Parliament Functioning

Data first and last parliament	130 hours to 30 hours Reduced discussions 40% time in disruption 1 minute = 2.5 lakh Number of bill less than half 330 to 130
Function	Formation of government legislation financial control accountability on executive representative National unity Information dissemination Election of president and VP
Impact	Delays  SEZ: mooted in 1980s but passed in 2005 and when they really start operating in 2007-08. Resulted in loss of opportunity (China has completely grabbed) GST: which could be a complete game changer in the country's tax administration was mooted in 2000s and still pending. Women reservation bill: Pending since 1996 Hurriedly passing of bills  Example of 15th LS: 1/5th bills passed in less than 5 minutes 1/5th bills passed in less than 2-3 hours discussions Quality of legislation came down Impact on financial control: like demand of grants are gullitoned Time Avg sitting days from 120 to 60  US, UK: 140-160 When in session the time got wasted by disruption Research: RS has wasted half of its total time. 40% of the time was wasted in 15th LS Political disruption Morality: Criminalization of the politics cash for queries cash for votes Non -representative Women: never crossed 12% youth seats:  543 Quality of opposition fragmented obstructionist destructive opposition Procedures: question hour Anti-defection Money bill Ordinance Rising expenditure fixing of salaries Powers: Speaker Privileges Executives undermining its stature  Instability: weak coalition weak implementation of Anti defection
Causes	Interest based rather than issue based Live proceeding Continuous election keeps it charged Criminalisation Competitive rather than constructive politics Poor level of participation Passing of Anti-defection in 1985 Coalition Politics No research staff
impact	Not holding government accountability Loss of time and money Public matter not raised Civil society becoming stronger Decline in faith Delay in Policy  making there by Public welfare
How to tackle	NCRWC : Statutory manadatory for minimum number of day (Odisha atleast 60 days) As in India only govt. can start the session and not parliament by itself. only provision is that there should not be the gap of 6 months Quality of legislation: Composition of constitutional committee and parliamentary committee Freedom of speech for the MPs: bound to take the party line (as per whip other wise falls the trap of ADL; example- when AP was divided) UK: Free vote procedure Whip is passed on under limited circumstances Anti defection Act must be revisited in this line Research support for the MPs (special budget, infra etc) as done in other countries  Representation: women Procedural reforms: Need for the new rules to prevent loss of productivity of the entire house held hostage due to the few members rushing to the well. To designated few days in a week when opposition can discuss and debate the issues rather then government dictating the business every day. Innovative methods have been used by the Speaker like all party conference and rescheduling question hour Better functionality of ethics committee Electoral reforms: Checking instability Constructive no-confidence motion extension of no confidence to coalition parties no confidence motion only once a year Reforming coalition politics: 2nd ARC
Control over executive	financial Policy Performance monitoring Foreign policy Opinions on important issues Issues: Complexity  Delegated legislation Committee system Ineffective Question hours Role of opposition declining issues in financial control money bill limitation on committees Reports of organizations like CAG etc are delayed  expertise and time
New trends	coalition increasing reference to the committees private members bills are not discussed
	Parliament is a place for policy and not for politics It has not changed according to the changes occurred in the past decades. And must be changed

Anti defection	Constitution (Fifty-second Amendment) Act,1985 to curb the growing tendency of political defections(if not combat will undermine the very foundation of our democracy)
	91st CAA,2003 removed the one third clause But 2/3rd clause remains So raise the wholesale defection from one third to two third
Ethical	Time has come assess how this statute imposed morality squares up against a legislator's right to vote according to his conscience, convictions, common sense and constituency concerns
Criticism	Efficacy of Legislation: It made the law making far from being consultative and transparent and made bureaucratic function Disincentives from seriously thinking, researching or rifling for best practices Legislative power with political party rather than elected representative Whip Gagging: Non democratic: law making in the hand of parties rather than elected parties Rights of Legislators Coalition Politics and Anti defecation Over centralisation of Power in the hand of few Reducing accountability (reverse) Reducing Parliamentary Control Against the SOP: Government shaping the opinion of MPs
Challenges	Role of Speaker Arunachal Pradesh Outside legislature activity Post facto application
For	Stability Horse trading Floor crossing National interest Policy paralysis Discipline
Example	Speaker disqualified 18 MLAs in TN assembly before the floor test Uttrakhand Case Karnataka Crisis: Speaker Disqualified, rebel MLA in congress JDS,
Solution	2nd ARC: Pre-election coalition Kihoto Hollohan case (1992): Judicial Review on Arbitrary decisions of Speaker Practical need Does not violates FR, freedom of basic structure of parliamentary democracy SC Speaker should refrain to act on schedule 10 when a resolution of removal of him is pending in the assembly Judicial review is applicable on decision of speaker NCRWC President in Consultation with ECI rather than Speaker (no experience and expertise) Defectors should not be elected as minister Vote should be invalid at the time of toppling Goswami Committee President or governor be given power If Voluntary Gives Up, Government in Danger Empowering the MPs without impacting the political stability Disqualification only on the matters where political stability of the government is threatened like Confidence motion, no confidence motion, Money Bill, Adjournment Motion
Conclusion	It should free up the legislative space and ensure every government must strives for not only cross party consensus but also reaches to individual law makers

