New Delhi 28 December 2004   

Drifting Towards Disaster

IS PARLIAMENT BECOMING IRRELEVANT?

By Poonam I Kaushish

We have been through all this before. Of how India’s Parliament is increasingly being devalued. Virtually becoming into a tamasha. That the very protectors of this high temple of Parliamentary democracy have become its denigrators and destroyers. And how in their “collective wisdom” our Right Honourables, have been spewing sheer contempt on Parliament, wittingly or unwittingly. Reducing the grand red stone building into an akhara, where politically motivated bashing is the order of the day and agenda a luxury to be taken up when the lung power is exhausted.

If proof was needed, the shortest ever17-day winter session was testimony to this fast decline. Instead of reasoned debate on issues concerning the aam aadmi, our Right Honourables concentrated on raising “hot” items. For the Opposition charge of gross misuse of the CBI by the PMO concerning Advani in the Ayodhya case and of Railway Minister Laloo Yadav’s “contempt” of Parliament in not making a statement in the House on a major rail accident in Punjab and instead flying off to Patna, the Congress-led UPA Government created “tehelka” with media reports of a Gujarat BJP MLA bribing Zahira, key witness in the Best Bakery case, with Rs 18 lakhs to change her stand. Not to mention the absurd sight of two senior Cabinet Ministers trading mutual charges of corruption et al.

Clearly, this has been a lose-lose session. The Government lost out as it was unable to transact scheduled business. The Opposition adopted a posture of hostility and disruption, making reasoned debate impossible. With the result that Parliament loses its credibility and prestige when crores of public money goes down the drain. That we are slowly but surely heading towards disaster is obvious. Notwithstanding the valiant efforts of Rajya Sabha Chairman Shekhawat and Lok Sabha Speaker Chatterjee to arrest the decline. Raising a moot point: Is Parliament becoming irrelevant?   

The amount of legislative business transacted during the session illustrates how “powerless” Parliament has become in stemming the mounting rot. Of the 43 important Bills scheduled to be debated and voted, only half were passed. Of the 19 new Bills introduced in the Lok Sabha, 11 were voted.  Justified the Parliamentary Affairs Minister Ghulam Nabi Azad: “The last Budget session lasted three months but transacted only 10 per cent of the business. Whereas in the 17-day session it was 100 per cent business.” Really?

His next sentence exposed its hollowness. “All laws which the Government thought were important were passed…. Where is the need for a longer session?” Aren’t all laws important? If not, then why the laws? And why list them in the list of business. Are they just gap fillers, to inflate the quantum of business to score brownie points? Sadly, making a mockery of Parliament’s primary responsibility of enacting legislation.

A case in point: the scandalous treatment of the important National Commission for Minorities Educational Institutions Bill. This highly sensitive Bill was hurriedly introduced, debated and passed virtually with empty benches in both the Houses. Over 74 reservations were voiced by the MPs in the Rajya Sabha, cutting across Party lines on certain crucial Clauses of the Bill. Even by members who generally support Government legislations. The BJP wanted it referred to the Select Committee to fine tune the Bill and report back on the first day of the next session. Alas, to no avail.

Nominated Rajya Sabha member Fali S. Nariman raised some vital issues of far-reaching consequence as a leading legal luminary since he did not wish “the Bill to be declared unconstitutional.” Article 30 of the Constitution, he told the Human Resources Minister, Arjun Singh, undoubtedly gave the minorities the right to administer and maintain educational institutions of their choice, but it did not empower the Government “to define who are the minorities?” What is more, the Supreme Court was still grappling with an appropriate definition of minority. Two views had been expressed before the Apex Court. One that religious minorities were, perhaps the national minorities whereas linguistic minorities were State-based minorities.

More. He warned the House against “a good legislation sometimes going awry.” Therefore, the clause defining minority “should be deleted or it should be prescribed by rules that ‘all minorities’ is meant by the word ‘minority’, wherever they are. Otherwise, there is going to be a lot of problems between minorities, between linguistic minorities and religious minorities.” However, all he pleaded powerfully was like water off a duck’s back.

Another crucial legislation, the Patent Bill failed to get Parliament’s approval, despite its serious economic ramifications for the country vis-à-vis the World Trade Organization. It needed to be passed before the next budget session. Yet the Government dilly-dallied, presumably because it preferred the convenient Ordinance route which enables it to present Parliament with a fait accompli. Two Appropriation Bills, the Supplementary Demands for Grants General and Railways were passed in the Lok Sabha with only about 60 MPs present.

Issues of vital national interest, like India’s foreign policy and internal security fared even worse, notwithstanding the fact that these were being discussed by Parliament after a long time. Only a smattering of MPs were present in both Houses when these were debated. Repeated ringing of the quorum bell failed to get them to give up their gupshup in the Central Hall. Unlike in the past, even the presence of the Prime Minister failed to ensure a sizable attendance. On Monday last, when Manmohan Singh eventually made his much-needed statement on his visits abroad and his meetings with top foreign leaders during the intersession period in the Lok Sabha barely 75 MPs were present.

With the numbers game becoming the sole criteria of a successful session, members are increasingly showing less and less interest in their main job of law making. This has come down to barely 16 per cent. Maximum time is spent on other matters or unlisted issues, 50 per cent. During this session, a lot of time was wasted on insignificant issues during the Zero Hour. In the Eleventh Lok Sabha, 5.28 per cent of time was lost in disruptions. This climbed to 10.66 in the next House and has soared to 22.40 per cent in the Thirteenth Lok Sabha.

Tragically, our legislators seem to suffer no sense of guilt or qualms of conscience. The time has come to hold them accountable. They have been elected to delve on issues vital to the people. They are paid hefty salaries, perks and innumerable freebies. They should be held accountable for their actions in Parliament and should face recall if they fail to deliver, as advocated by Loknayak JP. The onus lies on all sides of the House. It is the job of the Opposition to keep the Government on its toes. But it is the responsibility of the Treasury Benches to ensure the smooth running of both the Houses and conduct of Government business. Remember Parliamentary democracy can succeed only when the rules of the game are followed honestly. Else it will become redundant and irrelevant. ----- INFA

(Copyright India News and Feature Alliance)