How Reforms Should Look Like

So we have a new parliament of India which will be new, modern and state of the art by the time India completes 75 years of Independence. Its late but it’s time to build a new Parliament which can resist natural disaster and new-age terror threats including hacking of not just computers but power grids. Parliament is a place / temple to debate issues which are of national concern also it’s a place to create and amend laws (even amend constitution). Obviously, Parliament is divided into two chambers Lok Sabha and Rajya Sabha, Lok Sabha where has the full autonomy of passing economic and finance bills. Currently the ruling party has a single majority in Lok Sabha and the alliance has the majority in Rajya Sabha. Things were not same before and it might not be the same in future too.

        There are various problems in current functioning of the Parliament, the chaos will remain how much ever its been restricted as we live in a country called India which is diverse and full of opinions. The roles might be defined by the rule book but it needs to be more proactive towards the nation for the benefit of the countrymen.

In December 2022, I read the book by Shri Gautam Desiraju called Bharat 2.0 and it was quite influential. Some of the reforms I stated below after analysing felt that they are very minimal or lack a bigger picture. The Bigger picture of Bharat as a civilization and where we are destined to reach in the ext 50 years. Basically, where I suggested modifying the Westiminster System he suggests a new continuation more like a presidential with just one Lok Sabha and no Rajya Sabha. Where I suggest 50 states, he suggests 75 states and after the book, his suggestion is simpler than mine. His list of Center, State and, Concurrent list is much more sophisticated and futuristic which also includes interplanetary travels.

Problems with Westminster System and what can rectify it

With a majority government and the ability to issue a party whip, the prime minister and his or her cabinet can be described as constitutional oligarchs in a Westminster model of parliamentary democracy. In a coalition government when no party has full majority a smaller party or a leader of a very few MPs enjoys a veto on nearly everything that the government wishes to do because of the compulsion politics.

A point to consider is a presidential system which might have multiple benefits. The head of the national or state government can appoint people as ministers, who will not need to dip into the till for fighting elections. Such a system will help governance hugely. A similar thing happens even in India whenever there is presidential rule in the states and the governor appoints competent people as advisers with ministerial responsibilities, though usually for a short term.

The system will also promote national integration, critical for India which now faces demands for more federalism. The elected person will have to think and act for all the people and not just their own constituencies or states. Indeed, the person will have to heed her own party, but that will not influence the decisions so acutely. Elections to states and the parliament will continue to provide checks on the CEOs. It will also help legislatures to last the full term. If not a national level but we can start with States and definitely start electing our own Mayors and our Village Sarpanchs. The term of Lok Sabha and Rajya Sabha should be reduced to 4 years respectively. Rajya Sabha members cannot be re-elected more than 2 times in their life time. 

Role of the Prime Minister

Prime Minister should have once a week one hour Q&A session with the members of the Parliament. Questions will be chosen by the Speaker / Chairman and be given to the PMO a day before. Prime Minister can prepare the answers in advance. A follow up question should be allowed to the member whose answer has been chosen. The time of Question should not be more than a minute and the answer should be less than 2 minutes. This disciple should be followed.

Role of the Opposition

The Leader of the Opposition and the members of the opposition should mark their performances through their speeches and their questions they have. It’s the single best opportunity to loud their concern on any issues of national importance.

Parliamentary Committees

All the parliamentary committees on bills should be streamed live. These committees should and will be taken seriously as the public will watch the decision the elected representative take and the stands the committee members on certain issues. Need not be what the conclusion what is important as it reflects the majority of the house of that day, but what matters is the professionalism and the in-dept research a representative give bringing the best for the country. A committee may close a hearing by a majority roll call vote in open session if it

• involves national security information;
• concerns committee personnel, management, or procedures;
• invades the personal privacy of an individual, damages an individual’s reputation or professional standing, or charges an individual with a crime or misconduct;
• reveals identities or damages operations relating to law enforcement activities;
• discloses certain kinds of confidential financial or commercial information; or
• divulges information that other laws or regulations require to be kept confidential.

Women’s Representation Bill

35% women representation and SCST reservations should also include in the reservation bill. Women’s wining from a general seat should be recognized. Women representation should reflect in state assemblies as well as city councils. Reservations for any sex, caste, religion should not be more than 50 years and should not be allowed to extend the period. 

