Q.“The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.

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Growth of the Cabinet System and Marginalisation of Parliamentary Supremacy:

• Centralisation of Power: Decision-making has increasingly concentrated within a small executive core, weakening the legislative oversight envisioned under Article 75 of the Constitution.
  • Example: The frequent bypass of parliamentary debate through measures like the 2015 Land Acquisition Ordinance highlights executive dominance in policy-making.
• Diminished Legislative Debate: The executive's control over the legislative agenda has squeezed the time available for thorough debates, undermining the deliberative spirit of Article 107.
  • Example: The passage of the National Dental Commission Act, 2023, with minimal legislative discussion, reflects a decline in democratic scrutiny.
• Executive Dominance in Legislation: The introduction and passage of private members' bills have been severely curtailed.
  • Fact: Since 1952, only 14 private members' bills have been enacted, demonstrating the executive's near-monopoly over lawmaking.
• Bypassing Parliamentary Committees: Bills are frequently passed without being referred to Departmentally Related Standing Committees, undermining the detailed scrutiny intended under Article 118.
  • Example: The Citizenship Amendment Bill, 2019, was passed without committee referral, limiting in-depth legislative analysis.
• Excessive Use of Ordinances: Frequent recourse to ordinances under Article 123 bypasses the primary lawmaking role of Parliament.
  • Example: The promulgation of the GNCTD Amendment Ordinance, 2023, bypassed regular parliamentary processes.
• Fewer Parliamentary Sittings: The declining number of annual sitting days limits Parliament's capacity to hold the executive accountable under Article 85.
  • Fact: In 2020, Parliament met for only 33 days, severely restricting opportunities for scrutiny, even during the pandemic.
• Executive Control Over Budgetary Matters: Financial allocations are often passed with minimal debate, weakening the legislative control over public finance mandated by Article 112.
  • Example: The 2024 interim budget saw major allocations cleared with very little parliamentary discussion.

Consequences of the Marginalisation of Parliamentary Supremacy:

graph TD
    MPS["Consequences of Marginalizing Parliamentary Supremacy"]
    MPS --> ECB["Erosion of Checks and Balances"]
    MPS --> WDP["Weakening of Democratic Processes"]
    MPS --> RA["Reduced Accountability"]
    MPS --> DDR["Decline in Representation of Diverse Voices"]

• Erosion of Checks and Balances: A dominant Cabinet weakens the legislature's ability to scrutinize executive actions, upsetting the constitutional balance.
• Weakening of Democratic Processes: The diminishing role of individual MPs weakens the vital link between the electorate and national policy-making.
• Reduced Accountability: Fewer debates and bypassed committees lead to a lack of transparency and executive accountability in governance.
• Decline in Representation of Diverse Voices: Sidelining parliamentary debates marginalizes the voices of opposition and regional parties, reducing policy inclusiveness.

The Continued Significance of Parliament:

Despite executive dominance, Parliament retains key constitutional powers:

• Legislative Authority: It remains the ultimate authority to pass, amend, or repeal laws.
  • Example: Landmark laws like the Right to Information Act (2005) and the GST Act (2017) were shaped through extensive parliamentary deliberations.
• Budgetary Oversight: Under Article 265, no tax can be levied without legislative approval, acting as a check on executive spending.
  • Example: The Public Accounts Committee (PAC) and other financial committees actively audit public expenditure, such as reviewing COVID-19 relief packages.
• Question Hour Accountability: Under Article 105, MPs use Question Hour to demand answers on critical issues.
  • Example: The Pegasus spyware controversy was raised during Question Hour, forcing executive accountability on surveillance.