Que) Discuss the causes of the decline in the powers of Legislature in the present era.
Ans) Decline of Legislature in present time
Introduction-
If today the functions and powers of the legislature are critically examined, then the state of decline in them is visible. James Bryce first drew attention to this and talked about the decline of legislature in his book Modern Democracies, but he failed to get to the bottom of the problem. After that, KC Wheer again started the discussion about the decline of legislature in his book ‘Legislature. He added a chapter on The Decline of Legislatures’ in this book. He attributed the decline of the legislature to the increase in the powers of the executive. Ramsey Muir also points to the strong position of the executive as a result. La Palombara considered the reason for the decline of the legislature to be its representativeness and the increase in the power of the executive. Robert C. Bone has attributed this to the change in the relationship between the executive and the legislature.
(1) Tremendous growth in the executive function:-
What is being discussed today about the decline of legislatures is that the era of parliaments is over, bureaucracy is winning and the dictatorship of the executive or cabinet has been established. Wheer has raised many questions on this discussion in his book Legislature. He has written, has the power of the legislatures decreased, has their efficiency not increased? Has the public’s interest and respect for them decreased? Has there been a decline in the behavior of MLAs or the etiquette of legislatures, Has this decline happened in comparison to other social and political institutions or in comparison to the executive? Wheer says that if the decline of the legislature is considered keeping these things in mind, then no universally acceptable solution can be found. The decline of the legislature can be understood only in the context of the increase in the powers of the executive. Today the executives have started doing such work which was not done earlier. Similarly, legislatures have also started working more than before. But they are far behind in comparison to the executive.
There can be many reasons for legislatures to lag behind or go towards decline:-
(1) Tremendous growth in the executive function:-
The reason for the decline of the executive can be found first of all in the increase in the powers of the executive. Wheer has said that due to the economic crises in the world due to the two world wars, the adoption of socialist or welfare policies by the states and the constant international tension, the government started increasing its executive powers considering the circumstances. Now the executive started doing such work which no one had done before. Due to this, the scope of executive has become more than before. Although the work of the legislature has also increased, but not as much as that of the executive. In comparison to the executive, the powers of the legislature have only declined, not developed.
(2) Development of delegated legislation:
By arranging for delegated legislation, the legislature itself has diminished its powers. The laws which used to be made by the legislature are today made by the executive. Those laws are also as valid as legislative laws. Therefore, due to the delegation of power by the legislature towards the executive, the powers of the legislature have diminished due to some of the power of the legislature going to the executive.
(3) Role of means of Communication:
In the modern era, systems like radio, TV, internet have developed platforms for debate even outside the Parliament. Now with the help of these tools the executive Can express his views to the public and can also listen to the public. This has increased the importance of public relations. Today communication media is considered important in forming public opinion. Today, means of communication are playing an important role in shaping public opinion in favor or against the government. This has reduced the utility of Parliament. The fear that the public had towards Parliament has now ended. Now people prefer to listen to the executive on TV or radio instead of debates in Parliament. Therefore it is natural for the legislature to decline.
(4) Development of pressure groups and interest groups: –
In modern times, many non-governmental organizations have emerged to convey the demands of the public to the government. Today, pressure groups and interest groups approach the executive directly instead of the legislature with public complaints, Since the executive has a direct role in this decision process, it is natural for the reputation of the legislature to take a hit. There should be no exaggeration when we talk about the decline in the powers of the legislature.
(5) Development of Consultative and Advisory Committees:-
Today, committees exist in every department in the form of experts and advisors. These committees play an important role from the drafting of the bill till it becomes law. The legislature itself is dependent on these committees. If by mistake any MLA tries to seek any information about the bill, he is frustrated by referring to the committees. In such a situation, the legislature has to give its approval on such proposals and bills Many times the legislature is deprived of debating on general issues in the name of national interest. Therefore the executive Further, the legislature remains dwarf.
