Day 7 – Q 3.Do you think the executive in India has overpowered the legislature? Critically examine. What is the way out? Give suggestions.
3. Do you think the executive in India has overpowered the legislature? Critically examine. What is the way out? Give suggestions.
क्या आपको लगता है कि भारत में कार्यपालिका ने विधायिका के महत्त्व को खत्म कर दिया है? समालोचनात्मक जांच करें। इससे निकलने का रास्ता क्या है? सुझाव दें।
- Brief introduction about the relation between executive and legislature
- Since question demands critical examination answer must include whether executive has overpowered legislature or not
- Conclusion must show way out with some solutions
The constitution of India has adopted Parliamentary form of democracy. In our system, there exists very thin line between the powers of the executive and the legislature resulting in instances of overstepping in each other’s domain.
It is can be seen that Cabinet becoming supreme authority whereas the role of the Parliament and the State Legislature is diminishing. Some instances to show executive overpowering legislature.
- Frequent usage of ordinances under Article 123 and 213 to pass important bills, bypassing legislative scrutiny. Eg: Land acquisition bill.
- Passing of important legislations through Money bill route. Recently Aadhar act was passed like this to bypass scrutiny of Upper House.
- Taking important policy decisions without discussing them in Parliament. The announcement of demonetization was criticized for this.
- Passing of important bills and budget without much discussion through Guillotine method.
- The ratio of passage of Private member’s bills is very low.
- The direction of Whip curtails individual member’s freedom in having opinion and taking decisions.
Although, the legislature has some checks and balances to scrutinize the powers of the executive.
- Collective responsibility of the executive to the Legislature
- Control over executive powers through scrutiny by committees. Eg: Financial control through Public Account Committee etc.
- Question hour, Zero hour, Censure motion, Adjournment motion, No-confidence motions etc. to keep a check on the powers of the executive.
- Ordinances have to be passed in legislatures within specific time periods.
In order to balance the powers of executive and legislature, we need to adopt few suggestions as a way out:
- Mandatory scrutiny of all bills by the standing committees as in other countries like the UK
- Fixing the number times an ordinance could pass.
- Relaxing the powers of Whip on members so that they can take individual decisions.
- Increasing the productivity of legislatures, avoiding frequent disruptions and wash-outs.
- Constructive criticism on the part of opposition parties must become a norm.
Thus, it is necessary that both the executive and the legislature work hand in hand respecting each other’s powers and functions to ensure our democracy evolves and blossoms.
Best answer: Strider95