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Opinion
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A more serious resolve?
PIOUS RESOLUTIONS ON the urgency of arresting the precipitous
downslide in the functioning of legislative bodies across the
country have been ritually made by the presiding officers and
political functionaries, but the trend has persisted inexorably
prompting scepticism about such declarations. What marks out the
latest initiative, which apparently has the backing of a broad
spectrum of political consensus, is that it goes beyond
generalised prescriptions. This resolution offers specific
remedies at least in some areas of immediate concern, as for
instance the growing penchant of members to brazenly defy the
Chair and even disrupt proceedings through wanton acts of
misbehaviour that sometimes take on shades of criminality. In
fact, a limited attempt was made in this regard three months ago
when the Lok Sabha Speaker, Mr. G.M.C. Balayogi, moved decisively
for `automatic suspension' (from the service of the House) as
punishment for trooping into the well of the House, and that
indeed was a precursor to the expanded and more comprehensive
exercise undertaken last Sunday.
In a sense, the code of conduct, insofar as it relates to a
member's behaviour inside the House, is but a compilation of the
dos and don'ts laid down in the rulebook pertaining to
parliamentary procedures. What has been attempted now is to
suggest a `graded punishment' - reprimand, admonition, censure,
withdrawal from the House, suspension and so on - depending on
the gravity of the `offence' and thereby seek to put in place a
`parliamentary penal code', so to say. It is not as if the rules
of parliamentary procedure and practices in vogue do not provide
for such penalties or the Chair is in any way inhibited -
statutorily or otherwise - in awarding them to the errant
members. But it is only that the presiding officers have, for
various reasons, felt constrained or have been reluctant, if not
unwilling, to wield the stick against the recalcitrant elements
and have, instead, tended to take the easier route of adjournment
even where a pointed stern rebuke could have had a salutary
impact. As an option, adjournment has, of course, its own value
in situations where tempers are frayed, but where filibustering
is the name of the game it will only help that `cause'. In any
event, while the `code' needs to be adopted by Parliament and the
various State Legislatures, now that the `graded punishment' idea
has found wide acceptability within the political class, the
presiding officers could be expected to intervene more
effectively - by a judicious application of the penal provisions
- whenever dignity and decorum of the House came to be outraged.
In a larger perspective, the unruly and deviant behaviour of
people's representatives in the law-making institutions is a
direct consequence of the Indian democratic polity's failure to
evolve a sound ideology-based party system with a strong
disciplined cadre as its core. On top of it is the stark reality
of widespread intrusion of criminal elements into active politics
and, by extension, into legislatures, thanks to the loopholes in
the electoral laws. It would be unrealistic, therefore, to expect
Parliament or the State Legislatures to be picture-perfect as
long as these basic causes are not addressed with the sort of
seriousness they warrant. These basic factors apart, disorder in
legislatures is not always attributable to a refractory or
perverse Opposition and, more often than not, it is the
Government's own authoritarian ways and stonewalling tactics that
provide the provocation for the other side to resort to
obstructionist methods, even if they are deplorable in
themselves. It is as much the responsibility of the party (or
parties) in power as of those in the Opposition to see that the
legislature functions smoothly and purposefully. And this, at the
minimum, calls for a healthy respect for dissent and spirit of
accommodation towards the counter-viewpoint on the part of the
Government.
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