What is Principles of Parliamentary Democracy and Political Stability?
Historical Background
Key Points
12 points- 1.
Parliamentary sovereignty means the parliament is the supreme law-making body. It can make or change any law.
- 2.
The executive (government) is responsible to the parliament. It must maintain the confidence of the majority of members.
- 3.
A vote of no confidence can remove the government if it loses the support of the majority in parliament.
- 4.
The anti-defection law disqualifies members of parliament or state legislatures who defect from their party. Article 102(2) and 191(2) are relevant.
- 5.
The Speaker of the House decides on disqualification petitions under the anti-defection law. Their decision can be challenged in court.
- 6.
Defection includes voluntarily giving up membership of a political party or disobeying the party whip (instruction to vote in a certain way).
- 7.
Originally, a split in a political party was an exception to disqualification if at least one-third of its members defected together. The 91st Amendment Act of 2003 removed this exception.
- 8.
Now, only a merger of a political party with another party is an exception, provided that at least two-thirds of the members of the party have agreed to such merger.
- 9.
Political stability is enhanced by strong political parties with clear ideologies and internal democracy.
- 10.
Coalition governments can be less stable than single-party governments, but they can also be more representative of diverse interests.
- 11.
Public trust in political institutions is crucial for political stability. Corruption and lack of accountability erode this trust.
- 12.
Independent and impartial institutions, such as the judiciary and the election commission, are essential for upholding the rule of law and ensuring fair elections.
Recent Developments
5 developmentsThe Supreme Court has repeatedly emphasized the need for Speakers to decide disqualification petitions promptly. In 2020, the Supreme Court in *Keisham Meghachandra Singh v. The Hon'ble Speaker, Manipur Legislative Assembly* case, highlighted the need for an independent tribunal to decide on disqualification petitions.
There are ongoing debates about whether the Speaker is the appropriate authority to decide on disqualification petitions, given their political affiliations. Some argue for an independent tribunal.
The Election Commission of India has been advocating for reforms to the anti-defection law to make it more effective.
The Supreme Court's recent directive to the Telangana Speaker highlights the continued relevance and challenges in implementing the anti-defection law.
Future reforms may focus on strengthening the anti-defection law, ensuring timely decisions on disqualification petitions, and promoting greater accountability among elected representatives.
This Concept in News
1 topicsFrequently Asked Questions
61. What is parliamentary democracy and political stability, and what is its constitutional basis in India?
Parliamentary democracy, as per the concept, is a system where elected representatives choose the government, which is responsible to the parliament. Political stability refers to a government's ability to remain in power and make decisions without constant threats. The Indian Constitution, particularly articles related to Parliament (Article 79 onwards) and State Legislatures (Article 168 onwards), provides the framework for this system.
Exam Tip
Remember the articles related to Parliament and state legislatures to answer constitutional basis questions.
2. What are the key provisions that ensure parliamentary democracy and political stability in India?
Key provisions include parliamentary sovereignty, the executive's responsibility to the parliament, the possibility of a vote of no confidence, and the anti-defection law. According to the concept, parliamentary sovereignty means the parliament is the supreme law-making body. The executive must maintain the confidence of the majority. A vote of no confidence can remove the government. The anti-defection law disqualifies members who defect from their party.
- •Parliamentary sovereignty
- •Executive's responsibility to Parliament
- •Vote of no confidence
- •Anti-defection law
Exam Tip
Focus on understanding the implications of each provision for both Prelims and Mains.
3. How does the anti-defection law work in practice, and what are its limitations?
The anti-defection law disqualifies members of parliament or state legislatures who defect from their party. The Speaker of the House decides on disqualification petitions. However, their decision can be challenged in court. Limitations include delays in the Speaker's decision and debates about whether the Speaker is the appropriate authority, given their political affiliations.
4. What are the important articles related to the anti-defection law?
According to the concept, Article 102(2) and 191(2) of the Constitution of India, read with Schedule 10, are relevant to the anti-defection law.
Exam Tip
Remember Article 102(2) and 191(2) along with the 10th Schedule for prelims.
5. What are the challenges in the implementation of the anti-defection law, and what reforms have been suggested?
Challenges include delays in the Speaker's decision on disqualification petitions and debates about the Speaker's impartiality. Reforms suggested include establishing an independent tribunal to decide on disqualification petitions and making the anti-defection law more effective.
6. How has the concept of parliamentary democracy and political stability evolved in India over time?
India adopted parliamentary democracy after independence in 1947. The Constitution in 1950 established this system. Over time, India has faced challenges to political stability, including coalition governments and defections. The anti-defection law was introduced in 1985 to address defections. The Supreme Court has emphasized the need for Speakers to decide disqualification petitions promptly.