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HCS (Haryana)Mains2021
Question
Q14. The parliamentary system of executive vests many powers in the legislature for controlling the executive. Elucidate, also why it is so necessary to control the executive.
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Model Answer
“Parliamentary control ensures that power remains accountable to the people.” B. R. Ambedkar
In a parliamentary democracy, the legislature holds the executive to account through constitutional and conventionally entrenched mechanisms. This control is essential to prevent executive overreach, ensure transparency, protect rights, and maintain democratic legitimacy.
Powers/Mechanisms of Legislative Control
- Collective Responsibility & Confidence: The Council of Ministers is responsible to the Lok Sabha; a no-confidence motion can bring down the government. This keeps the executive responsive and accountable.
- Question Hour and Zero Hour: Regular questioning (including starred/unstarred questions) compels ministers to explain policies and actions publicly.
- Debates and Resolutions: Debates scrutinize policy choices; resolutions express Parliament’s will (though non-binding).
- Parliamentary Committees: Estimates, Public Accounts Committee (PAC), and Standing Committees examine expenditures, policies, and department functioning in detail, ensuring expert oversight.
- Budgetary Control: Parliament’s power over appropriation controls executive spending; withholding consent can block policies.
- Vote of No-Confidence/Impeachment: Mechanisms remove or penalize the executive for malfeasance (impeachment for President, no-confidence for Council of Ministers).
- Privileges and Privilege Committees: Ensure discipline and investigate breach of parliamentary conduct.
Necessity of Controlling the Executive
- Prevent Abuse of Power: Democracies risk authoritarian drift without checks; legislative control restrains arbitrary action.
- Transparency & Accountability: Parliamentary scrutiny forces disclosure of policy rationale, implementation status, and use of public funds.
- Representative Oversight: As the elected legislature reflects public will, it legitimizes policy through deliberation.
- Policy Correction & Responsiveness: Parliamentary debates and questions provide feedback that can correct policies and adapt them to public needs.
- Safeguarding Rights: Legislatures can act as bulwarks against policies infringing constitutional rights.
Challenges in Practice
- Dominant Executive: Party discipline and majority governments sometimes reduce effective scrutiny; ruling party’s control of committees can blunt oversight.
- Shortcomings in Committee Functioning: Low attendance, delayed reports, and lack of follow-up weaken effectiveness.
- Ordinances and Delegated Legislation: Executive’s power to issue ordinances and wide delegated powers can bypass detailed legislative scrutiny.
- Example: In Haryana, the state assembly’s Question Hour and PAC have highlighted governance gaps (e.g., irrigation projects), but party dominance occasionally limits tough scrutiny.
Strengthening Legislative Control
- Revitalise Parliament Committees: Empower and resource them; mandate government replies and follow-ups.
- Reduce Excessive Ordinance Use: Strengthen legislative calendar to debate urgent issues.
- Enhance Parliamentary Research: Bolster PRS and library services for informed debate.
- Encourage Cross-bench Oversight: Strengthen role of opposition and independent MPs to ensure checks.
Legislative control is indispensable in a parliamentary democracy to ensure the executive remains accountable, transparent, and responsive. Strengthening parliamentary institutions and practices is central to preserving democratic governance.