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Assets and Liabilities of MPs after election

December 20th, 2010 No comments

It is common knowledge that individuals contesting elections have to file an affidavit, declaring (i) their criminal records (if any), (ii) assets & liabilities and (iii) educational qualification.  What is not widely known is that after getting elected, Members of Parliament are required to file a declaration of assets and liabilities with the Speaker of Lok Sabha and the Chairman of Rajya Sabha.   The rules to this effect were made in 2004 under the Representation of Peoples Act , 1951.

These declarations have to be made by MPs within 90 days of taking their seat in Parliament.  Rules for Lok Sabha MPs an be found hereand those for Rajya Sabha MPs can be found here.

The Rajya Sabha rules specify that the declarations made by MPs shall be made availaible to any person with the written permission of the Chairman.  The rules also specify that Rajya Sabha MPs are required to update their declarations every year.

The Lok Sabha rules specify that the declarations made by the Lok Sabha MPs shall be treated as confidential and shall not be made available to any person without the written permission of the Speaker.  The rules also do not contain an express provision for the declaration made by the MPs to be updated in case there is a change in the status of their assets and liabilities.

Such rules under the Representation of Peoples Act currently do not exist for MLAs in States.