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INTRODUCTION
Lawmaking is heavily a decision making job fill with a lot of controversies that considered a very important job in the Parliamentary system. The Indian legislative branch consists of President, the Rajya Sabha (council of states), and the Lok Sabha (house of people). India have also bicameral legislation bills that were passed through two houses. Once the draft is cleared in the Cabinet meeting, the next step is to give an introduction to the legislative body. After a bill has been passed by both the houses it is sent then needs to be sent to the President for approval, then it only becomes an Act. Also, laws are made through the three-tier system that consists of Union government, State government, and local self-government. The Constitution of India also adopts the three-fold distribution of the subject's legislative power by placing them in any one of three Lists, namely, I (Union List), II (State List), and III (Concurrent List) [1]. Thus, legislation and its activities were inseparable parts of our country.
LEGISLATIVE ACTIVITIES DURING EMERGENCY
Emergencies were sometimes inevitable and they occur at all of the sudden circumstances like current Coronavirus (COVID-19) pandemic. This pandemic has led to emergency situations not only in India but to the whole world. Lockdown and its strict rules have imposed in many countries in order to prevent the spreading of a pandemic. Most of our countries have partially or temporarily suspended in legislative activities. The countries like for exp: Israel, Mexico, South Africa, Sweden, Spain, Switzerland, etc. have their own special rules regarding legislatures in times of emergency situations/pandemic like public emergencies, natural disasters, war, contagious diseases, etc. In Spain, legislative activities were carried as much as possible through videoconferencing, telematic voting, etc [2].
Most the countries have special rules in the emergency imposition of pandemic and these rules allow certain reductions for general legislative proceedings. In a situation where all peoples were restricted from movement like travelling, therefore Parliaments of countries around the world have decided to opt for the working of offices with the minimum required a number of members and which were communicating through video conferencing. While bills can’t be passed because of the voting procedure and can’t also take place without proper quorum required a number of members required.
While the Indian Ocean island the Maldives, is one of the world’s smallest countries, which conducting virtual online parliamentary sessions including taking parts in debates, casting votes, committee meetings without being physically present at Parliament. The working of the Parliamentary system is continuing to be very normal due to health emergency declared in the country due to spreading COVID-19 Pandemic. Maldives Parliament is also the first legislative body in the world that goes virtual [3].
Situation in India
In India, as it’s a democratic country, the legislature plays the most important key role in it. During an emergency situation, the system of legislation fails as there were no special rules for operation in Parliament for emergency situations. Generally, the Lok Sabha proceedings are regulated by Rules of Procedure and Conduct of Businesses in Lok Sabha, and Rajya Sabha proceedings are regulated and controlled Rules of Procedure for Conducted of Businesses in Rajya Sabha. Article 118(1) of the Constitution says: “each house of Parliament may make rules and regulations subject to the provisions of the Constitution for regulating its procedure and conduct of business [4].
According to Article 100 of the Constitution said: it’s mandatory that quorum requirement for both the houses of Parliament shall need to be one-tenth of the total number of members of House [5]. However, there were no special arrangements in Parliament to form any special kind of joining in time of emergency. In India, the activities of Legislature have got apparently stopped functioning by lockdown imposed due to Coronavirus Pandemic. The Lok Sabha was adjourned dated March 23, 2020, after the passage of Finance Bill, 2020 without any debate of situation arising out of pandemic [6]. This is probably the first time in the history of India where the pandemic is testing legislative activities of State.
The President of India declared three types of emergencies that includes national, state and financial emergencies under Articles 352, 356 and 360 with addition to promulgating ordinances under Article 123. But central government has not declared emergency during period of this current pandemic COVID-19. The Indian Constitution has no provision for environmental or for public health emergencies. Sufficient rules has been passed by Legislature to tackle such emergency situation thus Legislature comes at the very inactive position due to crisis.
CONCLUSION
The framers of the Indian Constitution had never imagined that one-day organs of our Constitution will stop functioning suddenly due to the spread of a disease. The Indian Constitution is considered to be living document and which had undergone of various major evolution and changes during course of time. Dr BR Ambedkar, the father of Indian Constitution in his closing speech told to the constituent assembly, “Because I feel, however, a good Constitution may be, it is sure to turn out to be bad because those who are called to work it, happen to be a bad lot” [7]. The working of the Constitution not solely depends on a document but its effects depend on those who are implementing it.
So, law-making body needs to look upon this matter because only Legislature can guide Executive for right direction. The stagnant position of Legislature in India during emergency, as mentioned earlier, is a major drawback because the law-making body is only backbone of our country. Special laws should need to be made in such emergency situations. Also, there should be designated members of the sub-group for constitute such emergency of parliament with devolved powers from whole Parliament to addressed such crisis situations.
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