Daily News Analysis

Parliamentary Oversight in India

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Parliamentary oversight is essential to ensure that the executive (the government) remains accountable to the legislature (Parliament). It is a key component of India’s democratic framework, designed to uphold transparency, accountability, and good governance. The Indian Constitution provides a robust structure for legislative scrutiny of the executive, yet the effectiveness of these mechanisms has often been questioned.

Key Mechanisms of Parliamentary Oversight

  1. Constitutional Provisions:

    • Article 107: Defines the legislative process, including the introduction and passage of bills.

    • Article 108: Provides for joint sittings of both Houses (Lok Sabha and Rajya Sabha) to resolve legislative deadlocks.

    • Article 111: Grants the President the power to assent or return bills for reconsideration.

  2. Question Hour and Zero Hour:

    • Question Hour allows Members of Parliament (MPs) to directly question Ministers on government policies, decisions, and actions.

    • Zero Hour provides an opportunity for MPs to raise urgent matters without prior notice, often leading to debates on pressing issues.

  3. Committee System for Legislative Review:

    • Standing Committees: These committees analyze bills in detail before they are debated in Parliament, ensuring a more comprehensive review.

    • Public Accounts Committee (PAC): It scrutinizes government spending and the audit reports submitted by the Comptroller and Auditor General (CAG).

    • Estimates Committee: This committee examines budget allocations and assesses the efficiency of government programs.

  4. Budgetary Scrutiny:

    • Article 112: Mandates the presentation of the Annual Financial Statement (Union Budget).

    • Article 113: Requires Parliamentary approval for government expenditure.

    • Article 117: Ensures that Money Bills can only be introduced in the Lok Sabha with the President’s recommendation.

Challenges in Parliamentary Oversight

  1. Diminishing Role of Question Hour:

    • The Question Hour has seen frequent disruptions, which undermines its effectiveness as a tool for government accountability.

    • In the 17th Lok Sabha (2019-2024), Question Hour was held for only 60% of the scheduled time in the Lok Sabha and 52% in the Rajya Sabha.

  2. Limited Influence of Parliamentary Committees:

    • Despite producing detailed reports, the Department-related Standing Committees (DRSCs) often fail to influence significant legislative or executive actions.

    • Committee consultations tend to engage a narrow set of stakeholders, raising concerns about the diversity and breadth of input.

  3. Executive Dominance in Budgetary Affairs:

    • The Union Finance Ministry is responsible for crafting the Budget, with minimal input from Parliament. This has reduced Parliament’s role from an active participant to a rubber-stamp approver.

    • The Rajya Sabha has no substantive role in budget discussions, despite its democratic credentials.

Success Stories in Parliamentary Oversight

  1. Financial and Infrastructure Reforms:

    • Standing Committee on Railways: In 2015, the committee recommended waiving dividend payments by Indian Railways, which was implemented in 2016 to improve the financial health of the organization.

    • Committee on Public Undertakings: Addressed delays in NHAI-managed highway projects by recommending that projects should only commence after 80% of land acquisition and clearances.

  2. Policy and Legislative Amendments:

    • Standing Committee on Transport: Played a significant role in influencing amendments to the Motor Vehicles Bill (2017), which removed caps on third-party insurance and established a National Road Safety Board.

    • Estimates Committee: Advised the government on increasing domestic uranium production, aiming to reduce India’s dependency on uranium imports.

  3. Accountability and Corruption Exposures:

    • The PAC exposed serious delays, opaque appointments, and corrupt practices during the Commonwealth Games in 2010. Since then, the PAC has consistently made around 180 recommendations annually, of which 80% have been accepted by the government.

Recommendations for Strengthening Oversight Mechanisms

  1. Revitalizing Question Hour:

    • Ensure uninterrupted sessions for Question Hour, allowing MPs to systematically scrutinize government policies.

    • Encourage MPs to address cross-ministerial issues, which will bring attention to more holistic governance concerns rather than isolated queries.

  2. Enhancing Committee Effectiveness:

    • Increase stakeholder engagement in committee discussions, bringing in diverse viewpoints to make recommendations more reflective of various societal needs.

    • Ensure that committee recommendations are debated and discussed on the floor of Parliament for greater visibility and accountability.

  3. Reforming Budgetary Oversight:

    • Establish an independent Parliamentary Budget Office (PBO) to provide objective financial analysis of the Budget and the fiscal policies of the government.

    • Allow pre-Budget discussions to enhance legislative input, ensuring that Parliament has a meaningful role in shaping the Budget.

  4. Post-Legislative Scrutiny:

    • Conduct systematic reviews of laws after passage to assess whether they achieve their intended outcomes.

    • India can adopt a model similar to the United Kingdom, where government departments submit reviews of major laws every three to five years, which are then examined by parliamentary committees.

  5. Institutional Strengthening:

    • Make committee reports more accessible to the public through translations, visual explainers, and videos to ensure that citizens understand the issues being discussed and the recommendations being made.

    • Committees should be provided with dedicated research and technical support, rather than relying only on administrative assistance.

  6. Technology-Driven Oversight:

    • Leverage Artificial Intelligence (AI) and data analytics to track policy trends, flag irregularities, and frame evidence-based questions for government ministers. This will improve the efficiency and depth of oversight activities.

Conclusion

As K.R. Narayanan, the former Vice-President of India, aptly noted, the purpose of legislative oversight is not to undermine the administration but to strengthen it by ensuring meaningful parliamentary support for governance. By revitalizing Question Hour, enhancing the role of Parliamentary Committees, reforming budgetary oversight, and leveraging technology, India can ensure that its government remains accountable, transparent, and truly reflective of the will of its people.


 

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