Q15 · UPSC Civil Services Mains 2019 · GS II · 15 marks · 3 min read

← Q12 Q4 →

Individual Parliamentarian's role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.(15).

Topic: Parliament and State Legislatures. Syllabus: Parliament and State legislatures — structure, functioning, conduct of business, powers and privileges and issues arising out of these. Same official PYQ from year-wise 2019 and Parliament and State Legislatures.

Revision summary

The Tenth Schedule makes a whipped vote a condition of keeping the seat, shrinking the MP as an independent lawmaker. Private Members’ Bills rarely pass; the executive owns the legislative agenda. Fewer sittings and guillotine of grants cut debate time; skipping standing committees hurts outcome quality. DRSCs and PAC still give members a scrutiny role off the floor. Correctives: narrower whip, mandatory committee reference, and a minimum sitting calendar.

Model answer

Copper italics in this answer — like this — are the key facts. Each one is unpacked in the Facts & figures rail.

Introduction

A national lawmaker in a parliamentary system is both a party member and a representative who speaks, amends, and votes. Over recent decades the individual MP’s room has shrunk: the whip, fewer sitting days, guillotined debates, and executive-heavy bills. Debate quality and legislative outcome have suffered where scrutiny moved off the floor and sometimes off the committee as well. The decline is real; it is not the death of Parliament.

Body

Why the individual role has declined

  • The Tenth Schedule (Constitution (Fifty-second Amendment) Act, 1985) makes defiance of a party whip on a vote a disqualification. An MP cannot, without risking the seat, vote a conscience line on most ordinary legislation.
  • Anti-defection was meant to stop horse-trading; its side effect is to turn the lawmaker into a division-bell number once the whip is issued.
  • Private Members’ Bills almost never pass; the legislative agenda is the government’s. Individual initiative survives mainly as questions, zero hour, and adjournment noise.
  • Sitting days have fallen compared with the early decades; the Budget is often guillotined, so many Demands for Grants are not debated at all.
  • Ordinances, money bills used to limit Rajya Sabha, and tightly whipped Constitution Amendment Bills further reduce the floor as a place of individual amendment.

Effect on debates and outcomes

  • Scripted party speeches replace clause-by-clause argument; interruptions rise; recorded debates thin out on technical bills (taxation, Aadhaar-era data, insolvency).
  • When bills skip Departmentally Related Standing Committees, the individual MP loses the only room where party lines are softer and evidence is heard. The National Commission to Review the Working of the Constitution and later presiding officers repeatedly asked that all Bills go to committee.
  • Outcome quality suffers as errors travel into the Gazette and return as amendments: rushed financial bills and poorly scrutinised criminal-law changes are the pattern, not a single scandal.
  • Representation of constituencies still happens through MPLADS (later paused and restored in cycles) and through questions; that is welfare brokerage, not law-making.

What still supports the individual MP

  • Standing committees, the Public Accounts Committee, and the Committee on Petitions remain places where an MP can examine a ministry without a whip on every sentence.
  • Rajya Sabha’s longer tenure and less strict electoral clock sometimes allow a more individual voice, though party discipline exists there too.
  • Privileges, the Ethics Committee, and the right to vote in a secret Presidential election are remnants of a member’s own legal personality.

Committees and correctives

  • The Second Administrative Reforms Commission on ethics and on organisational structure of government stressed accountability of the executive to Parliament, which needs time and un-whipped committee work.
  • Recommendations long on the table: narrower application of the whip (only confidence, money, and no-confidence, as some democracies do), a minimum calendar of sittings, mandatory committee reference except in declared urgency, and revival of Private Members’ days with a real chance of passage.
  • The presiding officer’s power to allow more half-hour discussions and to protect Zero Hour is a small internal fix.

Discussion

  • The statement is largely agreed: anti-defection plus executive dominance has reduced the MP as lawmaker and has hurt debate and drafting.
  • Outcome is not only floor rhetoric; committee institutionalisation after 1993 is a partial counter. Decline is of the individual on the floor, not of every parliamentary tool.

Flow diagram

flowchart TD
  TS[Tenth Schedule whip] --> D[Decline of individual MP]
  Ag[Government agenda] --> D
  Sit[Fewer sittings guillotine] --> D
  D --> Q[Weaker floor debate]
  Skip[Bills skip DRSC] --> Q
  DRSC[Committees] --> C[Partial scrutiny remains]

Conclusion

The individual parliamentarian’s law-making role has declined because the Tenth Schedule whip, a government-owned agenda, fewer sittings, and bypassed committees leave little room for a personal amendment. Debates and legislative outcomes have thinned with that decline. Restoring committee reference and narrowing the whip are the practical answers, not nostalgia for an unwhipped golden age that party government never fully was.

Quick related

Students also ask

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2024 · Q7 · GS II · 10 marks

    Poverty and malnutrition create a vicious cycle, adversely affecting human capital formation. What steps can be taken to break the cycle?

    View answer →

More from this topic

Q3 · UPSC Mains 2026 · GS II · 10 marks · Solution

Examine whether the constitutional office of the Lok Sabha Speaker has become vulnerable to partisan politics under the current anti-defection regime. What institutional changes are required to ensure the neutrality of the Lok Sabha Speaker in managing a polarised House?

Parliament and State Legislatures

• The Lok Sabha Speaker faces a conflict of interest because they remain in a political party while deciding disqualification cases under the Tenth Schedule. • Key vulnerabilities include dual political allegiance, weaponization of the anti-defection whip for government stability, and tactical delays in rulings. • The Supreme Court (*Keisham Meghachandra Singh*, 2020) criticized these delays and suggested moving to an independent tribunal. • Reform idea 1: Adopt the British convention where the Speaker cuts all party ties and runs unopposed in elections. • Reform idea 2: Shift defection adjudication entirely away from the Speaker to an outside body like the Election Commission. • Reform idea 3: Enforce strict statutory time limits to prevent politicians from stalling defection cases during crises.

Q12 · UPSC Mains 2025 · GS II · 15 marks · Solution

Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.

Parliament and State Legislatures

Article 368 uses Parliament’s Houses, not a standing constituent assembly, with special majority and no joint sitting. Federal provisions need ratification by at least half the States. Ordinary Acts cannot amend the Constitution. Kesavananda, Minerva Mills, Indira Gandhi and I.R. Coelho set substantive basic-structure limits, including judicial review and rights-DPSPs balance. NJAC 2015 shows the doctrine applying to institutional design, not only to rights texts.

PDF