“The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.

The cabinet system is a government in which the real executive power rests with a cabinet of ministers who are collectively responsible to the legislature(Article 75). Parliamentary sovereignty refers to the supremacy of the Parliament in the legislative process.

## Marginalization Of Parliamentary Supremacy Due To Cabinet System

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• No proper separation of power –results in abuse of power that leads to arbitrariness.


• Decline of Parliamentary Committees –The percentage of Bills having been referred to the DRSCs is reduced from 60% during 14th LS to 71% and 27%.


• - Lesser time spent on scrutiny- Eg-about 69 percent of the Bills introduced in Parliament were passed in the same session during the 17th Lok Sabha.


• Delegated Legislation: In V.K.Kunjlengam Case, supreme court notedIncreasing reliance on delegated legislation means Parliament,reducing its supremacy in law-making.


• Party Discipline:Parliamentary members are often expected to follow party lines, limiting independent legislative debate.Eg- use of Whip


• Frequent ordinances,now11 per yearas compared to 6 per year prior to 2010, bypasses parliament’s role of law making and accountability over executive.InD.C. Wadhwa vs. State of Bihar, the Supreme Courtcriticized the repetitive use of ordinances.


• Government Control over Parliamentary Agenda:The legislative agenda is predominantly set by the cabinet with minimal input from minority parties or independent membersrestricting diverse viewpoints from being represented in legislative processes.

## Role of parliament remains significant

• Ultimate Legislative Authority:All major laws and budgets require approval from Parliament after due deliberation.


• Private Member’s Bills and Debates:Eg-Transgender Persons (Protection of Rights) Bill


• Role of Committees: Eg-Public Accounts Committee (PAC), chaired by the opposition, scrutinized the 2G spectrum case


• Opposition’s Role in Parliament:Intense debates on policies such as GST illustrate how opposition parties can mobilize public sentiment and challenge government actions effectively.


• Judicial Oversight: Eg- SCstriking down of Section 66A of the IT Actin 2015(Shreya Singhal case)

Strengthening parliamentary processes is vital for avibrant Indian democracy. Thus restoring thebalance of powerbetween the executive and legislature is essential for effective governance.

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