APPSC | Group-I | Mains-2024 | AG1DMT- 3104 | Model Answers | Naipunyatha

DAY -23 |Paper –III| Section-A | Legislatures in India

1. Examine the role of the Speaker in Indian Parliamentary system with respect to defections citing recent
examples.
Syllabus Paper III: Section A: Parliament and State Legislatures — functioning
Deviation of your Answer Demand of the Question

▪ Writing only about anti-Defection law and about ▪ Examine properly the Speaker's role in handling
post of Speaker only defections in Indian politics, with recent cases.

Introduction:
▪ The Speaker of the Lok Sabha plays a pivotal role in dealing with defections, where elected representatives
switch parties after being elected. The Tenth Schedule of the Indian Constitution, also known as the Anti-
Defection Law, empowers the Speaker to decide on the disqualification of a member on grounds of
defection. In the case of Kihoto Hollohan v. Zachillhu and Others (1992), the Supreme Court upheld the
Speaker's authority to adjudicate defection cases and opened it for judicial review.
Main dimensions:
Role of the Speaker:
▪ Adjudicating Disqualification Petitions: The Speaker's role involves examining evidence, hearing arguments
from concerned parties, and making decisions on whether defection criteria are met, leading to
disqualification of errant members.
• In 2020, the Speaker of the Karnataka Legislative Assembly disqualified 17 rebel MLAs from the Congress
and JD(S) for defection, thereby altering the political landscape of the state.
▪ Ensuring Constitutional Principles: The Speaker reinforces the sanctity of electoral mandates and prevents
arbitrary party-switching that could undermine the democratic process.
• In 2019, the Speaker of the Maharashtra Legislative Assembly played a pivotal role in ensuring
adherence to constitutional norms during the government formation process, amidst defection
attempts and political manoeuvring.
▪ Preserving Legislative Integrity: The Speaker's role extends to preserving the integrity and decorum of
legislative bodies by curbing unethical practices such as horse-trading and political opportunism.
• In 2021, the Speaker of the Uttarakhand Legislative Assembly disqualified 10 rebel Congress MLAs for
defection, reaffirming the importance of upholding democratic values.
Concerns and Debates:
▪ Partisan Politics: Since the Speaker is often a member of the ruling party, there are concerns about
impartiality in deciding defection cases involving the same party. This potential for bias can undermine
public trust in the decision-making process.
▪ Delayed Decisions: The Anti-Defection Law doesn't specify a timeframe for the Speaker's decision. This can
lead to delays, where disqualified members continue to participate in the House, impacting its functioning.
• In the case of Uttarakhand, the delay in the Speaker's decision on disqualification petitions during a
political crisis prolonged the uncertainty in the state's governance.
▪ Lack of Transparency: The decision-making process often lacks transparency. Limited access to evidence
and reasoning behind the Speaker's verdict can raise questions about fairness.
These concerns have led to calls for reform, including:

