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Anti-defection law: Law minister wants ministries to be pruned, speaker's role to be redefined
Sandesh Prabhudesai in Panaji
If the government ultimately decides to amend the anti-defection
act, then it will also specify the speaker's role in
deciding upon disqualification petitions.
Secondly, Parliament may also restrict the size
of central and state ministries to one tenth the size of the federal and state legislatures. This means the days of jumbo cabinets is past.
Union Law Minister Ramakant Khalap is personally in favour of
both amendments, besides disqualifying any MP or MLA
once s/he defects. A final decision is expected after the all-party
meeting convened by Prime Minister I K Gujral discusses the issue on Monday,
November 10.
"The speaker's position has definitely come under a cloud after
what happened in Uttar Pradesh," Khalap told Rediff On The NeT.
He has proposed to the United Front steering committee that a specific time limit
be fixed for the speaker to dispose off the disqualification petitions.
"No amendment will be of any use," he admits, "unless punitive action
is proposed against the speaker, who could otherwise sit on disqualification
petitions for the whole term of the legislature. In what way would any amendment
help unless the speaker takes a prompt decision on disqualification?" he
asks.
Though the speaker is a quasi-judicial authority, the law minister has already moved an amendment
to the Civil Procedure Code, fixing a specified time limit for all
courts to dispose off disqualification as legislator cases. "The same criteria may
be applied to the speaker," adds Khalap.
The minister also appeared upset with many assembly speakers
and state governors who, according to him, violate
the Constitution, if not the law. "They don't disqualify
legislators from holding positions unless declared disqualified,"
he says.
"It's the fundamental duty of everybody to abide by the Constitution
and uphold its ideals," Khalap says, while pointing at
Bahujan Samaj Party legislators who, he said, "unconstitutionally hold ministerial
positions in UP despite being less than one third in number while
splitting (their party)."
As ministerial berths are the main carrot used to tempt potential defectors, Khalap
has proposed to the
UF steering committee that Union and state ministries be restricted to one
tenth the size of the assembly or Parliament.
Three other alternatives put forth by the Union law ministry are
either scrapping the Tenth Schedule in the Constitution defining
defections, disqualifying all the legislators who have defected irrespective of their
number or increasing the limit for a legal split from one third
to half the size of the legislature party.
EARLIER REPORTS:
More teeth for anti-defection law
Congress rebels closing in on Kesri
Congressmen are depressed: Advani
Fear of Congress defections in LS prompts Gujral's reforms
UF to amend anti-defection law
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