Here the executive exercise their executive power circumventing the constitution. In a parliamentary democracy and particularly under our constitutional system, there is no sphere of activity of the executive in respect of which it is not accountable to Parliament. Parliament is entitled to review, scrutinize, modify or cancel every act of executive. There is nothing like a 'prerogative power' of the executive immune from parliament. In the past there was an effort to make an amendment to the constitution in this regard. Sri M.A.Baby gave a notice of his intention to introduce the Constitution (Amendment) Bill 1992 to amend Article 77 of the Constitution to the effect that every international treaty/agreement "of social, economic, political, financial or cultural nature and settlements relating to trade, tariff and patents shall be laid before each house of Parliament prior to the implementation of such agreement…" Note that this is an amendment for placing the agreement before the Parliament after negotiation and signature. The Government of India always tells Parliament that these are binding commitments undertaken by India and that Parliament ought to honour them. Naturally the Parliament approves the agreement which is signed and sealed. In my opinion this is not the right approach. The negotiators should be armed with the ' guide lines' within which they can move during the negotiations. Viewing it in this way the amendment proposed by Sri M.A.Baby can be termed as poli
