THE ECONOMIC WEEKLY ANNUAL January, 1959

Parliamentary Democracy in India Some Aspects of Its Working

c v H Parliamentary democracy in India is for all practical purposes only nine years old. though ice had

it in a rudimentary form for nearly four decades.

During this period we hare acquired considerable experience of parliamentary forms, procedures and techniques and established a number of conventions. Nevertheless there is still a number of problems relating to that system' solutions to which have yet to be found. Some of these stem from the federal character of our Constitution, others from the need to evolve constitutional precedents appropriate to special needs.

Some of them have also an intimate bearing on the smooth functioning of Parliament or the State legislatures as representative law-making bodies, such as the place to be accorded to Opposition viewpoints and the relations that should subsist, between the Treasury Benches and the opposition parties.

Lastly, there is the issue of the extent of parliamentary control over public corporations.

AT the last .session of the Speak­ers' Conference held at Dar-

jeeling, an at tempt was made to come to grips w i t h some of these problems. But the conclusions a r r ived at at such a conference have to reckon w i t h the funda­menta l fact t ha t in the w o r k i n g of the par l i amenta ry system there is a constant in te rp lay of human factors and emotions, tha t the predilection is for se t t l ing differen­ces of opinion in public mat ters t h rough discussion and debate and tha t Par l iament as a l a w - m a k i n g body has to funct ion according to cer ta in rules of procedure and tha t a l l sections represented in i t pledge themselves to the observance of those rules and are w i l l i n g to play the game f a i r l y and ju s t ly .

It is also essential to remember that the pa r l i amenta ry system is not an end in i tself but the means to an end, wh ich is the effective implementa t ion of the democratic principles of mutua l consultat ion, discussion and a spir i t of give and take among representatives of the people. If th is pre-condition is not fulf i l led, there can be no democracy and the foundat ion wou ld have been la id for its unde rmin ing and eventual disappearance.

Treading on States' Subject' In his address to the Dar jee l ing

Conference, Shr i M A Ayyangar , Speaker of the L o k Sabha, men­t ioned among the issues t h a t con­f ront pa r l i amen ta ry democracy in Ind ia , a n d give rise to a consider­able amount of disquiet and confu­sion, is the spate of adjournment motions, interpel la t ions and other a t tempts to raise discussion on subjects wh ich are essentially

State subjects or wh ich f a l l in the Concurrent Lis t , The Speaker had to do some t ight-rope w a l k i n g in deciding the admiss ib i l i ty or other­wise of such motions, and eventu­a l l y had to ask f o r au tho r i t a t i ve notes f r o m Minis t r ies as to the scope of Cent ra l and State respon­s ib i l i ty in such mat te rs .

As clear-cut a d ivis ion as pos­sible between the Cent ra l and State spheres of legis la t ion and admin i s t r a t i on is desiderated un ­der a federal system in order to obviate a conflict of jur isdict ions, which may become sharp and pointed, if i t so happens tha t the pol i t ica l complexion of more and more State Governments is differ­ent f rom t h a t of the Centre. I t i s essential to the exercise by Pa r l i a ­ment of i ts l a w - m a k i n g and other powers that these jur i sd ic t ions should be clearly defined so tha t Opposition parties would no t be tempted to use the f o r u m of Par­l i amen t for pol i t ica l f i reworks in support of or against State Gov­ernments which happen to differ f r o m the Centre, and also to avoid the irksomeness invo lved in the Government a t the Centre h a v i n g to defend or condemn policies of State Governments. w i t h w h o m they have no pol i t i ca l aff ini ty .

No Short-cut There is no short-cut to success

in pa r l i amen ta ry democracy. There must be a w i l l among the people as a whole to make a success of it, and the w i l l to do so should be measurable in te rms of the display of a sp i r i t of tolerance of different viewpoints and the preparedness to g ive and take a m o n g the pol i t i ca l parties. This is the ha rd way to

success, but there is no easy way if the problem is considered in the perspective of the h i s to ry of par­l i amen ta ry system.

