EVOLUTION OF THE PARLIAMENT IN THE INDIAN CONSTITUTION

This article is written by Vandna Singh of 3^rd Semester of Kazi Nazrul University, an intern under Legal Vidhiya  

ABSTRACT

The evolution of the Indian Parliament reflects its central role in shaping democratic governance since independence. Rooted in the Government of India Acts of 1919 and 1935, the Parliament’s bicameral structure—comprising the Lok Sabha and Rajya Sabha—was framed by the Constituent Assembly to address India’s diverse political needs. Over time, it has expanded its legislative, budgetary, and oversight functions, with parliamentary committees growing in importance. Key amendments, such as the Anti-Defection Law and limitations on ministerial size, have influenced its operations. Despite challenges like frequent disruptions and executive dominance, Parliament continues to adapt within India’s federal framework. This article contains an in-depth exploration of these developments, offering insight into the ongoing evolution of the Indian Parliament.

KEYWORDS

Accountability, Federalism, Lawmaking Executive dominance, Legislative fatigue, Public trust, Pluralism, Executive dominance, & Montagu-Chelmsford Reforms.

INTRODUCTION

The Indian Parliament, serving as the bedrock of the country’s democratic system, has undergone substantial evolution since the adoption of the Constitution in 1950. Its historical origins can be traced to the colonial period, particularly through the Government of India Acts of 1919 and 1935[1][2]. These laws introduced the concept of representative governance in India, though in a limited manner.

However, it was the Constituent Assembly, convened after independence, that crafted a robust parliamentary structure. The Assembly, mindful of India’s immense social, linguistic, and regional diversity, opted for a bicameral legislature. The Lok Sabha (House of the People) was designed to represent the population at large, while the Rajya Sabha (Council of States) was established to protect the interests of the states, thereby ensuring a balance between regional and national interests.

In its early years, Parliament was primarily tasked with legislating on critical issues necessary for nation-building. Over time, its responsibilities expanded to include not only lawmaking but also functions such as scrutinizing the actions of the executive, controlling the national budget, and holding the government accountable. The development of parliamentary committees has been a significant milestone in enhancing the institution’s effectiveness, allowing more detailed examination of policies and governance.

Key amendments have shaped the parliamentary process. The 52nd Amendment introduced the Anti-Defection Law to prevent legislators from shifting political allegiances, thus stabilizing governments[3]. The 91st Amendment aimed at limiting the size of ministries to prevent excessive centralization of power.[4] Despite these developments, Parliament has encountered several challenges, such as frequent disruptions, erosion of meaningful debate, and increasing dominance of the executive in legislative affairs.

STRUCTURE OF THE PARLIAMENT[5]

The Parliament of India, as established by the Constitution, is a bicameral legislature, meaning it consists of two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This structure is designed to ensure both direct representation of the populace and adequate representation of the states, reflecting the country’s diverse social and political landscape.

1. Lok Sabha

The Lok Sabha is the lower house of Parliament and plays a crucial role in the legislative process. It is composed of representatives directly elected by the people of India, making it the most democratic component of the Parliament. Here are key features of the Lok Sabha:

1. Composition: The Lok Sabha consists of a maximum of 552 members. This includes up to 530 members elected from the states, up to 20 members elected from the Union territories, and 2 members nominated by the President from the Anglo-Indian community, although this provision for nomination has been removed by the 104th Constitutional Amendment.
2. Term: Each member serves a term of five years, but the Lok Sabha can be dissolved earlier by the President on the advice of the Prime Minister.
3. Functions: The Lok Sabha is primarily responsible for making laws, controlling finances, and overseeing the executive. It plays a vital role in budget approval, and no money bill can be introduced in Parliament without its consent. The Lok Sabha also has the power to remove the government through a vote of no confidence, making it a crucial check on executive power.
4. Leadership: The Speaker of the Lok Sabha, elected by its members, presides over its sessions and maintains order during debates. The Speaker plays a pivotal role in facilitating discussions and ensuring that parliamentary procedures are followed.

