ROLE OF PARLIAMENT IN INDIAN DEMOCRACY: INSTITUTIONAL MANDATE, PERFORMANCE & REFORM

The Parliament is the core of India’s democratic structure. Under Articles 79 to 122 of the Constitution, it was created. Unlike the British model of parliamentary sovereignty, the Indian Parliament operates within the bounds set by the Constitution. It is not only responsible for making laws in the country, but it also has to ensure that finances are in order, that the executive branch is answerable to it, and that there is room for discussion on issues affecting the country. This paper examines Parliament not as a political arena but as an institution. This paper examines what the Constitution expects Parliament to do and how it has actually operated over the years. This shall be based on the provisions of the Constitution itself, relevant Supreme Court rulings on the matter, and available data on its operation. One of the key issues addressed in this paper is the disconnect between the powers vested and the powers exercised. As evident from the Constitution, Parliament is vested with significant powers. However, if one were to look at the trends emerging with regard to the functioning of Parliament, one would note a few issues. For example, the reduction in the number of sessions held, the lack of time available for the scrutiny of bills, the decline in the scrutiny power vested with the committees, and the increased reliance on ordinances by the executive. It is submitted that the structure is sound; however, the functioning needs a closer look. While the intent of this study is not to take a political stance on the issue, it is submitted that a robust parliamentary form of democracy is not only a product of the Constitution but also a product of how the Constitution functions on the ground.