MGP 2023 (Cohort 4)
Half length Test #2 - Solution
Q.1) Analyse the reasons for degeneration of parliamentary functioning in recent time. Also, suggest measure
to make the parliament more productive.
Approach- Start with a brief introduction of Parliament and its function. For the main part of the answer, enlist
the reasons behind the degeneration of Parliamentary functions in recent times. Next, suggest measures to make
the Parliament more productive. Conclude with emphasizing the importance of parliament and need for
comprehensive reforms.
Parliament is the supreme law-making body and apex forum for public debate and deliberation. It also ensures
the accountability of the executive. However, in recent times, the functioning of parliament has degraded with
the legislative bodies becoming a chamber for showmanship rather than statesmanship1.
Politicization of office of speaker, criminalization of politics and weak opposition has led to decline
in quality of parliamentary deliberations.
2.
Decreasing productivity- During 2020, RS sat for only 33 days (lowest ever); During 2021 Monsoon
session, productivity of LS and RS was 21 and 29 % respectively due to frequent disruptions and
adjournments.
3.
Lack of Discipline- sloganeering, storming the well of the house, unruly behavior etc. E.g., suspension
of 12 RS MPs in the 2021 winter session.
4.
Decline in deliberation: TMC criticized the union government for passing 25 bills in 21 minutes without
discussion.
5.
Bypassing the Rajya Sabha and Parliamentary Committees- Some acts (like Aadhar act) were
introduced as money bills to bypass RS. According to PRS, while 71% of bills in 15th Lok Sabha were
referred to DRSCs, this proportion was only 27% in the 16th LS and 10% in 17th LS (till Jan 2021).
6.
Misuse of Anti-Defection Law has resulted in exclusion of personal opinions from parliamentary
debates.
The following measures should be taken to make Parliament more productive:
1.
A legally determined standard for “minimum business in Parliament” should be introduced to prevent
disruptions. E.g., Vice President suggested a minimum 100 sittings per year. Setting a statutory ceiling
for the number of adjournments can also help.
2.
Antidetection law should be amended to allow enhancement of the role of individual MPs in parliament.
3.
The committee stage should be made compulsory for all bills (2nd ARC report). The Law Commission
has recommended creation of a Constitution Committee for appropriate prior scrutiny of constitutional
amendments, rather than presenting them as ordinary bills in Parliament.
4.
There is a need to build a cross-party consensus to check unruly behavior in the parliament. For
example, the whips of all parties should ensure that members do not enter the well of the house.
5.
The presiding officer of the house must take non-partisan initiatives to uphold the democratic
parliamentary conventions. For example, all parties/members should be given adequate time to
present their views.
6.
MPs can be provided with research teams and vacancies in Parliament’s Library and Reference,
Research, Documentation and Information Service (LARRDIS) should be filled as a priority.
Parliament is the ‘temple of democracy’ and its effective functioning is synonymous with a vibrant democracy.
Comprehensive reforms are needed to ensure that parliament functions as a productive space for policies and
is not used for politics. (444 words)
Q.2) Judiciary is increasingly becoming a super-legislature that undermines the basic tenets of a
parliamentary democracy. Critically examine.
Approach: Start by explaining how Indian judiciary is becoming a super-legislature body. Then discuss judiciary
undermining parliamentary democracy. Then present a counter perspective and argue how judiciary has helped in
strengthening democracy in the country. Conclude with highlighting the importance of judicial activism and the
need for judicial restraint.
Constitution of India mandates judiciary as the interpreter of the constitutional provisions and the authority
for adjudication of legal disputes. However, the foray of judiciary into legislative domain and intervention in
policy matters has made it a super-legislature in the following ways:
1.
The higher judiciary, according to legal experts, has often overreached its role and interfered with the
functions of the legislature and executive. E.g.; SC’s order to ban the sale of liquor near highways.
2.
Judicial activism has led the higher judiciary into creating various doctrines and mechanisms which do
not have constitutional backing, thus assuming the role of a legislative body. For example, doctrine of
basic structure.
3.
Micromanagement by the higher judiciary in matters of day-to-day governance gives it a semblance of
a super-legislative monitoring and exacting the accountability of the executive. For example, active
involvement in policy matters during management of the Covid-19 pandemic.