2. Rajya Sabha

The Rajya Sabha, the upper house of Parliament, is designed to represent the interests of the states and union territories. Its structure and functions are as follows:

1. Composition: The Rajya Sabha consists of a maximum of 250 members, of which 238 are representatives of the states and union territories, and 12 are nominated by the President for their expertise in fields such as literature, science, art, and social service. The representatives from the states are elected by the elected members of the State Legislative Assemblies.
2. Term: Rajya Sabha members serve staggered six-year terms, with one-third of the members retiring every two years. This arrangement ensures continuity within the house.
3. Functions: The Rajya Sabha serves several critical functions, including reviewing and amending legislation passed by the Lok Sabha. While it cannot initiate money bills, it can delay their passage and suggest amendments. The Rajya Sabha also plays a vital role in representing the interests of states in the federal framework, thereby providing a voice for regional concerns.
4. Leadership: The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha. The Chairman’s role is similar to that of the Speaker in the Lok Sabha, overseeing debates and maintaining decorum.

3. Legislative Process

Both Houses of Parliament play integral roles in the legislative process. A bill can be introduced in either House (except for money bills, which must originate in the Lok Sabha). After introduction, a bill goes through several stages, including:

1. First Reading: Introduction of the bill, followed by its circulation among members.
2. Second Reading: Detailed discussion on the bill’s principles and provisions.
3. Committee Stage: Examination of the bill by a parliamentary committee, which can suggest amendments.
4. Report Stage: Consideration of the committee’s report and further amendments.
5. Third Reading: Final discussion and voting on the bill.

STAGES OF PASSING A BILL IN THE PARLIAMENT[6]

• Introduction of the Bill

A minister or member introduces the bill in either house of Parliament, asking for leave before doing so. They read the title and objectives of the bill. After introduction, the bill is published in the Gazette of India. 

Importance: This step formally brings the bill into the legislative process, allowing Parliament and the public to become aware of its contents and objectives.

• General Discussion and Referral

In this phase, the house discusses the bill generally. The house may choose one of four actions: consider the bill immediately or at a later date, refer it to a select committee of the House, refer it to a joint committee of both Houses, or circulate it to gather public opinion. 

– Select Committee: Composed of members from the house where the bill was introduced. 

– Joint Committee: Consists of members from both Houses. 

• Committee Examination 

The select committee examines the bill in detail, reviewing it clause by clause. It can amend provisions but cannot alter the fundamental principles of the bill. The committee then reports the bill back to the house. 

Importance: This phase allows for a thorough examination of the bill, ensuring it is critically reviewed and improved before being finalized. The committee’s scrutiny adds depth to the legislative process.

• Clause-by-Clause Review

The house considers the bill clause by clause, allowing members to propose amendments. If accepted, the amendments become part of the bill. 

Importance: This stage ensures that each aspect of the bill is carefully debated, allowing members to make modifications that enhance its effectiveness and address concerns.

• Final House Decision

The house votes on the bill. If a majority of members present and voting accept the bill, it is passed; otherwise, it is rejected. 

Importance: This phase finalizes the house’s stance on the bill, reflecting the outcome of deliberations. It marks the formal conclusion of the bill’s journey in the house where it was introduced.

• Consideration in the Other House

The bill goes through the same stages—introduction, discussion, committee referral, and voting—in the second house. The second house may pass, amend, reject, or keep the bill pending. 

Importance: This step ensures a bicameral review of the bill. The second house can propose improvements, reject the bill, or approve it, adding an extra layer of scrutiny and balance to the legislative process.

• Presidential Approval

The President can approve the bill, turning it into an Act, withhold assent, or return the bill for reconsideration. If returned and passed again, the President must give assent. 

Importance: The President’s assent is the final step that transforms the bill into law. This phase ensures that the bill undergoes an additional constitutional check before becoming legally binding.

CONSTITUTIONAL FOUNDATIONS OF THE INDIAN PARLIAMENT

The evolution of the Indian Parliament is rooted in a long history of colonial governance and the gradual introduction of representative institutions in India under British rule. The journey toward the establishment of a bicameral parliamentary system in independent India was shaped by the political and administrative developments that occurred over more than a century, beginning with early reforms initiated by the British to address growing demands for Indian representation.

The first significant step toward legislative representation came with the Indian Councils Act of 1861[7], which introduced a form of legislative council at both the central and provincial levels. However, this was far from a democratic institution, as it largely remained an advisory body with limited powers, and its members were predominantly nominated by the British government. Nonetheless, it marked the beginning of legislative bodies in India, though these were dominated by British officials with very minimal Indian participation.

