UPSC Mains 2024 GS2 Q3 — Parliamentary Sovereignty
‘‘The gowth of cabinet system has practicallly resulted in the marginalisation of the parliamentary supremacy.’’ Elucidate (Answer in 150 words) 10
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Source Map — where to read
"'Shadow cabinet' is a unique institution of the British cabinet system. It is formed by the opposition party to balance the ruling cabinet and to prepare its members for future ministerial office. There is no such institution in India.…"
"'Shadow cabinet' is a unique institution of the British cabinet system. It is formed by the opposition party to balance the ruling cabinet and to prepare its members for future ministerial office. There is no such institution in India.…"
"4 . Against Separation of Powers In the parliamentary system, the legislature and the executive are together and inseparable. The cabinet acts as the leader of both the legislature as well as the executive. As Bagehot points out, 'the cabinet is a hyphen that joins the buckle that binds the executive and legislative departments together.' Hence, the whole system of government goes against the letter and spirit of the theory of separation of powers). In fact, there is a fusion of powers. 5. Government by Amateurs The parliamentary system is not conducive to administrative efficiency as the mini…"
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How this topic is evolving
The debate has shifted from a simple 'Cabinet vs. Parliament' power struggle to a complex 'Adversarial Constitutionalism' involving the Judiciary and the Speaker's office. Recent friction regarding the use of Article 142 and the activation of high-profile Joint Parliamentary Committees (JPCs) suggests that parliamentary supremacy is now being tested through institutional oversight rather than just executive dominance.
“The emergence of ‘adversarial constitutionalism’ and the frequent use of extraordinary powers under Article 142 have redefined the traditional boundaries between the Executive, Legislature, and Judiciary.” Critically examine the impact of this trend on Parliamentary sovereignty in India. (Answer in 250 words)
Why this framing: Vice-President's remarks on Article 142 and the 2025 appointment of a JPC for specific inquiries.
Question Decoded — examiner's intent
- Directive verbs
- Elucidate
- Scope keywords
- growth of cabinet systempractically resultedmarginalisationparliamentary supremacy
- Implicit sub-parts
- Mechanism through which Cabinet/Executive dominance has superseded the Legislative oversight.
- Factors contributing to this shift such as anti-defection law, delegated legislation, and whip system.
- Counter-arguments or existing institutional safeguards that still uphold Parliamentary relevance.
- Common pitfalls
- Confusing 'Cabinet' with 'Council of Ministers' and failing to distinguish their specific roles in decision-making.
- Focusing only on the theoretical 'Collective Responsibility' without addressing the practical reality of 'Executive Dictatorship'.
- Failing to mention the 'Anti-Defection Law' (10th Schedule) as a primary tool for marginalising individual MP autonomy.
- Neglecting the role of the Prime Minister's Office (PMO) as a catalyst for centralizing power away from the floor of the House.
- Dimensions required
- ConstitutionalProceduralPoliticalInstitutional
- Marks allocation hint
Spend 30 words defining the Cabinet's role in the Westminster model. Devote 80 words to the core of the question: how party discipline, guillotine motions, and delegated legislation erode House control. Use the final 40 words to mention the role of Committees or the Judiciary in checking this dominance to provide a balanced elucidation.
How examiners have framed this topic over the years
From legalistic comparisons of sovereignty to a critical examination of executive dominance and its subsequent reassertion in a post-globalized world.
The examiner’s lens has shifted from structural and comparative assessments of sovereignty toward a functional critique of executive-legislative dynamics. Previously, in 2019 and 2021, questions focused on legal principles like 'Harmonious Construction' and the procedural ability of Parliament to ensure executive accountability. While 2023 maintained a classic comparative focus between British and Indian sovereignty, the 2024 framing specifically tests the internal erosion of parliamentary power by the 'cabinet system.' Subsequently, in 2025, the examiner moved beyond internal governance to explore how sovereignty itself is being redefined globally through the lens of nationalism and the waning of globalization.
PYQs this pattern was synthesized from
Answer Skeleton — fill this in
Introduction
Define the Parliamentary system based on Articles 74 and 75, highlighting the shift from a legislative-centric "Parliamentary Government" to a "Cabinet Government" where the executive dominates the legislative process [Laxmikanth, Ch. 18].
Body
Structural Control over Legislature
- Strict enforcement of the Anti-Defection Law (10th Schedule) and the whip system, reducing individual MPs to "voting machines" [Laxmikanth, Ch. 32].
- Executive control over the parliamentary calendar, including the summoning and prorogation of sessions under Article 85.
Dilution of Legislative Scrutiny
- Increasing use of the 'Guillotine' procedure to pass financial demands for grants without detailed debate [PRS Legislative Research, Session Reviews].
- Frequent bypassing of Departmentally Related Standing Committees (DRSCs) for critical bills to expedite the executive agenda [NCERT Class 11, Ch. 5].
Legislative Bypassing and Delegated Legislation
- Excessive use of Ordinances (Article 123) to enact laws, presenting Parliament with a fait accompli [Laxmikanth, Ch. 17].
- The rise of Delegated Legislation, where the Cabinet frames substantive rules and regulations with minimal parliamentary oversight.
Dominance of the Prime Minister’s Office (PMO)
- Concentration of decision-making power within the PMO and the Cabinet Secretariat, overshadowing collective parliamentary wisdom [Yojana, Governance Special].
- Control over the Question Hour and the refusal to provide data on sensitive policy matters.
Conclusion
While the Cabinet system ensures political stability, it must not come at the cost of Legislative Accountability. Strengthening the role of the Opposition and making committee referrals mandatory are vital to restore the primus inter pares status of Parliament in a democracy.
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