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 APPSC | Group-I | Mains-2024 | AG1DMT- 3104 | Model Answers | Naipunyatha
DAY -23 |Paper –III| Section-A | Legislatures in India
▪ Depoliticizing the Speaker's Office: A constitutional amendment could ensure the Speaker's neutrality by
detaching them from any political party affiliation. Proposals for a constitutional amendment to ensure the
Speaker's neutrality, as seen in the UK's model, have been suggested.
▪ Time-Bound Decisions: Setting a specific timeframe for the Speaker's decision, with possible extensions
under exceptional circumstances, can expedite the process and prevent manipulation.
• In the case of Goa, the Supreme Court directed the Speaker to decide on disqualification petitions within
a stipulated timeframe to prevent undue delays.
▪ Appeals Process: Establishing a fast-track appeals process against the Speaker's decision in the courts would
offer timely redressal for aggrieved parties.
The role of the Speaker in defections has been highlighted in recent events:
▪ Maharashtra Political Crisis (2022): The Supreme Court, while hearing the case, reiterated that the Speaker
should be the first authority to decide on disqualification petitions. However, the Court also clarified that a
Speaker facing a removal notice cannot adjudicate on defection cases, as seen in the Nabam Rebia case
(2016).
▪ These instances showcase the evolving legal landscape surrounding the Speaker's role in defections.
Balancing the need for a strong Speaker with safeguards against bias remains an ongoing challenge.
Conclusion:
▪ The Speaker's role in handling defections is crucial for maintaining stability in the Indian political system.
While the power to disqualify members offers a mechanism to deter floor-crossing, concerns about
potential biases and a lack of transparency remain. Reform efforts focused on depoliticizing the Speaker's
office, setting time limits for decisions, and establishing a clear appeals process could address these
concerns and ensure a more robust system for tackling defections
In News Supreme Court refuses to stay Himachal Pradesh Assembly Speaker order disqualifying rebel
Congress MLAs
2. Illustrate the significance of parliamentary sessions in a democratic system and analyse the implications
of the decrease in the number of sessions on parliamentary productivity in recent times.
Syllabus Paper III: Section A: Parliament and State Legislatures-conduct of business
Deviation of your Answer Demand of the Question
▪ Writing only about Parliamentary sessions and ▪ Explain the importance of parliamentary sessions in
mentioning only about recent parliament sessions democracies and assess the impact of reduced
sessions on productivity
Introduction:
▪ Parliamentary sessions serve as the lifeblood of a democratic system. They are the platform where the
elected representatives convene to discuss, debate, and enact laws that govern the nation. A well-
functioning parliament, characterized by frequent and productive sessions, is essential for ensuring
transparency, accountability, and effective governance.
Main dimensions:
Significance of Parliamentary Sessions in a Democracy
▪ Lawmaking and Scrutiny: Parliamentary sessions are the primary forum for lawmaking. Proposed legislation
(bills) are introduced, debated, amended, and voted upon by elected representatives. This process ensures
that laws are well-considered, reflecting diverse viewpoints and public needs and provides an opportunity
for scrutiny of government actions.

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 APPSC | Group-I | Mains-2024 | AG1DMT- 3104 | Model Answers | Naipunyatha
DAY -23 |Paper –III| Section-A | Legislatures in India
• The passage of landmark bills like the Goods and Services Tax (GST) Act and the Aadhaar Act exemplifies
the meticulous deliberation and scrutiny that occur during parliamentary sessions.
▪ Representation and Public Participation: Parliamentary sessions serve as a vital link between the people
and the government. Elected representatives act as a bridge, carrying the concerns and aspirations of their
constituents to the national platform.
• Public grievances can be raised, discussed, and addressed through parliamentary debates. This fosters
a sense of participation and strengthens the legitimacy of the democratic process.
▪ Public Discourse and Policy Development: Sessions provide a platform for open and robust debate on
critical issues facing the nation. Diverse perspectives are presented, leading to a deeper understanding of
complex challenges. This public discourse paves the way for informed policy development and fosters a
sense of national consensus on key issue.
• An Adjournment session was moved in Lok Sabha in 2023, citing the need for urgent discussions on the
ethnic violence in Manipur.
Implications of Decreased Parliamentary Sessions
▪ Hampered Lawmaking: Fewer sessions translate to less time for legislative business. Complex bills may not
receive adequate discussion, and crucial amendments might be rushed through. This can lead to poorly
drafted and ineffective laws.
• During the Monsoon Session of Parliament in July 2023, disruptions led to inadequate discussion, rushed
amendments, and potentially ineffective laws.
▪ Weakened Scrutiny: Reduced session time weakens Parliament's oversight role. The government enjoys
greater leeway in policymaking, with less opportunity for scrutiny and course correction. This can lead to a
decline in transparency and accountability.
• During the Budget Session of the Indian Parliament in 2021, several bills like Mines and Minerals
(Development and Regulation) Amendment Bill, 2021 were introduced and passed with remarkable
speed, raising concerns about the quality of legislative scrutiny.
▪ Stifled Public Voice: Fewer sessions limit opportunities for public grievances to be raised and addressed.
The disconnect between the people and their representatives widens, potentially leading to public
disillusionment with the democratic process.
• Instances such as the debate on farmer protests and the passage of contentious bills like the Citizenship
Amendment Act exemplify the significance of public participation in parliamentary proceedings.
▪ Political Gridlock and Partisanship: Frequent sessions provide a platform for building consensus and finding
common ground. With fewer sessions, political parties may be less likely to engage in constructive dialogue,
leading to gridlock and partisan bickering.
▪ Erosion of Democratic Values: A decline in parliamentary activity can lead to a weakening of democratic
values and institutions. The vibrant exchange of ideas and robust debate that characterize a healthy
democracy may be replaced by apathy and disillusionment.
Measures to address the issue:
▪ Enhancing Efficiency and Time Management: Empowering Standing Committees with greater autonomy
and resources to pre-scrutinize bills, reducing the time needed for floor debates. This recommendation
echoes the suggestions made by the Law Commission of India in its 256th report (2008).
▪ Parliamentary Think Tanks: Establishing independent, non-partisan parliamentary think tanks to provide
research and analysis on proposed legislation, fostering evidence-based decision-making. This approach has
been explored in various democracies.

