Context
Parliamentary oversight is a cornerstone of India’s democratic system, ensuring that the executive remains accountable to the legislature and, by extension, to the people. As the country aspires to “Maximum Governance,” the need for “Maximum Accountability” through robust parliamentary oversight becomes even more critical. However, recent trends indicate a weakening of these mechanisms, raising concerns about transparency, effective governance, and the health of Indian democracy.
Constitutional Foundation and Mechanisms
Constitutional Provisions
- Article 75: Mandates collective responsibility of the Council of Ministers to the Lok Sabha.
- Articles 107, 108, 111: Define legislative processes, joint sittings, and presidential assent, reinforcing the legislature’s role in scrutinizing executive actions.
Key Mechanisms of Parliamentary Oversight
- Question Hour and Zero Hour: Allow MPs to question ministers and raise urgent issues, forming the daily backbone of executive accountability.
- Parliamentary Committees: Department-related Standing Committees (DRSCs), Public Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings scrutinize policies, spending, and implementation in detail.
- Debates, Motions, and Budget Scrutiny: No-confidence motions, adjournment motions, and budget debates provide opportunities for systematic government scrutiny.
Challenges Facing Parliamentary Oversight
- Erosion of Question Hour: Frequent disruptions, adjournments, and lack of substantive questions have reduced its effectiveness. In the 17th Lok Sabha, Question Hour functioned only 60% of the scheduled time in Lok Sabha and 52% in Rajya Sabha. MPs often focus on isolated queries rather than comprehensive, cross-cutting scrutiny.
- Underutilization of Committees: Committee reports are rarely debated on the floor of the House, limiting their impact on policy and legislation. Most committees lack adequate research and technical staff, resulting in superficial reviews of complex issues.
- Lack of Research and Analytical Support: MPs often do not have access to specialized staff or professional research support, hampering their ability to scrutinize complex policies and expenditures effectively.
- Declining Quality of Debates: Parliamentary debates are increasingly marked by partisanship and disruptions, rather than evidence-based discussion and constructive criticism.
- Absence of Post-Legislative Scrutiny: India lacks a formal mechanism to review the implementation and outcomes of laws after their passage, leading to a governance gap.
Notable Successes of Oversight
Despite challenges, parliamentary oversight has yielded significant successes:
- The Standing Committee on Railways influenced the waiver of Indian Railways’ dividend payments in 2016.
- The Standing Committee on Transport played a key role in shaping amendments to the Motor Vehicles Bill in 2017.
- The Public Accounts Committee (PAC) exposed irregularities during the Commonwealth Games 2010, with 80% of its recommendations being accepted annually.
Comparative Insights
- In the UK, periodic post-legislative reviews by government departments are examined by parliamentary committees, providing a model for systematic scrutiny.
- The US Congress, with its clear separation of powers, relies heavily on committee systems and independent research support for effective oversight.
Reforms for Strengthening Parliamentary Oversight
- Enhancing Committee System: Grant greater autonomy and clearer powers to committees. Ensure committee findings are debated in Parliament, with mandatory ministerial responses. Increase stakeholder engagement and public accessibility of committee reports through translations and visual explainers.
- Institutional and Legal Reforms: Enact a law to formalize and strengthen oversight mechanisms, especially within the committee system. Establish a Parliamentary Budget Office (PBO) for independent financial analysis and support.
- Research and Technical Support: Provide MPs with dedicated research and technical staff, moving beyond mere administrative assistance.
- Post-Legislative Scrutiny: Create subcommittees or specialized bodies to review the implementation and impact of laws, following models like the UK.
- Leveraging Technology: Utilize artificial intelligence and data analytics to help MPs track policy trends, flag irregularities, and frame evidence-based questions.
Conclusion
Strengthening parliamentary oversight is vital for ensuring that the executive remains transparent, accountable, and responsive to the needs of citizens. As former Vice-President K.R. Narayanan observed, the purpose of legislative oversight is not to weaken the administration but to strengthen it, ensuring meaningful parliamentary support for governance. By reforming existing mechanisms, empowering committees, enhancing research support, and embracing technology, India can revitalize its parliamentary oversight and uphold the democratic principle of government “of the people, by the people, and for the people”.
Source: The Hindu
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