Conventions are practices established over time that, while not codified in legal statutes, are widely recognized and adhered to. They derive their authority from acceptance by stakeholders such as the legislature, judiciary, and the executive.
- Difference from Law: Laws are enforceable by courts, while conventions rely on moral and political obligations.
- Significance: Conventions ensure flexibility in governance, adapting to changing political and social contexts.
Origins and Need for Conventions
In India, the Constitution, though comprehensive, cannot detail every aspect of governance. Conventions emerge to:
- Bridge gaps between written laws and practical governance.
- Facilitate cooperation between constitutional organs.
- Provide continuity with democratic practices, especially inherited from British constitutional traditions.
Role in Parliamentary Democracy
a) Relationship Between the President and the Prime Minister
- Appointment of the Prime Minister: Although Article 75 mandates that the President appoint the Prime Minister, convention dictates appointing the leader of the majority party or coalition in the Lok Sabha.
- Exercise of Presidential Powers: The President acts on the advice of the Council of Ministers (Article 74), a convention that ensures the President’s role is largely ceremonial in most matters.
b) Collective Responsibility
The convention of collective responsibility ensures that the entire Council of Ministers stands united in Parliament. If one minister loses confidence, the entire council resigns, upholding parliamentary accountability.
c) Resignation After Losing Majority
A government that loses the majority in the Lok Sabha is expected to resign, even if there is no explicit constitutional provision to this effect.
Role in Federal Governance
a) Governor’s Role
- Appointment and Dismissal: Governors are appointed by the President (Article 155), but conventions require the central government to consider political and regional factors, ensuring balanced federal relations.
- Acting on State Cabinet’s Advice: While governors have discretionary powers, conventions dictate they largely act on the advice of the state cabinet to avoid conflict.
b) Center-State Relations
Conventions guide cooperative federalism, where the central and state governments work collaboratively to address shared challenges, despite differences in political ideologies.
Role in Judicial Independence
Conventions uphold the judiciary’s independence and maintain its integrity.
- Non-Interference: The executive and legislature are expected not to interfere in judicial functions, reinforcing the separation of powers.
- Appointment of Judges: While judicial appointments are governed by constitutional provisions, conventions such as seniority play a crucial role in appointing the Chief Justice of India.
Role in Election and Legislative Procedures
- Election of Presiding Officers
The election of the Speaker and Deputy Speaker of the Lok Sabha often follows conventions, with the Speaker belonging to the ruling party and the Deputy Speaker from the opposition.
- Parliamentary Debates
Conventions ensure decorum during debates and respect for parliamentary privileges, fostering a healthy legislative environment.
Adaptability and Evolution
Conventions evolve with changing political, social, and cultural contexts. In India:
- The coalition era saw the rise of conventions addressing multi-party negotiations and alliances.
- The increasing role of technology in governance has led to new conventions around transparency and digital interaction.
Challenges to Conventions
- Lack of Legal Enforcement
Conventions depend on adherence by stakeholders and can be ignored without immediate legal repercussions, leading to potential misuse.
- Political Manipulation
In politically polarized environments, conventions may be flouted for partisan gains, undermining constitutional values.
- Unclear Boundaries
Ambiguity in some conventions can lead to disputes, especially in crisis situations, such as hung parliaments or emergencies.
Importance in Crisis Situations
- Hung Parliament: In the absence of a clear majority, conventions guide the President in inviting the largest party or coalition to form the government.
- National Emergencies: Conventions ensure democratic accountability during the exercise of emergency powers by the executive.