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 APPSC | Group-I | Mains-2024 | AG1DMT- 3104 | Model Answers | Naipunyatha
DAY -23 |Paper –III| Section-A | Legislatures in India
▪ Alternative Dispute Resolution: Explore alternative dispute resolution mechanisms for addressing
disagreements within the house, reducing instances of disruptive behaviour.
Conclusion:
Parliamentary sessions are the cornerstone of a healthy democracy. A decline in their frequency can have
serious consequences for legislative productivity, erode public trust, and weaken democratic values. Ensuring
regular and productive sessions is essential for maintaining a vibrant and accountable government that functions
for the benefit of all citizens.
In News Indian Parliament Is Diminished by Official Disruption
3. Critically analyse the factors leading to the ineffectiveness of Parliamentary control over the Executive in
India.
Syllabus Paper III: Section A: Parliament and State Legislatures- Powers & privileges and issues
arising out of these.
Deviation of your Answer Demand of the Question
▪ Giving factors that lead to ineffectiveness of ▪ Analyse the factors contributing to the inefficacy of
Parliamentary control over Executive without give Parliamentary oversight on the Indian Executive,
possible solutions. considering institutional constraints, party politics,
and the dominance of the ruling party, listing
possible solutions.
Introduction:
▪ India follows a Westminster-style parliamentary system, where the executive derives its legitimacy from the
legislature's confidence. The Constitution mandates the executive's accountability to Parliament through
various mechanisms. Article 75(3) establishes the Council of Ministers' collective responsibility to the Lok
Sabha.
Main Dimensions:
Factors affecting Parliamentary Control:
▪ Fragmented Opposition: A fractured opposition with weak leadership struggles to put up a united front
against the government. This reduces the effectiveness of tools like no-confidence motions, which require
a majority vote to succeed.
• In the 17th Lok Sabha, the Indian National Congress, the principal opposition party, faced internal
challenges and leadership issues, leading to a fragmented opposition.
▪ Overburdened Committees: Parliamentary committees tasked with scrutinizing government policies and
finances are often overburdened, hindering their ability to conduct in-depth inquiries. The Public Accounts
Committee (PAC), responsible for scrutinizing government expenditure, often faces a backlog of cases due
to its heavy workload.
▪ Government Control over Agendas: The government often controls the agenda of committees, limiting the
scope of their investigations and potentially hindering their ability to unearth wrongdoing.
▪ Limited Question Hour Effectiveness: Ministers may resort to evasive answers or scripted replies during
Question Hour, reducing its effectiveness in holding them accountable for their actions. During Question
Hour sessions, ministers sometimes provide evasive answers or read scripted responses to avoid direct
accountability.