4.
Judiciary, while exercising its constitutional powers under judicial review, is often seen to be
transgressing into the legislative and executive domains. For example, the SC struck down NJAC Act
in favour of the collegium system.
Judiciary acting as a super-legislature undermines the tenets of parliamentary democracy as:
1.
It violates basic parliamentary tenets of separation of powers.
2.
Judicial activism may lead to inactivity of legislature and executive leading to policy paralysis.
3.
The judiciary is neither competent nor responsible for exacting executive accountability. Under the
4.
Judicial interference into the working of a democratically elected executive undermines the mandate
parliamentary system this role falls upon the parliament in general and the Lok Sabha in particular.
of the people reposed in the elected government.
However, some experts have opined that the constitution has envisaged a transformative role for the Indian
judiciary. The judiciary has ventured into the domain of legislature and executive only to ensure complete justice.
In the exercise of its power, the judiciary has contributed positively in furthering tenets of democracy:
1.
Innovations like PIL have made justice accessible to weaker sections of society.
2.
Progressive interpretation of law has expanded the rights of the people. For example: Right to privacy
under Article 21.
3.
Judiciary has filled legal vacuum, such as, Vishakha guidelines to counter harassment of women at
work place.
4.
Judiciary has enhanced the confidence of people in parliamentary democracy by acting as a bulwark
against majoritarianism and executive tyranny.
In India, judicial activism has played an important role in keeping democracy alive which can be seen through
judgements like Kesavananda Bharti case, Minerva Mill Case etc. However, the judiciary must observe judicial
restraint where necessary, especially to avoid face off either with the legislature or the executive. (440 words)
Q.3) Governor of a state enjoys more discretionary power than the president of India. Elaborate and explain
the rationale behind this constitutional arrangement.
Approach- Introduce the posts and the discretions associated with them. Mention the additional discretion
available to the Governor. Highlight the rationale behind the same. Conclude with justification of the same.
The Governor is the chief executive head of the state and representative of the union at the state level. While
the President only has situational discretions such as-appointment of Prime Minister in case of a hung
assembly, etc., a Governor, in addition to situational discretions, also enjoys constitutional discretions such as1.
Reserving a bill for the consideration of the President.
2.
Recommendation for the imposition of President rule.
3.
While functioning as administrator of an adjoining union territory (UT).
4.
Determination of the amount payable by schedule VI states to Tribal District Council(s) accruing from
licenses for mineral exploration.
5.
Seeking information from CM regarding administrative and legislative affairs.
The rationale behind the wider discretionary powers is premised on governor’s dual role as the head of the state
and as a link between the union and the states. More discretionary power has been given to the Governor to
ensure:
1.
Cooperative Federalisma.
Governor must ensure that state laws are aligned with national interest. He has discretionary
power to send back a bill for reconsideration or reserve a state bill, if it is against larger
national interest, of grave national importance or opposed to DPSPs.
b.
The governor has the vital task of ensuring that the legislative powers of the state do not usurp
the constitutional mandates. For example, if state bill breaches the independence of judiciary,
it can be reserved.
c.
Secessionist tendencies during the time of independence necessitated a strong Governor with
sufficient constitutional discretion in order to check such aspirations.
d.
The governor’s discretion with regard to imposition of President’s rule is important to check
the situations of breakdown of the constitutional machinery. For example, J&K remained
under President’s rule between 1990 to 1996 due to insurgency and breakdown of law and
order.
2.
Union Territories- UTs are regions of strategic importance. Governor ensures that UTs are
administered as per national interest, devoid of political exigencies.
3.
Welfare of Scheduled Areas- Discretion with regard to the matter of mineral exploration in schedule
VI areas is to prevent undue economic exploration of these regions.
4.
Welfare of the citizens- The Governor is endowed with the discretion to seek information on
legislative and executive matters, in order to ensure that the government runs as per the law.
