Chapter-IV

ROLE OF PARLIAMENT IN FOREIGN

POLICY DECISION MAKING IN INDIA

CHAPTER CONTENT

 Introduction
 Indian Parliament: History, Structure And Functions
o The Fundamental Framework
o Brief History of Indian Parliament
o Structure of Indian Parliament
o Functions Of the Parliament
 Role Of Parliament In Foreign Policy Making
o Role of Parliamentary as a Legislative body
o Role of Parliament as a Instrument of Influence
o Role of Parliament as an Instrument of Accountability
o Role of Parliament as an as a channel of Diplomacy
o Role of Parliament committee in FPDM
o Role of Parliament as an Institution for the Rectification of Intentional Treaties
 Factors eclipsing Parliamentary Role Foreign Policy Making (
 Conclusion
 ROLE OF PARLIAMENT IN FOREIGN POLICY DECISION MAKING IN INDIA

Foreign Policy Decision Making is a complex process which involves multiple actors,
agencies and institutions. Though the Ministry of External Affairs plays a pivotal role in
shaping India‟s Foreign Policy behaviour, the Cabinet, Ministry of Defence, Ministry of
Trade and Commerce, Prime Minister‟s Office and National Security Council also are
extensively involved in determining India‟s external policy. Apart from this, the Parliament,
in any democratic setup is considered as one of the important institutions in Foreign Policy
decision making. Being the centre of world‟s largest democracy, Indian Parliament is also
playing an important role in determining India‟s Foreign Policy behaviour.

This chapter provides a comprehensive analysis of the role of Indian Parliament in the
formation of Indian external policy. Being the main chapter, it further discusses a brief
historical evolution of the Indian Parliament and its structure and function to understand the
decision making procedure of Indian Parliament. The subsequent sections of this chapter
describe the role of various procedural devices of Indian parliament like the parliamentary
question, Motion, resolutions, debates and discussion as well as their utility in the floor of the
house in influencing India‟s Foreign Policy.

Thus, this Chapter under the broad umbrella of Indian Parliament explains the various
sub-topics such as structure of Indian Parliament, the functions carried by the Parliament and
the Parliament as an instrument of accountability, to have a clear picture of the skeleton
framework of Parliament.

INDIAN PARLIAMENT: HISTORY, STRUCTURE AND FUNCTIONS

Indian Parliament took the shape after undergoing several changes tracing the path
from Charter Act of 1833 which sowed the seeds for the institutional specialization by clearly
differentiating the law making and executive decision making. The Government of India Act
1935 authorized Indian representation in the Parliament. However, the transition from the
Charter Act of 1833 to the Government of India Act of 1935 was not smooth and was
constantly influenced by the successive national movements and struggles.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 145

The structure of Indian Parliament consists of the President and the two Houses
namely, Rajya Sabha, the upper house and Lok Sabha, the lower house. The mode of
election of the members, tenure of members, and number of seats allocated for both the
houses have been explained under the following subheadings. The functions of the
Parliament are portrayed elaborately where the policy making as the major function of the
Parliament takes the prior position by explaining the influence of the Parliament on public
policy outcomes. In addition, T.J. Lowi‟s classification of public policy into four typologies
namely distribution policy, redistribution policy, regulatory policy and constituent policy is
mentioned to have a clear picture of the different kinds of public policies. 247 Indian
Parliament performs certain important functions such as law making, political and financial
control over executive, administrative accountability, amending the constitution and
informational role which have been explained in detail in the following subheadings. The
next subheading deals with the arena of Indian Parliament acting as an instrument of
accountability. The fundamental principle of the Indian Parliament is to effectively serve as
an instrument of accountability over the executive, and the instruments used by the
Parliament in the exercise of accountability such as censure motion, committee system,
opposition and no confidence motion have been discussed. Public policy is seen as a natural
result of the legislative and executive interaction. The two important instruments of
accountability in the hands of Parliament namely ministerial responsibility and administrative
responsibility have been clearly illustrated.

The Fundamental Framework

The Preamble reflects the rich philosophy of Indian Constitution. It states that the
sources of all are the people of India. It elucidates the objectives which the Constitution seeks
to establish and encourage. The Preamble, therefore, is a fundamental fabric of the Indian
Constitution which pictures its essence with magnanimity reaching its culminating point. The
picture of a „democratic republic‟, which the Preamble envisages, is democratic not only
from the political but also from the social standpoint. The Preamble envisages a democratic
form of government along with a democratic society infused with the spirit of „justice,

247
Theodore J. Lowi, “Four Systems of Policy, Politics, and Choice”, Public Administration Review, Vol. 32,
No. 4 (Jul. - Aug., 1972), pp. 298-310
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 146

liberty, equality and fraternity.248 Moreover, the Preamble also states a representative form
of Government through Parliament in the Centre and State legislatures in the periphery which
has become the cardinal pillars of assuring the envisioned democracy in India. In this regard,
Indian Parliament as a premier institution assumes special significance because it is here the
sovereign will of the people finds expression.

A Brief History of the Indian Parliament

Representational bodies in India had existed since ages, and a close examination of
Indian classical literatures like Kautilya‟s Arthashastra, Panini‟s Ashtadhyayi, Aitareya
Brahman including Mahabharata reveal historical evidences of functioning republics during
those periods. 249 In its modern connotation, however, Parliamentary institutions own their
origin to India‟s association with the British government. Parliamentary institution, as
envisaged by the British, underwent a sea change after relentless struggles for
institutionalizing a system of representation and accountability. Therefore, it would be right
to claim that the Indian Parliament in the hands of Indians acquired its true meaning and
character. The first faint beginning of a Central legislature for India is from the Charter Act
of 1833. However, it was just the beginning and the Charter Act of 1833 did not push with
huge reforms or changed the existing equations though it introduced important changes in the
system of Indian administration. Institutional specialization in the Government by
differentiating law making and executive decision making was made in the Governor-
General‟s Council. The Act was created for the first time, the Government of India having
authority over the entire territorial area possessed by the British in India and ended the
activities of East India Company. 250

The Indian Council Act of 1861 was considered the prime charter of the Indian
legislature as it sought to make better provisions both for the Constitution of the Council of
the Governor-General and for the local government. The Council of the Governor General
was reconstituted with five members, and for the purposes of legislation, the Governor-
General was authorized to nominate to his Council, not less than six and not more than

248
D.D. Basu, “Introduction to the Constitution of India”, 19th Ed. (New Delhi: Wadhwa and Co. Law
Publishers, 2001) 23
249
R. K. Mookerjee, Local Government in Ancient India, (New Delhi: Oxford University Press, 1920) 34
250
Sri Ram Sharma, Constitutional History of India (New Delhi: Atlantic Publishers, 1955) 52-54
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 147

twelve additional members, of which half were to be non-officials. There was no provision
explicitly in the Act to the appointment of Indians for the post of non-officials in the Council
However, the House of Commons gave assurance to that effect.251 In so far, this Act marked
a significant advancement from the previous acts and for the first time, it accepted the
important principle of representation of non-officials in legislative bodies. The British
government continued this tradition and introduced a number of such Acts. 252

One of the important Acts is the Indian Council Act of 1909, which was passed to
give effect to the Morley-Minto reform proposal of 1908. According to the act, the maximum
number of members in the Indian Legislative Council was raised from 16 to 60. Similarly
members in the Legislative councils of Provinces were also doubled. The Act specifically
required that the members of the Legislative Councils should include elected as well as
nominated members. Functions of the Legislative Councils were also quadrupled. The
members could move resolutions on the Budget and on any matter of public interest. They
also had the privilege of asking supplementary questions. This Act can be termed as a
colossal reshuffle in the structure of Indian legislatures. 253

However the Act of 1909 reforms also created the communal system in the Indian
electorate and provided representation and reservation of seats in Councils for special
interests like Muslims thereby sowing the seeds of separatist tendencies in India. If
legislative reforms were a triumph for the Congress, this system of „divide and rule‟ through
separate communal electorate was more victorious for the British.

One of the major turning points in the evolution of the Indian Parliament is the
Government of India Act of 1919. This act introduced „dyarchy‟ and the Legislature took
over law making functions from the Governor-General‟s Council. At the Centre, the Indian
Legislative Council (formerly called as the Governor-General‟s Legislative Council) was
replaced by bicameral legislature consisting of a Council of States as Upper House and the
Legislative Assembly as Lower House.254 The Council of State was to consist of not more

251
N. Jayapalan, Indian Administration, Volume 2 (New Delhi: Atlantic Publishers, 2001) 40
252
Parmatma Saran, The Imperial Legislative Council of India from 1861 to 1920: A Study of the Inter-action of
Constitutional Reform and National Movement with Special Reference to the Growth of Indian Legislature
Upto 1920 (New Delhi: S. Chand & Co., 1961) 32-55
253
Jayapalan, Indian Administration, 40-41
254
Amiya Chatterji, Constitutional Development of India (New Delhi: Atlantic Publishers, 1958) 66-67
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 148

than 60 members, and out of these not more than 20 members were to be officials. The
Legislative Assembly was fixed at 140 members from whom 100 would be elected, 26
nominated and the rest as nominated non-officials. The first Council of State had a total of 60
members, out of which 34 were elected, 20 were nominated and 6 nominated as non-
officials. As a result the first Legislative Assembly came into being in 1921 and had 145
members out of whom 104 were elected ( 52 by General, 30 by Muslim, 9 by European, 7 by
Landowners, 4 by Commercial and 2 by Sikh constituencies), 26 officials and 15 nominated
as non officials.

Though the 1919 Act established diarchy, the Governor-General was directly
responsible to the Secretary of State for India and through him to the British Parliament. The
Act could not explicitly provide more powers in the field of legislation and was constantly
subjected to the checks of the Governor-General who sought to keep the sovereignty of the
British Parliament intact. However, the creation of the Central Legislature increased the
legislative activity. The Budget, except for certain reserved heads, was subject to the vote of
the Council; the members had broader freedom of speech and could move resolutions and
motions or adjournments. Moreover, the members grew more critical of the government
which increased the scope of the legislative activity of the country. In the words of Subash
Kashyap “The emergence of the Central Legislature was a matter of historic importance. For
the first time it gave the representatives of the people a voice in making laws and influencing
Governmental policies. It also played a great role in the shaping of the political destinies of
the country. While the country was fighting to overthrow foreign domination, the
representatives of the people assembled in the Legislature carried the battle into the House
the existence of a highly critical Legislature which encouraged the exercise of care and
discretion on the part of the Executive and instilled in it a consciousness of its obligation to
the people.”255

Finally, the Government of India Act of 1935, created a scope of real Indian
representation in the Parliament. According to this Act, the Governor General was to have a
Council of Ministers, not exceeding ten in numbers to aid and advise him in the exercise of
his functions except where he was required to exercise his functions in his discretion or in his

255
Subash Kashyap, Our Parliament (New Delhi: National Book Trust, 2007) 12.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 149

individual judgment 256 . The Act sought to create a federal structure in India with His -
Majesty, represented by the Governor-General, together with the Council of States and the
House of Assembly. The Council of State was to consist of 156 representatives of British
India and not more than 104 representatives of the Indian States while the House of
Assembly was to consist of 250 representatives of British India and not more than 125
representatives of the Indian States. The Act provided that no bill would become law unless
agreed to by both Houses and assented to by the Governor-General; both the houses were
therefore given equal powers except in the field of finance. Money bills could be introduced
only in the House of Assembly, but the Council of States had the powers to amend the bill
and the Governor-General on the other side had the powers to resolve the differences
between the two houses by summoning a joint session.257

Such a long and tumultuous history of the Indian Parliament has endowed it with a
unique feature of self sustainability. Today it is showing promising signals of prosperity
though Indian politics has fallen into a bottomless pit. As a beacon light for a representational
democracy, Indian Parliament is evolving itself from a nascent stage to maturity and much of
its success depends upon the functions and processes within the system. This research is a
humble attempt to understand those functions and processes pertaining to one of the sensitive
public policies of our times – Defence and Strategic policy with particular reference to
nuclear and missile policy making.

Structure of the Indian Parliament

Article 79 of our Constitution clearly postulates that “The Parliament of India consists
of the President and two Houses. The lower House is called the House of People (Lok Sabha)
while the upper House is known as the Council of States (Rajya Sabha). 258 Our Constitution
has adopted the Parliamentary system of Government which effects a harmonious blending
of the legislative and the executive organs of the State in as much as the executive power is
wielded by a group of members of the Legislature who command a majority in the popular
Chamber of the Legislature and remain in power so long as they retain that majority.

256
Ibid. 16
257
Verinder Grover, Constitutional Schemes and Political Development in India: Towards Transfer of Power
(New Delhi: Deep and Deep Publications, 1994) 574-76
258
P M Bakshi, Constitution of India, (New Delhi: Universal Law Publishing, 2010) 106
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 150

The President

The President of India is a part of the Legislature, and the head of the Union
Executive. The President is elected by an indirect election, in accordance with the system of
proportional representation by means of single transferable vote. The Electoral College to
elect the President consists of the elected members of both Houses of the Parliament, the
elected members of Legislative Assemblies of the States and the elected members of the
Legislative Assemblies of Union Territories of Delhi and Pondicherry.

The Rajya Sabha

The Upper House of the Parliament is also known as the Council of States. The
members of Rajya Sabha are elected by the members of the State Legislative Assemblies in
accordance with the system of proportional representation by means of single transferable
vote. 259 The number of representatives from each state in Rajya Sabha is based on its
population and as such there is no uniformity in representation. The strength of Rajya Sabha
as envisaged by the Constitution must be not more than 250 members, of which 238
members are elected by State and Union Territories and the 12 members are nominated by
the President.260 The members of Rajya Sabha have a fixed term of 6 years and one-third of
the members retire at the expiration of every second year in accordance with the provision
made on that behalf by Parliament by law. 261

The Lok Sabha

The Lok Sabha is the lower House of the People. The members of the Lok Sabha are
directly elected by the people who are above 18 years of age and who are entitled to vote in
the elections of Lok Sabha unless and otherwise disqualified under law (Art 326). Article
81(1) of the Indian constitution provides that the Lok Sabha shall consist of not more than
530 members chosen by direct election from territorial constituencies in the State and not
more than 20 members chosen from the Union Territories. The President may nominate not
more than two members of the Anglo-Indian community. The strength of the Lok Sabha as

259
Article 80 (4), Representation of the People Act, 1951 Section 154 (1)
260
S.G. Deogaonkar, Parliamentary System in India (New Delhi: Concept Publishing Company, 01-Jan-1997)
44- 45
261
Article 83 (1); Representation of the People Act, 1951 Section 154 (1)
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 151

envisaged by the Constitution is therefore 552 and the ratio in which it is allotted is based on
the population of the States. The Lok Sabha has a fixed term of five years from the date
appointed for its first meeting. However the House may be dissolved under certain
circumstances as envisaged by the Constitution.262

The structure of the Indian Parliament indicates the accommodative jurisdiction in

relation to the other two organs of the Government. The Parliament does not reign supreme
and sovereign and much of its powers are constrained by the Constitution. As a reflector of
the sovereign will of the people, the structure of the Parliament has given unto itself
uniqueness quite decisive in itself.

Functions of the Parliament

Public Policy is a scheme devised by the State in pursuit of certain objectives and as
David Easton notes, it is “the authoritative allocation of values for the whole society”. 263 The
elucidation of objectives for which a policy is required is done by the Government through
articulating its rationale. T. J. Lowi classifies public policies into four typologies; distributive
policies which are concerned with the distribution of new resources ; redistributive policies
which are concerned with changing the distribution pattern of existing resources; regulatory
policies which are concerned with regulation and control of activities and constituent policies
which are concerned with the re-organization or establishment of institutions. 264 In this
sense, a Government may pursue a purposive course of action or choose not to pursue the
actions which are consistent with the development policy.

Based on the institutional approach to policy analysis, it is important to understand

the extent of influence of the Parliament on the structures of policy making in India. On the
frontiers of policy making, the Parliament performs the following important functions: 265

262
Deogaonkar, Parliamentary System in India, 43-44
263
David Easton, The Political System (New York: Knopf, 1953) 129
264
T. J. Lowi, “Four Systems of Policy, Politics and Choice”, Public Administrative Review, Vol. 32, No. 4,
(1972): 298-310
265
Referred from Subash Kashyap, Our Parliament (New Delhi: National Book Trust, 2007) 52-70
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 152

1. Law Making and Legitimization Role

Conceived as the traditional function of the Parliament, law making has an identity in
its own right under the Constitution of India. The Parliament can make laws on the Union
and the Concurrent Lists of the Seventh schedule of the Constitution and this feature
exclusively assigns the Parliament a uniqueness unraveled by any other institution. While the
Parliament by itself does not evolve any law, its scrutiny, review, examination and discussion
of the public policy designed by the Government to translate into a law, serve as an
established pathway in the law making process.

