The following is a comparison of the rules regarding the transparency of MPs' private interests in India and South Africa. In India, conflict of interest amongst MPs has been debated extensively in the recent past. The primary check on preventing potential conflicts is that all MPs must declare their assets and liabilities to the concerned Speaker (Lok Sabha) or Chairman (Rajya Sabha). The Rajya Sabha Ethics Committee maintains a register of these interests (no such register exists for Lok Sabha MPs). Details in the Register of Members' Interests include: remunerative directorship, regular remunerated activity, shareholding of controlling nature, paid consultancy, and professional engagement. This material, however, is not put in the public domain. An interesting comparison is the Parliament of South Africa, where the Register of Members Interests' (consisting of MPs from both upper and lower house) is made public. Financial interests of MPs, remuneration from employment outside of Parliament, directorships, consultancies, property details, pensions, etc., are all made public (see latest register here).
In the late 1960s and 70s, defections (elected legislators changing parties after the election) in Parliament and State Legislatures became very frequent, so frequent in fact, that the epithet "Aaya Ram Gaya Ram" was coined to describe the same. To curb this problem which created instability in our legislatures, Parliament amended the Constitution. They inserted the Tenth Schedule to the Constitution "to curb the evil of political defections". As a result, we currently have an anti-defection law with the following features: 1. If an MP/MLA who belongs to a political party voluntarily resigns from his party or, disobeys the party "whip" (a direction given by the party to all MPs/ MLAs to vote in a certain manner), he is disqualified. The party may however condone the MP/ MLA within 15 days. 2. An independent MP/ MLA cannot join a political party after the election. 3. An MP/ MLA who is nominated (to the Rajya Sabha or upper houses in state legislatures) can only join a party within 6 months of his election. 4. Mergers of well-defined groups of individuals or political parties are exempted from disqualification if certain conditions are met. 5. The decision to disqualify is taken by the Speaker/ Chairman of the House. The table below summarizes provisions of anti-defection law in some other countries. (For more, click here). As one may note, a number of developed countries do not have any law to regulate defection.
Regulation of defection in some countries
|Country||Experi-ence||Law on defection||The Law on Defection|
|Bangladesh||Yes||Yes||The Constitution says a member shall vacate his seat if he resigns from or votes against the directions given by his party. The dispute is referred by the Speaker to the Election Commission.|
|Kenya||Yes||Yes||The Constitution states that a member who resigns from his party has to vacate his seat. The decision is by the Speaker, and the member may appeal to the High Court.|
|Singapore||Yes||Yes||Constitution says a member must vacate his seat if he resigns, or is expelled from his party. Article 48 states that Parliament decides on any question relating to the disqualification of a member.|
|South Africa||Yes||Yes||The Constitution provides that a member loses membership of the Parliament if he ceases to be a member of the party that nominated him.|