Misuse of powers, like recommendation of President’s rule or reserving bills for President’s consideration leading
to delays, create federal tensions. Article 163 does not give the Governor a general discretionary power to act
against/without the advice of his Council of Ministers. It is imperative that the governor’s choice of action must
be dictated by reason, activated by good faith and tempered by caution. (440 words)
Q.4) How is Indian judicial system different from that of the USA? Should India move towards a more federal
judicial system? Discuss.
Approach: Start by defining judiciary and its role. List the contrasting features of judicial system in India and
USA. In next part, discuss how the SC has emerged as a more powerful authority in India. Mention arguments in
favour and against a more federal judicial system for India in a tabular form. Conclude the answer by highlighting
certain measures to improve judicial performance rather than changing its very character.
India and USA are both democratic, federal, constitutional republics. The principal role of judiciary in both the
countries is to uphold rule of law, interpret the constitution and safeguard the rights of individuals. However,
there are certain contrasting features in their judicial systems, as listed below:
Judiciary in India
There
is
an
Judiciary in USA
(with
The judicial system is segregated. Federal laws are
subordinate courts under the HCs and HCs
integrated
judiciary
administered by federal courts and state laws are
administered by state courts. Supreme Court of the United
States (SCOTUS) is the highest court in the federal
judiciary. Every state has its own supreme court, as a final
appellate authority.
under SCs). All courts can enforce any law.
Indian
constitution
originally
followed
US judiciary follows ‘due process of law’
‘procedure established by law’. (Due process of
law was adopted after the Maneka Gandhi case)
Jury system is also followed.
Jury system abolished.
Relatively narrow Judicial Review (JR), limited
Wider JR, leading to principle of judicial supremacy.
to upholding constitutional supremacy.
Original Jurisdiction of SC is confined to
SCOTUS enjoys wider original authority such as cases of
federal matters and writ jurisdiction.
naval forces, maritime activities, federal disputes etc.
SC can grant Special Leave against orders by
any
Court/tribunal
tribunal/court martial).
(except
SCOTUS does not have such absolute powers.
military
Appellate jurisdiction includes constitutional,
civil and criminal cases.
Appellate jurisdiction in constitutional cases and cases
related to federal laws only.
No Advisory role.
SC has advisory jurisdiction.
Judges of SC are appointed by the President on
the recommendation of a collegium system.
President recommends the name of judges to the senate
and with the consent of the senate, president appoints the
judges of SCOTUS.
Judges hold office till the age of 65 years.
Constitution also provides qualification.
Judges are appointed for life. The constitution does not
provide qualification.
Both the houses involved in removal of judges.
Only senate takes part in removal.
Due to overriding powers of the SC in an integrated judiciary, some scholars have made case for a more federal
judiciary in India. However, such a system has both advantages and disadvantages as discussed below:
Advantages
1.
2.
3.
Disadvantages
HCs are better placed to decide regional and
1. State courts are more likely to be influenced by
local matters as they have better understanding
regional sentiments and may not act with complete
of regional issues. For example: in 2018, SC set a
neutrality.
window of two hours in night for bursting
2. India has a single constitution with an integrated
Diwali crackers, however, Diwali is celebrated in
judiciary adjudicating both the federal and state
day in many states of South India.
laws. Introduction of Federal judiciary may distort
A federal judiciary will enhance the access to
basic structure of the constitution.
justice by reducing geographical barriers.
3.
Reduced burden on SC (due to reduced appeals),
enabling it to focus on constitutional matters;
reduced pendency.
4.
Centralized judiciary tend to favour union
government.
5.
Without sufficient number of judges, and
infrastructure, a decentralised judiciary would be
just as dysfunctional.
4. Fragmentation of judiciary may make them
vulnerable to corruption, reducing their authority.
Interference of SC in HC dilutes the authority of
HC and confidence of people in HC.
Rather than changing the very character of judicial system in India, a more prudent way to improve judicial
performance is institutionalizing a transparent way to appoint and transfer judges, respecting the constitutional
authority of HCs and building the capacity of entire justice system (police, judiciary and jails). (582 words)
How the SC of India have emerged as a powerful institution.?
Both SC and HC are constitutional court. SC itself has held that position that the Supreme Court is superior
to the High Court only in the appellate sense. In other cases, they both enjoy similar powers. However, SC
has emerged as a more powerful authority due to following reasons:
1.
