The budget process is covered by live TV and extensively by most newspapers each year.  Most large companies have their own analysis of the budget.  Increasingly, there is an effort by civil society groups to analyse the budget to decipher the allocations to the social sector.  All of this is hugely important and indeed necessary for greater scrutiny and analysis by citizens across the country.

But we at PRS have often spoken about the role of Parliament in effectively scrutinising the government.  If there is anything that the Parliament must scrutinise carefully each year, it is the budget – because this is the way in which the government expresses its real priorities.  Even if the Parliament passes Bills on any subject – right to education, right to health, right to food, etc. – a good measure of the true willingness of the government to implement any of this can be seen by how much money it is willing to allocate to make things a reality.

Former Finance Minister Yashwant Sinha spoke about the budget process (Times of India, Feb 27th) and has argued that the current process in India is archaic and is in urgent need of an overhaul.  He also points that Parliament has little power to change anything in the budget, and argues that this undermines the principles of our Parliamentary democracy.  We agree.

On our part, we have produced two documents to help readers understand the budget process better.  How to read the union budget and the Union Budget process can both be accessed from our website.  And we would greatly appreciate your comments on this and other posts on our blog.

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.
Australia Yes No  
Canada Yes No  
France Yes No  
Germany Yes No  
Malaysia Yes No  
United Kingdom Yes No