2. Political and Financial Control over the Executive

Public policies emanating from the Government have to be rationalized to the

legislature. The constitutional provision of collective responsibility of the Council of
Ministers to the legislature and the Parliament‟s control over the Executive‟s budget are well
established. Passing of the no confidence motion, defeating the Government in a major issue
of policy, adjournment motion and defeating the Government on financial measures are some
of the mechanisms of accountability held by the Parliament to check the Executive
dominance on public policies.

3. Administrative Accountability

Administrative accountability is the Parliament‟s indirect evaluation of public policy

carried on by the bureaucracy. This ex-post-facto check is necessary on the grounds that the
public policy, which is a purposive course of action, cannot be efficacious if the
administration is not able to act in conformity to the needs of the Government. In this regard,
the accountability is technical and indirect through the ministers concerned. The various
procedural devices like the Parliamentary committees, Questions, Calling Attention Notices,
Half-an-Hour discussions, Private Members‟ resolution, Discussions on matters of urgent
Public importance are some of the mechanisms through which the Parliament holds the
administration accountable albeit indirectly through the ministers.

4. Informational Role

To call for information is perhaps the most significant function of the Indian
Parliament. The right of the Parliament to be informed cannot be held in void unless any
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 153

divulging of information is detrimental to the national interest or security. The Government

feeds the Parliament with information in regular intervals through the submission of reports,
laying of papers on the table of the house or placing the documents in the Parliament library.
Based on the information received, the Parliament may throw light on the deficiencies and
highlight the shortcomings. The role of the Fourth Estate i.e. the Press is unsurpassable in
enabling the Parliament to keep abreast of information. Through the Question Hour, Calling
Attention Motions, Half-an-Hour Discussions and other procedural devices available to the
Parliament, the Parliament extracts information from the Government and holds it
accountable.

5. Amending the Constitution

Parliament has a unique responsibility in amending the Constitution. In accordance

with Article 368, the amendment of the Constitution can be initiated only by the introduction
of a Bill in either house of the Parliament with the support of the majority of not less than
two thirds of the members of each House present and voting, and ratified by the President. It
may be noted that though the role of the Parliament in other functions may be diluted through
other functional procedures, amendment of the Constitution is still the ultimate prerogative of
the Parliament alone.

To conclude we can say that, much of the functions of the Parliament as envisaged by
the Constitution and as theoretically elucidated are more of a myth than reality. The
Government which commands the majority in the Parliament could circumvent the
conventional functions of the Government. Mechanisms of accountability can seldom have
attention when majority of the Parliament slides with the Government. Executive,
administrative and informational control of the Parliament therefore remains vulnerable to
the Governmental dominance.

THE ROLE OF INDIAN PARLIAMENT IN FOREIGN POLICY DECISION

MAKING

Indian Parliament, being the top most democratic institution and the ultimate voice of
the nation and supposed to play a key role in formulating foreign relations of a country, now
perhaps possesses less control compared to the other governmental Departments of
governmental activities. The increasing nature of complexity in the Foreign Policy
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 154

management and the cost of delayed decisions encourage the bureaucrats to lead the mission
while pushing the parliamentary control into the backseat. With the rise of globalization that
interlinks every aspect of the state craft including external affairs and emergence of new
trends and aspects of Foreign Policy behaviour, the decision making process in Foreign
Policy is ultimately accelerated into a new era of complexity. Our day to day activities are no
longer personal or state level and somehow connected with international trends. Hence, new
specialization departments have been created and specialized officers have been appointed to
deal with these new challenges while the whole process of external relation of a nation is
traditionally used to be led by one or a group leader. It tends to rise to a new system of
Foreign Policy management naming organizational management model, where a group of
specialized people or bureaucrats are appointed to deal with certain issues to deliver
maximum benefits.

Besides the emergence of bureaucratic supremacy in Foreign Policy management

mechanism, several international bodies have been set up to deal with the issues that are
traditionally addressed by the domestic agencies. These organizations are often regulated by
the national government and the parliament hardly has been consulted or any interference
hardly ever seen from the parliament side. Hence, the national agencies like the Parliament
are gradually losing their command in Foreign Policy decision making. 266 Out of all the
limitations, the parliament still plays a crucial role in conducting Foreign Policy in several
ways. In fact, it is the most important agency which ultimately takes responsibility for its
failure or success. The role of Parliament in Foreign Policy decision making is broadly
discussed below:

Parliament and Foreign Policy Decision Making in India

Parliament plays a significant role in Foreign Policy making in India. In fact, the
parliament enjoys complete authority in making laws, for both domestic and foreign affairs,
of this country. Thus, the part influences Foreign Policy activities in many ways. Though,
some believe that the Parliament enjoys limited and minimal inputs in foreign affairs as
compared to domestic affairs, it has been well established that domestic policies too can

266
Antonio Cassese, ed, Parliamentary Control Over Foreign Policy (Alphen aan den Rijn, Nederlands:
Sijthoff & Noordhoff International Publishers BV, 1980) vii
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 155

influence the foreign policies significantly. 267Article 246 of the Indian Constitution which
distributes powers to the Union Government and the states authorize the Parliament to
legislate on all aspects of external affairs of this country. 268 Item 10 of the Union List under
the Seventh Scheduled of the Constitution specifically empowers the Parliament to formulate
appropriate laws regarding foreign affairs. 269 In addition, items listed from serial number 9
to 21 of the Union List include war and peace, diplomacy, matters regarding UN, and
international treaties and agreements under the supervision of the Parliament. Apart from the
policy formulation, the Parliament is influencing the Foreign Policy decision in many ways
using various tools. Using its budgetary control, it can slash down various allocations on
military, Defence, foreign aid and other such peripherals as well. Similarly by opening of
new offices and branches and neutralizing the performance through resource control of such
agencies that deal with the Foreign Policy activities, the Parliament can indirectly control the
external policy of the country. Thus, one can agree that the Parliament plays a vital role in
Foreign Policy making in India. Its role can be divided into three broad categories – Policy
formulation, policy shaping, and policy alternation.

The Role of Parliament as a Legislating Body

Parliament in India being the super most legislative body is empowered to enact laws
for the items prescribed under the union list. It introduces, discusses and passes legislations
for both domestic and international affairs. Article 246 of the Indian Constitution authorizes
the Parliament to make laws for the nation. Clause one (1) of the article says, “… Parliament
has exclusive power to make laws with respect to any of the matters enumerated in List I in
the Seventh Schedule (in this Constitution referred to as the “Union List)” 270 Out of the
allotted 97 items of the Union List, items 1 to 21 are directly or indirectly related to the
foreign affairs on which the parliament can make laws. Items under these sections deal with

267
Many scholars have proven that there is close nexus between the domestic politics and Foreign Policy
decision making. For more discussion refer James M. McCormick, (2012), Dina Spechler, (1978), Thomas
Risse-Kappen, (1991), Michael Smith, (2004), Alastair Smith, (1996), Jack S. Levy, (1988), Michael
McFaul, (1997), Robert D. Putnam (1988), Henry A. Kissinger (1966)
268
Parvinrai Mulwantrai Bakshi, Subhash C. Kashyap, The Constitution of India (New Delhi: Universal Law
Publishing, 2002) 101
269
Constitution of India, published under the official website of Ministry of Law and Justice, Government of
India, http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss%2835%29.pdf, (Apr. 10,
2013)
270
Bakshi and Kashyap, The Constitution of India , 101
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 156

Military forces and management (items 1 to 4), diplomacy (item11), UN (item12),

international treaties and agreements (item14) war and peace (item 15), foreign jurisdiction
(16) citizenship and alliances (item 17) and more particularly item 10 of the list grants
exclusive power to the Parliament to legislate any matter related to the foreign affairs. 271
Similarly under Article 253, the parliament also possesses exclusive power to legislate or
amend laws for the successful implementation of the international treaties, agreements and
conventions. The Article reads “Notwithstanding anything in the foregoing provisions of this
Chapter, Parliament has power to make any law for the whole or any part of the territory of
India for implementing any treaty, agreement or convention with any other country or
countries or any decision made at any international conference, associated or other body.” 272
In addition, the Parliament also makes laws for other non-Foreign Policy subjects and can
control each and every step of administration including the mighty executives that practically
controls external policy. Hence, law making power has ultimately empowered the parliament
to have control over the foreign affairs decision making. Given below is a brief account of
the law making procedure of the Indian Parliament:

The Legislation Process of Indian Parliament

As the Parliament is regarded as the symbol of the general will of the people, policy
making in critical areas including foreign affairs often requires the parliamentary
authorization through legislative process. As the supreme legislative body in India, the
Parliament makes laws on the subjects listed under Article 246 of Indian constitution.
Furthermore, Article 253 also empowers the Parliament to modify or make a new legislation
for the items listed under the state subject to facilitate the foreign treaties and agreements.

Parliamentary legislative procedure, being the key instrument for the formulation and
modification of public policy, is very complex under the Indian parliamentary system. It
requires a long parliamentary procedure prescribed by the Constitution of India, under which
a draft bill has to be introduced and approved by the Indian parliament to become an Act.
The bill can be broadly divided into two categories, the ordinary bill and the financial bill. In

271
Constitution of India, Ministry of Law and Justice, Government of India
272
“Treaty-Making Power under our Constitution”, Consultation Paper prepared by National Commission to
Review the Working of the Constitution, Government of India on January 8, 2001, Ministry of Law and
Justice, Government of India.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 157

terms of ordinary bill, it has to be introduced by any member of the Parliament with the prior
notice of seven days stating its intention and significance. If the government or the concern
ministers introduce the bill, it will be known as the governmental bill or else called private
bills. 273 According to the statistics, only 14 private bills have been passed so far by the
Parliament while six of these were passed in 1956 alone. It also shows that not even a single
private bill has been passed since 1970.274

Mostly, the legislation has been sought to address the existing legal fissure and to
strengthen the administrative mechanism of the country. As soon as the proposal comes to
enact law for any specific issues, the concerned member or ministry prepares its blue print
and finds out its political, legal, financial, and administrative implications. They also consult
with other concerned ministries and agencies for their inputs. In some cases, the consultation
is also sought from other stake holders including professionals, NGOs, civil societies, interest
groups and trade unions. After a thorough scrutinisation of the draft proposal, it is sent to the
cabinet for approval. In the cabinet meeting, the pros and cons of the proposal are thoroughly
discussed and necessary corrections are incorporated with the draft. Following the approval
of the cabinet, the legislative technocrats and departmental experts give the bill the final
shape and make it creditable to be introduced into the parliament.275

Before the introduction to either house, the bill needs to be made available for the
reference of the members and the copy of the bill has to be circulated among the members, at
least before the proposed date of introduction. President‟s recommendation is a must for the
introduction of the non-ordinary bills, such as, financial and Constitution amendment bills. 276
After the introduction of the bill, the minister reads out the bill and places the bill before the
house for discussion. If the bill gets introduced, it is sent to the gazette section for publication

273
For detail see abstract 3 of the Parliamentary Procedure “Private Members‟ Bills and Resolutions”, published under
the Parliament of India, available at official website of Parliament of India at:
http://164.100.47.132/LssNew/abstract/private_members.htm ( Apr.10, 2013)
274
Devika Malik, Rohit Kuma, Indian Parliament at 60 years: Facts & Statistics, CNN IBN, May 14, 2012, PRS
Legislative Research, http://ibnlive.in.com/news/indian-Parliament-at-60-years-facts--statistics/2577943.
html
275
Subhash Kashyap, Our Parliament, (New Delhi: National Book Trust, 2003) 165-66
276
Rules of Procedures and Conduct of Business in Lok Sabha,14th ed., (New Delhi: Lok Sabha Secretariat,
2010) 32
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 158

in the official gazette.277 However, in some cases, a draft bill can be published in the gazette
without going through leave motion with the approval of the speaker. 278

The second stage, being the crucial phase of legislation, consists of two stages. In the
first stage, the bill seeks external inputs from the Standing Committees and public opinions
and incorporates their views into the bill, whereas in the second stage, the bill receives
internal inputs from the exhaustive Parliamentary debates and discussions. In the first stage
of the second reading, a general discussion on the principles and provisions of the bill is used
to take place without going into deep clause by clause discussion. Here it is up to the house
whether it will be simply taken into consideration or referred to a select committee of the
house or joint committee of the two houses or for circulation for the purpose of eliciting
public opinion thereon.279 The motion for any proposed amendment by members is allowed
under this stage as per the rule 75 of the procedures of the house.

If the bill is referred to the parliamentary committee, the committee analyzes the bill
clause by clause like the houses do. If the committee becomes satisfied, the bill can be passed
with majority vote or can be challenged by members for amendment of certain clauses. The
committee can also seek opinion and suggestions from experts and interest groups that are
suppose to be affected by the bill. After rigorous analysis, the committee returns back the
bills to Lok Sabha Secretariat with its feedbacks, suggestions and recommendations. Then,
the Secretary General of Lok Sabha presents the report in the Parliament for discussion. 280
After obtaining the report from the committee it is up to the member or minister to move the
motion to re-refer the bill to the new committee or for further public opinion or to take into
consideration for further proceedings.

A general debate takes place if a motion moves to consider the bill. Then a copy of
the bill is distributed among the members so that they become aware of the pros and cons of
the bill. When the recommended bill for consideration is placed before the house, a thorough
discussion takes place on each and every clause of the bill and the members are allowed to

277
Rule 73 of the Parliament Procedures, see ibid, 35
278
Rule 64 of the Parliament Procedures, see Rules of Procedures and Conduct of Business in Lok
Sabha,14thedn., (New Delhi: Lok Sabha Secretariat, 2010) 32
279
Rule 74 of the Parliament Procedures, see ibid, 35
280
Kashyap, Our Parliament , 167-68
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 159

move amendment motion for any particular clause or a group of clauses and the amendment
is also discussed, adopted or rejected by the majority vote. If the amendment is accepted, it is
included into the bill for further proceedings. 281

After a lengthy clause by clause discussion and its approval carried out during the
second stage of second reading, the bill enters into the third stage of reading. In this stage, the
introducer of the bill moves a motion seeking the approval of the bill. The members are
allowed to have a discussion over the bill if required. But the discussion is limited to the
argument in favour of or rejection of the bill without citing any further detail if it is
282
necessarily required to know the ground. Only formal, verbal or consequential
amendments are allowed in this third reading stage. After the bill is formally passed the
speaker has the power to correct the patent errors and ask such other changes in the bill as are
consequential upon the amendments accepted by the house. 283 For the passing of an ordinary
bill the house requires a simple majority of the attended members. As the government enjoys
majority in Lok Sabha, it hardly faces any difficulty in passing an ordinary bill.

Once the bill is passed in one house, it is referred to another house for approval. Like
the previous house, it has to pass through the same prescribed stages for its concurrence.
However, if the house brings any amendment into the original bill and referred the amended
bill to the house where it originated, it has to be reintroduced into the originated house once
again, and need to be passed there. If it is agreed on the amended version of the bill it is
referred to the President for his assent. After presidential assent, the bill becomes the law.

However, when a bill is rejected by another house or if the bill keeps on pending for
more than six months following the disagreement between both the houses on the bill, the
President asks for a joint sitting of both the houses to resolve the deadlock. With the due
consultation of the Chairman of Rajya Sabha and the Speaker of Lok Sabha it is fixed for a
joint sitting in the parliament according to the provision laid on the clause (3) of Article 118.

281
Ibid., 168-69 and research article on “How a Bill Becomes an Act”, published by Parliament of India web
site. http://Parliamentofindia.nic.in/ls/intro/p5.htm
282
Rule 94, Clause 1 of the Parliament Procedures, see Rules of Procedures and Conduct of Business in Lok
Sabha,14thedn., (New Delhi: Lok Sabha Secretariat, 2010) 43 also see “Legislative Process” Published in the
official website of Parliament of India, Government of India. http://164.100.47.132/LssNew/
abstract/legislative _process.htm
283
Rule 95, Rules of Procedures and Conduct of Business in Lok Sabha, 43
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 160

In the joint sitting voting takes place on the bill. Based on the voting majority, the bill is
passed or rejected. However, the fact is that only three bills have been passed since the
enforcement of the Constitution. These are the Dowry Provision Bill of 1961, The Banking
Service Commission (repeal) Bill of 1978 and The Pervasion of Terrorism Bill (POTA) of
2002. Generally, the Lok Sabha is in a decisive advantage to pass the bills, due to its
numerical superiority.284

After the approval of both the houses or passed at the joint sittings, the bill is sent to
the President for his assent. The President may give his assent or ask for certain information
or clarification or simply return the bill to the house for reconsideration. However, if the bill
is resent to the President after it is approved by the houses with the due procedure of rules,
the President has to sign on the bill and it is transformed into an Act. The President can keep
the bill with him as long as he wishes, where the bill automatically comes to end. 285 Once the
President signs the bill, it becomes an Act from that particular day.

