people’s representatives of their respective States, to follow the Corona Protocol. He asked the public representatives to create awareness that personal caution is the most potent weapon in the fight against corona infection and any negligence can prove to be extremely dangerous. Hon'ble Speaker also gave the following suggestions: (i) People’s representatives may engage with social organizations to check the spread of the pandemic; (ii) All representative institutions including the Gram Panchayats and local bodies in urban areas may be motivated to make extensive efforts to reduce the corona infection; (iii). Presiding officers may set up control rooms in their legislatures. which may be used by the people's representatives. This will help in channelizing the relevant information and difficulties of the public to the government; and (iv) If there is any issue related to the Central Government, it may be forwarded to the Lok Sabha Control Room. With this, a joint platform the State Legislatures and the Lok Sabha will be evolved which will prove effective in curbing this menace. Emphasising on the vaccination programme Hon'ble Speaker also said that the people’s representatives need to participate in the endeavors of the local LARRDIS/2021 administration. He urged the Presiding Officers to share their best practices with each other so that a standard procedure and an SOP could be developed to deal with the pandemic.

During the lockdown caused by the Corona virus pandemic, the Lok Sabha Secretariat demonstrated remarkable resilience and flexibility in its response to the crisis. The Secretariat followed all the precautionary measures and SOPs issued by the Government of India, WHO and other International Organisations for the safety of the parliamentarians.

In the prevailing Covid-19 crisis the Parliament has set up a Control Room in Lok Sabha Secretariat on 19 April 2020 for collecting information relating to COVID-19 and other related matters from the Hon' ble Members of Parliament and to ensure coordination in this regard. The Lok Sabha Secretariat has also issued a guideline with DOs and Don'ts for the meticulous adherence by all officers and staff to prevent the spread of Covid-19 novel coronavirus in the PH Complex.

Sessions of Parliament during Covid-19

India one of the biggest democracies in the world, having Parliamentary system, has shown to the world community that how it has handled the peculiar situation of Covid 19 Pandemic keeping the democratic process alive. The Budget Session of Parliament was started on 31 January 2020 just one day after the World Health Organization declared Covid -19 outbreak as a Public Health Emergency of International Concern. But sensing the critical situation the Session of Parliament was cut short and adjourned sine die (indefinitely) in the wake of the Covid-19 pandemic. The Government of India imposed complete lockdown from 22 March 2020.

Taking the performance of the Parliament to the people is a very crucial LARRDIS/2021 aspect of strengthening our democratic edifice. Therefore, In September 2020 Hon’ble Speaker, Lok Sabha held an interaction with media regarding the arrangements being made by the Lok Sabha Secretariat for the Monsoon Session of the Parliament. Convening Session of Parliament amidst Pandemic was a great challenge for the organisation itself. Elaborate safety measures were made for the members and staff in the Parliament House complex with institution of an appropriate Standard Operating Procedure (SOP). Covid test centres were set up in the Parliament House Complex for carrying out Antigen/RT-PCR tests of the Members, their family members and their staff. However, the Session continued from 14 to 23 September 2020. In the history of Parliamentary democracy for the first time the Members took part in the proceedings of the House by sitting in Chambers of both the Houses and Visitors’ Galleries. This was made possible through innovative practices like relaxing Rules 2 & 384 of the Rules of Procedure and Conduct of Business in Lok Sabha. Requiring maintenance of social distancing, both Houses decided to do away with the Starred Questions and Private Members’ Business and have only an abbreviated Zero Hour. All these developments made the Sessions of both Lok Sabha and Rajya Sabha a distinctive one. Some of the important initiatives taken by the Parliament for keeping in mind the safety of the Members of Parliament and Staff during this crisis include setting up of an Information and Communication Centre, holding Briefing Sessions on important Government Bills and setting up of a control room to coordinate efforts being made by the Members to tackle the Covid-19 pandemic, etc. Besides, Capacity Building Initiatives were undertaken by the Parliament in which a training programme on e-Parliament, Parliamentary Procedures and Practices was organized for PAs and Personal Staff of Hon’ble MPs. In these extraordinary circumstances of pandemic, Parliamentary Committees made every effort to conduct their meetings and presented 53 reports in the Monsoon session. In this crisis, the Parliament of India explored the feasibility of extensive use of digital technology and conducted a number of virtual meetings during this pandemic. Frequent use of e-notices, Members’ LARRDIS/2021 Portal and other such facilities were used extensively by Hon’ble MPs in discharge of their constitutional responsibilities. With active participation of the Members of Parliament, the productivity of Lok Sabha (Lower House) was historic 167 per cent during the Fourth Session of 17th Lok Sabha and productivity of Rajya Sabha (Upper House) was 100.47 per cent during 262nd Session. The Lok Sbha had 10 sittings and it sat for 60 hours to transact its business. In all, the session saw introduction of 16 Government Bills and passage of 25 bills including 11 bills related to important Ordinances. The 252nd Session of Rajya Sabha was concluded 8 sittings ahead of the scheduled 18 sittings. A total of 25 bills were passed in Rajya Sabha and 6 Bills were introduced.