The apparently simple proposi­t ion may be rei terated here tha t the responsibil i ty for c rea t ing and preserving these pre-conditions for the successful func t ion ing of the pa r l i amenta ry system rests square­ly on pol i t ica l parties and on various organs of public opinion in the country representing diverse interests, wh ich have a stake in the preservation of the fundamenta l postulates of democratic govern­ment, e g. free discussion, accept­ance of the ma jo r i ty viewpoint , a deep f a i th in cons t i tu t ional me­thods for b r ing ing about changes in such viewpoints and a f i rm re­solve to st ick to peaceful as apar t f r o m violent methods of ag i t a t ion .

Jayaprakash Narayan's Thesis

In this context, the Jayaprakash N a r a y a n thesis tha t first r ank lead­ers of Congress should assume the leadership of public opinion and create the mass enthusiasm for self-help and development, wh ich Ls the bed-rock foundat ion for democracy and the pa r l i amenta ry method of implement ing i t . is sig­nificant. Tha t thesis may sound ra ther unpract ica l and unreal is t ic in the context of the more or less i r refutable argument t h a t in a pa r l i amenta ry democracy the best, men in public l ife and politics should engage themselves in the w o r k of Government because i t it; v i t a l l y impor tan t in the na t iona l interest that they do so, Cr i t ics of the thesis, however, miss the point t ha t the task of l a y i n g the foundations of the democratic sys-

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tern on a f i r m basis is as impor t an t as, i f not more impor t an t than, r u n n i n g the adminis t ra t ion , and t ha t presently, under I n d i a n con­dit ions, the former is as significant as the la t ter . I f the foundations of the par l iamentary system are bu i l t on sand, the superstructure must be in perennial danger of toppl ing over.

Jayaprakash Narayan 's thesis, therefore, has both va l id i t y and force in the context of the present s i tuat ion. I t s 'unrealism', i f any, lies in his ca l l ing upon Pandit Nehru to abandon his position as Pr ime Minis ter , because in suggest­i n g i t , Jayaprakash Narayan has not probably given adequate con­sideration to the prospect of such a development at this stage leading to a deter iorat ion in—and probably disrupt ion of our admin is t ra t ion . N o r does he seem to realise tha t i f Nehru were to leave the Govern­ment, i t would shake up the govern­menta l structure to the roots, which the count ry cannot afford. On the other hand, the country and i ts democratic const i tu t ion would gain enormously, i f a large number of sincere democrats de­voted themselves to the v i ta l i sa-t ion of the democratic system at i ts grass roots.

Why All-Party Government?

Another o f Jayaprakash Nara ­yan's theses is that in order to ensure democracy, the Government to be established in I n d i a has to be one in which a l l parties believ­i n g in democratic socialism would part icipate. " I have suggested" h e said in a statement at a New Delhi press conference on October 16, " t ha t a l l the parties t ha t pro­fess democratic socialism should sit round a table to find out what they mean by t h a t t e rm and to wha t extent they agree, not so much in theory but in practice, about w h a t needs to be done to create a democratic socialist I n d i a

I suggest t h a t a l l the par­ties t h a t are able to come to such an agreement should agree fu r ther to w o r k together the common pro­gramme, reserving the r i g h t to propagate the i r respective viewpoints regard ing mat te rs where agreement had not been reached." On other occasions he commended the Yugo­slav system under wh ich a Socialist (?) par ty has been able to w o r k fo r socialism w i t h o u t the k i n d

of i r on dic ta torship enthroned In Soviet Russia.

Cooperative and j o i n t action by parties believing in democratic methods to promote public interest and to rouse the masses to active par t ic ipat ion in na t ional develop­ment is an a t t rac t ive ideal. What, renders it of dubious value, how­ever, is not so much the impedi­ments—formidable as they are, ideological, personal and par ty—to agreement on jo in t act ion as its i n ­consistency w i t h the acknowledged basis of the par l iamentary system. Tha t basis is the existence of two (or more) well-organised parties, hav ing profound f a i t h in const i tu­t i ona l methods of w o r k i n g and systematical ly and continuously educating public opinion on various issues of public importance. Jaya-prakash has not, so fa r as the present wr i t e r is aware, advocated at any t ime the complete abroga­t ion of the par l iamentary machinery as such.

