Saturday, May 3, 2025

Parliamentary Oversight in India – UPSC Polity

 

Parliamentary Oversight in India – UPSC Polity

India's parliamentary democracy is built on the foundational principle of executive accountability to the legislature. At the heart of this structure lies the concept of Parliamentary Oversight—a set of institutional mechanisms and procedures that ensure that the government remains answerable to the people through their elected representatives. However, recent developments have raised concerns about the weakening of this crucial function.

This article delves into the importance of parliamentary oversight, the constitutional provisions enabling it, challenges undermining its efficacy, and the reforms needed to revitalize Parliament’s role as the custodian of public interest. The analysis draws from current affairs, especially editorials in The Hindu, and is aligned with the UPSC CSE Polity syllabus.


What is Parliamentary Oversight?

Definition:
Parliamentary oversight refers to the continuous review, monitoring, and evaluation of executive actions by the legislature. It aims to ensure accountability, transparency, responsiveness, and good governance.

Significance in Indian Democracy:

  • India follows a Westminster-style parliamentary system, where the executive is accountable to the legislature.

  • This system empowers Parliament to act as a check on arbitrary or inefficient governance.

  • Oversight tools such as Question Hour, Zero Hour, Adjournment Motions, and Parliamentary Committees provide mechanisms for holding the government to account.


Constitutional and Institutional Framework

1. Article 75

  • States that the Council of Ministers is collectively responsible to the Lok Sabha, making it a constitutional mandate for Parliament to supervise executive actions.

2. Parliamentary Tools of Oversight

  • Question Hour: MPs ask questions to Ministers to clarify policy decisions and expose inefficiencies.

  • Zero Hour: Informal platform for raising urgent issues without prior notice.

  • Debates and Discussions: Enable deeper deliberation on public issues.

  • Motions and Resolutions: Include adjournment motions, no-confidence motions, and calling attention motions.

  • Parliamentary Committees: Provide in-depth scrutiny of bills, policies, and expenditure.

3. Vision of Dr. B.R. Ambedkar

  • He described parliamentary democracy as a system of "more responsibility, less stability", highlighting the need for daily accountability through Parliament.


Challenges Undermining Parliamentary Oversight

Despite having robust frameworks, the actual practice of parliamentary oversight in India is increasingly fragile.

1. Disruption of Question Hour

  • In the 17th Lok Sabha (2019–24), only 60% of Question Hour sessions were functional, while the Rajya Sabha recorded only 52%.

  • Frequent adjournments, walkouts, and protests reduce meaningful dialogue.

  • Example: During the Pegasus spyware scandal (2021), repeated disruptions prevented MPs from questioning the government on surveillance and data privacy.

2. Underutilisation of Parliamentary Committees

  • Standing Committees produce detailed and technical reports, but these are rarely discussed in Parliament.

  • Annual rotation of committee members reduces subject matter expertise and continuity.

  • Example: The Standing Committee on Environment’s report on Delhi pollution (2021) was a significant document but saw limited legislative action.

3. Absence of Post-Legislative Scrutiny (PLS)

  • There is no structured mechanism to evaluate whether a law achieves its intended objectives.

  • Example: The Companies (Amendment) Act, 2013 aimed at ease of doing business but instead led to a surge in criminal prosecutions due to ambiguities in compliance norms.


Need for Reforms in Parliamentary Oversight

India’s Parliament must adapt to modern governance challenges. The following reforms can revitalize its oversight role:


1. Institutionalize Post-Legislative Scrutiny (PLS)

Global Best Practice: UK Model

  • In the UK, government departments submit implementation reviews of laws within 3–5 years.

Indian Application:

  • A sub-committee under each Department-Related Standing Committee (DRSC) can be formed to evaluate the impact and efficacy of landmark laws like:

    • Insolvency and Bankruptcy Code

    • National Education Policy

    • Forest Conservation Act


2. Revamp Parliamentary Committee System

  • Translate committee reports into regional languages.

  • Use infographics and short videos to improve accessibility and citizen engagement.

  • Mandate floor discussions on major reports to increase visibility and accountability.

Example: The Data Protection Bill report (2022) by the IT Committee was never formally debated before the bill was withdrawn.

  • Technical Support: Provide each committee with data analysts, legal experts, and policy researchers.

Example: The US Congressional Research Service (CRS) is a non-partisan agency that supports American lawmakers—India lacks an equivalent institutional mechanism.


3. Leverage Technology and Artificial Intelligence

  • Develop AI-powered tools to:

    • Track anomalies in budget allocations.

    • Detect misutilisation in welfare schemes.

    • Monitor audit reports and scheme outcomes.

Example: AI could have detected the PM-Kisan scheme misuse, where ineligible farmers received benefits due to data mismatches.


4. Launch a Parliamentary Modernisation Scheme

  • A comprehensive scheme with investment in:

    • Digital tools and dashboards

    • In-house research wings

    • Multilingual dissemination platforms


5. Promote Legislative Cooperation

  • Encourage cross-party consensus during key sessions like Question Hour.

  • Reduce instances of unruly behavior and frequent disruptions.

  • Create a Code of Conduct for MPs to maintain parliamentary decorum.


6. Foster Citizen Participation

  • Launch public feedback portals for bills and committee reports.

  • Conduct public consultations similar to the pre-legislative consultation policies followed in countries like Canada and New Zealand.


7. Encourage DRSCs in State Legislatures

  • Institutionalize Department-Related Standing Committees (DRSCs) at the state level.

  • Foster a federal ecosystem for legislative oversight, enhancing transparency in state governance.


Conclusion

As former President K.R. Narayanan stated in 1993, "Parliamentary oversight is not meant to criticize, but to improve governance." A strong oversight mechanism is vital to uphold the spirit of the Indian Constitution. Revitalizing Parliament’s scrutiny role will restore public trust, enhance accountability, and deliver on the promise of a government that is truly of the people, by the people, and for the people.


UPSC CSE Prelims MCQs

1. Which Article of the Indian Constitution mandates collective responsibility of the Council of Ministers to the Lok Sabha?
a) Article 72
b) Article 75
c) Article 80
d) Article 123
Answer: b) Article 75


2. Which of the following is not a Parliamentary tool of oversight?
a) Zero Hour
b) Calling Attention Motion
c) Judicial Review
d) Adjournment Motion
Answer: c) Judicial Review


3. What is the primary function of Department-Related Standing Committees (DRSCs)?
a) Conducting elections
b) Policy making
c) Detailed examination of bills and budget allocations
d) Judicial appointments
Answer: c) Detailed examination of bills and budget allocations


4. Which foreign institution supports lawmakers with non-partisan research and policy analysis?
a) Interpol
b) Congressional Research Service (CRS), USA
c) European Parliament Library
d) World Bank Parliamentary Forum
Answer: b) Congressional Research Service (CRS), USA


5. The Post-Legislative Scrutiny (PLS) process is prominently followed in which country?
a) Japan
b) India
c) United Kingdom
d) South Africa
Answer: c) United Kingdom


UPSC Mains Question (GS Paper 2)

Q. "Explain the role of Parliamentary Oversight in ensuring executive accountability in India. Discuss the recent challenges to its effectiveness and suggest reforms to strengthen this constitutional function."

No comments:

Post a Comment