Statute panel for strengthening anti-defection law

By J. Venkatesan

NEW DELHI, DEC. 31. The consultation paper on `Parliamentary reforms', prepared by the National Commission to Review the Working of the Constitution (NCRWC) has favoured strengthening of the anti- defection law by expanding the term ``political party'' to include pre-poll coalitions.

According to the paper to be formally released for a nationwide debate on January 8, next, this would help deal effectively with the problem of instability arising out of sudden defections.

While giving solutions to the problem of a `hung' Parliament, the paper suggests that Parliament, when dealing with `no confidence motions', should also explore the possibility of election of a new leader once the motion was approved.

The Chairman of the Commission, Mr. Justice M.N. Venkatachaliah, said this provision could be on the lines of the German constitution, which provides for election of an alternative leader by the House when it has no confidence in the leadership of the Chancellor.

It also deals with measures to ensure stability of Parliament and legislatures within the parameters and discipline of Parliamentary systems. It wants issuance of whips to be restricted only on occasions such as motion of no-confidence etc.

It discusses the developments in India towards having a code of conduct for legislators right from the time of T.T. Krishnamachari Committee in 1951 to investigate the Mudgal affairs to ethics committee appointed by the Rajya Sabha in 1997.

The other points dealt with are: compulsory orientation programmes for new MPs; items warranting voting by division to be taken only after sufficient notice to members; codification of Parliamentary privileges; legislators to declare their assets when they enter office and annually thereafter and these declarations to be made public and an enforceable code of conduct for members and an ethics committee to receive petitions and complaints so also to investigate them and to recommend punishment for erring MPs.

The paper on `electoral reforms' suggests modification in the present election of a candidate, viz `first past the post system' to overcome the problem of winning on minority votes and problems arising therefrom; the advisability of requiring a minimum of 50 per cent plus 1 of votes for the returned candidates; system of `run-off' polling if no candidate secures 50 per cent plus at the first round.

Ceiling on election expenses to be made more effective and provision for automatic disqualification of a person found guilty of corrupt practices by a court.

It has been made clear by the Commission that at this stage the views expressed in these papers are not the final views but are intended for the sole purpose of generating public debate and discussion.

Send this article to Friends by E-Mail

Section  : National
Previous : CITU plans protests against Govt. policies
Next     : President greets nation on new year