A more transformative moment came with the Government of India Act of 1919, popularly known as the Montagu-Chelmsford Reforms.[8] This Act, passed in the aftermath of World War I and amid rising nationalist sentiments, introduced a system of dyarchy in the provinces. Under this arrangement, certain areas of governance, like education and public health, were transferred to elected Indian ministers, while more crucial areas such as finance and law enforcement remained under the control of British officials. Although this system fell short of Indian expectations, it represented a step toward involving Indians in governance, even if their role was limited to specific departments.[9]

The Government of India Act of 1935 was a more comprehensive piece of legislation that laid the foundation for modern federalism in India[10]. It established the framework for a bicameral legislature at the central level, with the creation of the Federal Assembly (a precursor to the Lok Sabha) and the Council of States (a precursor to the Rajya Sabha). This Act also divided legislative powers between the central government and the provinces, providing the provinces with a degree of autonomy over certain subjects. However, the real control remained with the British Governor-General and the central government, and the Indian legislature continued to be subject to significant British oversight.[11]

Despite its limitations, the 1935 Act was crucial in shaping India’s future legislative and federal structure. It created a blueprint for a more inclusive parliamentary system, which Indian leaders would later expand upon during the drafting of the Constitution. The federal structure introduced under the Act, with a division of powers between the Centre and the provinces, would later serve as the foundation for India’s modern federal system of government.

Following India’s independence in 1947, the Constituent Assembly, composed of representatives from across the country, took on the monumental task of drafting a Constitution that would define the structure of the Indian state. The Assembly drew upon both the lessons of colonial governance and international models of parliamentary systems, particularly the British model. The framers of the Constitution were keenly aware of India’s diversity—linguistic, cultural, religious, and regional—and sought to create an institution that would ensure representation for the nation’s people while balancing the needs of different states and regions.[12]

The bicameral structure of the Indian Parliament, as established in the Constitution of 1950, reflected this vision. The Lok Sabha, or House of the People, was designed to be the directly elected chamber, representing the population and ensuring democratic accountability. The Rajya Sabha, or Council of States, was established to represent the interests of the states and regions, thereby providing a mechanism for states to have a voice in national legislation. This balance between the two Houses was seen as essential for maintaining India’s unity and integrity, given its immense diversity.

The influence of colonial-era legislative reforms, such as the 1919 and 1935 Acts, is evident in the structure and functioning of India’s Parliament. The system of checks and balances, the division of powers between the Centre and states, and the establishment of an upper house to represent the states all have their roots in these earlier developments. However, the Constituent Assembly went beyond the colonial model by introducing significant innovations, such as universal adult suffrage, ensuring that every Indian citizen would have the right to vote, regardless of property, education, or social status.[13]

Thus, the historical evolution of the Indian Parliament reflects a long and gradual process of political development, influenced by both colonial governance and the aspirations of a newly independent nation. The Parliament, as it exists today, is the product of these diverse historical influences, shaped by the demands for greater representation and participation that emerged during the colonial period, as well as the vision of the framers of the Constitution to create a democratic institution capable of addressing the unique challenges of governing a vast and diverse country like India.

AMENDMENTS IN STRUCTURE OF THE PARLIAMENT

The Indian Parliament has evolved significantly since its inception in 1950, with various amendments and changes reflecting the dynamic nature of Indian politics, society, and governance. These modifications have aimed to enhance the effectiveness of parliamentary functions, ensure better representation, and address emerging challenges.

Several constitutional amendments have played a critical role in shaping the structure and functioning of Parliament:

52nd Amendment (1985): This amendment introduced the Anti-Defection Law, which aimed to curb the menace of political defections. It disqualified members of Parliament and State Legislatures from being elected if they defected from the party that elected them. This measure was implemented to stabilize political parties and maintain the integrity of the parliamentary system.[14]

73rd and 74th Amendments (1992): These amendments marked a significant shift by introducing a three-tier system of governance at the local level through the establishment of Panchayati Raj institutions in rural areas and urban local bodies. While these changes primarily focused on local governance, they indirectly impacted Parliament by increasing political awareness and participation among citizens, thereby influencing the broader legislative agenda.[15]

86th Amendment (2002): This amendment made education a fundamental right for children aged 6 to 14 years, emphasizing the importance of education in national development. The Parliament was tasked with formulating laws to ensure the realization of this right, thereby expanding its legislative responsibilities.[16]

91st Amendment (2004): This amendment introduced provisions to limit the size of the Council of Ministers at both the central and state levels. It aimed to prevent the excessive concentration of power and ensure a more effective functioning of the executive branch in relation to the legislative framework.[17]

CHALLENGES TO PARLIAMENTARY FUNCTIONING [18]

The Indian Parliament, as the cornerstone of democracy, faces a myriad of contemporary challenges that impede its functioning. These challenges not only affect the legislative process but also undermine the principles of accountability, representation, and deliberation that are essential to a healthy democracy. Key contemporary challenges include disruptions in sessions, declining quality of debates, and the increasing dominance of the executive branch.

