Yesterday the Rajya Sabha and Lok Sabha engaged in a debate on the President's speech, known as the Motion of Thanks. The President's speech is a statement of the legislative and policy achievements of the government during the preceding year and gives a broad indication of the agenda for the year ahead. Close to the end of the UPA government’s term, it would be useful to evaluate the status of the commitments made in the President’s addresses. (To know more about the significance of the President’s speech refer to this Indian Express article. To understand the broad policy and legislative agenda outlined in this year's address see this PRS Blog.) The President's speeches since the beginning of the 15th Lok Sabha in 2009, have addressed reforms to the financial and social sectors, improving accountability of public officials, and making the delivery of public services more efficient. We analyse the status of each of these commitments. Accountability in governance processes In an effort to increase accountability and transparency in governance processes, the government introduced a number of Bills.
These bills have been passed by the Lok Sabha and are pending in the Rajya Sabha. The government has recently approved amendments to the Lokpal Bill, which may be considered by the Rajya Sabha in the Budget session. Public service delivery In order to make public service delivery more efficient, the government introduced the Electronic Services Delivery Bill and the Citizen’s Charter Bill.
Social sector reforms: land, food security and education Broad sectoral reforms have been undertaken in land acquisition, food security and education to aid development and economic growth.
Financial sector reforms In order to aid growth and encourage investments, the President had mapped out necessary financial sector reforms.
In the backdrop of these legislations, it will be interesting to see the direction the recommendations of the Financial Sector Legislative Reforms Commission, responsible for redrafting all financial sector regulation, takes. Internal security The government is taking measures to deal with internal security concerns such as terrorism and naxalism. In 2009, the President mentioned that the government has proposed the setting up of a National Counter Terrorism Centre. However, this has been on hold since March 2011. At the beginning of the 15th Lok Sabha in June 2009, the President presented the 100 day agenda of the UPA II government, in his address. Of the eight bills listed for passing within 100 days, none have been passed. In addition, the President’s address in 2009 mentioned five other Bills, from which, only the RTE Act has been passed. In the final year of its tenure, it needs to be seen what are the different legislative items and economic measures, on which the government would be able to build consensus across the political spectrum.
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 |