House, Interrupted

Disruptions, adjournments and delays to proceedings have been a feature of parliamentary business in India. But the number of actual sittings of both Houses has also gone down drastically over the years, impacting Parliament's function to frame robust policies and laws, aid in better governance and hold the government to account.

Data shows Parliament has been progressively allocating fewer days to meet. It has been meeting even less on those days — marked more by pandemonium and acrimonious scenes than real discussion. The governments have been trying to make up for lost time by pushing through legislation faster with much deliberation, raising concerns over the efficacy of Parliament in the world's largest democracy.

Decline begins

To begin with, the Lok Sabha, constituted in 1952, sat for 103 days that year. The first session of the second Lok Sabha conducted business for over 160 days in 1957 — the longest period in the history of the Indian Parliament.

Through the 1950s, the average was 127 days a year. Till the 9th Lok Sabha, whose term ended in 1991, the Houses usually sat for around 100 days in a year, with some exceptions.

But the year 2008 saw the Opposition agitating against the Manmohan Singh government's civil nuclear deal with the US, and there were only 46 actual sittings of Parliament. There have been many other instances of shorter Sessions, but they were either at the end of the Lok Sabha's term or when the House was dissolved by the President. In the 15th Lok Sabha between 2009 to 2014, with the Congress-led UPA at the helm, the number of days came down drastically to 70.

Over the past four years of the BJP-led NDA rule, the average has nose-dived further to 61 days. In 2017, so far, Parliament has sat for a mere 48 days — 29 during the Budget Session and 19 during the Monsoon Session.

There are concerns because Parliament links the government with the people. It's the country's top debating body for issues of national importance. It's here that constituency grievances are articulated.

The current situation is, despite a commitment by presiding officers, chief ministers, ministers of parliamentary affairs, leaders and whips of parties made at a conference in 2001 and called for immediate steps to ensure that Parliament as well as State Assemblies meet for a minimum of 110 days every year. Then Vice President Hamid Ansari, while inaugurating Whips Conference in 2008, had also suggested an increase in the number of sittings of Parliament to 130 days per year.

Unlike many other democracies where Parliament sits throughout the year, India had adopted a different pattern, keeping in view its size and other occupations of its MPs. The Constitution specifies that six months shall not intervene between the last sitting of one session and the first sitting of the next. This means that Parliament meets at least twice a year. Over the years, parliamentary convention has evolved towards three sessions in a year. Parliament begins with a Budget Session (February-May), followed by a Monsoon Session (July-August/September) and a Winter Session (November-December).

Also, in India, Parliament does not have the power to convene itself. The President on advice of the Council of Ministers summons Parliament. This means, Parliament effectively meets at the behest of the government. The government therefore can choose to convene Parliament depending on the business it needs to push through.

This year, the Winter Session of Parliament has been delayed and will be held from December 15 to January 5. This year's Winter Session is for 22 days, while last year's was for 31 days. The Congress has criticised the government for delay in announcing the dates. Party president Sonia Gandhi said, "PM had the audacity to launch a flawed GST but today he lacks the courage to face Parliament." Union Minister Arun Jaitley, however, said changing the schedule of a Parliament session during elections is nothing new. "The Congress has also done it before," he said.

In the UK, Israel and many other countries, Parliaments sit through the year. Every week, from Monday to Wednesday, Parliaments function. Committees sit every Thursday. MPs utilise Fridays to visit their constituencies before taking the weekend off. The British Parliament, for example, sits for 200 days in a year.

An independent think-tank, the PRS Legislative Research, maintains that the number of actual sittings has come down also because much of Parliament's tasks were handed over to various department-related standing committees instituted in 1993. These committees now scrutinise Bills and issues behind closed doors, outside the scheduled sittings of Parliament.

New Law Sought

CPI(M) general secretary Sitaram Yechury has called for enacting a law to ensure there is at least 100 days of active presence of members when Parliament is in Session. This will make sure that the government of the day is held accountable for its actions and policies, and members get enough time to deliberate on key issues, the Rajya Sabha member said.

"Then only will Parliament function smoothly. This is absolutely necessary to arrest the growing trend of disinterest and negligence towards legislative work," Yechury said. His concerns are echoed by ruling alliance MP Naresh Gujral of the Akali Dal. He in fact tabled a Private Member's Bill, the Parliament Enhancement of Productivity Bill, in March, asking Parliament to meet at least for 100 days a year, spread over four sessions. It also calls for the convening of a Special Session of both Houses for fifteen days.

PD Thankappan Acharya, former secretary general of the Lok Sabha, said it was a matter of concern that Parliament was not getting the priority it deserved at the hands of the Executive. According to the statutes, the Executive is collectively responsible to the Legislature. The collective responsibility of the Executive is the essence of a responsible government.

"The Executive cannot withdraw a paisa from the consolidated fund without the authority of law made by the Legislature. The Executive cannot levy or collect any tax from citizens without the authority of law made by the Legislature. The Legislature makes laws which the Executive is duty-bound to enforce. The Legislature has the power to throw out a government when it loses the confidence of the House," he said. Now, when the Constitution vests all these powers in the Legislature, it expects the legislative branch to carry out these functions in the most effective manner.

While a decline in parliamentary standards is not unique to the Indian system, the decreasing number of sittings, forced adjournments, executive forcing control over parliamentary functions and vanishing accountability to Parliament have left no doubt that there is an unprecedented crisis. In most cases, some of the MPs are themselves responsible for the situation. Experts believe there is a need to codify Parliament rules for debate participation, discipline and decorum, and also for fine and punishments for violations. Experts say compulsory attendance of MPs during Sessions is to be made a rule unless otherwise allowed by the Speaker.

An annual report card of each PM should be prepared on their attendance during Sessions, participation in debates and discussions and questions raised for distribution amongst the people of their constituencies. The parties should also file in elections only those MPs who have performed well. It is the responsibility of the treasury benches and the Opposition to ensure smooth and effective running of the House.

EFFORTS MADE

2001: CMs, ministers, leaders and whips of parties called for immediate steps in 2001 to ensure Parliament and State Assemblies meet for a minimum of 110 days every year.

2008: Then Vice President Hamid Ansari suggested an increase in the number of sittings of Parliament to 130 days per year.

March, 2017: Akali Dal MP Naresh Gujral tabled a Private Member's Bill, the Parliament Enhancement of Productivity Bill, asking Parliament to meet at least for 100 days a year, spread over four sessions.

GLOBAL SCENE

In the UK, Israel and many other countries, Parliaments sit through the year. Every week, from Monday to Wednesday, Parliaments function. Committees sit every Thursday. MPs utilise Fridays to visit their constituencies before taking the weekend off. The British Parliament, for example, sits for 200 days in a year.

HOW IT WORKS

PARLIAMENT SESSIONS

The Constitution specifies that there should not be a gap of more than six months between two sittings. This means that Parliament must meet at least twice a year. Over the years, parliamentary convention has evolved towards three sessions in a year. Parliament begins with a Budget Session (February-May), followed by a Monsoon Session (July-August/September) and a Winter Session (November-December).

WHO CALLS SESSIONS

The President, on advice of the Council of Ministers, summons Parliament. This means, Parliament effectively meets at the behest of the government. The government therefore can choose to convene Parliament depending on the business it needs to push through.

LATEST REDUCTION

This year, the Winter Session has been delayed and will be held December 15-January 5, for 22 days, while last year it lasted 31 days. The Congress party has criticised the government for delay in announcing the dates, alleging that the ruling dispensation is afraid to face Parliament.