Parliament is a talking shop. It should remain a talking shop. A stigma will attach to Parliament only if it ceases to be a talking shop.
It is incorrectly believed that Parliament’s job is only to pass legislation. In a parliamentary system, the Executive government is presumed to have a majority in the House of the People, always. Hence, passing legislation is a given in a parliamentary system. However, if legislation is passed without debate, it will be suspect. It is debate that gives legitimacy to a Bill passed by Parliament.
The Winter Session of Parliament began on December 4, 2023 and was scheduled to end on December 21. The government laid out a substantial agenda including passage of important legislation; the Opposition read out a long list of issues for debate; the two sides assured each other that they would co-operate in the smooth conduct of Parliament; the presiding officers offered their customary homilies; and the session started in both Houses peacefully.
For more than a week, both Houses transacted business and passed Bills. Ms Mahua Moitra was expelled, unfairly, from the Lok Sabha for alleged breach of ethics and breach of privilege. There was much consternation but it did not lead to disruption.
The Rajya Sabha witnessed a long discussion on the state of the economy. I ended my speech with a question to the Hon’ble Finance Minister. Her answer stumped me. I am still trying to understand what she said or what she meant to say and I blame myself for my lack of understanding of economics or English or both.
The Security Breach
On December 13, MPs paid homage to the security personnel who were martyred when Parliament was attacked on that day in 2001. The two Houses started transacting the business for the day. Shortly before 1 pm, two men jumped from the Visitors’ gallery in the Lok Sabha and opened coloured-gas canisters. They could have done the worst. There was alarm and confusion. Quickly, the MPs overpowered the two men and the marshals whisked them away. It was a serious breach of security.
Within hours, it became known that the two ‘visitors’ had been recommended for passes by Mr Pratap Simha, a BJP MP from Karnataka who is known for his right-wing views. (The gods could not have protected him if he had belonged to the Congress, TMC or SP.)
The next day, as expected, the Opposition demanded a statement from the Hon’ble Home Minister on the egregious violation. One would have expected the government to make a suo motu statement but, even after a vociferous demand, the government refused to make a statement. This naturally led to an uproar and continuous disruption.
The Precedents
A simple statement admitting that the breach of security was grave, a case had been registered, investigation was underway, and a further statement would be made in due course would have defused the situation. But, for inexplicable reasons, there was no statement, no discussion, no nothing. The government dug its heels in and refused to budge. The precedents were to the contrary. When Parliament was attacked on Thursday, December 13, 2001 —after the intervening weekend, on December 18, the Minister of External Affairs, on behalf of the government, made a statement in Parliament; a discussion took place in Parliament on December 18 and 19; HM Advani made statements on December 18 and 19; and PM Vajpayee spoke in Parliament on December 19.
Again, when the Mumbai terror attacks took place on November 26-29, 2008, on the first day of the Winter Session on December 11, 2008, the Home Minister (Mr P. Chidambaram) made a detailed statement in the Lok Sabha and the same statement was made by the Minister of State in the Rajya Sabha. There was an extensive discussion in both Houses.
No Debate, No Concern
Despite the precedents, the government took cover behind a questionable argument that the Hon’ble Speaker was responsible for the security of Parliament and, until the investigation report was received, the government would not make a statement.
Besides, the Hon’ble Prime Minister and the Hon’ble Home Minister stayed away from the two Houses for several days even while the Hon’ble Home Minister spoke at length on the subject to a TV channel.
The disintegration of the Winter Session of Parliament was apparently of no concern to the government. When Opposition members disrupted the two Houses, the government had no hesitation in moving for the suspension of MPs. By the time the ‘Session’ came to a premature end on December 20, an unprecedented 146 MPs belonging to both Houses had been suspended.
Amidst the daily ritual of suspensions, the Houses passed 10/12 Bills, including three controversial Bills to replace the IPC, Cr.P.C. and the Evidence Act without any meaningful debate across the aisle.
What is most disconcerting is that the government appears to think that a disrupted and non-functional Parliament is of no consequence to the governance of the country.
In the last few years, my fear has grown that India’s Parliament will be reduced to irrelevance and become like parliaments of many ‘people’s democracies’ obediently endorsing the actions of the Executive. The disintegration of the Winter Session 2023 has deepened my suspicions and fears.
Yet there is hope, and I wish you a Happy New Year!
Shutting out debate in talking shop
15
0
31.12.2023
Parliament is a talking shop. It should remain a talking shop. A stigma will attach to Parliament only if it ceases to be a talking shop.
It is incorrectly believed that Parliament’s job is only to pass legislation. In a parliamentary system, the Executive government is presumed to have a majority in the House of the People, always. Hence, passing legislation is a given in a parliamentary system. However, if legislation is passed without debate, it will be suspect. It is debate that gives legitimacy to a Bill passed by Parliament.
The Winter Session of Parliament began on December 4, 2023 and was scheduled to end on December 21. The government laid out a substantial agenda including passage of important legislation; the Opposition read out a long list of issues for debate; the two sides assured each other that they would co-operate in the smooth conduct of Parliament; the presiding officers offered their customary homilies; and the session started in both Houses peacefully.
For more than a week, both Houses transacted business and passed Bills. Ms Mahua Moitra was expelled, unfairly, from the Lok Sabha for alleged breach of ethics and breach of privilege. There was much consternation but it did not lead to disruption.
The Rajya Sabha witnessed a long discussion on the state of the economy. I........
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