Appointment of HC judges and transfers on recommendation of SC collegium.
2.
3.
SC transferring cases from one HC to other or from one HC to SC.
Certain tribunals bypass HC and appellate authority lies only with the SC.
Dr. B.R. Ambedkar stated in the Constituent Assembly: “The Indian Federation though a dual polity has no dual
judiciary at all. The High Courts and the Supreme Court form one single integrated judiciary having jurisdiction
and providing remedies in all cases arising under the constitutional law, the civil law or the criminal law.”
Q.5) Why does constitution provide for a weaker second chamber at state level when compared with that at
union level? Analyse the significance of Legislative Council in states.
Approach: Introduce the answer with a comment on LC and show its weaker position in comparison to RS. In the
body, explain the reasons for weakness of councils in comparison with Rajya Sabha. This must be followed by
significance of the Legislative councils for an effective law making in states. Also present some criticism of LC.
Conclude the answer by highlighting the need to make the legislative councils an equally important chamber to
improve overall productivity of state legislature.
In bicameral political system, Rajya Sabha is the second chamber at center and Legislative Council is the
second house at state level (Legislative Assembly being the other). However, LCs are often called as secondary
chambers due to their weaknesses compared to Rajya Sabha as:
1.
LC can detain or delay an ordinary bill for the maximum of 4 months.
2.
The member of council cannot participate in election of President unlike that of Rajya Sabha.
3.
In the matters of Constitution amendment, the council has no say unlike Rajya Sabha.
4.
Finally, the very existence of council depends on the will of the Assembly. (Parliament can create or
abolish LC based on resolution of LA)
Even though both the RS and LC are second chambers, the LC has been endowed with lesser powers as because:
1.
RS is the council of states and represents the states in federal polity of Indian parliamentary system.
LC do not perform such function and thus is devoid of any substantial powers.
2.
Constitution amendment is the sole prerogative of Parliament. States have vital interest in
constitutional amendments. RS, as representative of states, has special power in this regard. No such
role is performed by state legislature and hence, so such power for LC.
3.
At state level, Governor has discretionary power to reserve certain bills for consideration of President.
On the other hand, at union level, President does not have such discretion. RS is made more powerful to
act as a check against LS. Function of checking LA is performed by the Governor, so LC is not given such
powers.
4.
Certain provisions like emergency or creation of new All India Service impact the administration of
states, hence, RS is given certain special powers. No such consideration arises at state level, hence no
such power for LC.
Despite relative weaker position, LC is significant because:
1.
It creates an opportunity for revision of hasty, careless and ill-considered legislation made by LA.
2.
LC’s composition is less political, so it can express it opinion without considerations of electoral calculus
and in a more balanced way.
3.
It facilitates representation of eminent professionals and experts who cannot face direct elections.
However, scholars criticize LC because:
1.
It is used by political parties to park its defeated candidates.
2.
It is an expensive institution what drains public exchequer. The money could have been used for more
productive use.
LC is an advisory body and not a revisory body (like RS). However, task of governance is becoming more complex
and LC can play important role in making quality laws. (431 words)
Q.6) Discuss the role of parliamentary financial committees in ensuring executive accountability to the
parliament.
Approach- Introduce with the principal behind executive accountability and mention a few methods of ensuring
it. Further enlist the Parliamentary Financial Committees and discuss how they help in ensuring executive
accountability. Discuss a few limitations in their power and conclude with measure to correct the same.
The Financial Committees Viz. Public Accounts Committee (PAC), Estimates Committee (EC) and the Committee
on Public Undertakings (COPU) are Standing Committees of the Parliament which conduct detailed financial
scrutiny of the public expenditure made by the executive. These committees are instrumental in extracting
executive accountability as:
1.
These committees work on a continuous basis unlike Parliament which is adjourned after a session.
2.
These committees work away from the public/media glare and can devote more time towards financial
scrutiny rather than on political pomp and show.
3.
The members of the committee are elected through a system of proportional representation, thus
ensuring due participation of opposition members.
4.
As the Ministers are devoid of membership of these committees there is a scope for free and fair
financial assessment of the executive.
