New Delhi, Dec. 16: The Lok Sabha today unanimously passed a Constitution amendment bill that seeks to bar a defector from holding any public office as a minister or other remunerative political posts for the remaining term of an existing legislature or until fresh elections.
The bill, passed after a three-hour debate, also seeks to restrict the size of ministries at the Centre and in states.
Although the bill was passed with 416 votes in favour and none against, members like Prabhunath Singh (Samata Party), Devendra Prasad Yadav, of the Janata Dal (United), and Independent MP Pappu Yadav complained that the legislation would spawn dictatorial tendencies among party leaders. The MPs — all from Bihar — added that members would not feel free to express their views.
Law minister Arun Jaitley, who piloted the bill, replied that if a member felt so convinced about his point of view, he was free to resign.
Jaitley said restricting the number of ministers at the Centre and in states to 15 per cent of the strength of the Lok Sabha and legislative Assemblies also showed the maturity of the Indian polity.
The bill has removed the earlier provision that legalised a split if one-third of a legislature party broke away. According to the amended provision, a split in the legislature party alone will not do. The national executive of the party itself will have to splinter, which will make defections extremely difficult.
The law minister said that most splits since 1985 were not based on any principle or ideology and the defectors, in most cases, joined the ruling party for ministerial posts. The bill, he added, was “intended to curb this mischief” and would also put a check on ballooning ministries.
The minister said both the Dinesh Goswami Committee, which reviewed the Constitution, and the Law Commission favoured such a measure. The provisions of the bill would, however, not apply to members who have been expelled from parties, he added in response to clarifications sought by some members.
During the discussion, several MPs pointed out what they felt had not been addressed by the bill. The CPM’s Roopchand Pal said the bill is silent on how to deal with members who obey the party whip inside the House but speak against the party outside.
Raghuvansh Prasad Singh, of the Rashtriya Janata Dal, said there was no definition of a “party” in the measure, which does not address the root cause of the malady and was only a “painkiller”.
Dal (U) member Ramjeevan Singh wanted to know what to do with a person who gets elected on a party ticket and its symbol but speaks against the party and its policies. Senior Bahujan Samaj Party leader Rashid Alvi said that 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.
Congress MP Priya Ranjan Das Munshi attacked the BJP-led central coalition, saying that some ministers speak in different voices. He said the problem of “defection” has been addressed but not that of “deception”. Lok Janshakti Party leader Ram Vilas Paswan expressed apprehensions that some provisions of the bill would make members of a party “bonded labourers” of their party bosses.
Delimitation bill
A bill to replace the ordinance for delimitation of Assembly and parliamentary constituencies on the basis of the 2001 Census was today passed by Parliament with the Rajya Sabha adopting it by voice vote.
Winding up a discussion on the bill, minister of state for law P.C. Thomas said the legislation was required since the Delimitation Act, 2002, as originally enacted, provided for delimitation of electoral constituencies on the basis of the 1991 Census.
