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Indian Parliament, State Assembly, and Legislative Council - UPSC Questions | Indian Polity | General Studies II

 Table of Contents:

  • Describe the procedure of creation and abolition of the Legislative Council in states. Why did the Andhra Pradesh state assembly pass a resolution to abolish the state's Legislative Council? Explain in short. ( UPPSC 2019)
  • Describe the role played by parliamentary committees in the functioning of the Indian Parliament. ( UPPSC 2021)
  • Discuss the main methods by which the parliament of India controls the executive. ( UPPSC 2021)
  • To what extent, in your view, the Parliament can ensure accountability of the executive in India. ( UPSC 2021)
  • Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (UPSC 2021) 
  • Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for Parliamentary control? Evaluate the working of such committees with suitable examples. (UPSC 2021)
  • Rajya Sabha has been transformed from a "useless stepney Tyre" to the most useful supporting organ in the past few decades. Highlight the factors as well as the areas in which this transformation could be visible. ( UPSC 2020)
  • Are the committees considered to be useful for Parliamentary work? Discuss, in this context, the role of the Estimate Committee. ( UPPSC 2022)


Question.

Describe the procedure of creation and abolition of the Legislative Council in states. Why did the Andhra Pradesh state assembly pass a resolution to abolish the state's Legislative Council? Explain in short.

( UPPSC, UP PCS Mains General Studies-II/GS-2 2019)

Answer.

Article 169 of the Constitution of India empowers the parliament for the creation and abolition of Legislative Councils in Indian states. 


Here is the procedure for the creation of the Legislative Council:

Step 1: A resolution is introduced in the State Legislative Assembly expressing the intention to create a Legislative Council.

Step 2: The resolution must be passed by a majority of the total membership of the Assembly and a two-thirds majority of the members present and voting.

Step 3: The resolution is then sent to the Parliament for approval. If both Houses of Parliament pass the resolution by a simple majority, the Legislative Council is established.


Here is the procedure for the abolition of the Legislative Council:

Step 1: A resolution is introduced in the State Legislative Assembly expressing the intention to abolish the Legislative Council.

Step 2: The resolution must be passed by a majority of the total membership of the Assembly and a two-thirds majority of the members present and voting.

Step 3: The resolution is then sent to the Parliament for approval. If both Houses of Parliament pass the resolution by a simple majority, the Legislative Council is abolished.

Now, regarding the Andhra Pradesh Legislative Council's abolition:

The Andhra Pradesh Legislative Assembly passed a resolution on January 27, 2020, recommending the abolition of the state's Legislative Council. The resolution was approved with a clear two-thirds majority in the Assembly, signaling the Assembly's intention to do away with the Legislative Council. However, a resolution to abolish the Andhra Pradesh Legislative Assembly was later withdrawn.


The main reason cited by the Andhra Pradesh government for seeking the abolition of the Legislative Council was the Council's alleged obstruction of important legislative bills ( like decentralization of State capital) and development-related measures passed by the Assembly. The government claimed that the Council was impeding the legislative process, leading to delays in crucial decision-making and hindering the state's development agenda.


Question.

Describe the role played by parliamentary committees in the functioning of the Indian Parliament.

( UPSC Mains General Studies-II/GS-2 2021)

Answer.

Parliamentary committees play a vital role in the functioning of the Indian Parliament. These committees are small, specialized groups of Members of Parliament (MPs) from both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). 

Some examples of Parliamentary committees are Public Accounts Committee, Estimates Committee, Public Undertakings Committee, Committee on Human Resource Development, etc.

The primary purpose of Parliamentary committees is to examine and scrutinize various aspects of government functioning, legislative proposals, and policy implementation. 


Here are the key roles played by parliamentary committees in the Indian Parliament:


Legislative Scrutiny: 

Parliamentary committees play a critical role in scrutinizing bills and proposed legislation before they become law. After a bill is introduced in Parliament, it is referred to the relevant committee, which examines the provisions, seeks inputs from experts and stakeholders, and makes recommendations for amendments or improvements.