The three financial committees are specifically significant in ensuring executive accountability as:
Public
Accounts
Committee
(PAC)
1. It confirms that the expenditure is made by the designated authority for the designated
Estimates
Committee
(EC)
1. It suggests administrative reforms to make public expenditure more prudent and
purpose, checking misappropriation of funds.
2. It examines the public expenditure to bring out the cases of waste, loss, corruption etc.
3. It has the power to question the prudence and wisdom of the executive and thus check
inefficiency in usage of public funds.
efficient.
2. It suggests alternative policies to the executive, hence diluting the one-upmanship of
the executive in policy making.
Committee
on Public
Undertakin
gs (COPU)
1. It extracts executive accountability through its power to examine the reports of the
CAG on public undertakings.
2. It has the mandate to examine whether the affairs of public undertakings are being
managed in accordance with sound business principles. It thus reduces the element of
discretion in the affairs of public undertakings.
Certain hurdles remain in their effective functioning such as:
1.
The committees usually perform a post-mortem examination of the accounts. By the time committees
make their scrutiny the expenditure is already made by the executive.
2.
Reports of the committees are often not tabled before the parliament or are tabled with considerable
3.
Its recommendations are largely only advisory in nature. This is a serious limitation on the ability of
delays, reducing their efficacy.
the committees to hold the executive accountable.
4.
Parliament, dominated by the executive, has the authority to take action on the reports of the
committees, creating a conflict of interest.
5.
Also, the committees lack the technical expertise and manpower to perform critical scrutinization of
the public expenditure made by the executive.
In order to improve the efficacy of these committees we need to take comprehensive steps like:
1.
The committees should be provided with adequate secretarial staff. Also, expert guidance on technical
matters must be made available.
2.
The reports of the committees should be mandatorily tabled before the parliament on a timely basis.
3.
Their duration may be extended beyond a year so as to enable more prolific scrutiny of public
expenditure.
4.
The schedule of the committees must be fixed, so as to ensure devoted time on matters of public
importance.
The financial committees are an effective instrument for warranting executive accountability. There is a need
to undertake broad-based reform measures to widen their reach and deepen their impact. (544 words)
Q.7) What are pressure groups? Evaluate their role in public policy formulation with special reference to
farmer organizations and trade unions.
Approach: Introduce your answer by explaining what pressure groups are. Then evaluate their role in public policy
formulation with special reference to farmer organisations and trade unions. Mention the limitations of pressure
groups. Conclude with emphasis on role of pressure groups and give some forward-looking suggestion.
Pressure groups are voluntary organization of people working to promote and defend their common interests.
They attempt to bring a change in public opinion and public policy for the interest of its members by exerting
pressure on the government from outside.
The influence of pressure groups on government’s policy-making and policy implementation is through legal
and legitimate methods like lobbying, correspondence, petitioning, public debates, discussions with legislators
etc.
Pressure groups’ play important role in formulation of public policy as discussed below:
1.
Pressure Groups articulate the demands and needs of the people they represent, bringing them to the
notice of the decision-makers especially when such demands are not politically significant. For example,
Indian Federation of App-Based Transport Workers has filed a petition in SC seeking social security
benefits for gig workers.
2.
Advisory Role: The government seeks advice from pressure groups on major policy issues of commercial
and economical nature. Pressure groups act as a channel of two-way communication between the
government and public by conveying each other’s views. Trade organizations like Confederation of All
India Traders, Retail Association of India have had strong impact on Government’s e-commerce
policies.
3.
Pressure groups play a vital role in the legislative process as active agencies engaged in lobbying with
the legislators for securing desired laws or amendments in laws and policies of the government. For
example, the All-India Trade Union Congress, Centre of Indian Trade Unions, Hind Mazdoor Sabha
have played important role in finalizing the labour codes.
4.
Pressure groups engage in evaluating laws, rules, decisions and policies which have a direct or indirect
bearing on the interests they represent. For example, many farmer unions and farmer producer
organisations protested against three farm laws in 2021, forcing government to repeal those laws.
5.
Pressure groups increase social cohesion and political stability by providing a ‘safety-valve’ for
individual and collective grievances and demands.
6.
