5.8. HOW DOES THE PARLIAMENT REGULATE ITSELF?

Parliament, as mentioned earlier, is a debating forum. It is through debates that the parliament performs all its vital functions. Such discussions must be meaningful and orderly so that the functions of the Parliament are carried out smoothly and its dignity is intact.

Parliament acts as a space where elected representatives discuss and debate various issues. These debates are essential as they help in decision-making and in keeping the Parliament's work respectful and efficient. If the discussions are not orderly, it can lead to chaos, which may hinder the Parliament's ability to function properly.

Think of the Parliament like a school debate club. If students are arguing without rules or respect for each other, the club won't effectively reach decisions. But when they follow guidelines for debate, everyone gets a chance to speak, and they can reach a consensus on important topics. Similarly, orderly debate in Parliament allows representatives to express their views, leading to better governance.

The Constitution itself has made certain provisions to ensure smooth conduct of business. The presiding officer of the legislature is the final authority in matters of regulating the business of the legislature.

The Constitution provides rules and frameworks to ensure the Parliament operates smoothly. The presiding officer, who is typically the Speaker in the Lok Sabha or the Chairman in the Rajya Sabha, has the authority to maintain order and ensure that discussions happen according to these rules. This authority helps prevent disruptions and ensures that everyone follows the agreed-upon procedures.

Imagine a teacher in a classroom who enforces rules during class discussions. When students know that the teacher will step in if things get out of hand, they are more likely to stay respectful and focused on the topic at hand. Similarly, the presiding officer of the Parliament ensures that discussions stay productive and respectful.

There is one more way in which the presiding officers control the behaviour of the members. You may have heard about the anti-defection law. Most of the members of the legislatures are elected on the ticket of some political party. What would happen if they decide to leave the party after getting elected?

The anti-defection law was established to prevent elected representatives from changing parties after being elected, as this could undermine the electoral mandate and political stability. If a representative switches parties, they can lose their seat. This law helps maintain party loyalty and ensures that elected officials are accountable to the voters who elected them.

Consider a sports team where players are required to stick with their team for the season. If a player leaves to join a rival team in the middle of the season, not only does it upset the team's strategy, but it also disappoints the fans who supported them. The anti-defection law works similarly, making sure politicians remain accountable to their original party and their constituents.

If it is proved that a member has ‘defected’, then such member loses the membership of the House. Besides, such a person is also disqualified from holding any political office like ministership, etc.

When a member is found to have defected, they face serious consequences, such as losing their seat in the Parliament and becoming ineligible for future political positions. This serves as a deterrent against defection, ensuring that representatives remain committed to their party and electorate.

Think of a club where members agree to follow certain rules. If a member decides to break away and join another club mid-way, they might not only be kicked out of the original club but also barred from joining any new club for a period. This ensures that everyone follows the rules and commitments they made at the outset.

Experience of the past twenty years shows that the anti-defection amendment has not been able to curb defections, but it has given additional powers to the party leadership and the presiding officers of the legislatures over the members.

Over the years, despite the introduction of the anti-defection law, instances of defection have still occurred. However, this law has granted greater control to party leaders and legislative presiding officers, allowing them to maintain party discipline and manage party members more effectively. It also raises questions about individual member autonomy versus party loyalty.

Think of a school group project where the group leader has the authority to keep members in check. Even if some members might want to work differently, the leader can enforce unity and discipline. However, this control can sometimes frustrate creative input if it becomes too strict. Similarly, party leaders and presiding officers have to balance maintaining discipline with allowing individual expression within the legislature.

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