Legislation process for Money Bill is different from that of the ordinary bill. The
money bill can only be introduced in Lok Sabha, and the Rajya Sabha plays a nominal role in
this matter. The Rajya Sabha cannot amend the money bill passed by Lok Sabha, but can
give its recommendation for the amendment. Whether the Lok Sabha accepts the
recommendation for the amendment or rejects the proposal, it is considered to be passed by
both the houses. In the latter case, it is deemed to be passed without the approval of Rajya
Sabha. Similarly, if the Rajya Sabha keeps the money bill pending for more than fourteen
days, it is considered to be passed by Rajya Sabha. Similarly, the procedure for the
Constitution amendment bill is a complex one and varies from article to article. While
amendment to some article (under article 368) is easy and can be done by simple majority,
others are very rigid to amend and require absolute to special majority depending on the
importance of the articles. Therefore, the procedure for the amendment of Indian Constitution
is partially flexible and partially rigid and different from the procedure that follows during
the passage of the ordinary bills. 286

284
Kashyap, Our Parliament, 171
285
Ibid.
286
Kashyap, Our Parliament, 175-77
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 161

Parliamentary Legislation as an Instrument to Shape Indian Foreign Policy

As we have discussed, the Parliament enjoys adequate power to formulate or amend

any law in India that ultimately guides the governance and policy initiative, including
Foreign Policy. Hence, it plays a crucial role in formulating the Foreign Policy of India.
Similarly, under Article 253 the Parliament is empowered to bring the required legislation to
facilitate the international agreements. Therefore, there is no doubt on Parliament‟s role in
bringing new laws to influence Foreign Policy. It can also legislate or enhance or curtail the
executive power that is used to have larger role to play. Legislation regarding military forces
and war and peace similarly places the Parliament at the decisive stage on Foreign Policy
making mechanism. It can direct the force to go for war or legislate on maintaining peace by
ending war. Further, trade and commerce and economic affairs remain on the preview area of
the Centre on which the Parliament can pass any law in favor or against certain trade
policies. Starting from the border settlement to the UN affairs the Parliament is awarded with
immense power to make law that influence, guide or change the Foreign Policy of the
country.

PARLIAMENTARY ACTS RELATED TO FOREIGN AFFAIRS

 The Imports and & Import (Control) Act, 1947

 The Imports (Control) Order 1955 and 1988
 The Customs Act, 1962
 The Foreign Trade (Dev.& Reg.) Act, 1992
 Securities and Exchange Board of India Act, 1988, 1992
 Foreign Trade (Regulation) Rules 1993
 Foreign Trade (Exemption) Order 1993
 The Foreign Exchange Management Act, 1999
 National Investigation Agency Act 2008
 The Civil Liability for Nuclear Damage Act, 2010
 The Atomic Energy Act 1962
 Environmental (Protection) Act, 1986
 The Emigration Act, 1983
 The Citizenship Act, 1955
 The Citizenship (Amnd.) Act, 1986, 92, 2003, & 05
 Passport (Amendment) Act,
 The Passport Act,
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 162

 The Haj Committee Act,

 The Extradition Act,
 The United Nations (Security Council) Act,
 Foreign Exchange Management Regulations, 2000
 Companies Act, 1956
 Constitution 100th Amendment Act 2015 (LBA Agreement)
INSTITUTIONS CREATED TO GUIDE FOREIGN POLICY
 The National Security Adviser(NSA)
 The National Security Council (NSC)
 Securities and Exchange Board of India (SEBI)
 National Investigation Agency (NIA)
 The Research and Analysis Wing ( RAW)
 The Atomic Energy Regulatory Board (AERB)
 The Atomic Energy Commission (1948)

THE ROLE OF PARLIAMENT AS THE INSTITUTION OF INFLUENCE

“Influence‟‟ refers to the capability to modify or change someone‟s behaviour in the

desired way. Marriam-Webster Dictionary defines it as “the power or capacity of causing an
effect in indirect or intangible ways”. 287 To be particular it refers to “the power to shape
policy…..” 288In politics influence plays a major role in deciding policy options, be it the
influence of vote, media or parliament. It occurs when such actors communicate with other
actors or agencies to alter their policy behaviour.289 Parliament being the highest agency of
governance in India also plays crucial role in influencing policy behaviour of the country.

Apart from the legislative powers, the Parliament also has enough ability to influence
India‟s Foreign Policy behaviour. The Parliament, by using its various techniques, rectifies
the existing disorder in the Foreign Policy behaviour. As the representative to the voice of the
people, it tries to modify and readjust the external policy of the country. The prime tool of
influence is the floor of the Parliament itself. The members of the house raise the concerns
related to Foreign Policy during the debate session of the Parliament. Among the
Parliamentarians, there used to be a group of expertise who keep tracking the global
287
See Marriam-Webster online Dictionary, at http://www.merriam-webster.com/dictionary/influence
288
See Oxford Online Dictionary http://oxforddictionaries.com/definition/english/influence
289
Michele Merrill Betsill, Elizabeth Corell, NGO Diplomacy: The Influence of Nongovernmental
Organizations in International Environmental Negotiations (Cambridge: MIT Press, 2008) 24
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 163

developments and raise voice against the perceived odds in the form of questions, discussion
and motions. But the parliamentary involvement and its influence on Foreign Policy was
limited when the Nehruvian monopoly was ruling over the Indian Foreign Policy decision
making environment. 290 Till Chinese war, the view of the Parliament especially from the
ruling party was unrealistic for it was not in line with the public opinion. It is the Shastry era
that revolutionized the concept of the Parliamentary involvement in the Foreign Policy
shaping. The Parliamentarians tried to adopt the available techniques to approve, guide and
supervise the external policies of the country. The tools used in this regard were the question
hours, debates and discussions, parliamentary committees, financial control and motions and
resolutions on the matter of foreign affairs.

Tools and Techniques of Parliamentary Influence on FPDM

Under its various rules, the Parliament of India enjoys absolute power to debate and
discuss a range of issues related to the domestic and external affairs. It controls, supervises
and influences the policy of government by using several tools and techniques. Through
these tools, it tries to minimize the governmental errors and modify and alternate the policy
direction as per the public opinion. As the voice of the people, the Parliament keeps its
concerns for the benefit of the people. The instruments of parliamentary influence on Foreign
Policy are as follows:

Debate and Discussion

Debate and discussion has been the integral part of the parliamentary democracy. The
Indian Parliament has the right to discuss various issues on its floor of Parliament and tries to
pressurize the government for the policy improvement. Generally, the debate comes out of
the question hour, during the process of passing resolution, during budgetary discussion,
ministerial statement or during the period of half an hour discussion. The Parliament, being
the ultimate forum to discuss the national and international issues that affect the national
interests, makes its observations on the large range of issues. Additionally, by using the tools
of discussion and debate the Parliament puts a check on the governmental monopoly.

290
Naheed Murthza, Parliament and Foreign Policy: Reflection of India-China Relations (New Delhi:
CADPLAN Publisher, 1998) 79
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 164

Along with the domestic issues, significant amount of Foreign Policy related matters
also have been the subject of the parliamentary debate and discussion. As parliamentary
debate has been an important instrument of influence and control of the policy making in
India, a large number of issues make into the floor of the house for discussion. The subjects
of the debate on Foreign Policy issues happens to be the matter related to strategic relations,
CTBT and NPT, India-Pakistan war, incursion in to Indian Territory, problems of Tibet,
India‟s neighbourhood policies and India‟s relations with major powers.

Generally, the oppositions raise various questions related to the foreign affairs and
matters of public importance in the Parliament. They bring various resolutions to initiate the
discussion, besides using other parliamentary provisions. The main objective of such
initiatives is to criticize the recent government policies and to put pressure on the government
to readjust their stand, and modify according to the wish of the Parliament. Hence, one may
agree that it is a discussion between the government and its alternatives. 291 Both the houses
have been seen in debating such issues. However, the Lok Sabha has been playing more
important role in Foreign Policy making in India than Rajya Sabha.

The intensity of the Parliamentary debates on matters of foreign affairs is normally

interlinked with the international political environment. If the international situation remains
tense, the debate in the Parliament escalates to noisy and animated. The house gets divided in
discussed matters and each group attacks the other‟s stand over the issue. But when the
global scenario looks peaceful, the parliamentary debate remains calm and infrequent.292

The tool of Parliamentary debate has been effective to influence policy making in
India. It is a symbol of parliamentary supremacy over the Executive on the policy making
and guidance. By debating and discussing on certain policies, the Parliament informally
scrutinizes the matter and asks further clarification from the executives on the particular
issue. Similarly, during the debate the member has the right to criticize the ministration
showing the administrative loopholes and suggesting some policy modifications, adjustments
and alternatives. The mechanism of the parliamentary debate helps to remind the

291
Leon D. Epstein, “British Foreign Policy” as quoted in Naheed Murtaza, Parliament and Foreign Policy:
Reflection on India-China Relations. (New Delhi: CADPLAN Publisher, 1998) 102
292
Paul Martin “ The Role of Canadian Parliament in the Formulation of Foreign Policy” Parliamentarian, L,
(October, 1969) 262
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 165

administration of their duties and keep pressuring them to attain their goals. Therefore the
parliamentary debates and discussions influence every aspect of the Foreign Policy of India.

Though the concept seems nice in theory, the effectiveness of parliamentary debate
has never turned into constructive policies in practice. Generally debates are put for
discussion, when the issue loses its significance. Often, the members apparently fight against
each other, making theatric attitude in the Parliament and lacks professionalism while raising
the issues. The Parliament is an important forum to bring out the administrative lacunas of
the government for discussion. But, neither the government nor the opposition is serious in
this regard. Quite often, the information is tempered and presented incompletely to
camouflage the facts. Similarly, a very few members participate in the debate on matters of
Foreign Policy, and lack expertise while raising the issues. Hence, the debate often seems
generic and ritualistic and is considered as low standard.

Question Hour

Out of all the privileges that the Indian Parliament enjoys to influence and control policy
direction, question hour is the most significant tool. The Question Hour is the first hour or the
opening hour of every sitting of the parliament generally held in between 11.00 a.m. to 12.00
noon for five days in a week from Monday to Friday. 293 Normally the sitting of the house
does not take place on Saturday. However, if the sitting is extended up to Saturday it will
continue without question hour. Similarly, the question hour is not held during the extended
period of the parliamentary session. 294 The provision of the question hour upholds the
democratic principles of the country, because through this mechanism the people of the
country can ask questions and get clarifications from the government through their
representatives. In other words members of the parliament are free to ask questions regarding
any matter of governance at their respective houses. It is not only exposing the government‟s
failures, but has been the most reliable and favourite method to have control over the
executive monopoly. 295

293
Under the Rule 32 of Parliament Procedure, see, Rules of Procedure of Indian Parliament (Lok Sabha
Secretariat, New Delhi) 15
294
S.G. Deogaonkar, Parliamentary System in India, (New Delhi: Concept Publishing Company, 1997) 79
295
Hoshiar Singh, Public Administration: Theory and Practice (New Delhi: Pearson Education India, 2012) 231
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 166

Types of the Parliamentary Questions

Question hour has been practiced in both the houses since decades and has been the
useful mechanism to expose the loopholes of the government policies. It has been divided
into the three broad categories, (i) Starred Questions, (ii) Unstarred Questions (iii) Short
Notice Questions.

Starred questions are those questions which are answered orally on the floor of the
house, whereas the Unstarred Questions, unlike the starred are not responded with oral
answers and responded with written answers. Generally, supplementary questions can be
raised related to the starred questions, if the member is not happy with the preliminary
answer provided by a minister. These types of questions are marked with an asterisk mark to
be easily distinguished.296 As the answers are presented in written form under the Unstarred
Questions, no supplementary question can be asked. The written questions are printed in the
„official report of the sitting of the house for which it is put down‟ and presented by the
minister in the floor of the Parliament. 297

The short notice questions are related to the „matter of urgent public importance‟ that
are supposed to be brought to the preview of the minister or parliament. Any member can
ask this kind of question and seek oral answer from the concerned ministry with a shorter
prior notice compared to the ordinary questions that need prior notice before at least ten days.
It is up to the Speaker or Chairman to decide the urgency of the matter and ask the minister
to answer the question on an early possible time. The time for the answer is fixed according
to the desires of the minister and chair of the house. If there is a shortage of time for the
answer of the question, the Speaker or Chairman directs to place the question as the first
question of the question hour the next day. Though the members are eager to put short notice
questions frequently, only one such question is allowed to take place for a particular day
based on its merits. The discussion for the short notice questions is held after the question
hour of each sitting. 298

296
Research, Documentation and Information Services, Lok Sabha Secretariat, Parliament of India, the Ninth
Lok Sabha, 1989-1991: A Study (New Delhi: Northern Book Centre, 1992) 100
297
Ibid, 100
298
Kashyap, Our Parliament, 120, 124; and Lok Sabha Secretariat (1992) 100 & 101
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 167

Though most of the questions are directed towards ministers and government
officials, private members may ask to answer the parliamentary questions referred to them by
other members. In this case, the area of responsibility of the member should be the subject
matter of the question. 299 No supplementary question can be raised and no short notice
question can be directed to any private member as the government officials and ministers are
responsible to run the government. This type of questions hardly takes place in the
Parliament, especially in Lok Sabha.

Half-an-Hour Discussion

Half-an-Hour Discussion refers to the discussion taking place during the last thirty
minutes of sitting on the matter of public importance arising from the recent question hours.
Other than the budget session, it is normally held for three days in a week based on the
question of Starred, Unstarred or Short Notice Question that is discussed on the floor of the
house.300

According to the clauses from 2 to 5 of rule 55, if any member wishes to raise the
matter for a discussion he/she has to give notice in writing three days in advance from the
date of discussion. In the notice, the member has to mention the reason for raising the
discussion on a particular matter. The Lok Sabha Speaker or the Rajya Sabha Chairman has
to decide on the merit of the notice for discussion. He/she enjoys full power to consider the
notice or return the same. If a house receives more than two notices that are admitted by the
Speaker or Chairman, the secretary-general of the respective houses shall hold a ballot to
prefer one over the other for the first discussion. However, the second one will be put in the
waiting list for discussion. The Speaker or the Chairman asks the respective minister to
respond to the raised questions on a pre-fixed day. The member who served the notice may
give a short statement and the members (Not more than four) who have pre-intimated the
Speaker may question on the purpose of the “further elucidating any matter of fact”.301 At the
end, the minister asks to reply to the question. No formal motion shall be introduced or
voting will be held during the discussion. In Lok Sabha, only one notice for half-an-Hour

299
Rule 40 of the Parliament Procedure
300
Rule 55 (1) of the Parliament Procedure
301
This provision have included into the rule book sub-clause by Lok Sabha on 9-5-1989
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 168

discussion is allowed and a member cannot ask more than two questions in a particular
session. 302

Role of Question Hour in Influencing the Foreign Policy

The Question Hour plays an important role in the parliamentary democracy in India.
It has been the prime instrument to control the monopoly of the government and the
executive branch, and make them accountable to the people. The members, by asking
questions, expose the loop holes of the government to the public domain and simultaneously
bring a lot of matters to the government‟s focus. Briefly, the Question Hour helps in both
directions to strengthen the governance both internally and externally. As discussed
elsewhere a healthy domestic environment is the prime requirement for the vibrant external
policies. The country can play a bigger role in international sphere if the internal situation
remains supportive. Therefore, it indirectly facilitates India‟s Foreign Policy while dealing
with the internal issues.

The role of parliament is very much required to rationalise the Foreign Policy by
raising various questions on the floor of the house. In most of the cases, the government
hides certain issues of foreign affairs and presents a rosy picture before the country. But with
the help of the provision of questions, the members, especially the oppositions, bring out
these issues to the public domain and pressurize the government to take appropriate actions
to rectify it. Previously, the Parliament was not interfering into the foreign affairs and mainly
focused on domestic issues. But after the Chinese intrusion there were changes and it started
playing played a significant role in foreign affairs.
The parliamentary questions also help the government to know the concerns,
grievances and expectations of the people. However the government occasionally opts for the
traditional way to deal with the issues. Through the questions and related discussions, the
government is able to know the alternative ways to deal with the situation. Through the
questions, the members expose the faults and scandals before the nation and educate the
people against the governmental loop holes. As a result, people try by various means to
pressurize the government to mould their improper policies.