Pressure groups play a leading role in the formulation of public opinion, which ends up influencing the
government. For example, op-eds in newspapers by representatives of Farm Unions, meetings with
political class, sloganeering, sit-ins, road- and rail-blockage etc. Such mechanisms have resulted in
decisions like farm loan waiver etc.
However, pressure groups also have certain limitations like:
1.
Articulate and influential pressure groups can gain undue influence over the government, which may
undermine the silent majority. For example, Supreme Court-appointed panel on Farm laws highlighted
that a repeal of these laws would be unfair to the silent majority which supported the law.
2.
There are conflicts of interest and party politics in the unions which undermines the interests and
issues the groups claim to represent.
3.
Trade Unions usually display conservatism and protectionist tendencies which are not always in line
with India’s trade and economic policies.
4.
Unions sometimes show intransigence over policy issues as seen during protests against farm laws.
Susceptibility to foreign influences as seen in toolkit controversy, the Red Fort riots etc. posed threat
to India’s internal security as well as sovereignty.
In a highly complex society, pressure groups provide individuals the organisational capacity and bargaining
power for protection and promotion of their interests. Pressure groups are, thus, indispensable to the
democratic process. Government should come out with regulations (like in USA) to enable pressure groups to
play positive role in inclusive policy making. (548 words)
Q.8) Why was parliamentary form of government adopted for independent India? Do you agree with the
opinion that Indian government is increasingly transitioning towards presidential form? Justify.
Approach: Start by explaining basic tenets of parliamentary form of government. Then explain the idea behind
adopting parliamentary form of government. In the next part, present argument favouring shift of Indian
parliamentary government towards presidential form and then present counter arguments. Conclude with your
opinion and reiterate strong parliamentary credentials of India.
The parliamentary system is a system of democratic governance where executive is derived from legislature
(to which it is also accountable) and enjoy legitimacy to govern on basis of majority enjoyed by their
party/coalition in the legislature. This is in contrast with presidential system, where executives are not part of
legislature.
India adopted a parliamentary form of government due to following reasons:
1.
Parliamentary system favors accountability over stability (of presidential system). After the colonial
experience, constituent assembly opted for a more responsible parliamentary system.
2.
The founding fathers were of the view that an infant democracy cannot risk friction between the
executive and the legislature. Therefore, to ensure smooth coordination between the two,
parliamentary system was adopted.
3.
Parliamentary system vests the authority to govern in the Council of Ministers rather than on a single
person, thus preventing despotism/autocracy.
4.
Due to political system setup by British, India had experience of parliamentary form of government at
the time of independence. This familiarity was an important factor in adoption of the parliamentary
form of government
5.
The parliamentary system provides for a ready alternative government in case the ruling party loses its
majority. For example, in 1996 H.D. Deve Gowda formed government after Atal Bihari Vajpayee failed to
prove his majority.
There is an opinion among scholars that India is witnessing increasing presidentialization of its Parliamentary
system in recent times. This concern has been raised because:
1.
Style of leadership is changing. It is alleged that the executive is becoming centralized in its
functioning. According to critics, the executive decisions are being made by a few individuals rather
than the cabinet/council of ministers.
2.
3.
The system of elections is increasingly becoming centered around the cult of individual leadership.
Ability of parliament to hold the executive accountable has been decreasing due to weak opposition,
frequent disruptions etc.
4.
Appointment of people (like ex-bureaucrats, who have not contested direct elections) as ministers is
similar to presidential system (spoils system).
However, the notion that India is shifting towards a Presidential system of government cannot said to be true
because:
1.
India has strong parliamentary tradition and institutions like supreme court to protect democratic
2.
SC has declared parliamentary form of government as part of basic structure of the constitution.
3.
Parliament and its committees have held the executive accountable by raising questions, debating
parliamentary credentials.
policy of executives and informing public about various issues.
4.
Even when outsiders are given ministerial births, they must become members of Parliament within 6
months. For example: S. Jaishankar was nominated to RS.