Dissolution of Parties No Solution

So long as tha t machinery, and the system of which it is the sym­bol, remain, the recognised appa­ratus of tha t system, namely, an elected Par l iament , the par ty sys­tem, and executive responsibili ty to the legislature would also remain. I f a l l the democratic parties in I n d i a agree to disband themselves, where is the prospect of the par l ia­mentary apparatus funct ioning and a. democratic balance being main­tained among differ ing viewpoints? A r e not these the most effective safeguard against one par ty or t o t a l i t a r i a n domination? We can­not have a coali t ion of a l l demo­crat ic parties in runn ing the govern­ment and also a democratic social­ist opposition at the same t ime!

We cannot have an al l -par ty (or an all-democratic pa r ty ) Govern­ment w i t h o u t g i v i n g rise to the in te rna l tensions and stresses which wou ld render its s tab i l i ty doubtful , pa r t i cu la r ly i f , whi le being partners in Government, each of them exer­cised the l ibe r ty of propagat ing its own viewpoint . In a na t ional emer­gency, and only in a nat ional emer­gency such as a war or a grave economic crisis, such a coal i t ion would be desirable and might i n ­deed be indispensable. But in t imes of peace, the conditions for successful funct ioning of an a l l -pa r ty coali t ion are necessarily

slender, If not non-existent. On the other hand, were such a coal i t ion possible, and i f in te rna l discords d id not disrupt i t , the ground would be prepared for the most impor tan t and the most powerful par ty to the coal i t ion g rooming itself for a sort of semi-dictatorship, which would not be very different in actual prac­tice f rom a to ta l i t a r i an dictator­ship.

Necessity for Opposition The need at present appears to

be not so much a hotch-potch coali­t ion, much less merger, of a l l de­mocrat ic socialist parties as the evolut ion of a s t rong and vi r i le opposition par ty to the Congress -one which takes its role seriously and earnestly, one which w i l l com­mand a g r o w i n g amount of public support and which can, in course of t ime, if not immediately, replace the Congress par ty in office and power. Presently a serious d raw­back of the Ind ian s i tuat ion is tha t poli t ical thought and theory in I n d i a are much in advance of the pol i t ica l education of the masses in democratic practices, We have d rawn copiously on the pol i t ical theory and practice in Great B r i t a i n but we have not prepared the soil sufficiently to ensure the f u l l f e r t i ­l isat ion of the Br i t i sh theory en­graf ted on i t . Nor have we accep­ted in fu l l the impl ica t ion of the Amer ican system of Separation of Powers, which in the Uni ted States of America constitutes a powerful bu lwark against concentration of power either in the Legislat ive or the Executive organ and which has a judic iary w i t h wide powers of interpretat ion of const i tut ional pro­visions, and other appropriate checks and balances to prevent cither of these State organs becoming over-powerful.

Because practice has not caught w i t h theory in India , we have a s i tuat ion in which a very dominant pa r ty has been holding the reins of Power continuously for more than a decade, rest ing its claim to popu­lar' support on performance in the pre-freedom struggle and unable to outgrow i ts role in the past or to i n s i d e r tha t the fruits of freedom should be shared by ail sections of the population. The position is of, considerable complexity and is, in a sense, unique. We have a s i tuat ion! in which the Congress and others parties which profess f a i t h — I n various degrees in democracy and

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the p a r l i a m e n t a r y system but in w h i c h there is not m u c h prospect of the fu l f i lment of the first essen­t i a l condi t ion for the success of t ha t system, namely, the existence of a s t rong p a r t y w h i c h can, in a reasonable period of t ime, f o r m an a l te rna t ive Government . The one par ty w h i c h can f u l f i l the las t con­d i t ion has so fa r displayed only a dubious f a i t h in democracy and pa r l i amen ta ry democracy in pa r t i ­cular, whi le the others are mere splinter groups none of w h i c h can cla im to he in the a l l - I n d i a picture, though they command v a r y i n g de­grees of support in different States.

Congress Unwilling to Help The other s ignif icant factor is

that Congress by i t se l f is neither wil l ing 1 nor anxious to foster the development of any other pa r ty and help i t to g r o w i n t o a power fu l r i v a l a l l - I n d i a p a r t y w h i c h can challenge its supremacy. At A v a d i i t had -stolen the socialist thunder by de­ciding on a socialist pa t t e rn of so­ciety, a n d at Nagpur, i t has made an a t t empt to steal the Communist thunder w i t h i ts p rogramme of co­operative j o i n t f a r m i n g and service cooperatives, and w i t h the fire and the br imstone i t has ra ined against the pr iva te sector Thus changes in the Congress p rogramme a long more and more rad ica l lines do not a f fo rd any chance to the other par­ties to make headway in their dis­t inc t ive , economic, social or po l i t i ca l programmes w h i c h w o u l d be a t t rac­t ive to the electorate. The opposi­t ion part ies f ind themselves stumped even before they g r o w to any height. They can o n l y thunder out­side and filibuster inside the legis­lature, but a l l t ha t they can present are on ly the mis takes and derelic­tions of the Congress p a r t y a n d no t an a l t e rna t ive construct ive prog­ramme.

