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Lower Number of Sittings in Indian Legislatures
Context:
According to PRS Legislative Research’s “Annual Review of State Laws, 2023,” Between 2017 and 2023, Haryana’s Legislative Assembly met for an average of just 14.4 days per year, making it one of the least active assemblies in India.
About the Declining number of sitting in Legislatures:
- In 2023, 44 per cent of all the Bills passed, were passed on the day they were introduced in the Assembly or the very next day.
- Of the more than 500 Bills introduced in 2023 in state legislatures, 23 were referred to committees for further scrutiny.
Significance of Legislatures as Deliberative Body:
- Enhancing Decision-Making Quality
- Addressing Public Concerns
- Mitigating Judicial Workload
- Strengthening Government Accountability
Constitutional Provisions:
- The constitution does not prescribe the number of sitting days of sittings however under Article 85 and Article 174 the gap between two sessions of Parliament and legislatures should not exceed six months, meaning that they must meet at least twice a year.
Reasons for Decline in number if sittings:
- Focus on Electoral Politics: Frequent elections and political rallies divert legislators’ attention from parliamentary work, reducing attendance and the need for extended sessions.
- Increasing fragmentation among political parties that has made reaching general consensus on certain issues difficult, and below par homework on the bills that are introduced.
- Executive Dominance: The government increasingly uses ordinances, bypassing regular legislative processes.
- Time Mismanagement : Sessions are shortened, and non-productive hours result from procedural delays, limiting effective discussions.
- Decline in Parliamentary Standards: Erosion of parliamentary culture and poor attendance of legislators weaken the deliberative function of the legislature.
- Rushed Legislative Processes: Important bills are passed with little or no debate, reducing scrutiny by legislative committees due to fewer sittings.
Impact of decline in number of sittings:
- Weakening of Legislative Scrutiny: Fewer sittings reduce time for debate and result in hasty lawmaking, leading to poorly drafted laws with minimal scrutiny.
- Reduced Accountability of the Executive: A decline in sessions limits Question Hour and oversight opportunities, allowing the executive to dominate without being held accountable.
- Rising Reliance on Ordinances: Increasing use of ordinances bypasses legislative debate, undermining the democratic process.
- Erosion of Democratic Norms: Fewer sessions restrict debate on key issues and weaken parliamentary culture, undermining the legislature’s role in policymaking.
- Diminished Role of Parliamentary Committees: Reduced sitting days limit committee meetings, weakening the oversight of public expenditure and bill scrutiny.
- Loss of Legislative Productivity: Disruptions waste time, leaving important legislative business pending and reducing productivity.
- Decline in Public Trust: Fewer sittings and ineffective functioning erode public trust in legislative institutions, fostering political apathy.
- Undermining of Federalism: Weakened state legislatures result in a greater centralisation of power, impacting the balance between state and Union governance.
Steps taken to increase legislative sittings:
- Several states, including Karnataka, Rajasthan, and Uttar Pradesh, have mandated a minimum number of sitting days for their legislatures through rules or legislation.
- These limits range from 35 days in Himachal Pradesh to 90 days in Uttar Pradesh. However, none of these states have met their targets since 2016.
Recommendations
- The idea of a fixed calendar of sittings or a minimum number of sittings was explored by the Lok Sabha’s General Purposes Committee in 1955.
- Submitted in March 2002, the National Commission to Review the Working of the Constitution (NCRWC), recommended measures to improve the efficiency of legislatures.
- The Commission recommended that state legislatures with fewer than 70 members should meet for at least 50 days annually, while larger assemblies should aim for at least 90 days.
- It also proposed that the Rajya Sabha should convene for a minimum of 100 days and the Lok Sabha for 120 days each year.
- In 2009, Mahendra Mohan from the Samajwadi Party proposed a constitutional amendment to mandate state assemblies to meet for at least 60 days.
- In 2019, Derek O’Brien of the Trinamool Congress suggested that Parliament should sit for a minimum of 100 days.
- After the 17th Lok Sabha (2019-2024) met for only 274 days—the lowest for a full-term Lok Sabha—O’Brien called for a fixed parliamentary calendar.