Policy Analysis: 

Committees engage in in-depth policy analysis, reviewing government policies, programs, and initiatives. They assess their effectiveness, implementation, and impact on the ground, and suggest measures for improvement.


Budget Examination: 

The most significant role of parliamentary committees is in the scrutiny of the Union Budget. The Standing Committee on Finance examines the budgetary proposals of various government departments, ministries, and schemes, ensuring financial accountability and efficient allocation of resources.


Departmental Oversight: 

Each government department has a corresponding parliamentary committee that oversees its functioning. These departmental committees scrutinize the department's expenditures, administrative decisions, and policy implementation.



Inquiry and Investigations: 

Parliamentary committees can conduct inquiries and investigations into specific issues or matters of public interest. These inquiries help bring transparency, accountability, and public awareness to matters of national importance.


Reporting to Parliament: 

After their examination, committees submit their reports and recommendations to the Parliament. These reports are presented in both houses and become essential references during debates and decision-making.


Public Participation: 

Committees often invite experts, stakeholders, and representatives of civil society to present their views and provide inputs during hearings. This allows for public participation in the decision-making process and ensures diverse perspectives are considered.


A bridge between Parliament and the Executive: 

Parliamentary committees act as a link between the Parliament and the executive branch of the government. They ensure that the government's actions and decisions are subject to scrutiny and oversight by the elected representatives.


Cross-Party Collaboration: 

Committees provide a platform for cross-party collaboration and cooperation. Members of Parliament (MPs)from various political parties work together to reach a consensus on issues, enhancing the efficacy of the committee system.


Confidential Matters: 

Some committees, such as the Committee on Public Accounts and the Committee on Public Undertakings, examine confidential matters related to audit reports and government undertakings.


Overall, parliamentary committees play a crucial role in enhancing the effectiveness and accountability of the Indian Parliament. Their work allows for a detailed examination of legislation, policies, and government actions, thereby contributing to better governance, transparency, and public engagement in the legislative process.


Question.

Discuss the main methods by which the parliament of India controls the executive. 

( UPSC Mains General Studies-II/GS-2 2021)

Answer.

The Parliament of India exercises control over the executive branch of the government through various methods to ensure transparency, accountability, and responsible governance. 


The primary methods by which the Parliament controls the executive are as follows:


Question Hour: 

During the Question Hour in both houses of Parliament (Lok Sabha and Rajya Sabha), members have the opportunity to ask questions to ministers. These questions can be of various types, including oral, starred, and unstarred questions. Ministers are obligated to answer these questions, providing explanations and justifications for their policies and actions.


Debates and Discussions: 

Parliament holds debates and discussions on various issues, including government policies, budgets, legislation, and important national matters. These debates provide a platform for MPs to express their views and opinions and also hold the executive accountable for its decisions.


No-Confidence Motion: 

MPs can bring a motion of no-confidence against the government in the Lok Sabha, If the motion is passed by a majority vote, the government is bound to resign. This mechanism serves as a potent tool for the Parliament to express dissatisfaction with the executive's performance and policies.


Adjournment Motion: 

An adjournment motion is a parliamentary procedure that allows MPs to raise a matter of urgent public importance to seek the government's immediate attention. The adjournment motion, if accepted, leads to the suspension of regular business in the house and initiates a debate on the specific issue.


Committees: 

Parliamentary committees, such as the Public Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings, play a significant role in controlling the executive. These committees scrutinize government expenditures, policies, and implementation, ensuring transparency and accountability.


Financial Control: 

The Parliament has control over the government's finances. The annual budget is presented in Parliament for approval, and members can debate and scrutinize the budget proposals. This process ensures parliamentary oversight of government spending and financial matters.


Legislative Control: 

Parliament has the power to pass, amend, or reject legislation proposed by the government. It scrutinizes bills during various stages, and debates and discussions are held before passing laws. Parliament can also reject or send back bills for reconsideration.