Private Member’s Bill

This particular segment should be taken seriously not just by the speaker or the chairman but also the Leader of the House and Leader of the Opposition in both houses. Ideas needed to be shared and discussed, the government of the day will surely not allow any such bill to be passed but a valid reason / discussion should be taken place by the minister concern to reject the bill.

Q&A Sessions

This should be encouraged though if the answers are in figures it should just be laid on the table.

Existing & New Laws

We need to build a physical and digital library open for public with all existing central and state laws along with their rules and regulations. Need to relook at repealing more redundant laws and also removing restrictive clauses in existing laws. Laws are not been sent to Parliamentary committee for fine tuning and therefore many times amendments are brought in by the same government who had passed the same bills earlier. These new laws should be drafted in simple, plain language.

Duration of the Sessions

The duration and scheduling of parliamentary sessions play a crucial role in effective governance and representation.

• Session Durations:
  • The Monsoon, Winter, and Budget sessions are essential for legislative business. Extending their duration to more than 30 working days, with the Budget session having 40 working days, would allow for more comprehensive discussions and deliberations.
  • Ensuring that sessions are not wasted or cut short is crucial. Implementing this as a law would emphasize the importance of parliamentary work.
• Diwali Session:
  • Introducing a Diwali session is an interesting proposal. This short session could focus on global issues concerning Indians and India. It would serve as a platform for targeted discussions.
• Annual Meeting Days:
  • It is suggested that the Parliament should meet over 110 days a year aligns with the need for consistent legislative activity.
  • Allocating 20 days to opposition parties allows them to set the agenda for discussion. The main opposition party gets 17 days, while the remaining three days go to the second-largest alliance in opposition.
  • Decisions made during opposition days are not binding on the government but provide an opportunity for opposing parties to highlight crucial issues.
• Balancing Representation and Efficiency:
  • Striking a balance between representation and efficient functioning is essential. Ensuring that all voices are heard while maintaining productivity is a delicate task.

In summary, these proposals aim to enhance parliamentary effectiveness, encourage focused discussions, and promote transparency.

Delimitation and Parliament of 1,000 MPs

Article 82 of the Indian Constitution mandates that after every census, a delimitation exercise should be carried out to redraw the boundaries of assembly and Lok Sabha constituencies. This process involves fixing the number of seats and determining the territorial constituencies for the Lok Sabha and State Legislative Assemblies. Additionally, it includes allocating seats for Scheduled Castes (SC) and Scheduled Tribes (ST) in these houses. The Delimitation Commission, established under an act of Parliament, performs this crucial task. Here are some key points about the delimitation process:

