space to add more dimensions - jatin verma · 2019. 11. 7. · fodder scam lalu prasad yadav, lok...

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SYNOPSIS

Intro

Proportional representation refers to an electoral system in

which the distribution of seats corresponds closely with the

proportion of the total votes cast for each party.

This is a more complicated but representative system than the

first-past-the-post (FPTP) system, which is used in India.

For example, If a party gets 40% of the total votes a perfectly

proportional system would allow it to get 40% of the seats

In India, Proportional representation by single transferable

vote system is adopted for the election of members to the Rajya

Sabha and state legislative council and for electing the President

and the Vice-President

Body Part

Under territorial representation, every member of the legislature represents

a geographical area known as a constituency. In this system, a candidate

who secures majority of votes is declared elected. However, it does not

secure due representation to minorities (small groups).

The Constitution has not adopted the system of proportional representation

in Lok Sabha due to 2 reasons:

Difficulty for the voters to understand the system due to low literacy

scale.

Unsuitability to the parliamentary govt due to the tendency of the

system to multiply political parties leading to instability in govt.

Additionally, the system of proportional representation has the following

demerits:

It increases the significance of party system and decreases

that of voter.

It eliminates intimate contacts between voters and

representatives.

It is highly expensive.

It promotes minority thinking and group interests.

It does not give any scope for organising by-elections.

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Q1.Rajya Sabha has adopted the system of proportional

representation, while Lok Sabha has adopted the system of

territorial representation. Comment

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Conclusion:

However, according to political analyst, the larger parties remain oriented

in their social outlook to a limited set of castes and communities and

smaller parties .This electoral trends since 1989 are repeated regularly.

This has opened up the debate for Proportional representation in Lok

Sabha.



SYNOPSIS

Intro

The Constitution of India, apart from enlisting certain qualifications for

Members of Parliament, also enumerates certain disqualifications.

Body Part

Under the Constitution, a person shall be disqualified for being elected as

a Member of Parliament:

1. If he holds any office of profit under the Union or state government

(except that of a minister or any other office exempted by Parliament).

2. If he is of unsound mind and stands so declared by a court.

3. If he is an undischarged insolvent.

4. If he is not a citizen of India or has voluntarily acquired the

citizenship of a foreign state or is under any acknowledgement of

allegiance to a foreign state; and

5. If he is so disqualified under any law made by Parliament.

The Parliament has laid down the following additional

disqualifications in the Representation of People Act (1951)

1. He must not have been found guilty of certain election offences

or corrupt practices in the elections.

2. He must not have been convicted for any offence resulting in

imprisonment for two or more years. But, the detention of a

person under a preventive detention law is not a

disqualification.

3. He must not have failed to lodge an account of his election

expenses within the time.

4. He must not have any interest in government contracts, works or

services.

5. He must not be a director or managing agent nor hold an office

of profit in a corporation in which the government has at least

25 per cent share.

6. He must not have been dismissed from government service for

corruption or disloyalty to the State.

7. He must not have been convicted for promoting enmity between

different groups or for the offence of bribery.

8. He must not have been punished for preaching and practicing

social crimes such as untouchability, dowry and sati.

9. Disqualification on Ground of Defection the Constitution also

lays down that a person shall be disqualified from being a

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Q2.What are the grounds of disqualification of a Member of

Parliament from either House? Quote relevant provisions in your

answer.



Member of Parliament if he is so disqualified on the ground of

defection under the provisions of the Tenth Schedule.

10. Other cases: A member has to vacate his seat in the Parliament:

(a) if his election is declared void by the court;

(b) If he is expelled by the House;

(c) If he is elected to the office of President or Vice-President;

and

(d) If he is appointed to the office of governor of a state.

Few examples,

Fodder scam Lalu Prasad Yadav, Lok Sabha MP from

Saran, Bihar belonging to Rashtriya Janta

Dal (RJD), was convicted for 5 years in

fodder scam and was disqualified from Lok

Sabha

Disproportionate

asset case

J. Jayalalitha, Chief Minister of Tamil

Nadu, MLA from R.K Nagar, Tamil Nadu

was convicted for 4 years and fined of Rs

100 Crores in disproportionate asset case

and was disqualified

Anti-defection Earlier in 2018,20 MLAs of the Delhi

Legislative Assembly were disqualified for

holding an ‘office of profit

Kamal Kishore

Bhagat, MLA from

Lohardaga (Vidhan

Sabha

Constituency)

Jharkhand

Was convicted for attempt to murder case

and was disqualified from the Legislative

Assembly.



