The Hindu : Nod for Bill to check defection

Online edition of India's National Newspaper
Wednesday, Dec 17, 2003

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Nod for Bill to check defection

By Our Special Correspondent

NEW DELHI DEC. 16. The Constitution Amendment Bill seeking to contain the size of the Council of Ministers (to 15 per cent of the Lower House) in the case of the Centre and in the States, and debar a defector from holding any "remunerative political post" for the remaining tenure of the legislature or unless re-elected, was unanimously passed by the Lok Sabha today despite reservations about the impact of the latter amendment on inner party democracy.

The new law will be known as the Constitution (Ninety-first Amendment) Act, 2003 (after being approved by the Rajya Sabha).

While the vote did not spring any surprise, the two-and-a-half-hour-long discussion saw members from most political parties argue that the omission of the provision for "split" in the Tenth Schedule of the Constitution encroached upon a legislator's right to differ with his/her party. The existing law allows bulk defections and the disqualification provision is not applicable when one-third of the members of a party split from the parent group.

The new law describes a "remunerative political post" as any office (a) where the salary or remuneration for such office is paid out of the public revenue; and, (b) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remunerations for such office is paid by such body."

The statement of objects and reasons cites the recommendations made by the Dinesh Goswami Committee (1990), the Law Commission of India (170th report) and the National Commission to Review the Working of the Constitution as the basis for the proposed amendment.

"This law will weaken inner-party democracy," said Rashid Alvi of the Bahujan Samaj Party, a view that found vociferous takers among the divided "Janata parivar". He questioned the timing of the amendment; hinting as did Mr. Raghuvansh Prasad Singh of the Rashtriya Janata Dal soon after that the BJP-led NDA Government was pushing for it with an eye on next year's Lok Sabha elections.

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