Voice Vote As Constitutional Subterfuge

Context: The recent passing of the laws undermining the Upper House's role in the parliamentary system of India requires scrutiny.

Techniques used for undermining the role of the Upper House:

• Use of voice vote, instead of division vote: 
  • E.g. as demonstrated during the Karnataka Prevention of Slaughter and Preservation of Cattle Bill in State’s Legislative Council and Farm laws passed in Rajya Sabha.
• Money Bill route: Some bills are classified as a money bill even when the laws concerned would not easily fit within that definition.
  • A constitutional bench has referred to the issue of Money Bill provision to a larger Bench.

Arguments against Bicameralism: Criticism of the Upper House

• Will of the people is reflected in Lok Sabha (Lower House): As the members of the lower House is directly elected by the people.
• Rajya Sabha (Upper House) has been a barrier for significant legal changes: e.g. 
  • 42nd Constitutional Amendment could not be repealed because of objections from Rajya Sabha.
  • 64th Constitutional Amendment Bill on Panchayati Raj was narrowly defeated in Rajya Sabha.
• Imperfections in Rajya Sabha: Due to constitutional design and undesirable practices (such as members representing States they have no affiliation to)

The value of Bicameralism:

• To check the monopoly of the lower House.
• Different principles of representation: According to Jeremy Waldron, Rajya Sabha membership is determined by-elections to State Assemblies leads to a different principle of representation.
  • Often allowing different factors to prevail than those in the Lok Sabha elections. 
• Provides for second legislative scrutiny: According to John Stuart Mill, a single assembly (lower House) with assured victory may become despotic and overweening.  
  • Therefore, acts of such an assembly shall be concurred in by another constituted authority (upper House).
• For robust separation of powers:  Rajya Sabha holds the potential of a somewhat different legislative relation to the executive as Lok Sabha is usually dominated by the executive. 

Conclusion: Legislators should view the legislative procedure as indispensable in passing a bill, and even laws that are unquestionably desirable and necessary shall not be enacted using dubious legislative mechanisms.