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 APPSC | Group-I | Mains-2024 | AG1DMT- 3104 | Model Answers | Naipunyatha
DAY -23 |Paper –III| Section-A | Legislatures in India
• In 2020, the Ministries of Civil Aviation, Labour, Housing, and Youth Affairs and Sports responded with
written answers, avoiding direct accountability for which adequate answers are not provided.
▪ Limited Scope for Follow-up: The current format of Question Hour allows limited time for follow-up
questions, hindering a deeper probe into issues raised by MPs. MPs are allotted limited time for follow-up
questions during Question Hour, constraining their ability to delve deeper into matters of public concern
and hold the government accountable for its actions.
Possible Solutions:
▪ Strengthening Committee System: Empowering parliamentary committees with greater autonomy,
staffing, and resources, as suggested by the Administrative Reforms Commission, can enhance their capacity
to scrutinize government actions effectively.
▪ Reforming Question Hour: Extending the duration of Question Hour sessions and allowing for more follow-
up questions, as recommended by the Inter-Parliamentary Union, can make it a more robust mechanism for
holding the government accountable.
▪ Enhancing Transparency: The government's proactive disclosure of information through mechanisms like
the Open Government Data Platform and strengthening the implementation of the RTI Act can promote
transparency and facilitate parliamentary oversight.
▪ Promoting Constructive Opposition: Encouraging a more policy-focused and unified opposition, as seen in
the cooperation between opposition parties during the passage of the Goods and Services Tax (GST) Bill in
2017, can enhance parliamentary scrutiny and accountability.
Conclusion
▪ While the Indian Constitution provides mechanisms for parliamentary control over the executive, several
challenges hinder their effectiveness. Addressing these issues through legislative reforms, fostering a more
robust opposition, and strengthening transparency can ensure a more accountable and responsive
government.
4. Parliamentary privileges envisaged in Article 105(2) of Indian constitution which grants immunity to the
members of Parliament from legal actions is essential for their effective functioning within the
parliamentary system. Justify
Syllabus Paper III: Section A: Parliament and State Legislatures- Powers & privileges and issues
arising out of these
Deviation of your Answer Demand of the Question
▪ Writing about Parliamentary privileges without ▪ Provide a justification for the immunity granted to
justification Members of Parliament under Article 105(2) of the
Indian Constitution
Introduction:
▪ Article 105(2) of the Indian Constitution states that no Member of Parliament shall be liable to any
proceedings in any court in respect of anything said or any vote given by him in Parliament.
Main dimensions:
Importance of Parliamentary Privileges:
▪ Freedom of Speech: It grants MPs immunity for their speeches and votes in Parliament.
• In the Rajya Sabha, MP Harivansh Narayan Singh's speech on agricultural bills faced no legal
repercussions, highlighting this freedom.
▪ Unimpeded Performance of Duties: During parliamentary sessions, MPs cannot be arrested in civil cases.

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 APPSC | Group-I | Mains-2024 | AG1DMT- 3104 | Model Answers | Naipunyatha
DAY -23 |Paper –III| Section-A | Legislatures in India
▪ Protection from Harassment: MPs like Shashi Tharoor and Manish Tewari have used parliamentary
privileges to speak on sensitive topics without facing defamation suits, illustrating the protection provided.
▪ Protection from Interference: The legislature needs to be independent of other branches of government,
like the judiciary or executive. Privileges prevent them from being intimidated or pressured by outside
forces.
Justification for Immunity from Legal Actions
▪ Maintaining Separation of Powers: The 1997 case of P.V. Narasimha Rao's bribery allegations demonstrates
how immunity prevents the executive from interfering with legislative functions.
▪ Effective Representation: MPs like Derek O'Brien and Supriya Sule have raised issues related to their
constituencies without fear of legal consequences, showcasing how immunity aids in effective
representation.
▪ Encouraging Robust Debate: Instances like the Lok Sabha debates on demonetization in 2016 saw MPs
freely expressing dissenting views without legal repercussions, highlighting the importance of immunity in
fostering open debates.
Limitations of Immunity:
▪ Not a Blanket Protection: In the case of Raja Ram Pal, who was expelled from Parliament due to his
involvement in the cash-for-query scandal, it was evident that immunity doesn't shield MPs from criminal
acts.
▪ Maintaining Decorum: Instances where MPs like Azam Khan faced disciplinary actions for derogatory
remarks in Parliament underline the limitations of freedom of speech within the bounds of decorum.
▪ Accountability to the Public: Despite immunity, MPs like Lalu Prasad Yadav faced legal consequences
outside Parliament, emphasizing the accountability MPs have to the public beyond their parliamentary
duties.
▪ Misuse of Privileges: Mahua Moitra, a Lok Sabha MP, faced allegations of accepting bribes for parliamentary
questions which is considered as misuse of privileges.
Conclusion:
▪ Parliamentary privileges are a necessary tool to ensure the smooth functioning of a legislature. However,
this immunity should not be seen as a license for abuse. Strong safeguards and a culture of ethical behaviour
are essential to ensure that privileges are used responsibly and don't undermine public trust.
In News Recently, Ms Mahua Moitra expelled from Lok Sabha