Representation: 

Parliament serves as the voice of the people, and MPs represent the interests and concerns of their constituents. By voicing the concerns of the public, MPs can influence government policies and decisions.


Censure and Impeachment: 

In extreme cases of executive misconduct or wrongdoing, Parliament can censure ministers or even initiate the impeachment process against certain high officials, such as the President or judges of the higher judiciary.


Through these methods, the Parliament of India exercises its crucial role in controlling and scrutinizing the executive, ensuring that the government remains accountable and responsive to the needs and aspirations of the citizens. Parliamentary control over the executive strengthens the democratic foundations of the country and safeguards the principles of good governance and the rule of law.


Question.

To what extent, in your view, the Parliament can ensure accountability of the executive in India.

( UPSC Mains General Studies-II/GS-2 2021)

Answer.

The Indian Parliament plays a crucial role in ensuring accountability of the executive branch through various mechanisms:


Question Hour: 

During Question Hour, Members of Parliament (MPs) can question ministers about their decisions, policies, and actions. This enables direct scrutiny of the executive's performance and decisions.


Debates and Discussions: 

The Parliament holds debates on important national and state issues. This platform allows MPs to express their concerns, opinions, and criticism of government actions, thereby holding the executive accountable.


Committees: 

Parliamentary committees, such as the Public Accounts Committee (PAC) and the Estimates Committee, scrutinize the government's financial allocations and expenditures. These committees review reports from the Comptroller and Auditor General (CAG) and examine whether funds have been used efficiently and effectively.


No-Confidence Motion: 

MPs can move a no-confidence motion against the government if they believe it has lost their confidence. This forces the government to defend its actions and policies before the Parliament.


Adjournment Motion: 

This motion allows MPs to interrupt the regular business of the House to discuss a matter of urgent public importance. It provides a platform for immediate accountability.


Budget Scrutiny: 

Parliament approves the government's annual budget, providing an opportunity to examine spending priorities and financial allocations.


Oversight and Monitoring: 

The Parliament monitors the functioning of various government departments and ministries through discussions, reports, and questions, ensuring that they are operating within their mandates.


Censure and Criticism: 

MPs can openly criticize the government's actions, policies, and decisions in the Parliament, ensuring that the executive remains answerable to the people's representatives.


However, the extent of accountability achieved can be influenced by various factors:

Political Dynamics: 

The ruling party's majority strength in the Parliament can affect the effectiveness of accountability mechanisms.

Party Loyalties: 

MPs' loyalty to their political parties might influence their ability to question the executive objectively.

Media and Public Awareness: 

Public scrutiny and media coverage can enhance the impact of parliamentary debates on accountability.

Implementation of Recommendations: 

The executive's response to parliamentary recommendations and criticisms can vary, affecting the actual impact on accountability.

In summary, while the Indian Parliament has mechanisms to ensure accountability of the executive, the degree of accountability depends on the interplay of political, social, and institutional factors.


Question.

Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. 

( UPSC Mains General Studies-II/GS-2 2021)

Answer. 

In India, Legislative Councils, also known as Vidhan Parishads, are the upper houses of the state legislatures. They are established under Article 169 of the Constitution, which provides for the creation or abolition of Legislative Councils in states. 


A state can have a Legislative Council if it has a population of more than 2.5 million, and the Parliament passes a resolution to that effect.


The working and status of Legislative Councils vary among different states. They serve as a means to provide a revising chamber for state legislation, facilitate in-depth debates, and offer a platform for experienced members to contribute their insights. Legislative Councils also prevent hasty decision-making by providing a second thought on bills passed by the Legislative Assembly (lower house).


At present( August 2023), six Indian states have Legislative Councils: Andhra Pradesh, Telangana, Karnataka, Maharashtra, Uttar Pradesh, and Bihar. These councils function with varying degrees of effectiveness and influence. 

For instance:


Andhra Pradesh Legislative Council: 

In 2019, the Andhra Pradesh Legislative Assembly passed a resolution recommending the abolition of the Legislative Council. However, later the resolution was withdrawn.