The Fifth Session of the 17th Lok Sabha commenced on 29 January 2021 and concluded on 25 March 2021. In preparation of holding this Session in view of the continuing prevalence of the COVID-19 Pandemic, the necessary safety and security measures adopted during the last Session had to be continued. It includes measures like COVID-19 testing arrangement for Members, Officers and employees of the Secretariat and personnel of allied agencies; allotment of seats at all possible venues; provision of necessary equipments to enable all members to participate from different venues; Polycarbonate sheets between rows and seats in the Lok Sabha Chamber; Sensor based Sanitizer Dispensing Machines; use of masks and social distancing; marking of Member's attendance through Mobile Application; among others. Accordingly, staggered timings continued and the sittings of the House in the First Part of the Session commenced at 4 p.m. in the afternoon from 2 February 2021. However, in the Second Part, as directed by the Hon’ble Speaker, the sitting of the House commenced at 11.00 a.m. from 9 March 2021 onwards till the end of the Session.

During Fifth Session of 17th Lok Sabha the House had a total of 24 sittings spread over 132 hours, out of which 10 sittings were held in the First Part of the Session and 14 sittings in the Second Part. During the entire Session, the House sat late for 48 hours and 23 minutes to discuss various important issues and recorded 114 per cent productivity. In all 18 Government Bills were passed by the House.

After presentation of Budget in Lok Sabha on 1 February 2021, e-circulation of Union Budget 2021-22 was made through Member’s Portal. Earlier, on 29 LARRDIS/2021 January, a copy of Economic Survey 2020-2021 was laid on the Table of the House and was made available online through Members’ Portal.

Capacity Building of the Members of Parliament

During the Session, on the initiative of Hon’ble Speaker, Lok Sabha a dedicated Unit namely, the Parliamentary Research and Information Support to Members (PRISM) was created for providing Round-the-Clock Research and Information support to the Members of Parliament. A new initiative had been taken by the Hon’ble Speaker, Lok Sabha for the capacity building of the Members of Parliament by organizing Briefing Sessions on important Legislative Business coming up for discussion and debate in the House. In all, 16 Briefing Sessions were organized by the Reference Division during the Budget Session of Parliament. On line presentations by Eminent social workers for the benefit of Members of Parliament was also organised by the PRIDE.

Parliamentary Outreach in Virtual Mode

Hon'ble Speaker, Lok Sabha led by Indian Parliamentary Delegations had Virtual Parliamentary Outreach meetings with: (i) H.E. Mr. David Sassoli, President of the European Parliament on 13 January 2021. The two Leaders noted, inter-alia, the importance of parliamentary exchanges for promoting mutual understanding and goodwill between the world's largest democracies. They also discussed the challenges posed by the COVID-19 pandemic and climate change; (ii) Sixth BRICS Parliamentary Forum on 27 October 2020. The theme of the Forum was BRICS Partnership in the Interest of Global Stability, General Safety and Innovative Growth: Parliamentary Dimension; and (iii) Speaker, Lok Sabha led an Indian Parliamentary Delegation and participated in the Virtual Session and casted their votes in the election of the new President of IPU through remote electronic secret ballot on 19 October 2020.