Although certain centralizing tendencies have been witnessed, it would be unwise to say that India is
transitioning from parliamentary to presidential system. Strong majority in parliament has led to an
apprehension of presidential Prime Minister. However, apart from parliament, EC, judiciary etc., strong civil
society and media have been able to ensure that PM and CoM remains accountable to the parliament in general
and LS in particular. (494 words)
Q.9) Compare the position of the Speaker in Indian and British parliamentary system? Also, discuss various
controversies related to functioning of Office of Speaker in Indian context and suggest corresponding
reforms.
Approach: Introduce the answer by explaining the position of the speaker. In the body of the answer compare the
position (similarities and differences) of British and Indian speaker. In the next part of the body, explain the
controversies related to the office of speaker. Then also suggest some reforms. Conclude the answer by briefly
highlighting the importance of office of speaker.
The Speaker is the presiding officer, constitutional and ceremonial head and supreme authority within the Lok
Sabha. The office of speaker in India is modelled on the office of speaker in the UK, hence similarity in power
and functions. However, there are also certain marked difference as discussed below:
Similarities in Office of Speaker in India and UK
1.
Both are elected by members and presiding officer of their respective houses.
2.
Both are responsible for are conducting business of the house, maintain disciple and decorum,
summon, adjourn, admit motions etc.
3.
Both are guardian of powers and privileges of the members.
4.
Their decisions are binding on the members of the house.
Speaker in UK
1.
Speaker resigns from his political party to
Speaker in India
1. Speaker remains member of his political party.
maintain neutrality.
2.
As a convention, Speaker is elected unopposed;
2. No such convention exist in India.
3.
Speaker is position of great prestige and
3. Due to speaker in India being a political party
dignity. He commands respect of all members
member, his neutrality is suspected and he does not
because of his neutrality.
UK does not have anti-defection law, so no
enjoyed by his UK counterpart.
power for speaker to disqualify members for
4. Speaker enjoys power to disqualify a member
switching parties.
under Anti-defection law.
once a speaker, always a speaker.
4.
enjoy same level of confidence of members as
Office of the Speaker in India have come under several controversies with regard to its functioning because:
1.
Retaining party membership undermines the impartiality of speaker and influence their functioning in
expectation of future political gains. For example: Manohar Joshi was the speaker of LS from 2002 to
2004, and then member of RS from 2006 to 2012.
2.
The Speaker’s certifies a bill as a money bill. According to experts, this power has been misused to by-
3.
Power of Speaker under Anti-defection law is prone to misuse, a concern rising from its application in
pass the RS. For example, passage of Aadhar bill as a money bill.
state assemblies. E.g: 16 MLAs in Arunachal Pradesh were disqualified in 2017 despite not leaving the
party.
4.
Opposition has criticized the speaker for not allocating enough time to them and for his role in referring
bills to parliamentary committees.
5.
Controversy over not recognizing the Leader of opposition has negatively impacted parliamentary
scrutiny and delayed appointments to important positions like Lokpal, CIC etc.
In this context, legal experts have suggested certain reforms:
1.
To maintain the non-partisan nature, convention of resigning from the party post-election should be
developed.
2.
Speakers should not accept any political role and end all forms of association with government after
demitting their office.
3.
Adjudicatory role of the speaker in anti-defection should be entrusted to the ECI. (Dinesh Goswami
committee recommended)
4.
The matter of money bill should be decided by a committee having members of both ruling and
opposition parties.
5.
Individual members should refrain from politicising the role/position of the speaker. For example,
naming the speaker in parliamentary debates should be avoided.
Speaker is a symbol of Parliamentary democracy. It is an imperative to maintain its dignity ensure its neutrality
to fulfil our constitutional makers dream of effective and inclusive representation in the legislative forum. (544
words)
Pt. JawaharLal Nehru- “As the House represents the nation, the Speaker being its sole representative becomes
a symbol of the nation’s freedom and liberty. Therefore, this free and honored position shall always be occupied
by persons of outstanding ability and impartiality.”
Q.10) Tribunals were conceived as an institution for speedy and inexpensive justice delivery. To what extent
have tribunals achieved this objective? How does Tribunals Reforms Act, 2021, help in making them more
effective?