Motion of Thanks	At the beginning of budget session and at the beginning of first session of new government president addresses both the houses regarding policies and future road map of the government and then it is discussed and finally put for motion of thanks and in case if it doesn’t got passed in the LS the then COM has to resign.
Amendment to MOT Second time in a row	Before 2015 there are only three instances when it got amended by RS 1980 on engineering defection 1989 on the issue of Ram Mndir and Babri Masjid and India- srilanka accord 2001 sale of PSU Balco to a privatee company
Significance	Ruling party's failure to reach out to the opposition  for consensus on legislation agenda Enforces moral accountability on ruling party against their inaction, mal-administration and inefficiencies Relevance and importance of RS Dissatisfaction against the government

Money Bill controversy
Examples	Aadhaar bill was passed as money bill Finance Bill 2016 contains provision related to structural change in the RBI Act Finance Bill amended FCRA allowing foreign firms to fund parties
Constitutional provisions	Misuse of article 110(3) to certify a bill as money bill Article 122 and 212 restricts the higher judiciary from inquiring in the proceedings of Parliament and SLA respectively
Against	Misuse to power to bypass the RS which against the principle of checks and Balance All the bills have to be passed by both the house except money bill (110 six categories only) To have a check on misuse of certifying this power SC already interfered in the parliamentary proceeding in the Kihoto Hollohan and Rajara ram pil case relating to Anti defection Law
For	Article 122 Judicial activism Policy paralysis Betterment of lives of the people cannot suffer the palpably irrational action of a limited group(opposition) Can govt. be faulted to seek innovative ways, legal engineering?
Way forward	A consultative measures like in UK, where House appoints two senior member who must be consulted before speaker gives certificate

Office of Profit	102 and 191 164 (1A) : 15% To prevent the Conflict of Interest Ministers are exempted from office of profit under parliament law Often holds the rank of minister of state and has same entitlements and is assigned to a government department
Ways	Parliamentary Secretary Chairmanship of corporations Expansion of exemption list 21 Parliamentary Secretaries in Delhi In case of Somnath Chatrajee and Sonia Gandhi Bill was passed retrospectively
Against	Conflict of interest Unconstitutional: Article 164(1A) Various High Courts: held the appointment of parliamentary secretaries as unconstitutional Cost to exchequer Against the Separation of Power Decline in capability of Parliament to hold accountable Political ethics
For	No definition of Office in Constitution Various HC upheld the Parliamentary Secretary in various States like RJ Constitutional:  he is not a minister (no oath is administered, not appointed by president) Constitution provides the power to legislature to decide what amounts to be office of profit Purely advisory bodies
Suggestions	Election Commission (any one of these) Appointment, removal, enumerations, functions and any governmental control 2nd ARC Expending the definition of it by amending law If it influencing executive decision, then only Only advisory should be exempted Coordination of COM and their company is vital then should not be treated as OOP

LokSabha  Reforms	Office of Profit Money Bill MPLADs Electoral reform Composition Anti defection Role of Speaker Role of Opposition leader Increasing number of parties Ordinance
Parliamentary Budget Office (PBO)	Independent and Continuous and constant monitoring of the budgent Already in varoius countries Specialised and independent Statutory
Role	Independent analysis of the economy Medium and long term analysis

Weakening of legislature
Separation of power	Office of profit (article 102 and 191) Parliamentary secretary Money Bill misuse Misuse of ordinance MPLASs Anti-defection Extra-large cabinet Appointment of Judiciary
Independence of Parliament	Judicial Activism
Checks and balances	Judicial appointments
Declining parliamentary control	Technical and Complexity Delegated legislation Fragmented opposition Committee system not working Quality of debates Absolute majority Scrapping of Railway Budget
Contemporary trends	Committee demands to resolve issue Outside parliament meetings Increasing number of political parties (35+) Role of speaker Private member bills