302
see “Half-An-Hour Discussion” in Rules of Procedures and Conduct of Business in Lok Sabha,14thedn.,
(New Delhi: Lok Sabha Secretariat, 2010) 27-28
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 169

Primarily, Parliamentarians are more interested to raise questions that are mostly
related to their respective constituencies or issue of domestic affairs and show little interest
to debate on matters of the international affairs unless it becomes the media flashpoint. The
reason might be lack of interest and adequate knowledge on foreign affairs among the
parliamentarians. Secondly, due to India‟s limited role in the world politics, the subject of
foreign politics remains the secondary matter for most of the policy makers in India. But,
after the economic liberation, India gradually emerged as one of the major players in the
international politics, which often attracted the attention of the political leadership. With this
significant development, the issues of Foreign Policy apparently dominated a sizable share of
Parliamentary discussion and the influence on Indian parliament seemed gradually increasing
day by day. By using the tool of questions hour, the Parliament brings the government to the
knee to clarify certain issues. If the members are unsatisfied with the function of the
government, they move various motions to curb the government. In this process, the mistakes
of the government come to the public domain and help the government to address the issues.
Due to the question hours, the government also identifies the concern of the people and the
matter of priority to perform, hence it helps to redefine the national objective.

The Ministerial Statements

Following the Question Hour, the concerned minister presents his statement regarding
the matter of discussion. If the matter seems important mostly the oppositions raise the
additional questions to bring out further clarifications, hence often it leads to a mini debate.
During the time of no confidence and censure motions, the minister is also asked to explain
his stand before putting his resignation. This provision becomes the tool of parliamentary
control on policy making. At the time of making a statement, the minister is criticized by the
opponents due to his policy failure that helps in appropriate policy formulation in future. So
far, several ministerial statements have been made regarding foreign policies and on Chinese
issues during different occasions.303

Parliamentary Motions

“A motion is a proposal made by a member to the House that the House does
something or order something to be done or express an opinion with regard to some
303
For details see Naheed Murtaza (1998) 100
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 170

matter.”304 Motion, in different forms is able to restrict the government from misusing its
power and put a check on ministerial and executive monopoly on public will. In other words,
it has been an important tool to control, manipulate and alternate governmental policies in
various ways. It helps to raise urgent issues of public importance before the house within a
short notice while the question hour discussion and short notice questions need more time in
advance to be raised in the Parliament.

To start a motion, the person needs to obtain the floor by seeking the permission from
the Chairman of the Rajya Sabha. After obtaing the floor, the mover moves the motion and
needs to be supported by the second person to proceed further. The Parliament acts on the
proposed direction, if it is approved by the house by a majority vote.

Types of Motions
Unlike the question hour, motion also can be moved by the government or private
members. While the government motions are aimed to obtain the house to introduce any
policy initiatives, private motions are meant to generate opinion of the house on certain
issues. Mostly the motions moved by private members criticize the governmental loopholes
and alternate the ongoing policies. Though various kinds of motions have been practiced in
the Indian Parliament, it can be divided into three broad categories- the substantive motion,
the substitute motion and the subsidiary motion.

1. The Substantive Motion

Substantive Motion is a new proposal to the house by the members to look into
certain issues or propose certain policies to get approval from the house. This kind of motion
comes first as an independent proposal rather than a follow-up. By raising this category of
motion, the member(s) seek the interval of the house on the business of the government or
governmental process. Adjournment Motion, Privilege Motion, Motion of Thanks, Censure
Motion, Call - Attention Motion, Cut Motions, No-Confidence Motion, Motion of Election
and Removal of the Presiding Officer of the houses are some of the motions of this category.

304
Rajya Sabha at Work, published by Rajya Sabha Secretariat, Parliament of India, New Delhi,2006, 637
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 171

a) Adjournment Motion

Adjournment motion is meant for the adjournment of the house and draws the
attention of the house towards a matter of urgent public importance involving serious
consequences. It is a procedure that keeps the normal business of the house aside and raises
the discussion on the matter that severely affects the country‟s security and stability. The
adjournment motion can be raised on any ordinary issue, it can only propose the matters that
have “a direct or indirect relation to the conduct or default on the part of the Union
Government and must precisely pin-point the failure of the Government of India in the
performance of its duties in accordance with the provisions of the Constitution and Law.”305
However, the matters falling under the state list cannot be admissible under the motion. But,
the matter of constitutional development or atrocities against SC, ST and minorities that need
the intervention of central government, may be considered into the motion. Notice for such
motion should be given by 10.00 hours on the day on which the motion is proposed to be
introduced.306

b) Privilege Motion

The Constitution of India extends certain rights and immunities to the members for
the effective discharge of their parliamentary functions. But in certain cases, the members
misuse their privileges and misguide the house, especially giving wrong information. In this
case the member can raise the privilege motion to ask questions on the Breach of Privilege.
This parliamentary tool is often used by the opposition to put a check on the ministerial
monopoly and loop holes of provided information. An advance notice should be given to the
Speaker or Chairperson before 10.00 am of the sitting. If the Speaker feels that the notice
given by the member under this provision is a matter of urgent public importance he may
prefer the motion to be moved over the normal business of the house and no debate will take
place. However, the chair may be asked to clarify certain questions provided by the
members. 307

305
Abstract to the business of Parliament, Parliament of India, http://164.100.47.132/LssNew/abstract/
adjournment_motion.htm
306
Rule 57 of the Parliamentary Procedure of India.
307
SwarajThapa, The Privileges in a Privilege Motion, The Indian Express, Mar 24, 2011 at
http://www.indianexpress.com/news/the-privileges-in-a-privilege-motion/766468/
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 172

Calling Attention Motion

Calling Attention Motion is meant to bring the matters of public importance to the
attention of the government. By raising this motion any member can ask questions to the
concerned ministers on the floor of the house following supplementary questions and demand
clarification and short discussion from the government. On the other side, it gives a chance to
the government to present the case more precisely and clarify the doubts of public interest.
But in practice, this motion is often used to bring out the loopholes and criticize the
government before the Parliament.308

With the prior permission of the Speaker of Lok Sabha and the Chairman of Rajya
Sabha any member may call the attention of the government or minister to a matter of urgent
public importance and ask him to give clarifications and present the developments before the
house. The concerned minister may surface the details or ask for some time to reply. The
member may raise some supplementary questions to seek more information. There is no
provision of Calling Attention Motion in Rajya Sabha. It is the “Motion for Papers”, that is
working as the call attention motion of Lok Sabha. Generally, the important issues of
national and international affairs which significantly affect the security and stability of India
are discussed under the Calling Attention Motion. List of issues from the Chinese incursion
to the recent Italian marine shooting at the coast of Kerala has been discussed in the
parliament in the form of calling attention motion. 309

No-Confidence Motion

No-Confidence Motion is the foremost mechanism available to the Parliament to

check and hold the executive. The no-confidence motion, which is introduced by the
legislators and passed by a majority, would eventually lead to the fall of the government.
Approval of the No-confidence Motion against the government means that the government
has virtually lost the confidence of the house to run the administration and therefore deemed
to be unfit to continue the business. This type of motion is raised to test the constitutional
validity of the government. When majority of the members are against any particular

308
Kashyap, Our Parliament, 134-137
309
“BJP to move motion in Parliament today on Italy's refusal to send back marines”, India Today, New
Delhi, March 13, 2013; and Ashish Mukherjee, “BJP to move motion in Parliament today on Italy's refusal
to send back marines for trial”, NDTV News, March 13, 2013.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 173

decision of the government, they introduce No-Confidence Motion to root out the ruling
government. Generally, no-confidence motion is moved by the members of opposition
parties and is introduced in the house of Lok Sabha. Unlike the censure motion, that expels
the concerned ministers, no-confidence motion targets the whole bench of government. It is
not necessary to show any reason to introduce the motion and can be moved at any point of
time. The procedure to introduce the motion is similar to the procedure of any other motions
and has to be notified before 10.00 am of the sitting of Lok Sabha. According to the
Constitution, the Council of Ministers is bound to resign if no-confidence motion is adopted
by the Lok Sabha.

No Confidence Motions can be an effective deterrent only when the Government

commands a small majority. In coalition Governments, where no single party dominates, the
strength of No-Confidence Motion is the highest. A qualitative reflection on the No-
Confidence Motion suggests that parties should be allowed to pass the Motion of No-
Confidence only when an alternative coalition Government is agreed upon. This would
ensure stability and rationality in using this instrument of accountability. “Implicit in this
proposal is an important assumption that when small parties in the Parliament bring down
Governments, they do so largely for their own benefit. This ability to bring down the
government through No-Confidence Motion should not be confused with holding the
government accountable to Parliament. Thus, while No-Confidence Motions are critical
mechanism of the executive‟s accountability to Parliament, they can sometimes have
perverse consequences”. 310

Censure Motion

Censure motion is a motion that is moved against the ruling party or any particular
group of ministers for its failure to perform its duty in a desired way. Generally, the
opposition parties move the motion to criticize and stop certain policies (including Foreign
Policies) and actions that they feel against the benefit of this country. Before the admission of
the motion into the house, the motion should clearly identify its objective and the charges
against the government. Though the objectives of no-confidence motion and censure motion
seem to be the same, there is a visible difference. While No-confidence motion targets the

310
Kapur and Mehta (2006) 10
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 174

whole government and forces the ruling government to resign, censure motion is moved
against a single or a group of ministers.311

To move a Censure Motion, no such leave is required in the house and the
government has to decide its date and introduce it into the house directly. No specific
provision describes the procedure to raise the motion. However, the general rules prescribed
to move a motion is applicable to such motions 312 and may be admitted as a No-Day-Yet-
Named Motion. 313If the motion is adopted by majority vote, the government has to seek the
confidence of the house. Like the no-confidence motion, censure motion can only be
introduced into Lok Sabha.

Cut Motion

To check the monopoly of the ruling party, the members of the Parliament have been
empowered by the constitution to oppose a demand in the financial bill discussed by the
government. It is known as the Cut Motion. If the Parliament passes a cut motion and the
government does not have the number to defend it, it is bound to resign. 314 As a motion of
financial matter, cut motion can only be introduced into the Lok Sabha.

The Cut motion is divided further into three categories. The first category is the
“Disapproval of Policy Cut” which is meant for the disapproval of the policy cut by passing
the motion mentioning 'that the amount of the demand be reduced to one rupee.‟ The second
type of cut motion is the „Economy Cut‟. This motion is intended to reduce the amount of
demand up to a certain point. And the third category of the cut motion is the „Token Cut‟.
The objective of this motion is to highlight certain grievances within the sphere of the
responsibility of the government. Usually the title of the motion is “The amount of the
demand be reduced by Rupees 100.”315

The Speaker plays a crucial role in deciding whether a cut motion clears the
prescribed criteria given under rule 210 of parliament procedure and should be allowed to

311
Kashyap, Our Parliament, 150
312
Rule 184-89
313
Kashyap, Our Parliament, 151
314
S.K. Das, Encyclopedic Dictionary of Public Administration, Vol. 2 (New Delhi: Sarup & Sons Publication,
2000) 462
315
M. Laxmikanth, Public Administration, (New Delhi: Tata McGraw-Hill Publication, 2011) 358
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 175

move or not.316Any member who wants to raise the motion is given one day in advance or
else it may be cancelled with someone‟s objection.317 If the motion is introduced into Lok
Sabha, a discussion of a general character may take place without going in to the detail of the
grant.318If the Lok Sabha approves any of the cut motion, the government is considered to be
in minority as it failed to defend itself against the motion. Therefore they are obliged to
resign.

The Substitute Motions

Substitute motions are those motions that are moved as a substitute of the original
motion suggesting an alternative option to the previous proposal. 319 The Substitute motions
aim to promote the opinion of the house independently and not dependent over the original
motion.320 While the original motion is on process, a substitute motion maybe moved before
the discussion until the original motion takes place. The substitute motion should contain the
similar subject matter that proposed earlier in original motions with intension to express the
opinion of the house. As both the motions are moved at the house, discussion is allowed on
both original and substitute motions together. However, the house can only vote on the body
of the substitute motion, not to adopt the whole substitute motion. 321 If the house adopted the
substitute motion, the body of the original motion will be replaced with substitute motion and
if suggested for amendment, the original motion may be amended with a majority vote. 322

The Subsidiary Motions

The Subsidiary motions, also known as the dependent motion, moves as a follow up of
other motions of the house. It cannot stand independently and seems meaningless with the
support of the original motion. It also cannot initiate the decision of the house without the

316
Under Rule 211 of Parliament Procedures; for further discussion see U. N. Gupta, Indian Parliamentary
Democracy (New Delhi: Atlantic Publishers, 2003) 287
317
See Rule 212 of Parliament Procedures
318
Rule 214 (3) of Parliament Procedures
319
Kashyap, Our Parliament, 141
320
“Motions”, Chapter VII of the hand book of the Parliamentary procedure in India, available the official web
site of Parliament of India, http://Parliamentofindia.nic.in/ls/direct/dirp7.html
321
Rule 185 of Parliamentary Procedure
322
Kashyap, Our Parliament, 141-42
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 176

reference of the original motion. 323 The subsidiary motion is further divided into the
following three sub-categories:

The Ancillary Motions

Ancillary motions are those motions that are generally considered as the tools to
conduct regular business of the house. It proposes whether the bill will be referred to a
standing committee or that the bill be taken into consideration or that the bill be passed. 324

The Superseding Motions

The members of the Parliament raise the superseding motion to supersede the
question over the ongoing debate of the previous question. It also seeks to refer to the bill to
a select or joint committee or recalculate for eliciting further opinion thereon. 325
The Amendments

Amendment motion refers to the motion that moves to propose a new policy for the
original motion by raising subsidiary motions. Sometimes, the motion even moves to replace
or modify the whole or a certain section of the previous motion, bill or resolution. 326

The Resolutions

Resolution has been one of the significant tools of the parliamentary influence over
the foreign policies. Using their power privileges, parliamentarians raise discussions on
„general public interest‟.327 It may be moved to record the approval or disapproval of certain
government policies or present the opinion or comment of the houses on certain
governmental actions, or persuade for immediate actions and bring the attention of the houses
to the matter of general public interest or the matters that the Speaker of Lok Sabha feels
appropriate.328 Resolutions may be introduced into both the houses and may be moved into
any of the houses like general motions. 329

323
Motions and Resolutions in Parliament (New Delhi: Lok Sabha Secretariat, 2009) 3
324
Ibid.
325
Kashyap , Our Parliament, 142, see also Motions and Resolutions in Parliament (2009) 3
326
Kashyap , Our Parliament, 142-43
327
Under Rule 172 of procedure of Indian Parliament. Detail can be seen at „Resolutions‟, Rules of Procedure
and Conduct of Business in Lok Sabha, (New Delhi: Lok Sabha Secretariat, 2010) 62
328
Motions and Resolutions in Parliament (New Delhi: Lok Sabha Secretariat, 2009) 10
329
Rule 171 of the Parliamentary procedures.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 177

The nature, character, and objectives of the Motions and resolutions are almost the
same. They bear lots of similarities which are not easy to be distinguished. Though the
content and the subject matters remain the same, it is the procedural formality that
differentiates one from the other. However, some visible differences in both the cases do
exist. The important difference of this kind is that, while majority of the resolutions are
passed through voting, some of the motions appeared are accepted by the house through
voice votes or head count method.330

Types of Resolutions

Based on its nature and characteristics, the resolutions are divided into three
categories. They are Private Member‟s Resolution, Government Resolution and Statutory
Resolution, which are briefly discussed below :

Private Members' Resolutions

Resolutions that are moved by the members other than the ministers are called the
private members resolutions. Often, these types of resolutions are moved to bring the matter
of the general public interests before the government and demand suitable actions. Any
private member can move a resolution in either of the house, provided the prior notice should
reach the secretary general of the respective house at least two days in advance. The names
of such applicants are selected by ballot and only three proposals for Lok Sabha and five for
Rajya Sabha are allowed to move in sitting.331 If the Speaker admits, the selected resolutions
will be included into the list of the business of the house. The member is allowed to move the
resolution in the house on an allotted day. Generally, the last two and a half hours of a sitting
of every alternative, Friday are reserved for the private members resolution. 332The concerned
minister and the other interested members are allowed to reply to the resolution and a
discussion takes place before it is adopted.