There is no ind ica t ion tha t the posit ion w i l l subs tan t ia l ly change l r i the next few years though it is pos­sible t h a t some dents m a y be made in the Congress posi t ion in some States and to some extent at the Centre. The resul tant s i tua t ion would most probably be the cluster ing of P a r l i a m e n t w i t h a number of p a r t y groups as was the case in France d u r i n g the per iod of the t h i r d Republic, a l l o f t hem contend­i n g f o r a share in power and show­i n g themselves w i l l i n g to enter i n to ad hoc and t r ans ien t coal i t ions w h i c h ca r ry the seeds of d i s in tegra t ion

w i t h i n themselves. M a y i t not be t h a t then a new Republic of I n d i a wou ld emerge, the complexion of wh ich w o u l d not be the same as t h a t of the one w h i c h we have now and which wou ld result in a one-man dic ta torship replacing the par l i a ­m e n t a r y democracy w i t h i t s other antecedents? The Congress cannot ce r ta in ly commi t pol i t ica l ha ra k i r i to help the Opposition parties to s t rengthen themselves. But i f par­l i amen ta ry democracy is to g row in to a m i g h t y tree, i t is essential t h a t the Congress and the non-Congress parties, w h i c h w a n t i t to g row should Impar t more intensive education to the electorate on the theory and practice of pa r l i ament ­a ry democracy, its impl ica t ions and the conditions for i ts success.

Education of Electorate Vital One of the points on w h i c h such

education is essential is the realisa­t ion tha t pa r l i amen ta ry democracy functions on two fronts . On one f ront , opportunit ies are afforded under the system for mat te rs of public and na t iona l interest to be discussed under proper rules and safeguards but wi thou t res t ra in t or i nh ib i t i on , a n d f r o m different view­points, so tha t a pol icy w h i c h w o u l d be the best in the interests of the coun t ry and o f the communi ty w i l l emerge. On the other, i t is designed to impose an effective check on the Execut ive by subject ing it's actions a n d admin i s t r a t ive decisions to con­s t ruc t ive c r i t i c i sm, as a safeguard against encroachment on the l iber­ties of indiv iduals and groups. Con­stant vigi lance is the price of l i b ­e r ty ; and i t is the vigi lance exer­cised by popular representatives in Pa r l i amen t and by the press and other representative organisat ions of public opinion tha t produces tha t desirable result.

I n pay ing too much a t t en t ion to the f o r m s of democrat ic expression t h r o u g h Par l i ament , the legislatures and so on, we are probably in dan­ger of losing the substance of de­mocra t ic l ibe r ty and ind iv idua l freedom. The fo rmer is undoubted­ly indispensable to the la t te r . But i f the decencies and proprieties of p a r l i a m e n t a r y system are sacrificed by the po l i t i ca l parties a t the a l t a r of pe t t i fogg ing po l i t i ca l manoeuvres to ga in some immedia te pol i t ica l advantage, Pa r l i amen t as the reflec­t o r o f the w i l l o f the people w i l l au tomat i ca l ly cease to be the ins t ru ­ment for f u l f i l l i n g i ts essential role

of preserving the l i be r ty and the r igh t s of the ind iv idua l and of con­cen t ra t ing a t t en t ion on v i t a l na t ion­al issues. T h a t w i l l be a propit ious s i tuat ion for any ambit ious person to toy w i t h the idea of personal d ic ta torship .

