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2007 Assessment

India: Integrity Indicators Scorecard

India: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	92
30	Are there regulations governing conflicts of interest by members of the national legislature?	36
31	Can citizens access the asset disclosure records of members of the national legislature?	83
32	Can citizens access legislative processes and documents?	83

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: In India, the judiciary has the power to review the actions of the legislature to ascertain whether they are in agreement with the provisions of the constitution.

References: Articles 286, 299-301 and 304.

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The review of laws passed by the legislature is undertaken by the judiciary only when a case in this regard is filed in the court. The important point is that the legislature cannot take suo motto action in this regard. There are frequent cases of tussle between the legislature and the judiciary. The two most recent are the standoff between the two on the expulsion of members of Parliament and temporary disqualification of the legislators of a state assembly on the ground of violation of the anti-defection law.

References: Anti Defection Law;

Supreme Court judgments

Peer Review Comments: Judiciary does not do the review on its own. It does so only when there is an appeal.

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: The only requirement is that the presiding officer be informed of the proceedings.

References: Rules of Procedure and Conduct of Business

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: It is required at two levels. First, when any person wishes to seek election in the Lower House of Parliament, he/she must file an affidavit at the time of submitting the nomination papers, which contains details relating to their assets and liabilities. Once elected, they are required to file with the presiding officer a statement of their assets and liabilities.

References: Representation of People's Act

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: In law, there are no such restrictions.

References: Representation of People's Act

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: The Rules of Procedure and Conduct of Business and the norms established for members spell out the regulations relating to accepting of gifts and hospitality. The tragedy is that it is not followed in spirit.

References: Rules of Procedure and Conduct of Business

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: While members are asked to submit a statement on assets, there is no evidence of the same being subjected to the scrutiny of an independent agency created for that specific purpose.

References: Representation of People's Act 1951

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: There are no such norms.

References: Representation of People's Act 1951

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: It is difficult to monitor these provisions and hold elected representatives accountable. There is ambiguity in the provisions, which allows for a very liberal interpretations of the limitations placed on legislators.

References: Ethics Committee of Parliament report: www.parliamentofindia.nic.in

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: There is no mandatory provision requiring that they be audited.

References: Rules of Procedure and Conduct of Business;

Ethics Commitee Report

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: Today the asset disclosure affidavit of candidates is placed on the Web site by the Election Commission and is accessible to people. The percentage of those who have access to the Internet, however, is limited. Further, the capacity of ordinary citizens to withstand the `tyranny of procedures` of the Right to Information Act is also limited.

References: Right to Information Act: www.parliamentofindia.nic.in

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: As mentioned, the authorities places these records on the Web site. They are accessible to those who have access to the internet.

References: www.eci.gov.in

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: The only cost is often internet access cost.

References: Right to Information Act: www.eci.gov.in

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: The Web site of the Parliament has a lot of material on deliberations and other documents. The rest of the documentation can also be accessed in the Parliament house library and libraries of other state legislatures. Parliament today has a dedicated television channel that broadcasts programs related to its activity. There is this feeling that as legislative staff controls the entire process they ensure that only those documents are placed in the public domain which will not cause too much embarassment to the legislature.

References: www.parliamentofindia.nic.in

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Many of these documents are on the Web site of Parliament and the rest can be purchased at a reasonable price or accessed in public libraries.

References: www.parliamentofindia.nic.in

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: They can be accessed through the internet or purchased from outlets managed by the government/legislature. A caveat needs to be added at this stage. Given the fact that one-third of the nation's population is still illterate they have limited use of these materials.

References: www.parliamentofindia.nic.in

Peer Review Comments: Again this definition of "reasonable" has me confused. Internet access is a privilege for a majority, even if it is free.