• Historical Context:
  • Delimitation exercises were conducted after the 1951, 1961, and 1971 Censuses.
  • The number of seats in the Lok Sabha was determined based on the population during these censuses: 494, 522, and 543 seats, respectively.
  • However, since the 1971 Census, the number of seats has been frozen to encourage population control measures. This freeze was implemented through the 42nd Amendment Act until the year 2000 and extended by the 84th Amendment Act until 2026.
  • Consequently, the population used for allocating seats still refers to the population as per the 1971 Census.
  • The boundaries of territorial constituencies were readjusted (without changing the number of seats) based on the 2001 Census data, and this process will be repeated after the 2026 Census.
• Current Situation:
  • The 2021 Census was initially postponed due to the COVID-19 pandemic and subsequent delays by the Central government.
  • The delimitation exercise is now scheduled to be based on the first Census after 2026.
  • In a normal course of events, this would have been the 2031 Census, but with the postponement of the 2021 Census, the impending delimitation exercise has become a topic of discussion.
• Debates and Considerations:
  • Some concerns include whether the fresh delimitation exercise might go against the federal principle and provide an advantage to certain states over others.
  • The debate also touches on the population growth dynamics between North India and Southern Indian states.
  • Encouraging cross-state migration and maintaining a continuous process of delimitation could address feelings of discrimination and ensure better representation.
• Balancing Representation and Population Control:
  • While increasing the number of seats may ease the funds allotted to each Member of Parliament (MP), it’s essential to strike a balance.
  • Incentivizing lesser-populated states with monetary funds should be approached carefully to avoid creating complacency or “lazy” districts and states.
• Timing of Delimitation:
  • As rightly pointed out that waiting until 2029 or 2034 for the next delimitation exercise might be too late. Given the urgency, increasing the number of parliamentary seats to 848 using the 2026 population consensus could be a proactive step.
  • Ensuring that no state receives fewer seats than according to the 1971 census is essential to maintain fairness and historical context.
• Population Growth and Representation:
  • Encouraging states with aging populations to incentivize and encourage more births is crucial. Replacing the population (aiming for 2.1 babies per couple) ensures the survival of local languages, cultures, and traditions.
  • Balancing population control efforts with representation is a delicate task. The proposed increase in seats can help achieve this balance.
• Recognition of Southern States:
  • Southern states’ success in controlling population growth should indeed be recognized and rewarded. Rather than penalizing them, we should appreciate their efforts.
  • A formal commitment to reallocate resources after 2031 without delays is vital. This stability would benefit southern states in terms of funding and representation.
  • Besides this, to ensure that bigger states like Uttar Pradesh do not play a major role in government formation, its recommended that none of the states are allocated more than 5% of the total Lok Sabha seats. This will not only encourage division of states, which gets more importance, like UP, Bihar, Maharashtra, and Tamil Nadu. These 4 states mentioned should be prioritized in the next State Reorganization.
• Regular Exercises and State Heritage:
  • Committing to regular exercises to adjust the number of parliamentary seats based on occupancy ensures adaptability.
  • Diminishing populations endanger local languages, customs, and traditions. These aspects should be promoted as the state’s heritage.
• Delimitation of Assembly Constituencies:
  • Alongside Lok Sabha constituencies, delimiting assembly constituencies based on population is equally important.
  • Creating new districts for better management and considering larger Vidhan Sabhas are steps in the right direction.
  • The proposal to remove upper houses in all states warrants further discussion. It would significantly impact the legislative structure and dynamics.
  • Some states would need bigger Vidhan Sabhas after the delimitation exercise. This should be planned.

A Rajya Sabha Rebalance

The issue raised most of the time is about the diminishing value of the Rajya Sabha. Rajya Saba is itself state representation however the way Rajya Sabha behaves last few decades it’s very difficult to actually bring out the best of the ideas and experience from the members of this august house. Unless Rajya Sabha starts working as pro-India and do not work on anti-government agenda there is no other option but to take decisions to state government rather than the Rajya Sabha.

Below proposal outlined emphasizes the importance of equitable representation and the co-equal partnership between the Centre and the States. Let’s delve into the proposed changes for the Rajya Sabha which will have 552 seats in the new parliament:

1. Equal Representation for States:
   1. Allocating the same number of seats to each state, regardless of population, ensures that every state has an equal voice.
   1. This approach recognizes the significance of smaller states and promotes regional balance.
   1. A 552 seat Rajya Sabha will give 17 MPs with the current configurations of States and UTs, but with 50 states, each state would get 11 MPs, and with 75 states each would get 7 MPs.
   1. Finance Bills should be made compulsory to be passed in the Rajya Sabha as well.
2. Domicile-Based Nomination:
   1. Amending the Representation of People’s Act to nominate only domicile persons of excellence ensures that Rajya Sabha members have a strong connection to their respective states.
   1. Proof of residence, as required for college admissions or government jobs, would apply to Rajya Sabha nominations.
3. Benefits of Equal Seats:
   1. Smaller States’ Representation: Equal seats empower smaller states, allowing them to actively participate in lawmaking.
   1. Regional Balance: Larger states recognize the importance of smaller states in decision-making.
   1. Avoiding Population Bias: Equal representation prevents overrepresentation of populous states.
4. Direct Allotment Based on MLAs:
   1. Allocating seats based on the number of MLAs elected in assembly elections ensures a democratic process.
   1. The President’s appointment is bypassed, enhancing transparency.
5. Challenges and Considerations:
   1. Population Disparity: Larger states may raise concerns about their population not being adequately represented.
   1. Efficiency vs. Equity: Balancing efficiency (population-based representation) with equity (equal representation) is essential.
   1. Constitutional Amendments: Implementing these changes would require constitutional amendments.
   1. Deadlines for Bills: Set deadlines for responding to bills initiated in the Lok Sabha.
6. Conclusion:
   1. This aims to strengthen the federal character of India’s political system.
   1. Balancing the interests of all states while maintaining efficient governance is crucial.
   1. It will also encourage large states to reorganise themselves into smaller states like Uttar Pradesh to 7-8 states, Maharashtra to 5-6 states, West Bengal to 3-4 states etc.