5. Discuss the significance of Legislative Councils in Indian states, with a focus on recent attempts by the
Andhra Pradesh Legislative Assembly to abolish its Legislative Council.
Syllabus Paper III: Section A: Parliament and State Legislatures- Structure
Deviation of your Answer Demand of the Question
▪ Writing only about legislative council and recent ▪ Writing about importance of Legislative Councils in
initiative of Andhra Pradesh Government to Indian states, highlighting their role in the
abolish Legislative council legislative process, representation, and
governance. Specifically, explore recent efforts by
the Andhra Pradesh Legislative Assembly to
eliminate its Legislative Council
Introduction:

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 APPSC | Group-I | Mains-2024 | AG1DMT- 3104 | Model Answers | Naipunyatha
DAY -23 |Paper –III| Section-A | Legislatures in India
▪ Legislative Councils are established under Article 169 of the Indian Constitution, which empowers state
legislatures to create or abolish these bodies. These play a crucial role in India's state governance, providing
a forum for revising legislation and representing diverse interests. Recent efforts by the Andhra Pradesh
Legislative Assembly to abolish its Legislative Council have sparked debates about the significance and role
of these bodies in the Indian federal structure.

Significance of Legislative councils:

Representation and Inclusivity:
▪ One of the primary roles of Legislative Councils is to ensure broader representation and inclusivity in the
legislative process. Unlike the Legislative Assembly, which is directly elected, Legislative Councils include
members from various sectors such as education, literature, science and social services, thereby enriching
the legislative debate with diverse perspectives.
Role in Legislative Process:
▪ The Councils act as a revising chamber, scrutinizing bills passed by the Assembly. While they cannot veto
bills indefinitely, they can suggest amendments and delay legislation, thus ensuring thorough discussion and
preventing rash decisions.
Upholding Federal Principles:
▪ The existence of Legislative Councils is integral to upholding federal principles in India's governance
structure. By providing states with a bicameral legislature, they facilitate a system of checks and balances,
preventing the concentration of power in the hands of one legislative body and promoting cooperative
federalism.
Balancing Regional Disparities:
▪ Legislative Councils play a crucial role in balancing regional disparities by providing a platform for
representatives from different regions to voice their concerns and advocate for their respective
constituencies. This helps address the diverse needs and priorities of various regions within a state.
Representation of Special Interests:
▪ One of the key roles of Legislative Councils is to represent special interests and marginalized communities
that may not have adequate representation in the directly elected Legislative Assembly. This ensures a more
inclusive and equitable legislative process.
Drawbacks and Criticisms of Legislative Councils:
Increased Administrative Burden:
▪ Maintaining a bicameral legislature imposes an additional administrative burden on state governments. This
includes the costs associated with running two legislative bodies, as well as the logistical challenges of
coordinating between them.
Potential for Gridlock and Delay:
▪ The presence of a second legislative chamber can increase the potential for gridlock and delay in the passage
of legislation. Disagreements between the two chambers may lead to prolonged debates and negotiations,
hindering the timely enactment of laws.
Lack of Direct Accountability:
▪ Members of Legislative Councils are not directly elected by the people, which can diminish their
accountability to the electorate. This lack of direct accountability may lead to a disconnect between
Legislative Councils and the citizens they are meant to represent.
Conclusion:

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 APPSC | Group-I | Mains-2024 | AG1DMT- 3104 | Model Answers | Naipunyatha
DAY -23 |Paper –III| Section-A | Legislatures in India
▪ Legislative Councils in India, despite facing criticism, serve a crucial role in inclusive representation and law-
making. A balanced approach is necessary to preserve their benefits while addressing criticisms, thereby
strengthening democracy and governance in India. Despite attempts to abolish them, their significance in
the Indian federal structure underscores the need to preserve and fortify these institutions.
In News Andhra Assembly withdraws resolution to abolish Legislative Council

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