Implications of Poor Legislative Functioning & Key Parliamentary Reforms

Poor legislative functioning weakens democracy and burdens the judiciary. Explore key parliamentary reforms to improve efficiency, transparency, and accountability.

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The Indian Legislature plays a vital role in governance, policy-making, and upholding democratic principles. However, its declining efficiency has significant consequences, ranging from weakened accountability to increased judicial burden. This article explores the implications of poor legislative functioning and suggests key parliamentary reforms to improve efficiency and transparency.

Implications of Poor Legislative Functioning

Declining Trust in the Democratic Process

A poorly functioning legislature erodes public confidence in democracy. Citizens perceive the system as ineffective, leading to lower voter turnout and reduced civic engagement in elections.

Weakening of Opposition's Accountability Role

One of the core functions of a democracy is ensuring that the government remains accountable. However, if Parliament does not function effectively, the opposition loses its ability to scrutinize government policies, weakening the checks and balances essential for a healthy democracy.

The Role of Extensive Debates in Lawmaking

Parliamentary debates are crucial in refining legislation. Without thorough discussions, bills are often passed hastily, leading to poorly structured laws that may require later amendments or even judicial intervention. Proper debates help legislators understand underlying policy issues and prevent flawed laws from being enacted.

Decreased Legislative Productivity

Frequent disruptions, reduced sittings, and rushed discussions contribute to declining productivity in Parliament. The fewer the number of sittings, the fewer laws and policies that get passed after thorough discussion, affecting governance and economic progress.

Legislative Vacuum and Separation of Powers

Delays in policymaking create a legislative gap, which is often filled by the executive or judiciary. This disrupts the doctrine of Separation of Powers, leading to executive overreach and judicial intervention in legislative matters.

Increased Burden on the Judiciary

Poor legislative functioning results in rushed laws that lead to unnecessary litigation. Citizens, businesses, and government bodies frequently challenge these laws in court, increasing the burden on the judiciary. Even the Chief Justice of India has raised concerns about gaps in law-making contributing to rising litigation.

Suggested Parliamentary Reforms

1. Enhancing Parliamentary Efficiency and Accountability

  • Fixing a Minimum Number of Sittings: Parliament should have a legally mandated minimum number of working days to ensure legislative efficiency.

  • Strengthening Departmental Committees: More bills should be referred to standing committees for detailed scrutiny before being passed.

2. Promoting Transparency and Access to Information

  • Members of Parliament should be provided with updated and comprehensive information on policy matters.

  • A more accessible parliamentary record system should be established to enhance transparency and ensure well-informed decision-making.

3. Ensuring Professionalism and Training

  • A strict code of conduct should be enforced for Members of Parliament, particularly those serving on key committees.

  • Professional training should be provided to MPs to improve their understanding of complex policy matters.

4. Enhancing Legislative Assessment and Planning

  • Every proposed legislation should undergo a detailed impact assessment covering social, economic, environmental, and administrative aspects.

  • This assessment would help lawmakers make better-informed decisions, reducing the risk of rushed or poorly framed legislation.

5. Strengthening the Role of the Opposition

  • India could introduce a Shadow Cabinet, similar to the British system, where opposition leaders are assigned to specific portfolios to provide alternative policy proposals.

  • This would improve policy discussions and ensure stronger accountability in governance.

Conclusion

The poor functioning of the Indian Legislature has serious consequences, from eroding democratic trust to increasing the burden on the judiciary. By implementing key reforms such as increasing parliamentary sittings, strengthening committees, enforcing professionalism, and introducing a Shadow Cabinet, India can improve legislative efficiency and ensure better governance. A strong, transparent, and accountable Parliament is essential for a thriving democracy.



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