Approach: Introduce the answer with a short description of tribunals. In the body, elaborate the role played by
tribunal system in providing for speedy and inexpensive justice. Mention the issues in tribunals. Next, discuss the
impact of provisions under the Tribunals Reforms Act 2021 in addressing the issues. Mention the limitations of the
act. Conclude the answer by giving some suggestions or way forward.
Tribunals are judicial or quasi-judicial bodies created to adjudicate on specific matters in order to expedite
justice delivery and reduce burden on courts. 42ndCAA 1976 introduced articles 323A and 323B providing for
establishment of tribunals.
As an institution for speedy and inexpensive justice delivery, contribution of tribunals can be seen in following
points:
1.
Tribunals have both judicial and executive members, thus have both judicial and technical expertise
enabling them to take a broader perspective and quicker decisions. For example: NGT.
2.
Tribunals are driven by Principle of Natural Justice. This procedural flexibility helps in speedier
delivery of justice.
3.
Tribunals have given relief to overburdened judiciary by taking over whole category of cases such by
National Company Law Tribunal (NCLT) for cases under the IBC.
4.
Tribunals, such as the Maintenance Tribunal under Maintenance and Welfare of Parents and Senior
Citizens Act, provide for costless litigation and grievance redressal for vulnerable sections.
5.
Central Administrative Tribunal and Armed Forces Tribunals have created credible systems in
delivering justice.
However, certain limitations have hampered tribunals in achieving their intended objectives:
1.
Tribunalization of justice due to proliferation of tribunals, each having their own composition,
2.
Tribunals go against the principle of Separation of power and are prone to executive interference.
3.
Many tribunals and appellate tribunals remain dysfunctional due to pending appointments and lack of
structure and statute has created confusion.
staff.
4.
Lack of finality in judgement of tribunals leads to large number of appeals from tribunals to courts.
5.
The access to justice is limited due to scanty benches. E.g., NCLT has 16 benches, 6 of which are in Delhi.
Tribunals have large backlog of cases.
So, the impact of tribunals in delivering speedy and inexpensive justice has been limited. SC has even severely
criticized the government for not filling up the vacancies in the tribunals. To address some of the concerns
related to tribunals, Tribunals reforms Act 2021 has been enacted.
Tribunals reforms act 2021
Significance
8 appellate tribunals have been dissolved and their
functions transferred to courts
They were not necessary; were burden on
public resource; and were not leading to
speedy justice.
Rationalisation of tribunals by mergers based on domain.
Better utilization of capacity, preventing
Eg., Competition Appellate Tribunal has been merged with
National Company Law Appellate Tribunal
duplication of work
Formation of a Search-cum-selection committee (SCSC) for
Fast-track the appointment procedures.
appointment and uniformity in conditions of appointment.
However, the act has been criticized because of following reasons:
1.
Since tribunals perform judicial functions, structure of SCSC, power of central government to notify
qualification of members, and other terms and conditions of service can dilute judicial independence
and separation of power.
2.
It contains same provisions as Tribunals reforms Ordinance which was struck down by SC and the act
was passed without due discussion in parliament.
3.
Fixing minimum age as 50 years for appointment creates entry barrier for competent lawyers and
tenure of 4 years also make them vulnerable to government pressure in expectation of
reappointments.
4.
Shortage of support staff and infrastructure is not addressed.
Government has asserted SC should not interfere in policy matters related to tribunals. This matter should be
resolved, appointments should be made quickly and institutional capacity of tribunals should be enhanced to
ensure that tribunals can fulfil their intended objective. (550 words)
Search-cum-selection committees: The Chairperson and Members of the Tribunals will be appointed by the
central government on the recommendation of a Search-cum-Selection Committee. The Committee will
consist of: (i) the Chief Justice of India, or a Supreme Court Judge nominated by him, as the Chairperson (with
casting vote), (ii) two Secretaries nominated by the central government, (iii) the sitting or outgoing
Chairperson, or a retired Supreme Court Judge, or a retired Chief Justice of a High Court, and (iv) the Secretary
of the Ministry under which the Tribunal is constituted (with no voting right)
Eligibility and term of office: The Bill provides for a four-year term of office (subject to the upper age limit of
70 years for the Chairperson, and 67 years for members). Further, it specifies a minimum age requirement of
50 years for appointment of a chairperson or a member.