1. Disruptions in Sessions                  

One of the most visible challenges to parliamentary functioning is the frequent disruptions that occur during sessions. These disruptions can stem from various reasons, including protests by opposition parties, contentious issues, and a lack of consensus on critical legislative matters.

Impact on Legislative Work: When sessions are disrupted, important bills and discussions are sidelined, resulting in a backlog of legislative work. This leads to the stalling of vital policies that require timely approval, such as budget allocations or social welfare programs.

Public Perception: Persistent disruptions can lead to public disillusionment with the parliamentary process. Citizens may perceive Parliament as ineffective, questioning its ability to address pressing issues and fulfill its responsibilities.

2. Declining Quality of Debates

Another significant concern is the declining quality of debates within Parliament. While the legislative process is meant to facilitate informed discussions on policy matters, the current environment often witnesses superficial and partisan exchanges.

Lack of Substance: Many debates lack depth and rigor, focusing more on political point-scoring than on substantive policy discussions. This decline in quality can hinder informed decision-making and reduce the effectiveness of parliamentary oversight.

Reduced Participation: The declining quality of debates has also contributed to reduced participation from members, particularly those from marginalized or less politically influential backgrounds. When debates are dominated by partisan rhetoric, it can discourage meaningful contributions from diverse voices.

3. Increasing Dominance of the Executive

The relationship between the executive and the legislature has evolved, with the executive branch increasingly exerting dominance over parliamentary functions. This trend raises concerns about the balance of power within the government.

Centralization of Power: The concentration of power within the executive can lead to a dilution of legislative authority. When key decisions are made unilaterally by the executive, the role of Parliament as a deliberative body is undermined, reducing its effectiveness in representing public interests.

Legislative Fatigue: The reliance on ordinances—temporary laws promulgated by the executive when Parliament is not in session—has raised concerns about legislative fatigue. Frequent use of ordinances can bypass the parliamentary process, limiting opportunities for debate and scrutiny.

4. Consequences for Democracy

The challenges of disruptions, declining debate quality, and executive dominance have profound implications for Indian democracy:

Erosion of Accountability: When Parliament fails to function effectively, the ability of legislators to hold the executive accountable diminishes. This can lead to unchecked power, weakening democratic governance.

Public Trust: A dysfunctional Parliament can contribute to a decline in public trust in democratic institutions. Citizens may feel disillusioned, questioning the legitimacy and efficacy of their representatives.

Threat to Pluralism: The challenges faced by Parliament can threaten the pluralistic nature of Indian democracy, where diverse voices and perspectives are essential. If parliamentary functioning is compromised, marginalized groups may find it increasingly difficult to have their concerns addressed.

To address the contemporary challenges facing the Indian Parliament, a series of solutions can help restore its effectiveness and uphold democratic values. Reducing disruptions in sessions can be achieved through stricter enforcement of rules, encouraging consensus-building among political parties, and implementing structured debate schedules. These measures will improve legislative efficiency and ensure timely passage of important bills.

Enhancing the quality of debates is another crucial solution, which can be achieved by providing MPs with capacity-building programs, promoting ethical standards, and encouraging broader participation, particularly from marginalized voices, to ensure more substantive discussions. Balancing the increasing dominance of the executive requires strengthening parliamentary committees, limiting the use of ordinances, and enhancing accountability mechanisms to preserve the legislature’s oversight role.

Additionally, restoring public trust in Parliament involves increasing transparency through accessible parliamentary proceedings, promoting civic education, and reinforcing democratic values to rebuild confidence in the legislative process. Lastly, fostering inclusivity by ensuring representation of marginalized voices in debates and committees will help maintain the pluralistic nature of Indian democracy. Together, these solutions aim to strengthen Parliament’s role in governance, ensuring it remains a cornerstone of democracy.

CONCLUSION

Indian Parliament has emerged as a cornerstone of the country’s democratic framework, evolving significantly since its inception in 1950. Rooted in colonial governance structures, it has transformed into a bicameral legislature that reflects India’s rich diversity and aspirations for representative governance. The Lok Sabha and Rajya Sabha, each with distinct roles and responsibilities, embody the principles of accountability and federalism, ensuring that both the populace and states have a voice in national legislation.

While the Parliament has made significant strides in lawmaking and holding the executive accountable, it faces considerable challenges. Frequent disruptions, declining quality of debates, and the increasing dominance of the executive threaten to undermine its effectiveness. These issues not only hinder legislative work but also erode public trust in the parliamentary process.

