Q3. "The growth of the cabinet system has practically resulted in the marginalization of parliamentary supremacy." Elucidate.

Approach

Introduction

The cabinet system of governance, particularly in parliamentary democracies like India, has evolved to play a pivotal role in decision-making and policy formulation. This growth has led to concerns about the marginalization of parliamentary supremacy, as the executive increasingly influences legislative processes.

Body

The Marginalization of Parliamentary Supremacy Due to the Cabinet System

  • Concentration of Power: The cabinet exercises significant authority, often making decisions behind closed doors. The PRS Legislative Research (2022) reported that over 90% of bills passed lacked adequate debate, indicating limited parliamentary oversight.
  • Increased Use of Ordinances: The frequent issuance of ordinances undermines legislative authority. A CAG report (2021) noted that over 40 ordinances were issued in one year, bypassing parliamentary scrutiny and reflecting a reliance on executive power.
  • Money Bills Dominance: Many legislations are introduced as money bills, requiring only a simple majority in the Lok Sabha. The NITI Aayog Discussion Paper (2017) emphasized that this practice reduces comprehensive debate on significant issues.
  • Whip Culture: Party whips enforce strict discipline, ensuring members vote in line with party decisions. The Election Commission Report (2021) indicated that party discipline led to a significant reduction in dissenting votes on crucial bills.
  • Reduced Session Time: The Lok Sabha Secretariat (2023) reported a decrease in the number of days allocated for parliamentary sessions, limiting the time for thorough discussions and undermining the legislative process.
  • Lack of Accountability Mechanisms: Mechanisms for holding the executive accountable have weakened. The Supreme Court (2018) emphasized the need for greater legislative control over executive actions, which often go unchallenged.
  • Disproportionate Passage of Government Bills: A significant number of government bills are passed compared to private members' bills. Reports show that government bills constituted over 80% of total bills passed in recent sessions, as per the PRS Legislative Research (2022).
  • Judicial Observations: The Supreme Court (2020) warned that frequent reliance on ordinances undermines legislative authority, stressing the need for greater scrutiny of executive actions.

Conclusion

While the cabinet system is crucial for efficient governance, its growth has diminished parliamentary supremacy. The concentration of power in the executive, alongside practices that prioritize speed over scrutiny, challenges the principles of parliamentary democracy. Restoring balance requires enhanced legislative scrutiny and ensuring parliamentary debates remain central to the law-making process.

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