(6) Supremacy of Executive in Foreign Relations:
Today, all efforts are made by the executive to promote international relations. Today the executive plays an important role in the conduct of foreign relations. The legislature has to approve the agreements and treaties made by the executive. Therefore, the legislature remains weak even in matters of foreign relations.
(7) War and Emergency Situations:
In times of war and crisis, the executive is the main decision- making body. In democratic countries, the decisions taken by the Executive President in such circumstances have to be approved by the Legislature. It is necessary to take emergency decisions during war and crisis. In such a situation, there is no time for discussion by calling a meeting of Parliament. Therefore, as the head of the state, being the executive of the armed forces, the survey is supreme. Today, in the nuclear age, it has become necessary for heads of state to maintain contact with each other on hot lines. Although the legislature has the right to take the final decision regarding war, but considering the circumstances, this decision is taken by the executive only. During the India- Pakistan war in 1965 and 1971, the executive itself took the decision. In 1971, the war was also conducted by Mrs. Indira Gandhi herself. Even during the Vietnam War, the US President disregarded Congress many times. Therefore, in war and crisis situations, the executive dominates the legislature. It is natural that this would lead to talk of decline in the powers of the legislature.
(8) The rise of Welfare States:
Today’s era is the era of welfare states. Today The functions of the government are not limited to solving social and economic problems, but also to create all kinds of facilities or conditions for development to the citizens. In this, the field of executive has developed and the powers of the legislature have declined.
(9) Growth of disciplined political parties:
Allen Ball’s statement is correct that today due to the growth of disciplined political parties and increase in the powers of the executive, the legislature has declined. In parliamentary and presidential systems of governance, the executive not only exercises all the powers of the legislature with the support of the party, but also remains free from its control When one party is in majority, the legislatures become puppets of the executives. Shapiro had said for the Supreme Soviet in the Russian world that the legislature is the rubber stamp of the Russian political system.
(10) Judicial Review:-
This power of the judiciary has controlled the legislature in the form of the power to determine the constitutional validity of the laws of the legislature. In India and America, the Supreme Court, in the form of the federal judiciary, has the right to declare such decisions of the legislature illegal under judicial review. During the economic depression in 1933, the Supreme Court in America used this power to cancel many essential laws. In 1969, the Supreme Court in India had declared the nationalization of banks illegal. This makes it clear that the power of judicial review also limits the powers of the legislature.
(11) Other Reasons:
Apart from the above reasons, there are some other reasons which reduce the power of the legislature, such as the members of the legislature being ignorant or novices become weak in front of the members of the executive. The legislature also lacks resources as compared to the executive. Due to the larger size of the legislature compared to the executive, lack of mutual unity also arises among its members. Apart from this, legislative sessions are called rarely in India, whereas the executive always remains active. Recent amendments to the anti-defection law have reduced the effectiveness of the legislature. Therefore, due to these reasons also the power of the legislature has diminished and for this the legislature itself is largely responsible.
Conclusion –
The conclusion drawn from the above discussion is that the legislature is declining. But this should never be understood to mean that the legislature has died. Today the legislature has started listening to public complaints more and more. Today public interest is being discussed so much in the legislatures that the importance of the executive seems to be decreasing. Today, due to increasing political consciousness, the executive remains afraid of being asked questions by the legislature. Today the public has started taking interest in listening to the proceedings of the legislatures on TV and radio. Due to the development of international organizations, it has become necessary today for the legislature to monitor the functioning of the government. Today, the legislature deliberates extensively on policy making through its committees on issues of public importance. It has become a popular function of the legislature today to conduct extensive scrutiny of a bill before it becomes law. Therefore, it is foolish to talk about the end or decline of legislature. RB Jain has said-‘It is certain that the far-reaching trend is not in the direction of death or decline of legislatures, as earlier writers have believed. Today’s era is the era of union of legislature and executive. In this, the legislature is more important than the executive. It is baseless to talk about the decline of the legislature. It may be correct to talk about the decline of the legislature in the last century, but not today.