If judicial review is the last line of defence against arbitrary and unconstitutional actions by the executive, parliamentary scrutiny has to be the first line of defence. For parliamentary scrutiny to ensure accountability it cannot be reduced to merely an advisory function. This article examines the declining role of Parliament in ensuring accountability of the executive.
Since Independence, despite some decline in powers of the Indian Parliament it still retained enough authority to enable it to become a potent force for ensuring accountability of the executive.
Parliament is at a crossroads with respect to fulfilling its constitutionally mandated role of checking and balancing the executive. Today, there is a shroud of doubt all over the powers that be – parliament, judiciary, and the executive.
The decline of the parliament's role in ensuring executive accountability is most visible in three domains, namely, in the checks and balances over the government's legislative initiatives, budget scrutiny, and oversight over public appointments.
The declining role of parliament as a forum for policy deliberation, scrutiny and debate was the subject of many academic analyses over the past two decades. There has been an increasing view that this declining role is no longer a matter of concern in India.
The role played by parliamentary committees was undermined. Parliamentary committees are instrumental in suggesting constructive changes to the bill to make the Code work better. For example, Insolvency and Bankruptcy Code, Motor Vehicles Act.
Diminishing the role of Rajya Sabha by classifying ordinary bills as money bills. For example, non-financial items such as restructuring of tribunals, the introduction of electoral bonds, and amendments to the foreign contribution act introduced as part of Finance bills.
Lack of debate, discussion over the demand for grants. For example, in the last budget session, the Lok Sabha had only listed the budget of just five Ministries for detailed discussion and only three of these were discussed. The remaining 76% of the total budget was approved without any discussion.
Delay in appointments of key constitutional functionaries in Lok Sabha also impacted parliamentary functioning. For example, the current Lok Sabha did not appoint a Deputy Speaker which is a constitutional mandate.