"Party-ocracy" We should note, w i t h a cer ta in mis­

g i v i n g , i f not a l a rm, the fact t ha t pa r l i amen ta ry democracy, in some of the newly free democrat ic coun­tries, among wh ich unfor tuna te ly I n d i a also has to be included, faces a challenge in the existence of a s trong, monol i th ic pa r ty side by side w i t h a number of re la t ive ly i n ­signif icant parties, w h i c h are s t r i v ­ing for public support. Inherent in this s i tuat ion is the danger of the p a r t y machine usurping, in greater and greater measure, the funct ion which real ly belongs to the Govern­ment formed by the p a r t y in a ma jo r i ty . Majo r decisions of Gov­ernment policy are first discussed and a r r ived at in pa r ty conclaves and are later brought f o r w a r d be­fore the Government in a b luepr in t for the l a t t e r to sign on the dot ted line, as it were. This t r end is noticeable in I n d i a too, b o t h in the Centre and in the States under the Congress rule, as also in the State where the Communis t p a r t y is the r u l i n g par ty . This development, wh ich has been described by I g n a -zio Silone as "Par ty-ocracy" , con­st i tutes a potent th rea t to the legis­la t ive supremacy of Pa r l i amen t en­shrined in the Cons t i tu t ion . The form of government is of course pa r l i amenta ry but i t i s doubt fu l i f it is who l ly correct to say t h a t the ma insp r ing of pol i t ica l act ion is pa r l i amenta r i an .

In Eng land , the oldest par l ia­men ta ry democracy, po l i t i ca l orga­nisations exert considerable inf lu­ence on the policies of the govern­ments formed by their par l iament ­a ry wings, Bu t the two p a r t y sys­tem t h a t is i ts basic structure, des­pite the existence of a t h i r d p a r t y as a pol i t ica l force at certain periods, and the s t rong posit ion w h i c h the p a r t y officially in the op­posi t ion occupies vis a vis the gov­ernment p a r t y results in producing a balance between the two , among the mass of the electorate and w i t h ­in Par l i ament itself.

Tampering with Administration Another portent wh ich should be

taken serious note of by Ind i an

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collapse. I t was a sound ins t inc t t h a t Induced Shr i C Rajagopala-char i , when he was Chief Min i s t e r in Madras in 1950, to admonish Congress pa r ty members agains t approaching officials d i rec t ly w i t h requests for favours and thus to protect, to some extent, w o r r i e d off i ­cials f r o m interference in admin is ­t r a t i v e mat te rs t o y Congress M L A s and other in f luent ia l Congressmen,

There is of course no demonstra­ble tes t imony so f a r t h a t our par­l i a m e n t a r y system is c r a c k i n g up under the impact of the stresses t h a t have led to i ts eclipse in some other countries recently. B u t the danger of such c r a c k i n g up i f , in the near future , we do no t bu i ld up the necessary defences a round i t s ci tadel by an a l l - round de termina­t i o n to ensure t h a t the condit ions f o r i ts continued v i t a l i s a t i o n come i n t o existence, cannot be over look­ed. Even Pand i t Neh ru , whose robus t ideal ism and o p t i m i s m re­g a r d i n g the great dest iny o f I n d i a and her capaci ty to steer clear of the rocks on w h i c h the democrat ic sys tem and ideals have been f loun­der ing in o ther countries, i s one of the potent ia l fac tors agains t i n f i l ­t r a t i o n of ant i -democrat ic ideas

among Indians , has in some of his more recent utterances begun to evince m i l d scepticism whether I n d i a can a l tog ther escape the repercus­sions of developments in Pak is tan , B u r m a and other countries.

Pipes for Oil 4 P I P E m a n u f a c t u r i n g p lan t is

proposed to be set up at Rourke la Steel W o r k s . Pipes w i l l be needed to t ranspor t crude o i l and gas f r o m N a h a r k a t i y a to the t w o refineries to be set up, one in A s s a m - ei ther a t K i k r a j h a r or a t Si lghat , as recommended by Ruma­nian experts, the other at Ba raun i in Bihar , 800 miles away f r o m the wells . I t is es t imated t ha t over a hundred m i l l i o n cubic feet of gas per day could be produced in Naha r ­k a t i y a oilfields.

The pipe p lan t is expected to go in to product ion by the middle of 1961. The capaci ty of, and types of pipes to be manufac tured at the p lant have yet to be determined. Broad ly , there are four variet ies of pipes; the f i rs t to pump o i l f r o m wells and the other three for t rans­po r t a t i on of crude o i l , petroleum products a n d gas.

