Space to Add More Dimensions - Jatin Verma · 2019. 11. 7. · Fodder scam Lalu Prasad Yadav, Lok...
Transcript of 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.
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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.
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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.
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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?
Space to Add More
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Public bill. Why do the private member bill fail regularly in the
parliament?
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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.
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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
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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?
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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.
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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
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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
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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
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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.