Government Resolutions

The resolutions which are introduced by the ministers are known as the Government
Resolutions. The procedure for adoptability of such resolutions is almost equal to the private

330
Kashyap , Our Parliament, 145
331
Rule 30 (4), and 170 of Parliamentary procedure
332
Kashyap , Our Parliament, 146
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 178

members resolution. If the minister wants to move the resolution he/she has to give prior
notice to the Secretary General of the house and get fixed the time of the proceeding. After
the resolution is introduced, the debate on the resolution takes place and suggested for
appropriate actions if adopted by a majority vote.333

Governmental resolutions are the most important techniques of the parliamentary

control over foreign policies. Normally, the resolutions are moved to get the approval of the
Parliament on the related international treaties, conventions and agreements or declaring war
or peace with any country or recording its observations and concerns on certain policies of
the national and international affairs.334The resolution passed by the Lok Sabha against the
Pakistani resolution which criticizes the execution of Afzal Guru, the resolution against the
human rights violations by the Sri Lankan Army towards native Tamilians and the resolution
against Chinese aggression are some of the examples that show the significance of this tools
in influencing Indian Foreign Policy decision making.

Statutory Resolutions

Statutory resolutions are tabled with the pursuance of a provision in the Constitution
or an Act of Parliament. The notice to move the resolutions can be submitted to the secretary
general by the ministers or private members. But at the same time certain enactments are
exclusively required to table a resolution with a specified period of time. The resolution if get
adopted is brought before the house for discussion and directs the government to take
suitable actions if passed with a majority vote.335

The resolutions being the powerful tool for the Indian Parliament to influence the
Foreign Policy decision making process have largely been able to guide the external policies
of the country. As the legitimate authority to adopt and execute the policies, the Parliament
so far has utilized the privileges, and passed several resolutions on various international
issues. Similarly the international treaties, agreements and conversions are also brought into
the Parliament in the form of resolutions and trialled before the Parliament or the formal will
of the people for further course of action. Moving a resolution is also one of the frequently

333
Motions and Resolutions in Parliament (New Delhi: Lok Sabha Secretariat, 2009) 13; and Kashyap , Our
Parliament, 146-47.
334
Kashyap , Our Parliament, 147
335
Kashyap , Our Parliament, and Motions and Resolutions in Parliament (2009) 16
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 179

used procedural devices in the Parliament. According to Rule 172, resolution as a procedural
device is available to the members and the ministers to raise a discussion in the House on a
matter of general public interest336. Rule 171 provides that unlike motions in general, forms
of resolutions can be moved in both the Houses. Therefore a resolution moved in the Lok
Sabha would be to convey approval or disapproval by the House of an act or policy of the
Government or convey a message; or commend, urge or request an action or call attention to
a matter or situation for consideration by the Government, or in such other forms as the
Speaker may consider appropriate. On the other hand, a resolution moved in Rajya Sabha
would be a declaration of opinion by the House on any other matter that the Chairman
considers appropriate. The efficacy of resolutions in the Parliament to provide a pathway and
serve as a procedural device in the Parliament and policy making process has been so far
reduced into just a formality.

ROLE OF PARLIAMENT AS AN INSTRUMENT OF ACCOUNTABILITY

The fundamental tenet of the Indian Parliament is to effectively serve as an

instrument of accountability over the Executive. This institutional responsibility has been
rendered dysfunctional because of Parliament‟s own predilection towards delinquency. The
instruments that the Parliament uses for exercising its accountability such as the censure
motion, no confidence motions, committee system or opposition have become highly
politicized and no meaningful attempts have been taken to ensure the efficacy of public
policies. The technicality of public policies such as, the foreign, Defence or strategic policies
– together with the inability of the Parliamentarians to comprehend the characteristics of
specificities are the major institutional challenges that the Parliament faces. According to
Professor Jain, the capacity of Indian Parliament to enforce accountability is hinged upon
various external circumstances including the position and personality of the chief executive
and the constitutional system. 337 Though the constitutional system enables members to
initiate and influence the policy proposals, the impact of these processes is hampered by
certain extra-constitutional factors. The chief among them are (a) the absolute party
majorities of the Government in the central legislature (b) the gradual decline in the stature of

336
Rules of Procedure and Conduct of Business in Lok Sabha, Rule 172
337
R.B. Jain, “Parliament and Policy in India”, Asian Journal of Public Administration, Vol. 6, Issue 2 (1984)
127-152
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 180

men who constituted successive Parliaments in comparison to the ones which followed after
independence and (c) the attitude of the majority of the leaders towards opposition. “The fact
that Indian economy is globalizing has also eroded the power of Parliament in two respects.
Much of the economic decision making is now increasingly governed by international
treaties, and the Indian Parliament is one of the few Parliaments in the world that does not
have a system of effective treaty oversight in place. These treaties are fait accompli by the
time they come to Parliament. Second, India, like many other countries, is restructuring its
regulatory framework with more powers being delegated to non-elected institutions. This
process of delegation can increase transparency and accountability, but Parliamentary
oversight of these institutions remains very weak. 338 ” It must also be noted that when
Parliament abdicates its fundamental responsibility and engages in horse trading, name
calling and theatrics, the real accountability of democratic institutions to the public would
become fictitious and a select group of elites would usurp power to the extent of being
hidden dictators in their respective public spheres.

Accountability of the Executive to the Legislature

Following the Westminster model of the United Kingdom (albeit changes according
to Indian customs and conventions were made) the Legislative and Executive interface
constitutes the primordial feature of the Indian Constitution. Viewed in a theoretical lens, the
executive and the legislature share unhindered mutuality and any public policy is a natural
and normal culmination of the efforts of both the Executive and the Legislature. In the words
of Subash Kashyap, “the Council of Ministers may in a sense be described as the grand
executive committee of the Parliament charged with the responsibility of the Government on
behalf of the parent body [Parliament]…In as much as the Council of Ministers is drawn
from and remains part of the Parliament and responsible to the Lok Sabha, the relationship
may be said to be that of a part to the whole or that of the delegate to the principal and one of
interdependence.” In this sense the roles of executive and the legislature eventually overlap

338
Devesh Kapur and Pratap Bhanu Mehta, “The Indian Parliament as an Institution of Accountability”,
Democracy, Governance and Human Rights Programme Paper, United Nations Research Institute for Social
Development, No. 23, January, 2006.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 181

but the spirit remains the same 339. The extent to which this unity in role differentiation is
understood, however, remains a well guarded secret.

The functions of the executive are distinct from that of the legislature. It initiates,
defends, accelerates, formulates, and executes proposal in the Indian Parliament which
eventually metamorphoses into a public policy. The executive plays a steering role in the
Indian Parliament. The legislature on the other hand performs that of the directing role; it
sees that the vehicle driven by the executive is in consonance to the needs and aspirations of
the people. In this regard, the legislature plays an active role in criticizing, scrutinizing,
evaluating, and extracting information from the executive. To deliberate, discuss, and
ventilate public grievances is also a legitimate role of the legislature 340 . Two important
instruments of accountability in the hands of Parliament are: ensuring ministerial
responsibility and administrative accountability.

Ministerial Responsibility

As to the Ministerial responsibility, the Constitution follows the main principle except
as to the legal responsibility of individual Ministers for acts done by or on behalf of the
President. 341 The principle of collective responsibility is codified in Art 75(3) of Indian
Constitution which states “The Council of Ministers shall be collectively responsible to the
House of People”.

The Ministerial responsibility to the Parliament is based on (1) the constitutional

provision of the responsibility of the Council of Ministers to the popular house of the
Parliament; and (2) Parliament‟s control over the budget. 342 Here it must be noted that the
collective responsibility of the Council of ministers has two important connotations: “the first
that all the members of a Government are unanimous in support of its policies and exhibit
that unanimity on public occasions, although while formulating the policies, they might have
differed in the cabinet meeting; the second that the Ministers, who had an opportunity to

339
For a comprehensive overview of the legislature and executive interface refer, Subash Kashyap, “Executive
Legislature Interface in the Indian Polity”, The Journal of Legislative Studies, 10/2 (2004): 278-294.
340
Subash Kashyap, “Parliamentary Procedure: Law, Privileges, Practices and Precedents Vol.1, (New Delhi,
Universal Law Publishing Company, 2000) 80-82
341
D.D Basu (2001) 189
342
Articles 75, 114-116 and 265. As cited in Subash Kashyap, The Constitution of India, 281
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 182

speak for or against the policies in the Cabinet are thereby personally and morally
responsible for their success and failure.”343 Thus the political nature of the Parliamentary
control over the executive ensures that the continuance of office depends upon the ability of
the Council of Ministers in not losing the confidence of the popular house. The executive on
its part works towards attaining highest confidence levels in the floor, and the legislature, on
the other hand, works towards scrutinizing the confidence of the executive and eventually
ventilating public grievances. Ministerial responsibility to the popular house is ensured by
various parliamentary mechanisms, such as parliamentary question, motion, resolution,
presence of strong opposition, etc.

The Opposition

Ministerial responsibility to the House of Parliament is also ensured through the

system of opposition. The members of the opposition party are the strongest evaluators of the
policies of the Government, and theoretically their critical reflections on a policy proposal of
the Government would provide clarity and purposiveness in public policy. In a Parliament
where the Government controls the majority, the role of opposition would be minimum and
policy outcomes will reflect only the Government‟s position. However, when the
Government does not control a substantive majority in the Parliament, the role of opposition
in throwing the bargaining lever is to the extent that the policy making could be shaped by
the opposition. The members of the opposition can also be the legitimate policy makers of
the Government in the future. Hence, to pose credibility in their role as thoughtful policy
makers, substantive suggestions, criticisms and opinions are expected from the opposition.

In reality, opposition members do not effectively hold the ministers accountable for
several reasons. One, the issues raised by the members are mostly reactive than proactive
which is one of the prominent organizational weaknesses of Indian political system.
Therefore, much of their discussions are rhetorical. Two, unlike the United Kingdom, the
system of shadow cabinet is absent in India which hampers any specialist advice to the ruling
Government. Therefore there is little scrutiny over the matter discussed by the Government.
Third, opposition today raises matters for the sake of criticizing or overthrowing the

343
D.D. Basu (2001) 190. His citation shows Common Cause, A Registered Society v. Union of India, (1999) 6
S.C.C 667 (para 3) : A.I.R 1999 S. C. 2979.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 183

Government on flimsy grounds. Members of the opposition see the ruling Government as
enemies and opposition is cast on virtually every policy proposal emanating from the
Government. Eventually, there is a huge waste of time, money and resources in deliberations
rather than actions.

Budgetary Control

The Constitution ensures the supremacy of the Lok Sabha in financial matters. At the
beginning of every financial year, the President shall ask to lay down the statement of the
estimated receipts and expenditure of the Government of India before both the Houses. This
344
is known as the “annual financial statement.” According to Article 113 of the Indian
Constitution, the estimates as related to other expenditure shall be submitted in the form of
demands for grants to the House of the People, and that House shall have power to assent or
to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the
amount specified therein. No demand for a grant shall, however, is made except on the
recommendation of the President.

The financial system, therefore, starts with the presentation of Annual Financial
Statement (i.e) the budget. After the presentation of the budget there is a general discussion
of the Statement as a whole in either house. This discussion would largely be generalistic
relating to a policy and would also involve reviewing and criticising the Government. In this
regard grievances of the people are voiced. Neither motion nor voting is made at this point.
Beyond general discussions, the Rajya Sabha would not be entitled to participate in voting
for grants. The special prerogative of the Lok Sabha in this regard is the voting of the grants.
According to Article 113(2) of the Indian Constitution the estimates are submitted in the
form of demands for grants on the particular heads after the general discussion and it is
followed by a vote of the House on each of the heads.

The most important tenet of the Indian Constitution in the budget is that it is laid
down according to Article 265 which reads that “no tax shall be levied or collected except by
authority of law”. In other words, the Constitution states that the Executive cannot impose
any tax without the formal approval of the legislature.

344
Article 112. As stated in D. D. Basu (2001) 218
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 184

In brief, a check on budget is one of the important tools in the hands of the Parliament
to hold the Government accountable. During general discussions on the budget, the members
deal with the general aspects of the fiscal and economic policy. There is a clear reflection of
the mood of the house on the budget and the Government gets an idea as to how a particular
proposal will be taken at the subsequent stages. It is only during the discussion on the
demand for grants, the policy and the working of the ministry comes for detailed scrutiny by
the Parliament. Time is allotted to each ministry for discussing demands relating to that
particular ministry. It is open to members to disapprove a policy pursued by the ministry or
to suggest measures for economy in the administration or to focus attention of the ministry to
specific local grievances. The members can do so by moving a subsidiary motion to the main
motion for demands for grants. These subsidiary motions are called Cut Motions. There are
three types of Cut Motions. The most drastic is the Disapproval of Policy Cut which says that
the amount of demand be reduced to Re.1. It implies that the mover disapproves of the policy
underlying the demand. Then there is Economy Cut which seeks to reduce the demand by a
specific sum with a view to effect economy in the expenditure. The form of this motion is
that the amount of the demand be reduced to a specified sum and lastly the Token Cut which
says that the amount of the demand be reduced by 100 rupees. The object of this motion,
which is the most widely used form of Cut Motion is to voice a particular grievance for
which the Government of India is responsible.” 345 In recent times, after 1994-95, Standing
Committees examine and discuss the demand for grants and report to the House.

The efficacy of financial accountability of the Parliament is also sceptical. “The most
important fact is that while committees can examine the budgetary grants of various
ministries, there is no Parliamentary scrutiny and control of public borrowing. In India, the
Constitution and the laws place no limits on the extent of public borrowing.” 346 The nature of
caretaker Government in utilizing the contingency fund, without any authorization of the
Parliament, has also been criticized. 347

To conclude, the institutional challenges the Indian Parliament faces in holding the
executive accountable is theoretically strong, but in practice it suffers from anomalies quite

345
Kashyap, Our Parliament, 157-158
346
Kapur and Mehta (2006) 24
347
The caretaker Government cannot go to the house for approval because the house stands dissolved.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 185

distinct in itself. Instruments of accountability have been seldom used to ensure good
governance and in defence and strategic policy making, Parliament is relegated to the status
of non-performer. Administrative accountability is used by the Indian Parliament on most
foreign and defence policy making, which will be discussed below.

Indian Parliament and the various components attached to it are explained in detail to
have a clear picture of the history and functions of the Parliament. The constructive face of
the Parliament reveals the fact that it has been the oldest Parliamentary democracy which
performs various important functions of which public policy making is taken in the main
frame of the study. In this research the Parliament is seen from the lens of policy making,
which comes with the reflection of the influence of the Parliament on policy making issues. It
is equally important to understand the flaws and short comings of the Parliament which will
bring out many suggestions for the betterment. Though the Indian Parliament exercises
effective instruments to have checks on accountability of executive to legislative, it is still in
the grey side on the aspect of security and Defence policy making. It has become highly
politicized and no meaningful attempts have been made to ensure the efficiency of the
important public policies. Indian Parliament being a non-performer in the issues of Defence
and strategic policy making is due to many reasons, some of which are the technical
difficulties in understanding the base of Defence and Strategic policies and the inability of
the Parliamentarians to understand the characteristic features of the India‟s strategic intent
which poses an institutional challenge to the Parliament.

ROLE OF PARLIAMENT AS THE CHANNEL OF DIPLOMACY

Apart from legislation and policy scrutinisation, the parliament also works as the
channel of bilateral and multilateral diplomacy and directly involves in transnational
communication/Interaction/negotiation, which is popularly called as the „Parliamentary
Diplomacy‟. The term Parliamentary diplomacy refers to a wide range of activities
undertaken by the members of parliament, or parliament as an institution, to increase mutual
understanding between countries and to improve scrutiny of government. 348 In terms of
foreign policy, „parliamentary diplomacy‟ is the “means by which two or more parliaments

348
Frans W. Weisglas, Gonnie de Boer, “Parliamentary Diplomacy” The Hague Journal of Diplomacy 2 (2007)
93-99
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 186

conduct an ongoing dialogue with regard to key bilateral and international issues”.349 The
direct engagement of parliament in international relations provide greater scope for the
legislators to understand the international issues better and help to resolve outstanding issues.

