The Times of India, July 03, 2024
Though it is early days, a stormy inaugural session of the 18th Lok Sabha is belying expectations that national politics has re-entered a coalition phase that will bring consensus-building, effective floor management, and backroom parleys back to Parliament.
But it is very important that the parliamentary forum be once again tilted towards its intended purpose — democratic deliberation. Thatʼs the only way to take forward major impending legislative changes such as delimitation of constituencies, 33% womenʼs reservation and the proposed simultaneous elections to Parliament and state legislatures. Ideally, the coalition phase should also reform parliamentary proceedings, to improve the functioning of our legislative system.
Delimitation | As per constitutional provisions, delimitation of Lok Sabha constituencies is to be carried out on the basis of the first census conducted after 2026. Today, on average, an MP from Uttar Pradesh caters to about 3mn citizens, compared to 1.8mn by an MP from Tamil Nadu. Given the disparity in population growth between northern and southern states since the 1971 census, as per which delimitation is currently frozen, delimitation is set to exert pressure on NDA govt.
Unless govt decides to defer delimitation, the exercise provides an opportunity to redesign the structure of Rajya Sabha to compensate states for the loss of Lok Sabha seats and increase fiscal devolution to states as a bargaining measure. It remains to be seen what southern and relatively developed states, such as Andhra Pradesh (governed by BJP ʼs key ally TDP), achieve in terms of political bargaining.
Furthermore, constitutional amendments to enable 33% womenʼs reservation in Parliament and state assemblies can take effect only after a delimitation exercise is carried out. Delaying delimitation would mean delaying a progressive reform as well.
Simultaneous polls | If NDA govt decides to implement the Kovind Committee report recommendations on ʻOne Nation One Electionʼ and hold simultaneous elections, a key roadblock is the fate of govts that lose majority midway through their 5-year term. The report provides that a re-election will be held in such cases, followed by a shorter, less than 5-year term for the new govt until general elections occur.
Reducing the term of an elected legislature to less than 5 years may not stand constitutional scrutiny. A less intrusive alternative is to create a cycle of mid-term elections for such legislatures, with arrangements to enable a minority govt to continue until then.
Bibek Debroy and Kishore Desai, in their 2017 report for Niti Aayog, suggested holding elections in 2.5-year intervals, with general elections and half of the states going to polls together and the other half going to polls after 2.5 years.
Legislative council and local body elections | Only a handful of Indian states have a legislative council. Unlike Rajya Sabha, these legislative councils have limited powers to scrutinise legislation. In the absence of a counterbalancing force of legislative councils, the governing party in state assemblies enjoys complete dominance over the legislative process.
Parliament must establish legislative councils with powers equal to Rajya Sabha for all large states with a threshold population of 5mn. Timing this with Rajya Sabha reform and fiscal devolution mentioned earlier is crucial to ensure statesʼ concurrence.
Legislative council elections must be carried out solely through indirect election by elected members of local bodies after abolishing teachers and graduatesʼ constituencies, similar to how MLAs elect Rajya Sabha MPs. Imposing a constitutional mandate on states to conduct elections to local bodies every 5 years is imperative. As a result, inordinate delays in local body elections, including in major cities like Mumbai and Bengaluru, will be curtailed.
Research support for MPs | India needs to establish a parliamentary research agency for its MPs, similar to USʼs congressional research service. This PRA should offer independent research and factual analysis to MPs, especially those from smaller regional or single-person parties that are disadvantaged in terms of financial and intellectual resources to adequately scrutinise bills.
Besides, Lok Sabha has a high turnover rate. In the 18th Lok Sabha, 51.5% of MPs are first-time parliamentarians. This was 49% in 2019 and 58% in 2014. Although many of these first-time MPs might have had legislative experience in state assemblies, a parliamentarianʼs domain is quite broad, and policies need in-depth study and scrutiny.
Standing committees | Disruptions and adjournments have impacted parliamentary discourse over the last two decades. This, in turn, affects the quality and depth of scrutiny that bills undergo. Rules of procedure should be amended to mandate that every bill introduced in Parliament be sent to the relevant parliamentary standing committee for scrutiny. This would ensure that bills undergo a multi-party consultative process away from the media glare before being passed by Parliament. Mandating committee scrutiny for bills must also be extended to state legislatures in due course.
Division of votes | Lastly, all bills voted upon in Parliament should be decided by division of votes using automatic vote recorders and not by voice vote. The current practice of Speakerʼs discretion in holding a division must be abolished. Recording each vote will allow the public to hold their MP accountable. An official record also allows researchers to study and interpret policy preferences and diversity of opinion within Parliament
Impending legislative changes like increase in the size of Parliament and womenʼs reservation provide an excellent opportunity for implementing these reforms.
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