Conflict Of Power Between Executive and Legislature

Indian State is made up of three organs i.e. Legislature,Executive and Judiciary.Primarily there functions are policy formulation,policy implementation and policy adjudication respectively.All the three organs of the government work within their spheres under normal circumstances.Although an effective coordination and cooperation has to be maintained between these three organs for the well functioning of the government and upholding the democratic values.Working within their own boundaries help in protecting the autonomy and integrity of the different organs of the government.This feature has been implicitly mentioned in the Indian Constitution.It owes it origin to the theory of “Separation of Powers” propounded by French Philosopher Montesquieu.At the same time “Doctrine of Checks and Balance” has also been incorporated in the Indian Constitution to keep a check on the misuse of the power given to different organs of Government.

In India,People of the country are Sovereign.They exercise their supreme power by electing the legislators from their respective constituencies.In this way these legislators are the representatives of the people in the Parliament or legislative Assemblies.Their function is to raise issues related to the people and provide solutions for them by formulating laws,regulations and rules etc.Once the policy has been formulated,Bureaucracy is the body which implements these policies.It is the prerogative of the executive how to implement and monitor the scheme.Issues related to functioning such degree of implementation could be raised in the legislature but could not be directly monitored by the legislators as this is clear clash of powers between Executive and Legislature.

Recently,Saansad Adarsh Gram Yojana has been launched by Prime Minister Narendra Modi.In this Scheme each Member of Parliament will take the responsibility of developing physical and institutional infrastructure in three villages by 2019,Out of which one has to be achieved within 2016.Thereafter, five such Adarsh Grams (one per year) will be selected and developed by 2024.It envisages integrated development of the selected village across multiple areas such as agriculture,health, education, sanitation, environment, livelihoods etc.The district Collector will be the nodal officer for implementing the SAGY.He will conduct a monthly review meeting with representatives of the participating Line Departments.The Members of Parliament concerned will chair the review meetings.

Similar is the MPLADS(MP-local Area Development) and MLA-LADS Scheme,Five Crore Rupees and around Four crore rupees(varies with state to state) is with the MP Fund and MLA Fund respectively to spend in their respective constituencies for the developmental Work.What Work to be done,where is to be done,how it is to be done is the sole discretion of the legislator.

These type of Schemes have very serious flaw within themselves.Bureaucrats are the selected authorities by the government for the implementation,given their vast experience in the ground work,but their powers are being overridden by sharing or out-rightly taken by legislators by way of monitoring and reviewing & Chairing the meetings by them.Although legislators represent the people of constituencies but there is high likely possibility of Unfair implementation by them.As they are being elected by the people,they would like to work or provide advantage to people to gain maximum political benefits.Clearly this is not in the larger public interest.At the same time,Bureaucracy is Politically neutral,it works in the best interest of the people regarding implementation.MP-LAD Scheme is the breeding ground of Corruption at the local level.Funds are being misused or not being used at all.It leads to Politician-Business Nexus in awarding of contracts etc.

After all tax-payers money is being drained which could have been judiciously used for the welfare of the people.In India,Policy formulation is not the problem but its poor Implementation is the problem.Their is a serious need for the ratification of this problem.As the 2nd ARC(Adminstrative Reforms Commission,2005) has recommended of total scrapping of MP-LAD type Schemes and recently too debate is going on.But this is not the only Solution to the problem.Bringing out minor Changes to it would lead to better results.One Solution to this could be:Funds which come under the MPs/MLAs should be transferred to District Collector and the sole discretion for withdrawal from it should be that of him.Constituency Level Advisory Committee consisting of MP/MLA and some active civil Society members should be formed for advising the District Collector regarding the usage of Funds,but the advise tendered should not be binding on him.This will not only provide inputs for proper use of funds and at the same time,give the opportunity to DC to implement fairly without any political Bias and prejudice.Discussion & deliberation of the Scheme could always be done in the legislation which will lead to pointing out good and bad Implementation and will give the space to government for further modifications.