Role of Parliamentary Diplomacy in Foreign Policy Decision Making

For its traditional business to debate and discuss the issues of external relations, the
modern parliaments have subsequently extended their sphere of involvement in foreign
policy decision making in the recent years, and engage in direct interaction with foreign
delegations and institutions on external affairs. This direct involvement, often called as
„parliamentary diplomacy‟ is multidisciplinary in nature which can be divided into two broad
categories of analysis, the legal analysis and the political analysis. In the legal aspects, the
parliament examines the “institutional competence of regulated Parliaments in the area of
international relations of the country” and in the political aspects, the parliament
interacts with other foreign parliamentary delegations through various multilateral
events. However, in general, parliamentary diplomacy refers to “the activities carried out
by the Parliament in international relations, both within the limits of institutional
competence and as a central factor of internal political scene.” 350

349
Parliamentary Diplomacy, AGORA, http://www.agora-parl.org/resources/aoe/parliamentaryinstitution
/parliamentary-diplomacy
350
George Noulas, “The Role of Parliamentary Diplomacy in Foreign Policy” Foreign Policy Journal, October
22, 2011. http://www.foreignpolicyjournal.com/2011/10/22/the-role-of-parliamentary-diplomacy-in-foreign-
policy/
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 187

Though the term „parliamentary diplomacy‟ has been widely discussed in recent
years, it is not a new concept. In 205 BC, the Roman Senate for instance, had played
significant role in, first suing for peace and then sanctioning war with Philip V of Macedon
after the failure of the Treaty of Phoenice. 351 During the Cold War period, it has been a
powerful mechanism to dialogue on bilateral security cooperation in Europe. In the
subsequent years, the parliamentary diplomacy served as a testing ground and a means of
harnessing the resources of East-West dialogue and, through parliamentary diplomacy, broke
the impasse on many occasions when government negotiators were unable to progress.352
More recently, the emergence of various regional and international organizations, such as
SAARC, European Union and United Nations has provided a new shape to the parliamentary
diplomacy, which has been further adopted by most of the modern democracies. The
parliamentary diplomacy normally performs the following activities:

• Establishment of Bilateral friendship groups, mostly comprised with respective

parliamentarians between the countries to understand each other and to review the
bilateral issues.
• Materialisation of mutual cooperative agreements between the parliaments and the
establishment of inter-parliamentary bodies to promote the bilateral relations between
the countries on various subjects of mutual interest.
• Institutionalised and regular interaction between the regional and sub-regional
parliamentarians to identify and understand the regional issues and promote regional
consensus to address the issues.
• Regular exchanges of parliamentary delegations and study groups, political parties
and parliamentary committees between the countries for the smoothening of the
governmental rigidity and the strengthening of their bilateral ties.
• Periodical hosting of bilateral, regional, and international level meetings, conferences,
and conventions of inter-parliamentary organisations and study groups to share and
learn the new developments of parliamentary practices.

351
Daniel Fiott “On the Value of Parliamentary Diplomacy” Madariaga Paper , Vol. 4, No. 7 (Apr., 2011)
http://www.ies.be/files/Fiott%20Parliamentary%20Diplomacy.pdf
352
David Beetham, Parliament and Democracy in The Twenty-First Century: A Guide to Good Practice
(Geneva: Inter-Parliamentary Union, 2006) 173
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 188

• Organization of regional and international conferences with parliamentary

committees from neighbouring countries on mutual apprehensive issues to understand
and resolve the issue.
• Organisation of bilateral and multi-lateral meetings of inter-parliamentary
organisations, parliamentary committees and parliamentarians between the concerned
and effecting countries to examine and resolve conflicts.
• Organisation of international colloquiums and other confidence-building measures in
order to promote common understanding on existing mutual conflicts.
• Work carried out by individual parliamentarians such as envoys to promote peace
processes. They take part in ad hoc working groups on particular issues.
• Periodical meetings between parliamentarians and accredited ambassadors to
understand the existing bilateral issues and resolve it.
• Continuous bilateral and multilateral technical, procedural and experience sharing
cooperation between parliaments and parliamentary committees.
• Establishment of political ombudsmen's offices mandated to investigate inter alia
actions taken by a political party that are likely to constitute a breach of an agreement
between political parties.353

India has been practicing the parliamentary diplomacy since independence. On

various occasions, Indian parliamentary delegations, speakers, parliamentarians and various
political parties visited the neighbouring and other democratic countries and interacted with
the foreign delegations. Similarly, foreign parliamentary delegations come to India regularly
to discuss and understand Indian democratic experiments. India has been participating in the
Assembly of Inter Parliamentary Union (IPU) regularly, which provides an ideal platform to
our parliamentarians to interact with world leaders and study their successful parliamentary
practices. Apart from IPU, India also participates in the Annual conference of Association of
SAARC Speakers and Parliamentarians, Commonwealth Parliamentary Conference,
Commonwealth Speakers and Presiding Officers Conference, G-20 Speakers' Consultation
Meeting and Third World Conference of Speakers of Parliaments regularly. Besides the

353
“Parliamentary Involvement in International Affairs”, A report by the Inter-Parliamentary Union (IPU) to the
Second World Conference of Speakers of Parliaments, New York, 7-9 September, 2005.
www2.ohchr.org/english/issues/development/docs/ipu.doc
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 189

summit level participation, Indian parliamentary delegation usually visits neighbouring

countries and discusses various issues with the respective parliamentarians. Former Speaker
Meira Kumar for instance, visited Pakistan with the Indian parliamentary delegation and
discussed various issues with her Pakistan counterparts, which has helped to improve the
bilateral relation between India and Pakistan. 354 Similarly, she also led several parliamentary
delegations to Slovenia, Belarus, Myanmar, Canada, Sri Lanka, New Zealand, Uganda, ,
Pakistan, Chile, Uruguay and Paraguay, Iran, Japan, Denmark, Sweden, Vietnam, Panama,
Mexico, United Kingdom, Kenya, Mongolia, Hungary, Luxembourg, Bhutan, Mauritius and
Austria during her ten years of service as the Speaker of Lok Sabha. 355

Despite the contribution of parliamentary diplomacy in conflict resolution, it neither

imitates nor replaces the traditional governmental diplomacy. It works just as a channel of
diplomacy between conflicting parties and provides a platform to understand each other‟s
stand. Being unshackled by instructions from governments, the parliament diplomacy is an
effective instrument to put across views which the official government representatives are not
able (or willing) to convey. It can supplement government diplomacy because members of
the parliament can be more flexible when engaging in diplomatic activities. They are not,
after all, bound by the positions taken by the government and can transcend their own
government's interests. Parliamentary diplomacy provides a forum to smoothen and to deal
with misunderstandings, complementary to and enriching and stimulating traditional forms of
diplomacy. The personal contacts between members of parliament of different states are
likely to enhance mutual understanding and establish alternative channels beneficial for
bilateral relations between countries.

ROLE OF PARLIAMENTARY COMMITTEES IN FPDM

As the Parliament has been over loaded with legislative and administrative tasks, it can
hardly spare time to scrutinize and discuss the matters coming before it. Additionally, with its
huge size, it is difficult to make concession among the members of the Parliament to make
some policies. Therefore, the role of the Parliamentary committee is highly obliged which

354
“In a first, Meira Kumar to visit Pakistan” Hindustan Times, New Delhi, Feb 08, 2012.
http://www.hindustantimes.com/newdelhi/in-a-first-meira-kumar-to-visit-pakistan/article1-808209.aspx
355
See Profile of Meira Kumar, Office of the Speaker of Lok Sabha, http://speakerloksabha.nic.in
/former/meirakumar.asp
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 190

not only scrutinizes the matter carefully, but also makes important suggestions to bring the
efficiency to the Foreign Policy of the country. While playing the mediatory role between the
executives and legislators, the Parliamentary Committees are taking appropriate suggestions
from all the available sources and tune the policies to maximize the national interests. In
some cases, it also reaches to the people and affects organizations for their valuable inputs.

Types of Committees

Looking at the nature of composition and function, the parliamentary committees are
broadly divided into two types, the ad hoc committees and the standing committees. While
the ad hoc Committees are specially created to look after some specific jobs temporary in
nature, the standing committees are constituted more or less on a continuous basis. A brief
discussion of the committees has been given below:

The ad hoc Committees

Ad hoc committees are created for a special purpose, mostly to examine as well as to
review a particular task. These committees are always temporary in nature and cease to exist
as soon as their task gets completed or submit their report. The ad hoc committees could be
further divided into two categories- the ad hoc committees of special assignment and the
Select or Joint Committees on bills. The ad hoc committees of special assignment are setup,
either by the two Houses on a motion adopted on that behalf or by the Speaker/Chairman to
analyze and report on particular matters at times of requirement. Committees like the Five
Year Plan Committee, Committees for Amendment of Election Law (1970), Shah Nawaz
Committee on the Death of Subhash Chandra Bose (1956), Balwant Rai Mehta Committee
on the Working of the Community Development Programme (1952) and the National
Extension Service (1953), Ashok Mehta Committee on Panchayati Raj (1977), Narasimham
Committee on Banking Sector Reforms (1998), Sachar Committee on Condition of Muslims
(2005), Srikrishna committee on Telangana (2010), etc. are some of the examples of the ad
hoc committees of special assignment which were set up for a special purpose and ceased
after the end of the respective assignment. The Select or Joint Committees on Bills are
primarily constituted by either house of the parliament or jointly to scrutinise specific bills of
the parliament. For these kinds of committees, the rules and procedures are usually laid down
by the direction of the Speaker of Lok Sabha or Chairman of the Rajya Sabha respectively.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 191

They scrutinize the contents and procedures and incorporate public opinions into the bills.
They due verifications and they send back the bill to the parliament for legislation. 356

The Standing Committees

The second type of committees are the Standing Committees which function
permanently and constituted in both the houses of parliament and in some cases jointly by
both the house to deal with the important business of the house. The primary responsibility of
these committees is policy formulation and execution. The Financial Committee, House
Committee, Scrutiny Committee, and Service Committee are some of the standing
committees to name a few. 357 Based on the nature and style of function of the standing
committees, it can further be divided into six broad categories as follows:

1. Financial Committees
Being answerable to the public, the Parliament exercises its power of executive
accountability over the executives. Using the parliamentary committee system, it scrutinizes
and oversees the working of various departments. To carry out these tasks of parliamentary
supervision over various governmental schemes, three financial committees, namely the
Committee on Estimates, the Committee on Public Accounts and the Committee on Public
Undertakings were formed on 10th April 1950. While the Committee on Estimates and Public
Accounts constitute the members of the Rajya Sabha, the Committee on Public Undertakings
constitutes members from the Lok Sabha. These committees examine the governmental
expenses and give valuable recommendations to the government for better financial
management.358
2. House Committees
The transcendence of participatory democracy depends upon the smooth functioning
of the parliamentary system. Hence, a group of parliamentary standing committees have been
constituted to deal with the day-to-day business of houses as well as to facilitate the
meaningful and uninterrupted functioning of the parliamentary proceedings. They scrutinize
the bills and procedure of parliamentary proceedings and organise parliamentary questions

356
S.G. Deogaonkar, Parliamentary System in India (New Delhi: Concept Publishing Company, 1997) 223-24
357
Kashyap , Our Parliament, 190
358
Lok Sabha, Parliament of India, the Ninth Lok Sabha, 1989-1991: A Study (New Delhi: Northern Book
Centre, 1992) 37
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 192

and debates. Committees such as the Committees Absence of from Sittings of the House,
Business Advisory Committee, Committee on Private Members Bills and Resolutions and
Rules Committee are some of the examples of these types of committees.359
3. Enquire Committees
Enquire Committees are meant to look after the matters related to parliamentary
petitions and privileges. They review, consider and report on petitions presented to the House
and analyse questions involving breach of privilege of the House or of the members of any
Committee. Committees that are coming under this category are Committee on Petition and
Committees on Privileges.360
4. Security Committees
The Security Committees have been setup to scrutinize parliamentary questions,
debates and papers laid on the tables of the parliament and check the constitutional validity
of the matter that are referred to the parliamentary discussion. The committees also follow
the promises and assurances of the ministers that have been made in the floor of the
parliament. These types of committees include, the Committee on Government Assurances,
Committee on Subordinate Legislation, and Committee on Papers Laid on the Table, and The
Committee on the Welfare of Scheduled Castes and Scheduled Tribes. 361
5. Service Committees
Service committees have been constituted to facilitate various schemes and services
to the members of the parliament and look after the issues related to their salaries and
accommodation. Committees like General Purposes Committee, House Committee, Library
Committee and Joint Committee on Salaries and Allowances of the Members of the
Parliament are some of the examples of Service Committees.
6. Departmental Related Standing Committees
Apart from the above parliamentary committees, several special standing committees
have been setup to look after the issues related to various important ministries and
departments. Known as the Departmental Related Standing Committees (DRSC), these
special committees play a significant role in scrutinizing and overseeing the functions of the

359
“Parliamentary Committees”, Parliament of India, http://parliamentofindia.gov.in/ls/intro/p21.htm
360
Ibid.
361
Virendra Kumar, Committees And Commissions In India Vol. 1 : 1947-54 (New Delhi: Concept Publishing
Company, 1976) xv-xvi
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 193

various activities and schemes of the respective departments. The structure and function of
the DRSC have been discussed at a greater length separately. 362

Composition and Function of the of Parliamentary Committees

The procedure for the composition and strength of the parliamentary committees
varies from committee to committee. In general, the members of the committees range from
15 to 30. These members are either elected or appointed by the House by the motion, or
nominated by the Chairman in the case Rajya Sabha or by the Speaker in the case of Lok
Sabha. However, the members of the select or joint committee are appointed on a motion
adopted by the respective house.

Other Committees

Apart from the above mentioned Standing Committees there are some committees of
special importance which are often called as the „Watch dog‟ of the Indian Parliament. The
primary function of these committees is to scrutinize the function of various ministries,
departments as well as other governmental agencies and ensure administrative accountability.
These are, the Committee on Subordinate Legislation, the Committee on Government
Assurances and the three financial committees, namely the Committee on Estimates, the
Committee on Public Accounts and the Committee on Public Undertakings. While the
Committee on Estimates and Public Accounts are constituted out of the members of the
Rajya Sabha, the members of the Committee on Public Undertakings are drawn from the Lok
Sabha. The Committee on Estimates, the Committee on Public Accounts, the Committee on
Public Undertakings and DRSCs hold significant power to scrutinize the governmental
expenditure and Policy formulation.

Departmentally Related Standing Committees

After years of careful study of its experiments in major democratic countries such as
United Sates, United Kingdom and Australia, the system of Departmentally Related Standing
Committees (DRSC) was set up in India to review and facilitate the policy making process of
various ministries. These committees were setup following the approval of both the houses in
April 1993 and replaced the old system of „Subject Committee‟ of 1989 which was first

362
Ibid.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 194

constituted to assist the three important departments such as Agriculture, Science and
Technology, and Forests. As a result, seventeen Departmentally Related Standing
Committees, including the Standing Committee on External Affairs were set up in April
1993. After considering the satisfactory performance of the DRSC system for a decade, the
Parliament of India increased the numbers of standing committees to 24 in July 2004. 363

The jurisdiction of these committees is confined to their respective Ministries and

Departments and gives important policy advice to their respective ministries on all the
matters of administration. These Committees are Committee on Commerce, Committee on
Home Affairs, Committee on Human Resource Development, Committee on Industry,
Committee on Science & Technology, Environment & Forests, Committee on Transport,
Culture and Tourism, (all from Rajya Sabha) Committee on Agriculture, Committee on
Information Technology, Committee on Defence, Committee on Energy, Committee on
External Affairs, Committee on Finance, Committee on Food, Civil Supplies and Public
Distribution, Committee on Labour and Welfare, Committee on Petroleum & Chemicals,
Committee on Railways, and Committee on Urban and Rural Development (all from Lok
Sabha). While the first six Standing Committees are constituted out of the members of the
Rajya Sabha, the rest of the committees are drawn from the Lok Sabha. 364

The members of each of the Departmental Related Standing Committees are drawn
from both the houses on the ratio 2:1 and the overall membership of each committee should
not be more than 45. Out of which 30 should be nominated from Lok Sabha and the
remaining 15 should be from Rajya Sabha. The speaker nominates the Chairman of the
committee who leads the committee after due consultation with the various party leaders.365
The term of the committee members is one year.366

The primary function of the standing committees is to review the functioning of

the respective ministry and to scrutinize the important policies and legislations for the
ministry. It also analyses the annual report and the long term national policy documents

363
“Parliament Committees”, Parliament of India, http://parliamentofindia.gov.in/ls/intro/p21.htm
364
Ibid.
365
Singh Hoshiar, Indian Administration (New Delhi: Pearson Education, 2011) 78
366
V. K. Agnihotri, Handbook on the Working of Ministry of Parliamentary Affairs (New Delhi: Concept
Publishing Company, 2004) 44-45
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 195

that are referred to the parliament. The committee gives its feedbacks and suggestions on
various government policies and other administrative responsibilities of the ministries.

Role of Parliamentary Committees in Foreign Policy Making

The institutionalization of the parliamentary committee system is one of the

significant developments in the Indian parliamentary democracy and the most important
instrument of parliamentary influence on foreign policy decision making. Along with the
parliament, the committee system also works as a complementary mechanism to guide,
recommend, scrutinize and felicitate the procedure of policy formulation and execution. The
uniqueness of the parliamentary committee is, its members are drawn from both, ruling and
opposition parties which enable them to take a balanced view on crucial policy decision.
Besides promoting parliamentary influence on policy making, the committee system also
works as an important check on the executive powers and governmental monopoly on policy
planning.