SYNOPSIS

Intro

A Member of Parliament (MP) who is not a Minister in the Union Cabinet

is called a Private Member. Bills introduced by such members are called

Private Member's Bills. A PMB can be introduced in either the Lok Sabha

or Rajya Sabha. Bills introduced by ministers are called Government Bills.

Body Part

Why do the private member bill fail regularly?

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Dimensions Q3.Bring out the major differences between Private bill and

Public bill. Why do the private member bill fail regularly in the

parliament?



A successful passing of PMB is perceived by many as

incompetence on part of the government and intrusion into the

respective ministry’s domain.

Governments in the past have also at times cut short the path of

PMBs. If such a bill is seen getting support in Parliament, the

government requests the MP to withdraw it and promises to

introduce it as a Government Bill instead. The member who had

tabled The Rights of Transgender Persons Bill, 2014 was requested

by the government to withdraw it.

Without support from the ruling party of the alliance, that

command majority, it becomes impossible to pass the bill

especially in the Lok Sabha

According to PRS Legislative Research, over 370 PMBs were

introduced in the 15th Lok Sabha. None were passed; barely 3%

were discussed and 97% lapsed without any deliberations.



Conclusion

PMBs were designed to empower MPs to bring attention to issues that

were willingly or unwillingly ignored by the ruling party.

Over the years, there have been multiple proposals to improve procedures

in Parliament to give PMBs more importance, which include more

allocation of time, and more power to other MPs to set the agenda of

discussion. However, none of these proposals have gotten the attention

they deserve.

The government need to reform the existing procedures to recognise the

importance of Private Members inside Parliament



SYNOPSIS

Intro

The Rajya Sabha serves an important role in preserving the federal

structure as mandated by the Constitution. It has equal legislative powers

to the LS except in the case of Money Bills. Also it has been provided

with some extra ordinary powers to meet unforeseen situations.

Body Part

Special Powers of Rajya Sabha

Can empower Parliament to make law on a matter enumerated in the

State List:

All the subjects/areas regarding legislation have been divided into three

Lists - Union List, State List and concurrent List. Union and State Lists

are mutually exclusive

o One cannot legislate on a matter placed in the sphere of the other.

o However, if Rajya Sabha passes a resolution by a majority of not

less than two-thirds of members present and voting saying that it is

“necessary or expedient in the national interest” that Parliament

should make a law on a matter enumerated in the State List,

Parliament becomes empowered to make a law on the subject

specified in the resolution, for the whole or any part of the territory

of India.

o Such a resolution remains in force for a maximum period of one

year but this period can be extended by one year at a time by

passing a similar resolution further.

Empowered to create new all India services:

If Rajya Sabha passes a resolution by a majority of not less than two-thirds

of the members present and voting declaring that it is necessary or

expedient in the national interest to create one or more All India Services

common to the Union and the States, Parliament becomes empowered to

create by law such services.

Special power with regard to approval of President’s Proclamation:

o Under the Constitution, the President is empowered to issue

Proclamations in the event of national emergency, in the event of

failure of constitutional machinery in a State, or in the case of

financial emergency.

o Every such proclamation has to be approved by both Houses of

Parliament within a stipulated period.

o Under certain circumstances, however, Rajya Sabha enjoys special

powers in this regard. If a Proclamation is issued at a time when

Lok Sabha has been dissolved or the dissolution of Lok Sabha

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Q4."There are certain spheres where the Rajya Sabha alone has

the authority." What are they?



takes place within the period allowed for its approval, then the

proclamation remains effective, if the resolution approving it is

passed by Rajya Sabha within the period specified in the

Constitution under articles 352, 356 and 360.



SYNOPSIS

Intro

Through its oversight function, Parliament holds the government

accountable and ensures that policies are efficient and in keeping with the

needs of citizens. In addition, parliamentary oversight is essential to

prevent arbitrary and unconstitutional action by the government.

Body Part

Parliamentary control over government and administration in India

Analysis:

1. Between 2009 and 2014 (Budget Session), Question Hour

functioned for an average of 42% of its scheduled time, largely as

a result of disruptions. When Question Hour is disrupted, it is not

made up by extending the scheduled time for the sitting or

through meeting on additional days.

