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 |
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| 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. |
| Australia | Yes | No | |
| Canada | Yes | No | |
| France | Yes | No | |
| Germany | Yes | No | |
| Malaysia | Yes | No | |
| United Kingdom | Yes | No | |
Listed below are some key Bills pending in Parliament that are expected to address various aspects of corruption in India. These Bills need to be scrutinized carefully by both lawmakers and citizens alike, so as the strengthen them. Citizen groups can engage in a variety of ways to get their views heard, which have been described in the primer on Engaging with Policy Makers. Some of these anti-corruption Bills are listed in the current Winter Session for consideration and passing. These are marked in red below. (The full list of all Bills being considered in the Winter Session can be accessed here.) Each Bill below has been hyperlinked to a page which has the text of the Bill, the report of the Standing Committee, PRS analysis, and other relevant documents, all in one place. Spreading this message to a number of interested people will be a very useful contribution by all those interested in building greater engagement of people with what happens in Parliament.
| Bill |
Date of introduction |
Status |
Brief description |
| The Lokpal and Lokayuktas Bill, 2011 (Listed for passing) | December 22, 2011 | Passed by Lok Sabha on 27 Dec 2011. Report of Rajya Sabha Select Committee submitted on November 23, 2012. | It seeks to establish the office of the Lok Pal at the centre and Lokayuktas in states for inquiring into complaints against certain public servants.The Bill once passed shall be applicable to states if they give their consent to its application. |
| The Whistle Blowers Protection Bill, 2011 (Listed for passing) | August 26, 2010 | Passed by Lok Sabha on December 27, 2011. Pending in Rajya Sabha | It seeks to protect whistleblowers (person making a disclosure related to acts of corruption, misuse of power or criminal offence).Under the Bill any person including a public servant may make such a disclosure to the Central or State Vigilance Commission.The identity of the complainant shall not be disclosed. |
| The Benami Transactions (Prohibition) Bill, 2011 | August 18, 2011 | Standing Committee submitted its Report on June 26, 2012 | The Bill prohibits all persons from entering into benami transactions (property transactions in the name of another person).Any benami property shall be confiscated by the central government.It seeks to replace the existing Benami Transactions (Prohibition) Act, 1988. |
| The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2011 (Listed for passing) | March 25, 2011 | Standing Committee submitted its Report on March 29, 2012 | Indiais a signatory to the UN Convention against corruption. The Bill is necessary for India to ratify the Convention.The Bill makes it an offence to accept or offer a bribe to foreign public officials and officials of public international organizations in order to obtain or retain international business |
| The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 | December 20, 2011 | Standing Committee submitted its Report on August 28, 2012 | It requires every public authority to publish a citizen charter within six months of commencement of the Act.The charter should detail the goods and services to be provided and the timeline for their delivery. |
| The Electronic Delivery of Services Bill, 2011 | December 27, 2011 | Standing Committee submitted its Report on August 30, 2012 | The Bill requires all public authorities to deliver all public services electronically within a maximum period of eight years.There are two exceptions to this requirement: (a) service which cannot be delivered electronically; and (b) services that the public authorities in consultation with the respective Central and State EDS Commissions decide not to deliver electronically. |
| The Prevention of Money-Laundering (Amendment) Bill, 2011 (Listed for passing) | December 27, 2011 | Standing Committee submitted its Report on May 9, 2012 | The Bill Amends the Prevention of Money Laundering Act, 2002.This Bill widens the definition of offences under money laundering to include activities like concealment, acquisition, possession and use of proceeds of crime.It provides for the provisional attachment and confiscation of property (for a maximum period of 180 days). |
| The National Identification Authority of India Bill, 2010 | December 3, 2010 | Standing Committee submitted its Report on December 13, 2011 | The Bill seeks to establish the National Identification Authority of India to issue unique identification numbers (called ‘Aadhaar’) to residents ofIndia.Every person residing inIndia(regardless of citizenship) is entitled to obtain an Aadhaar number after furnishing the required information.The number shall serve as an identity proof. But not as a citizenship proof. |
| The Judicial Standards and Accountability Bill, 2010 | December 1, 2010 | Passed by Lok Sabha on March 29, 2012; Pending in Rajya Sabha | It replaces the Judges (Inquiry) Act, 1968. It provides for enforceable standards for the conduct of High Court and Supreme Court judges.The Bill requires judges and their spouses and children to declare their assets and liabilities. It also establishes a process for the removal of judges of Supreme Court and High Court |
| The Public Procurement Bill, 2012 | May 14, 2012 | Standing Committee Report pending | The Bill seeks to regulate and ensure transparency in the procurement process. It applies to procurement processes above Rs 50 lakh.The procuring entity shall adhere to certain standards such as (a) ensuring efficiency and economy; and (b) provide fair and equitable treatment to bidders. |
Sources: Respective Bills, PRS Legislative Research