The three financial committees, which often called as the „watch dog‟ of
governmental expenses, have greater influence in foreign policy formulation by exercising
their financial control. The Estimate Committee examines the financial allocations and
checks the bad expenses of governmental agencies. It also suggests alternative policies and
recommends measures for economic improvement. Though the estimate committee does not
make policies, its work is closely allied to policy formulation. As a result, it minimizes the
bureaucratic monopoly and ensures parliamentary involvement in policy making. So far, the
estimate committee has prepared several reports to External Affairs Ministry. The Estimate
Committee during the second Lok Sabha for instance, produced the 138th report, on the
financial management of the Ministry of External Affairs in 1960-61 and suggested several
administrative measures for effective financial administration of Foreign Office and Indian
Missions abroad. 367Similarly, the estimate committee of the third Lok Sabha also issued the
12th report on the recommendations taken by the 138th report and produced several suggestive
reports on the working of International Trade Ministry after a thorough analysis of their

367
J. Bandyopadhyaya, The Making of India's Foreign Policy (New Delhi: Allied Publishers, 2003) 97
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 196

functioning. 368 The Estimate Committee of the sixth Lok Sabha also prepared a similar report
in 1978 which pushed further administrative reforms. 369 The Public Accounts Committee,
which ensures the proper spending of allocated amounts and maintain high standards of
administrative accountability in financial matters also has the power to scrutinize the
accounts of the various ministries, including the financial records of Ministry of External
Affairs. The committee also inspects suspicious activities of the ministries and takes action
against the individuals and organizations in case of any irregularity. Apart from the financial
detention of foreign policy, the committee also plays a decisive role in arms purchases from
foreign countries, which is one of the important aspects of India‟s foreign policy. 370 The
committee has prepared four reports on the appropriation accounts and audit reports for a
group of ministries, including the Ministry of External Affairs. Similarly, the public accounts
committee also tabled the 57th report on the expenditure incurred by the External Publicity
Division of the Ministry of External Affairs in the parliament for appropriate decision. 371

In addition to the financial committees, the standing committees are also empowered
to influence the foreign policy behaviours of India. Out of all the standing committees, the
Committee on Subordinate Legislation and the Committee on Government Assurance pose
larger impact in influencing India‟s foreign policy. While the Committee on Subordinate
Legislation ensures the uniformity of the procedure in law making and examines the
constitutional limits of the administrative authority in policy making, the Committee on
Government Assurance ensures the materialization of the parliamentary promises, assurances
and undertakings that are made by ministers in the floor of the parliament and responds to the
parliamentary questions, and reports the unimplemented promises to the concerned
ministries. 372

These two committees check on the power of the government monopoly and
minimize the misuse of the parliamentary privileges on policy making. Though their effect

368
Judhith M. Brown, “Foreign Policy Decision-Making and the Indian”, Journal of Constitutional and
Parliamentary Studies 3, no. 2, (June 1969) 40
369
Bandyopadhyaya, The Making of India‟s Foreign Policy, 97
370
Jayantanuja Bandyopadhyaya, A General Theory of Foreign Policy ( New Delhi: Allied Publication, 2004)
209
371
Brown, “Foreign Policy Decision-Making”, 41
372
M.N. Kaul , & S.L. Shakdher , Practice And Procedure Of Parliament (New Delhi: Lok Sabha Secretariat,
2001) 712-13
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 197

on the process of foreign policy decision making remain relatively minimal, these
committees are still empowered to scrutinize the legislation process which eventually guides
the course of India‟s foreign policy by ensuring prescribed legislative process in policy
formulations and materialization of the ministerial promises. On the other hand, the
government often respects the suggestions and recommendations made by the committees
and takes proper steps to address their concerns.

Consultative Committee on External Affairs

Consultative committees are informal committees which assist the government in

framing policies. The tradition emerged out of the informal practice of the then Prime
Minister Jawaharlal Nehru, where he used to consult various issues of Indian foreign policy
with the interested members of the parliament. During the Nehru administration informal
meetings for important ministries were held on regular bases, were latter followed by his
successors. This practice was later developed in other ministries and has been
institutionalized. Subsequently, in 1969, the discussion to setup such kind of informal
committees and their modus operandi with leaders of the opposition parties was initiated and
decided to name these committees as “Consultative Committees”. The enacted guidelines for
the constitution and the function of the committees were also subsequently approved by the
Cabinet.

Constitution and Functions of Consultative Committee

The Consultative Committee comprises of members from both the houses of

parliament. Generally, the process of constituting the consultative committee for various
ministries starts after the general election and as and when necessary. After the constitution
of the Council of Ministers, the Minister of Parliamentary Affairs invites the members of
different parties to be the members of the committee, out of which the members for the
Consultative Committee are nominated from both the houses. The strength of the
Consultative Committees varies from time to time and ministry to ministry, but should not be
more than 40 at any given point.373 The Consultative Committee on Ministry of External
Affairs and Overseas Indian Affairs is currently having 27 members excluding the External

373
V.K. Agnihotri, Handbook on the Working of Ministry of Parliamentary Affairs (New Delhi: Concept
Publishing Company, 2004) 79-84
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 198

Affairs Minister, who is also the ex-officio Chairman of the committee. The committees meet
about four times in a year. Before the meetings the ministry of parliamentary affairs
discusses with the members of the committee about the issues for the agenda. During the
meeting the minister offers only oral answers on the agenda items and neither the written
notes nor the minutes of the meeting are put on circulation due to security reason in external
affairs.374

Though the Consultative Committee on External Affairs is an important instrument in

influencing India‟s foreign policy, it has no authority or responsibility in practice, mostly due
to its informal character. At best, the members can make recommendations to the ministers
on certain policies of the government, but is not obliged nor can be compelled to materialize
their suggestions.375 But nevertheless, the meetings of the Consultative Committee minimize
the gap between the government and the opposition leaders and ensure clarity in policy
making. Due to the confidentiality in committee proceedings, the working Consultative
Committee is never disclosed to the public, hence its effectiveness has never been put on test.
In addition, the minister often refuses to pass out information to the members of the
committee and mislead the committee with wrong information. But, the committee meeting
is often used as a platform for the interested parliamentarians to seek sensitive information
that have not been placed in the floor of the parliament due to its confidentiality. This
committee process reduces the burden of the parliament which enables the parliament to
discuss the important matters of internal interest including matters related to foreign
affairs.376

Standing Committee on External Affairs

The Standing Committee on External Affairs (SCEA) was first set up on April 8,
1993 along with other sixteen Departmental Related Standing Committees. The prime
objective of the committee is to assist the policy makers in the formulation and management
of India‟s Foreign Policy. As a consulting body in policy making, it analyzes the referred
proposals and gives its report after thorough research and inputs.

374
Subhash Shukla, Foreign Policy of India (New Delhi: Anamika Pub & Distributors, 2007) 2015-16;
Agnihotri, Handbook on the Working of Ministry of Parliamentary Affairs, 79-84
375
Sita Ramachandran, Decision-making in Foreign Policy (New Delhi: Northern Book Centre, 1996) 25
376
Brown, Foreign policy Decision-Making, 42-43
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 199

Composition and Tenure of SCEA

The Standing Committee on External Affairs is one of the important committees in

parliamentary committee system in India. Being a joint committee, it consists of the members
from both the houses. The overall membership of the committee has been fixed as 31. While
the Speaker of Lok Sabha selects 21 members, the remaining 10 members are nominated by
the Chairman of Rajya Sabha. However, a minister is not eligible to become the member of
the committee. If a Member is appointed as a Minister, he or she ceases to be the Member of
the Committee. The Speaker also nominates the chairman of the standing committee.
Considering its multidimensional tasks, several sub-committees or Study Groups have been
created within the committee to deal with different specialized tasks. The standing committee
also consults with various subject experts at the time of need. The tenure of the Standing
Committee on External Affairs is one year from the date of its constitution, unless the Lok
Sabha is dissolved earlier. 377 The present strength of the Standing Committee on External
Affairs (2014-2015) is 28 out of which, 20 members are elected from the Lok Sabha and the
reaming eight members are represented by Rajya Sabha. The committee is presently chaired
by the opposition member Dr. Shashi Tharoor of Indian National Congress Party.

Functions of Standing Committee on External Affairs

The functions of the Standing Committee on External Affairs are multidimensional in

nature. It examines the cases referred to it and gives its inputs regarding the proposal. It has
some sub-committees and study groups to focus on different jobs of their area of
specialization. The committee is assisting two different ministries in policy formulation, the
Ministry of External Affairs (MEA) and the Ministry of Overseas Indian Affairs (MOIA).
The subjects coming under the standing committee are defined time to time considering its
importance. The subjects for the standing Committee on External Affairs 2012-2013 are:

1. Restructuring of Indian Foreign Service and functioning of Indian Missions and Posts
abroad
2. Passport Seva Project-targets and achievements
3. India‟s Energy Diplomacy
4. India‟s Economic Diplomacy

377
“Standing Committee on External Affairs Lok Sabha” published at official web site of Parliament of India, at
http://164.100.24.208/ls/committee/drsc05.htm
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 200

5. Rendering and administration of scholarships by ICCR

6. Welfare of Indian workers abroad
7. Problems being faced by Indian Students abroad
8. Reforms in Emigration System378
Based on these issues the standing committee performs different tasks as discussed below:379

Assessment of Demands for Grants and Bills

Following the budgetary presentation, the Standing Committee on External Affairs

examines the demands sought by the ministry and presents its report to the house. Based on
the committee report, the house takes the decision and sanctions the budget for the ministry.
In the case of any bills referred to the committee, it presents its report after thorough
investigation on the issue.380

Examination and Reporting of Ministerial Annual Reports

The committee examines the various actions of the Ministry of External Affairs and
Ministry of Overseas Indian Affairs and prepares its report based on its observations. It also
makes some recommendations over certain policies and presents it on the house by its
Chairman. So far 34 reports have been prepared and presented before the house. 381 The
ministry is requested to take actions based on its observations and recommendations.

Analyzing Basic Long Term Policy Documents

Including other policies of the Ministry Of External Affairs, the standing committee
also is authorized to analyze the long term government policies related to the matter of
external affairs. Thus, the committee may study certain policies and ask clarification
regarding the policies and make its observation before the house so that the lacunas can be
rectified.

378
Selection of Subjects by the Standing Committee on External Affairs, as published under the Bulletin of the
Lok Sabha, Part-II, No. 4567, dated November 1, 2012.
379
Rules Relating To The Department-Related Parliamentary Standing Committees, published under the official
website of the Rajya Sabha, at http://rajyasabha.gov.in/rsnew/rs_rule/rulesdrpscs.asp ( cited on April 3,
2013)
380
“Standing Committee on External Affairs Lok Sabha” published at official web site of Parliament of India, at
http://164.100.24.208/ls/committee/drsc05.htm
381
A list of such reports can be seen at the official website of Parliament of India at http://164.100.47.133/ls/
committee/exaff/annexureII.htm
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Briefing by Government Officials

If the committee asks for the briefing of important international development, the
officials of the Ministry of External Affairs are bound to give details of certain issues. In this
way, the committee gets updated of the governmental stands and keeps the watch over the
executives on controlling the foreign policies. Several important matters have been briefed to
the committee by the officials on regular basis.

Interaction with Foreign Delegations and Dignitaries

The members of the standing committee meet various Foreign Parliamentary

delegations visiting India to facilitate meaningful interaction and understanding on global
and bilateral issues. This meeting also helps the committee members to gain practical
knowledge on the working procedure of other vibrant standing committees of foreign
countries.

Undertaking Study Tours on Related Subjects

For the practical understanding of the issues, the standing committee undertakes study
trip to the areas and institutions related to its interests with the prior permission of the
Speaker of the Lok Sabha. These on-the- spot study enables the study groups of the
committee to examine the issues thoroughly so that it can give better observation. So far the
study groups have visited various passport offices and foreign missions to analyze its
functions. 382 Apart from these works it also helps the ministries in several other ways
including giving consultation to the parliament regarding the matters of external relations.

Parliamentary Committee in Legislating Policies on Foreign Affairs

Policy making in critical areas including foreign affairs often requires the
parliamentary authorization through legislative process. As the supreme legislative body, the
Parliament makes laws for the nation under the provision of Article 246 of Indian
Constitution which empowers the Parliament to pass new legislations on any items of the
Union List. Going further, Article 253 also empowers the Parliament to modify or make a
new legislation for the items listed under the state subject to facilitate the foreign treaties and

382
“Standing Committee on External Affairs Lok Sabha” published at official web site of Parliament of India, at
http://164.100.24.208/ls/committee/drsc05.htm
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 202

agreements. Under the Indian parliamentary system, the procedure to legislate new Law is
very complex in nature and requires a long parliamentary exercise. According to the Indian
constitution, a draft bill has to be introduced into either house of the parliament and need to
pass through various stages before the President‟s approval to become an act. Under the first
stage of second reading the bills are usually referred to the select or joint committee for
discussion.

After introducing in either house of the parliament and having brief discussion about
the significance of the bills in the floor of the house, the bills are passed to the second stage.
In the first stage of second reading, a general discussion on the principles and provisions of
the bills takes place without going into deep clause by clause discussion. Here it is up to the
house whether it will be simply taken into consideration or referred to a select committee of
the house or joint committee of the two houses or for circulation for the purpose of eliciting
opinion thereon.383 However, under the rule 74, no money bill will be referred to the Joint
Committee. The motion for any proposed amendment by members is allowed under this
stage as per the rule 75 of the procedures of the house.

Select Committee is a team of members drawn among the members of the respective
house, whereas Joint Committee consists of the members from both the houses in the ratio of
2:1. Once the bill is referred to one of these committees, the respective committee calls the
meeting of the members and analyzes the bill clause by clause as the houses do. If the
committee becomes satisfied, the bill can be passed with majority vote or can be challenged
by members for amendment of certain clauses. For further improvement of the draft bill, the
committee can also seek opinion and suggestions from experts, interest groups and affected
communities and incorporate their feedbacks into the report. After rigorous analysis, the
committee returns back the bills to Lok Sabha Secretariat with its feedbacks, suggestions and
recommendations. Then, the Secretary General of Lok Sabha presents the report in the
Parliament for discussion. 384 Refereeing the bill to the select committee is one of the
significant provisions of the parliamentary democracy which further enhances the quality of
the legislation and ensures policy inputs from expertise as well as the general public. The
committee system offers a platform to the general citizens to convey their opinion on the
383
Rule 74 of the Parliament Procedures, see ibid, 35
384
Kashyap, , Our Parliament, 167-68
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 203

redraft legislation and facilitate public participation in the legislative process. The
government usually respects the suggestions and recommendations of the committee and
incorporates the feedbacks into the legislation.

The Parliamentary Committee system is one of the important institutions of India‟s

parliamentary democracy which upholds the true spirit of democracy in policy making by
offering the oppositions a platform to participate and reflect their concern in the policy
making alongside the government. Due to the overburdening of responsibilities and lack of
time for the thorough scrutiny of policies of important nature, the parliament often refers a
bulk of its business to the parliamentary committee for review. Consisting of both ruling and
opposition members, the committee scrutinizes the referred policies and gives valuable
recommendation to the government in foreign policy formulation. The meeting of the
parliamentary committee is often used as the platform to understand and address the concern
of the opposition parties and the decision of the committee is usually respected by the
government. The committee system puts the government accountable to the public spending
and checks on the government‟s monopoly in policy planning. It also minimizes the
bureaucratic influences on policy making and facilitates larger role for parliamentary
influence on decision making. Being the association of foreign policy experts, the
Consultative Committee and the Standing Committee of External Affairs, guides the
government on various matters of foreign affairs. The government often seeks the inputs of
both the committees before taking any significant decision on foreign affairs. Analyzing the
greater engagement of the parliamentary committee, former Foreign Secretary J.N. Dixit
appreciated the role of the committee system and credited the Standing Committee for
creating space for the greater engagement of parliament on external affairs. 385

However, like the parliament, the role of parliamentary committee in foreign policy
making is limited to raising questions, asking clarifications and passing recommendations to
the government. The consultative committees have no authority or responsibility in foreign
policy formulation. Moreover, the government is not under any obligation to incorporate the
committee‟s advises and recommendations. The provision of confidentiality in committee
meeting further deters to review its function and minimizes its accountability. Often the

385
J.N. Dixit, My South Block Years: Memories of a Foreign Secretary (New Delhi: WBSPD, 1996) 431
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 204

meeting ends without any decision or superficial recommendations. The ministers sometimes
mislead the committee with ill information and refuse to pass adequate information, mainly
citing the nature of confidentiality. This is why the committee system has achieved no such
major back trough in foreign policy formulation since its induction into Indian parliamentary
system. The committee system, which developed from British Parliament and practiced in
other parliamentary democracies works as a norm than as a constraint of foreign policy in
these states. Nevertheless, the adoption of committee system has facilitated the parliamentary
role in policy making and put a check on government‟s monopoly over foreign policy
decision making. Its works as a watch dog and ensures the accountability in the government.
They also highlight the important issues of the government‟s policy and suggest measures for
maximization of national gain in external affairs.