2. Committees allow for more informed debate in Parliament, and

they also provide an avenue for citizens to engage with

Parliament. While Committees have substantially impacted

Parliament’s efficacy in discharging its roles, there is still scope

for strengthening the Committee system. In the 16th Lok Sabha,

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Q5.Parliamentary control over government and administration

in India is declining. Discuss



DRSCs examined 41 Bills, 331 Demands for Grants, 197 issues,

and published 503 Action Taken Reports.

3. MPs may raise issues of public importance in Parliament, and

examine the government’s response to problems being faced by

citizens through:

(i) A debate, which entails a reply by the concerned minister,

or

(ii) (ii) A motion which entails a vote.

But, the 16thLok Sabha has discussed only one adjournment

motion.

4. Role of the opposition

o Within the institution of Parliament, the opposition can play

a central role in monitoring the government and holding it

accountable.

o But, India’s opposition has little procedural room.

o At present, in India, the Business Advisory Committee sets

the agenda of Parliament and the ruling party has a greater

say in deciding the agenda.

5. Further, the India’s relatively strict Anti-Defection Act limits the

prospects for constructive criticism. The law requiring members

of Parliament to obey their party’s whip strictly leaving no room

for constructive criticism.

Way Forward

Increasing transparency: Allowing for greater transparency in the

procedures of the committees will provide a greater check on the

oversight function of Parliament.

Greater public participation: Public participation should be

invited more systematically and be institutionalised in the

procedures of each committee to strengthen the oversight function

of committees.

Oversight committee: According to the Inter-Parliamentary Union,

Parliaments may establish a general oversight committee to oversee

the work of other permanent and ad-hoc committees.

Increasing accountability in Question Hour: At present, the

Prime Minister is only required to answer questions that pertain to

ministries allocated to him.

o However, The UK has a Prime Minister’s Question Time

during which the Prime Minister answers question on the

government’s policies, across sectors. This can be followed.

Recently, in order to reduce disruptions, Rajya Sabha moved

Question Hour from the first hour of sitting to the second hour of

sitting. Such a system can be replicated In Lok Sabha



SYNOPSIS

Intro

According to political scientist Milan Vaishnav’s book, When Crime Pays:

Money and Muscle in Indian Politics, 24% of MPs had criminal cases

pending against them in 2004 and 12% had serious cases registered

against them. By 2014 the numbers had risen to 34% and 21%,

respectively.

Body Part

Reason:

Vote bank Politics

Black money in elections:

Lack of Intra-party democracy

Lack of adequate deterrence

Loopholes in the functioning of Election Commission

First Past the Post (FPTP) electoral system

Lack of ethics and values in Indian politics

Supreme Court rulings in this regard

Union of India (UOI) vs. Association for Democratic Reforms:

The Supreme Court of India upheld a High Court order mandating

the Election Commission to obtain and disclose to the public

background information relating to candidates running for office,

including information on their assets, criminal records, and

educational background.

The Supreme Court ruled that the right to know about public

officials is derived from the constitutional right to freedom of

expression.

In 2005, the Supreme Court in Ramesh Dalal vs. Union of

India :held that a sitting Member of Parliament (MP) or Member of

State Legislature (MLA) shall also be subject to disqualification

from contesting elections if he is convicted and sentenced to not less

than 2 years of imprisonment by a court of law.

In 2013, in Lily Thomas vs. Union of India: the Supreme Court

held that Section 8(4) of The Representation of the People Act, 1951

is unconstitutional which allows MPs and MLAs who are convicted

to continue in office till an appeal against such conviction is

disposed of.

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Q6.State the reasons for the growing ‘criminalization of politics’.

Enumerate the Supreme Court rulings in this regard



In 2013 in People's Union for Civil Liberties vs. Union of

India case Supreme Court asked Election Commission to provide

'none of the above' choice to voters to exercise their right to express

no confidence against all candidates in conflict.

In 2014 Supreme Court recommends to PM/CMs not to include

persons, against whom charges have been framed in serious

offences, in their council of Ministers.

In 2016, Supreme Court refers to 5-judge Constitution bench

whether framing of charge in heinous crimes (which entails

imprisonment of five years or more) against an MP or MLA would

disqualify him. This also meant whether a person against whom

charges framed in serious offences be debarred from contesting

elections.


space to add more dimensions - jatin verma · 2019. 11. 7. · fodder scam lalu prasad yadav, lok...

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