UPSC CSE 2026 Essay Paper Discussion
GS Paper 2 15 marks · 250w 14 min Medium

Identify the five most consequential reforms that could restore Parliament’s primacy without altering the Constitution. Justify your selection.

Subtopic: Polity and Governance

Model answer outline

How to structure your answer

Introduction → Sitting days collapsed → Committee referral abandoned → Privilege weaponised → Accountability instruments eroded → Anti-defection structural capture → Conclusion
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Detailed model answer

795 words · target 250 words · 14 min

"Congress in session is Congress on public exhibition; Congress in its committeerooms is Congress at work." Woodrow Wilson. India's Parliament is increasingly the former and diminishingly the latter, a decline produced not by constitutional failure but by institutional choices that existing Rules, statutes, and conventions are fully equipped to reverse.

Parliament's primacy — the constitutional design Articles 79, 75, and 105 together vest legislative sovereignty, executive accountability, and deliberative protection in Parliament. The Constituent Assembly designed a Westminster-derived legislature where the Cabinet governs only so long as it commands parliamentary confidence — making Parliament the institutional principal and the executive its agent. Granville Austin called Parliament India's "grand inquest of the nation" — the forum through which democratic legitimacy is renewed between elections.

This primacy has been systematically hollowed without touching the Constitution

  • Sitting days collapsed: 17th Lok Sabha averaged 55 sitting days annually — fewest among all full-term Lok Sabhas; the UK Parliament sits 150–170 days; the US Congress approximately 260 (PRS Vital Stats).
  • Committee referral abandoned: Bills referred to DRSCs fell from 71% (14th LS) to 16% (17th LS) lowest since DRSCs were created in 1993; 35% of bills received less than one hour of floor debate.
  • Privilege weaponised: 146 MPs suspended in Winter Session 2023 largest mass suspension in Lok Sabha history, enabling passage of BNS, BNSS, and BSA without adversarial scrutiny.
  • Accountability instruments eroded: Ministerial suo-motu statements fell 71% over a decade (98 in 15th LS → 28 in 17th LS); no Private Member's Bill has passed both Houses since 1970; Deputy Speaker — constitutionally mandated under Article 93 not elected for the entire 17th LS term, the first such lapse in Indian parliamentary history.
  • Anti-defection structural capture: The Tenth Schedule has converted MPs into party instruments, individual legislative conscience is constitutionally suppressed, making floor debate performative rather than deliberative (Kihoto Hollohan v. Zachillhu, 1992).

Reforms requiring constitutional amendment Two structural causes of

Parliament's decline cannot be addressed without Art. 368:

  • Anti-defection law reform: The Tenth Schedule's absolute bar on voting against party whip eliminates intra-party legislative deliberation as a check on the executive; restoring parliamentary conscience requires either narrowing its scope to confidence votes and money bills (as recommended by the Election Commission 2004 and Law Commission 170th Report) or removing it from committee votes entirely — both requiring constitutional amendment.
  • Deputy Speaker (enforceable constitutional obligation): Article 93's "shall choose" is judicially unenforceable as an internal parliamentary matter (Article 122); converting it into a justiciable obligation requires either a constitutional amendment fixing a deadline or a SC ruling clarifying its mandatory character.

Within the existing constitutional framework, however, five reforms would collectively restore the Primacy:

  • Mandatory pre-legislative referral of all bills to DRSCs — by amendment to Rules of Procedure
  • Amending Rule 331-N to make referral automatic and mandatory for all bills above a defined threshold of significance requires no constitutional amendment, only political will.

A statutory "comply-or-explain" framework for committee recommendations — by Parliamentary legislation under Article 105

  • Currently, committee reports are non-binding, the government may enact the original bill unchanged despite sweeping committee amendments,
  • as it did with the BNS and BNSS (2023).

A statutory requirement modelled on the UK convention where the government must formally respond to select committee reports within 60 days would impose a deliberative discipline on the executive's relationship with committee outputs.

Fixed minimum sitting days — by amendment to Rules of Procedure and inter-party convention

  • Article 85 requires only that Parliament be summoned within six months of its last sitting which is a threshold so low that a government can constitutionally limit Parliament to two sessions and 40 sitting days per year.
  • Amending the Rules of Procedure to fix a minimum of 100 sitting days annually, the recommendation of the National Commission to Review the Working of the Constitution (NCRWC, 2002) requires no constitutional change.

Codification of parliamentary privilege under Article 105(3) (by Parliament statute)

  • Article 105(3) vests in Parliament the privileges of the UK House of Commons as they existed in 1950 — an undefined, expanding reservoir of immunities that has enabled the weaponisation of suspension (146 MPs, Winter 2023) and sheltered legislative irresponsibility.
  • Parliament can codify and limit its own privilege by ordinary statute — as the UK did through the Parliamentary Standards Act (2009) which would define the scope of contempt, establish a proportionality requirement for suspension, and create an independent tribunal for privilege adjudication, removing the Speaker-as-judge anomaly that violates natural justice.
  • Independent research capacity for parliamentary committees: by executive allocation and statutory backing
    • The absence of a Parliamentary Research Service equivalent to the US Congressional Research Service means committees rely on generalist Secretariat staff and evidence submitted by the very ministries under scrutiny.
    • Establishing an independent, non-partisan Parliamentary Research Bureau staffed by economists, lawyers, and domain specialists requires neither constitutional amendment nor legislative complexity beyond a budget allocation and enabling statute.

Parliament's primacy has not been abolished, it has been evacuated, one institutional choice at a time. The Constitution has not failed Parliament.

Parliament has not yet demanded of itself what the Constitution makes possible.

Key points

What an examiner expects to see

  • Sitting days collapsed: 17th Lok Sabha averaged 55 sitting days annually — fewest among all full-term Lok Sabhas; the UK Parliament sits 150–170 days; the
  • Committee referral abandoned: Bills referred to DRSCs fell from 71% (14th LS) to 16% (17th LS) lowest since DRSCs were created in 1993; 35% of bills
  • Privilege weaponised: 146 MPs suspended in Winter Session 2023 largest mass suspension in Lok Sabha history, enabling passage of BNS, BNSS, and BSA
  • Accountability instruments eroded: Ministerial suo-motu statements fell 71% over a decade (98 in 15th LS → 28 in 17th LS); no Private Member's Bill has
  • Anti-defection structural capture: The Tenth Schedule has converted MPs into party instruments, individual legislative conscience is constitutionally
  • Anti-defection law reform: The Tenth Schedule's absolute bar on voting against party whip eliminates intra-party legislative deliberation as a check on
  • Deputy Speaker (enforceable constitutional obligation): Article 93's "shall choose" is judicially unenforceable as an internal parliamentary matter
Keywords / terms

Terminology to weave into the answer

Private Member's BillElection Commission 2004Law CommissionNational CommissionParliamentary Standards ActPRS

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