by Harish Gupta, National Editor, Lokmat Group
Tough steps against corrupt Mps, MLAs in sight,
regular monitoring of their assets under consideration
Harish Gupta
New Delhi, Nov 26
In an unusual move, a judgment of the Supreme Court regarding creation of a permanent institutional mechanism to “monitor the assets and sources of income of Legislators and their associates” on a continuous basis was discussed.
It transpires that senior officials of the secretariats of Lok Sabha and Rajya Sabha, Department of Personnel, Election Commission of India and about 20 state legislatures attended the meeting.
The meeting was held in the Parliament House to discuss various aspects of implementation of the SC order. Obviously, the presiding officers of the two houses, the Vice President of India, M Venkaiah Naidu and Speaker Sumitra Mahajan strongly felt that the SC judgment be followed up in letter & spirit.
In its judgment, the apex court had said in February this year in the Lok Prahari Vs.Union of India, that a permanent institutional mechanism be created to continuously monitor the assets and sources of the income of the Legislators. As if this was not enough, the SC had ordered that the assets of their associates including spouses and dependents be also included. As if this was not enough, the SC said the body should take appropriate action in case of disproportionate increase in their assets during the tenure of the membership, including disqualification from membership of the Legislatures’.
It emerged during the discussion that there are different rules and norms in different legislatures for members to declare their assets and liabilities soon after their election. There is no provision to ensure compliance of the same. Besides, there is no provision requiring such periodic declaration of assets once they are elected on a regular basis. Strangely, there is no provision under any Act of Parliament or Rules of respective legislatures to disqualify members from the Legislatures on account of acquisition of disproportionate assets.
It was felt that the implementation of the direction of the apex court may require necessary amendment in the Representation of the People Act, 1951 making such disproportionate acquisition of assets a ground for disqualification from the membership of the Legislatures. It was also pointed out that this Act is applicable only to the elected MPs in respect of requiring disclosure of assets and liabilities under Section 75 A of the Act. Invoking Sub-section 2 of this Section, the Chairman of Rajya Sabha and Speaker of Lok Sabha have issued the ‘Members of Rajya Sabha/Lok Sabha (Declaration of Assets and Liabilities) Rules,2004’. Under these Rules, MPs need to make such declarations within 90 days of their election to Parliament.
Discussions will further continue.
Ends