Telangana Legislative Council: 

Telangana's Legislative Council has been functional since the state's formation in 2014. It provides a forum for more extensive discussions and revisiting bills passed by the Assembly.


Karnataka Legislative Council: 

The Karnataka Legislative Council serves as a platform for experienced members to contribute to debates and discussions on various issues.


Question.

Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for Parliamentary control? Evaluate the working of such committees with suitable examples. 

( UPSC Mains General Studies-II/GS-2 2021)

Answer. 

Department-related Parliamentary Standing Committees play a significant role in scrutinizing the administration, promoting transparency, and enhancing accountability for parliamentary control. 

These committees are assigned under specific government departments or ministries to oversee their functioning, review policies, examine budgets, and make recommendations for improvements.

The impact of Department-related Parliamentary Standing Committees is as follows:


Public Accounts Committee (PAC): 

The Public Accounts Committee (PAC) examines government expenditures and financial transactions. Its scrutiny ensures that public funds are utilized efficiently and effectively. For instance, the Public Accounts Committee (PAC)'s examination of the 2G spectrum allocation in 2011 revealed irregularities and led to changes in policy and administrative practices.


Estimates Committee: 

This committee reviews government expenditures against allocations made in the budget. Examining fund utilization ensures that public funds are spent according to approved plans. This helps prevent wastage and misuse of resources.


Standing Committee on Health and Family Welfare: 

This committee evaluates the performance of the health and family welfare sector. Its recommendations have led to improvements in healthcare policies, allocation of resources, and the functioning of government health programs.


Standing Committee on Science and Technology, Environment and Forests: 

This committee examines matters related to science, technology, the environment, and forests. Its inputs have influenced policies related to environmental protection and sustainable development.


Committee on Public Undertakings: 

This committee assesses the functioning of public sector undertakings. Its reviews have led to greater accountability and better management practices in various government-owned enterprises.


While these committees are designed to enhance parliamentary control and accountability, their effectiveness is influenced by various factors such as:


Government Cooperation: 

The extent to which the government is willing to cooperate and implement the recommendations of these committees.


Political Will: 

The willingness of members of parliament to engage actively and impartially in committee work.


Resource Constraints: 

Adequate resources, research, and support staff are necessary for committees to conduct thorough examinations.


Public Awareness: 

Public attention and media coverage can amplify the impact of committee findings and recommendations.


In conclusion, department-related Parliamentary Standing Committees do contribute to keeping the administration accountable and inspiring reverence for parliamentary control. However, their effectiveness depends on a combination of factors, including political will, cooperation from the executive, and the quality of committee work.


Question.

Rajya Sabha has been transformed from a "useless stepney Tyre" to the most useful supporting organ in the past few decades. Highlight the factors as well as the areas in which this transformation could be visible.

( UPSC Mains General Studies-II/GS-2 2020)

Answer. 

The transformation of the Rajya Sabha, India's upper house of Parliament, from a perceived "useless Stepney Tyre" to a more useful and influential supporting organ has been notable over the past few decades. 


This transformation is contributed by many factors such as:


Changing Political Dynamics: 

Shifts in political alignments and coalition politics have led to a greater role for the Rajya Sabha in building consensus.


Growing Importance of Regional Parties: 

The influence of regional parties in the upper house has led to a more pronounced representation of regional issues.


Increased Public Awareness: 

Media coverage and public awareness have highlighted the significance of the Rajya Sabha, encouraging members to actively engage in its proceedings.


Due to such transformation of Rajya Sabha, it plays a very important role such as:


Legislative Scrutiny: 

Rajya Sabha now plays a more active role in scrutinizing and amending legislation. It reviews bills passed by the Lok Sabha (lower house), bringing diverse perspectives and expertise to the legislative process.


Balanced Representation: 

Rajya Sabha represents states and union territories, providing a platform for regional interests and viewpoints. This balance ensures regional concerns and diverse perspectives of states.


