12-17-2003, 03:01 AM
<b>Bill debarring defector from holding office passed</b>
The Lok Sabha today unanimously passed a Constitution amendment bill seeking to debar a defector from holding any public office as a minister or any other remunerative political post for at least the duration of the remaining term of the existing legislature or until fresh elections.
The Bill, which also seeks to restrict the size of the counicl of Ministers, was passed with 416 members voting in favour and none against.
Replying to discussion on the bill, Law and Justice Minister Arun Jaitley said the measure was brought forward as the <b>experience of the last 18 years showed that smaller parties have split mostly to join the ruling party so as to get ministerial posts.</b>
<b>He said the bill was "intended to curb this mischief".</b>
The Minister said the Dinesh Goswami Committee, which reviewed the Constitution, as also the Law Commission had favoured such a proposal.
He said restricting the number of council of ministers at the centre and the state to 15 per cent of the total Lok Sabha members and Legislative Assembly respectively, showed the maturity of the Indian polity.
This, he said, would help curb the problem of extraordinarily large size of ministries.
Responding to clarifications sought by some members, Jaitley said the provisions of the measure would not not be applied to members who have been expelled from parties.
When Samata Party member Prabhu Nath Singh and JD-U member Devendra Prasad Yadav complained that the legislation would result in dictatorial tendencies among party leaderships and members would be curbed to freely express their views, the Minister said that if a member felt so convinced about his point of view then he was free to resign and raise the issue outside.
On the concern voiced by Congress leader Shivraj Patil on the unfair criticism of the adjudicatory powers of the Speaker, Jaitley said the discretion of the Speaker has become "very limited" in the measure which has done away with the "split provision".
Earlier, participating in the disucssion, Rashid Alvi (BSP) said since the anti-defection law has been deliberately misinterpreted by several presiding officers, the powers in this regard needed to be given to a Committee of the legislature and should not be left to the Speaker alone.
P R Dasmunsi (Cong) sought to assail the BJP-led coalition over the issue of some ministers speaking in different voices. He said the problem of 'defection' has been addressed but not not that of 'deception' in the measure.
Raghuvansh Prasad Singh (RJD) said there was no definition of a 'party' in the measure which does not address to the root cause of the malady and was only a "painkiller".
<b>Ram Vilas Paswan (Lok Jan Shakti) expressed apprehensions that some provisions of the bill would make the members of a party "bonded labour" of their respective party bosses.</b>
Chandrakant Khaire (Shivsena) wanted the Rajya Sabha and the Legislative Councils to be scrapped as they are merely used for "political adjustments".
Subodh Panda (CPI) sought to know whether the provisions of the measure would be applied to those who had defected recently at the Centre and in the states
The Lok Sabha today unanimously passed a Constitution amendment bill seeking to debar a defector from holding any public office as a minister or any other remunerative political post for at least the duration of the remaining term of the existing legislature or until fresh elections.
The Bill, which also seeks to restrict the size of the counicl of Ministers, was passed with 416 members voting in favour and none against.
Replying to discussion on the bill, Law and Justice Minister Arun Jaitley said the measure was brought forward as the <b>experience of the last 18 years showed that smaller parties have split mostly to join the ruling party so as to get ministerial posts.</b>
<b>He said the bill was "intended to curb this mischief".</b>
The Minister said the Dinesh Goswami Committee, which reviewed the Constitution, as also the Law Commission had favoured such a proposal.
He said restricting the number of council of ministers at the centre and the state to 15 per cent of the total Lok Sabha members and Legislative Assembly respectively, showed the maturity of the Indian polity.
This, he said, would help curb the problem of extraordinarily large size of ministries.
Responding to clarifications sought by some members, Jaitley said the provisions of the measure would not not be applied to members who have been expelled from parties.
When Samata Party member Prabhu Nath Singh and JD-U member Devendra Prasad Yadav complained that the legislation would result in dictatorial tendencies among party leaderships and members would be curbed to freely express their views, the Minister said that if a member felt so convinced about his point of view then he was free to resign and raise the issue outside.
On the concern voiced by Congress leader Shivraj Patil on the unfair criticism of the adjudicatory powers of the Speaker, Jaitley said the discretion of the Speaker has become "very limited" in the measure which has done away with the "split provision".
Earlier, participating in the disucssion, Rashid Alvi (BSP) said since the anti-defection law has been deliberately misinterpreted by several presiding officers, the powers in this regard needed to be given to a Committee of the legislature and should not be left to the Speaker alone.
P R Dasmunsi (Cong) sought to assail the BJP-led coalition over the issue of some ministers speaking in different voices. He said the problem of 'defection' has been addressed but not not that of 'deception' in the measure.
Raghuvansh Prasad Singh (RJD) said there was no definition of a 'party' in the measure which does not address to the root cause of the malady and was only a "painkiller".
<b>Ram Vilas Paswan (Lok Jan Shakti) expressed apprehensions that some provisions of the bill would make the members of a party "bonded labour" of their respective party bosses.</b>
Chandrakant Khaire (Shivsena) wanted the Rajya Sabha and the Legislative Councils to be scrapped as they are merely used for "political adjustments".
Subodh Panda (CPI) sought to know whether the provisions of the measure would be applied to those who had defected recently at the Centre and in the states