A function was held under the aegis of the Indian Parliamentary Group on 16 March 2021 in the honour of the visiting President of the Inter- Parliamentary Union (IPU), H.E. Mr. Duarte Pacheco in the Central Hall of the Parliament House. The event was attended inter alia by the Prime Minister of India, Union Ministers, Deputy Chairman, Rajya Sabha, and LARRDIS/2021 representatives from the diplomatic community.

Hon'ble Speake, Lok Sabha also participated in some of the Conference, and Programme in Hybrid Mode i.e, Physically and on line also; They are 80th All India Presiding Officers Conference held at Kevadia, Gujarat on 25 and 26 November 2020; An Outreach & Familiarization Programmes for Panchayati Raj Institutions of the State of Uttarakhand held on 8 January 2021 at Dehradun, Uttarakhand with a view to introduce Panchayat Members to the functioning of the Parliament and to provide them an exposure to the democratic principles and ethos; An Outreach & Familiarization Programme for Local Bodies of Meghalaya and Other North-Eastern States held in Shillong, Meghalaya on 26 February 2021. The theme of the Programme was 'Panchayati Raj System/Autonomous District Councils: Strengthening the Decentralised Democracy'.

Way forward

There are no signs in the horizons that the Covid- 19 pandemic will vanish any time soon even the vaccines have been developed. Parliaments should, therefore, adapt to the new reality and realign their procedures and processes accordingly. The only way for Parliament to remain a relevant pillar of democratic governance in the face of Covid 19 pandemic is to harness new technologies in executing its constitutional mandate and functions. Parliament cannot afford to ‘lockdown’ its functions as this gives the Executive the ruse to assume those functions thereby eroding the vital principle of checks and balances. There is need for accountability by government even during a crisis; on how public resources are being used for instance. This helps to curtail potential Executive excesses of power and public resource utilization or management.

As per the demand of the hour, the legislature must realise that their duty to rise up to the occasion for the sake of democratic stability and citizens’ wellbeing is paramount and undeniable. So, they as agents of ascertaining accountability must leave no stone unturned to review the actions of the LARRDIS/2021 government. With the help of IT applications the procedural hurdles may be removed and safe and secure virtual platforms may be designed. In such extraordinary times, extraordinary innovations for ensuring accountable and transparent governance are the paramount duty of a responsive democracy.

References: i. https://www.epw.in/journal/2020/24/commentary/parliaments-time- pandemic.html ii. https://www.coe.int/en/web/belgrade/-/covid-19-joint-statement-on- the-role-of- parliaments-in-a-time-of-pandemic iii. https://www.thehindu.com/opinion/op-ed/indias-parliament-is- missing-in- action/article31742536.ece iv. https://www.orfonline.org/research/india-governmental- accountability-during-the- pandemic/ v. https://www.tandfonline.com/doi/full/10.1080/20508840.2020.1816017 vi. https://www.idea.int/news-media/news/why-collective-parliamentary- governance-more- important-ever-pandemic vii. http://copsam.com/role-of-parliament-during-the-covid-19-pandemic/ viii. The Pioneer 26.04.2020, New Delhi. ix. Indian Express, 8.3.2021, New Delhi x. https://www.ipu.org/country-compilation-parliamentary-responses-pandemic xi. http://pprloksabha.nic.in/PressReleaseFiles/file591.pdf xii. SG's DO Letters (4th and 5th Sessions of 17th Lok Sabha) xiii. Circulars issued by the AN-I Branch, Parliament Security Service, and the Welfare Branch of the Lok Sabha Secretariat relating to contain Covid 19 in PH Complex.