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Derek O'Brien writes: Cagey in the House

Derek O'Brien writes: Cagey in the House

Indian Express06-06-2025

This week, leaders from 17 political parties wrote to the Prime Minister urging him to call a special session of Parliament in June. Within hours of doing so, a skittish government hurriedly announced the dates for a regular monsoon session starting July 21, seemingly turning down the demand for a special session. Normally, the lead time to announce a Parliament session (the number of days between announcement and commencement) has been around 20 days or less. The upcoming monsoon session has been announced 47 days in advance!
At the time of going to press, another 250 MPs from the Opposition are endorsing the letter already dispatched by their party leaders to the Prime Minister. The demand for a special session was first raised by Kapil Sibal, eminent jurist and Independent MP, three days after the tragedy in Pahalgam. Opposition parties took the cue from there.
Convening Parliament sessions: Let us start with the rulebook. Article 85 (1) of the Constitution stipulates, 'The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit…'
The letter signed by the Opposition parties has been addressed to the Prime Minister. Yes, calling a special session is a decision the Union government takes. In practice, when MPs ask for a special session, the Ministry of Parliamentary Affairs, after assessing the situation, (and accepting the need for a session) prepares a note, proposing the dates and duration. This is placed before the Cabinet Committee on Parliamentary Affairs. If the proposal is approved by the Prime Minister, the ministry then forwards it to the President, who formally approves and announces the session dates. It is another story if the government has what could be called, 'Parliament-ophobia' (noun) — the acute condition that is a morbid fear of facing Parliament.
Precedents for special sessions: Even though there is no mention of a special session in the rulebook, there are numerous precedents. In 1972, a sitting was convened to celebrate 25 years of Independence. In 1992, Parliament held a midnight session to mark 50 years of the Quit India Movement. In 1997, a special session was called to commemorate 50 years of the Republic.
Since 2014, three special sessions have been convened. One, in 2015, a two-day session, to commemorate the adoption of the Constitution in 1949. Two, in 2017, a midnight session, to introduce the Goods and Services Tax. In 2023, a five-day session, to mark the inauguration of the new Parliament building. The Women's Reservation Bill was also passed in the same session.
These sessions to mark celebratory milestones are welcome. But the great halls of Parliament have to go beyond symbolism and anniversaries.
There have been the odd occasions where governments have shown no urgency to break the routine. In 2006, over 180 people were killed in the Mumbai train bombings. Parliament waited for its next scheduled session before responding. After the 2008 Mumbai attacks, Parliament reconvened only when the pre-scheduled session resumed.
Parliament must urgently deliberate and discuss the events that unfolded in Pahalgam, Poonch, Uri, Rajouri, and their aftermath. Here is the most convincing precedent. During the 1962 Sino-Indian War, the Leader of the Opposition, Atal Bihari Vajpayee, then a first-time Rajya Sabha MP, demanded a special session. Prime Minister Jawaharlal Nehru agreed to this request, and the session was held when the active conflict was still on: 165 members participated in the debate — an open discussion on the war and government policy.
In the past 15 years, many parliamentary precedents have been ignored. Just three examples: One, the position of the Deputy Speaker in Lok Sabha has lain vacant since 2019. Two, from seven out of 10 bills being sent for scrutiny to committees, now only about two out of 10 bills go. Three, Opposition MPs were denied their right to electronic voting during the passage of crucial bills like the farm laws.
This Union government's tendency to cock a snook at the legislature has a history. Look at the track record of the legislative assembly of Gujarat from 2001 to 2012. The state assembly, under the then Chief Minister, sat for fewer times than it did under any previous CM of Gujarat. In this period, the average number of sittings of the Gujarat Assembly was less than 30 a year. Beat that!
Are we surprised that this government has all but ducked out from calling a special session? I am not surprised. But I am reminded of my civics teacher in middle school. It was he who first told me: 'The government is answerable to Parliament. Parliament is answerable to the people.' So when Parliament is sidelined, who is the government answerable to?
The writer is MP and leader, All India Trinamool Congress Parliamentary Party. Additional research: Chahat Mangtani, Ayashman Dey

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