Expertise and Experience: 

Over time, Rajya Sabha has attracted experienced professionals, academics, and experts from various fields. Their contributions enrich debates and discussions, leading to more informed policy decisions.


Revival of Private Members' Bills: 

The upper house has witnessed an increase in the introduction of private members' bills, which can highlight critical issues often missed by the government's legislative agenda.


Review of Government Actions: 

Rajya Sabha exercises its role as a check on the government's actions through questions, debates, and discussions, promoting greater accountability.


Policy Deliberations: 

The upper house offers a forum for in-depth policy deliberations and discussions, leading to more nuanced and well-thought-out decisions.


Financial Matters: 

Rajya Sabha reviews budget allocations, ensuring that state interests are considered and financial proposals are carefully examined.


In conclusion, the Rajya Sabha's transformation from a "useless Stepney Tyre" to a more effective supporting organ can be attributed to its evolving role, the diverse composition of its members, and its impact on policy deliberations, legislative scrutiny, and representation of various interests.


Question.

Are the committees considered to be useful for Parliamentary work? Discuss, in this context, the role of the Estimate Committee.

( UPPSC, UP PCS Mains General Studies-II/GS-2 2022)

Answer.

Yes, Parliamentary committees are considered to be highly useful for parliamentary work. They play a crucial role in enhancing the effectiveness of the legislative process and ensuring proper scrutiny, oversight, and accountability of the government's actions. 

Parliamentary Committees are smaller, specialized bodies of members of parliament (MPs) that are tasked with specific functions, such as examining bills, reviewing government policies and programs, and investigating specific issues. They operate independently and often have greater time and resources to delve into matters in more detail than the entire parliament during regular sessions. One such important committee is the Estimate Committee.

The Estimate Committee is comprised of 30 elected members of the Lok Sabha. The Chairman of the estimate committee is usually a member from the opposition party, and the majority of the committee members are from the ruling party. The term of office of members of the Estimate Committee is generally one year.


Role of the Estimate Committee:


Budgetary Scrutiny: 

The primary role of the Estimate Committee is to scrutinize and examine the government's budget estimates and expenditure proposals. It examines the allocation of funds to different ministries and departments and ensures that the allocated funds are utilized appropriately.


Expenditure Review: 

The committee examines the expenditures of various government ministries and departments to ascertain if they have been used effectively and efficiently.


Financial  and Public Accountability: 

The committee ensures financial accountability by reviewing the financial performance of the government and its compliance with budgetary provisions.

The Estimate Committee holds the government accountable for its financial decisions and expenditures by seeking explanations and justifications for budgetary allocations and spending patterns.


Examination of Supplementary Grants: 

Apart from the annual budget estimates, the committee also examines the supplementary grants sought by the government during the financial year.


Reporting to Parliament: 

The committee presents its reports to the parliament, which are then debated by the MPs. The findings and recommendations of the committee help in shaping the government's financial policies and expenditure decisions.


Significance of Committees in Parliamentary Work:


In-depth Examination: 

Committees allow for in-depth examination of complex issues that may not be possible during regular parliamentary sessions.


Specialization: 

Committees are composed of MPs with expertise and interest in specific areas, enabling more informed and specialized scrutiny.


Bipartisanship: 

Committee work often involves cross-party cooperation, leading to a more collaborative and bipartisan approach to problem-solving.


Transparency and Public Trust: 

Committee proceedings are more transparent, and their reports are accessible to the public, enhancing public trust and confidence in the parliamentary process.


Reducing Burden on the House:

Committees help reduce the burden on the parliament by delegating specific tasks to specialized bodies.


In conclusion, committees, including the Estimate Committee, are an essential component of the parliamentary system, enhancing its efficiency, accountability, and effectiveness. 

The Estimate Committee, in particular, plays a vital role in ensuring financial accountability, value for money, and public participation in the budgetary process. Their contributions are instrumental in shaping sound policies and facilitating better governance.

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