Role of Parliament as the Institution for the Rectification of International Treaties

International treaties are the mutual agreements among the nations to enhance the
level of engagement on certain areas. The Vienna Convention on the Law of Treaties which
came in to force since 1980 defines treaty as “an international agreement concluded between
the States in written form and governed by international law, whether embodied in a single
instrument or in two or more related instruments and whatever its particular designation.”386
According to the above definition, International Treaties take place between the states. Going
one step ahead, Article 38 (1) of the International Court of Justice argues that the treaties not
only occur between the states but also take place between the states and international
organizations.387
As no state can remain isolated and estranged in the globalized world, international
treaties have become the effective instrument to establish and escalate the relationship
between and among the nations. Generally international treaties are signed between the
sovereign governments on behalf of the respective countries on matters regarding foreign
relations, trade, environment, defence and strategic, war and peace, communications, ecology

386
Vienna Convention on the Law of Treaties 1969, United Nations, Treaty Series, Vol. 1155, 331, at
untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
387
Silvio Fazio, The Harmonization of International Commercial Law, (AH Alphen aan den Rijn, Netherlands:
Kluwer Law International, 2007) 31; for a comparative and detail study on the definition of international
treaties refer Duncan B. Hollis, “Defining Treaties” in The Oxford Guide to Treaties, edited by Duncan B.
Hollis, (Oxford: Oxford University Press, 2012) 11-44
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 205

or finance. Hence, the treaties have immense potential to influence both internal and external
policies of a country. However, the prior approval of the international treaties by parliament
before implementation is not a universal procedure. The Parliament‟s approval of the
international treaties and agreements are mandatory in Denmark, Netherlands, Norway,
Switzerland, Luxemburg, Laos, Indonesia and Japan, whereas in India, Canada, U.K. and
most of the British Commonwealth countries, the Parliament‟s nod is not compulsory to
implement the signed treaties unless it involves serious consequences. 388
Under the Constitution of India, the Parliament is empowered to make any law on the
items listed under the central list without any limitations. Matters related to foreign affairs of
the union list that includes entries 13, 14, 15 and 16 also come under the legislative command
of the parliament which reads as follows:
13. Participation in international conferences, associations and other international
bodies and implementing of decisions made there at.
14. Entering into treaties and agreements with foreign countries and implementing of
the treaties, agreements and conventions with the foreign countries.
15. Matters related to war and peace, and
16. Issues related to foreign jurisdiction.389
To be more specific, the Indian Parliament is authorized to make law regarding the
entry 14 of the union list which reads “Entering into treaties and agreements with the foreign
countries and implementing of treaties, agreements and conventions with foreign
countries”. 390 Furthermore, article 253 also empowers the Parliament to make laws to
implement the treaties. Headlined with “Legislation for giving effect to international
agreements” the article further states:
“Notwithstanding anything in the foregoing provisions of this Chapter,
Parliament has power to make any law for the whole or any part of the
territory of India for implementing any treaty, agreement or convention with
any other country or countries or any decision made at any international
conference, association or other body”. 391

388
Consultation Paper on “Treaty-Making Power under Our Constitution”, National Commission to Review the
Working of the Constitution, New Delhi January 8, 2001
389
Constitution of India, published under the website of Ministry of Law and Justice, Government of India,
http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss%2835%29.pdf, (Apr. 10, 2013)
390
Ibid.
391
Constitution of India, published by Ministry of Law, Government of India
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 206

The above discussion has made it clear that, the Parliament has immense power to
make laws for implementation of the international treaties.

As discussed above, treaty making in India and rectifying is different from that of the
US and some European countries. Generally, the treaty making is initiated by the executives
who first start negotiations with the other party using diplomatic channels. After discussion
with the political boss, the executives prepare the draft keeping the prime objectives of the
treaty in mind. When the provisions of the treaties get finalized, the representatives of the
two sovereign states (usually the chief of the executives) sign the treaty. Then the copy of the
treaty is introduced as a resolution for discussion. 392

When the treaty is placed before the Parliament for discussion, the Parliament
discusses on it like that of the other resolutions but cannot rectify the treaty according to the
desire of the Parliament. Further, by enjoying the support of the majority the government gets
pass the treaty and hardly faces legislative blockade. The floors of the Parliament are open
for critical discussion on the treaty. 393 The Parliament cannot make judgment on the
provisions of the treaty or the treaty as whole. Though several attempts have been made to
change it by introducing constitutional amendment bills, none of them have succeeded so
far.394 However, India ratified the United Nations Convention Against Corruption following
the 2003 U.N. General Assembly. The Lok Sabha debated on the Bill which centred on
Articles 252 and 253 of the Constitution and adopted the Lokayuktas Bill on December 27,
2011 to implement the ratification. 395

Factors Eclipsing Parliamentary Role of Foreign Policy Making

The Parliament is an important institution of a democratic system of India and an

integral branch of governance. It has been empowered to legislate laws and policies for the
government, identify the administrative errors and rectify it after debate. But in practice,

392
S. K. Verma, An Introduction To Public International Law, (New Delhi: PHI Learning, 2004) 64; and
393
Naheed Murtaza (1998) 63-65
394
MP Brinda Karat has introduced the private members bill at the Parliament which has turndown by the
Parliament. For detail see at “Brinda Karat wants all international treaties ratified by Parliament” Times of
India, Dec 20, 2008, At http://articles.timesofindia.indiatimes.com/2008-12-20/india/27929978_1_treaties-
Parliament-agreements
395
A.G. Noorani, Treaties & States, Frontline, Volume 29 - Issue 02 :: Jan. 28-Feb. 10, 2012
http://www.frontline.in/static/html/fl2902/stories/20120210290204300.htm
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 207

policy making has been the business of the executive domain and „Foreign Policy‟ is not an
exception to this practice. The Parliament in India is not responsible to make Foreign Policy
directly. However, it is able to influence the course of the Foreign Policy a bit through
various Parliamentary mechanisms. Hence, the scope of the Parliament in making, guiding
and supervising the Foreign Policy is very limited. Various factors are eclipsing the role of
the Parliament in managing Foreign Policy of India. These factors are discussed below:

Party Affiliation and Personality Cult in Parliament

Although the Parliament plays an important role in shaping the Foreign Policy of the
country, it works under certain pressures, lobbies and influences. More than that, it is the
party ideology which dominates over the cognitive behaviour of a member during the
Parliament debate. Similarly, leadership at some time also minimizes the influence of the
Parliament‟s role in decision-making. The Foreign Policy making during Nehru period, for
example was a one man show and the Parliament had little influence over the policy
behaviour. First of all Nehru was an icon of a great personality and enjoyed the confidence of
the mass. Secondly, his personal hold on decision making was so vast that others had little
role to play. Thirdly, his image was so popular and acceptable for the people that it was not
easy to oppose his decision at the floor of the Parliament. Therefore other members,
especially party men had no way to support him. Moreover, majority of the members belongs
to the ruling party of the government that makes policies. Hence they cannot go against the
decision of the party. Therefore the Parliamentary debates have very little scope to influence
the governmental decisions.

Executive Supremacy

Though the Parliament legislates and approves policies, the executives, in practice
make policies for the government and get it approved by the Parliament. There are several
reasons behind the domination of the executives in policy making. Firstly, the executives are
Permanent agencies and therefore, have greater experience compared to the political heads
who are elected for five years and possess less experience. Secondly, the executives are part
of the larger organization which includes expertise of different areas and make all round
policies while political boss lacks. Thirdly, it is the executives who implement the policies
hence and possess the first hand information regarding the concerned issue. Apart from that,
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 208

the political leaders are busy in politics and pay interest towards the policy formulation.
Therefore, the executives enjoy supremacy in policy making, including Foreign Policy.

The superior, commendable role played by the executives has undermined the role of
the Parliament in Foreign Policy making. While the executives make the decision for the
government, the Parliament has limited scope to modify it. Often it has been seen that, most
of the policies have been formulated by the executives and implemented with or without the
approval of the cabinet and never presented before the parliament for discussion. Therefore
the authoritative role of the executives has pushed the role of the Parliament into a secondary
level in the Foreign Policy making.

Supremacy of the Cabinet

In India, the cabinet plays a significant role in the policy making process. It is an elite
institution which is directly responsible for each and every matter of the government and
enjoys more power compared to any other institutions, including the Parliament. It remains
more influential in the policy making because of its proximity to the government and decides
the fate of a decision in India. Most of the policies pass over to the Cabinet before they are
introduced into the Parliament to decide. In case of any lacuna, it asks the executives to
include new provision rather than seeking alternatives from the Parliament during the time of
discussion. It also bypasses the Parliament and makes policies without introducing the
proposal into the Parliament. Though it is answerable to the Parliament, in reality it always
poses sufficient political backing to maintain its dominance in government.

Confidentiality in Foreign Affairs

The Parliament in its true spirit is an institution to raise questions, debate and discuss
the internal and external issues of the country and make policies to address these issues.
Hiding anything from the public domain is against the basic ethos of the parliamentary
system. However, matters related to national security, diplomacy and Foreign Policy need to
be kept secret in order to protect them from reaching the hands of the enemy country. The
government may deny disclosing such details on the floor of parliament. Hence, the
parliamentary tools seem ineffective to discuss matters of these secretive natures, such as
Foreign Policy.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 209

Delay in Parliamentary Decision Making

The international environment is so fickle and vast that the time allotted for the
Parliament is not sufficient to analyze and understand the emerging issues. It is also very
difficult for the members to raise and debate certain issues within the allotted time in the
Parliament. Neither the questioner nor the minister who responds to the questions can do
justice to the issue when the Parliament awards them mere two to three minutes each.
Secondly, due to the time factor, limited questions are allowed to each member, and they are
allowed to raise issues at certain times. As a result, most of the Parliamentarians are
interested in raising the local issues of their respective constituencies to win the votes rather
than wasting time on the international issues.

Less Preference to Foreign Affairs

The Members with knowledge on the Foreign Affairs are comparatively less in the
Indian parliament. Except some experts, the Foreign Policy remains a less prioritized issue
for discussion in the Parliament for most of the members. It can be seen by analyzing the data
of the Parliamentary debate. As more people are acquainted with the regional and national
issues, they often prefer to raise the internal issues and hardly participate in discussion in
matters of foreign affairs. It restricts the debate and discussion of matters related to Foreign
Policy to certain level. As a result, the influence of the Parliament has been limited to issues
on the foreign affairs.

Narrow Scope for Legislation

The issues related to the Foreign Policy crisis needs negotiation rather legislation.
There is nothing hardbound rule book called „Foreign Policy‟ of a country according to
which the country must interact with others. Rather, it is a flexible idea to negotiate with the
rest of the world and hardly need legislations to guide it. Moreover, the international treaties
and agreements which are not mandatory are get approved by the Parliament if it does not
involve or affect the financial and other serious concerns. As a result most of the treaties are
signed without the approval of the Parliament. In case it is introduced into the Parliament, it
cannot amend or modify any provision rather than approve it.
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 210

Parliament as a Machinery of Delay and Slow Process

The Matters and issues of Foreign Policy need to be addressed instantly for the
maximum gain. The delay in handling the issue may cost amenity to the country‟s security
and sovereignty. But in the Parliament any system of decision making is such a slow process
that takes months and years together to reach any conclusion. The delay arises due to the size
of the Parliament and passing of the proposal by multiple stages and the Parliamentary
agencies. Consisting with the people of different interests and opinions, the Parliament is
unable to take quick decision to address the issue and seems unfit to deal the matter of
foreign affairs which requires quick actions.

Practice of Unprofessionalism in Parliament

Parliament is supposed to be the place of highly professionalism to debate and discuss

important issues of the country and formulate the policies addressing these issues. But in
recent past, the members apparently lack basic morality and they fight with each other with
no point. Without going detail into the government proposal, the opposition in many
occasions opposes important bills with no reason. In the recent past most of the precious time
of the Parliament has been washed away due to the boycott and non-participatory approach
of the oppositions in the Parliament sessions. Sometimes, important bills are turned into a
law without proper discussion in the Parliament. If at all the members take part in the
discussion, their arguments lack the logic. Therefore, the Parliament, on many occasions, fail
to identify and criticize the weakness of the government on the matters of Foreign Policy.

Conclusion

Being the highest institution and the ultimate voice of the people, the Parliament, in a
democratic state like India plays an important role in the formulation and implementation of
foreign policies in a variety of ways. It can legislate on any matter that comes under union
list, including matters related to foreign affairs. The Parliament also influences the course of
Foreign Policy by approving or rejecting any government proposal related to Foreign Policy
and can create any specialized agencies and government institutions to deal with the matter
related to foreign affairs like Foreign Service Institute and National Security Council; or
merge or modify the function of the existing machinery or create new posts like National
Security Advisor. Using its power of sanction, the Parliament can influence the making of
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 211

Foreign Policy by reducing or increasing the overall or partial budgetary allotment to

Ministry of External Affairs or Ministry of Defence or other allied agencies which might
affect India‟s Foreign Policy behaviour. In addition, Parliamentary debates and discussions
are also considered one of the prime instruments to influence the process of Foreign Policy
discourse. The opposition and the other members of the Parliament point out the mistakes
and give suggestions for better policies, during the Parliamentary debates. The Parliament
poses unparallel power to withhold, pass or reject any bill or resolution that is directly or
indirectly related to India‟s external policy. Members of the Parliament also move
adjournment, No-Confident or Cut-Motion, raise short or half-an hour discussion on any
specific or an overall issue of the Foreign Policy.

Consultative committees of the Parliament, especially Standing Committee on

Foreign Affairs has been playing significant role in shaping India‟s Foreign Policy
behaviour. After all, the Parliament is considered as the face of the government and its
behaviour and activities are always paid significant attention among the world communities.

But in practice, the Parliament despite all its powers and privileges has never been
considered as one of the core actors of Foreign Policy decision making in India. Government
always bypasses the Parliament while making decision on important issues of foreign affairs.
Though, the Parliament is empowered to legislate on any matter on foreign affairs, not many
issues on the foreign and the Defence policies have been referred to the Parliament for
legislation. Unlike United States or Australia, it is not mandatory for international
conventions, treaties and agreements to get approved by the Parliament before coming into
practice. In Indian context, it is supposed to be the document of secrecy for optimum result
and its open discussion in the parliament before actualization might endanger the entire goal
of the treaty. Therefore, many of the treaties, such as the India–China Agreement of 1954,
the Tashkent Agreement of 1965, the India-Soviet Agreement of 1971 and the Simla
Agreement of 1972 have never been referred to the Parliament for debate before the
conclusion of the treaty. Even the Parliament sometimes is delicately kept in dark on several
national policies and serious issues on a number of occasions. The Parliament committees,
which are supposed to guide the course of Foreign Policy, are often divided by the party
ideologies, and the decisions that are coming up become the byproduct of negotiation rather
than rational. That‟s why M.C. Chagla, the Ex-foreign Minister under Indira Gandhi
 CHAPTER-4 ROLE OF INDIAN PARLIAMENT ON FOREIGN POLICY MAKING IN INDIA 212

government termed Consultative Committee on external affairs as “ more of an agency for

getting policies accepted and muting criticism than for influencing Foreign Policy”.

Despite this, on many occasions the Parliament significantly influenced the Foreign
Policy of India. For instance, Nehru‟s Foreign Policy towards china in the early periods used
to be soft despite several border violations due to the overwhelming support of the
Parliament. But, following the constant pressure in Parliament, Nehru forced to restructure
his policies during late 1950s. The Parliament also successfully pressurized the Nehru
government to disclose every single document on China, which was tabled in the form of
white papers in the Parliament for discussion. Similarly, during the Hungarian Crisis of 1965,
Nehru initially turned towards Soviet, but after the stiff pressure from the opposition in the
Parliament, he changed his stand subsequently. Prime Minister Indira Gandhi also changed
her stand from separation to united Czechoslovakia during the 1968 Czechoslovak crisis by
the influence of strong opposition in the Parliament. To conclude, we can say that, the
Parliament played a very minimal role in India‟s Foreign Policy decision making until 1960,
but with the emergence of strong opposition and other national parties, the influence of the
Parliament has increased significantly.