To adjust the allocation based on your request, we will consider Jammu and Kashmir and Delhi as full states for the purpose of this analysis, and reduce the number of seats for other Union Territories to 2 or 3. Let’s allocate 2 seats to each of the other Union Territories for simplicity.

Adjusted Allocation Strategy

1. Full States (including Jammu and Kashmir and Delhi): 30 entities
   • Each full state gets 17 seats.
2. Union Territories (excluding Jammu and Kashmir and Delhi): 6 entities
   • Each gets 2 seats.
3. President’s Nominees: 12 seats

Calculation

• Full States: 30×17=51030 \times 17 = 51030×17=510 seats
• Union Territories: 6×2=126 \times 2 = 126×2=12 seats
• President’s Nominees: 12 seats

Total allocated seats: 510+12+12=534510 + 12 + 12 = 534510+12+12=534 seats

However, this exceeds the assumed total of 552 seats. To fit within the 552-seat limit, we need to adjust the allocation slightly.

Adjusted Calculation

Let’s reduce the number of seats per full state slightly to accommodate all entities within the 552-seat limit:

• Full States: Assume each gets 16 seats instead of 17.
  • 30×16=48030 \times 16 = 48030×16=480 seats
• Union Territories: Each gets 2 seats.
  • 6×2=126 \times 2 = 126×2=12 seats
• President’s Nominees: 12 seats

Total allocated seats: 480+12+12=504480 + 12 + 12 = 504480+12+12=504 seats

This leaves 552−504=48552 – 504 = 48552−504=48 seats unallocated. To distribute these evenly among the full states:

• Add 1.6 seats to each full state on average, but since we cannot have fractions of seats, we could add 1 seat to each of the 30 full states to use up 30 seats, leaving 18 seats unused.

However, to keep the allocation simple and not exceed the total seats, let’s stick with the initial adjustment and not add more seats to the full states.

Final Allocation

• Full States (including Jammu and Kashmir and Delhi): 16 seats each
• Union Territories (excluding Jammu and Kashmir and Delhi): 2 seats each
• President’s Nominees: 12 seats

Table Format

Category	Number of Entities	Seats per Entity	Total Seats
Full States	30	16	480
Union Territories	6	2	12
President’s Nominees	–	–	12

Total Seats in the Rajya Sabha: 504

This allocation strategy respects the conditions you’ve outlined while maintaining a balanced distribution of seats. However, it leaves some seats unused compared to the original 552-seat assumption. For a more precise fit, further adjustments could be considered, but this approach provides a clear and simplified allocation based on your requirements.

Detailed Breakdown by Entity

1. Full States:
   • Each of the 30 full states (including Jammu and Kashmir and Delhi) gets 16 seats.
2. Union Territories:
   • Each of the 6 Union Territories (excluding Jammu and Kashmir and Delhi) gets 2 seats.
3. President’s Nominees:
   • The President nominates 12 members.

Example of Allocation for Specific Entities

• Full States: Andhra Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand, West Bengal, Jammu and Kashmir, Delhi. Each gets 16 seats.
• Union Territories: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Ladakh, Lakshadweep, Puducherry. Each gets 2 seats.

This allocation ensures that Jammu and Kashmir and Delhi are treated as full states, while other Union Territories have reduced representation.

Revenue Distribution Amendments with Cap on Non-Capital Expenditure

41% of the Central Government’s revenue, 35% of national revenue, is allocated to local bodies such as Municipal Corporations, Gram Panchayats, and the remaining 24% is retained by the states. Sticking to India’s true federal structure, the Finance Commission’s role should be mandated under Article 280 of the Constitution. In the same bill, we must also note that Non-Capital Expenditure should not exceed 50% of the total budget, including any money borrowed directly or indirectly. This will be applicable for all the Center, State, and Local Bodies.