To address these challenges, ongoing reforms and innovations are essential. Strengthening parliamentary procedures, enhancing the representation of marginalized groups, particularly women, and ensuring a balance of power between the legislature and the executive are vital steps toward revitalizing the institution. By embracing these changes, the Indian Parliament can better serve its democratic purpose and continue to adapt to the evolving needs of the nation, thereby reinforcing the ideals of accountability, representation, and deliberation in a diverse and dynamic society.

REFERENCES

1. The Government of India Act 1919, (India)
2. The Government of India Act 1935, (India)
3. Madhukar Shyam, Anti-defection law: Features, limitations and reforms, Indian Express (Sep. 27, 2024, 1:30 PM), https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/anti-defection-law-features-limitations-and-reforms-9496378/
4. Astitva Kumar, All about 91st amendment of the Indian Constitution, IP Leaders (Sep. 27, 2024, 1:30 PM), https://blog.ipleaders.in/all-about-91st-amendment-of-the-indian-constitution/
5. Vajiram and Ravi, https://vajiramandravi.com/quest-upsc-notes/structure-of-the-indian-parliament/ (last visited Sep. 27, 2024).
6. Indian Councils Act 1861, 1861 (India)
7. Byju’s, https://byjus.com/free-ias-prep/ncert-notes-government-of-india-act-1919/ (last visited Sep. 27, 2024).
8. Khadija Khan, The 73rd and 74th Amendments, which first introduced reservation for women in elected bodies, Indian Express (Sep. 27, 2024, 3:23 PM), https://indianexpress.com/article/explained/explained-law/73-74-amendment-reservation-women-elected-bodies-8947255/
9. India.gov.in, https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-eighty-sixth-amendment-act-2002, (last visited Sep. 27, 2024).
10. Forum IAS, https://forumias.com/blog/functioning-of-parliament-challenges-and-way-forward/ (last visited Sep. 27, 2024).

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[1] The Government of India Act 1919, (India)

[2] The Government of India Act 1935, (India)

[3] Madhukar Shyam, Anti-defection law: Features, limitations and reforms, Indian Express (Sep. 27, 2024, 1:30 PM), https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/anti-defection-law-features-limitations-and-reforms-9496378/

[4] Astitva Kumar, All about 91st amendment of the Indian Constitution, IP Leaders (Sep. 27, 2024, 1:30 PM), https://blog.ipleaders.in/all-about-91st-amendment-of-the-indian-constitution/

[5] Vajiram and Ravi, https://vajiramandravi.com/quest-upsc-notes/structure-of-the-indian-parliament/ (last visited Sep. 27, 2024).

[6] Byju’s, https://byjus.com/free-ias-prep/how-a-bill-is-passed-in-indian-parliament/ (last visited Oct. 2, 2024).

[7] Indian Councils Act 1861, 1861 (India)

[8] The Government of India Act 1919, (India)

[9] Byju’s, https://byjus.com/free-ias-prep/ncert-notes-government-of-india-act-1919/ (last visited Sep. 27, 2024).

[10] The Government of India Act 1935, (India)

[11] Byju’s, https://byjus.com/free-ias-prep/government-of-india-act-1935/#:~:text=Govt%20of%20India%20Act%201935%20–%20Bicameral%20Legislature,from%20the%20princely%20states%20also. (last visited Sep. 27, 2024).

[12] Byju’s, https://byjus.com/free-ias-prep/constitutional-development-of-india/ (last visited Sep. 27, 2024).

[13] Ibid

[14] Madhukar Shyam, Anti-defection law: Features, limitations and reforms, Indian Express (Sep. 27, 2024, 1:30 PM), https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/anti-defection-law-features-limitations-and-reforms-9496378/

[15] Khadija Khan, The 73rd and 74th Amendments, which first introduced reservation for women in elected bodies, Indian Express (Sep. 27, 2024, 3:23 PM), https://indianexpress.com/article/explained/explained-law/73-74-amendment-reservation-women-elected-bodies-8947255/

[16] India.gov.in, https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-eighty-sixth-amendment-act-2002, (last visited Sep. 27, 2024).

[17] India.gov.in, https://www.india.gov.in/sites/upload_files/npi/files/amend91.pdf, (last visited Sep. 27, 2024).

[18]Forum IAS, https://forumias.com/blog/functioning-of-parliament-challenges-and-way-forward/ (last visited Sep. 27, 2024).

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