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pol i t ical parties is the predilection, which unfo r tuna te ly is widely pre-

alent in Ind i a , of pol i t ic ians to for -a l l the i r l eg i t imate role a n d to

exercise the i r influence to debauch the a d m i n i s t r a t o r by seeking f av -ours personally or for the i r fr iends

and re la t ions and to influence ad­m i n i s t r a t i v e decisions by organ is ing themse lves i n t o "lobbies" in support in cer ta in causes or organisat ions a w h i c h they are interested. W h i l e Min i s t e r s are n a t u r a l l y w i l l i n g t o obllge' these powerful groups w i t h -lb the par ty , there is the danger m a t the c i v i l servant, who has to m a k e an admin i s t r a t i ve decision later w e i g h i n g a l l aspects of a m a t -fer , m a y f ind h imse l f in a diff icul t pos i t ion , when he comes to k n o w mat the Min i s t e r is interested in the'decision'. We have here the

pots of admin i s t r a t i ve cor rup t ion , | m d wha t is a s y m p t o m in the be-g i n i n g m a y become a chronic psease. Here are also the roots of d i s rupt ion of the foundat ions o f Par l iamentary democracy a n d con­d i t ions favourable for the emergence I f a n I n d i a n A y u b K h a n . The b r ings of a d m i n i s t r a t i o n mus t be n p t undefiled i f the system i s not H get i n to disrepute a n d f ina l ly

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collapse. It was a sound instinct tha t induced Shri C Rajagopala-chari , when he was Chief Minister in Madras in 1950, to admonish Congress par ty members against approaching officials directly w i t h requests for favours and thus to protect, to some extent, wor r ied offi­cials f r o m interference in adminis­t ra t ive matters by Congress M L A s and other influential Congressmen.

There is of. course no demonstra­ble testimony so far tha t our par­l iamentary system is c racking up under the impact of the stresses tha t have led to i ts eclipse in some other countries recently. Bu t the danger of such cracking up i f , in the near future, we do not bui ld up the necessary defences around its citadel by an al l-round determina­t ion to ensure tha t the conditions for its continued vi ta l isa t ion come in to existence, cannot be overlook­ed. Even Pandit Nehru, whose robust idealism and opt imism re­garding the great destiny of Ind ia and her capacity to steer clear of the rocks on which the democratic system and ideals have been floun­dering in other countries, is one of the potential factors against i n f i l ­t r a t ion of anti-democratic ideas

among Indians, has in some of his more recent utterances begun to evince m i l d scepticism whether Ind ia can al togther escape the repercus­sions of developments in Pakistan, Burma and other countries.

Pipes for Oil A P I P E manufactur ing plant is

proposed to be set up at Rourkela Steel Works . Pipes w i l l be needed to transport crude oi l and gas f rom Naha rka t i ya to the two refineries to be set up, one in Assam- either at K i k r a j h a r or at Silghat, as recommended by Ruma­nian experts, the other at Barauni in Bihar , 800 miles away from the wells. It is estimated tha t over a hundred mi l l ion cubic feet of gas per day could be produced in Nahar­ka t iya oilfields.

The pipe plant is expected to go in to production by the middle of 1961. The capacity of, and types of pipes to be manufactured at the plant have yet to be determined. Broadly, there are four varieties of pipes; the first to pump oi l f rom wells and the other three for trans­portat ion of crude oil , petroleum products and gas.

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Political parties is the predilection, which unfortunately is widely pre­valent in India , of politicians to for-get their legit imate role and to exercise their influence to debauch be adminis t ra tor by seeking fav­

ours personally or for their friends i relations and to influence ad-

ministrative decisions by organising themselves in to "lobbies" in support certain causes or organisations which they are interested. Whi le listers are na tura l ly w i l l i n g to Ige' these powerful groups w i t h -the party, there is the danger

that the c iv i l servant, who has to make an adminis t ra t ive decision

after weighing a l l aspects of a mat-m a y find himself in a difficult

Ition, when he comes to know that the Minis ter is interested in

'decision'. We have here the spots of adminis t ra t ive corruption,

what is a symptom in the be-l i n g may become a chronic ase. Here are also the roots of op t ion of the foundations of par l iamentary democracy and con-sns favourable for the emergence an Ind ian A y u b Khan . The

ngs of adminis t ra t ion must be t undefiled if the system is not qret Into disrepute and f inal ly